E.01.02 Purchase Order - 24P1059 - KO signed.pdf

SEE ADDENDUM

(No Collect Calls)

W912DQ24Q1016 11-Mar-2024

b. TELEPHONE NUMBER

(816) 389-3805

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 19 Mar 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

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.785-937-2753

W912DQ9. ISSUED BY

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

W912DQ24P1059 29-Mar-2024

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MYLEESA S FRANCE

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

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

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

W58XUW33310072-0001

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

JOSHUA HIGGINBOTHAM / CONTRACTING OFFICER

See Schedule $9,000.00

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. 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 3DC98 FACILITY

OFFEROR CODE

USACE, KANSAS CITY +

CONTRACTING DIVISION FEDERAL BLDG CT 601 E 12

KANSAS CITY MO 64106-2896

DETERS MOWING SERVICE

2110 JOHN BROWN RD

PRINCETON KS 66078-9004

USACE, KANSAS CITY +

USACE KC FINANCE CNTR 5722 INTEGRITY

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 966221 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

USACE, KANSAS CITY +

SCOTT RICE

POMONA LAKE PROJECT OFFICE 5260 POMONA DAM R

VASSAR KS 66543

816-389-3029FAX:

TEL: 816-389-3812 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$9,500,000

NAICS:

561730

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: joshua.m.higginbotham@usace.army.mil

(816) 389-3059TEL:

31c. DATE SIGNED

29-Mar-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 OF30

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.

W912DQ24P1059

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job $9,000.00 $9,000.00 Base Year 2024

FFP

The contractor shall provide all necessary management, labor, supervision, materials, equipment, parts, transportation, incidental materials, quality control, environmental protection, and must meet all safety requirements necessary to perform all services as defined in the Performance Works Specifications (PWS) dated 21 February 2024.

FOB: Destination

MILSTRIP: W58XUW33310072-0001

PURCHASE REQUEST NUMBER: W58XUW33310072-0001

PSC CD: S208

NET AMT $9,000.00

ACRN AA

CIN: 000000000000000000000000000000

$9,000.00

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job $9,000.00 $9,000.00 OPTION Option Year 2025

FFP

The contractor shall provide all necessary management, labor, supervision, materials, equipment, parts, transportation, incidental materials, quality control, environmental protection, and must meet all safety requirements necessary to perform all services as defined in the Performance Works Specifications (PWS) dated 21 February 2024.

FOB: Destination

PSC CD: S208

NET AMT $9,000.00

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

Mowing and Trimming Services Pomona Project

C.1 General Information

C.1.1 Background. Pomona Lake is located approximately 7 miles west of Pomona, Kansas on highway

168. The dam was completed in 1963 creating a reservoir of approximately 4,000 acre-feet of water.

Recreational development at Pomona includes 7 parks and access areas managed by the U.S. Army Corps of Engineers. Park areas at Pomona Lake offer a wide variety of recreation facilities including boat launching ramps, campgrounds, marinas, picnic areas, sand swimming beaches, and a visitor center. Many routine maintenance items are contracted to the private sector. Mowing, refuse collection, and facility cleanup are just a few of the activities that are performed by private contractors for the Corps.

C.1.2 Scope of Work: The contractor shall provide all manpower, equipment, fuel, tools, supervision and other items and services necessary to provide mowing and trimming of public use areas at the Pomona Lake, near Pomona, Kansas as described in the attached performance work statement (PWS) and elsewhere in the contract.

C.1.3 Post-Award Conference: After award, but prior to commencement of work, the contractor shall contact the Contracting Officer’s Representative, to arrange a mutually agreeable time to meet at the Pomona Project Office to review the requirements and details of the work.

C.1.4 REQUIRED INSURANCE: The contractor shall provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the below.

Before commencing work under this contract, the contractor shall present to the Contracting Officer proof of the required insurance.

