Solicitation JRL Vault Pumping Services W912DR22Q0007.pdf

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Jennings Randolph Lake Vault Pumping Services
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W912DR22Q0007
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SEE ADDENDUM

(No Collect Calls)

W912DR22Q0007 09-Dec-2021

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

11:00 AM 23 Dec 2021

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

KEILOW K KING

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

USACE, BALTIMORE JENNINGS RANDOLPH LAKE

KENNETH FERNANDEZ

1700 JENNINGS RANDOLPH LANE

ELK GARDEN WV 26717

TEL: (304) 355-2346 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,000,000

NAICS:

562991

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)

PAGE 2 OF73

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.

W912DR22Q0007

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 8 Each Front Loop Washhouse

FFP

Robert W. Craig Campground Front Loop Washhouse, 6,000 Gallons

The Contractor, as an independent Contractor and not as an agent of the government, shall furnish all labor, supervision, equipment, and supplies to complete process as defined in performance Work Statement.

FOB: Destination

PSC CD: W085

NET AMT

0002 11 Each Back Loop Vault #1

FFP

Robert W. Craig Campground Back Loop Vault #1, 2,000 Gallons

0003 10 Each Back Loop Vault #2

FFP

Robert W. Craig Campground Back Loop Vault #2, 2,000 Gallons

0004 4 Each Back Loop Vault #3

FFP

Robert W. Craig Campground Back Loop Vault #3, 2,000 Gallons

0005 1 Each Park Attendant Vault #1

FFP

Robert W. Craig Campground Park Attendant Vault #1, 2,000 Gallons

0006 1 Each Park Attendant Vault #2

FFP

Robert W. Craig Campground Park Attendant Vault #2 2,000 Gallons

0007 4 Each Entrance Station

FFP

Robert W. Craig Campground Entrance Station, 1,500 Gallons

0008 6 Each Trailer Dump Station

FFP

Robert W. Craig Campground Trailer Dump Station 10,000 Gallons

0009 5 Each Port - A - John

FFP

Robert W. Craig Campground Port - A - John

0010 7 Each Restroom Vault #1

FFP

Shaw Beach Restroom Vault #1 3,000 Gallons

0011 7 Each Restroom Vault #2

FFP

Shaw Beach Restroom Vault #2, 3,000 Gallons

0012 5 Each Restroom

FFP

Howell Run Picnic Area Restroom, 4,000 Gallons

0013 7 Each Restroom

FFP

Howell Run Boat Launch Restroom, 3,500 Gallons

0014 1 Each Operations Septic Tank

FFP

Admin Office Operations Septic Tank, 2,241 Gallons

1001 8 Each OPTION Front Loop Washhouse

FFP

Robert W. Craig Campground Front Loop Washhouse, 6,000 Gallons

1002 11 Each OPTION Back Loop Vault #1

FFP

Robert W. Craig Campground Back Loop Vault #1, 2,000 Gallons

1003 10 Each OPTION Back Loop Vault #2

FFP

Robert W. Craig Campground Back Loop Vault #2, 2,000 Gallons

1004 4 Each OPTION Back Loop Vault #3

FFP

Robert W. Craig Campground Back Loop Vault #3, 2,000 Gallons

1005 1 Each OPTION Park Attendant Vault #1

FFP

Robert W. Craig Campground Park Attendant Vault #1, 2,000 Gallons

1006 1 Each OPTION Park Attendant Vault #2

FFP

Robert W. Craig Campground Park Attendant Vault #2, 2,000 Gallons

1007 4 Each OPTION Entrance Station

FFP

Robert W. Craig Campground Entrance Station, 1,500 Gallons

1008 6 Each OPTION Trailer Dump Station

FFP

Robert W. Craig Campground Trailer Dump Station 10,000 Gallons

1009 5 Each OPTION Port - A - John

FFP

Robert W. Craig Campground Port - A - John

1010 7 Each OPTION Restroom Vault #1

FFP

Shaw Beach Restroom Vault #1 3,000 Gallons

1011 7 Each OPTION Restroom Vault #2

FFP

Shaw Beach Restroom Vault #2 3,000 Gallons

1012 5 Each OPTION Restroom

FFP

Howell Run Picnic Area Restroom, 4,000 Gallons

