Combined Synopsis Solicitation_W912BU25R0021.pdf

COMBINED SYNPOSIS/SOLICITATION

W912BU-25-R-0021

FE Walter Dam Tar and Chip Roadways U.S. ARMY CORPS OF ENGINEERS, Philadelphia District

This is a combined synopsis/solicitation for commercial services prepared in accordance with Federal Acquisition Regulation (FAR) Part 13 and the format in subpart 12.6, as supplemented with additional information included in this notice, including DFARS subpart 217-71. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. A Performance Work Statement (PWS) is included with additional information for the line item. This office will not accept any telephonic, written, or faxed requests for a copy of the solicitation.

Request for quotation (RFQ):

CLIN DESCRIPTION

0001 The Contractor shall provide a double bituminous seal coat for public roadways in accordance with all drawings and specifications.

0002 Option 1- The Contractor shall provide a double bituminous seal coat for public roadways in accordance with all drawings and specifications.

0003 Option 2- The Contractor shall provide a double bituminous seal coat for public roadways in accordance with all drawings and specifications.

0004 Option 3- The Contractor shall provide a double bituminous seal coat for public roadways in accordance with all drawings and specifications.

*Options will be exercised at time of award*

Inspection and Acceptance: At Delivery.

Period of Performance: The period of performance for CLINS 001, 002, and 004 is 60 days after Notice to Proceed (NTP). The period of performance for CLIN 003 is 270 days after NTP.

Solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-03, published 3 January 2025. Clauses and Provisions are available online at https://www.acquisition.gov.

This solicitation is set aside 100% for small business under NAICS Code 237310- Highway, Street, and Bridge Construction. The small business size standard is $45,000,000.00.

Quotes shall be emailed to Katie Sayers at Katie.L.Sayers@usace.army.mil no later than 1:00 PM EST on Monday, 10 February 2025. Quotes shall include pricing information, vendor CAGE code, and Unique Entity Identification number (UEI). All vendors must be registered and active in SAM.gov.

Requests for information (RFIs) can be submitted to the contract specialist at the email address above.

Please submit RFIs by 5:00 PM EST on 27 January 2025.

A site visit will be held on Tuesday, 21 January 2025, at 9:00 AM EST. Visitors will meet at the FE Walter Project Office: 146 Walter Dam Road, White Haven, PA 18661. Point of Contact for the site visit is:

Josh Dinko, Joshua.E.Dinko@usace.army.mil, 610-377-0332 x3.

https://www.acquisition.gov/ mailto:Katie.L.Sayers@usace.army.mil mailto:Joshua.E.Dinko@usace.army.mil

Performance Work Statement FY25 Double Bituminous Seal Coat (Tar and Chip)

Francis E. Walter Dam

1.0 Introduction

1.1 Background. The Francis E. Walter Dam project is located in Carbon and Luzerne

Counties in White Haven, PA. It is operated and maintained by the US Army Corps of Engineers (USACE), Philadelphia District. Francis E. Walter Dam is congressionally authorized for flood control and recreation. The roads and grounds encompass an earth fill dam with a rock embankment that includes a paved public roadway across the dam crest. In total, USACE owns approximately 7 miles of paved roadways and several miles of public dirt access roads they are responsible for operating and maintaining. FE Walter Dam recently executed a single paving project that repaired most of the public roads in 2021. However, several sections of roadway were not repaired or freshly paved due to funding constraints. Therefore, the Government is seeking a service contract to address the remaining roadways in March of 2025.

1.2 Scope of Work. The intent of this acquisition is to provide a service contract for application of a double bituminous seal coat for specified areas under Section 3, Performance Requirements. Four separate areas will be identified and treated as separate contracting line items. This agreement will include a base plus three options.

