W9123823Q0037.pdf

SEE ADDENDUM

(No Collect Calls)

W9123823Q0037 23-Mar-2023

b. TELEPHONE NUMBER

000-000-0000

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 25 Apr 2023

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.

W912389. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

SAM L HUDSON

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

US ARMY CORPS OF ENGINEERS, SACRAMENTO

CONTRACTING DIVISION

1325 J STREET

SACRAMENTO CA 95814-2922

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 W91238 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

LAKE KAWEAH

MATTHEW MURPHY

P.O. BOX 44270 34443 SIERRA DRIVE

LEMON COVE CA 93244-0346

TEL: 559-597-2301 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$25,000,000.00

NAICS:

561621

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 OF69

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.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months Lake Kaweah Security Monitoring

FFP

All work shall be performed in accordance with the PWS dated 20 March 2023.

FOB: Destination

PSC CD: N063

NET AMT

1001 12 Months OPTION Option Year 1 - Security Monitoring

FFP

All work shall be performed in accordance with the PWS dated 20 March 2023.

2001 12 Months OPTION Option Year 2 - Security Monitoring

FFP

All work shall be performed in accordance with the PWS dated 20 March 2023.

3001 12 Months OPTION Option Year 3 - Security Monitoring

FFP

All work shall be performed in accordance with the PWS dated 20 March 2023.

4001 12 Months OPTION Option Year 4 - Security Monitoring

FFP

All work shall be performed in accordance with the PWS dated 20 March 2023.

PRICING SCHEDULE

Pricing Schedule

Line Item

Description of Service Qty Unit of Issue

Unit Price

Total Price

0001 Base Year:

0001.1 Pre-work meeting 1 EA

0001.2 Installation of Security Monitoring

Equipment at each building

6 EA

0001.3 Twenty-four (24) hour Security Monitoring

and Maintenance for Terminus Dam Tower.

12 Months

0001.4 Twenty-four (24) hour Security

Monitoring and Maintenance for Project

Office.

12 Months

0001.5 Twenty-four (24) hour Security

Monitoring and Maintenance for Shop.

12 Months

0001.6 Twenty-four (24) hour Security

Monitoring and Maintenance for Butler

Building.

12 Months

0001.7 Twenty-four (24) hour Security Monitoring

and Maintenance for Kaweah Heritage

Visitor Center

12 Months

0001.8 Twenty-four (24) hour Security

Monitoring and Maintenance for Horse

Creek Campground Fee Building.

12 Months

Base Year Total:

1001 Option Year One

1001.1 Twenty-four (24) hour Security Monitoring

and Maintenance for Terminus Dam Tower.

12 Months

1001.2 Twenty-four (24) hour Security

Monitoring and Maintenance for Project

Office.

12 Months

1001.3 Twenty-four (24) hour Security

Monitoring and Maintenance for Shop.

12 Months

1001.4 Twenty-four (24) hour Security

Monitoring and Maintenance for Butler

Building.

1001.5 Twenty-four (24) hour Security Monitoring

and Maintenance for Kaweah Heritage

Visitor Center

12 Months

1001.6 Twenty-four (24) hour Security

Monitoring and Maintenance for Horse

Creek Campground Fee Building.

Option Year One Total:

Option Year Two:

2001.1 Twenty-four (24) hour Security Monitoring

and Maintenance for Terminus Dam Tower.

12 Months

2001.2 Twenty-four (24) hour Security

Monitoring and Maintenance for Project

Office.

12 Months

2001.3 Twenty-four (24) hour Security

Monitoring and Maintenance for Shop.

12 Months

2001.4 Twenty-four (24) hour Security

Monitoring and Maintenance for Butler

Building.

12 Months

2001.5 Twenty-four (24) hour Security Monitoring

and Maintenance for Kaweah Heritage

Visitor Center

12 Months

2001.6 Twenty-four (24) hour Security

Monitoring and Maintenance for Horse

Creek Campground Fee Building.

