Contract - EXECUTED - W9128F24P0073 - GA Elevator Inspection Svs.pdf

SEE ADDENDUM

(No Collect Calls)

X

W9128F24Q0036 05-Mar-2024

b. TELEPHONE NUMBER

402-995-2050

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 26 Apr 2024

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

X

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.(612) 799-5627

W9128F9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

W9128F24P0073 17-Jun-2024

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

BRANDIE L STALLSWORTH

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

REF: W9218F24Q0036

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W59XQG33037397

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

JESSICA R JACKSON / Added by SUMI

See Schedule $29,026.00

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: SEE SCHEDULE

.30-Apr-2024 YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE 9LTF5 FACILITY

OFFEROR CODE

U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST

CONTRACTING OFFICE

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

DAKOTA LIFT AND ELEVATOR LLC

MIKE HAGEN

18 RAILWAY STREET

KENSINGTON MN 56343

US ARMY CORPS OF ENGRS FINANCE CENTER

5722 INTEGRITY DRIVE

MILLINGTON TN 38054-5005

18a. PAYMENT WILL BE MADE BY CODE 964145

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE

SEE ITEM 9

15. DELIVER TO CODE 968705 16. ADMINISTERED BY

Net 30 Days

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

COE GARRISON OFC MNTN SEC

ADAM JOHNSON

USAED, OMAHACENWO-OD-GA-T

597 GARRISON DAM ROAD

RIVERDALE ND 58565

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$22,000,000

NAICS:

238290

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL: jessica.r.jackson@usace.army.mil

402-995-2052TEL:

31c. DATE SIGNED

17-Jun-2024

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF64

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W9128F24P0073

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job $29,026.00 $29,026.00 Base Year

FFP

Monthly Inspection, Maintenance, and Necessary Repairs FOB: Destination

PSC CD: H339

NET AMT $29,026.00

000101 $0.00 Funding SubCLIN Only

FFP

PURCHASE REQUEST NUMBER: W59XQG33037397

NET AMT $0.00

ACRN AA

CIN: W59XQG330373970001

$7,635.07

000102 $0.00 Funding SubCLIN Only

ACRN AB

CIN: W59XQG330373970002

$2,500.00

000103 $0.00 Funding SubCLIN Only

ACRN AC

CIN: W59XQG330373970003

$2,099.25

000104 $0.00 Funding SubCLIN Only

ACRN AD

CIN: W59XQG330373970004

$184.93

000105 $0.00 Funding SubCLIN Only

ACRN AE

CIN: W59XQG330373970005

$100.00

000106 $0.00 Funding SubCLIN Only

CIN: W59XQG330373970006

$1,414.40

000107 $0.00 Funding SubCLIN Only

CIN: W59XQG330373970007

$8,875.60

000108 $0.00 Funding SubCLIN Only

ACRN AF

CIN: W59XQG330373970008

$5,705.78

000109 $0.00 Funding SubCLIN Only

ACRN AF

CIN: W59XQG330373970009

$510.97

0002 1 Job $29,026.00 $29,026.00 OPTION Option Year 1

FFP

Monthly inspection, maintenance and necessary repairs to elevators

0003 1 Job $29,026.00 $29,026.00 OPTION Option Year 2

FFP

Monthly Inspection, Maintenance and Necessary Repairs to Elevators

0004 1 Job $29,076.00 $29,076.00 OPTION Option Year 3

FFP

Monthly Inspections, Maintenance and Necessary Repairs to elevators

NET AMT $29,076.00

0005 1 Job $29,076.00 $29,076.00 OPTION Option Year 4

FFP

Monthly Inspections, Maintenance, and Necessary Repairs to Elevators

NET AMT $29,076.00

PRICE SCHEDULE

PRICING SCHEDULE

Base Year, CLIN 0001 (Date of Award – 31 March 2025)

Description QTY Unit Price Total Monthly Maint. Powerhouse Passenger/Equipment Elevator

12 $587 $7,044

Monthly Maint. Powerhouse Penstock Passenger/Equipment Elevator

12 $383 $4,596

Monthly Maint. Administration Building Passenger Elevator

12 $383 $4,596

Monthly Maint. Administration Building Sidewalk Freight Elevator

12 $383 $4,596

Monthly Maint. Pipestem Dam Outlet Structure Passenger Elevator

12 $537 $6,444

Load Test Administration Building Passenger Elevator

1 JOB $0

Load Test Administration Building Sidewalk Freight Elevator

1 JOB $0

Load Test Pipestem Dam Outlet Structure Passenger Elevator

1 JOB $0

Elevator Survey for Compliance with ASME A17.1 and ASME A17.3 Requirements

1 JOB $0

Powerhouse Passenger Repair and Parts Job NTE $500.00 Powerhouse Penstock Repair and Parts Job NTE $150.00 Administration Building Repair and Parts Job NTE $500.00 Administration Sidewalk Repair and Parts Job NTE $500.00 Pipestem Repair and Parts Job NTE $100.00 Total for Base Year

