Solicitation - W9128F26QA008.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER 8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

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

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

SEE CONTINUATION

SEE CONTINUATION

SEE CONTINUATION

W9128F26QA008 02 FEB 2026

BRIANNA WOHLERS

402-995-2668

04 MAR 2026

02:00 PM

W9128F 100

W071 ENDIST OMAHA

KO CONTRACTING OFFICE, 1616 CAPITOL AVENUE

OMAHA, NE 68102-4901

UNITED STATES

BRIANNA WOHLERS, EMAIL: BRIANNA.N.WOHLERS@USACE.ARMY.MIL

TELEPHONE: 402-995-2668

561720

USD 22,000,000.00

SEE CONTINUATION

W9128F26QA008

Antiterrorism (AT)/Operations Security (OPSEC) Provisions

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.

6. Suspicious Activity Reporting training (e.g. iWATCH, CorpsWatch, or See Something, Say Something): All contract personnel shall receive initial and annual refresher training from the RA representative on the local suspicious activity reporting program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity.

14. 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.

*** END OF NARRATIVE 1 ***

Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (MAR 2025) (DEVIATION 2025-O0003 and 2025-O0004)

(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 (section 743 of Division E, Title VII, of the Consolidated and Further (Jan 2017) 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 (Section 1634 of Pub. L. 115-91).(Dec 2023)

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

(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 (31 U.S.C. 3903 and 10 U.S.C. 3801).2023)

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

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77 (Oct 2004) 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:

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

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

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

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

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (5)X (Jun (Pub. L. 109-282) ( 31 U.S.C. 6101 note).2020)

[Reserved].(6)

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

52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (8) (Pub. L. 111-117, section 743 of Div. C).(Oct 2016)

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

52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply (10) 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).

Alternate I of 52.204-30.(ii) (Dec 2023)

(12)X 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Jan 2025) (31 U.S.C. 6101 note).

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

[Reserved].(14)

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

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

[Reserved](17)

(18)X

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

Alternate I of 52.219-6.(ii) (Mar 2020)

(19)

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

Alternate I of 52.219-7.(ii) (Mar 2020)

52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (20) ( )Jan 2025 (3)).

(21)

(i) 52.219-9, Small Business Subcontracting Plan (15 U.S.C. 637(d)(4)).( )Jan 2025

Alternate I of 52.219-9.(ii) (Nov 2016)

Alternate II of 52.219-9.(iii) (Nov 2016)

Alternate III of 52.219-9.(iv) (Jun 2020)

Alternate IV of 52.219-9.(v) ( )Jan 2025

(22)

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

Alternate I of 52.219-13.(ii) (Mar 2020)

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

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

52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-(25) Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb

) (15 U.S.C. 657f).2024

(26)X

(i) 52.219-28, Small Business Program Rerepresentation (15 U.S.Postaward ( )Jan 2025 C. 632(a)(2)).

Alternate I of 52.219-28.(ii) (Mar 2020)

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

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

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

52.219-33, Nonmanufacturer Rule (15 U.S.C. 637(a)(17)).(30) (Sep 2021)

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

(32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (E.O.(Jan 2025) 13126).

(33) [Reserved]

(34) [Reserved]

(35)X

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

Alternate I of 52.222-35.(ii) (Jul 2014)

(36)X

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

Alternate I of 52.222-36.(ii) (Jul 2014)

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

52.222-40, Notification of Employee Rights Under the National Labor Relations Act (38) (Dec (E.O. 13496).2010)

(39)

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

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

(40) 52.222-54, Employment Eligibility Verification (Executive Order 12989). (Not (Jan 2025) 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.)

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

52.223-11, Ozone-Depleting Substances and High Global Warming Potential (42) Hydrofluorocarbons (42 U.S.C. 7671, ).(May 2024) et seq.

52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and (43) Air Conditioners (42 U.S.C. 7671, ).(May 2024) et seq.

52.223-20, Aerosols (42 U.S.C. 7671, ).(44) (May 2024) et seq.

52.223-21, Foams (42 U.S.C. 7671, ).(45) (May 2024) et seq.