Option Year Two Total:

3001 Option Year Three:

3001.1 Twenty-four (24) hour Security Monitoring

and Maintenance for Terminus Dam Tower.

12 Months

3001.2 Twenty-four (24) hour Security

Monitoring and Maintenance for Project

Office.

12 Months

3001.3 Twenty-four (24) hour Security

Monitoring and Maintenance for Shop.

12 Months

3001.4 Twenty-four (24) hour Security

Monitoring and Maintenance for Butler

Building.

3001.5 Twenty-four (24) hour Security Monitoring

and Maintenance for Kaweah Heritage

Visitor Center

12 Months

3001.6 Twenty-four (24) hour Security

Monitoring and Maintenance for Horse

Creek Campground Fee Building.

Option Year Three Total:

4001 Option Year Four:

4001.1 Twenty-four (24) hour Security Monitoring

and Maintenance for Terminus Dam Tower.

12 Months

4001.2 Twenty-four (24) hour Security

Monitoring and Maintenance for Project

Office.

12 Months

4001.3 Twenty-four (24) hour Security

Monitoring and Maintenance for Shop.

12 Months

4001.4 Twenty-four (24) hour Security

Monitoring and Maintenance for Butler

Building.

12 Months

4001.5 Twenty-four (24) hour Security Monitoring

and Maintenance for Kaweah Heritage

Visitor Center

W9123823Q0037

4001.6 Twenty-four (24) hour Security

Monitoring and Maintenance for Horse

Creek Campground Fee Building.

Option Year Four Total:

Grand Total

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

Security Alarm Service Contract Terminus Dam / Lake Kaweah Performance Work Statement

March 20, 2023

Project: Provide 24-hour monitoring services and immediate notification of the proper personnel and Tulare County Sheriff’s Office when an alarm signal is activated at all locations included in the contract for Terminus Dam/Lake Kaweah, Tulare County, CA.

1. General Information

1.1 This is a performance-based contract for Security Alarm Services at Terminus Dam/Lake Kaweah, Tulare

County, CA. The overall responsibility of the Contractor is to plan, coordinate, organize, manage, and perform the activities described within this contract in accordance with the performance objectives.

2. Introduction

This Performance Work Statement describes the basic objectives for Security Alarm Services and on-site checking, adjustment, and repair of alarm systems and sirens at the Terminus Dam Tower, Project Office, Shop, Butler Building, Kaweah Heritage Visitor Center and Horse Creek Campground Fee Building. A one-time evaluation and installation of an alarm system in the Base Year is also required in this contract.

Repair or replacement of faulty equipment will be done at the same time of the inspections.

3. Description of Services

The Contractor shall furnish all labor, materials, equipment, transportation and supplies necessary to fulfill the terms and conditions stated in this contract. The Contractor shall be responsible for all costs related to performing Security Alarm System services. All work, materials and equipment shall be subject to the control and approval of the Contracting Officer’s Representative (COR

4. Pre-Work Meeting

4.1 At least ten (10) days prior to commencement of work, the Contractor shall contact the COR to schedule a pre-work meeting. This meeting will be held at the Terminus Dam/Lake Kaweah Park Headquarters, located at 34443 Sierra Drive, Lemon Cove, CA 93244.

4.2 During the pre-work meeting, the Contractor shall provide the COR with the following for approval:

The Contractor shall submit an Accident Prevention Plan (APP) as required by EM 385-1-1, Safety and Health Requirements Manual.

Uniform and Personal Protection Equipment is be used for the execution of contract services (PPE).

Insurance: The Contractor shall procure and maintain insurance for any and all employees during the entire period of his/her performance under this contract and in accordance with the Contract Clause, “Insurance - Work on a “Government Installation”:

o Workmen’s Compensation and Employers’ Liability Insurance.

o Workmen’s Compensation and Occupational Disease Coverage in accordance with statutory limits.

o Employers’ Liability coverage with a minimum limit of $100,000.

o Comprehensive Automobile Liability Insurance: Bodily Injury coverage with minimum limits of $200,000 per person and $500,000 per occurrence.

o Property Damage Coverage with a minimum limit of $20,000 per occurrence.