Each line item will require a road sweeping and filling of any applicable potholes with hot patch before the seal coat is applied, a post road sweeping via a “pick-up style” broom once the application is furnished, and line striping and road markings to finalize the procedure. The double bituminous seal coat shall utilize CRS-2P and #8 washed aggregate for the top of dam road, lower road, Carbon Co. side from the half gate to boat launch, and the operations building entranceway. For the lower roadway which is inundated by the impounding of water for the summer recreation pool between elevations 1370 and 1300 NGVD, a RC-250 (Cutback Asphalt) will be utilized after November 1, 2025, when temperatures are too cold to use a CRS- 2P asphalt emulsion. All products used must meet Pennsylvania Department of Transportation standards for double bituminous seal coat in Publication 447, and all striping paint must meet specifications in Publication 408.

2.0 General Requirements

2.1 General. The Contractor agrees to provide a double bituminous seal coat for public roadways as described in Section 3, Performance Requirements.

2.2 Government-Furnished Materials. The Contractor is expected to provide all manpower, equipment, and materials required to complete the scope of work for this action.

2.3 Safety. All work is to be accomplished per the US Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1. This manual prescribes the safety and health requirements for all Corps of Engineers activities and operations. The Contractor is responsible for all facets of workplace safety including but not limited to personal protective equipment (PPE), daily safety briefs, traffic control, and providing an activity hazard analysis (AHA) for each specified task. An approved Work Plan (WP) and Accident Prevention Plan (APP) must be received prior to any work commencing.

2.4 Location and Hours of Duty. Accomplishment of the services outlined in this

Performance Work Statement will be performed at Francis E. Walter Dam Monday thru Friday 0700 to 1530 unless alternate arraignments are made with project staff.

3.0 Performance Requirements

3.1 The base portion of this contract is to provide a double bituminous seal coat

(chipseal/tar and chip) utilizing CRS-2P and #8 washed aggregate on the area designated as “top of dam road” which begins at Station 300+00 and ends at Station 361+65. The roadway distance is approximately 1.2 miles, and the width of the roadway is approximately 25 feet on average. The Contractor will provide a road sweeping before the seal coat is applied, a road sweeping via a “pick-up style” broom once the application is completed, a single yellow centerline striping paint, and a single white road shoulder line striping paint on each lane to match existing pavement markings. All products used must meet Pennsylvania Department of Transportation standards for single bituminous seal coat in Publication 447, and all striping paint must meet specifications in Publication 408. The Contractor is responsible for all traffic control and safety procedures as applicable.

3.2 Option 1 of this contract is for the lower road on the Carbon County (Rt. 940) side of the dam. This area contains approximately 0.5 miles from the temporary road closure gate to the boat launch turnaround area, Station 109+10 to approximately Station 82+00. The road is approximately 18 feet wide. The Contractor will provide a double bituminous seal coat (chipseal/tar and chip) utilizing CRS-2P and #8 washed aggregate on the area. The Contractor will provide a road sweeping and filling of any applicable potholes with hot patch before the seal coat is applied, a road sweeping via a “pick-up style” broom once the application is completed, and a single yellow centerline striping paint. All products used must meet Pennsylvania Department of Transportation standards for single bituminous seal coat in Publication 447, and all striping paint must meet specifications in Publication 408. The Contractor is responsible for all traffic control and safety procedures as applicable.

3.3 Option 2 of this contract is for the lower road on the Luzerne and Carbon County side of the dam which is inundated by the impounding of water for the summer recreation pool between elevation 1370 and 1300 NGVD. A RC-250 double bituminous seal coat (Cutback Asphalt) will be utilized after November 1, 2025, when temperatures are too cold to use a CRS-2P asphalt emulsion, and the summer recreation pool is evacuated for winter storage. The Contractor will provide a double bituminous seal coat (Cutback Asphalt) on the area where the repaired pavement ends just above the Kayak Launch to the bottom gravel parking lot, approximate stationing 64+00 to 74+00 on the Luzerne County side of the reservoir. The same application will occur on the Carbon County side where the boat launch double bituminous seal coat ends near the summer pool elevation of 1370 NGVD, station 82+00 to station 78+00, the bottom gravel parking lot. This total area contains approximately 0.35 miles of roadway and is approximately 15 feet wide. The Contractor will provide a road sweeping and filling of any applicable potholes with hot patch before the seal coat is applied, a road sweeping via a “pick-up style” broom once the application is completed, and a single yellow centerline striping paint. All products used must meet Pennsylvania Department of Transportation standards for single bituminous seal coat in Publication 447, and all striping paint must meet specifications in Publication

