B08 - Combined Synopsis Solicitation 20-Q-0040 Aerial Brushkill Services.pdf

This is a combined synopsis/solicitation for commercial services/supplies prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

The U.S. Army Corps of Engineers, Memphis District has a requirement for Aerial Brushkill Services as defined in the Performance Work Statement (PWS). Locations where services are to be performed in the following states and counties: (1) Missouri: Dunklin, New Madrid, Pemiscot, Stoddard; (2) Arkansas & Mississippi. Quick turnaround is necessary for the Government to fulfill its mission. Full Details are provided below in the PWS.

The solicitation number is W912EQ-20-Q-0040 and is being issued as a Request for Quote (RFQ).

This is a Small Business Set-Aside Procurement. The associated NAICS code is 115310 with a size standard of $8,000,000.00. All responsible sources may submit a quote, which shall be considered by the agency. Response to this combined synopsis/solicitation must be received via email, by August 31, 2020, no later than 10:00 A.M., Central Standard Time. Proposal should be marked with solicitation number W912EQ-20-Q-0040 addressed to Valerie Marshall, Phone (901) 544-3619, email: Valerie.Marshall@usace.army.mil. Vendors not registered in System for Award Management Registration (SAM) database prior to award will not be eligible for award. Vendors may register for SAM by registering online at www.betaSam.gov or by calling 1-866-606-8220. Regardless of method of delivery, it is the offeror’s responsibility to ensure receipt of quote by the time and date stated herein. Contractor shall submit all documents required to be considered for this opportunity. See Section entitled Notice to Offeror.

mailto:Valerie.Marshall@usace.army.mil http://www.betasam.gov/

NOTICE TO VENDORS

A. The following documentation must be submitted with your quote for evaluation.

1. SF 1449 Solicitation, Offer and Award - Complete Block(s) 17, include your signature, name, title, date, include prompt payment terms, remittance address, Tax Identification Number, DUNS number, and Cage Code.

2. Bid Schedule of prices

3. All amendments must be acknowledged

4. Review and submit the required information from FAR clauses 52.212-2 in the solicitation.

5. Past Performance Questionnaire

B. Vendor’s ADDRESS - Prospective Vendors should indicate in the offer, the address to which payment and/or correspondence should be mailed, if such address is different from that shown for the bidder on Standard Form 33 Block 15a.

C. System for Award Management - By submission of a quote, the Vendor acknowledges the requirement that prospective awardees must be registered in the System for Award Management (SAM) database prior to award, during performance, and through final payment of any contract resulting from this quote. Lack of registration in the SAM database will make an Offeror ineligible for award. Contractors may obtain information on registration and annual confirmation requirements by calling 1-888-227-2423, or at:

http://www.betaSam.gov.

D. Basis of Award – The Government will award (1) Firm Fixed Price Contract from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government based on Technical Capability, Past Performance, and Price. See Performance Work Statement, and Evaluation Criteria specified in FAR 52.212-2 of this solicitation.

A rating of Acceptable or Unacceptable will be assigned to quotes.

TECHNICAL RATING:

Acceptable: Submittal clearly meets the minimum requirements of the solicitation.

Unacceptable: Submittal does not clearly meet the minimum requirements of the solicitation.

PAST PERFORMANCE RATING:

Acceptable: Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

Unacceptable: Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform.

Past Performance evaluations will be based on the following:

(A) The contracting officer’s knowledge of and previous experience with the supply and/or service being acquired;

(B) Customer surveys, and past performance questionnaire replies;

(C) The Government wide Contractor Performance Assessment Reporting System (CPARS) at www.cpars.gov; or

(D) Any other reasonable basis.