Contractor Vehicle Identification: All Contractor vehicles shall be identified with the company name or logo conspicuously displayed on door panels. Professionally made magnetic signs or pressure sensitive decals may be used to comply with this specification.

5. Contractor’s Quality Control Plan (QCP)

5.1 The Contractor shall establish and maintain a complete QCP to assure the requirements of this contract are provided as specified. This QCP shall be forwarded to the COR at time of award. The COR will review the QCP and list any needed clarifications, and return to the Contractor for response, if necessary, reference Attachment B. The Contractor’s QCP shall include the following, or have incorporated into the document during performance of the contract, at a minimum:

5.2 An inspection plan covering all services is required by this contract. The inspection plan shall specify the areas to be inspected on either a scheduled or unscheduled basis, how often inspections shall be accomplished and documented, and shall specify the title of the individual(s) who will perform the inspections.

5.3 On-site records of all inspections conducted by the Contractor noting necessary corrective actions taken.

The Government reserves the right to request copies of any and/or all inspections.

5.4 Active or established internal policies and procedures for updating equipment and procedures that may affect the performance of the contract.

5.5 Methods for identifying and preventing deficiencies in the quality of service performed, before the level of performance becomes unacceptable and organizational functions noting intermediate supervisory responsibilities and overall management responsibilities for ensuring total acceptable performance.

5.6 Identify the character, physical capabilities, certifications and ongoing training of each employee performing services under the contract.

5.7 Contain a log to account for all requests for immediate services. The log shall indicate the date and time of services, and description of results and completion of these services. The log shall also contain any complaints or problems, with procedures taken, to allow for corrections and/or elimination before effects caused interruption of performance of the contract.

6. Materials, Equipment & Supplies

6.1 The Contractor shall be responsible for all materials and equipment in their possession. The Contractor shall be accountable for any loss, damage, or misuse of Government equipment and/or property being used during the performance of contractual services.

7. Reporting

7.1 The Contractor shall maintain an accurate record of and shall notify the COR immediately following the occurrence/discovery, of any accidents resulting in death, injury, occupational disease, and/or damage to property or equipment, incidental to work performed under this contract.

7.2 The Contractor shall submit a monthly invoice for payment, verifying that all units, quantities and amounts are true and correct. Invoice will include contract number, invoice number, and name of company.

8. Services to be performed

8.1 The Contractor shall be responsible for all services required to properly maintain and monitor the alarm systems at Terminus Dam/Lake Kaweah, U.S. Army Corps of Engineers. All alarm functions, installation, monitoring, maintenance, upkeep, repairs and other services related to the proper functions of the said items shall be the responsibility of the contractor. Each building shall have the capability to be programmed with at least thirty-five (35) separate pass codes. The security system will have the capability to maintain a record each time a code is used to enter a building or alarm the system. The security system will have the capability to be accessed and monitored remotely. The system sensor requirements will be as follows at a minimum:

8.1.1 Terminus Dam Control Tower: located on the Main Dam the Tower is approximately 1,200 sq ft it has two rooms on the top floor with one walk through door and one rollup door. The Tower will require a sensor on the roll up door and the external office door, no motion sensors should be required for this area.

8.1.2 Project Office: located in the Administration complex, the Project Office is approximately 3,500 sq ft. It has 10 rooms and five external doors. The Project Office will require one image motion sensor in each of the rooms and door sensors on the external doors only.

8.1.3 Shop: Located adjacent to the Project Office in the Administration complex, the Shop is approximately 1,600 sq ft. It has two large rooms and two smaller offices with two external walk through doors and one rollup door. The building will require one image motion sensor in each of the rooms; a door sensor on each of the walk-through doors; and a sensor on the rollup door.