$29,026

Option Year 1, CLIN 0002 (1 April 2025 – 31 March 2026)

Description QTY Unit Price Total Monthly Maint. Powerhouse Passenger/Equipment Elevator

12 $587 $7,044

Monthly Maint. Powerhouse Penstock Passenger/Equipment Elevator

12 $383 $4,596

Monthly Maint. Administration Building Passenger Elevator

12 $383 $4,596

Monthly Maint. Administration Building Sidewalk Freight Elevator

12 $383 $4,596

Monthly Maint. Pipestem Dam Outlet Structure Passenger Elevator

12 $537 $6,444

Load Test Penstock Elevator 1 JOB $0 Powerhouse Passenger Repair and Parts Job NTE $500.00 Powerhouse Penstock Repair and Parts Job NTE $150.00 Administration Building Repair and Parts Job NTE $500.00 Administration Sidewalk Repair and Parts Job NTE $500.00

Total for Option Year 1

$29,026

Option Year 2, CLIN 0003 (1 April 2026 – 31 March 2027)

Monthly Maint. Powerhouse Passenger/Equipment Elevator

12 $587 $7,044

Monthly Maint. Powerhouse Penstock Passenger/Equipment Elevator

12 $383 $4,596

Monthly Maint. Administration Building Passenger Elevator

12 $383 $4,596

Monthly Maint. Administration Building Sidewalk Freight Elevator

12 $383 $4,596

Monthly Maint. Pipestem Dam Outlet Structure Passenger Elevator

12 $537 $6,444

Powerhouse Passenger Repair and Parts Job NTE $500.00 Powerhouse Penstock Repair and Parts Job NTE $150.00 Administration Building Repair and Parts Job NTE $500.00 Administration Sidewalk Repair and Parts Job NTE $500.00

Total for Option Year 2 $29,026

Option Year 3, CLIN 0004 (1 April 2027 – 31 March 2028)

Monthly Maint. Powerhouse Passenger/Equipment Elevator

12 $587 $7,044

Monthly Maint. Powerhouse Penstock Passenger/Equipment Elevator

12 $383 $4,596

Monthly Maint. Administration Building Passenger Elevator

12 $383 $4,596

Monthly Maint. Administration Building Sidewalk Freight Elevator

12 $383 $4,596

Monthly Maint. Pipestem Dam Outlet Structure Passenger Elevator

12 $537 $6,444

Load Bearing Test Powerhouse Passenger Elevator 1 JOB $0 Powerhouse Passenger Repair and Parts Job NTE $500.00 Powerhouse Penstock Repair and Parts Job NTE $150.00 Administration Building Repair and Parts Job NTE $500.00 Administration Sidewalk Repair and Parts Job NTE $500.00 Pipestem Repair and Parts Job NTE $150.00 Total for Option Year 3

$29,076

Option Year 4, CLIN 0005 (1 April 2028 – 31 March 2029)

Monthly Maint. Powerhouse Passenger/Equipment Elevator

12 $587 $7,044

Monthly Maint. Powerhouse Penstock Passenger/Equipment Elevator

12 $383 $4,596

Monthly Maint. Administration Building Passenger Elevator

12 $383 $4,596

Monthly Maint. Administration Building Sidewalk Freight Elevator

12 $383 $4,596

Monthly Maint. Pipestem Dam Outlet Structure Passenger Elevator

12 $537 $6,444

Powerhouse Passenger Repair and Parts Job NTE $500.00 Powerhouse Penstock Repair and Parts Job NTE $150.00 Administration Building Repair and Parts Job NTE $500.00 Administration Sidewalk Repair and Parts Job NTE $500.00 Pipestem Repair and Parts Job NTE $150.00 Total for Option Year 4

$29,076

TOTAL PRICE YEARS 1 (Base Year) through Year 5 (Option Year 4) $___$145,230__________

NOTES:

1. Price will be evaluated as the sum of all years.

2. All unit prices shall be inclusive of all costs needed to perform prescribed work, including but not limited to labor, supplies, transportation, fees, profit, etc.

3. In the event of a discrepancy between the unit price and CLIN price, the unit price (x quantity) shall be considered the CLIN price.

4. In the event of a discrepancy between the total CLIN prices and the yearly price, the correct sum of the CLIN prices shall be considered the yearly price.

5. In the event of a discrepancy between the yearly prices and the total price for Years 1 through 5, the correct sum of the yearly prices shall be considered the total price for Years 1 through 5.

6. The NTE amounts included in the price schedule are pre-determined by the Government and are not negotiable.

Offerors shall not change these amounts and shall include them in their totals for each year and for the cummulative total price for all years in order to compare quotes fairly. Failure to include these prices or changing these prices from those included in the price schedule may render a quote unacceptable and therefore unawardable.

