Combination Synopsis Solicitation - W9127N25QA030.pdf

Request for Quotes (RFQ)

Solicitation Number: W9127N25QA030

Solicitation is issued by:

CONTRACTING DIVISION,

333 SW FIRST AVE PORTLAND, OR 97204-3495

UNITED STATES

PROJECT NAME: Willamette Valley Projects Vegetation Management IDIQ

1. This is a combined synopsis/solicitation commercial services prepared in accordance with the format in Subpart 12.6, and is conducted under the authority of FAR Part 13.5 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.

a. Description of Services: The Contractor shall furnish, all necessary labor, transportation, equipment, materials/supplies, and supervision to perform non-personal vegetation management services in the manner location and frequency set forth in the Performance Work Statement (PWS) and schedules. Work shall be performed in the USACE Willamette Valley and Rogue River Basin.

b. Offerors are advised that this combined synopsis/solicitation serves dual purposes: (1) to establish multiple award IDIQ contracts and (2) to award the initial SEED Task Order under those contracts.

c. Period of Performance (PoP):

The resulting IDIQ contracts will include a five (5) year ordering period, with no option periods. The PoP for each Task Order, including the initial SEED Task Order awarded concurrently with the IDIQ, will be defined at the Task Order Level. This solicitation includes both the overarching IDIQ framework and the SEED Task Order RFP. Only the SEED Task Order will be priced at the time of proposal submission.

2. This solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Regulation (FAR) and Department of Defense FAR Supplement

(DFARS).

a. The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition and a statement regarding any addenda to the provision. Offerors are also required to submit a completed copy of the Request for Quotation and a completed copy of the pricing schedule.

b. Offerors include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items, with its offer.

c. Clause at 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition and a statement regarding any addenda to the clause.

d. Clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or

Executive Orders-Commercial Items, applies to this acquisition and a statement regarding which, if any, of the additional FAR clauses cited in the clause are applicable to the acquisition

3. This acquisition is SET ASIDE 100% for Small Business. All prospective offerors must be registered in the System for Award Management (SAM) at www.sam.gov to be eligible for award.

Lack of active SAM registration will make an offeror ineligible for award.

4. PSC: S208 Housekeeping - Landscaping/Groundskeeping

NAICS CODE: 561730 - Landscaping Services

SIZE STANDARD: $10 Million

5. System for Awards Management (SAM): In accordance with FAR 52.204-7(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

6. Evaluation Information: The Government intends to award a firm fixed price (FFP) Indefinite Delivery/Indefinite Quantities Contract resulting from this RFQ to the responsible offeror whose offer represents the best value by comparative evaluation IAW FAR 13.106- 2(b )(3) in terms of price and past performance. Quotes for this solicitation are due on 2 Jul 25, by 12:00 PM PDT.

The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers.

In accordance with FAR Part 29.3 - State and Local Taxes, and per Title 4 of US Code 104- 07, the Government is exempt from paying state and local taxes.

7. Submittals: Offerors must submit representation and certifications in accordance with the provisions at FAR 52.212-3 Offeror Representation and Certifications - Commercial Item (Accessible at https://www.acquisition.gov) or the vendor may verify their Online Representation and Certification Application (ORCA) is updated in SAM. See Vendor information sheet.

Submit the following as separate PDF files in the response to the RFQ

a. Vendor Information Sheet

b. Price Quotation (CUN Schedules) (See Clause 52.212-2 Evaluation - Commercial (Items)

c. Past Performance NAVFAC/USACE Past Performance Questionnaire (See Clause

52.212-2 Evaluation - Commercial Items). Recent or relevant work is defined as similar work in size and scope within the past five (5) years. The Contracting Officer shall deem an offeror non-responsive if the offeror fails to submit a PPQ IAW 52.212-1 (b)(10) and evaluation criteria in 52.212-2. If for any reason the contractor does NOT have recent or relevant past performance, they are still required to submit a PPQ with a brief narrative explaining, "No Recent or Relevant Past Performance. An Offeror that submits a PPQ that is deemed neither recent nor relevant will be treated as "NEUTRAL".

The solicitation document’s incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-05 Effective date 05/22/2024.

d. Complete and return the provision at 52.204-26

8. Email all quotes to:

joshua.d.mahon@usace.army.mil darrell.d.hutchens@usace.army.mil

INQUIRIES – OFFEROR’S QUESTIONS AND COMMENTS

USE OF BIDDER’S INQUIRY

Prospective offerors shall submit questions and inquiries related to this solicitation in accordance with the following (no other means of questions or inquiries will be answered except through Bidder’s Inquiry):

For information related to amendments, and the dates set for receipt of quotes, please check https:// sam.gov/.

Contractual and Technical inquiries and questions relating to quote procedures are to be submitted via Bidder Inquiry in ProjNet at https://www.projnet.org/.

1. To submit and review bid inquiry items, offerors will need to be a current registered user or self‐ register into the system. To self‐register go to the aforementioned web page and click on the BID tab. Select Bidder Inquiry, select agency USACE, and enter the Bidder Inquiry Key for this solicitation listed below, your e‐mail address, and then click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue.

2. From this page, you may view all bidder inquiries or add an inquiry.

3. Bidders will receive an acknowledgment of their question via e‐mail, followed by an answer to their question after it has been processed.

The Solicitation Number is: W9127N25QA030 The Bidder Inquiry Key is: H25EPY-VN95YC

The Bidder Inquiry System will be unavailable for new inquiries 2:00 PM Pacific Time, 23 Jun 25 in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.

4. Offerors are requested to review the specification in its entirety and review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

5. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800‐428‐HELP.

6. Quotes will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of quotes.

7. Quotes are due no later than due on 2 Jul 25, by 12:00 PM PDT. Offerors are responsible for verifying receipt of their quotes to this office before the offer due date and time. Facsimile (Fax) responses are not accepted.

9. 52.237-1 SITE VIST

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

Quotes received by offerors who have not attended the site visit will not be considered for evaluation.

Prospective offerors/quoters are required to contact the Contract Specialist via email to express their interests by 3:00 PM (PDT} two business days prior to attending the site visit. Site visit attendees must provide the following information the Solicitation Number, Project Title, Name(s) of lndividual(s) who will attend the site visit, Name of Company Represented, Phone

Number of Company being represented. All attendees required to sign attendance sheet.

Address:

Site Visit POC:

Contact Info:

Email:

Conference:

Meeting Place:

Sunnyside Park

44930 Quartzville Dr

Foster, OR 97345

Graham Hilson

(541) 349-3026 graham.p.hilson@usace.army.mil

Joshua D. Mahon 503-808-5014 joshua.d.mahon@usace.army.mil

Thursday, 12 Jun25 @ 10:00 AM PDli

CT POC:

Contact Info:

Email:

AFTER COMPLETION, PLEASE EMAIL TO: joshua.d.mahon@usace.anny.mil. Ensure the former employer references the solicitation number in the email subject line.

ADJECTIVE RATINGS AND DEFINITIONS TO BE USED TO BEST REFLECT

YOUR EV ALUATIONOF THE CONTRACTOR'S PERFORMANCE

RATING DEFINITION NOTE

(E) Exceptional Performance meets contractual An Exceptional rating is appropriate requirements and exceeds many to the when the Contractor successfully

Government/Owner's benefit. The performed multiple significant contractual performance of the element or events that were of benefit to the sub-element being assessed was Government/Owner. A singular accomplished with few minor problems benefit, however, could be of such for which corrective actions taken by the magnitude that it alone constitutes contractor was highly effective. an Exceptional rating. Also, there should have been NO significant weaknesses identified.

(VG) Very Good Performance meets contractual A Very Good rating is appropriate requirements and exceeds many to the when the Contractor successfully

Government/Owner's benefit. The performed a significant event that contractual performance of the element or was a benefit to the sub-element being assessed was Government/Owner. There should accomplished with some minor problems have been no significant weaknesses for which corrective actions taken by the identified.

contractor were effective.

(S) Satisfactory Performance meets contractual A Satisfactory rating is appropriate requirements and exceeds many to the when there were only minor

Government/Owner's benefit. The problems, or major problems that the contractual performance of the element or contractor recovered from without sub-element contains some minor impact to the contract. There should problems for which corrective actions have been NO significant taken by the contractor appear or were weaknesses identified. Per DOD satisfactory. policy, a fundamental principle of assigning ratings is that contractors will not be assessed a rating lower than Satisfactory solely for not performing beyond the requirements of the contract.

Solicitation/Contract Form Continuation

Vegetation Management IDIQ

Cancellation Ceiling

Date and Description

USD 2,500.00

The minimum guarantee provided if any contractor within the established IDIQ does not receive a Task Order prior to the end of the 5 year period.