8.1.4 Butler Building: located west of the Project Office in the Administration Complex, the Butler Building is approximately 2,400 sq ft. It has one large room with a restroom, three external walk through doors (two double and one single) and two rollup doors. It will require one image motion sensor; a door sensor on each of the walk-through doors; and a sensor on each of the rollup doors.

8.1.5 Kaweah Heritage Visitor Center: located in the Lemon Hill Recreation Area, the Visitor Center is approximately 920 sq ft. It has three rooms and two exterior doors. It will require an image motion sensor in each room and a door sensor on each exterior door.

8.1.6 Horse Creek Campground Fee Building: located in the Horse Creek Recreation Area, the Campground Fee Building is approximately 480 sq ft. It has two rooms and two external doors. It will require an image motion sensor in each room and door sensor on each external door. Each building will need to have an alarm system installed that utilizes a cellular communication system as opposed to a landline-based system.

Wherever possible, the use of wireless technology is preferred over the use of wired technology.

8.2 A Standard Operating Procedure (SOP) and training of the installed system will be given to the Operation Project Manager and representatives

8.3 Alarm and Security Monitoring: Provide 24-hour monitoring service and immediate notification of the proper park personnel and Tulare County Sheriff’s Office (TCSO) when an alarm signal is activated.

Notification shall include Building, time and sensor.

8.4 Maintenance/Inspection: On-site checking, adjustment, and repair of alarm systems and sirens at the

Terminus Dam Tower, Project Office, Shop, Butler Building, Kaweah Heritage Visitor Center, and Horse Creek Campground Fee Building. Repair or replacement of faulty equipment will be done at the time of the inspection. As needed, Contractor shall provide any needed replacement parts, equipment and repairs.

Service inspections will be performed quarterly during the months of January, April, July and October.

The COR shall be notified at least 48 hours prior to the service inspection. Servicing shall be performed during the Park Office hours of 0800 to 1630, Monday through Friday, excluding federal holidays.

9. Performance and Program Objectives

9.1 The Contractor shall be responsible for services described herein. The Government objectives are described in the “Performance of Work Requirements Summary”.

10. General Service Provisions

10.1 Unless otherwise approved by the COR, all services shall be performed between 0800 and 1630, Monday through Friday, excluding Federal holidays.

10.2 The Contractor is responsible for the management and quality control actions to meet the requirements of the contract. The role of the Government is quality assurance, to ensure quality control standards are achieved.

11. Estimated Service Schedule/Frequency

11.1 The Contractor shall remove all damaged equipment and exhausted supplies from Government property immediately upon completion of the service.

12. E-Verify

12.1 As of September 8, 2009, employers with federal contracts or subcontracts are required to use E-Verify to determine the employment eligibility of employees performing direct, substantial work under those federal contracts. Information on registration for and use of the E-Verify program can be obtained via the Internet at the Department of Homeland Security Web site: http://www.dhs.gov/E-Verify

13. Standards of Employee Conduct

13.1 The Contractor and their employees shall be required to adhere to the following standards of dress and conduct while performing work. These regulations are enforceable as per the U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, 1 November 2014, the California State Health Code, and County Codes.

13.2 All Contractor personnel shall be identifiable by wearing a company uniform or clothing with the company name or logo conspicuously displayed on the clothing. The Contractor shall use personal protective equipment (PPE) as identified in EM 385-1-1, Safety and Health Requirements Manual. EM 385-1-1, Section 5 states, “The use of PPE is a control measure that is to be used only after a hazard evaluation identifies hazards associated with a particular job or activity, and it is determined that the hazards cannot be eliminated and/or controlled to an acceptable level through engineering design or administrative actions.”

The use of proper PPE shall be determined at the pre-work conference following the Contractor’s submittal of an activity hazard analysis. All PPE shall be in compliance with the SDS for chemical(s) being used.