1013 7 Each OPTION Restroom

FFP

Howell Run Boat Launch Restroom, 3,500 Gallons

1014 1 Each OPTION Operations Septic Tank

FFP

Admin Office Operations Septic Tank, 2,241 Gallons

2001 8 Each OPTION Front Loop Washouse

FFP

Robert W. Craig Campground Front Loop Washhouse, 6,000 Gallons

2002 11 Each OPTION Back Loop Vault #1

FFP

Robert W. Craig Campground Back Loop Vault #1, 2,000 Gallons

2003 10 Each OPTION Back Loop Vault #2

FFP

Robert W. Craig Campground Back Loop Vault #2, 2,000 Gallons

2004 4 Each OPTION Back Loop Vault #3

FFP

Robert W. Craig Campground Back Loop Vault #3, 2,000 Gallons

2005 1 Each OPTION Park Attendant Vault #1

FFP

Robert W. Craig Campground Park Attendant Vault #1, 2,000 Gallons

2006 1 Each OPTION Park Attendant Vault #2

FFP

Robert W. Craig Campground Park Attendant Vault #2, 2,000 Gallons

2007 4 Each OPTION Entrance Station

FFP

Robert W. Craig Campground Entrance Station, 1,500 Gallons

2008 6 Each OPTION Trailer Dump Station

FFP

Robert W. Craig Campground Trailer Dump Station 10,000 Gallons

2009 5 Each OPTION Port - A - John

FFP

Robert W. Craig Campground Port - A - John

2010 7 Each OPTION Restroom Vault #1

FFP

Shaw Beach Restroom Vault #1 3,000 Gallons

2011 7 Each OPTION Restroom Vault #2

FFP

Shaw Beach Restroom Vault #2 3,000 Gallons

2012 5 Each OPTION Restroom

FFP

Howell Run Picnic Area Restroom, 4,000 Gallons

2013 7 Each OPTION Restroom

FFP

Howell Run Boat Launch Restroom, 3,500 Gallons

2014 1 Each OPTION Office Operations Septic Tank

FFP

Admin Office Operations Septic Tank, 2,241 Gallons

3001 8 Each OPTION Front Loop Washhouse

FFP

Robert W. Craig Campground Front Loop Washhouse, 6,000 Gallons

3002 11 Each OPTION Back Loop Vault #1

FFP

Robert W. Craig Campground Back Loop Vault #1, 2,000 Gallons

3003 10 Each OPTION Back Loop Vault #2

FFP

Robert W. Craig Campground Back Loop Vault #2, 2,000 Gallons

3004 4 Each OPTION Back Loop Vault #3

FFP

Robert W. Craig Campground Back Loop Vault #3, 2,000 Gallons

3005 1 Each OPTION Park Attendant Vault #1

FFP

Robert W. Craig Campground Park Attendant Vault #1, 2,000 Gallons

3006 1 Each OPTION Park Attendant Vault #2

FFP

Robert W. Craig Campground Park Attendant Vault #2, 2,000 Gallons

3007 4 Each OPTION Entrance Station

FFP

Robert W. Craig Campground Entrance Station, 1,500 Gallons

3008 6 Each OPTION Trailer Dump Station

FFP

Robert W. Craig Campground Trailer Dump Station 10,000 Gallons

3009 5 Each OPTION Port - A - John

FFP

Robert W. Craig Campground Port - A - John

3010 7 Each OPTION Restroom Vault #1

FFP

Shaw Beach Restroom Vault #1 3,000 Gallons

3011 7 Each OPTION Restroom Vault #2

FFP

Shaw Beach Restroom Vault #2 3,000 Gallons

3012 5 Each OPTION Restroom

FFP

Howell Run Picnic Area Restroom, 4,000 Gallons

3013 7 Each OPTION Restroom

FFP

Howell Run Boat Launch Restroom, 3,500 Gallons

3014 1 Each OPTION Office Operations Septic Tank

FFP

Admin Office Operations Septic Tank, 2,241 Gallons

4001 8 Each OPTION Front Loop Washhouse

FFP

Robert W. Craig Campground Front Loop Washhouse, 6,000 Gallons

4002 11 Each OPTION Back Loop Vault #1

FFP

Robert W. Craig Campground Back Loop Vault #1, 2,000 Gallons

4003 10 Each OPTION Back Loop Vault #2

FFP

Robert W. Craig Campground Back Loop Vault #2, 2,000 Gallons

4004 4 Each OPTION Back Loop Vault #3

FFP

Robert W. Craig Campground Back Loop Vault #3, 2,000 Gallons

4005 1 Each OPTION Park Attendant Vault #1

FFP

Robert W. Craig Campground Park Attendant Vault #1, 2,000 Gallons

4006 1 Each OPTION Park Attendant Vault #2

FFP

Robert W. Craig Campground Park Attendant Vault #2, 2,000 Gallons

4007 4 Each OPTION Entrance Station

FFP