408. The Contractor is responsible for all traffic control and safety procedures as applicable.

3.4 Option 3 of this contract addresses the operations building compound and parking areas. The dimension of this area is approximately 1,500 square yards and referenced in Appendix 3. The Contractor will provide a double bituminous seal coat (chipseal/tar and chip) utilizing CRS-2P and #8 washed aggregate on the area. The Contractor will provide a road sweeping before the chip seal is applied. Line painting for designated parking spots, and single white striping paint on roadway entrance/exits to match existing markings will be conducted once the protective coating cures. Special care will be adhered to near and around the buildings and compound fence. All parking stops will be removed and reinstalled after the application is completed. All products used must meet Pennsylvania Department of Transportation standards for asphalt seal coating in Publication 447, and all striping paint must meet specifications in Publication 408. The Contractor is responsible for all traffic control and safety procedures as applicable.

3.5 Traffic control is the responsibility of the Contractor. Adequate signage, safety procedures, and notice within work zones are required and should be consistent with industry practices. Adequate personal protective equipment is required by the Contractor including but not limited to high visibility clothing, helmets, eye, hand, feet, and ear protection.

3.6 Accident Prevention Plan. The Contractor shall develop an accident prevention plan (APP), work plan (WP) and submit activity hazard analysis (AHA) forms for each activity specified in the Contractor’s WP. The plan must be developed by a Competent Person (CP) and be site specific. The plans must document the project, contract, and job specific hazards in the workplace, and the company policies, controls, and work practices that will be used to minimize those hazards. Upon Contractor approval, both plans must be submitted to the authorized representative of the contracting officer (COR) for review and acceptance prior to the performance of any work. The APP must be completed using the ENG Form 6293 (Accident Prevention Plan Worksheet).

3.7 The Government reserves the right to adjust schedules, or the sequence of areas addressed, within the stated quantities and duration of the contract to meet unexpected contingencies which may arise during the terms of this contract. This right will be exercised at the discretion of the Contracting Officer’s Representative (COR) with confirmation of the schedule change by the Contractor. However, the COR cannot make any adjustment that causes an increase or decrease in any cost, or the time required to perform any part of the services under this contract which would require an equitable adjustment to the time or cost of this contract.

3.8 No services for which an additional cost or fee will be charged by the Contractor without the prior written authorization of the Contracting Officer.

3.9 Orientation of Personnel Assigned to this Contract.

3.9.1 Post Award Kick-Off Meeting: Once the Contractor provides a definitive start date, USACE and Contractor personnel will conduct a Post Award Kick-Off Meeting prior to the commencement of any work. The meeting will:

3.9.1.1 Familiarize the Contractor’s personnel with the requirements of the contract and the areas of responsibility.

3.9.1.2 Familiarize Corps personnel with the functions and duties of the Contractor agency.

3.9.1.3 Review traffic control and safety procedures.

3.9.1.4 The COR is required to ensure that an accurate roster of those in attendance is kept. An advanced agenda will likely not be forwarded to the Contractor prior to this meeting unless significant deficiencies exist within the traffic or safety work plan.