INSURANCE REQUIREMENTS

TYPE/DESCRIPTION COVERAGE

Workmen’s Compensation Coverage complying with applicable State statute Employer’s Liability $100,000(minimum) General Liability/Bodily Injury $500,000 (minimum) per occurrence

Automobile Liability

$200,000 (minimum) per person $500,000 (minimum) per occurrence $ 20,000 (minimum) property per occurrence

Coverage amounts listed above are minimums. If higher limits of coverage are required by State statute, the Contractor shall be responsible for obtaining such additional coverage, and the Contractor shall provide to the Government documentation demonstrating compliance with the State statute. Information regarding State requirements may be obtained by contacting the Iowa Insurance Division at 515‐281‐3089; Kansas Insurance Commissioner at 1‐800‐432‐2484, Division of Workers Compensation at 913‐296‐3071;

Missouri Division of Insurance at 314‐751‐3365 and Nebraska State Insurance Department at 402‐471‐ 2201. The Contractor shall maintain the required insurance coverage throughout the duration of each POP.

C.1.5 Quality Control:

C.1.5.1 The contractor will develop a Quality Control Plan designed to demonstrate how the contractor will meet the needs of the project. The Quality Control Plan will document how well the contractor is meeting these needs and will be submitted for approval prior to work on this contract. The contractor must provide and maintain an inspection system acceptable to the government covering the services under this contract. Complete records of all inspection work performed by the contractor must be maintained and made available to the government during contract performance.

C.1.5.2 The contractor shall designate, in writing, a responsible on-site representative of each work crew who shall serve as a contact for matters involving quality, performance or non-performance of the required work assigned to that crew. The representative shall have the authority to correct non-performance. The Contracting Officer may disapprove any individual whom he considers to be incompetent to perform the work required. Such disapproval will be given to the contractor by written notice, and the Contracting Officer’s decision shall represent a final decision.

C.1.5.3 The contractor shall furnish to the Project Manager, a telephone number attended during normal business hours (7 a.m. - 4 p.m., CST) to which calls concerning performance or other contractual matters can be placed. To time and date, a message will be deemed delivered to the contractor, at such time as it is delivered to the number provided by the contractor.

C.1.6 QUALITY ASSURANCE:

C.1.6.1 Quality Assurance Surveillance Plan: A Quality Assurance Surveillance Plan (QASP) will be used during the life of the contract to ensure that the contractor is performing the services required by this PWS in an acceptable manner. The government develops the QASP and the Project Office administers the Plan through Quality Assurance Evaluators (QAE)s.

C.1.6.2 The government has the right to inspect and test all services called for by the contract, to the extent practicable always and places during the term of the contract. The government shall perform inspections and tests in a manner that shall not unduly delay the work.

C.1.6.3 If an area is missed, or is not mowed, trimmed, or has not had grass or debris removed as specified, the contractor agrees to return and re-perform the unsatisfactory or missed services immediately upon receipt of notice form the Contracting Officer or his Authorized Representative.

C.1.6.4 If any of the services do not conform to contract requirements, the government may require the contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the government may

(1) require the contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

Payment will not be made for work not performed or not performed to standard.

C.1.6.5 The government reserves the right to cause the specified work to be performed by third party or government personnel and the cost incurred thereby will be levied against the contractor. If government personnel are used because of contractor's nonperformance, the cost levied against the contractor will include all direct costs associated with the performance of the specified work and the direct cost to the government for substitution of the government personnel removed from their normal duties. The cost is computed on an hourly basis at the applicable wage rate. Government personnel will be used only when time is of the essence and the interests of the government would not be served by securing a third party to perform the specified work.

C.1.7 ORDERING OF SERVICES:

C.1.7.1 Individual orders for required services will be issued by telephone to the contractor or his responsible individual and followed by confirmation in writing from the Contracting Officer or the Contracting Officer’s Representative. Telephone orders will be considered issued at such time as it is delivered to the telephone number provided by the contractor. The contractor shall commence the ordered service(s) within 48 consecutive hours after receipt of verbal telephone order or date specified in the order (whichever is later) and complete the work in the time specified. The time allowed to complete the required services shall begin either as soon as the contractor begins the mowing and trimming services, or at the end of the 48 consecutive hours after receipt of the order, whichever occurs first.