E. How to submit questions: Interested offerors must submit any questions concerning the solicitation at the earliest time possible to enable timely response. Questions must be submitted by email to Valerie.Marshall@usace.army.mil and Christopher.P.White@usace.army.mil

F. How to submit Quote: To be considered for evaluation, all Contractors shall submit an electronic offer to the following email addresses no later than August 31, 2020 @ 10:00 a.m. CST. Submit an electronic offer to Valerie.Marshall@usace.army.mil and Christopher.P.White@usace.army.mil .

http://www.betasam.gov/ http://www.cpars.gov/ mailto:Valerie.Marshall@usace.army.mil mailto:Christopher.P.White@usace.army.mil mailto:Valerie.Marshall@usace.army.mil mailto:Christopher.P.White@usace.army.mil

G. Delivery Times – The following delivery times are established for contactors:

0700-4:00pm, M-F (Monday thru Friday) 0700-3:00pm, Friday

No work is performed on Federal holidays.

(UNLESS OTHERWISE INSTRUCTED)

MAP OF AREAS

BID SCHEDULE OF PRICES (PAGE 1 OF 5)

BASE YEAR REQUIREMENT

DETAILED MAP WILL BE PROVIDED AT PRECONFERENCE

Item Description Est.

Quantity U/M U/P Amount

0001 Aerial Brushkill Svcs. – Base Year (9/14/2020 – 10/31/2020)

836.6 AC $___.__ $______.__

Total 836.6 AC $___.__ $______.__

Item 0001 Detail Channel Name USGS Quad

Map(s) Mileage Spray width (ft) Acreage Notes for

Spraying Little River System to Ditch 81 Control Structure

Ditch 39 Bloomfield, Sikeston

34.5 40 167.3

Ditch 24 Bloomfield, Sikeston 6.1 40 29.6

Elk Chute Ditch Kennett, Hayti, Manila 16 40 77.6

Ditch 81 (Big Lake Control Struct to Ditch 81 Control Struct)

Manila 11 40 53.3

Ditch 81 (HWY 412 to Big Lake Control Struct)

Kennett, Hayti 20 40 97.0

Ditch 66 Hayti, Pascola 21.3 40 103.3

Ditch 293 Pascola 2 40 9.7

Ditch 281 Pascola 1.6 40 7.8

Ditch 9 Pascola 5.3 40 25.7

Belle Fountain System

Belle Fountain Ditch Kennett, Hayti, Manila 6.2 40 30.1

Ditch 9 Hayti 7 40 33.9

Main Ditch Hayti 17.6 40 85.3

New Franklin Ditch Hayti, Caruthersville 8.7 40 42.2

Ditch No 2 Hayti 6.7 40 32.5

Ditch 1 Caruthersville, Hayti 4.9 40 23.8

Ditch 6 Caruthersville, Hayti 3.6 40 17.5

Total Mileage 172.5 836.6 Total Acreage

$___.__ Price Per Acre

$_________.__ Total Price

BID SCHEDULE OF PRICES (PAGE 2 OF 5)

OPTION YEAR ONE REQUIREMENT

U/M U/P Amount

1001 Aerial Brushkill Svcs. - Option Year 1 (9/1/2021 – 10/31/2021)

Map(s) Mileage Spray width (ft) Acreage Notes for

Spraying

Elk Chute Ditch Kennett, Hayti, Manila 16 40 77.6

Ditch 81 (Big Lake Control Struct to Ditch 81 Control Struct)

Manila 11 40 53.3

Ditch 81 (HWY 412 to Big Lake Control Struct)

Kennett, Hayti 20 40 97.0

Ditch 66 Hayti, Pascola 21.3 40 103.3

Ditch 293 Pascola 2 40 9.7

Ditch 281 Pascola 1.6 40 7.8

Ditch 9 Pascola 5.3 40 25.7

Belle Fountain System

Belle Fountain Ditch Kennett, Hayti, Manila 6.2 40 30.1

Ditch 9 Hayti 7 40 33.9

Main Ditch Hayti 17.6 40 85.3

New Franklin Ditch Hayti, Caruthersville 8.7 40 42.2

Ditch No 2 Hayti 6.7 40 32.5

Ditch 1 Caruthersville, Hayti 4.9 40 23.8

Ditch 6 Caruthersville, Hayti 3.6 40 17.5

Total Mileage 172.5 836.6 Total Acreage

BID SCHEDULE OF PRICES (PAGE 3 OF 5)