PERFORMANCE WORK STATEMENT

Performance Work Statement

Elevator Service Contract for Garrison Dam Power Plant & Garrison Dam Lake Office located at Riverdale and Pipestem Dam Outlet, located near Jamestown

(Garrison Dam Power Plant, 597 Garrison Dam Road, Riverdale, ND 58565

Garrison Dam Lake Office, 201 1st Street, Riverdale, ND 58565 Pipestem Dam Outlet, 8125 31st SE, Jamestown, ND 58401)

March 21, 2024 PART I General Information

1. GENERAL: This contract is a fixed-price, performance-based service contract. The Contractor shall follow the Elevator Inspector’s Manual, ASME A17.2 for required inspection and maintenance procedures to ensure safe operation of all elevators covered under this contract.

Along with price schedule the Contractor shall submit the following:

- Quality Control Plan (see para. 1.6.2)

- Inspection checklist for Monthly, Yearly, & Five Year (see para. 1.6.2.1)

- Minimum of three Past Performance References and contact information

- Price Proposal

1.1 Submittals: The following submittals will be sent to the POC (see para. 1.14).

1.1.1 Ten (10) calendar days after contract award the following submittals shall be sent to the POC.

- Certificate of Insurance

- Certificates showing the current State (see para. 1.12.2) Elevator Journeyman License, inspection and maintenance of elevators, safety training covering Safe Work Practices, Personal Protective Equipment, Proper House Keeping and Fire Protection

- A list of all employees that will be working on this contract and their vehicle identification.

- In draft form, an Inspection and Maintenance Schedule including any suggested modifications which may be in the interest of practicality, efficiency, economy or effective use of time, including any deficiencies, or items not up to code with elevators inspection schedule.

- List of any non-US citizens.

1.1.2 The following shall be submitted at the Pre-Work meeting (see para. 1.13.2).

- Names of individual who will have authority to request and release clearances (see para 1.12.3.1)

- Assessment Site Visit Report. (see para. 1.13.1)

1.2 Description of Services/Introduction: The Contractor shall provide all elevator maintenance services for the (5) elevators for the base year and for Option years 1, 2, 3, 4. Work required by this contract shall be performed on a regularly scheduled basis but not less frequently than once every 30 days. Invoices shall be submitted to the Government no later than 2 weeks after the work is completed.

1.2.1 Subcontracting: All subcontracting must be approved by the Contracting Officer (KO).

1.2.2 Employee Conduct: All contract employees shall conduct themselves in a proper manner at all times. The contractor or his/her employees while on duty shall consume no alcoholic beverages or uncontrolled substances.

The contractor expressly agrees to remove from the site any individual whose continued employment is deemed by the POC to be contrary to the best interests of the U.S. Army Corps of Engineers. The KO or POC may require the contractor to immediately remove from the work site any employee of the contractor who is incompetent or who endangers persons or property or whose physical or mental condition is such that it would impair the employees ability to satisfactorily perform the work. Notification to the contractor shall be promptly made in writing if time and circumstances permit. Otherwise, notification shall be telephonic and shall be confirmed in writing as soon as possible. No such removal, however, will reduce the contractor’s obligation to perform all work required under this contract and immediate replacement shall be made as required.

1.3 Background: The Corps of Engineers manages/maintains the Garrison Power Plant, Garrison Lake Office and Pipestem Outlet Structure at Riverdale and Jamestown. The elevators noted in the Performance Work Statement are all required for daily use.

1.4 Objectives: Contractor shall provide for the safe, careful, and efficient operation of all equipment and protection of Government funds and property under the direction of the POC.

1.5 Period of Performance: The period of performance shall be for one (1) Base Year and four (4) 1-year option periods. The Period of Performance reads as follows:

Base Year – Date of Award to 3/31/25 Option Year 1 (Year 2) – 4/1/25 to 3/31/26

Option Year 2 (Year 3) – 4/1/26 to 3/31/27 Option Year 3 (Year 4) – 4/1/27 to 3/31/28 Option Year 4 (Year 5) – 4/1/28 to 3/31/29

1.6 Quality Assurance/Quality Control:

1.6.1 Quality Assurance (QA). The Government will evaluate the Contractor’s performance under this contract for those tasks listed on the Performance Work Statement. The POC evaluators will follow the methods of surveillance specified in the Performance Requirements Summary (PRS), generally periodic inspection will be employed. The POC will record and retain all POC inspections.

1.6.2 Quality Control. The Contractor, not the Government, is responsible for management and quality control actions to meet the terms of the contract. The role of the Government is quality assurance to ensure contract standards are achieved. In this contract the quality control program is the driver for product quality. The Contractor shall develop a comprehensive Quality Control program of surveillances and monitoring actions. The first major step to ensuring a “self-correcting” contract is to ensure that the quality control program approved at the beginning of the contract provides the measures needed to lead the contractor to success. Once the quality control program is approved, careful application of the process and standards presented in the remainder of this document will ensure a robust quality assurance program.