C.1.7.2 In the event adverse weather or ground conditions occur after placement of an order for services that would create unsafe working conditions or result in damage to vegetation or turf, the contractor shall cease operations and contact project personnel. Work affected by adverse conditions shall be stopped, restarted, or rescheduled at a mutually agreed upon time, to the extent possible. Payment will not be made for work not performed because of wet weather conditions unless an alternate date for services can be arranged, and services are performed.

C.1.7.3 The Government reserves the right to order any single item/sub-item individually, or any combination of items/sub-items per order, up to and including all items. However, no order shall be placed which totals less than one full workday. One workday shall be deemed to mean 8 man-hours for the purposes of this specification.

C.1.8 PERIOD OF PERFORMANCE:

C.1.8.1. The period of performance shall be for one (1) Year of 12 months. Actual services will be performed from 1 April through 30 September.

C.1.8.2 Mowing and trimming services shall be as-ordered for the service period 1 April through 30 September, Monday through Friday, between the hours of 7:00 a.m. and 6:00 p.m. Work will not be permitted on Saturdays, Sundays, and holidays unless this restriction is specifically waived in writing by the Contracting Officer or his authorized representative.

C.1.8.3 The government anticipates that a mowing order for all public use areas will be placed prior to the following holidays: Memorial Day, Fourth of July, and Labor Day. It may be necessary to complete the mowing order in one-half the normal time allowed to complete the same order.

C.1.8.4. All work shall be accomplished within the time frames specified above. Services rendered outside the time frames specified will not be compensated unless this restriction is specifically waived in writing by the Contracting Officer or his authorized representative.

C.1.8.5 Time allowed to Complete Required Services, as specified in this performance work statement applies to the ordering of individual items. The contractor shall be responsible for providing the additional manpower and equipment necessary to accomplish this at no additional cost to the government.

AREAS, ACREAGES, QUANTITIES, AND TIME ALLOWED

ESTIMATED

ACRES OF PARK

AND

ESTIMATED

NUMBER OF

MAXIMUM

NUMBER OF

TIME ALLOWED

TO COMPLETE

AREAS

ROADWAY

MOWINGS MOWINGS MOWINGS REQUIRED

SERVICES

a. CAROLYN

PARK

10 10 12 0.5 day

b. CEDAR PARK 19 10 12 0.5 day

a. 110-MILE

PARK

2 10 12 0.5 day

Notes:

1. The term "required services" as applied to time allowed, shall be deemed to include trimming around trees, shrubs, posts, buildings, and obstacles.

2. Determination of acreages for roadway mowing is based on the mowing of approximately 30 feet on each side of roadways to be serviced.

3. Acreages shown above are estimated. The Contractor shall be responsible for determining all acreages and conditions affecting the performance of the required tasks of this contract.

C.1.9 Contractor Personnel:

C.1.9.1 All Contractor personnel shall be fully clothed, always, while performing these services. Clothing shall be clean and neat in appearance.

C.1.9.2 Contractor personnel shall utilize tact, diplomacy, and courtesy at all times during contact with the public.

C.1.10 Safety Requirements:

C.1.10.1 Prior to beginning work on this contract, the contractor shall have an approved Accident Prevention Plan. This plan shall be in accordance with the most recent EM 385-1-1. The plan is intended to be a viable document and enhance the safety of Project staff and visitors. The contractor will be expected to take a vital interest in safety, hazard, and educate their employees to work and plan their work safely. Proper driving techniques and defensive driving will be practiced preventing vehicle accidents and property damage.

C.1.10.2 In order to provide safety controls for protection to the life and health of employees and other persons; for prevention of damage to property, materials, supplies and equipment; and for avoidance of work interruptions in the performance of this contract, the contractor shall comply with all pertinent provisions of the Federal, State, and local regulations and shall take or cause to be taken such additional measures as the Contracting Officer may determine to be reasonable and necessary for the purpose.

C.1.10.3 Contractor vehicles shall be equipped with 4-way flashers and turn signals in operating condition. Flashers shall be activated when vehicles are parked on or traveling slowly along roadways.