Product Service Code: S208

W9127N25QA030

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

W9127N25QA030

Item Supplies/Service Estimated

Quantity Unit Unit Price Amount

Specific Tree Removal - Zone #1

Product Service Code: S208 Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Log Material Disposal - Zone #1

Product Service Code: S208 Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Specific Tree Removal - Zone #2

Product Service Code: S208 Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Log Material Disposal - Zone #2

Product Service Code: S208 Pricing Arrangement: Firm Fixed Price

1 Job

Item Supplies/Service Estimated

Quantity Unit Unit Price AmountItem Supplies/Service

Estimated

Quantity Unit Unit Price Amount

0000 Indefinite Delivery/Indefinite Quantity (IDIQ) - Vegetation Management 1 Job

This CLIN represents the IDIQ ordering vehicle under which future task orders will be issued. No Pricing is required or accepted for this line item.

All pricing will be established at the Task Order level.

Product Service Code: S208 Pricing Arrangement: Not Separately Priced

SCHEDULE A - IDIQ Framework (Unpriced)

SCHEDULE B - SEED TASK ORDER (Priced and Evaluated)

Notes:

All SEED Task Order CLINS will be priced at time of proposal. Work shall be performed in accordance with the Performance Work Statement (PWS) for Green Peter Vegetation Management, Linn County, Oregon. Attached as Separate PWS.

Continuation of Description

Requirements Vegetation Management IDIQ

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities.

Dec 2023

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Nov 2021

52.204-27 Prohibition on a ByteDance Covered Application. Jun 2023 52.219-13 Notice of Set-Aside of Orders. Mar 2020 52.219-6 Notice of Total Small Business Set-Aside. Nov 2020 52.222-41 Service Contract Labor Standards. Aug 2018 52.222-50 Combating Trafficking in Persons. Nov 2021 52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. May 2024 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.233-3 Protest after Award. Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.

Jan 2023

252.243-7002 Requests for Equitable Adjustment. Dec 2022 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. May 2024

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

Jan 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region. Jun 2023 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 Products or Commercial Services. Nov 2023

Contract Terms and Conditions Required To Implement Statutes or Executive Orders — Commercial Products and Commercial Services

FAR Clauses Incorporated by Full Text

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Products and Commercial Services.

(DEVIATION 2025-O0003 and 2025-O0004)

(Jan 2025) Deviation 2025-O0004 (Mar 2025)

Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (MAR 2025) (DEVIATION 2025-O0003 and 2025-O0004)

(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 (section 743 of Division E, Title VII, (Jan 2017) 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 Covered Entities (Dec (Section 1634 of Pub. L. 115-91).2023)

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

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (31 U.S.C. 3903 and 10 U.S.C. 3801).(Mar 2023)

(6) 52.233-3, Protest After Award (31 U.S.C. 3553).(Aug 1996)

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).(Oct 2004)

(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

52.203-6, Restrictions on Subcontractor Sales to the Government with (41 U.S.C. 4704 and 10 U.S.C. 4655).X (1) (Jun 2020), Alternate I (Nov 2021)

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

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

52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the (4) (Nov 2023) Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) ( 31 U.S.C. 6101 note).X (5) (Jun 2020)

[Reserved].(6)

52.204-14, Service Contract Reporting Requirements (Pub. L. 111-117, section 743 of Div. C).(7) (Oct 2016)

52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Pub. L. 111-117, section 743 of Div. C).X (8) (Oct 2016)

52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).(9) (Jun 2023)

52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-(10) Agency Contracts. (Pub. L. 115-390, title II).(Dec 2023)

(11)

(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(Dec 2023)

Alternate I of 52.204-30.(ii) (Dec 2023)

X (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. ( 2025) (31 U.S.C. 6101 note).Jan

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (41 U.S.C. 2313).(13) (Oct 2018)

[Reserved].(14)

52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award ( ) (15 U.S.C. 657a).(15) Oct 2022

52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns ( ) (if the offeror elects to waive the preference,(16) Oct 2022 it shall so indicate in its offer) (15 U.S.C. 657a).