3.10 Communication: The Contractor shall designate one individual to communicate with the Contracting Officer’s Representative. The COR for the term of this contract is:

Joshua E. Dinko

USACE, Facility Operations Specialist 2145 Pohopoco Drive Lehighton PA, 18235

Joshua.E.Dinko@usace.army.

mil 610-377-0332 x3

3.11 Billing Procedures. Billing and payments will be made after completion of each contracting line item.

3.11.1 Commercial invoices must contain the following information, or they will be returned:

• Company Name, Payment Address

• Invoice Number, Date, and Contract Number

• Point of contact with name and telephone number

• Work completed

• Total charges

3.11.2 SEND ORIGINAL INVOICE TO THE COR. The COR is the designated billing representative for this action. Invoices must be properly approved and received before payment will be made. The COR will verify Contractor completion for the specific line item and initiate a receiving report. The COR will then send the original invoice with the receiving report to the US Army Corps of Engineers Finance Center, 5722 Integrity Drive, Millington, TN 38054-5005 where payment will be made to the Contractor.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Double Bituminous Seal Coat

FFP

The Contractor shall provide a double bituminous seal coat for public roadways in accordance with all drawings and specifications.

FOB: Destination

PSC CD: Z1LB

NET AMT

0002 1 Job OPTION Option 1

FFP

The Contractor shall provide a double bituminous seal coat for public roadways in accordance with all drawings and specifications.

0003 1 Job OPTION Option 2

FFP

The Contractor shall provide a double bituminous seal coat for public roadways in accordance with all drawings and specifications.

0004 1 Job OPTION Option 3

FFP

The Contractor shall provide a double bituminous seal coat for public roadways in accordance with all drawings and specifications.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 60 dys. ANP 1 FRANCIS E WALTER DAM

JOSHUA DINKO

US ARMY CORPS OF ENGINEERS

WHITE HAVEN PA 18661

610-377-0332

9624A2

0002 60 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0003 270 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0004 60 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-26 Covered Telecommunications Equipment or Services--

Representation.

OCT 2020

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

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

SEP 2023

52.212-3 Alt I Offeror Representations and Certifications--Commercial Products and Commercial Services (MAY 2024) Alternate I

FEB 2024

52.217-4 Evaluation Of Options Exercised At The Time Of Contract Award

JUN 1988

52.226-8 Encouraging Contractor Policies To Ban Text Messaging While Driving

MAY 2024

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 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 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

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

MAY 2021

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

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2023)

(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. 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 Federal Acquisition Regulation (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 of 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 FAR 32.608-2 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; 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.

(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. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION 2023-

O0008) (NOV 2024)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

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

(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 2023) (Section 1634 of Pub. L. 115-91).

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

(vi) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L.

117–328).

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

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

(viii) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(x) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

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

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

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

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

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

(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 (MAY 2022) (E.O. 12989).

(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 (JAN 2022) (E.O. 13706).

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

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

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

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

(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 (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247–64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

www.acquisition.gov

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

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

(b) The use in this solicitation or contract of any DFARS (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

WAGE DETERMINATION

"REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

| Wage Determination No.: 2015-4239 Daniel W. Simms Division of | Revision No.: 28 Director Wage Determinations| Date Of Last Revision: 12/23/2024

Note: Contracts subject to the Service Contract Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

|If the contract is entered into on or |Executive Order 14026 generally applies to | |after January 30, 2022, or the |the contract. | |contract is renewed or extended (e.g., |The contractor must pay all covered workers | |an option is exercised) on or after |at least $17.75 per hour (or the applicable | |January 30, 2022: |wage rate listed on this wage determination,| | |if it is higher) for all hours spent | | |performing on the contract in 2025. | |If the contract was awarded on or |Executive Order 13658 generally applies to | |between January 1, 2015 and January 29,|the contract. | |2022, and the contract is not renewed |The contractor must pay all covered workers | |or extended on or after January 30, |at least $13.30 per hour (or the applicable | |2022: |wage rate listed on this wage determination,| | |if it is higher) for all hours spent | | |performing on the contract in 2025. |

The applicable Executive Order minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the Executive Orders is available at www.dol.gov/whd/govcontracts.

State: Pennsylvania

Area: Pennsylvania Counties of Lackawanna, Luzerne, Wyoming

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE

01000 -…