OPTION YEAR TWO REQUIREMENT

U/M U/P Amount

2001 Aerial Brushkill Svcs - Option Year 2 (9/1/2022 – 10/31/2022)

Map(s) Mileage Spray width (ft) Acreage Notes for

Spraying

Elk Chute Ditch Kennett, Hayti, Manila 16 40 77.6

Ditch 81 (Big Lake Control Struct to Ditch 81 Control Struct)

Manila 11 40 53.3

Ditch 81 (HWY 412 to Big Lake Control Struct)

Kennett, Hayti 20 40 97.0

Ditch 66 Hayti, Pascola 21.3 40 103.3

Ditch 293 Pascola 2 40 9.7

Ditch 281 Pascola 1.6 40 7.8

Ditch 9 Pascola 5.3 40 25.7

Belle Fountain System

Belle Fountain Ditch Kennett, Hayti, Manila 6.2 40 30.1

Ditch 9 Hayti 7 40 33.9

Main Ditch Hayti 17.6 40 85.3

New Franklin Ditch Hayti, Caruthersville 8.7 40 42.2

Ditch No 2 Hayti 6.7 40 32.5

Ditch 1 Caruthersville, Hayti 4.9 40 23.8

Ditch 6 Caruthersville, Hayti 3.6 40 17.5

Total Mileage 172.5 836.6 Total Acreage

BID SCHEDULE OF PRICES (PAGE 4 OF 5)

OPTION YEAR THREE REQUIREMENT

U/M U/P Amount

3001 Aerial Brushkill Svcs - Option Year 3 (9/1/2023 – 10/31/2023)

Map(s) Mileage Spray width (ft) Acreage Notes for

Spraying

Elk Chute Ditch Kennett, Hayti, Manila 16 40 77.6

Ditch 81 (Big Lake Control Struct to Ditch 81 Control Struct)

Manila 11 40 53.3

Ditch 81 (HWY 412 to Big Lake Control Struct)

Kennett, Hayti 20 40 97.0

Ditch 66 Hayti, Pascola 21.3 40 103.3

Ditch 293 Pascola 2 40 9.7

Ditch 281 Pascola 1.6 40 7.8

Ditch 9 Pascola 5.3 40 25.7

Belle Fountain System

Belle Fountain Ditch Kennett, Hayti, Manila 6.2 40 30.1

Ditch 9 Hayti 7 40 33.9

Main Ditch Hayti 17.6 40 85.3

New Franklin Ditch Hayti, Caruthersville 8.7 40 42.2

Ditch No 2 Hayti 6.7 40 32.5

Ditch 1 Caruthersville, Hayti 4.9 40 23.8

Ditch 6 Caruthersville, Hayti 3.6 40 17.5

Total Mileage 172.5 836.6 Total Acreage

BID SCHEDULE OF PRICES (PAGE 5 OF 5)

OPTION YEAR FOUR REQUIREMENT

U/M U/P Amount

4001 Aerial Brushkill Svcs - Option Year 4 (9/1/2024 – 10/31/2024)

Map(s) Mileage Spray width (ft) Acreage Notes for

Spraying

Elk Chute Ditch Kennett, Hayti, Manila 16 40 77.6

Ditch 81 (Big Lake Control Struct to Ditch 81 Control Struct)

Manila 11 40 53.3

Ditch 81 (HWY 412 to Big Lake Control Struct)