[Reserved](17)

(18)

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

Alternate I of 52.219-6.(ii) (Mar 2020)

(19)

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

Alternate I of 52.219-7.(ii) (Mar 2020)

52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)).X (20) ( )Jan 2025

(21)

(i) 52.219-9, Small Business Subcontracting Plan (15 U.S.C. 637(d)(4)).( )Jan 2025

Alternate I of 52.219-9.(ii) (Nov 2016)

Alternate II of 52.219-9.(iii) (Nov 2016)

Alternate III of 52.219-9.(iv) (Jun 2020)

Alternate IV of 52.219-9.(v) ( )Jan 2025

(22)

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

Alternate I of 52.219-13.(ii) (Mar 2020)

52.219-14, Limitations on Subcontracting ( ) (15 U.S.C. 657s).X (23) Oct 2022

52.219-16, Liquidated Damages-Subcontracting Plan (15 U.S.C. 637(d)(4)(F)(i)).(24) (Sep 2021)

52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible(25) Under the SDVOSB Program ( ) (15 U.S.C. 657f).Feb 2024

(26)

X (i) 52.219-28, Small Business Program Rerepresentation (15 U.S.C. 632(a)(2)).Postaward ( )Jan 2025

Alternate I of 52.219-28.(ii) (Mar 2020)

52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns ( )(27) Oct 2022 (15 U.S.C. 637(m)).

52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned(28) Small Business Program ( ) (15 U.S.C. 637(m)).Oct 2022

52.219-32, Orders Issued Directly Under Small Business Reserves (15 U.S.C. 644(r)).(29) (Mar 2020)

52.219-33, Nonmanufacturer Rule (15 U.S.C. 637(a)(17)).(30) (Sep 2021)

52.222-3, Convict Labor (E.O.11755).X (31) (Jun 2003)

(32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (E.O. 13126).(Jan 2025)

[Reserved](33)

[Reserved](34)

(35)

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

Alternate I of 52.222-35.(ii) (Jul 2014)

(36)

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

Alternate I of 52.222-36.(ii) (Jul 2014)

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

52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496).X (38) (Dec 2010)

(39)

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

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

X (40) 52.222-54, Employment Eligibility Verification (Executive Order 12989). (Not applicable to the acquisition of commercially (Jan 2025) available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

(41)

(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.)

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

52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (42 U.S.C. 7671, ).(42) (May 2024) et seq.

52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (42 U.S.C. 7671, ).(43) (May 2024) et seq.

52.223-20, Aerosols (42 U.S.C. 7671, ).(44) (May 2024) et seq.

52.223-21, Foams (42 U.S.C. 7671, ).(45) (May 2024) et seq.

52.223-23, Sustainable Products and Services (MAR 2025) (DEVIATION 2025-O0004)) (7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and (46) 42 U.S.C. 7671l).

(47)

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

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

(48)

X (i) 52.225-1, Buy American-Supplies (41 U.S.C. chapter 83).(Oct 2022)

Alternate I of 52.225-1.(ii) (Oct 2022)

(49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, (NOV 2023) 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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.

Alternate I [Reserved].(ii)

Alternate II of 52.225-3.(iii) (Jan 2025)

Alternate III of 52.225-3.(iv) (Feb 2024)

Alternate IV (Oct 2022) of 52.225-3.(v)

52.225-5, Trade Agreements (19 U.S.C. 2501, ., 19 U.S.C. 3301 note).X (50) (NOV 2023) et seq

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

52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National (52) Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

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

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

52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (E.O. 13513).X (55) (May 2024)

52.229-12, Tax on Certain Foreign Procurements .(56) (Feb 2021)

52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 3805).(57) (Nov 2021)

52.232-30, Installment Payments for Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 3805).(58) (Nov 2021)

52.232-33, Payment by Electronic Funds Transfer-System for Award Management (31 U.S.C. 3332).X (59) (Oct2018)

52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).(60)

52.232-36, Payment by Third Party (31 U.S.C. 3332).(61) (May 2014)

52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).(62) (Aug 1996)

52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (63) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).(Nov 2024)

52.242-5, Payments to Small Business Subcontractors (15 U.S.C. 637(d)(13)).X (64) (Jan 2017)

(65)

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

Alternate I of 52.247-64.(ii) (Apr 2003)

Alternate II of 52.247-64.(iii) (Nov 2021)

(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.

52.222-41, Service Contract Labor Standards (41 U.S.C. chapter67).X (1) (Aug 2018)

52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 and 41 U.S.C. chapter 67).(2) (May 2014)

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

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

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

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

52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(7) (Jan 2022)

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

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

52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (49 U.S.C. 40118(g)).(10) (Jan 2025)

(d) . The Contractor shall comply with the provisions of this paragraph (d) if this contract was awardedComptroller General Examination of Record 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 (41 U.S.C. 3509).(Nov 2021)

(ii) 52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712).(Nov 2023)

(iii) 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)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec (Section 1634 of Pub. L. 115-91).2023)

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

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).(Jun 2023)

(vii)

(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(Dec 2023)

(B) Alternate I of 52.204-30.(Dec 2023)

(viii) 52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting( )Jan 2025 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.