C.1.10.4 Any injury, property damage equipment malfunction or safety hazard observed by the contractor shall be immediately reported to the project personnel.

C.1.10.5 Tractors and self-propelled mowers over twenty (20) drawbar horsepower and/or exceeding 1,000 pounds gross weight shall be equipped with an approved rollover-protection system, flashers, turn signals and seatbelts. Seatbelts shall be worn, and flashers always activated when equipment is in operation. The Contractor's tractors and other slow-moving equipment shall be equipped with the slow-moving vehicle sign. All mowers and trimming equipment shall be equipped and maintained with safety chains, discharge-deflection devices, and/or other approved safety devices in accordance with EM 385-1 to prevent accidental damage or injury from objects thrown by mowers.

C.1.10.6 The contractor shall take such measures to protect the public and property from foreign materials thrown from rotary mowers and other rotating equipment while operating in public use areas and on public roadways.

C.1.11 Other Contractors: The government may undertake or award other contracts for additional work, and the contractor shall fully cooperate with such other contractors and government employees. All work must be carefully planned and fitted not to interfere with such other work. The contractor shall not commit or permit any act that will interfere with the performance of work by other contractors or by government employees.

C.1.12 LOST ARTICLES, VANDALISM, and FACILITIES MALFUNCTION: To assist the visiting public in reclaiming lost articles, all property left by visitors and found during contract operations shall be turned in to the Project Office. Any evidence of vandalism, instances of facilities not operating properly, or facilities in need of repair shall be reported immediately to project personnel.

C.1.13 Coordination with the Project Office: During mowing periods, the Government reserves the right to schedule meetings with the Contractor. The meetings shall be scheduled at the Project Office, as necessary, to ensure strict compliance with the terms of the contract, to coordinate work schedules in compliance with the Scope of Work, and to arrange a satisfactory operating agreement.

C.1.14 SECURITY: The Contractor shall safeguard keys issued to them to perform the services required by this contract. All keys shall be returned to the government upon request and/or completion of the contract. Failure to return keys can result in withholding of payment.

C.2 Definitions and Acronyms: The following definitions and descriptions apply wherever the word, phrase, or acronym is used in this performance work statement.

Acceptable Level of Performance: The maximum percent defective, the maximum number of defects per hundred units, or the number of defects in a lot that can be considered satisfactory on the average. The allowable leeway or variance from a standard before the government will reject the specific service.

Contracting Officer's Representative (COR): An individual designated and authorized in writing by the contracting officer to perform specific technical or administrative functions.

Fully Clothed: Deemed to mean that a sleeved shirt (or T-shirt), trousers, and shoes shall always be worn:

except that this requirement shall not be construed to replace or eliminate the necessity for the wearing of appropriate protective clothing or devices as may be required for the application of various chemicals.

Performance-Based Contract: (FAR 2.101) Structuring all aspects of an acquisition around the purpose of the work to be performed with the contract requirements set forth in clear, specific, and objective terms with measurable outcomes as opposed to either the manner by which the work is to be performed or broad and imprecise.

Performance Requirements Summary (PRS): The PRS shows contract requirements, the component requirements related to each contract requirement, the price of each work requirement as a percentage of the associated contract requirement (Fixed Price Contracts), the standard of performance, and the acceptable quality level (AQL) for each work requirement.

Quality Assurance Surveillance Plan (QASP): An organized written document used by Government for quality assurance surveillance. Document contains sampling/ evaluation guides, checklists, and the performance requirements summary (PRS).

Quality Control (QC): A method used by the Contractor to control the quality of goods and services provided.

Quality Assurance (QA): A method used by the Government to provide some measure of control over the quality of purchased goods and services received.

Roadway Mowing: Right-of-way moving from road shoulder to the tree line. In the absence of a tree line, the distance shall be approximately 30 feet on each side of the road.

"Service contract" A contract that directly engages the time and effort of a contractor whose primary purpose is to perform an identifiable task rather than to furnish an end item of supply. A service contract may cover services performed by either professional or nonprofessional personnel whether on an individual or organizational basis. Some of the areas in which service contracts are found include the following:

(a) Maintenance, overhaul, repair, servicing, rehabilitation, salvage, modernization, or modification of supplies, systems, or equipment.