Kennett, Hayti 20 40 97.0

Ditch 66 Hayti, Pascola 21.3 40 103.3

Ditch 293 Pascola 2 40 9.7

Ditch 281 Pascola 1.6 40 7.8

Ditch 9 Pascola 5.3 40 25.7

Belle Fountain System

Belle Fountain Ditch Kennett, Hayti, Manila 6.2 40 30.1

Ditch 9 Hayti 7 40 33.9

Main Ditch Hayti 17.6 40 85.3

New Franklin Ditch Hayti, Caruthersville 8.7 40 42.2

Ditch No 2 Hayti 6.7 40 32.5

Ditch 1 Caruthersville, Hayti 4.9 40 23.8

Ditch 6 Caruthersville, Hayti 3.6 40 17.5

Total Mileage 172.5 836.6 Total Acreage

TOTAL COST FOR ALL OPTION YEARS : __________________

PERFORMANCE WORK STATEMENT

Contractor shall review the Performance Work Statement (PWS) for full details.

Contractor shall provide supply/material/service to include any combination of the following, in order to fulfill services as indicated in PWS.

Services are required within a week after award or sooner.

1. WORK TO BE DONE. The work to be done under these specifications consists of furnishing all plant, labor, equipment, materials and chemicals, and performing all operations necessary for the accomplishment of the required kill of tree, brush and aquatic plant growth by the application of a herbicide by helicopter, in the general areas indicated on the map at the end of SECTION E. The areas to be treated will be clearly identified by the Contracting Officer (CO) or the Contracting Officer’s Representative (COR) at the time of contract issuance.

2. CONTRACTOR REQUIREMENTS.

a. Contractors shall be properly bonded and licensed in the aerial application and use of herbicides in the states of Arkansas and Missouri for duration of contract;

b. Contractors shall indemnify and hold harmless the Federal Government and defend against any claims for damages caused by application of herbicides.

3. AREAS TO BE TREATED.

a. To avoid damage to crops adjacent to treated areas, no areas will be sprayed no earlier than 1

September without prior written approval by the COR. All areas specified in contract must be treated by 15 October or the first killing frost, whichever occurs first. (Timeframe will be discussed at preconference).

b. The Contractor shall apply aerial brush control to the areas specified in the contract. The areas shall be within the limits of the Memphis District identified on the Memphis District map included. (Map will be provided at preconference)

E. This area consists of the following states and counties:

(1) Missouri: Dunklin, New Madrid, Pemiscot, Stoddard

(2) Arkansas: Mississippi

4. MATERIALS.

a. General. The Contractor shall provide the herbicides, surfactant and method of application, which shall be approved by the Corps of Engineers, and shall comply with Federal, State and local laws and regulations. Extreme care shall always be exercised in the transportation, storage, handling, mixing, and usage of herbicides to prevent damage to property, animals, crops, tree, and brush growth which are not to be treated. The contractor shall dispose of herbicide and surfactant containers as prescribed by the manufacturer’s label on the chemical containers, and in accordance with all applicable Federal, State, and local regulations. Any damage resulting from transportation, storage, handling, mixing, or usage of herbicides and/or surfactants shall be the sole responsibility of the Contractor. No responsibility therewith will be assumed by the government. The Contractor shall have a current herbicide applicators license as specified in the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) or other federal and state statutes, laws, ordinances, guidelines and regulations applicable to the work.

b. Herbicide/Surfactant. All herbicides, herbicide mixtures and surfactants used shall be approved for air application and for use in and around water by the Environmental Protection Agency (EPA).

5. APPLICATION. The herbicide mixture shall be applied in a manner that will result in a minimum of 90 percent kill over the area to be treated.

6. EQUIPMENT. The herbicide will be applied by helicopter.

7. COVERAGE. The coverage limits shall be from the water’s edge to top bank plus any vegetation within the stream.

8. INSPECTION, COMPLETION AND ACCEPTANCE OF WORK.

a. Inspection, completion and acceptance of the aerial brush control application will be based on a Government inspector determining that at least a 90 percent kill has been achieved in the sprayed areas. Inspection of work will be accomplished through aerial videos and work site inspections, and if necessary, random sampling will be performed as described below. Those areas that do not meet the minimum kill requirement shall be resprayed at no additional cost to the Government. Upon respraying, the Government inspector shall determine if the minimum kill requirement has been met.