1.6.2.1 Quality Control Reports. The Contractor shall submit a quality control report for each day work is performed. The reports shall include: compliance with the maintenance/repair schedule; reasons for noncompliance with the maintenance schedule; safety problems identified; corrective actions taken to correct safety problems; elevator repairs required, but outside the regular maintenance work; parts repaired or replaced; and all maintenance/repair work performed. Quality control reports shall be provided to the POC no later than 1 week after the work was performed. Forms used for quality control reports are subject to the approval of the POC. A completed checklist shall be submitted for the monthly, yearly and five-year (if applicable) inspections.

1.7 Recognized Holidays

New Year’s Day Birthday of Martin Luther King, Jr.

Washington’s Birthday

Memorial Day Juneteenth Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day/Christmas Day

1.8 Hours of Operations: All work shall be completed during the hours and locations indicated below, unless special permission is given by the POC.

Garrison Power Plant: Normal workdays and business hours for the Power House are Monday through Thursday - 0600 to 1630.

Administration Building: Normal workdays and business hours for the Administration Building are Monday through Friday – 0700-1530 except Federal Holidays.

Pipestem Dam Outlet Structure: Normal workdays and business hours for the Pipestem Outlet Structure are Monday through Friday – 0700-1530 except Federal Holidays.

1.9 Location of work:

Garrison Dam Power Plant, 597 Garrison Dam Road, Riverdale, ND 58565 Garrison Dam Lake Office, 201 1st Street, Riverdale, ND 58565 Pipestem Dam Outlet, 8125 31st SE, Jamestown, ND 58401

1.10 Type of Contract: The Government will award a Firm Fixed Contract.

1.11 Security Requirements: The Contractor shall submit a list of names of individuals who may require access to the facility over the course of the contract. The list will contain the first and last name and driver’s license number, and a description and license plate number of the vehicle used by the individual. All vehicles used by Contractor on project site shall have company identification. The Contractor must notify the facility at least five workdays in advance of the access date that an individual on the list will visit the project.

1.11.1 Antiterrorism (AT)/Operational Security (OPSEC) Requirements: See Addendum.

1.11.2 Key Control: Access to elevator machine rooms and equipment will be provided by project personnel. No keys will be issued to the Contractor.

1.12 Special Qualifications:

1.12.1 The Contractor shall have a current Master Elevator Constructor License with employee(s)/ subcontractor personnel holding a Journeyman Elevator Maintenance License from a State with reciprocal agreement with North Dakota. The Contractor shall perform all work under this contract with his/her own forces except as indicated by FAR. Employees who perform this work shall be qualified persons on the Contractor's own payroll. Only persons directly involved with accomplishment of the Contractor’s operations are allowed on the project.

1.12.2 Licensing. The Contractor must ensure that all employees and subcontractors have a current Elevator Journeyman License from a State with reciprocal agreement with North Dakota. Contractors must also have safety training covering Safe Work Practices, Personal Protective Equipment, Proper House Keeping and Fire Protection.

Additionally, the Contractor must ensure that all employees have necessary certificates as required by state. The Contractor must apply risk management strategies to ensure personnel safety and must comply with safety requirements articulated in EM 385-1-1, the US Army Corps of Engineers Safety Manual (latest version), and 29 CFR 1910 - Occupational Safety and Health Act (OSHA).

1.12.3. Safe Clearance Training (LOCKOUT / TAGOUT) and issuing of clearance.

1.12.3.1 U.S. Army Corps of Engineers EM 385-1-1 safe clearance procedure (hazardous energy control plan) is used by project personnel to ensure continuity of service and safety to personnel and equipment. The project requires that the Contractor provide the names of individuals who will have the authority to request and release clearances with post award submittals section 1.1.2. These individuals will receive training at the project by project personnel. Allow four hours for review of project procedures and to receive the training. Contractor personnel shall not violate the clearance procedure. A copy of the Project’s Safe Clearance Procedure is available at the Project and will be provided at the pre-work meeting.

1.12.3.2 The following Project personnel will issue clearances at locations noted:

Garrison Dam Power Plant – Shift Operator – Phone # 701-654-7770 Garrison Dam Lake Office – Sr. Electrician – Phone # 701-654-7721 Pipestem Dam Outlet Structure – Lake Manager – Phone # 701-654-7746

1.13 Post Award

1.13.1. Assessment Site Visit. Within ten (10) calendar days after contract award is made, a site visit is recommended (not required) to be made by the Contractor to verify site conditions. During the site visit the Contractor should look for deficiencies and non compliances to be noted and submitted as a maintenance report at the pre-work meeting.

1.13.2 Pre-work Meeting: After all post award submittals (para. 1.1.1) have been reviewed and approved by the Government a pre-work meeting date and time will be established. The pre-work meeting will be scheduled no later than 15 days after contract award. At this meeting, the POC will establish lines of authority and Government procedures for contractual administrative and work issues. The schedule of required reports will also be discussed.

