Combined Synopsis and Solicitation - W912P921R0052.pdf

US Army Corps of Engineers St. Louis District

Sewage Line Inspections & Repairs Carlyle Lake

Carlyle Lake Project Office 801 Lake Rd.

Carlyle, IL 92231

COMBINED SYNOPSIS & SOLICITATION

W912P921R0052

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, "Streamlined Procedures for Evaluation and Solicitation for Commercial Items," 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.

Solicitation Number: W912P921R0052

This solicitation is issued as a Request for Quotation.

The solicitation document and incorporated provisions and clauses are those in effect through the date of posting.

This solicitation is set-aside for total small businesses associated with North American Industrial Classifications System (NAICS) code 237110, size standard $39,500,000.

Please provide a completed copy of the provision at 52.212-3, Offeror Representations and Certifications

– Commercial Items with your offer.

Bid Schedule: Please complete Solicitation pages 17-21 with both Unit Prices and Amount (total prices) for all Item Nos.

CAGE Code: ______________________

DUNS Code: ______________________

Offeror Name: ___________________________________________________________

Offeror Signature: ________________________________________________________

Date of Offer: ______________________

Submit offer no later than 10:00am CST, 20 September 2021 to Whitney Dee, Contract Specialist, via email at whitney.r.dee@usace.army.mil.

Section SF 1449 - CONTINUATION SHEET

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

Inspection, Sealing, and Maintenance of Sanitary Manholes Carlyle Lake, Illinois

Part 1

General Information

1. GENERAL: This is a non-personnel services contract to provide all supplies, tools, labor, and materials to perform smoke test inspection, clean and repair and seal approximately 24,650 linear feet of 8” PVC sewer line at Carlyle Lake, located in Clinton County Illinois. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform sewer pipe maintenance, sealing, and repair at Carlyle Lake as defined in this Performance Work Statement, except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2 Background: The previous requirement was solicited as Invitation for Bid (IFB) IAW FAR 14 Sealed Bidding 100% small business set-aside.

1.3 Objectives: The Contractor shall provide non-personal services, to include all personnel, equipment, labor, and materials used to inspect, seal and repair approximately 24,650 linear feet of sewer line at Carlyle Lake. Areas maps and workloads depicting the service described in this PWS are identified in the Appendices. The Contractor’s performance will be based on the Contracting Officer’s Representative (COR), and Contracting Officer’s (KO) evaluation of the results required by the Service Summary (SS) and not the method of performance. The evaluation of results will be based on COR surveillance, tenant satisfaction, and customer complaints. Final results of the evaluations will be the determining factor for the success or failure of this contract. The Contractor shall comply with applicable federal, regional, state, and local laws and commercial standards.

1.4 Scope: The Contractor shall provide non-personal services, to include all personnel, equipment, labor, and materials used to inspect, seal and repair approximately 24,650 linear feet of sewer line at Carlyle Lake. The Contractor shall verify the condition of the sewer line via smoke testing. Once smoke testing is completed in all areas, the contractor shall conduct a thorough cleaning / camera investigation to document the condition of the sewer line and identify all areas needing repaired. The contractor shall then be responsible for sealing all leaks and/or areas with evidence of leaks (deposits or staining) documented in the camera investigation with the installation of a resin impregnated flexible tube, which is tightly formed to the original conduit. Resin shall be cured using either hot water under hydrostatic pressure or steam pressure within the tube. The Cured-In-Place Pipe (CIPP) shall be continuous and tight fitting. After the repairing and sealing of the sewer lines, the Contractor shall perform and submit a thorough camera inspection to document the results and condition of the rehabilitated structures.

1.5 Period of Performance: The period of performance shall be 1 October 2021- 30 September 2022.

1.6 General Information

1.6.1 Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. The QCP is to be delivered prior to commencing work, at the prework conference. After acceptance of the quality control plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system.

1.6.2 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.3 Recognized Holidays:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

1.6.4 Hours of Operation: The contractor is responsible for conducting business, between the hours of 7:00 a.m.- 4:00 p.m. Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.5 Place of Performance: The work to be performed under this contract will be performed at Carlyle Lake.

1.6.6 Type of Contract: The government will award a Firmed Fix Price contract.

1.6.7 Security Requirements: The Contractor shall be responsible for safeguarding all government equipment, information, and property. At the close of each workday, government facilities, equipment, and materials shall be secured.

1.6.8 Special Qualifications: The contractor shall provide the name and telephone number of the Contractor’s on-site contract manager and alternate responsible for all requirements in the PWS.

1.6.9 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced.

Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.6.10 Contracting Officer Representative (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract:

perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially regarding changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.11 Key Personnel: The follow personnel are considered key personnel by the government: Jason Selle, Civil Engineering Technician, Carlyle Lake/Kaskaskia River Project Office. Alternate Contracting Officer Representative

(ACOR) – Jody Harris, Park Ranger, Carlyle Lake/Kaskaskia River Project Office. Alan Willingham, Contracting Officer and Whitney Dee, Contracting Specialist. The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between [7:00 a.m.- 4:00 p.m.], Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons.