If the requirement has been met, the COR will accept the brush control areas. Spraying, and respraying if needed, shall be completed prior to killing frost occurring on or about 15 October.

b. Determining Level of Control 9-12 Months after Application.

If the level of control in an area that has been treated is considered questionable, the Government may choose to do random sampling. A representative of the Contractor may accompany the representative of the Contracting Officer to witness the sampling which will be accomplished as follows:

1. Randomly assign plots upon a map to be sampled before entering field. Plot the course/courses to be sampled diagonally across R.O.W. at random angles. At the destination, place a numbered flag pin(s) and turn a radius with a cane pole (11’9 ¼”). Tally live and dead brush in a 360-degree area of pin in a tally book.

2. Alternatively assign “A” for alive and “D” for dead to the stems in the sampling area. Dead

Stems Divided by Total Stems = % of Control over 1/100th Acre.

9. CONTRACTOR’S RESPONSIBILITY. The Contractor shall ensure that his employees strictly comply with all Federal, State and local laws that may apply to operations under this contract. The Contractor assumes full responsibility for any damage or injury done to the property caused by the Contractor or its subcontractors in the course of or as a result of performance of the work under this Contract. Any such damage or injury shall be repaired to the satisfaction of the Contracting Officer at no cost to the Government.

10. SECURITY REQUIREMENTS.

a. No later than 10 days prior to commencement of work under this contract, the Contractor shall submit to the Contracting Officer's Chief of Security, a List of all Personnel, Vehicles and Equipment that may be used during the construction of work under this contract. Contractor personnel using privately owned vehicles will be required to show vehicle registration, valid driver licenses, and proof of automobile liability insurance. The Chief of Security's office is in Room 117 of the Clifford Davis Federal Building, Memphis, Tennessee 38103-1894, Telephone

(901) 544-4007. COLLECT CALLS WILL NOT BE ACCEPTED.

b. All contractors and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

c. The Contractor must pre-screen Candidates using the E-verify Program (http://www.dhs.gov/E-verify) website to meet the established employment requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior 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.

11. OBJECTIONABLE EMPLOYEES. Under this contract, the Contractor shall be required to remove and replace the pilot, or any employee rendering service who, in the opinion of the CO, is objectionable or incompetent.

12. NOTIFICATION OF AREA ENGINEER BEFORE BEGINNING WORK. At least 48 hours before beginning work, the Contractor shall notify the Area Engineer, Mr. Daimon McNew, telephone 573- 333-1043. Collect calls will not be accepted.

http://www.dhs.gov/E-verify) http://www.dhs.gov/E-verify)

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor having a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note:

The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S.

Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5. DELIVERABLE. Anything that can be physically delivered but may include non-physical things such as meeting minutes.

2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.12. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.12. WORK WEEK. Is defined as Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial Off the Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit

The following clauses and provisions are incorporated and will remain in full force in any resultant award. The full text of these clauses can be accessed electronically at website:

http://acquisition.gov.

FAR 52.212-1 Instructions to Offerors – Commercial Items FAR 52.212-2 Evaluation Criteria - Commercial Items:

(a) The Government will award one purchase order from this solicitation to the responsible Vendor whose quote is technically acceptable with the lowest evaluated price, Lowest Price Technically Acceptable (LPTA). The following factors shall be used to evaluate quotes:

1. Technical Capability – is defined as the capability to PROVIDE THE SERVICES as specified in this Solicitation and PWS, and the ability to meet or exceed the specified delivery schedule. To be determined Technically Acceptable offeror shall submit for evaluation the following with their solicitation/quote package:

a. One-page narrative labeled “Capability Statement” describing ability to perform work specified, can include specialized equipment, and any specialized personnel qualifications. Include years of experience of the company, key personnel and crew who will perform the work. Include any other information that will enable the Government to determine the contractors’ capability to provide required services.