The Contractor shall submit the deficiency and noncompliance report obtained from the Assessment Site Visit at the pre-work meeting, if applicable. The Contractor will be responsible for all maintenance, replacement of parts, etc.

unless noted in the deficiency report. The Government will furnish the Contractor a letter of record documenting pre-work conference discussions within one week following the meeting.

1.14 Government Point of Contact. The POC monitors all technical aspects of the contract and assists in contract administration. The POC is authorized to perform the following functions; assure that the Contractor performs the technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, designation issued to the POC. The POC is not authorized to change any of the terms and conditions of the resulting order.

1.15 Identification of Contractor Employees: Contractors and subcontractors are required to wear their company ID and may be required to wear Government supplied badges.

1.15.1 Contractor Manpower Reporting: The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for the performance of services provided under this contract for the U.S. Army Corps of Engineers via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the help desk at http://www.ecmra.mil/.

1.16 Contractor Travel: N/A

1.17 Other Direct Costs: N/A

1.18 Data Rights: N/A

1.19 Phase In/Phase out Period: N/A

PART 2

DEFINITIONS AND 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 (CO or KO). A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf o the Government. Note: The only individual who can legally bind the Government.

2.1.3. CONTRACTING OFFICER’S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

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

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

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

2.1.7. OBSERVED ACCEPTANCE RATE (OAR). The observed rate of acceptable performance based on sound quality assurance surveillance.

2.1.8 PERFORMANCE REQUIREMENT. The point that divides acceptable and unacceptable performance of a task according to the Performance Requirement Summary (PRS) and the Inspection of Services clause. It is the number of defects or maximum percentage of defects in the lot that is acceptable.

2.1.9 PHYSICAL SECURITY. Actions that prevent the loss or damage of Government Property.

2.1.10 POINT OF CONTACT - The POC monitors all technical aspects of the contract and assists in contract administration. The POC is authorized to perform the following functions; assure that the Contractor performs the technical aspects of the contract.

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

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

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

2.2 ACRONYMS:

AR Army Regulation CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative DA Department of Army DOD Department of Defense FAR Federal Acquisition Regulation OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QC Quality Control TPOC Technical Point of Contact

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services. N/A

3.2 Facilities: N/A

3.3 Utilities: (electrical power, water services, and restroom facilities) required in the performance of the contract are available from Government sources within the contract areas or from other sources approved by the POC. These utilities are available as is. All extensions, adapters and other necessary items are the Contractor’s responsibility.

3.4 Equipment: N/A

3.5. Materials: N/A

Drawings attached to this Performance Work Statement are drawings of the (5) elevators. Applicable changes to the attached drawings shall be noted on drawings by the contractor and submitted to the POC to be maintained up-to-date.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The Contractor shall furnish everything necessary to perform this contract according to all its terms. Contractor parts and supplies may be stored at a location designated by the POC; however, most spare parts will be carried in Contractor service vehicles.

4.2. Services: All transportation, supervision, services and any items necessary to perform routine maintenance of all the elevators listed shall be provided by the Contractor.

4.3 Secret Facility Clearance: N/A

4.4 Materials: The Contractor shall provide all materials required for this job.

4.4 Equipment: The Contractor shall provide all equipment required for this job.

4.5 Materials Safety Data Sheets (MSDS) : The Contractor shall supply MSDS’s for all hazardous materials used on the project. The Contractor shall maintain an MSDS binder for all materials used on the project and furnish a copy of each MSDS to the Government.

PART 5

SPECIFIC TASKS

5. SPECIFIED TASKS:

5.1 Elevator Maintenance. The Contractor shall provide all routine elevator maintenance services for the (5) elevators for the base contract, and for the options years, unless noted and accepted in the deficiency report or the Quality Control Reports. Work required by this contract shall be performed on a regularly scheduled basis but not less frequently than once every 30 days.

5.1.2 Routine Maintenance. Includes cleaning, maintenance, repair, parts replacement outside of non-routine maintenance, servicing, adjustments, calibrations and inspections as listed by the ASME A 17.1, and ASME A 17.2.

Except for emergency callback service, all work shall be scheduled five workdays in advance with the POC.

5.1.3. Elevator Survey for Compliance with ASME A17.1 and ASME A17.3 Requirements. Contractor shall survey all (5) elevators of the Garrison Project for compliance with required ASME codes while considering dates of modernization and construction as outlined in contract documents. Survey to include corrective recommendations where elevators are discovered to be out of compliance. Survey to be completed and submitted to the COR prior to the end of the base contract year.

5.1.4. Interruption of Service. Elevator maintenance shall be scheduled and coordinated with the POC to minimize interference with plant maintenance and operation activities. Unless there is an emergency situation or an impending safety hazard for an elevator, e.g., the elevator is out of service, stuck, or experiencing a dangerous or potentially dangerous malfunction, Corps of Engineers maintenance and operations will take precedence over elevator maintenance.

