Solicitation Final.pdf

SEE ADDENDUM

(No Collect Calls)

W912DR24Q0029 27-Mar-2024

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

09:00 AM 29 Apr 2024

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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.

W912DR9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ASHLEY M FLAHERTY

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

0 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

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

(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 FACILITY

OFFEROR CODE

USACE, BALTIMORE

2 HOPKINS PLAZA

BALTIMORE MD 21201

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W912DR 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

SUSQUEHANNA RIVER PROJECT

BRIAN LUPREK

306 RAILROAD STREET SECOND FLOOR - REAR

DANVILLE PA 17821-2042

TEL: 570-649-6855 FAX:

FAX:

TEL: 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:

TEL:

31c. DATE SIGNED

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)

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.

W912DR24Q0029

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 4 Each Mow Broome County, Full Cycle Base Yr

FFP

Mow Broome County, Full Cycle Base Yr FOB: Destination

PSC CD: S208

NET AMT

0002 2 Each Mow Oxford LFPP, Full Cycle Base Yr

FFP

Mow Oxford LFPP, Full Cycle Base Yr

0003 4 Each Mow Steuben County, Full Cycle Base Yr

FFP

Mow Steuben County, Full Cycle Base Yr

0004 2 Each Mow Almond, Full Cycle Base Yr

FFP

Mow Almond, Full Cycle Base Yr

1001 4 Each OPTION Mow Broome County, Full Cycle Opt YR 1

FFP

Mow Broome County, Full Cycle Opt YR 1

1002 2 Each OPTION Mow Oxford LFPP, Full Cycle Opt Yr 1

FFP

Mow Oxford LFPP, Full Cycle Opt Yr 1

1003 4 Each OPTION Mow Steuben County, Full Cycle Opt Yr 1

FFP

Mow Steuben County, Full Cycle Opt Yr 1

1004 2 Each OPTION Mow Almond, Full Cycle Opt Yr 1

FFP

Mow Almond, Full Cycle Opt Yr 1

2001 4 Each OPTION Mow Broome County, Full Cycle Opt Yr 2

FFP

Mow Broome County, Full Cycle Opt Yr 2

2002 2 Each OPTION Mow Oxford LFPP, Full Cycle Opt Yr 2

FFP

Mow Oxford LFPP, Full Cycle Opt Yr 2

2003 4 Each OPTION Mow Steuben County, Full Cycle Opt Yr 2

FFP

Mow Steuben County, Full Cycle Opt Yr 2

2004 2 Each OPTION Mow Almond, Full Cycle Opt Yr 2

FFP

Mow Almond, Full Cycle Opt Yr 2

3001 4 Each OPTION Mow Broome County, Full Cycle Opt Yr 3

FFP

Mow Broome County, Full Cycle Opt Yr 3

3002 2 Each OPTION Mow Oxford LFPP, Full Cycle Opt Yr 3

FFP

Mow Oxford LFPP, Full Cycle Opt Yr 3

3003 4 Each OPTION Mow Steuben County, Full Cycle Opt Yr 3

FFP

Mow Steuben County, Full Cycle Opt Yr 3

3004 2 Each OPTION Mow Almond, Full Cycle Opt Yr 3

FFP

Mow Almond, Full Cycle Opt Yr 3

4001 4 Each OPTION Mow Broome County, Full Cycle Opt Yr 4

FFP

Mow Broome County, Full Cycle Opt Yr 4

4002 2 Each OPTION Mow Oxford LFPP, Full Cycle Opt Yr 4

FFP

Mow Oxford LFPP, Full Cycle Opt Yr 4

4003 4 Each OPTION Mow Steuben County, Full Cycle Opt Yr 4

FFP

Mow Steuben County, Full Cycle Opt Yr 4

4004 2 Each OPTION Mow Almond, Full Cycle Opt Yr 4

FFP

Mow Almond, Full Cycle Opt Yr 4

CLIN TOTALS

Base Year Total ________________________ Option Year 1 Total ________________________ Option Year 2 Total ________________________ Option Year 3 Total ________________________ Option Year 4 Total ________________________ Grand Total ________________________

Section C - Descriptions and Specifications

Mowing and Trimming Services at Southern New York Local Flood Protection Projects

BROOME AND STEUBEN COUNTIES, NEW YORK

STATEMENT OF WORK

1. Objectives: The Contractor shall furnish all labor, equipment, materials, administrative work, and supplies necessary to perform grass mowing and trimming services at Southern NY Local Flood Protection Projects in Broome County and Steuben County, NY. Maps depicting project areas where mowing is required are attached.

Mowing shall be in accordance with these specifications and in coordination with the Contracting Officers Representative (COR) Mr. Nathan S. Perry. Services include mowing of levees, berms (flats), drainage ditches, and adjacent areas. Hand trimming around concrete, metal, and wood structures to include floodwalls, headwalls, fences, railings, and any areas not accessible to equipment.

NOTE: Special attention will be required near stream banks to prevent the establishment of woody growth. If it can be reached by hand, it is part of the mowing cycle.

2. Project locations and acreage:

Broome County:

Binghamtom LFPP 3.44 Acres – Flat / 2.19 Acres – Levee Lisle LFPP 10.1 Acres – Flat / 0.0 Acres - Levee Whitney Point LFPP 7.3 Acres – Flat / 0.0 Acres – Levee Total acreage for per cycle is 23.03, 4 cycles per year.

Oxford LFPP 0.75 Acres – Riverbank Total acreage per cycle is 0.75, 2 cycles per year.

Steuben County:

Canisteo LFPP 5.1 Acres – Flat / 0.9 Acres – Levee Corning LFPP 11.9 Acres – Flat / 9.1 Acres - Levee Hornell LFPP 29.3 Acres – Flat / 63.3 Acres – Levee Total acreage for per cycle is 119.6, 4 cycles per year.

Almond Lake 9.0 Acres – Levee Total acreage per cycle is 9.0, 2 cycles per year.

SPECIFICATIONS

1. Mowing area boundaries: In general, mowing operations at the Local Flood Protection Projects shall extend from the edge of the waterway, or top of stream bank (whichever is relevant), to approximately fifteen feet out from the landside toe of the levee. Specific boundary lines at all projects will be shown at the pre-work meeting. A change from previous contracts includes mowing or trimming along a section of channel wall across the channel from Veterans Memorial Park to keep a cleared section of vegetation about 3 feet wide from the wall towards Maple City Rehabilitation and Nursing Center and some other residential houses downstream of E. Vanscoter Street, map added.

2. Cutting Height: Areas shall be cut to a height of four inches.

3. Trimming: Trimming around structures and areas not accessible with equipment is required. The areas to be trimmed are defined as all areas from riverbank edge to fifteen feet from land side of levee not accessible by equipment.

4. Debris: Care shall be taken not to damage the sod. All debris, trash, limbs, etc. small enough for one person to move or pickup that would impede mowing shall be removed and properly disposed.

5. Equipment requirements: With the exception of the hand trim work and the specified hillside mower, all cutting shall be performed with flail type mowers. Tractors shall be 4-wheel drive equipped. Tractors shall have sufficient horsepower to operate a flail type mower of at least seven feet wide. Simultaneous utilization of a minimum of two machines during each cycle is required. Gang flail-type mowers are permitted on flats, however, they must not be utilized on levees without prior approval from the COR. Mowing equipment, flail or rotary type, specifically designed to operate on steep slopes, must be utilized on the levees in conjunction with at least one other approved machine. Unless approved otherwise by the COR, rotary type mowers shall have mulching blades installed during operation.

6. Damage to levee: Any damage to levee or topsoil within fifteen feet of the levee toe (rutting, scalping, etc.) will be the responsibility of the contractor. Topsoil and seed mixture for repairs must be approved by the COR. Areas to be repaired will be addressed by the COR and the contract will not be considered complete until repairs have been approved.

7. Mowing Cycle: Performance of four mowing cycles at Binghamton, Lisle, Whitney Point, Canisteo, Corning, and

Hornell LFPPs and two mowing cycles at Oxford LFPP and Almond Lake per calendar year mowing season. A mowing cycle is defined as a complete mowing and hand trimming of areas as directed by the COR. Cycle pattern and start date shall be at the direction of the COR pending weather conditions. Excepting COR approved contingencies, each cycle shall be completed within the timeframe established as follows:

Project Days Binghamton 2 Lisle 3 Whitney Point 2 Oxford 1 Canisteo 1 Corning 2 Hornell 9 Almond 1

These are the maximum days required to do a project cycle in its entirety.

8. Mowing Season: For the purposes of this contract the mowing season is between 01 March and 31 October of each year. All cycles will be performed within the mowing season at the direction of the COR based on current year conditions.

SPECIAL CONDITIONS

1. Period of Performance: Each mowing cycle shall be performed within the previously prescribed number of days at each location. Work must be completed on successive workdays until the entire cycle is complete. Each cycle will be initiated by the COR with the first cycle being performed within 10 days of award. All cycles must be completed by 30 Sep.

2. Performance of Work: The Contractor shall perform work only during normal Corps of Engineers duty hours

(7:00 a.m. to 3:30 p.m., Monday through Friday, excluding federal holidays). Exceptions to this condition must be coordinated with and approved in advance by the Operations Manager, Susquehanna River Project.

3. Accident Prevention: In performing this contract the Contractor shall comply with all current Federal, State, and

Local safety regulations, including Corps of Engineers Safety and Health Requirement Manual EM 385-1-1 and shall comply with any subsequent changes. Information regarding acquiring the Corps of Engineers Safety and

Health Requirement Manual EM 385-1-1 may be found on the USACE Headquarters website at http://www.usace.army.mil/SafetyandOccupationalHealth/EM38511,2008BeingRevised.aspx Prior to commencement of work under this contract the Contractor shall furnish to the Government an Accident Prevention Plan in accordance with Section I, Article 01.A.12 of the EM 385-1-1.

4. Accident Reporting: In the event of an accident or injury involving Contractor personnel or equipment in performance of work the Contractor shall immediately notify the COR and Contracting Officer by the most expedient means feasible. The Contractor shall complete forms furnished and/or provide a written description of the incident within 24 hours of notification to do so. The Contractor shall be liable for any and all injuries to Company Employees, government Employees or the public as a result of his/her actions.

5. Operations and Storage Areas: The Contractor shall confine all operations to areas authorized or approved by the

COR. Materials may only be stored on site in the Contractor’s vehicles or equipment. The Contractor is prohibited from using Government property to clean his equipment or to dispose of any waste.

6. Access and General Protection/Security Policy and Procedures: All contractor and all associated sub-contractors’ employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility 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 installation or facility change, the Government may require changes in contractor security matters or processes.

7. Housekeeping: The Contractor shall keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work site and premises, any rubbish, tools, equipment, and materials that are not property of the Government. Upon completing the work the Contractor shall restore the work area to the original condition, to be approved by the COR.

8. Environmental Protection: The Contractor is required to comply with all Federal, State, and Local environmental regulations. The Contractor shall exercise care and safety in the performance of the contract and shall take necessary precautions to avoid contamination of the water, damage to private property and injury to employees and the public. The Contractor shall be liable for all damage to the Environment and/or public or private property, caused by equipment or chemicals. No separate payment will be made for environmental protection measures.

All environmental protection matters shall be coordinated with the COR.

9. Permits and Licenses: The Contractor shall, at his/her own expense, obtain any licenses or permits required to perform the contract. The Contractor shall comply with all current Federal, State and Local laws and regulations and shall comply with any subsequent changes.

10. Records and Reports: In addition to the administrative requirements dictated elsewhere, the Contractor shall complete a Daily Quality Control Report form to maintain record of contract performance, accident/injury incidence, and observance of project deficiencies. Forms will be distributed at pre-work conference. This form shall be completed and furnished to the COR upon completion of each site or day.

11. Pre-screen candidates using E-Verify Program: The Contractor must pre-screen Candidates using the E-verify

Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements.

The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

http://www.usace.army.mil/SafetyandOccupationalHealth/EM38511,2008BeingRevised.aspx

12. Minimum Man-power Requirements: The Contractor shall provide an adequate number of fully qualified personnel to perform the work specified herein. A minimum of 2 operators must be used for the performance of each mowing cycle.

13. Superintendent: The Contractor shall act as or provide a superintendent who acts as a quality control manager whenever the work specified herein is being performed. The superintendent shall conduct overall management coordination and be the central point of contact with the Government for performance of all work under this contract. The superintendent and any individual designated to act for him/her shall have full authority to contractually commit the Contractor for prompt action on matters pertaining to the administration of the entire project. Such authorization shall be submitted in writing to the COR and contracting officer. The superintendent shall deal directly with the COR for normal day-to-day administration of the contract provisions. The superintendent shall attend pre-work conference(s) prior to commencing work.

14. Project Operation: The locations of work are flood control projects and the Contractor’s access to the work areas and the execution of the requirements specified herein shall not interfere with the daily operations of the government operations. The sites of work are subject to periodic flooding. The Contractor shall consider the potential for high water levels in the scheduling of work. A specific program shall be established by the Contractor to evacuate personnel, equipment, and materials as necessary in the event of high water. It is the responsibility of the Contractor to coordinate all work with the COR.

DELIVERABLES

1. Submittals Required with Quote- A paper or digital copy of the following shall be submitted with the

Contractor’s quote:

A. Proposed equipment information.

2. Pre-Work Submittals - A paper or digital copy of the following shall be submitted within 14 days of award to the COR:

A. Accident Prevention Plan

3. Post-Work Submittals: A paper or digital copy of the following shall be submitted within 15 days of work completion to the COR:

A. Daily Quality Control Reports

INVOICES AND PAYMENT

1. Invoices: The Contractor shall submit itemized invoices no later than 15 days from the completion of the work.

The invoice shall accurately reflect work completed. Each invoice at a minimum shall contain the following information:

• Contractor name and address, exactly as it appears on the contract

• Contract number

• Date of invoice submission

• Invoice or Call Order number

• Invoice total

2. Corrections: Incorrect invoices will be returned to the Contractor for correction before processing payment.

Corrected invoices shall be re-dated to reflect the new submission date.

3. Remittance: Invoices shall be submitted via post-mail and/or electronic mail to the following addresses for payment. Should changes occur to the mailing addresses the Contractor shall be notified of the correct recipient.

VIA Post Mail: U.S. Army Corps of Engineers

Susquehanna River Project

ATTN: Luke A. Caputo 5960 Susquehanna Trail, Suite 1 Turbotville, PA 17772

VIA Email: Luke.A.Caputo@USACE.Army.mil mailto:Luke.A.Caputo@USACE.Army.mil

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 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 1001 N/A N/A N/A Government 1002 N/A N/A N/A Government 1003 N/A N/A N/A Government 1004 N/A N/A N/A Government 2001 N/A N/A N/A Government 2002 N/A N/A N/A Government 2003 N/A N/A N/A Government 2004 N/A N/A N/A Government 3001 N/A N/A N/A Government 3002 N/A N/A N/A Government 3003 N/A N/A N/A Government 3004 N/A N/A N/A Government 4001 N/A N/A N/A Government 4002 N/A N/A N/A Government 4003 N/A N/A N/A Government 4004 N/A N/A N/A Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 09-MAY-2024 TO

08-MAY-2025

N/A SUSQUEHANNA RIVER PROJECT

BRIAN LUPREK

306 RAILROAD STREET SECOND FLOOR -

REAR

DANVILLE PA 17821-2042

570-649-6855

W912DR

0002 POP 09-MAY-2024 TO

08-MAY-2025

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 09-MAY-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 09-MAY-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-MAR-2025 TO

28-FEB-2026

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-MAR-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-MAR-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 01-MAR-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-MAR-2026 TO

28-FEB-2027

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-MAR-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 01-MAR-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 01-MAR-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-MAR-2027 TO

29-FEB-2028

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 01-MAR-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 01-MAR-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 01-MAR-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-MAR-2028 TO

28-FEB-2029

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 01-MAR-2028 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 01-MAR-2028 TO

N/A (SAME AS PREVIOUS LOCATION)

4004 POP 01-MAR-2028 TO

N/A (SAME AS PREVIOUS LOCATION)

Section G - Contract Administration Data

Invoice Submissions

4. Invoices: The Contractor shall submit itemized invoices no later than 15 days from the completion of the work.

The invoice shall accurately reflect work completed. Each invoice at a minimum shall contain the following information:

Contractor name and address, exactly as it appears on the contract Contract number Date of invoice submission Invoice or Call Order number Invoice total

5. Corrections: Incorrect invoices will be returned to the Contractor for correction before processing payment.

Corrected invoices shall be re-dated to reflect the new submission date.

6. Remittance: Invoices shall be submitted via post-mail and/or electronic mail to the following addresses for payment. Should changes occur to the mailing addresses the Contractor shall be notified of the correct recipient.

VIA Post Mail: U.S. Army Corps of Engineers

Susquehanna River Project ATTN: Luke A. Caputo 5960 Susquehanna Trail, Suite 1 Turbotville, PA 17772

VIA Email: Luke.A.Caputo@USACE.Army.mil

Contractor Officer Statement Only a warranted Contracting Officer (either a Contracting Officer or an Administrative Contracting Officer (ACO)), acting within their appointed limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract, you shall not proceed with the change and shall immediately notify the Contracting Officer. Proceeding with any work not authorized by the Contracting Officer will be at the Contractor’s own risk.

mailto:Luke.A.Caputo@USACE.Army.mil

Section H - Special Contract Requirements

Antiterrorism/Operations Security

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.