b. Provide confirmation of commercial applicator/herbicide licenses or certifications;

provide evidence of proper bond and license in aerial application and use of herbicides in the states of Arkansas and Missouri.

c. Provide identification of active chemical to be used, and certification related to Department of Agriculture approvals for the chemical and amount to be used.

d. Provide verification of pilot & aircraft providing service, and all valid Federal Aviation Administration certificates and licenses to operate.

e. If using a subcontractor, provide name of subcontractor, any subcontractors used in conjunction with this agreement shall be bound to the same requirements placed on the Contractor

2. Satisfactory Past Performance – to demonstrate satisfactory past performance the vendor shall provide documentation of satisfactory performance on past or current contracts (within the past 5 years) of a similar type, size, scope and complexity, as well as, provide two (2) references, including names and contact information of references who can verify their past performance.

It is incumbent upon the vendor to submit sufficient documentation and information for the Government to determine technical acceptability, and satisfactory past performance.

Failure to submit enough information for the government to determine technical acceptability, and satisfactory past performance may be cause for rejection of your quote.

In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror will be evaluated as neutral on Past Performance, providing the vendor supplies a certified statement with their offer that no past performance information is available.

http://acquisition.gov/

3. Price - The Government may reject any proposal that is determined by the Contracting Officer to be unbalanced, not Fair and Reasonable, or otherwise deemed to reflect an inherent lack of competence or failure to comprehend the requirements

4. Exchanges with Vendors after Receipt of Quotes:

Contractors may be asked to clarify certain aspects of their quote. Clarification conducted to resolve minor or clerical errors will not constitute discussions and the Contracting Officer reserves the right to award a contract without the opportunity for revision. The Government intends to award a contract without discussions with respective contractors.

The Government, however, reserves the right to conduct discussions if deemed in its best interest.

Clauses and Provisions Continued:

FAR 52.202-1 Definitions FAR 52.203-3 Gratuities FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights 52.203-18 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements--Representation FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements FAR 52.204-4 Printed or Copies Double-Sided on Postconsumer Fiber Content Paper FAR 52.204-7 System for Award Management FAR 52.204-13 System for Award Management Maintenance FAR 52.204-16 Commercial and Government Entity Code Reporting FAR 52.204-17 Ownership or Control of Offeror FAR 52.204-18 Commercial and Government Entity Code Maintenance FAR 52.204-19 Incorporation by Reference of Representations and Certifications FAR 52.204-22 Alternative Line Proposal FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment FAR 52.204-26 Covered Telecommunications Equipment or Services—Representation FAR 52.209-7 Information Regarding Responsibility Matters FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law FAR 52.212-1 Instructions to Offerors—Commercial Items FAR 52.212-2 Evaluation – Commercial Items ((See Notice to Offeror) FAR 52.212-3 Offeror Representation and Certifications--Commercial Items (See Notice to Offeror) FAR 52.212-4 Contract Terms and Conditions—Commercial Items FAR 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders— Commercial Items (See Full Details Below)

FAR 52.217-5 Evaluation of Options FAR 52.217-8 Option to Extend Services FAR 52.217-9 Option to Extend the Term of the Contract FAR 52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION 2020-O0008) FAR 52.223-6 Drug-Free Workplace FAR 52.224-1 Privacy Act Notification FAR 52.224-2 Privacy Act FAR 52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications FAR 52.228-5 Insurance - Work on a Government Installation (See Insurance Requirements, page 18) FAR 52.229-3 Federal, State and Local Taxes FAR 52.232-39 Unenforceability of Unauthorized Obligations FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors FAR 52.233-1 Disputes FAR 52.233-4 Applicable Law for Breach of Contract Claim FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation FAR 52.242-13 Bankruptcy FAR 52.244-2 Subcontracts FAR 52.252-2 Clauses to Incorporate by Reference https://www.acquisition.gov/content/regulations FAR 52.253-1 Computer Generated Forms

The following are applicable from 52.212-5:

FAR 52.203-6 Restrictions on Subcontractor Sales to the Government FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards FAR 52.204-14 Service Contract Reporting Requirements FAR 52.209-6 Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment FAR 52.219-8 Utilization of Small Business Concerns FAR 52.219-14 Limitations on Subcontracting FAR 52.219-28 Post Award Small Business Program Representation FAR 52.222-3 Convict Labor FAR 52.222-21 Prohibition of Segregated Facilities FAR 52.222-26 Equal Opportunity FAR 52.222-35 Equal Opportunity for Veterans FAR 52.222-36 Equal Opportunity for Workers with Disabilities FAR 52.222-37 Employment Reports on Veterans FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act FAR 52.222-41 Service Contract Labor Standards FAR 52.222-42 Statement of Equivalent Rates for Federal Hires FAR 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) FAR 52.222-50 Combating Trafficking in Persons FAR 52.222-54 Employment Eligibility Verification FAR 52.222-55 Minimum Wages Under Executive Order 13658 FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving FAR 52.225-13 Restrictions on Certain Foreign Purchases FAR 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (SAM) https://www.acquisition.gov/content/regulations

The following DFARS Clauses and provisions are incorporated and will remain in full force in any resultant award. The full text of these clauses and provisions can be accessed electronically at website, https://www.acquisition.gov/content/regulations

DFARS 252.201-7000 Contracting Officer's Representative DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials DFARS 252.204-7003 Control of Government Personnel Work Product DFARS 252.204-7004 System for Award Management, Alternate A DFARS 252.204-7007 Alternate A, Annual Representations and Certifications DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting DFARS 252.204-7015 Notice of Authorized Disclosure of Information to Litigation Support Contractors DFARS 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials DFARS 252.223-7008 Prohibition of Hexavalent Chromium DFARS 252.225-7001 Buy American and Balance of Payments Program DFARS 252.225-7002 Qualifying Country Sources as Subcontractors DFARS 252.225-7012 Preference for Certain Domestic Commodities DFARS 252.232-7003 Electronic Submission of Payment Requests DFARS 252.225-7048 Export-Controlled Items DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DFARS 252.232-7010 Levies on Contract Payments DFARS 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel DFARS 252.243-7001 Pricing of Contract Modifications DFARS 252.243-7002 Requests for Equitable Adjustment DFARS 252.244-7000 Subcontracts for Commercial Items DFARS 252.247-7023 Transportation of Supplies by Sea

INSURANCE REQUIREMENTS

REQUIRED INSURANCE

(a) As required by the Contract Clause entitled “Insurance—Work on a Government Installation”, the Contractor obtain insurance prior to the commencement of work, a certificate or written statement as evidence of the minimum insurance listed below. The Contractor shall procure and maintain such types and amounts of insurance during the entire period of his performance under this contract. The Contractor shall assure that the certificate or written statement is in accordance with required wording indicated in paragraph (b) of the aforementioned Contract Clause.

(1) Workmen’s Compensation – Amounts required by applicable jurisdictional statutes.

(2) Employer’s Liability Insurance -- $100,000.00

(3) Comprehensive General Liability Insurance – (No property damage liability insurance is required.)

Bodily Injury -- $500,000 per occurrence

(4) Comprehensive Automobile Insurance – https://www.acquisition.gov/content/regulations

Bodily Injury -- $200,000 each person, $500,000 each accident Property Damage -- $20,000 each accident

5) Aircraft Public and Passenger Liability Insurance –

Bodily Injury -- $200,000 each person $500,000 each accident

Property Damage -- $200,000 each accident

Passenger Liability -- $200,000 multiplied by number of seats or passengers, whichever greater

(b) Certificates of insurance should be submitted to the following address:

Contracting Division Memphis District, Corps of Engineers ATTN: Valerie Marshall, RM 665 167 North Main Memphis, TN 38103

Wage Determination 1995-0222 Revision 51, dated 02/26/2020