5.1.5. Safety. The Contractor’s employees may be working in areas containing control systems vital to the operation of the project. The Contractor shall protect all existing structures, utilities and work of any kind against damage or interruption of service. To ensure the safety of Contractor employees and project personnel, the Contractor shall be trained in the U.S. Army Corps of Engineers Safe Clearance Program.

5.1.6. Following is a list of elevators covered by this contract:

Powerhouse Passenger/Equipment Elevator: ThyssenKrupp, 2500 pound capacity, 5 stops, 200 FPM travel speed, Digitally Controlled (TAC50M) traction elevator (hoist rope), machine model H-W 54 OH

Powerhouse Penstock Passenger/Equipment Elevator: Unidynamics, Rack and Pinion, 2000 pound capacity, 115 fpm speed, 2 stop, pushbutton control, 29.92 feet of travel

Administration Building Passenger Elevator: ThyssenKrupp, 4500-pound Capacity, 24.375 foot travel, 3 stops, 110 FPM Travel Speed, Hydraulic type

Administration Building Sidewalk Freight Elevator: Gillespie, No 3162, 1,000-pound Capacity, 8.5-foot travel, 2 stops, 20 FPM travel Speed, Hoist rope type.

Pipestem Dam Outlet Structure Passenger Elevator: 5-5012-A Hoist, 10 NICLS Controller, 22CTSWT Machine, Roped 1:1, 1200 lbs., duty @ 100 F.P.M., 3 stops, 3 openings, Main Current: 480 volts, 3 phase, 60 Hz.

5.2. Elevator Maintenance

5.2.1. Maintenance Schedules. Elevator maintenance schedules for the year shall be submitted to the POC for approval within 30 days of contract award. All schedules shall describe periodic maintenance procedures and specify the frequency of performance. A maintenance schedule shall be posted in each elevator room. Posted schedules shall become the property of the Government and shall not be removed from elevator rooms upon completion of the contract. Coordinate schedule changes with POC and keep all schedules current. The contractor shall coordinate any deviations from the elevator maintenance schedule with the COR (1) week ahead of time. Site personnel will use the schedule to ensure availability to allow access of the contractor to equipment. This is especially important for Pipestem as there is only one person available to allow access.

5.2.2. Inspections. Contractor is required to comply with all applicable elevator maintenance/service State and Federal rules and regulations and maintain adequate records of this compliance. The Government reserves the right to have a third party inspect the elevators. All licenses and monthly, annual, and five-year (if applicable) inspections shall conform to ASME A 17.1, and ASME A 17.2. A report of the inspection results must be submitted to the POC for approval.

5.2.3. Changes to the elevators. The Contractor shall make no changes to the existing circuits, circuitry wiring and sequencing or otherwise alter the original circuit or wiring design of the elevators.

5.2.4. Government Surveillance & Inspection: Will be accomplished using the Performance Requirements Summary (para 7.2 & attachment 2). If a safety issue arises from the Contractor’s unacceptable performance, the Contractor will be given notification and 4 hours to correct the unacceptable performance. The POC may approve additional time if needed. If it is not a safety issue the contractor will have three days to correct any deficiencies.

The POC will notate on the Performance Criteria Analysis the date, time, and location of the deficiency and send a copy to the Contractor to sign and return to the POC within 3 businesses days.

5.2.5 5 Year Load Test: In the Base year of this Performance Work Statement the Contractor shall perform the required 5-year load test for the following three (3) elevators per standards.

. Administration Building Passenger Elevator .Administration Building Sidewalk Freight Elevator . Pipestem Dam Outlet Structure Passenger Elevator:

5.2.6 Reports

5.2.6.1 Minimum Required Reports: The Contractor must generate, complete and submit reports to the Government. The following is a list of reports, information to be furnished on each report and a time or frequency requirement for each report.

5.2.6.2 Maintenance Report. The Contractor shall prepare a report, which identifies each elevator, the location, routine maintenance work performed, repairs needed, non-compliance, development of any defects, date of inspection, name of inspector, overall condition of the elevator and any corrective actions taken should be including.

This report shall be submitted within two business days of inspection.

5.2.6.3 Failure Report. If repairs require work considered over and above routine maintenance work, the Contractor shall notify the POC. with a detailed description of reasons for noncompliance with maintenance and safety problems identified and corrective actions required.

5.2.6.4 Contractor Report Exposure Hours. Total hours worked by Contractor employees during the month. This report must be submitted monthly. See para 7.8 and attachment 7.

5.2.6.5 Injuries/Illnesses or Fatalities. An accident constitutes an incident or act involving the Contractor, which may or may not have caused obvious damage to persons or property. This includes injuries to Contractor employees, members of the public, or damage to Government or personal property.

