Solicitation - W912BV24Q0057.pdf

SEE ADDENDUM

(No Collect Calls)

W912BV24Q0057 07-Jun-2024

b. TELEPHONE NUMBER

580.581.4159

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 09 Jul 2024

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912BV9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

LEANN R THORNTON

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

CONTRACTING DIV

US ARMY CORPS OF ENGINEERS, TULSA DISTRICT

2488 E. 81ST STREET

TULSA OK 74137-4290

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 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

918-669-7436FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$9,000,000

NAICS:

562991

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF60

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.

W912BV24Q0057

Section A - Solicitation/Contract Form

INSTRUCTIONS TO OFFERORS

INSTRUCTIONS TO OFFERORS

PREPARING YOUR QUOTE:

Your Quote shall consist of ONLY the following list of required items:

1) Submit a signed copy of the first page of the solicitation

a. Complete block 17a with your name and Unique Entity ID (UEI)

b. Sign block 30a (digital signatures are accepted)

c. DO NOT SUBMIT A COPY OF THE SOLICITATION IN ITS ENTIRETY

2) Submit a signed copy of all amendments issued, if any. It is your responsibility to monitor SAM.gov for amendments. DO NOT SUBMIT A COPY OF THE AMENDMENT IN ITS ENTIRETY. Only pages that require a vendor response shall be submitted.

3) Submit a completed copy of the Contractor Information Sheet in Section B of the Solicitation.

4) Complete the pricing schedule provided with the solicitation. All items in the pricing schedule must be completed, including optional items. All items must include a dollar value.

5) Complete the subcontractor data worksheet provided with the solicitation. Your quote must identify the business size and percentage of work to be completed by the prime contractor; and the business name, address, the percentage of work to be completed by the subcontractor. Offerors shall identify the business size of any subcontractors based on the NAICS code identified. Offerors must clearly identify whether a subcontractor(s) will be performing work, the percentage of work to be performed by each subcontractor, and the socio-economic category into which each identified subcontractor falls. (FAR 52.219-14

LIMITATIONS ON SUBCONTRACTING FOR SMALL BUSINESS (DEVIATION 2021-O0008) (FEB

2023). Offerors shall also provide a signed and dated Letter of Commitment from each subcontractor. The Subcontractor Letter of Commitment shall be signed by the subcontractor on the subcontractor’s own letterhead.

6) Complete the Representations and Certifications (Reps and Certs) in Section K, unless already completed and current in the System for Awards Management at https://sam.gov/. Notice: Failure to respond to provision 52.204-26 and, if applicable 52.204-24, will deem your offer non-responsive and un-awardable.

7) Please NOTE this solicitation requires offerors to enter a National Institute of Standards and Technology

(NIST) score in the Supplier Performance Risk System (SPRS). The NIST score is a responsibility item.

Those without a NIST score in SPRS will be deemed NON-RESPONSIBLE and will not be eligible for award.

The SPRS NIST Special Publication 800-171 website provides a comprehensive set of reference materials to assist you in this effort. This website is found at: https://www.sprs.csd.disa.mil/nistsp.htm and includes guides, frequently asked questions, and tutorials.

Potential offerors are encouraged to allow ample time to complete this responsibility item.

NEED HELP:

If you need assistance with SAM, NIST or preparing your quote, please contact your local Procurement Technical Assistance Center (PTAC). You may find your PTAC here: https://www.aptac-us.org/contracting-assistance/.

Offerors must have an active registration in SAM to be eligible for award.

In accordance with AFARS 5132.702(a)(ii)(B): Funds are not presently available for this acquisition. No contract will be awarded until appropriated funds are made available.

Quotes shall be valid for an additional 45 days past the date quotes are due.

SUBMITTING YOUR QUOTE

Offerors shall limit their offer to include ONLY the required items listed in “PREPARING YOUR QUOTE” above.

THE ONLY AUTHORIZED TRANSMISSION METHOD FOR SUBMITTING QUOTES IN RESPONSE TO

THIS SOLICITATION IS THROUGH THE PIEE SOLICITATION MODULE WEBSITE AT: https://piee.eb.mil.

NO OTHER TRANSMISSION METHODS (EMAIL, FACSIMILE, REGULAR MAIL, HAND CARRIED, ETC.)