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. Escorting in classified and/or sensitive areas. In accordance with applicable regulations, all contract personnel who do not possess the appropriate security clearance or access privileges will be escorted in areas where they may be exposed to classified information or operations, sensitive information or activities, or restricted areas.

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 I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2023

52.217-3 Evaluation Exclusive Of Options APR 1984 52.217-5 Evaluation Of Options JUL 1990 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-3 Protest After Award AUG 1996 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

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

252.204-7022 Expediting Contract Closeout MAY 2021 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7001 Buy American And Balance Of Payments Program--Basic JAN 2023 252.225-7967 Prohibition Regarding Russian Fossil Fuel Business

Operations (Deviation 2024-O0006) (FEB 2024)

FEB 2024

252.226-7002 Represenation for Demonstration Project for Contractors Employing Persons with Disabilities

DEC 2019

252.232-7010 Levies on Contract Payments DEC 2006 252.246-7003 Notification of Potential Safety Issues JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

(a) All actual and potential offerors are encouraged to provide feedback on the preaward and debriefing processes, as applicable. Feedback may be provided to agencies up to 45 days after award. The feedback is anonymous, unless the participant self-identifies in the survey. Actual and potential offerors can participate in the survey by selecting the following link: https://www.acquisition.gov/360.

(b) The Contracting Officer will not review the information provided until after contract award and will not consider it in the award decision. The survey is voluntary and does not convey any protections, rights, or grounds for protest.

It creates a way for actual and potential offerors to provide the Government constructive feedback about the preaward and debriefing processes, as applicable, used for a specific acquisition.

(End of provision) https://www.acquisition.gov/360

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

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

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

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

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

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

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

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

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

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

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

___ (6) [Reserved]

___ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub.

L. 111-117, section 743 of Div. C).

___ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

___ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders--Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115-390, title II).

___ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L.

115-390, title II).

___ (ii) Alternate I (DEC 2023) of 52.204-30.

X (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

X (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

____ (14) [Reserved]

____ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

____ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (17) [Reserved]

X (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-6.

____ (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-7.

____ (20) 52.219-8, Utilization of Small Business Concerns (SEP 2023) (15 U.S.C. 637(d)(2) and (3)).

____ (21)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (NOV 2016) of 52.219-9.

____ (iii) Alternate II (NOV 2016) of 52.219-9.

____ (iv) Alternate III (JUN 2020) of 52.219-9.

____ (v) Alternate IV (SEP 2023) of 52.219-9.

____ (22) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

____ (ii) Alternate I (MAR 2020) of 52.219-13.

____ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

____ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C.

657f).

____ (26) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2023) (15 U.S.C. 632(a)(2)).

____ (ii) Alternate I (MAR 2020) of 52.219-28.

____ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

____ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

____ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

X (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

X (32) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (NOV 2023) (E.O. 13126).

X (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (34)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

____ (ii) Alternate I (FEB 1999) of 52.222-26.

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

____ (ii) Alternate I (JUL 2014) of 52.222-35.

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

____ (ii) Alternate I (JUL 2014) of 52.222-36.

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

____ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

X (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

____ (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

____ (44)(i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (45)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-14.

____ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

____ (47)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-16.

____ (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

____ (49) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (50) 52.223-21, Foams (JUN 2016) (E.O. 13693).

____ (51)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (52) (i) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83).

____ (ii) Alternate I (OCT 2022) of 52.225-1.

____ (53)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I [Reserved].

____ (iii) Alternate II (DEC 2022) of 52.225-3.

____ (iv) Alternate III (NOV 2023) of 52.225-3.

____ (v) Alternate IV (OCT 2022) of 52.225-3.

____ (54) 52.225-5, Trade Agreements (NOV 2023) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (55) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (56) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

____ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150

____ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

____ (59) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

____ (60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

____ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

X (62) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C.

3332).

____ (63) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (64) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (65) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (66) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (67)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C.

55305 and 10 U.S.C. 2631).

____ (ii) Alternate I (APR 2003) of 52.247-64.

____ (iii) Alternate II (NOV 2021) of 52.247-64.

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

X (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

X (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

X (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O.

13658).

_____ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

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

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

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

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

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

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

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

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

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

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

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

117-328).

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

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

(viii) 52.219-8, Utilization of Small Business Concerns (SEP 2023) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

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

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

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

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

_____ (B) Alternate I (MAR 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67.)

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67)

(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

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

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

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

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_222_62 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3

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

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C.