5.2.6.6 Contractor Damage to Government Property. An accident constitutes an incident or act involving the Contractor, which may or may not have caused obvious damage to persons or property. This includes injuries to Contractor employees, members of the public, or damage to Government or personal property.

5.2.6.7 Assessment Site Visit Report. See paragraph 1.13.1.

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS):

6.1 The Contractor must abide by all applicable regulations, publications, manuals, local policies and procedures and Title 36, Code of Federal Regulations, Standards of Conduct, DOD 5500-7-R (DOD Joint Ethics)

6.2 The Elevator Inspector’s Manual, ASME A17.2 s

6.3 The Contractor shall follow all requirements detailed in the USACE EM 385-1-1, latest version.

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. TECHNICAL EXHIBIT LIST:

7.1 Attachment 1, Estimated Workload Data (average per year)

ITEM NAME ESTIMATED QUANTITY(MAN HOURS)

1 Assessment Site Visit 50 Hours 2 Powerhouse Elevator Routine 126 Hours 3 Admin. Passenger Elevator Routine 68 Hours 4 Admin. Freight Elevator Routine 30 Hours 5 Pipestem Outlet Elevator Routine 62 Hours 6 Powerhouse Penstock Elevator Routine 40 Hours 7 Yearly Inspection 70 Hours 8 Admin. Passenger Elevator Load Test 6 Hours 9 Admin. Freight Elevator Load Test 6 Hours

10 Pipestem Outlet Elevator Load Test 6 Hours 11 Powerhouse Elevator Load Test 6 Hours 12 Powerhouse Penstock Elev. Load Test 6 Hours

7.2 Attachment 2, Performance Requirements Summary

7.3 Attachment 3/Technical Exhibit 3: Powerhouse Passenger/Equipment Elevator: ThyssenKrupp, 2500 pound capacity, 5 stops, 200 FPM travel speed, Digitally Controlled (TAC50M) traction elevator (hoist rope), machine model H-W 54 OH

7.4 Attachment 4/Technical Exhibit 5: Administration Building Passenger Elevator: ThyssenKrupp, 4500-pound Capacity, 24.375 foot travel, 3 stops, 110 FPM Travel Speed, Hydraulic type

7.5 Attachment 5/Technical Exhibit 6: Administration Building Sidewalk Freight Elevator:

Gillespie, No 3162, 1,000-pound Capacity, 8.5-foot travel, 2 stops, 20 FPM travel Speed, Hoist rope type.

7.6 Attachment 6/Technical Exhibit 7: Pipestem Dam Outlet Structure Passenger Elevator: 5- 5012-A Hoist, 10 NICLS Controller, 22CTSWT Machine, Roped 1:1, 1200 lbs., duty @ 100 F.P.M., 3 stops, 3 openings, Main Current: 480 volts, 3 phase, 60 Hz.

7.6.1 Attachment 6.1/Technical Exhibit 7.1: Powerhouse Penstock Passenger/Equipment Elevator:

Unidynamics, Rack and Pinion, 2000 pound capacity, 115 fpm speed, 2 stop, pushbutton control, 29.92 feet of travel

7.7 Attachment 7/Technical Exhibit 8: Contractor Exposure Reports

Attachment 2, Performance Requirements Summary

The Contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective STANDARD Acceptable Quality Level METHOD OF

SURVEILLANCE

PRS #1 Maintain Elevator Safety Inspection Program

The Contractor shall submit an updated copy of the elevator maintenance schedule.

The Contractor is required to keep all elevators up to code and standards, per program schedule.

The Government POC or TPOC will inspect as noted. If on two occasions the schedule has not been kept current. The TPOC will contact the Contractor. The schedule shall be brought up to date within in 5 working days. If they are not completed within the 5 working days, the Contractors performance can be cause for contract termination.

Periodic Surveillance by the Government

PRS #2 Schedule The Contractor provides a schedule, performs maintenance, and testing.

The Contractor is required to schedule and perform detail maintenance work and indicate how the work corresponds to all elevator codes and any manufacturer’s specifications.

Detailed scheduling system is maintained up to date and posted by each elevator. Advance notification of testing is given to enable TPOC to witness testing procedures. If two or more scheduled maintenances are not performed, The TPOC will contact the Contractor. The performance shall be completed within 5 working days. If it is not completed within the 5 workings day, the Contractors performance can be cause for contract termination.

Periodic Surveillance by the Government

PRS #3 Reliable, safe, and functional elevators and systems

The Contractor shall maintain all elevators and systems.

The Contractor shall perform routine and preventative maintenance work is performed as necessary to maintain the elevator to manufacturer’s specification and all state, federal codes, and regulations. If there are two or more instances in which the

Periodic Surveillance by the Government

Contractor did not maintain the elevator and system the TPOC will contact the Contractor. The Contractor shall then perform the required maintenance within 5 working days. If it is not completed within the 5 working days, the Contractors performance can be cause for contract termination.