13.3 A clean, well-groomed appearance shall be maintained at all times while performing contract services.

13.4 The Contractor shall not be in possession of any weapons in the public use areas at any time.

13.5 The Contractor shall not take part in any selling or advertising activities.

13.6 The Contractor shall not perform any duties relative to any other contract duties while performing this contract.

13.7 Alcoholic beverages and/or illegal substances shall not be consumed or possessed prior to or while on duty, nor at any time while the Contractor is performing contract services. The Contractor shall not be under the influence of any substance that impairs his/her ability to safely perform contract services.

13.8 The Contractor and their employees shall not smoke in or around any Government-owned structures or facilities. Additionally, the Contractor shall not smoke while in contact with the public and/or Government personnel.

13.9 The use of any Government property without proper authorization will not be permitted.

13.10 The Contractor shall comply with all CFR Title 36 regulations while performing services under this contract. The Contractor and their employees shall cooperate fully with all Corps of Engineers Employees, local law enforcement and State agencies. The Contractor and their employees are not authorized to direct the work of other contractors.

14. Protection and Use of Government Facilities and Equipment

14.1 The work to be performed is within the boundaries of public areas. The Contractor’s attention is directed to the needs for extreme caution and care while driving and operating equipment. Safety requirements of EM- 385-1-1 shall apply to all work. A copy of the Engineering Manual is available at the Park Headquarters for review or on-line at: https://www.usace.army.mil/Missions/Safety-and-Occupational-Health/Safety-and- Health-Requirements-Manual/.

14.2 The Contractor shall be responsible for restoring any Government facilities or property damaged as a result of the Contractor’s operations. Reasonable care shall be used to avoid damage to existing structures, equipment, facilities, and vegetation in the areas serviced. Any damage shall be repaired or replaced as directed by the COR, and at no cost to the Government. If the Contractor does not make such repairs or replacement, the cost thereof will be deducted from normal contract payments.

14.3 The Government will provide repairs, as needed, to Government property used by the public. However, if damages are found to be a result of the Contractor’s negligence or lack of reasonable care, the cost of repairs or the cost of replacement will be the responsibility of the Contractor. If the Contractor does not reimburse the Government for such repairs or replacement, the cost thereof will be deducted from normal contract payments.

15. Performance Evaluation Meeting

15.1 The issuance of a Contract Discrepancy Report (CDR) may be cause for the scheduling of a meeting with the Contractor, Contracting Officer (KO) and the Contracting Officer’s Representative (COR). A mutual effort will be made to resolve all problems identified. The Government will prepare written minutes of the meeting. The Contractor, KO, and the COR will sign minutes of the meeting(s).

15.2 Should the Contractor not concur with the minutes, he/she will state in writing to the Contracting Officer within ten (10) business calendar days any areas he does not concur and explain the reasons for non-concurrence. The Contracting Officer will review and consider the reasons submitted for the Contractor’s non-concurrence and make a decision. The Contracting Officer will notify the Contractor of the decision in writing within ten (10) business calendar days.

16. Remedial Actions

16.1 The COR will verbally advise or give a written inspection report to the Contractor of discrepancies the first time they occur and ask the Contractor to correct the problem. A notation will be made on the COR checklist of the date and the time the deficiency was discovered and the date and time the Contractor was notified.

16.2 If the Government creates any discrepancies in contract services, these will not be counted against the

Contractor’s performance.

16.3 When the Contractor is not meeting the limits of satisfactory performance, a CDR will be issued to the Contractor. The seriousness of the failures should govern whether to issue a CDR at the end of the period, or as soon as the limits of satisfactory performance is exceeded.

16.4 When a CDR is issued for a service, the Contracting Officer must deduct from the periodic payment, a percentage of that payment as indicated in the Performance of Work Requirements Summary (Attachment A).