(ix) [Reserved]

(x) [Reserved]

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

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

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

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496). Flow down required in(Dec 2010) accordance with paragraph (f) of FAR clause 52.222-40.

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

(xvi)

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

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

(xvii) 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).

(xviii) 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).

(xix) 52.222-54, Employment Eligibility Verification (E.O. 12989).(Jan 2025)

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(Jan 2022)

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(Jan 2022)

(xxii)

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

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

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Section 862, as amended, of the National (Oct 2016) Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

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

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).(Nov 2024)

(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down (Nov 2021) 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)

Addendum to Contract Clauses

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.228-5 Insurance-Work on a Government Installation. Jan 1997 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.244-6 Subcontracts for Commercial Products and Commercial Services. Jan 2025 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. Jun 2020 52.232-11 Extras. Apr 1984 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.217-2 Cancellation Under Multi-year Contracts. Oct 1997 52.223-5 Pollution Prevention and Right-to-Know Information. May 2024

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.243-7001 Pricing of Contract Modifications. Dec 1991 252.201-7000 Contracting Officer's Representative. Dec 1991 252.222-7002 Compliance with Local Labor Laws (Overseas). Jun 1997 252.233-7001 Choice of Law (Overseas). Jun 1997 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023

FAR Clauses Incorporated by Full Text

52.211-16 Variation in Quantity. (Apr 1984)

Variation in Quantity (Apr 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.

(b) The permissible variation shall be limited to:

15 Percent increase

15 Percent decrease

This increase or decrease shall apply to Each quantity specified in the delivery schedule

(End of clause)

52.232-1 Payments. (Apr 1984)

Payments (Apr 1984)

The Government shall pay the Contractor, upon the submission of proper invoices or vouchers, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract. Unless otherwise specified in this contract, payment shall be made on partial deliveries accepted by the Government if-

(a) The amount due on the deliveries warrants it; or

(b) The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50 percent of the total contract price.

(End of clause)

52.252-2 Clauses Incorporated by Reference. (Feb 1998)

Clauses Incorporated By Reference (Feb 1998)

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

https://acquisition.gov

(End of clause)

52.216-19 Order Limitations. (Oct 1995)

Order Limitations (Oct 1995)

. When the Government requires supplies or services covered by this contract in an amount of less than , the Government(a) Minimum order $2,500.00 is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

Any order for a single item in excess of ;(1) $250,000.00

Any order for a combination of items in excess of ; or(2) $250,000.00

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

If this is a requirements contract ( includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the(c) i.e., 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.

Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in(d) paragraph (b), unless that order (or orders) is returned to the ordering office within 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)

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 07/24/2030.

(End of clause)

52.216-32 Task-Order and Delivery-Order Ombudsman. (Sep 2019)

W9127N25QA030

g2ct9jdm Highlight

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract.

Colonel Richard Pfeiffer Office: 202- 767-4707 Mobile: 202-924-5481 richard.h.pfeiffer@usace.army.mil

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution.

When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

(End of clause)

52.216-18 Ordering. (Aug 2020)

Ordering (Aug 2020)

(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 Schedule. Such orders may be issued from 07/25/2025 through 07/24/2030.

(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) A delivery order or task order is considered "issued" when-

If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;(1)

If sent by fax, the Government transmits the order to the Contractor's fax number; or(2)

If sent electronically, the Government either-(3)

Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or(i)

Distributes the delivery order or task order via email to the Contractor's email address.(ii)

Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.(d)

(End of clause)

W9127N25QA030

Task-Order and Delivery-Order Ombudsman (Sept 2019)

Solicitation Provisions

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.212-1 Instructions to Offerors-Commercial Products and Commercial Services. Sep 2023 52.204-16 Commercial and Government Entity Code Reporting. Aug 2020

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

Nov 2021

52.204-7 System for Award Management. Nov 2024

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

May 2019

252.203-7005 Representation Relating to Compensation of Former DoD Officials. Sep 2022 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. Oct 2016

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

May 2021

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.204-7024 Notice on the Use of the Supplier Performance Risk System. Mar 2023 252.225-7055 Representation Regarding Business Operations with the Maduro Regime. May 2022

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region- Representation.

Jun 2023

Addendum to 52.212-1, Instructions to Offerors - Commercial Products and Commercial Services

FAR Provision 52.212-1Instructions to Offerors--Commercial Products and Commercial Services (MAR 2023)- ADDENDUM

Quotes shall include the following:

1. Name / Date: __________________________________________________________________

2. Email Address / Telephone No.: ___________________________________________________

3. Cage Code & UEI (both from SAM): ____________________________________________

Provide a technical description of the services being offered in sufficient detail to evaluate compliance with the requirements in the Performance Work Statement, to include product literature and other information as needed.

Submissions: Quotes are due no later than 2 Jul 25, by 12:00 PM PDT. Offerors are responsible for verifying receipt of their quotes to this office before the offer due date and time. Facsimile (Fax) responses are not accepted. If you have any questions or concerns, you may contact Joshua Mahon by email at joshua.d.mahon@usace.army.mil.

Quotes must be emailed to:

Joshua.d.mahon@usace.army.mil&

Darrell.d.hutchens@usace.army.mil

Upon award and satisfactory completion of delivery and installation, payment will be made through:

USACE, Finance Center

5722 Integrity Drive

Millington, TN 38054-5005 cefc-g2invoices@usace.army.mil

901-873-9236

With an electronic copy submitted to a POC to be specified at the time of award.

ADDITIONAL INFORMATION FOR YOUR USE:

System for Award Management (SAM) IMPORTANT!

______Registration is required in the System for Award Management (SAM) prior toaward, pursuant to applicable regulations and guidelines. Registration informationcan be found at www.sam.gov.

Registration is necessary in order for the Government (Corps ofEngineers) to award a contract and do business with a contractor.

**SAM NOTARIZED LETTER PROCEDURES: An original, signed, andnotarized letter identifying the authorized Entity Administrator for the entityassociated with the Data Universal

Numbering System (DUNS) number is now required before a NEWSAM.gov entity registration is activated or an EXISTING entity is updated or renewed. Thenotarized letters MUST BE

POSTAL SERVICE MAILED (not emailed or faxed) to the "FEDERALSERVICE DESK" and must contain the information outlined in the "instructionsfor domestic entities" or "instructions for international entities" located athttps://www.gsa.gov/about-us/organization/federal-acquisitionservice/ office-of-systems-management/integrated-award-environment-iae/sam-update.Templates for appointing an Entity Administrator are included within therespective instructions.**

(End of provision)

Evaluation - Commercial Products and Commercial Services

FAR Clauses Incorporated by Full Text

52.212-2 Evaluation-Commercial Products and Commercial Services. (Tailored) (Nov 2021)

Evaluation-Commercial Products and Commercial Services (Nov 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Offers will be evaluated by performing a comparative evaluation in accordance with FAR 13.106-2(b)(3) to determine which response represents the "best" as a whole. Comparative Evaluations is the act of comparing two or more offerors in response to the RFQ.

Quotes shall be evaluated to ensure all RFQ submission requirements are met. Quotes shall be evaluated by performing a direct comparison with the solicitation to determine which provides the government what is needed, as identified in the RFQ. If the RFQ submission requirements have not been met, the Contracting Officer shall deem the offeror not acceptable.

The following factors shall be used to evaluate offers:

Factor 1: Price

Prices will be evaluated for fairness and reasonableness through a price analysis that compares the offered prices against each other and the independent government estimate. Award shall not be made to an offeror's quote for goods or services, that is found to be unbalanced and /or unreasonably low or high.

Factor 2: Past performance

Past Performance Questionnaire (PPQ) forms provided in the solicitation shall be completed and submitted as specified in the Instructions to Offerors.

They will be evaluated to assess the degree of confidence the Government has in an Offeror's ability to supply products and services that meet users' needs based on a demonstrated record of recent and relevant work similar to the work described in this solicitation. Recent or relevant work is defined as similar work in size and scope within the past five (5) years. The Contracting Officer shall deem an offeror non-responsive if the offeror fails to submit a PPQ IAW 52.212-1(b)(10) and evaluation criteria in 52.212-2. If for any reason the contractor does NOT have recent or relevant past performance, they are still required to submit a PPQ with a brief narrative explaining, "No Recent or Relevant Past Performance. An Offeror that submits a PPQ that is deemed neither recent nor relevant will be treated as "NEUTRAL". The offeror must submit a PPQ with a Neutral or higher rating to be deemed eligible for award.

The Government reserves the right to evaluate past performance based on such information as the contracting officer's knowledge and previous experience with the item or service being purchased, customer surveys, or other reasonable basis, without the existence of a formal database.

(b)Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s)

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.