1.6.12 SAFETY REQUIREMENTS AND REPORTS

The contractor shall perform all work and ensure all equipment used in performance of the contract shall conform with the safety requirements set forth in Corps of Engineers Manual EM 385-1-1 entitled, “Safety and Health Requirements Manual” 30 November 2014, and supplements there to, copies of which are available online at http://www.usace.army.mil/SafetyandOccupationalHealth/SafetyandHealthRequirementsManual.aspx.

Tractors/Mowers shall not be operated in excess of 5mph in open areas or 4mph adjacent to structures, including but not limited to camp pads, picnic sites, buildings, etc.

OSHA Safety and Health Requirements. Provide a verbal report to the COR and the KO as soon as possible of each occurrence of damage to Government property or an accident resulting in death, injury, occupational disease, or adverse environmental impact. Provide a completed copy of required Accident Investigation Reports to the CO within five calendar days of each occurrence.

1.6.13 SUSTAINABILITY

Bio-based The United States Department of Agriculture (USDA) designates certain biobased products for federal procurement and specifies minimum biobased content levels for those products. Any designated product that is being offered or supplied under this contract shall meet USDA BioPreferred’s minimum biobased content level. Visit the BioPreferred web site for the complete list of designated products and the associated minimum biobased content level requirements.

1.6.14 SCHEDULES

The contractor shall submit a schedule for all services described in this PWS and Appendices to the COR and KO for review at the post-award conference and at each option year. The schedule may be submitted electronically using a file format compatible with Government software programs such as "Microsoft Office" software.

1.6.15 SCHEDULE CHANGES

Occurrence based (non-permanent and no more than once a month) schedule changes due to customer requests or government need shall be supported by the contractor. The COR will request the changes to the contractor 10 days before the schedule change take place for improved grounds mowing only at no additional cost to the government.

1.6.16 MANPOWER REPORTING

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the United States Army Corp of Engineers (USACE) via a secure data collection site. The contractor is required to completely fill in all required data fields at http://www.ecmra.mil.

Reporting inputs will be for the labor executed during the period of performance for each Government fiscal year (FY), which runs 1 October through 30 September. While inputs may be reported any time during the FY, all data shall be reported no later than 31 October of each calendar year. The contractor may direct questions to the CMRA help desk.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor awarded 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. ALTERNATE CONTRACTING OFFICER’S REPRESENTATIVE (ACOR). An employee of the U.S.

Government appointed by the contracting officer to administer the contract in the absence of the COR or alongside the COR as directed by the KO. 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.

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

2.1.6. DELIVERABLE. Anything that can be physically delivered but may include non-manufactured things such as meeting minutes or reports.

2.1.7. 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.

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

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

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

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

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

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

2.1.12. WORK WEEK. 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

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1 Utilities: The Government will furnish electricity, water, and sewage as necessary for accomplishment of work in accordance with this contract. All facilities do not receive the same utility services. The Contractor shall not change or modify any utility system or component; or connect any Contractor property, equipment or system without prior KO review and approval. The contractor shall practice energy conservation in the Government provided facilities.

3.2 Equipment: Not Applicable.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The Contractor shall furnish all supplies, equipment, facilities, and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.2 Materials: The Contractor shall provide all materials, supplies, and equipment necessary to meet the requirements IAW (In accordance with) this PWS.

4.3. Equipment: The Contractor shall provide any/all equipment required to meet the requirements IAW this PWS.

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services. The contractor shall provide services for inspection and sealing of sanitary sewer for Carlyle Lake.

5.2 The Contractor shall verify the condition of the sewer line via smoke testing. Once smoke testing is completed in all areas, the contractor shall conduct a thorough cleaning / camera investigation to document the condition of the sewer line and identify all areas needing repaired. The contractor shall then be responsible for sealing all leaks and/or areas with evidence of leaks (deposits or staining) documented in the camera investigation with the installation of a resin impregnated flexible tube, which is tightly formed to the original conduit. Resin shall be cured using either hot water under hydrostatic pressure or steam pressure within the tube. The Cured-In-Place Pipe (CIPP) shall be continuous and tight fitting. After the repairing and sealing of the sewer lines, the Contractor shall perform and submit a thorough camera inspection to document the results and condition of the rehabilitated structures.