16.5 If the Contractor does not achieve satisfactory performance by the end of the next period or agreed suspense date, another CDR will be issued and the appropriate amount will be deducted from the periodic payment in accordance with the disincentive rate listed in the attached Performance of Work Requirements Summary (Attachment A).

16.6 A third CDR will be the cause for a Cure Notice. However, the Contracting Officer may issue a Cure

Notice or Show Cause letter at any time he/she deems appropriate. Depending on the overall performance of the Contractor, an unsatisfactory reply to the Cure Notice should require a Show Cause letter to be issued, followed by consideration of termination of the contract.

17. Authorities/Technical Direction

17.1 The Contractor shall take no direction from any Government employee or any other person other than the

Government Contracting Officer that changes the terms and conditions of this contract action, the scope, or any change that impacts the cost, price or schedule. Changes authorized by the Contracting Officer will be in the form of a written, official, signed modification to the contract action received by the Contractor before the Contractor will act upon those changes. The Contractor shall comply with the Changes clause of this contract when the Contractor believes direction has been given from persons other than the Government Contracting Officer that equate to a change by notifying the Contracting Officer as directed by the clause. Any direction given by any Government employee or any other person outside their authority must be reported to the Contracting Officer. Contracting Officer Representatives (CORs) are limited to the authorities stated in the COR appointment letters. If a COR is appointed under this contract, they will be appointed by written letter from the Contracting Officer to the Contractor and COR specific to this contract only. COR appointment letters from previous contracts at this installation are not valid for this contract.

18. Payment and Invoices

18.1 Invoices for payment shall be submitted upon completion of tasks (NET30) as outlined in the pricing/payment schedule. Invoices shall include all necessary information, including any necessary supporting documentation required as part of this Performance Work Statement. All invoices must reflect the contract number W91238-23-P-XXXX, see Block 2 of the Standard Form 1449. The final invoice must be marked “FINAL”. Copies of all invoices shall be provided to the following:

18.2 An original invoice WITHOUT additional information or supporting documentation shall be mailed to:

USAED, Finance Center

Attn: CEFC-FP 5722 Integrity Dr.

Millington, TN 38054-5005

18.3 A copy each of invoice WITH all necessary supporting documentation as required by this Performance

Work Statement shall be mailed to the following individuals:

U.S. Army Corps of Engineers, Sacramento District

CESPK-CO-SK, Terminus Dam / Lake Kaweah Attn: Contracting Officer’s Representative P.O. Box 44270

Lemon Cove, CA 93244-4270

23. Contract Payments

23.1 The Government shall pay the Contractor upon submission of proper invoices for the services delivered and accepted or for the portion of work actually performed under the contract. Payment shall be made as indicated in the contract’s Payment Schedule. Services as defined in the Payment Schedule of the contract must be accepted by the Government before payment will be made.

23.2 The Contractor shall be paid at the completion of services for the amount of work accomplished. Failure to complete any of the required items defined in the contract specifications for a particular service shall be cause for that service to be considered incomplete in its entirety. Incomplete services are not billable by the Contractor. As per the Performance Work Statement, if work accomplished is unsatisfactory and does not meet the contract specifications, the Contractor shall be subject to the parameters set forth in the Performance Work Statement and may be held liable for any costs to the Government to correct the problem. The COR shall verify invoices before payment will be authorized.

23.3 The Contractor shall submit a monthly invoice for payment NET30, verifying that all units, quantities and amounts are true and correct. Invoices shall be received by close of business on the first business day of the following month at Terminus Dam Lake Kaweah Park Headquarters. The invoice may be emailed in either Microsoft Word, Excel or in a PDF format to the COR. An invoice number, the billing period services performed, and itemized line-item charges shall be indicated on the invoice in addition to the Contractor’s name, address, contact information and contact number.

23.4 The final payment will be authorized when all Government issued equipment has been returned and all reporting requirements have been met.