PRS #4 Manufacturers Maintenance Specifications

The Contractor shall maintain the manufacturer’s specifications

The Contractor is required to maintain the manufacturer’s specifications for each elevator car. Specifications shall be kept in the elevators mechanical area. If specifications are not located in the mechanical area the TPOC will contact the Contracting Officer.

The Contractor will have two working days to replace the specifications. If they are not returned within two days, the Contractors performance can be cause for contract termination.

Periodic Surveillance by the Government

PRS #5 Reports The Contractor shall submit Maintenance & Repair reports.

The Contractor is required to submit Maintenance & Repair reports within the time specified in Section 5, paragraph 5.2.6.2

100 Percent Inspection by TPOC or POC

PRS #6 Assessment Site Visit (Base Year Only)

The Contractor shall visit each site after award and before the Pre- Work to verify site conditions of elevators.

The Contractor is required to visit each site prior to the Pre-Work meeting to verify site conditions.

The Contractor will look for deficiencies and non-compliances and submit a maintenance report at the pre-work meeting.

100 Percent Inspection by TPOC or POC

PRS #7 Load Testing The Contractor shall provide all load Testing of elevators.

The Contractor is required to perform 5-year load tests in accordance with manufacturers’ requirement and current standards.

Scheduling of Load Testing will be conducted within six months of option being awarded.

100 Percent Inspection by TPOC or POC

Part 8: Background Check Document

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 000101 N/A N/A N/A N/A 000102 N/A N/A N/A N/A 000103 N/A N/A N/A N/A 000104 N/A N/A N/A N/A 000105 N/A N/A N/A N/A 000106 N/A N/A N/A N/A 000107 N/A N/A N/A N/A 000108 N/A N/A N/A N/A 000109 N/A N/A N/A N/A 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 17-JUN-2024 TO

31-MAR-2025

N/A COE GARRISON OFC MNTN SEC

ADAM JOHNSON

USAED, OMAHACENWO-OD-GA-T

597 GARRISON DAM ROAD

RIVERDALE ND 58565

968705

000101 N/A N/A N/A N/A

000102 N/A N/A N/A N/A

000103 N/A N/A N/A N/A

000104 N/A N/A N/A N/A

000105 N/A N/A N/A N/A

000106 N/A N/A N/A N/A

000107 N/A N/A N/A N/A

000108 N/A N/A N/A N/A

000109 N/A N/A N/A N/A

0002 POP 01-APR-2025 TO

31-MAR-2026

N/A COE GARRISON OFC MNTN SEC

ADAM JOHNSON

USAED, OMAHACENWO-OD-GA-T

597 GARRISON DAM ROAD

RIVERDALE ND 58565

0003 POP 01-APR-2026 TO

31-MAR-2027

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-APR-2027 TO

31-MAR-2028

N/A (SAME AS PREVIOUS LOCATION)

0005 N/A N/A N/A N/A

ACCOUNTING AND APPROPRIATION DATA

AA: 96X31230000 082417 252061D8C0014120 NA 96252

AMOUNT: $7,635.07

AB: 96X31230000 082417 25206BCB3H006400 NA 96252

AMOUNT: $2,500.00

AC: 96X31230000 082417 25206F21C6006400 NA 96252

AMOUNT: $2,099.25

AD: 96X31230000 082417 25206K28L5014120 NA 96252

AMOUNT: $184.93

AE: 96X31230000 082417 25206J55JD006400 NA 96252

AMOUNT: $10,390.00

AF: 96X31230000 082417 252062915L006400 NA 96252

AMOUNT: $6,216.75

ACRN CLIN/SLIN CIN AMOUNT

AA 000101 W59XQG330373970001 $7,635.07

AB 000102 W59XQG330373970002 $2,500.00

AC 000103 W59XQG330373970003 $2,099.25

AD 000104 W59XQG330373970004 $184.93

AE 000105 W59XQG330373970005 $100.00

000106 W59XQG330373970006 $1,414.40

000107 W59XQG330373970007 $8,875.60

AF 000108 W59XQG330373970008 $5,705.78

000109 W59XQG330373970009 $510.97

CLAUSES INCORPORATED BY REFERENCE

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

NOV 2023

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

AUG 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

JAN 2023

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7004 Display of Hotline Posters JAN 2023 252.204-7002 Payment For Contract Line or Subline Items Not Separately

Priced

APR 2020

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

252.204-7014 Limitations on the Use or Disclosure of Information by Litigation Support Contractors

JAN 2023

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

JAN 2023

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

JAN 2023

252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7999 (Dev) Section 3610 Reimbursement. (DEVIATION 2020-O0021) AUG 2020 252.246-7003 Notification of Potential Safety Issues JAN 2023 252.246-7007 Contractor Counterfeit Electronic Part Detection and

Avoidance System

JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

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

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (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)).

(2) 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).

(3) 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).

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

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

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

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

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]

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

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

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

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

X (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

___ (6) [Reserved]

___ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L.