WILL BE ACCEPTED.

Quote submissions shall be uploaded to the PIEE Solicitation Module website by the identified date and time.

Solicitation Number: W912BV24Q0057.

VENDORS ARE STRONGLY ENCOURAGED TO READ THE PIEE SOLICITATION MODULE

WEBSITE INSTRUCTIONS.

Electronic File Submission Organization:

Offerors shall submit their quote in response to this RFQ via PIEE Solicitation Module in ONE (1) transmission to the identified USACE receivers in “PIEE Solicitation Module Website and Submission Receiver Information” below. It shall be the offeror’s responsibility to check the websites for any amendments. The offeror shall submit in the quote all requested information specified in this solicitation.

Ensure files are compatible and viewable in Microsoft Office 2013, or later, format. Self-extracting exe files are not acceptable. Zip files are not recommended. DO NOT USE Cloud storage providers, google docs, web-based drop boxes, OneNote/OneDrive, URLs, web-based format, or any other virtual/web-based memory services are NOT acceptable methods of submitting a quote

PIEE Solicitation Module Website and Submission Receiver Information:

PIEE Solicitation Module: https://piee.eb.mil/

Email addresses to enter as ‘Receivers’ in PIEE Solicitation Module, Leann.R.Thornton@usace.army.mil and Rudolfo.J.Morales@usace.army.mil.

INQUIRIES – OFFEROR’S QUESTIONS AND COMMENTS

USE OF BIDDER’S INQUIRY

Prospective offerors shall submit questions and inquiries related to this solicitation in accordance with the following (no other means of questions or inquiries will be answered except through Bidder’s Inquiry):

For information related to amendments, and the dates set for receipt of proposals, please check https://sam.gov/.

Contractual and Technical inquiries and questions relating to proposal procedures are to be submitted via Bidder Inquiry in ProjNet at https://www.projnet.org/.

1. To submit and review bid inquiry items, offerors will need to be a current registered user or self‐ register into the system. To self‐register go to the aforementioned web page and click on the BID tab.

Select Bidder Inquiry, select agency USACE, and enter the Bidder Inquiry Key for this solicitation listed below, your e‐mail address, and then click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue.

2. From this page, you may view all bidder inquiries or add an inquiry.

3. Bidders will receive an acknowledgement of their question via e‐mail, followed by an answer to their question after it has been processed.

The Solicitation Number is: W912BV24Q0057 The Bidder Inquiry Key is: 9UB8W2-JK52I4

The Bidder Inquiry System will be unavailable for new inquiries 2:00 PM Central Time, Tuesday, 2 July 2024 in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.

4. Offerors are requested to review the specification in its entirety and review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

5. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800‐428‐HELP.

6. Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals.

PRE-PROPOSAL/SITE VISIT CONFERENCE

A Pre-Proposal/Site Visit Conference is scheduled for:

Site Visit Date/Time: Tuesday, June 25, 2024

9:00 AM Central Time

Site Visit Location: U.S. Army Corps of Engineers Skiatook Lake Project Office 14004 Lake Road Skiatook, OK 74070

ANTITERRORISM AND OPERATIONS SECURITY REQUIREMENTS

The Government will provide the successful offeror with the required Army iWatch Antiterrorism Briefing documentation within two (2) business days of Contract Award.

Section B - Supplies or Services and Prices

PRICING SCHEDULE

PRICING SCHEDULE

Tall Chief Lift Station

Item Unit No. Description Quantity Unit Price Amount 0001 – Remove Existing concrete vault & Install new lift station vault, pumps & Replace electrical components 1 JOB $_______ $________

TOTAL BASE BID $________

Contractor Name (printed) Signature

1. All costs for items of work not listed separately in the Proposal Schedule or specifically mentioned to be included in a particular item price must be included in the listed item price most closely associated with the work involved.

2. This solicitation requires submission of a price on all items. Failure to do so will result in the proposal being rejected without further consideration.