5.3 CONTRACTOR MANAGEMENT REPORTING (CMR) Contractor Manpower Reporting. Cost for Providing Accounting for Contract Services, Accounting for Contract Services Requirement, is included herein; the contractor is required to provide data on contractor manpower (including subcontractor manpower) for performance of this contract, in accordance with local clause ACCOUNTING FOR CONTRACT SERVICES REQUIREMENT – ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION (CMRA) Instructions, including the Contractor and Subcontractor User Guides, are available at the website at: https://sam.gov For further assistance, email the CMRA Help Desk at contractormanpower@hqda.army.mil

Service Contractor reporting.pdf

5.4 PAYMENT SCHEDULE: Payments will be made on a monthly basis. The Contractor shall provide monthly invoices in accordance with FAR 32.905(b). Electronic invoice submissions must be created in black and white and in Adobe’s Portable Document Format (PDF) and comply with the requirements specified within this contract. At a minimum, invoices will contain the following elements:

- Name and address of the Contractor (Note: Differences between the remittance address on the invoice and the data on record in the System for Award Management (SAM) can potentially cause delays in payment. Please verify these data agree exactly.)

- Invoice date and number

- Entire Contract number, contract line item number, the order number and modification number as applicable.

- Description, quantity, unit of measure, unit price and extended price of the item delivered. Item description must match those contained in the purchase order/contract description.

- Delivery tracking information to include tracking number and name of the person accepting delivery.

- In cases where there is no physical delivery, please include all email correspondence to the electronic delivery POC (the customer) when the product becomes available for download or is renewed in accordance with the statement of work. Read receipts may help substantiate electronic delivery.

- Name and address of official to whom payment will be sent

- Period of performance covered by the invoice

Release of Claims: A Release of Claims shall accompany a final invoice. The Release of Claims shall be signed, include the final Purchase Order/Contract/Task Order amount. The Release of Claims template is attached and is available upon request from the COR.

PAYMENT TERMS: We utilize FAR 52.232-1 Payment, The Government shall pay the Contractor, upon the submission of proper invoices or vouchers, the prices stipulated in this contract for services rendered and accepted.

NOTE - QUANTITY: The quantity shown is an estimate that is not to be exceeded without prior approval in the form of a contract modification from the Contracting Officer. The Contracting Officer may modify the estimated quantity up to 30% above or below the quantity shown and still be considered within the scope of the contract. The exact quantity shown is not guaranteed; any unused quantities may be removed by contract modification at the end of the date range covered by the contract. The Government pays only for the actual quantities ordered by contract modification and received

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

6.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures.

MANUFACTURER'S RECOMMENDATIONS:

-For equipment and materials used by the Contractor -Manuals shall be supplied for Government Furnished Equipment -Operating/Maintenance Manuals

INDUSTRIAL STANDARDS AND CODES (Latest Editions):

-Standard Specifications for Road and Bridge Construction, Illinois Department of Transportation -American National Standards Institute -EM 383-1-1, General Safety and Health Manual of the US Army Corps of Engineers -Forestry Handbook, Second Edition, Section 16 -American Association of Nurseryman, Inc.

-OSHA Safety Standards

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. Attachment/Technical Exhibit List:

7.1. Attachment 1/Technical Exhibit 1 – Performance Requirements Summary

7.2. Attachment 2/Technical Exhibit 2 – Deliverables Schedule

7.3 Attachment 3/Technical Exhibit 3 – Estimated Workload Data

TECHNICAL EXHIBIT 1

Performance Requirements Summary

Performance Objective

Standard Performance Threshold

Method of Surveillance

PRS # 1. Smoke Testing The Contractor shall provide the results of a comprehensive sewer line smoke testing.

PWS. Para. 5.2

No more than one (1) valid defect.

100% Inspection

PRS # 2 Sealing and Repair The Contractor shall provide the equipment, labor, and materials to perform sealing and repair of damaged sewer line.

PWS. Para. 5.2

No more than two (2) discrepancies of the following per year.

Random Sample

PRS # 3 Camera Inspection The Contractor shall provide the results of a comprehensive camera inspection of the sewer pipe prior to completing work, and then after repair to document the condition of rehabilitated structures.

Technical Exhibit 2 discrepancies of the following per year.

100% inspection

PRS # 4 Deliverables Complete, accurate, and timely IAW Timeliness/ Schedule: turned in within specified time.

Technical Exhibit 2 discrepancies of the following per year.

100% inspection

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

Deliverable Frequency # of Copies Medium/Format Submit To Invoices Monthly

One (1) copy

MS Word, Times New Roman, 12-point font, PDF.

COR

Quality Control Plan Prior to commencing work.

Two (2) copies MS Word, Times New Roman, 12-point font, PDF.

COR & KO

Inspection Reports Daily when work is being completed

One (1) copy MS Word, Times New Roman, 12-point font, PDF.

COR

OSHA Safety Date Sheet

Prior to commencing work

One (1) copy MS Word, Times New Roman, 12-point font, PDF.