Robert W. Craig Campground Entrance Station, 1,500 Gallons

4008 6 Each OPTION Trailer Dump Station

FFP

Robert W. Craig Campground Trailer Dump Station 10,000 Gallons

4009 5 Each OPTION Port - A - John

FFP

Robert W. Craig Campground Port - A - John

4010 7 Each OPTION Restroom Vault #1

FFP

Shaw Beach Restroom Vault #1 3,000 Gallons

4011 7 Each OPTION Restroom Vault #2

FFP

Shaw Beach Restroom Vault #2 3,000 Gallons

4012 5 Each OPTION Restroom

FFP

Howell Run Picnic Area Restroom, 4,000 Gallons

4013 7 Each OPTION Restroom

FFP

Howell Run Boat Launch Restroom, 3,500 Gallons

4014 1 Each OPTION Office Operations Septic Tank

FFP

Admin Office Operations Septic Tank, 2,241 Gallons

Section C - Descriptions and Specifications

PERFORAMCE WORK STATEMENT VAULT PUMPING

JENNINGS RANDOLPH LAKE

ARTICLE NO. 1 – GENERAL

1. A. The contractor shall furnish all necessary labor and equipment necessary for removal and disposal off site of raw sewage contained in various vault latrines at the public use areas and administrative facilities at Jennings Randolph Lake.

ARTICLE NO. 2 - CONTRACTOR CAPABILITY REQUIREMENTS

2.A. The contractor shall furnish all necessary labor and equipment necessary for removal and disposal off site of raw sewage contained in various vault latrines at the public use areas and administrative facilities at Jennings Randolph Lake in accordance with all applicable laws, rules and regulations governing disposal of waste products.

2.B. The Contractor shall supply one handicap accessible Port-A-John to be placed near the picnic pavilion located in the Robert w. Craig campground. Contractor shall coordinate placement of the Port-A-John with the project staff. The Port-A-John shall be cleaned and serviced at the beginning of each month beginning in May – September for a total of 5 services.

3.B. Response Time: Every attempt will be made to maximize service request lead time. In most instances, lead time would be approximately two to three days. Occasionally, emergency requests will be made for service within a two-hour time frame to avoid closing a recreation area or restroom, including weekends and holidays. The contractor must be able to supply a minimum of 4 port-a-johns (handicap accessible or regular) in an emergency within a two-hour time frame when requested on a 24/7 basis.

4.B. Availability: A phone number must be provided that can be used on a 24/7 basis, and recording devices assigned to this number must be checked on a regular basis. Attempts will be made to have vaults pumped prior to a holiday (Memorial Day, July 4th, Labor Day) weekend and immediately afterwards if needed.

5.B. Truck Capability Requirements: The Contractor must have two haul trucks to bid on this contract. Contractor ‘s main haul truck must have a minimum 6,000-gallon capacity to minimize excessive trips in the timely removal of raw sewage. The second truck must have a minimum 2000-gallon capacity. Based on the size of the largest vault, two trucks may be required in order not to shut down a recreation area.

6.B. Miscellaneous Requirements: No contractor will enter any vaults without meeting all confined space requirements specified by the Corps of Engineers. Invoices for payment must be submitted immediately after each service is rendered.

ARTICLE NO. 3 - SAFETY REQUIREMENTS

3.A. The contractor will be subject to extensive visitor contact while performing duties. All contractor employees shall be clean and neat in appearance and wear appropriate clothing subject to the approval of the Operations Project Manager. Questions from visitors to contractor personnel regarding policy or management of the facilities shall be referred to Park personnel.