(b) Routine recurring maintenance of real property.

(c) Housekeeping and base services.

(d) Operation of Government-owned equipment facilities, and systems.

"Shall" means the imperative.

C.3 Government Furnished Equipment, Materials and Supplies.

None

C.4 Contractor Furnished Equipment and Supplies: The Contractor shall furnish all equipment to accomplish the services specified in this PWS. All equipment must be approved by the Contracting Officer or the Contracting Officer's Representative prior to initial use. Equipment breakdown shall not relieve the Contractor of the responsibility of performing the work as specified. The Contractor shall assure that he has, or can obtain on short notice, sufficient backup equipment to continue the services as specified without interruption in the event of mechanical failure of his primary equipment.

C.4.1 Mowers shall be tractor mounted rotary type, capable of producing a smooth even cut, with a cutting height adjustable from 2 to 6 inches. Sickle bar mowers or “flail type” mowers will not be permitted. Blades shall be sharpened and/or replaced often enough to assure a smooth cut. All mowers shall be constructed to distribute grass clippings evenly to prevent clumps or windrows.

C.4.2 Trimming equipment shall consist of power hand mowers, "weed eaters" or other type power trimmers, weed whips, and other equipment and tools as may be appropriate for the task.

C.5 Specific Tasks:

C.5.1 All mowing and trimming shall be completed in an area prior to moving to another area. Grass shall be cut to a height between 2 inches and 3 inches (as directed by the COR). The Government reserves the right to designate the starting point (area or items to be mowed first) when ordering services under this contract. Many regular mowing areas consist of rocky terrain and heavily wooded areas and will require an extensive amount of trimming and hand mowing where larger mowers cannot maneuver satisfactorily.

Trimming shall include the removal of sprouts and heavily weeded growth. Prospective bidders are encouraged to visit and fully inspect all areas, accesses, locations, terrain, etc. prior to bidding. The Government shall not be held liable for conditions at the site that were not taken into account by prospective bidders. Mowing and trimming operations around buildings and roadsides shall be performed so grass clippings are thrown away from buildings and away from the road whenever possible.

C.5.2 Mowing:

C.5.2.1 Mowing operations shall not cause rutting or otherwise disturb existing turf. Tractors shall be operated in such a manner as to protect against the sod being torn by the tractor wheels on turns. Mowing is not permitted when the ground is so wet that operations cause rutting or otherwise disturbs existing turf.

C.5.2.2 All mowers (large and small) shall be compatible with each other in mowing height and appearance of cut grass. After mowing, areas serviced under this contract shall present a neat, well-cared-for evenly mowed appearance, free from ruts or any un-mowed strips or streaks.

C.5.3 Trimming:

C.5.3.1 Trimming is required in all areas. Grass and weeds shall be trimmed around trees, shrubs, buildings, fences, poles, posts, water hydrants, parking lots, curbs, parking lot bumper blocks (both sides), sidewalks, boulders, playgrounds, beaches, boat ramps and other fixed obstacles.

C.5.3.2 Trimming height shall match surrounding area grass heights. All areas shall be trimmed simultaneously, or immediately following mowing, and in all instances shall be completed no later than 24 consecutive hours after mowing.

C.5.3.3 Immediately following trimming, the Contractor shall remove grass clippings or debris deposited because of mowing and trimming operations from all sidewalks, concrete surfaces, entrances into buildings, and building interiors.

C.5.3.4 All camp pads, hydrant enclosures and dumpster enclosures are sprayed for vegetation control. The Contractor shall trim all dead vegetation and any grass and/or weeds growing along or within graveled camp pads, graveled hydrant enclosures and/or dumpster enclosures areas.

C.5.3.5 Extreme care shall be exercised when mowing and trimming around trees, bushes, shrubs, buildings, and other objects to ensure that equipment does not come in contact with the object. All costs of repair or replacement in size, kind and type resulting from damage by the Contractor's equipment shall be borne by the Contractor. Repair or replacement shall occur with 30 calendar days of noticed damage.