3. Only one contract for the entire schedule will be awarded under this solicitation.

Section C - Descriptions and Specifications

STATEMENT OF WORK

SPECIFICATIONS FOR

Tall Chief Lift Station

PART 1 - GENERAL

1.1 SCOPE OF WORK

1.1.1. The Contractor shall be responsible for the mobilization of all personnel, materials, services, equipment and supplies necessary to complete the removal and installation of the Tall Chief lift station. Work includes removal of old tank and installation of a new tank, electrical components, and pumps. Contractor shall place new tank, electrical components and pumps to the specification provided. The general area shall be cleaned up by removing all materials from work site. After installation is completed, the area shall be finish graded to the desired contour to present a smooth appearance around the lift station. This lift station serves a 2-unit waterborne restroom each with a sink, toilet, and shower. Estimated peak daily flows are 600 gallons/day. The length of line from lift station to the sewage lagoon is approximately 1 mile and a vertical lift of 60 feet.

1.1.2. SPECIFICATION FOR REVOMING EXISTING CONCRETE VAULT

Contractor shall remove waste from solid tank and pump tank and dispose of any remaining materials including the existing 1000-gallon lift station vault. Materials must be disposed of offsite. Please refer to (1.9 Environmental Cleanup.)

1.1.3. SPECIFICTION FOR 1500-GALLAON LIFT STATION VAULT

Contractor shall install new 1500-gallon tank with a 4” PVC drain to capture liquids from the solids tank that is already on site. Tank shall comply with ODEQ 641 regulations. The 4” PVC shall have proper drop in elevation to collect liquids through gravity flow. Before tank is set the ground shall be tampered to ensure ground is packed to keep settlement at a minimum. Ground shall have a minimum 6” sand pad located at the bottom of the hole for protection. The tank opening shall be installed slightly above ground level to reduce runoff collection. 1500-gallon tank shall have a two-pipe outlet sufficient for the grinder pumps flow. The two outlet pipes shall have a back flow preventer and ball valves present on both outlets and tie into the existing 4” PVC pipe. Contractor shall install the two pumps adequate for the flows that are expected to be received from waterborne and head pressure needed to remove liquids from tank. Pumps shall be set up on series of floats that activate pumps when water level reaches adequate levels. Float 1 shall start the first pump. Float 2 shall activate the second pump and both pumps will run. Float 3 will activate an alarm allowing personnel to know there is an issue with the lift station. Pumps shall be set to alternate after each use. All floats shall be setup to the pumps specifications to ensure proper liquid coverage to reduce heat to motors.

1.1.4. SPECIFICAITON FOR Electrical Components

Contractor shall replace existing 100-amp panel with a 200-amp panel. The 200-amp panel shall have adequate breakers and wire size ran to the existing and new electrical components. Contractor shall locate and mark existing utilities. There is existing conduits and junction boxes located at site.

Currently waterborne is on a one pump system and existing junction box consist of wiring for one pump and floats. There is an additional junction box that contains wires that go from waterborne to the shelter and wires run along the East side of the existing tanks. Contractor shall provide conduit and wiring to make system compatible for a two-pump system. Contractor shall install an alarm system that will notify Project Personnel of issues with pumps. Alarm system shall be approved by COR or Project Manager.

1.2 BASIS FOR PAYMENT

Payment will be made in a one lump sum upon completion of work and acceptance by the Contracting Officers Representative (COR). A final inspection by the COR and a contractoror representative will be conducted to ensure all services and materials are satisfactory and in working order before release of payment.

1.3 WORKDAYS

Regular work hours will be from 8:00 am – 4:30 pm Monday through Friday, excluding federal holidays. The contracting officer must approve any proposed changes to the work hours. Work shall be accomplished within 60 days of contract award. Inclement weather days shall be documented and will not count against the 60 workdays. The contractor shall notify the COR if weather conditions do not allow work to continue.

1.4 SAFETY REQUIREMENTS

The contractor shall comply with the Corps of Engineers Safety Health Requirements Manual, EM 385-1-1, and all applicable Federal, State, and local safety codes and practices. It is the contractor’s responsibility to ensure public safety during the entire duration of the contract. Necessary signs, barriers, warning devices, etc. shall be operated and maintained by the contractor at contractor expense. Contractor employees shall comply with the minimum dress requirements as stated in Chapter 5 of EM 385-1-1. All work shall be accomplished in a safe manner and in accordance with standard industry practices. During excavation for removal of old tank and installing of new tank, refer to EM 385-1-1 for safe excavation/trenching methods. The contractor shall submit a safety hazard analysis for approval before commencing work.

1.5 EQUIPMENT

All equipment used to perform work under this contract shall be in good operating mechanical condition and shall comply with Section EM 385-1-1. Equipment shall be inspected by the contractor, and the inspection reports shall be submitted to the Contracting Officer prior to utilization of such equipment to accomplish work on this contract.

1.6 SUBMITTALS

The Contractor shall be required to furnish an Activity Hazard Analysis identifying potential safety concerns and recommended precautions. The Contractor shall also provide a work plan and submit it to the Contracting Officers Representative for approval prior to the pre-work conference and commencement of work. The work plan shall provide detailed procedures defining the Contractor’s provisions for installation of the dump station and lateral field. All submittals shall be approved prior to commencement of work activities.

1.7 PRE-WORK CONFERENCE

A pre-work conference will be held with the Contracting Office (or Contracting Officer’s Representative) and contractor prior to the commencement of any work. The contractor’s responsible person shall be required to attend this meeting. Procedures for proper invoicing and payment, schedule, etc., will be covered at this time.

1.8 PRE-BID - SCHEDULED ON-SITE VISIT

Due to on-site conditions, it is highly recommended that potential contractors attend the on-site visit.

1.9 ENVIRONMENTAL CLEANUP

The contractor shall always maintain a clean work area. The contractor shall be responsible for the protection of the environment and will be required to restore all damages subject to the approval of the contracting officer. The contractor shall remove and dispose of all excess materials off Government property in a state approved disposal site unless specified otherwise.

The contractor will be required to comply with all Federal and State environmental requirements.

The contractor shall remove all excess materials and clean the entire area. Any accidental loss or damage shall be the responsibility of the contractor. USACE has already obtained permit from DEQ and has met all the environmental requirements for USACE. USACE will provide permit from DEQ if needed.

1.10 COORDINATION OF WORK

The Contractor shall be required to provide a work plan for approval outlining the schedule of completion. Before any digging the Contractor shall also locate all utility lines in the work area. Call Okie will not service inside park. Utility marking must be done by contractor/subcontractor.

1.11 WEATHER LIMITATIONS

The contractor shall avoid off road equipment operation when ground conditions are soft or wet. If ruts are made the contractor shall repair and reseed the areas to original condition.

PART 2 – PRODUCTS

2.2 DELIVERY

Lift station tank and pumps procured for this project must be approved by the COR or the Project Manager. Materials shall be delivered to the work site undamaged. Materials that are damaged during delivery shall be replaced at no cost to the government.

PART 3 – EXECUTION

3.1 QUALITY CONTROL

The contractor shall establish and maintain quality control for the work covered above to assure compliance with contract requirements.

3.1.1. The Contracting Officer may require, in writing, that the contractor remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable.

3.1.2. The Contractor will guarantee that all completed work will be free of any defects and poor workmanship for a period of 1 year. All defects and poor workmanship found will be corrected with no extra charge to the government.

PART 4 - SECURITY

4.1.1. No foreign nationals shall be employed for this project without prior approval of the Government. The Contractor is responsible for initiating the background investigation.

4.1.2. The contractor shall maintain a key register (SWT Form 894) to record the assignment of all keys provided by the Government. Extra keys shall be returned to the COR. Discharged employees shall be required to return all keys. Keys shall not be duplicated. Any occurrence of lost keys shall be reported to the COR immediately. If keys are lost the contractor shall reimburse the Government for the cost of new keys and tumblers. The contractor shall also install the tumblers at no expense to the Government. Upon termination of the contract, all keys shall be returned to the Government.

4.13 Security Training and Reporting Requirements

Personnel must maintain a valid Common Access Card registered with approved credentials in Army Knowledge On-line if required.

4.13.1. AT Level I Training

All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training.

THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

Section E - Inspection and Acceptance

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

Section H - Special Contract Requirements

CLAUSES INCORPORATED BY FULL TEXT

ANTITERRORISM/OPERATIONS SECURITY REQUIREMENTS, MAY 2022

The Contractor shall comply with the following requirements marked with an “X”.

X 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.

X 2. Antiterrorism (AT) Level I training: All contract personnel requiring routine access to Army installations, facilities. and controlled access areas, or requiring network access shall complete initial and annual refresher AT Level I awareness training. Online AT Level I awareness training is available at https://jko.jten.mil/ (website subject to change).

X 3. Physical security and access control requirements: All contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of that location.

Contract personnel requiring unescorted access to meet contract performance requirements on a DoD installation in the US shall be vetted by the installation/facility Provost Marshal/Directorate of Emergency Services/Security Office using the National Crime Information Center-Interstate Identification Index (commonly referred to as "NCIC-I11") and Terrorist Screening Database (commonly referred to as "TSDB"). Contract personnel shall comply with all personal identity verification requirements specified in installation/facility policies and procedures. Contract personnel who do not meet requirements for unescorted access to USACE facilities shall coordinate escorted access with the Government representative, as needed. Contract personnel who receive keys. access cards, or lock combinations that provide access to government-owned property shall comply with key and lock control procedures of the RA.

4. Contract personnel requiring a common access card (CAC): Contract personnel will be issued a common access card (CAC) only if duties involve one of the following: (1) both physical access to a DoD facility and access to DoD information systems or networks; (2) remote access to a DoD information system or network using DoD-approved remote access procedures; or (3) physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. Before CAC issuance, contract personnel must have, at a minimum, a favorably adjudicated Tier 1 investigation or an equivalent or higher investigation in accordance with applicable Army regulations and Homeland Security Presidential Directive-12 (HSPD- 12). At the discretion of the RA, an initial CAC may be issued based on a favorable review of a fingerprint check and a successfully scheduled Tier 1 investigation with the National Background Investigations Bureau. The RA provides contract personnel with additional information and forms to initiate the CAC issuance process, and/or to initiate background investigations, when required. Contract personnel shall complete these processes within established timelines to avoid delays.

5. Security requirements for contract performance outside the U.S.: For contract performance requirements that involve services or delivery in a foreign country, the Contractor shall comply with the requirements of DFARS clause 252.225-7043. For performance requirements that involve contract personnel accompanying or supporting US Armed Forces deployed outside the US, the Contractor shall comply with the requirements of DFARS clause 252.225-7040. Contract personnel accessing DoD or other federal facilities outside the US shall comply with applicable Status of Forces Agreements and Geographic Combatant Command requirements. Prior to contract personnel traveling outside the US, the Contractor shall provide documentation of AT, OPSEC, and other required training to the Government representative. Additionally, contract personnel shall comply with requirements specified in the DoD Foreign Clearance Guide, including country and theater clearance processes.

X 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.

7. Contract personnel requiring access to Government information systems: All contract personnel with access to a government information system (including USACE business systems and CAC-enabled websites) shall comply with applicable DoD and Army regulations, and shall use the organization's User ID-Password Administration and Security System (U-PASS) at commencement of services to request network user accounts. Contract personnel shall complete DoD Information Assurance Awareness training prior to accessing information systems. and annually thereafter.

8. Contracts requiring a formal OPS EC program: The Contractor shall develop an OPSEC SOP/Plan within 90 days of contract award. The OPSEC SOP/Plan shall be reviewed and accepted by the RA OPSEC Officer. This plan will include a process to identify critical information, where it is located, who is responsible for it, how to protect it, and why it needs to be protected. In accordance with Army and DoD regulations, the contractor shall have a certified Level II OPSEC coordinator, who shall ensure OPSEC compliance during contract performance.

9. Training requirements for the protection of sensitive information: All contract personnel with access to critical information (as identified in the RA's OPS EC Program) shall complete initial and annual refresher OPS EC Level I Awareness training, which is available at the following websites:

https://www.iad.gov/ioss/, or http://www.cdse.edu/catalog/operations-security.html (websites subject to change). All contract personnel with access to Controlled Unclassified Information (CUI) shall complete initial and annual refresher CUI training in accordance with applicable Army policy.

10. Information Assurance (IA)/lnformation Technology (IT) requirements: All contract personnel performing IA/IT services must comply with DoD training and certification requirements specified in DoD 8570.01-M, Information Assurance Workforce Improvement Program, and maintain required background investigations specified in RA policy. Contract personnel shall provide the Government representative with documentation of certification(s) prior to performing on the contract. In accordance with applicable DoD. Army, and USACE regulations, the Contractor shall ensure that all information systems (IS) and platform information technology (PIT) systems developed and/or supported under this contract comply with cybersecurity and architectural requirements, including, but not limited to: security technical implementation guides (STIG)(e.g., the current version of the Application Security and Development STIG, and the internet access point (IAP) demilitarized zone (DMZ) STIG), and the use of security controls developed under the risk management framework documentation for the system or platform. The Contractor shall address questions regarding these provisions to the Government representative. who will coordinate between the Contractor and the USACE Chief Information Officer

(CIO).

11. Contracts requiring handling or access to classified information: The prime Contractor shall have a Facility Clearance (FCL) at the appropriate level prior to performance on the contract; the RA will sponsor the prime contract company in obtaining the FCL. All cleared contract personnel shall comply with the FCL requirements, as well as applicable laws and regulations regarding contractor access to national security information. For classified contracts, the RA will generate the DD Form 254, which will be attached to the contract.

12. Threat Awareness Reporting Program: All contract personnel who maintain an active security clearance shall receive initial and annual refresher training on the Threat Awareness and Reporting Program (commonly referred to as "TARP"), provided by a Counterintelligence Agent. As determined by the servicing Counterintelligence Agent for the RA, contract personnel may complete web-based TARP training.

X 13. Escorting in classified and/or sensitive areas: In accordance with applicable regulations. all contract personnel who do not possess the appropriate security clearance or access privileges will be escorted in areas where they may be exposed to classified information or operations, sensitive information or activities, or restricted areas.

X 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 1-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

15. Contracts requiring armed security guards: All contract personnel performing contract security guard duties shall comply with the Individual Reliability Program in accordance with AR 190-56 (The Army Civilian Police and Security Guard Program), as well as applicable installation, facility and area commander installation/facility policies and procedures regarding storing weapons and ammunition in accordance with AR 190-11 (Physical Security of Arms Ammunition, and Explosives).

16. Contracts requiring delivery of food and water: The supplies delivered under this contract shall be transported in delivery conveyances maintained to prevent tampering with and/or adulteration or contamination of the supplies, and if applicable, equipped to maintain a prescribed temperature. All delivery vehicles and storage locations are subject to inspection at any time by the COR, Post Veterinarian, law enforcement officers, or other RA representatives authorized to conduct such inspections. When the sanitary conditions of the delivery conveyance have led, or may lead to product contamination. adulteration, constitute a health hazard. the delivery conveyance is not equipped to maintain prescribed temperatures, or the transport results in product "unfit for intended purpose," supplies tendered for acceptance may be rejected without further inspection. As the holder of a contract with the DoD, the Contractor shall ensure that all products and/or packaging have not been tampered with or contaminated. The Contractor shall ensure all delivery conveyances are always locked or sealed, except when actively loading or unloading. Unsecured vehicles shall not be left unattended. All incoming truck drivers shall provide adequate identification upon request. In the event of an identified threat to a delivery location. or a heightened force protection/Homeland Security threat level, the Contractor may be required to adjust delivery routes to minimize vulnerability risks and enable direct delivery to DoD facilities.

(END)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

JUN 2020

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

Systems

NOV 2021

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

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-41 Service Contract Labor Standards AUG 2018 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

AUG 2018

52.222-50 Combating Trafficking in Persons NOV 2021 52.222-54 Employment Eligibility Verification MAY 2022 52.222-55 Minimum Wages for Contractor Workers Under Executive

Order 14026

JAN 2022

52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022 52.223-10 Waste Reduction Program MAY 2011 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

JUN 2020

52.223-20 Aerosols JUN 2016 52.229-11 Tax on Certain Foreign Procurements--Notice and

Representation

JUN 2020

52.232-33 Payment by Electronic Funds Transfer--System for Award Management

OCT 2018

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

MAR 2023

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 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 252.203-7003 Agency Office of the Inspector General AUG 2019 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

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

JAN 2023

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

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

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

SERVICES (NOV 2023)

(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…