3.B. The Contractor and Employees shall not use or be under the influence of drugs or alcohol at any time while performing the obligations of this contract or giving the public the appearance of same. During an on duty status, the Contractor and contractor representatives must hold themselves to the standard of acceptable behavior expected of the public and to all rules and regulations governing Corps property and facilities. Unacceptable behavior deemed so by the Project Operations Manager, that brings discredit to the Government or the contractor may be grounds for termination of the contract.

3.C. Special care must be exercised to avoid damaging any facility and the contractor will repair or restore any damage to said facilities (buildings, signposts, trees, shrubbery, roadways, etc.)

resulting from the contractor's failure to exercise reasonable care in the performance of the work.

If the contractor fails or refuses to repair any such damage promptly, the Operations Project Manager may have the work performed by others and charge the cost thereof to the contractor.

The contractor will exercise extreme care to protect all visitors from injury and their property from harm and/or damage.

3.D. The Contractor or employees shall not carry or possess firearms or weapons in the park or maintain them in their vehicles or work areas while in a duty status.

3.E. All work shall be performed in an orderly and workmanlike manner and shall meet the approval of the Operations Project Manager. If services are found to be deficient in workmanship or otherwise unacceptable, the Government reserves the right to reject such services and require that the work be performed again at no additional cost to the Government.

3.F. All equipment and vehicles shall comply with all applicable local, state, and federal laws and regulations.

3.G. Prospective bidders are required to attend a mandatory pre bid site meeting to qualify to bid on this contract and inspect the actual locations of the facilities prior to submitting a bid.

3.H. Visitor safety is just as much a concern as any other feature of the work. The contractor will exercise extraordinary caution and extreme care to assure that vault content removal operations do not endanger the visiting public.

3.I. The contractor is responsible for cleaning any spills of waste from the site immediately

Security/Anti-Terrorism

A. 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.

B. All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

C. 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."

*When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

Pre-Work Meeting

1. The Contractor will attend a Pre-work meeting no later than ten (10) working days after the initial year of the award of the contract, and the third (3rd) or fourth (4th) week of January for each subsequent award year.

2 During the pre-work meeting the Contractor shall provide an Accident Prevention Plan to include, but not limited to, the following:

1. Method that the Contractor will employ to complete and document successful completion of employee training regarding knowledge of the contract specifications and safety.

2. Accident Prevention Plan. Plans must be approved prior to start of work.

5. Current Certificate of Insurance.

Inspections

1. Selection of Facilities for Inspection: Any and all facilities are subject to daily Government inspection at any given time. At a minimum, a random sampling of 10% of the facilities can be expected based on random sampling procedures. At a maximum, 100% of the facilities can be inspected.

Basis of Payment

a) Payment shall be made on a monthly basis unless otherwise authorized by the Operations Project Manager.

2. The contractor shall submit itemized invoices on a monthly basis based on work completed.

Invoice shall accurately reflect work completed within the time frame as recorded on the invoice.

Incorrect invoices will be returned to the Contractor for correction before processing. Invoices will be processed electronically for payment.

3. Invoices for payment are to be submitted to:

Operations Project Manager Jennings Randolph Lake P.O. Box 247 Elk Garden, West Virginia 26717 Telephone (304) 355-2346

4. Bids will be submitted on the quote sheet. Due to the vagaries of visitation and the opening/closing dates subject to change due to weather, construction, or circumstances beyond the Government control, the estimated frequency and estimated number of services for each facility will be subject to significant variation. However, prospective bidders are advised that no adjustment in contract unit prices will be considered for deviations of less than 50% above or below the estimated number of services shown in the Unit Price Schedule.

Contract Period

1. This contract shall begin in January 2022 or the date of contract award, whichever is later, and shall end on December 31, 2022, both dates inclusive, unless terminated sooner under the provisions of this contract.

2. In addition to the period set forth above, the Government may elect to renew the contract in yearly increments not to exceed a total of four additional increments. If the Government elects to renew the contract, the same contract conditions and contract unit prices will prevail in the renewal period as in the initial period. The option for renewal of any (or none) of the additional periods is solely at the discretion of the Government and the contractor shall make no claim for any reason as a result of the Government exercising or failing to exercise this option.

3. The period of service for Option Year 1, if exercised, shall be from January 01, 2023 through December 31, 2023.

4. The period of service for Option Year 2, if exercised, shall be from January 01, 2024 through December 31, 2024.

5. The period of service for Option Year 3, if exercised, shall be from January 01, 2025 through December 31, 2025.

6. The period of service for Option Year 4, if exercised, shall be from January 01, 2026 through December 31, 2026.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination N/A Destination Government 0003 Destination N/A Destination Government 0004 Destination N/A Destination Government 0005 Destination N/A Destination Government 0006 Destination N/A Destination Government 0007 Destination N/A Destination Government 0008 Destination N/A Destination Government 0009 Destination N/A Destination Government 0010 Destination N/A Destination Government 0011 Destination N/A Destination Government 0012 Destination N/A Destination Government 0013 Destination N/A Destination Government 0014 Destination N/A Destination Government 1001 Destination N/A Destination Government 1002 Destination N/A Destination Government 1003 Destination N/A Destination Government 1004 Destination N/A Destination Government 1005 Destination N/A Destination Government 1006 Destination N/A Destination Government 1007 Destination N/A Destination Government 1008 Destination N/A Destination Government 1009 Destination N/A Destination Government 1010 Destination N/A Destination Government 1011 Destination N/A Destination Government 1012 Destination N/A Destination Government 1013 Destination N/A Destination Government 1014 Destination N/A Destination Government 2001 Destination N/A Destination Government 2002 Destination N/A Destination Government 2003 Destination N/A Destination Government 2004 Destination N/A Destination Government 2005 Destination N/A Destination Government 2006 Destination N/A Destination Government 2007 Destination N/A Destination Government 2008 Destination N/A Destination Government 2009 Destination N/A Destination Government 2010 Destination N/A Destination Government 2011 Destination N/A Destination Government 2012 Destination N/A Destination Government 2013 Destination N/A Destination Government 2014 Destination N/A Destination Government 3001 Destination N/A Destination Government 3002 Destination N/A Destination Government

3003 Destination N/A Destination Government 3004 Destination N/A Destination Government 3005 Destination N/A Destination Government 3006 Destination N/A Destination Government 3007 Destination N/A Destination Government 3008 Destination N/A Destination Government 3009 Destination N/A Destination Government 3010 Destination N/A Destination Government 3011 Destination N/A Destination Government 3012 Destination N/A Destination Government 3013 Destination N/A Destination Government 3014 Destination N/A Destination Government 4001 Destination N/A Destination Government 4002 Destination N/A Destination Government 4003 Destination N/A Destination Government 4004 Destination N/A Destination Government 4005 Destination N/A Destination Government 4006 Destination N/A Destination Government 4007 Destination N/A Destination Government 4008 Destination N/A Destination Government 4009 Destination N/A Destination Government 4010 Destination N/A Destination Government 4011 Destination N/A Destination Government 4012 Destination N/A Destination Government 4013 Destination N/A Destination Government 4014 Destination N/A Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 03-JAN-2022 TO

31-DEC-2022

N/A USACE, BALTIMORE JENNINGS

RANDOLPH LAKE

KENNETH FERNANDEZ

1700 JENNINGS RANDOLPH LANE

ELK GARDEN WV 26717

(304) 355-2346

W912DR

0002 POP 03-JAN-2022 TO

31-DEC-2022

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 03-JAN-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 03-JAN-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 03-JAN-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 03-JAN-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 03-JAN-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 03-JAN-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0009 POP 03-JAN-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0010 POP 03-JAN-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0011 POP 03-JAN-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0012 POP 03-JAN-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0013 POP 03-JAN-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0014 POP 03-JAN-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-JAN-2023 TO

31-DEC-2023

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-JAN-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-JAN-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 01-JAN-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1005 POP 01-JAN-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1006 POP 01-JAN-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1007 POP 01-JAN-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1008 POP 01-JAN-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1009 POP 01-JAN-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1010 POP 01-JAN-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1011 POP 01-JAN-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1012 POP 01-JAN-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1013 POP 01-JAN-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1014 POP 01-JAN-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-JAN-2024 TO

31-DEC-2024

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-JAN-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 01-JAN-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 01-JAN-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2005 POP 01-JAN-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2006 POP 01-JAN-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2007 POP 01-JAN-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2008 POP 01-JAN-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2009 POP 01-JAN-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2010 POP 01-JAN-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2011 POP 01-JAN-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2012 POP 01-JAN-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2013 POP 01-JAN-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2014 POP 01-JAN-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-JAN-2025 TO

31-DEC-2025

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 01-JAN-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 01-JAN-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 01-JAN-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

3005 POP 01-JAN-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

3006 POP 01-JAN-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

3007 POP 01-JAN-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

3008 POP 01-JAN-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

3009 POP 01-JAN-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

3010 POP 01-JAN-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

3011 POP 01-JAN-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

3012 POP 01-JAN-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

3013 POP 01-JAN-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

3014 POP 01-JAN-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-JAN-2026 TO

31-DEC-2026

N/A (SAME AS PREVIOUS LOCATION)

4002 N/A N/A N/A N/A

4003 N/A N/A N/A N/A

4004 N/A N/A N/A N/A

4005 N/A N/A N/A N/A

4006 N/A N/A N/A N/A

4007 N/A N/A N/A N/A

4008 N/A N/A N/A N/A

4009 N/A N/A N/A N/A

4010 N/A N/A N/A N/A

4011 N/A N/A N/A N/A

4012 N/A N/A N/A N/A

4013 N/A N/A N/A N/A

4014 N/A N/A N/A N/A

Section G - Contract Administration Data

Invoice Submission Statement

(a) Original invoices for services performed under the contract will be submitted to and payment will be made by:

USACE Finance Center Attn: Disbursing 5722 Integrity Drive Millington, TN 38054-5005

(b) One copy of all invoices shall be emailed to the following for review and certification:

Operations Project Manager Jennings Randolph Lake P.O. Box 247 Elk Garden, West Virginia 26717 Telephone (304) 355-2346

Contracting Officer Statement

The Primary Contracting Officer for this action is Ryan D. Fernandez, however, any Contracting Officer holding the appropriate warrant authority in the Baltimore District can serve as the Contracting Officer for this contract. Also, please note that any time the primary Contracting Officer changes, it will be incorporated into the contract via unilateral modification to the contract.

Section H - Special Contract Requirements

Antiterrorism/Operations Security-OPSEC

1. Access and General Protection/Security Policy and Procedures. This standard language text is for contractor employees with an area of performance within an Army controlled installation, facility or area. Proposed language: "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."

2. Will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas. The contractor will coordinate with the COR and/or the facility security office for access when required. (Use when security clearances are not required, i.e. facility repair or construction). Proposed language: "All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas."

3. Pre-screen candidates using E-Verify Program. Proposed language: "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." *When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

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 52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 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

DEC 2013

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

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

MAY 2016

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

MAY 2016

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

JAN 2021

252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.244-7000 Subcontracts for Commercial Items JAN 2021 252.246-7003 Notification of Potential Safety Issues JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (SEP 2021)

(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 items:

(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 and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (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 items: (Contracting Officer check as appropriate.)

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

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

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

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

___ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

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

____ (10) [Reserved]

____ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

____ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (13) [Reserved]

____ (14)(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.

____ (15)(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.

____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2021) (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 2021) of 52.219-9.

____ (18) (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.

____ (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C.

657f).

____ (22) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

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

____ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).

____ (24) 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 (SEP 2021) (15 U.S.C. 637(m)).

____ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

____ (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

____(28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

____ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

____ (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

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

____ (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

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

____ (32)(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.

____ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

____ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

____ (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (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).

____ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (37)(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.)

____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

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

____ (40) (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.

____ (41)(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.

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

____ (43)(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.

____ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

____ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

____ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

____ (48) 52.225-1, Buy American--Supplies (JAN 2021) (41 U.S.C. chapter 83).

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (JAN 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 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 (JAN 2021) of 52.225-3.

____ (iii) Alternate II (JAN 2021) of 52.225-3.

____ (iv) Alternate III (JAN 2021) of 52.225-3.

____ (50) 52.225-5, Trade Agreements (OCT 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

____ (51) 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).

____ (52) 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. 2302 Note).

____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150

____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

____ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

____ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

____ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C.

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

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

____ (iii) Alternate II (FEB 2006) 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 items: (Contracting Officer check as appropriate.)

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

_____ (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).

_____ (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 Under Executive Order 13658 (NOV 2020) (E.O. 13658).

_____ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (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 items. 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 (JUN 2020) (41 U.S.C. 3509).

(ii) 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)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

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

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

(xi) 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.

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

(xiii) _____ (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xiv) 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.)

(xv) 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)

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020) (E.O. 13658).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order…

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