52.223-23, Sustainable Products and Services (MAR 2025) (DEVIATION 2025-O0004)) (46) (7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

(47)

(i) 52.224-3 Privacy Training (5 U.S.C. 552 a).(Jan 2017)

Alternate I of 52.224-3.(ii) (Jan 2017)

(48)

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

Alternate I of 52.225-1.(ii) (Oct 2022)

(49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (19 U.S.C. (NOV 2023) 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.

Alternate I [Reserved].(ii)

Alternate II of 52.225-3.(iii) (Jan 2025)

Alternate III of 52.225-3.(iv) (Feb 2024)

Alternate IV (Oct 2022) of 52.225-3.(v)

52.225-5, Trade Agreements (19 U.S.C. 2501, ., 19 U.S.C. 3301 (50) (NOV 2023) et seq note).

52.225-13, Restrictions on Certain Foreign Purchases (E.O.'s, (51) (Feb 2021) proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

52.225-26, Contractors Performing Private Security Functions Outside the United States (52) (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).

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

52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (54) (Nov (42 U.S.C. 5150).2007)

52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (55) (May (E.O. 13513).2024)

52.229-12, Tax on Certain Foreign Procurements .(56) (Feb 2021)

52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial (57) Services (41 U.S.C. 4505, 10 U.S.C. 3805).(Nov 2021)

52.232-30, Installment Payments for Commercial Products and Commercial Services (58) (41 U.S.C. 4505, 10 U.S.C. 3805).(Nov 2021)

52.232-33, Payment by Electronic Funds Transfer-System for Award Management (59) (31 U.S.C. 3332).(Oct2018)

52.232-34, Payment by Electronic Funds Transfer-Other than System for Award (60) Management (Jul 2013) (31 U.S.C. 3332).

52.232-36, Payment by Third Party (31 U.S.C. 3332).(61) (May 2014)

52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).(62) (Aug 1996)

52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by (63) American Security Drone Act-Covered Foreign Entities (Sections 1821-1826, (Nov 2024) Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

52.242-5, Payments to Small Business Subcontractors (15 U.S.C. 637(d)(64) (Jan 2017) (13)).

(65)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 (Nov 2021) U.S.C. 55305 and 10 U.S.C. 2631).

Alternate I of 52.247-64.(ii) (Apr 2003)

Alternate II of 52.247-64.(iii) (Nov 2021)

(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:

52.222-41, Service Contract Labor Standards (41 U.S.C. chapter67).(1)X (Aug 2018)

52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 (2)X (May 2014) and 41 U.S.C. chapter 67).

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

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

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

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

52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (7) (Jan .2022)

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

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

52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to (10) Prevent Human Trafficking (49 U.S.C. 40118(g)).(Jan 2025)

(d) . The Contractor shall comply with the Comptroller General Examination of Record 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 (41 U.S.C. 3509).(Nov 2021)

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

(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 (Section 1634 of Pub. L. 115-91).(Dec 2023)

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

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of (Jun 2023) 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 of 52.204-30.(Dec 2023)

(viii) 52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and ( )Jan 2025 (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) [Reserved]

(x) [Reserved]

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

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

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

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR (Dec 2010) clause 52.222-40.

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

(xvi)

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

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

(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 (41 U.S.C. chapter 67).(May 2014)

(xix) 52.222-54, Employment Eligibility Verification (E.O. 12989).(Jan 2025)

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan .2022)

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

(xxii)

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

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

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

(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. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Sections 1821-1826, (Nov 2024) Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with 2021) paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

Option to Extend the Term of the Contract (Mar 2000)

The Government may extend the term of this contract by written notice to the Contractor (a) within ; provided that the Government gives the Contractor a preliminary written 30 days notice of its intent to extend at least before the contract expires. The preliminary 60 days notice does not commit the Government to an extension.

If the Government exercises this option, the extended contract shall be considered to (b) include this option clause.