C.6 Applicable Publications and Forms

C.6.1 MAP: Information on Pomona Lake can be found on the Internet at:

http://www.nwk.usace.army.mil/harryst/hst_home.htm http://www.nwk.usace.mil/pomona/pomona_home.htm

C.6.3 Engineer Federal Acquisition Regulation Supplement (EFARS)

C.6.4 Engineer Manual (EM) 385-1 Safety

Performance Requirements Summary (PRS)

Section (Para)

Contract Requirement

Performance Standard Lot Description

ALP (%) Method of Surveillance

C.5.1

Mowing & Trimming

Grass shall be mowed to a height of 2” to 3” with no streaks or strips

Acre

2%

Random Sample

C.5.2

Mowing

Protect turf from equipment damage

# areas serviced

4%

C.5.3

Trimming

Grass and weeds are trimmed around fixed objects at the same time as mowing and to the same height standard. Fixed objects not damaged

Linear feet or #fixed objects

C.5.3.3

Remove debris, clippings

Sidewalks, roads, building entrances and interiors free of clippings and other debris

# tasks

Sample, Validated Customer Complaint

AT-OPSEC

ANTITERRORISM/OPERATION SECURITY REQUIREMENTS

1. General security requirements and guidance: The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)).

Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the

Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures --this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures All contractor and all associated sub‐contractors’ employees will receive a CORPS Watch information paper (provided by the authorized government representative) and provide a written acknowledgement to the COR, no later than 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract.

2. Physical security and access control requirements: All contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of that location. Contract personnel requiring unescorted access to meet contract performance requirements on a DoD installation in the US shall be vetted by the installation/facility Provost Marshal/Directorate of Emergency Services/Security Office using the National Crime Information Center-Interstate Identification Index (commonly referred to as “NCIC-III”) and Terrorist Screening Database (commonly referred to as “TSDB”). Contract personnel shall comply with all personal identity verification requirements specified in installation/facility policies and procedures. Contract personnel who do not meet requirements for unescorted access to USACE facilities shall coordinate escorted access with the Government representative, as needed. Contract personnel who receive keys, access cards, or lock combinations that provide access to government-owned property shall comply with key and lock control procedures of the

RA.

3. Suspicious Activity Reporting training (e.g. iWATCH, CorpsWatch, or See Something, Say Something):

All contract personnel shall receive initial and annual refresher training from the RA representative on the local suspicious activity reporting program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity.

4. Pre-screen candidates using E-Verify Program: Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E- Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements. Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/ eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

Section E - Inspection and Acceptance

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

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-APR-2024 TO

31-MAR-2025

N/A USACE, KANSAS CITY +

SCOTT RICE

POMONA LAKE PROJECT OFFICE 5260

POMONA DAM R

VASSAR KS 66543

8163893459

966221

0002 POP 01-APR-2025 TO

31-MAR-2026

N/A (SAME AS PREVIOUS LOCATION)

966221

Section G - Contract Administration Data

ACCOUNTING AND APPROPRIATION DATA

AA: 96X31230000 082416 2540539BG8014280 NA 96231

AMOUNT: $9,000.00

ACRN CLIN/SLIN CIN AMOUNT

AA 0001 000000000000000000000000000000 $9,000.00

Section H - Special Contract Requirements

WAGE DETERMINATIONS

Wage Determination Applicable Wage Determination, Service Contract At WD #2015-5339 Revision # 22;

Last Revised Date: 26 Dec 2023.

A hard copy will be provided upon request.

Link provided:

https://sam.gov/wage-determination/2015-5339/22

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021

52.222-43 Fair Labor Standards Act And Service Contract Labor Standards - Price Adjustment (Multiple Year And Option Contracts)

AUG 2018

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-15 Energy Efficiency in Energy-Consuming Products MAY 2020 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-16 Progress Payments NOV 2021 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

JAN 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

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 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

252.244-7000 Subcontracts for Commercial Products or Commercial Services

NOV 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

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.

(…