24. PERFORMANCE OF WORK REQUIREMENTS SUMMARY

24.1 The purpose of this exhibit is to:

a. List the contract requirements considered most critical to acceptable contract performance.

b. Show, where applicable, the maximum allowable degree of deviation from perfect performance for each requirement that shall be allowed by the Government before contract performance is considered unsatisfactory.

c. Define the procedures the Government shall use in reducing the Contractor’s monthly payment if satisfactory performance is not rendered.

24.2 The Government’s quality assurance procedures are based on actual performance of the contract and all areas will be reviewed periodically, (e.g. daily, weekly, monthly, quarterly, semi-annually, etc.).

24.3 The criteria for acceptable and/or unacceptable performance are as follows:

d. Contract requirements. The criteria for requirements are the level of performance deemed acceptable by the Government.

e. If the quality of work does not comply with the contract requirements, the COR will initiate and the Contractor shall be required to complete a Contract Discrepancy Report (CDR).

f. The CDR will require the Contractor to explain in writing why performance was unacceptable, how performance will be returned to an acceptable level, and how recurrence of the problem will be prevented in the future. The Contractor will not be paid for services not rendered in accordance with the standards set forth in this contract.

g. If the level of performance is deemed unacceptable to the Government, concurrent with two unsatisfactory ratings, monthly payment will be reduced for unsatisfactory performance by the percentage as shown in the chart below:

(1) OBJECTIVE: Pre-Work Meeting

Performance Standard

Acceptable Quality Level

(AQL)

Method and Frequency of Inspection

Remedy

Successful Completion of pre-work meeting specifications outlined in Section 11.2.

100% required at the AQL

Pre-work meeting will be required before the base year and 4 option years

Remedy: The Contractor shall complete the requirements of the pre-work meeting per specifications outlined in Section 11.2.

(2) OBJECTIVE: Alarm and Security Monitoring

Performance Standard Minimum Quality Level

(MQL)

Method and Frequency of Inspection

Remedy

Successful completion of Alarm and Security monitoring as per specifications outlined in Section 11.3

100% required at the AQL

Random quality assurance inspections by the COR.

The Contractor shall complete a successful service per specifications outlined in Section 11.3. Continuous review until performance is satisfactory.

Successful Completion of Maintenance/Inspections as per specifications outlined in Section 11.4.

100% required at the AQL

Random quality assurance inspections by the COR.

The Contractor shall complete a successful service per specifications outlined in Section 11.4. Continuous review until performance is satisfactory.

Successful Completion of reprogramming as per specifications outlined in Section 11.7.

100% required at the AQL

Random quality assurance inspections by the COR.

The Contractor shall complete reprogramming of alarm codes per specifications outlined in Section 11.7.

Continuous review until performance is satisfactory.

Successful Completion of alarm system installation11.7 as per specifications outlined in Section 11.7.

100% required at the AQL

Alarm will be inspected at time of installation

The Contractor shall complete installation per specifications outlined in Section 11.7.

Continuous review until performance is satisfactory.

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 1001 Destination Government Destination Government 2001 Destination Government Destination Government 3001 Destination Government Destination Government 4001 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 19-MAY-2023 TO

30-APR-2024

N/A LAKE KAWEAH

MATTHEW MURPHY

P.O. BOX 44270 34443 SIERRA DRIVE

LEMON COVE CA 93244-0346

559-597-2301

W91238

1001 POP 01-MAY-2024 TO

30-APR-2025

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-MAY-2025 TO

30-APR-2026

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-MAY-2026 TO

30-APR-2027

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-MAY-2027 TO

30-APR-2028

N/A (SAME AS PREVIOUS LOCATION)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

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 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-10 Waste Reduction Program MAY 2011 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.232-8 Discounts For Prompt Payment FEB 2002 52.232-29 Terms for Financing of Purchases of Commercial Products and Commercial Services

NOV 2021

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

MAR 2023

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation

APR 1984

52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

JAN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (DEC 2022)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Reserved.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.

1341), the following shall govern:

(i)…