The total duration of this contract, including the exercise of any options under this clause, (c) shall not exceed .6 years

(End of clause)

Clauses Incorporated By Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es):

https://acquisition.gov

(End of clause)

Attachments:

Performance Work Statement

Service Contract Act Wage Determination # 2015-5361 Rev 29

*** END OF NARRATIVE 1 ***

52.212-1 Addendum; Instructions to Offerors - Commercial Items

Please provide the following information with your proposal:

Company's Name as it appears on SAM:

Company's Address as it appears on SAM:

UNIQUE ENTITY ID:

CAGE CODE:

TIN:

(a) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF1449, letterhead stationary, or as otherwise specified in the solicitation. Offers must be submitted electronically, unless other arrangements have been made. Send completed offers to Brianna Wohlers, Contract Specialist at Brianna.N.Wohlers@usace.army.mil. The proposal shall consist of one (1) pdf document not to exceed 25 pages. The price worksheet will not count towards the 25 page limit. The Government may not review any additional pages after 25.

As a minimum, offers must include with their proposal:

(1) The solicitation number;

(2) The name, address, federal tax identification, email, and telephone number of the offeror;

(3) Names, title, email, and telephone number of persons authorize to negotiate and sign the proposal;

(4) All required technical, past performance, and price factor information stated in FAR 52.212- 2, Evaluation - Commercial Items;

(5) A statement specifying agreement will all terms, conditions and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration; and

(6) Acknowledgement of Solicitation Amendments, if applicable

(b) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.

(c) Questions. All questions pertaining to this combined synopsis and solicitation shall be in writing, directed to the attention of Brianna Wohlers, Contract Specialist at Brianna.N.

Wohlers@usace.army.mil. All questions shall be submitted not later than seven (7) calendar days prior to the proposal due date, in order to ensure adequate time is allotted for form an appropriate response and if needed, amend the solicitation. Offerors are requested to review the solicitation in its entirety for answers to questions, prior to submitting a new question.

(d) Insurance Required (FAR 52.228-5): In accordance with FAR 28.307-2, "Liability," the contractor shall procure the following minimum insurance:

And, when automobiles are used in connection with performing the contract:

And, when aircraft is used in connection with performing the contract:

And, when contract performance involves use of vessels, the Contracting Officer shall require, as determined by the agency, vessel collision liability and protection and indemnity insurance.

The contractor is responsible for contacting the state for compliance with its workman's compensation laws.

(e) State and Local Taxes. The U.S. Army Corps of Engineers is exempt from paying state and local taxes per Title 4 United States Code 104-107. The U.S. Army Corps of Engineers Tax ID Number is 62-1642142. Contractors performing services for the U.S. Army Corps of Engineers are not exempt from state and local taxes in transactions with vendors, suppliers, or subcontractors.

*** END OF NARRATIVE 1 ***

Evaluation-Commercial Products and Commercial Services (Nov 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Award to the successful contractor shall be based on "Best Value" rather than "Low Price." To be considered a complete offer, all offerors must submit the following Best Value criteria and cover each item indicated below upon submitting their quote in electronic format. The following factors shall be used to evaluate offers:

1. Past Performance

a. References: Offerors shall submit a list of previous employment, contracts, volunteer work, or other work within the last eight (8) years in which the offeror has completed similar work involving cleaning and janitorial services and/or working with the public in a professional manner. The offeror shall submit at least two (2) written reference letters. Reference letters should not be from any current Gavins Point Project employees. USACE employees providing technical analysis of quotes may use their personal knowledge in the evaluation process.

2. Technical

a. Description of Cleaning Techniques and Methodologies: Offerors shall submit a description of their cleaning techniques and methodologies that they plan to use to complete all described work activities. The offeror shall describe in detail the methods of cleaning each facility (comfort stations, vault toilets, fish cleaning stations, grills, picnic shelters, etc.) including equipment, materials, supplies, employees/staff, modes of transportation, etc. to be used in completion of contract work activities for each facility and area.

b. Execution of Cleaning Schedule: Offerors shall submit a detailed work schedule to show the offerors' plan to complete all required cleaning and janitorial work to the specifications in the Performance Work Statement, ensuring all required cleanings are met during the required times and dates of each service. The offeror shall indicate how they plan to meet all daily cleaning requirements in all work areas indicated.

c. Surveillance Requirements and Additional Cleanings: Offerors shall submit a detailed narrative of how they will accomplish the surveillance and cleaning requirements outlined in paragraphs 5.1 and 5.9 of the Performance Work Statement.