COR

Results of Final Camera Testing

Following the repair of sewer ling

One (1) copy Photo or camera copies

COR

TECHNICAL EXHIBIT 3

ESTIMATED WORKLOAD DATA BASE YEAR:

ITEM

NAME

ESTIMATED QUANTITY

0001 Smoke Testing per liner foot 24,650

0002 Camera Inspection per liner foot 24,650

Repair of damaged sewer areas including lines, joints, and connections per liner foot 24,650

0004 Single-point repair per liner foot 24,650

0005 Complete line section replacement per liner foot 24,650

ESTIMATED WORKLOAD DATA OPTION ONE:

ITEM

NAME

ESTIMATED QUANTITY

1001 Smoke Testing per liner foot 24,650

1002 Camera Inspection per liner foot 24,650

Repair of damaged sewer areas including lines, joints, and connections per liner foot 24,650

1004 Single-point repair per liner foot 24,650

1005 Complete line section replacement per liner foot 24,650

OPTIONAL BID ITEMS.

Bid Item No. 0003, 0004, 0005 and 1001, 1002, 1003, 1004, and 1005 are OPTIONAL ITEMS. Upon the review of inspection at the site, the Contracting Officer, in accordance with the specifications and drawings, will direct the optional bid item work as needed. The Contractor shall perform the appropriate work ONLY when directed by the Contracting Officer. The Government is not obligated to request any work under any optional item(s). The bid prices for each optional item shall represent your firm price to perform that service. Payment will be made ONLY for work actually requested and performed to the Government’s satisfaction.

EXECUTION OF OPTIONS

The Government may require the performance of CLINs 0003, 0004, 0005, 1001, 1002, 1003, 1004, 1005 (Option) within the limits and at the rates specified in this task order. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The Contracting Officer may exercise the option by written notice to the Contractor at any time within the Period of Performance of this task order, and with a 14-day notice to the contractor if the Government intends to exercise the option.

Option prices will be evaluated at the time of award of this task order, and will not be re-negotiated if, and when, the option is exercised.

(End of condition)

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 24,650 Linear

Foot

Smoke Testing

FFP

BASE YEAR

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

PSC CD: Z2ND

NET AMT

0002 24,650 Linear

Camera Inspection

BASE YEAR

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

0003 24,650 Linear

OPTION Repair of Damaged Sewer Areas including lines, joints, and connections

BASE YEAR

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

0004 24,650 Linear

OPTION Single-Point Repair

BASE YEAR

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

0005 24,650 Linear

OPTION Complete Line Section Replacement

BASE YEAR

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

1001 24,650 Linear

OPTION Smoke Testing

OPTION YEAR ONE

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

1002 24,650 Linear

OPTION Camera Inspection

OPTION YEAR ONE

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

1003 24,650 Linear

OPTION Repair of Damaged Sewer Areas

Including lines, joints, and connections

OPTION YEAR ONE

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

1004 24,650 Linear

OPTION Single-Point Repair

OPTION YEAR ONE

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

1005 24,650 Linear

OPTION Complete Line Section Replacement

OPTION YEAR ONE

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government

0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0005 N/A N/A N/A Government 1001 N/A N/A N/A Government 1002 N/A N/A N/A Government 1003 N/A N/A N/A Government 1004 N/A N/A N/A Government 1005 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-OCT-2021 TO

30-SEP-2022

N/A CARLYLE LAKE / KASKASKIA NAV PROJ

HANNAH KAMPWERTH

US ARMY ENGR DIST ST LOUIS

801 LAKE ROAD

CARLYLE IL 62231-1267

618-594-2484 (6116)

965110

0002 POP 01-OCT-2021 TO

30-SEP-2022

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-OCT-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-OCT-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 01-OCT-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-OCT-2022 TO

30-SEP-2023

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-OCT-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-OCT-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 01-OCT-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

1005 POP 01-OCT-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-20 Predecessor of Offeror AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

OCT 2020

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

AUG 2020

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

52.212-1 Instructions to Offerors--Commercial Items JUL 2021 52.212-2 Evaluation - Commercial Items OCT 2014 52.212-3 Offeror Representations and Certifications--Commercial

Items

FEB 2021

52.212-5 (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Deviation 2018-O0021)

JUL 2021

52.217-5 Evaluation Of Options JUL 1990 52.217-9 Option To Extend The Term Of The Contract MAR 2000 52.219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns

MAR 2020

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-14 (Dev) Limitations on Subcontracting (DEVIATION 2020-O0008) MAR 2020 52.219-28 Post-Award Small Business Program Rerepresentation NOV 2020 52.222-41 Service Contract Labor Standards AUG 2018 52.222-42 Statement Of Equivalent Rates For Federal Hires MAY 2014 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

52.223-1 Biobased Product Certification MAY 2012 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.246-4 Inspection Of Services--Fixed Price AUG 1996

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.211-7003 Item Unique Identification and Valuation MAR 2016 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and

(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) Reserved.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.

1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement.