Solicitation Asphalt - W91QF425BA003 20250304.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR

INFORMATION CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

INVITATION FOR BID

NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF PAGES

AWARD (To be completed by Government)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES

CODE AT

27. PAYMENT WILL BE MADE BY

10 U.S.C. 3204(a) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

Section A - Solicitation/Contract Form

Asphalt Grant Avenue

BID NOTES

The word "remove" herein shall be understood to mean "remove and dispose of in a lawful manner off the installation".

The word "provide" herein shall be understood to mean "furnish and install".

The term "Offeror(s) " may be utilized interchangeably with the term "Bidders(s)" however, use of the term "Offeror" in place of "Bidder" does not constitute a material change Sealed Bidding procedures in accordance with FAR Part 14 and/ or Evaluation Factors contained with Section "M" of this IFB.

W91QF425BA003

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

Asphalt - Grant Avenue Contract to mill and overlay Grant Avenue from Coady Road to Pope Avenue. The work to be done consists of furnishing all plant, labor, equipment, and materials as well as performing all work in strict accordance with the drawings and specifications for Flexible Pavement Requirements and Miscellaneous Construction and Repairs at Fort Leavenworth, Kansas.

All work performed by the Contractor shall result in a complete and functional system.

Product Service Code: Z2LB Pricing Arrangement: Firm Fixed Price

1 Job

Payment & Performance Bonds

Product Service Code: Z2LB Pricing Arrangement: Firm Fixed Price

1 Job

Section C - Description/Specifications/Statement of Work

SOW

See attachment in section "J".

Requirements The Government requires performance of work described in these documents:

1. This Solicitation is 100% Set Aside for Small Business.

2. FAR Clause 52.228-1 provides Required Bid Guarantees for this project.

3. The Magnitude of Contruction is provided IAW FAR 36.204 (d) $250,000.00 and $500,000.00.

4. Site Visit (IFB) review - Reference Site Visit Provision 52.236-27 for details.

NOTICE: Bidders are responsible to routinely check referenced websites in accordance with (IAW) FAR Part 52.252-1. All Bidders must adhere to FAR Part 52.214-3 f or Amendments to the solicitation and to acknowledge amendments. Failure to properly acknowledge amendments prior to hour and date specified for receipts of bids will result in bid rejection.

Section D - Packaging and Marking

PACKAGING AND MARKING

D.1. SHIPPING ADDRESS

All shipments of materials, equipment and/or supplies shall be addressed to the Contractor and not to the Government. The Contractor shall retain full responsibility for the delivery and acceptance of shipments to this installation or elsewhere that are required for the completion of this task order.

D.2. PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

The Government singularly identifies each Task Order with a Task Order number at time of award. The Task Order number is a unique identifier to purposely and permanently represent an awarded project. The Government issued Task Order number is to be referenced on all official communications starting upon notice of award.

D.3. PACKAGE MARKING

The packing of deliverables, containers, and packages to be delivered pursuant to the requirements of each individual Task Order shall be in accordance with the instructions provided with each Task Order and shall be marked with the following information:

Contract Number (example - W91QF4-25-C-0001) Short title of contract/job order requirement (Asphalt Grant Avenue)

Section E - Inspection and Acceptance

INSPECTION & ACCEPTANCE

E.1. QUALITY CONTROL

When the Contractor is ready for final inspection; they shall request final inspection in writing to their assigned DPW Inspector. The final inspection shall be requested a minimum of two (2) workdays prior to desired final inspection date. Prior to a request for final inspection, the Contractor's Quality Control (QC) representative shall conduct an inspection and ensure that all work has been completed and is in compliance with all Task Order documents. The Contractor's QC representative will provide a copy of their inspection report to the Government's Inspector with a copy of the status of deficiency correction, if applicable.

E.2. INSPECTION PHASES

In the event there are phases of work that will cover or mask a contractor's work, it is the sole responsibility of the contractor to ensure acceptance of that phase of work prior to continuance of the follow-on phase of work. Should the contractor disregard this information, they may be subject to the Contracting Officer's discretion to tear out or remove the covered or masked work completed prior to allow for Government inspection. Should corrections by the contractor be required, the costs for removal and re-installation of the work will be the responsibility of the contractor. (e.g. drywall installed that covers electrical wiring prior to Government inspection would then have to be removed for Government inspection and subsequently re-installed by the contractor at their costs if the wiring contained deficiencies)

E.3. INSPECTION AND ACCEPTANCE

The Contractor's representative(s) shall be present during final inspection. Any discrepancies noted will be corrected within the time specified by the Contracting Officer or their designated representative and prior to final payment. Inspection and Acceptance point will be at destination specified in each Task Order.

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.246-12 Inspection of Construction. Aug 1996

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: W90F2S CountryCode: USA

W6B7 USAG FT LEAVENWORTH

440 MCPHERSON AVE BLDG 304, FORT LEAVENWORTH KS 66027-1360

FORT LEAVENWORTH, KS 66027-1360

UNITED STATES

Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: W90F2S CountryCode: USA

W6B7 USAG FT LEAVENWORTH

440 MCPHERSON AVE BLDG 304, FORT LEAVENWORTH KS 66027-1360

FORT LEAVENWORTH, KS 66027-1360

UNITED STATES

Section F - Deliveries or Performance

Overall Contract Delivery Period

From 15 May 2025 to 21 Nov 2025

From date of lead time event to beginning of performance 10 Calendar Days Date of Notice to Proceed Receipt

From date of lead time event to completion of performance 180 Calendar Days Date of Notice to Proceed Receipt

Line Item Delivery Schedule Quantity Address and POC

Delivery Schedule From date of lead time event to completion of performance 180 Calendar Days Date of Notice to Proceed Receipt

Period of Performance From 15 May 2025 To 21 Nov 2025

1 Job Place of Performance DoDAAC: W90F2S CountryCode: USA

W6B7 USAG FT LEAVENWORTH

440 MCPHERSON AVE BLDG 304, FORT

LEAVENWORTH KS 66027-1360

FORT LEAVENWORTH, KS 66027-1360

UNITED STATES

Delivery Schedule From date of lead time event to beginning of performance 10 Calendar Days Date of Award Receipt

Period of Performance From 15 May 2025 To 30 May 2025

1 Job Ship To DoDAAC: W91QF4 CountryCode: USA

W6QM MICC-FT LEAVENWORTH

535 KEARNY AVENUE, BLDG 338

FORT LEAVENWORTH, KS 66027-0000

UNITED STATES

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.211-18 Variation in Estimated Quantity. Apr 1984 52.247-34 F.o.b. Destination. Nov 1991

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.201-7000 Contracting Officer's Representative. Dec 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.236-7000 Modification Proposals--Price Breakdown. Dec 1991

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.

authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) To access WAWF, the Contractor shall- WAWF access.

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.

Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer WAWF methods of document submission.

Protocol.

(f) The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF payment instructions.

WAWF for this contract or task or delivery order:

(1) The Contractor shall submit payment requests using the following document type(s): Document type.

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

W90F2S - Construction

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF Document routing.

when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC HQ0490

Issue By DoDAAC W91QF4____

Admin DoDAAC W91QF4_

Inspect By DoDAAC W90F2S____

Ship To Code W90F2S

Ship From Code NA

Mark For Code NA

Service Approver (DoDAAC) NA

Service Acceptor (DoDAAC) NA

Accept at Other DoDAAC _NA___

LPO DoDAAC _NA___

DCAA Auditor DoDAAC NA____

Other DoDAAC(s) _NA___

(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.

accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.

(g) WAWF point of contact.

WAWF Acceptor - TBD

Alternate WAWF Acceptor - TBD

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

Contract Specialist - Jenn Walker - jennifer.s.walker12.civ@army.mil - 520-945-9613

Contracting Officer - Felipe Zaragoza - felipe.d.zaragoza.civ@army.mil - 520-944-6862

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Section H - Special Contract Requirements

LOCAL INSTRUCTIONS

H-1. WAGE DETERMINATION

A copy of Wage Determination Number KS20250141, Highway, issued 01/03/2025, contained in the Register of Wage Determinations applicable to this order may be accessed at: and is referenced in Section "J".https://sam.gov/content/wage-determinations

H-2. RESPONSIBILITY FOR ADMINISTRATION OF CONTRACT

a. The Contracting Officer is responsible for the administration of this contract. The Contracting Officer alone is authorized to the extent indicated in the contract to take action on behalf of the government which results in changes in the terms of the contract, including deviations from specifications, details and delivery schedules. Communications pertaining to contractual administrative matters will be addressed to the Contracting Officer. No changes in or deviation from the scope of work shall be affected without a written modification to the contract executed by the Contracting Officer.

BPA Calls will be issued by a Warranted Contracting Officer.

b. No oral statement of any person will in any manner or degree, modify or otherwise affect the terms of this contract. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract, and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the Contracting Officer.

c. All matters pertaining to Government administration of this contract should be directed to:

ATTN: FELIPE D. ZARAGOZA

MICC-LEAVENWORTH

535 KEARNY AVE., ROOM102

FORT LEAVENWORTH, KS66027-1138

TELEPHONE NUMBER: (520) 944-3862

FAX NUMBER: (913)684-1610

EMAIL ADDRESS: felipe.d.zaragoza.civ@army.mil

H-3. CONTRACTOR CORRESPONDENCE AND CONTRACTUAL DOCUMENT SUBMISSIONS

All Contractor and subcontractor originated correspondence under this contract shall be on or attached to the Prime Contractor's letterhead, except in the case where pre-printed Government forms are used, shall be typed or handwritten in a legible manner, and shall be submitted in the signed original, with supporting copies as required by the Contracting Officer or their designated representative. All contractual documents shall be submitted to the Government in an electronic format and accessible through Microsoft Word/Excel or Adobe Reader (.pdf), unless otherwise stated.

H-4. PRECONSTRUCTION CONFERENCE

A Preconstruction Conference will be scheduled by the Contracting Officer after contract award and prior to the time and date set for commencement of work. The meeting will be held at Fort Leavenworth. At this meeting, the Contractor will be oriented with respect to Government procedures and lines of authority, as well as contractual, administrative, and construction matters. The Contractor is required to furnish:

- Current Certificate of Insurance (Updated certificate is required annually for the base contract)

- Letter appointing the Project Manager and other company key personnel associated with project execution.

- Proposed Project Schedule of Performance (DRAFT FORM)

- Proposed Schedule of Values (SOV) based upon the planned allocation of construction by division, and/or materials and labor where appropriate shall be submitted at the pre-construction meeting or at a minimum prior to invoicing through Wide Area Workflow (WAWF).

- FAR 28.102, the Contractor shall furnish all payment bonds exceeding $35,000. Both Payment and Performance bonds are required for requirements exceeding $150,000.00.

- Ensure administrative personnel are aware weekly Payrolls are to be sent to the Contracting Officer at the following e-mail address usarmy.

leavenworth.acc-micc.mbx.construction@mail.mil utilizing the contract number with task order number, building number and payroll end date as the naming convention for both the e-mail subject line and the title of the file. (see below) (e.g. W91QF4-25-C-0001_Bldg_#56_W-E_24Jan19)

H-5. RESTRICTIVE USE OF CAMERAS, VIDEOS, AND DIGITAL CAMERA DEVICES

Installation security measures prohibit prospective bidders and contractors from taking pictures and/or videos on Post may be considered a violation of Installation Security and prosecution of such violations may be subsequently induced. Use of cameras or other picture

W91QF425BA003

https://sam.gov/content/wage-determinations https://sam.gov/content/wage-determinations taking devices without proper approval unless prior permission is sought and received from the Contracting Officer. Permission may be sought by contacting the Contracting Officer verbally or in writing.

H-6. RESTRICTED ACCESS TO MILITARY INSTALLATION - COOPERATION WITH FORCE PROTECTION MEASURES

a. The contractor agrees to abide by and cooperate with Force Protection measures that are implemented on the military installation.

b. The Contractor shall comply with, and in the instance of contractor/sub-contractor employees, shall ensure compliance with the following instructions when access to the Fort Leavenworth installation/facilities are required for contract performance. These local instructions are incorporated in this contract, in order to implement local installation antiterrorism/operations security policies and procedures, and to supplement Federal Acquisition Regulation (FAR) clause 52.204-9, which, if applicable to this contract, is located in Section I of the contract. In the event of conflict between any portion of this supplement and/or FAR 52.204-9; and any other provision within the SOW, PWS, or specifications; clause 52.204-9 (if listed in Section I) shall take precedence. In the event of conflict between this supplement and any other provision within the SOW, PWS, or specifications, this supplement shall take precedence.

(i) An un-cleared contractor is an individual who falls into one of two categories: (1) CAC-eligible; and (2) Non-CAC eligible. The Common Access Card (CAC) is the DoD federal personal identity verification credential. CAC Eligibility is defined in Army Directive 2014-05, dated March 7, 2014.

(ii) Army Directive 2014-05 provides that all contractor and/or subcontractor personnel who do not possess a CAC, another Federal personal identity verification card, or other authorized DoD identification card and who require unescorted access to Army installations must have a validated need for such access and undergo a vetting process to determine their fitness for access. Accordingly, non-CAC eligible, uncleared contractor and/or subcontractor personnel requiring access to the Fort Leavenworth installation and facilities, to perform under this contract, will submit personal identity information through the Fort Leavenworth Installation Pass implementation.

c. Contractors and Contract Employees may obtain a Locally Approved Credential (LAC) for up to 365 days for entry through Grant or Hancock Gates. See location & hours of operation at the following - https://garrison.leavenworth.army.mil/index.php/my-fort/allservices/gate-information

d. Prime contractors can direct their Sub-contractors to the Visitor Control Center in order to obtain a 30-day pass. See location & hours of operation at the following - https://garrison.leavenworth.army.mil/index.php/my-fort/all-services/gate-information

e. Personnel entering the Fort Leavenworth Visitor Control Center must contain a valid driver's license, registration and proof of insurance and that of all passengers must have a either a driver's license or other form of government photo ID. Following a routine background check, visitors will receive a Temporary Pass and Instructions allowing them to enter the installation.

H-7. COMPLIANCE WITH ENVIRONMENTAL / OCCUPATIONAL SAFETY AND HEALTH LAWS

a. The Contractor understands the responsibility for compliance with federal, state, and local laws, rules, and regulations pertaining to environmental protection, occupational health and safety, and transportation, storage, and disposal of hazardous materials and hazardous waste is the sole responsibility of the contractor. This shall include, but not be limited to: all responsibilities of an "owner or operator" of all equipment used by the Contractor and of the areas in which work is being done from the time when the Contractor begins work until the work is accepted and the worksite cleaned up and cleared, and the sole responsibility for compliance with all Army regulations pertaining to hauling and disposal of materials, as well as all federal and Kansas laws and local ordinances regulating the hauling and disposal of hazardous materials and hazardous waste. This clause is meant to supplement, not replace, any requirements pertaining to compliance with the law or safety requirements contained elsewhere in this contract.

b. The Contractor shall be solely responsible for all costs of compliance with all such laws, rules, and regulations, to include all training of personnel, submission of permit and license applications, purchases of materials, payment of applicable fees and taxes, and payment of fines and penalties for noncompliance. The U.S. Government shall not pay fines or penalties resulting from noncompliance and shall not pay fees required to maintain and process required records or permit applications necessary to perform this contract. Should the Government choose to do so, it may, but does not have to, correct violations of environmental and occupational and safety laws which the Contractor fails to correct after reasonable notice; if the Government chooses to correct the violation(s), as opposed to having the Contractor do so, the Contractor shall reimburse to the Government all direct and indirect costs of correcting the violation(s).

c. The Contractor understands that compliance with all environmental and occupational safety and health laws is a part of this contract to which the Government is entitled to strict compliance. The Contractor understands it has no authority to dispose of government waste in absence of the necessary regulatory authorizations. The Contractor further agrees to notify the Government if the Contractor is (1) cited as being in violation of federal, state, or local waste disposal regulations; or (2) loses its authority to haul or dispose of waste under federal or state laws. Delays caused by the Contractor's need to comply with such laws, or resulting from failure to comply with such laws, shall not result in any equitable adjustments or claims under this contract nor excuse the Contractor's obligation to complete the work under the contract.

d. The Contractor shall notify the Contracting Officer or their designated representative immediately upon discovery of exposure to lead, other hazardous waste or substances, or asbestos to the air, land, or water in any location in which the Contractor is required by law to report the exposure to a regulatory agency. In the event that such exposure is the result of any action of the Contractor, the Contractor will cease work immediately and notify the Contracting Officer. The Contractor understands that there will be no equitable adjustment for time lost or expenses incurred as a result of the need to correct any such exposure which is the result of negligent or intentional acts of Contractor personnel.

e. The Contracting Officer or their designated representative shall be allowed access to Contractor files and Contractor's personnel files as they see fit to ensure compliance with this clause. All regulatory agencies, from any level of government, whose responsibilities includes inspection and appropriate other action, shall be allowed to inspect the worksite to the extent necessary to carry out their responsibilities. A copy of this clause, without changes, shall be inserted into any subcontracts. Performance of the subcontractor, to include compliance with this clause, shall be the responsibility of the Contractor.

f. If any Hazardous Waste (HW) is generated during the course of the project, the contractor will be responsible for the proper disposal and payment of all HW IAW 40 CFR, 49 CFR and Kansas Department of Health and Environment (KDHE) Chapter 65 Article 34 and Article 31.

g. The contractor will provide all containers required to ship any HW using only approved UN shipping containers for the type of waste being shipped.

W91QF425BA003

https://garrison.leavenworth.army.mil/index.php/my-fort/allservices/gate-information https://garrison.leavenworth.army.mil/index.php/my-fort/all-services/gate-information

h. Ft. Leavenworth Environmental will be notified when any containers are opened for use and will provide labeling using the HMMS HW tracking system.

i. The contractor will be liable for all fines and notice of violations (NOV's) which may occur from either the EPA or KDHE for improper handling of any HW.

j. Ft. Leavenworth Environmental are the only persons designated to sign any HW manifests, a copy of all shipments of HW that will require a Bill of Lading will be reviewed by and given to the Environmental Office.

H-8. COMPLIANCE WITH HAZARDOUS WASTE SHIPMENTS

Many contracts onboard Ft. Leavenworth require the contractor to ship his hazardous waste from the post. Prior to shipment, there are a few items that are required prior to Ft. Leavenworth Environmental signing the manifest and releasing the items for transport. These requirements are listed below and must be given to the base environmental at a minimum of 2 working days prior to the desired shipping date.

- A licensed transporter must transport waste.

- Waste must go to a permitted facility.

- Waste must be properly packaged and labeled IAW 40/49 CFR.

- Copy of the analysis for the waste/s going out.

- Copy of the profile.

- Letter from disposal facility allowing the waste and profile to be accepted at their facility.

- Copy of Manifest

- Copy of any land disposal restrictions (LDR).

These items can be faxed to (913) 684-8978 Attn. HW Manager or hand delivered to the Environmental Division for approval.

The following information will be needed on the manifest:

- Block 1 generators EPA ID number KS4213720499

- Block 5 generators name and address

- US Army Combined Arms CTR and Ft. Leavenworth

- 810 McClellan Ave

- Ft. Leavenworth, KS 66027

- Generators phone (520) 692-6258

H-9. SAFETY AND ACCIDENT PREVENTION

In performing work under this contract, the Contractor shall--addressed in this contract:

a. Conform to the specific safety requirements established by this contract.

b. In accordance with DA PAM 385-10 24 July 2023, a site-specific safety plan is REQUIRED.

c. Comply with the safety rules of the Government installation that concern related activities not directly accident prevention.

d. Take all reasonable steps and precautions to prevent accidents and preserve the life and health of Contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and

e. Take such additional immediate precautions as the Contracting Officer may reasonably require for safety and

f. The installation Safety Officer will be responsible for monitoring the Contractor in the area of safety and accident prevention purposes.

H-11. KANSAS SALES AND USE TAX

Notwithstanding any other provisions of the contract, the contract price excludes the Kansas retailer's sales tax and compensating (use) tax on all sales of tangible personal property or services purchased by the Contractor or subcontractors for the sustainment, restoration, or repairs of buildings or other projects called for by this contract. In accordance with Kan. Stats. Anno. Sec 79-3606(e), the Contracting Officer will upon request from the Contractor obtain from the State and furnish an exemption certificate for this project for the use by the Contractor and subcontractors in the purchase of materials for incorporation in the project and of services. The Contractor and the subcontractors shall furnish the number of such certificate to all suppliers from whom such purchases are made, and the suppliers shall execute invoices covering the same bearing the number of such certificate.

Pursuant to a 1977 amendment to K.S.A., 1976 Supp., 79-3606(e), effective 1 July 1977, the Contractor is required to retain all invoices for a period of 5 years during which time these invoices are subject to audit by the Kansas Director of Taxation. Upon completion of the project, the Contractor shall complete the Project Completion Certificate (Form STD 77, REV. 6/77) in duplicate, returning one copy to the Contracting Officer, and forwarding the other to the Kansas Director of Taxation.

H-12. CONDUCT OF EMPLOYEES

The contractor is fully responsible for the performance and conduct of his employees at all times while on post performing under this contract. The contractor shall not allow any employee to perform work under this contract while under the influence of alcohol, drugs, or any other incapacitating agent. Military police and other law enforcement personnel on post have the right to deny entry to post or remove from post any contractor employee for misconduct which endangers the health or safety of people or property or for reasons of security. In addition, the Post Commander may bar any individual from entering the post under the authority of 18 U.S.C. 1382. Removal from post of a contractor employee in accordance with the above shall not relieve the contractor from the requirements to meet all of the terms and conditions of the contract; nor shall such removal be grounds for the contractor to file a claim.

H-13. ADVERTISING ON CONTRACTOR VEHICLES

Advertising displayed on Contractor vehicles is permitted provided that the advertising is so worded as not to imply Army or United States Government approval or sanction of the advertised service and is not embarrassing or detrimental to the Government.

H-15. A/T and OPSEC REQUIREMENTS

AT Level I Training. All contractor employees, to include subcontractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR (assigned DPW Inspector) or to the contracting officer, if a COR (assigned DPW Inspector) is not assigned, within 5 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: http://jko.jten.mil/courses/atl1/launch.html.

iWATCH Training. The contractor and all associated subcontractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees' commencing performance, with the results reported to the COR within 10 calendar days after completion of training by all employees and subcontractor personnel. iWATCH awareness training is available at the following website: (If weblink is not operable, contact the Contracting Officer for the training slides) usarmy.leavenworth.id-training.list.dptms-iwatch@army.mil

OPSEC. Per AR 530-1, Operations Security, new contractor employees must complete Level I OPSEC training within 30 calendar days of their reporting for duty. All contractor employees must complete annual OPSEC awareness training at the following website: http://securityawareness.

usalearning.gov/opsec/index.htm.

Access and general protection/security policy and procedures. Contractor and all associated sub-contractors' employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

For contractors requiring Common Access Card (CAC). Before CAC issuance, the contractor employee requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014-05. The contractor employee will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an initial CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management.

For contractors that do not require CAC, but require access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

Section I - Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.202-1 Definitions. Jun 2020 52.203-3 Gratuities. Apr 1984 52.203-5 Covenant Against Contingent Fees. May 2014 52.203-7 Anti-Kickback Procedures. Jun 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. May 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. Jun 2020 52.203-17 Contractor Employee Whistleblower Rights. Nov 2023 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 52.204-9 Personal Identity Verification of Contractor Personnel. Jan 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. Jun 2020 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014

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

Dec 2023

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

Nov 2021

52.204-27 Prohibition on a ByteDance Covered Application. Jun 2023

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.

Nov 2021

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.211-13 Time Extensions. Sep 2000 52.214-29 Order of Precedence-Sealed Bidding. Jan 1986 52.215-8 Order of Precedence-Uniform Contract Format. Oct 1997 52.215-19 Notification of Ownership Changes. Oct 1997 52.219-6 Notice of Total Small Business Set-Aside. Nov 2020 52.222-1 Notice to the Government of Labor Disputes. Feb 1997 52.222-3 Convict Labor. Jun 2003 52.222-6 Construction Wage Rate Requirements. Aug 2018 52.222-7 Withholding of Funds. May 2014 52.222-8 Payrolls and Basic Records. Jul 2021 52.222-9 Apprentices and Trainees. Jul 2005 52.222-10 Compliance with Copeland Act Requirements. Feb 1988 52.222-11 Subcontracts (Labor Standards). May 2014 52.222-12 Contract Termination-Debarment. May 2014 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. May 2014 52.222-14 Disputes Concerning Labor Standards. Feb 1988 52.222-15 Certification of Eligibility. May 2014 52.222-21 Prohibition of Segregated Facilities. Apr 2015 52.222-26 Equal Opportunity. Sep 2016 52.222-27 Affirmative Action Compliance Requirements for Construction. Apr 2015 52.222-32 Construction Wage Rate Requirements-Price Adjustment (Actual Method). Aug 2018 52.222-35 Equal Opportunity for Veterans. Jun 2020 52.222-36 Equal Opportunity for Workers with Disabilities. Jun 2020 52.222-50 Combating Trafficking in Persons. Nov 2021 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. Jan 2022 52.223-21 Foams. May 2024 52.223-23 Sustainable Products and Services. May 2024 52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. May 2024 52.227-4 Patent Indemnity-Construction Contracts. Dec 2007 52.228-2 Additional Bond Security. Oct 1997 52.228-5 Insurance-Work on a Government Installation. Jan 1997 52.228-11 Individual Surety-Pledge of Assets. Feb 2021 52.228-14 Irrevocable Letter of Credit. Nov 2014 52.229-3 Federal, State, and Local Taxes. Feb 2013 52.232-11 Extras. Apr 1984 52.232-17 Interest. May 2014 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.233-1 Disputes. May 2014 52.233-3 Protest after Award. Aug 1996

52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004 52.236-2 Differing Site Conditions. Apr 1984 52.236-3 Site Investigation and Conditions Affecting the Work. Apr 1984 52.236-5 Material and Workmanship. Apr 1984 52.236-6 Superintendence by the Contractor. Apr 1984 52.236-7 Permits and Responsibilities. Nov 1991 52.236-8 Other Contracts. Apr 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. Apr 1984 52.236-10 Operations and Storage Areas. Apr 1984 52.236-12 Cleaning Up. Apr 1984 52.236-13 Accident Prevention. Nov 1991 52.236-14 Availability and Use of Utility Services. Apr 1984 52.236-15 Schedules for Construction Contracts. Apr 1984 52.236-17 Layout of Work. Apr 1984 52.236-21 Specifications and Drawings for Construction. Feb 1997 52.242-13 Bankruptcy. Jul 1995 52.242-14 Suspension of Work. Apr 1984 52.243-4 Changes. Jun 2007 52.243-5 Changes and Changed Conditions. Apr 1984 52.244-6 Subcontracts for Commercial Products and Commercial Services. Nov 2024 52.247-5 Familiarization with Conditions. Apr 1984 52.249-2 Termination for Convenience of the Government (Fixed-Price). Apr 2012 52.249-4 Termination for Convenience of the Government (Services) (Short Form). Apr 1984 52.249-10 Default (Fixed-Price Construction). Apr 1984

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

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 252.203-7003 Agency Office of the Inspector General. Aug 2019 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. May 2024

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

Jan 2023

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

May 2019

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. Sep 2014 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7048 Export-Controlled Items. Jun 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.226-7003 Drug-Free Work Force. Aug 2024 252.232-7010 Levies on Contract Payments. Dec 2006 252.235-7003 Frequency Authorization. Mar 2014 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations. Oct 2010

FAR Clauses Incorporated by Full Text

52.211-10 Commencement, Prosecution, and Completion of Work. (Apr 1984)

As prescribed in , insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated. The 11.404(b) clause may be changed to accommodate the issuance of orders under indefinite-delivery contracts for construction.

Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to (a) commence work under this contract within calendar days after the date the Contractor receives the notice to 10 proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the completion days specified within the

.* The time stated for completion shall include final cleanup of the premises.award delivery schedule

* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

(End of clause)

52.211-12 Liquidated Damages-Construction. (Sep 2000)

As prescribed in , insert the following clause in solicitations and contracts:11.503(b)

Liquidated Damages-Construction (Sept 2000)

If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the (a) Government in the amount of for each calendar day of delay until the work is completed or accepted.$351.45

If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These (b) liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

52.216-4 Economic Price Adjustment-Labor and Material. (Jan 2017)

As prescribed in 16.203-4(c), insert the following clause:

Economic Price Adjustment-Labor and Material (Jan 2017)

(a) The Contractor shall notify the Contracting Officer if, at any time during contract performance, the rate of pay for labor (including fringe benefits) or the unit prices for material shown in the Schedule either increase or decrease. The Contractor shall furnish this notice within 60 days after the increase or decrease, or within any additional period that the Contracting Officer may approve in writing, but not later than the date of final payment under this contract. The notice shall include the Contractor's proposal for an adjustment in the contract unit prices to be negotiated under paragraph

(b) of this clause, and shall include, in the form required by the Contracting Officer, supporting data explaining the cause, effective date, and amount of the increase or decrease and the amount of the Contractor's adjustment proposal.

(b) Promptly after the Contracting Officer receives the notice and data under paragraph (a) of this clause, the Contracting Officer and the Contractor shall negotiate a price adjustment in the contract unit prices and its effective date. However, the Contracting Officer may postpone the negotiations until an accumulation of increases and decreases in the labor rates (including fringe benefits) and unit prices of material shown in the Schedule results in an adjustment allowable under paragraph (c)(3) of this clause. The Contracting Officer shall modify this contract (1)to include the price adjustment and its effective date and (2)to revise the labor rates (including fringe benefits) or unit prices of material as shown in the Schedule to reflect the increases or decreases resulting from the adjustment. The Contractor shall continue performance pending agreement on, or determination of, any adjustment and its effective date.

(c) Any price adjustment under this clause is subject to the following limitations:

(1) Any adjustment shall be limited to the effect on unit prices of the increases or decreases in the rates of pay for labor (including fringe benefits) or unit prices for material shown in the Schedule. There shall be no adjustment for-

(i) Supplies or services for which the production cost is not affected by such changes;

(ii) Changes in rates or unit prices other than those shown in the Schedule; or

(iii) Changes in the quantities of labor or material used from those shown in the Schedule for each item.

(2) No upward adjustment shall apply to supplies or services that are required to be delivered or performed before the effective date of the adjustment, unless the Contractor's failure to deliver or perform according to the delivery schedule results from…