3. Price

a. Offeror shall complete the Pricing Schedule in its entirety. The quote shall be inclusive of all costs to perform the work specified in the Performance Work Statement. All line items, which includes all Base and Option line items, will be evaluated as the total price for this project. If an Offeror does not complete all pricing items on the Pricing Schedule, the Government may determine the quote to be unacceptable.

Technical and past performance, when combined, are more important than price.

(b) . The Government will evaluate offers for award purposes by adding the total Options price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address (es):

https://acquisition.gov

(End of provision)

Performance Work Statement Janitorial Services Contract

Nebraska Tailwaters Recreation Area and Surrounding Areas Gavins Point Project

2026 – 2030

Part 1

General Information

1. GENERAL: This is a nonpersonal services contract to provide “Nebraska Tailwaters campground, day use area and surrounding area cleaning services.” The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. The cleaning contractor shall perform a number of tasks associated with the cleaning of the areas indicated within according to the schedule and specifications outlined in this document. The Contractor will be performing cleaning duties at a specified area. All work must be performed according to the specifications outlined in this contract unless authorized in advance by the Contracting Officer Representative (COR).

1.1 Description of Services/Introduction: The location of the services covered by this contract will be at Nebraska Tailwaters campground, day use area and surrounding areas below Gavins Point Dam located approximately four miles West of Yankton, SD on SD Highway 52. The campground has 43 camp sites, one comfort station with hot/cold water and showers, and flush toilets. There is regular contract garbage pickup in the campgrounds as well as law enforcement patrol. This contract requires a minimum of two (2) people.

1.2 Background: Every year, cleaning services are needed to keep Corps facilities clean, operational and up to the standards of the Government.

1.3 Objectives: Maintain satisfactory cleaning operations in the designated areas.

1.4 Scope of Work: Section 5 contains the specific job tasks for the scope of work.

1.5 Period of Performance: The period of performance shall be for one (1) Base Period of 5-months and four (4) 5-month option periods. The Period of Performance reads as follows:

Base period: May 11, 2026, to May 10, 2027.

Active period of performance: May 13, 2026, through October 13, 2026.

Option 1: May 11, 2027, to May 10, 2028.

Active period of performance 1: May 12, 2027, through October 12, 2027.

Option 2: May 11, 2028, to May 10, 2029.

Active period of performance 2: May 17, 2028, through October 17, 2028.

Option 3 May 11, 2029, to May 10, 2030.

Active period of performance 3: May 16, 2029, through October 16, 2029.

Option 4: May 11, 2030, to May 10, 2031.

Active period of performance 4: May 15, 2030, through October 15, 2030.

1.5.1 During the contract period, the Nebraska Tailwaters Cleaning Contractor shall have each Thursday off. If an emergency or other situation arises wherein the Contractor must take a day other than the normal day off, the Contractor must get prior approval from the COR. Services and reimbursement of work performed for cleaning contractors by any other approved person(s) are the responsibility of the Contractor. If other than an emergency, the Contractor shall contact the COR a minimum of 48 hours in advance of the Contractor’s planned absence.

1.6 General Information

1.6.1 Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this Performance Work Statement (PWS). The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s quality control program is the means by which the Contractor assures that his/her work complies with the requirements of the contract.

1.6.2 Recognized Holidays: The Contractor is required to perform work on recognized holidays that fall within the contract period, unless the date is indicated as a “day off” as defined in section 1.5.1. The Government recognizes the following holidays:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Juneteenth Christmas Day Independence Day

1.6.3 Hours of Operation: The contractor is responsible for conducting business, between the hours of 6:00AM and 6:00PM - except - when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.4 Place of Performance: The work to be performed under this contract will occur at the Nebraska Tailwaters Campground, Day Use Area and surrounding area within the Gavins Point Project, Cedar County, Nebraska. This area is located approximately five miles west and one mile south of Yankton, South Dakota.

1.6.4.1 The campground has 35 electrical (1 is a group site) sites and 2 non-electrical tent sites. The campground has one comfort station with flush toilets, hot/cold water and showers. Dump station facilities are located just outside the campground. Also, there is one large shelter, one additional comfort station, a fish cleaning station, handicap fishing pier, vault toilets, overlook, roadways and parking lots that are included in this contract. Facility inventory is shown in Exhibit 4.

1.6.5 Type of Contract: The Government will award a firm fixed price purchase order.

1.6.6 Security Requirements: 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 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 as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor security matters or processes. Background checks may be required for this contract.

1.6.6.1 Surveillance of the recreation area is an integral part of the Contractor's duties. The mere physical presence of a person who can contact the authorities is often a strong deterrent to vandalism and rowdy behavior.

1.6.6.2 Days Off: The Contractor’s day off each week will be Thursday, meaning the performance of job duties is not required that day.

1.6.6.3 Key Control: The Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the Contracting Officer.

1.6.6.3.1. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.

1.6.6.3.2. The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer.

1.6.7 Compliance with Laws and Regulations: The Contractor shall comply with all laws, ordinances, statutes and regulations, pertaining to the services specified herein. The Contractor must pre-screen candidates using the E-verify Program (http://www.dhs.gov/E-Verify) to meet the established employment eligibility requirements. The vendor must ensure that the candidate has two valid forms of Government issued identification prior 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.

1.6.7.1 Special Qualifications: The Contractor shall ensure that personnel involved in the control operations have the technical knowledge and ability to properly perform the required work activities.

1.6.7.2 Contractor personnel will wear clothing appropriate for being in a public setting and for performing the work that is required under this contract, to the approval of the COR. Unauthorized advertisements will not be displayed on clothing or within the contract area. No bare feet will be permitted while on duty and shirts covering from the waist up are required.

1.6.8 Post Award Conference/Periodic Progress Meetings: The Contractor shall meet with the COR prior to commencement of work to discuss performance requirements and administration of the contract. The Contractor at this meeting shall submit for approval the following: work plan, safety plan, and certificates of insurance. The work plan shall include a list of materials, equipment, and cleaning supplies for approval. Also, personnel requirements and a detailed work schedule with approximate time of performance at each facility shall be included in the work plan. Once approved, this plan shall not be changed without the approval of the COR. Also, the Contractor shall visit all work areas with the COR prior to commencement of work. This will provide an opportunity to discuss specific work areas and quality of performance issues.

1.6.8.1 Pre-Bid Site Visit: It is highly recommended that a bidder make an on-site visit to the project to inspect the facilities and area prior to submittal of bid. Annual visitation in recent years has exceeded 1.6 million visits to the lake. A majority of this use is during the months of May through September. Park facilities receive heavy use and require professional care to meet project cleaning standards.

1.6.9 Contracting Officer Representative (COR): The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance, maintain written and oral communications with the Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements, including Government drawings, designs, and specifications, monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies, coordinate availability of Government furnished property, and provide site entry of Contractor http://www.dhs.gov/E-Verify personnel. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.10 Key Personnel: Not Applicable.

1.6.11 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. Contractors and subcontractors are required to wear their company ID and may be required to wear Government supplied badges. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

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

1.6.12 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.7 Safety:

1.7.1 Emphasis shall be placed on safety on all phases of operations by the Contractor.

1.7.2 The Contractor shall provide and have available at all times a fully stocked first-aid kit in each vehicle used in this contract and instruct employees in its use.

1.7.3 The Contractor shall meet with all employees prior to commencement of this contract to fully discuss the contract safety program.

1.7.4 The Contractor shall adhere to EM 385-1-1 Safety and Health Requirements Manual, available at the Project Office.

1.7.5 Flammable liquids and explosives are not allowed in the storage shed. Certain cleaners are regulated by law and may need to be separated within the shed.

1.8 Unsatisfactory Performance:

1.8.1 All services performed under this contract shall be performed in a strictly first-class manner. Following cleaning, all surfaces shall be left in a clean condition, defined as being free of all particulate matter, film, spots, streaks, and/or stains. Glossy surfaces shall be wiped or polished with a dry cloth to restore original sheen.