E.01.02 Purchase Order - W912DQ24P1070- Signed 20240529.pdf

SEE ADDENDUM

(No Collect Calls)

W912DQ24Q1062 26-Apr-2024

b. TELEPHONE NUMBER

(816) 389-3805

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 06 May 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.832-442-2200

W912DQ9. ISSUED BY

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

W912DQ24P1070 29-May-2024

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MYLEESA S FRANCE

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

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

W58XUW33259968

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

CHRISTOPHER W. ANDERSON / CONTRACTING OFFICER

See Schedule $18,185.80

(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 ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE 58DN0 FACILITY

OFFEROR CODE

USACE, KANSAS CITY +

CONTRACTING DIVISION FEDERAL BLDG CT 601 E 12

KANSAS CITY MO 64106-2896

WASTE CONNECTIONS OF KANSAS, INC.

ROBERT CLONINGER

2745 N OHIO ST

WICHITA KS 67219-4316

USACE, KANSAS CITY +

USACE KC FINANCE CNTR 5722 INTEGRITY

MILLINGTON TN 38054-5005

18a. PAYMENT WILL BE MADE BY CODE 964145

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE

SEE ITEM 9

15. DELIVER TO CODE 966219 16. ADMINISTERED BY

Net 30 Days

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

KANOPOLIS PROJECT OFC

DANIEL HAYS

105 RIVERSIDE DR

MARQUETTE KS 67464

816-389-3029FAX:

TEL: 816-389-3812 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$47,000,000

NAICS:

562111

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: c hristopher.w.anderson@usace.army.mil

816-389-3850TEL:

31c. DATE SIGNED

29-May-2024

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 OF36

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.

W912DQ24P1070

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job $18,185.80 $18,185.80 Base Year FY 2024

FFP

The contractor shall provide all necessary management, labor, supervision, materials, equipment, parts, transportation, incidental materials, quality control, environmental protection, and must meet all safety requirements necessary to perform all services as defined in the Performance Works Specifications (PWS) dated 18 March 2024.

FOB: Destination

PURCHASE REQUEST NUMBER: W58XUW33259968

PSC CD: S205

NET AMT $18,185.80

000101 $0.00 FRM Funding Only - FY 2024

FFP

For Funding Purposes Only. OFKA Refuse Disposal FRM

NET AMT $0.00

ACRN AA

CIN: W58XUW332599680001

$4,200.00

000102 $0.00 Rec Funding Only - FY2024

FFP

For Funding Purposes Only. OFKA Refuse Disposal REC

ACRN AB

CIN: W58XUW332599680002

$13,985.80

0002 1 Job $22,477.65 $22,477.65 OPTION Refuse Option Year 1 FY 2025

FFP

The contractor shall provide all necessary management, labor, supervision, materials, equipment, parts, transportation, incidental materials, quality control, environmental protection, and must meet all safety requirements necessary to perform all services as defined in the Performance Works Specifications (PWS) dated 18 March 2024.

FOB: Destination

NET AMT $22,477.65

000201 $0.00 FRM Funding Only - FY 2025

FFP

000202 $0.00 REC Funding Only - FY 2025

0003 1 Job $23,151.98 $23,151.98 OPTION Refuse Option Year 2 FY 2026

FFP

The contractor shall provide all necessary management, labor, supervision, materials, equipment, parts, transportation, incidental materials, quality control, environmental protection, and must meet all safety requirements necessary to perform all services as defined in the Performance Works Specifications (PWS) dated 18 March 2024.

NET AMT $23,151.98

000301 $0.00 FRM Fuding only - FY 2026

000302 $0.00 REC Funding Only - FY 2026

0004 1 Job $23,846.54 $23,846.54 OPTION Refuse Option Year 3 FY 2027

FFP

The contractor shall provide all necessary management, labor, supervision, materials, equipment, parts, transportation, incidental materials, quality control, environmental protection, and must meet all safety requirements necessary to perform all services as defined in the Performance Works Specifications (PWS) dated 18 March 2024.

NET AMT $23,846.54

000401 $0.00 FRM Funding Only - FY 2027

000402 $0.00 REC Funding Only - FY 2027

0005 1 Job $24,561.93 $24,561.93 OPTION Refuse Option Year 4 FY 2028

FFP

The contractor shall provide all necessary management, labor, supervision, materials, equipment, parts, transportation, incidental materials, quality control, environmental protection, and must meet all safety requirements necessary to perform all services as defined in the Performance Works Specifications (PWS) dated 18 March 2024.

NET AMT $24,561.93

000501 $0.00 FRM Funding Only - FY 2028

000502 $0.00 REC Fundibng Only - FY 2028

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

Performance Work Statement (PWS) Refuse Collection and Disposal

Kanopolis Project

C.1 General Information

C.1.1 Background: Kanopolis Lake was the first lake built in Kansas by the Corps of Engineers Kansas City District. Construction of Kanopolis Dam began in 1940 and was completed in 1948. The lake has a drainage area of 7,860 square miles. At the multipurpose elevation of 1,463msl, the lake has a surface area of 3,400 acres or 61,382 acre-feet with 41 miles of shoreline. During periods of heavy rain the lake increases in size, as runoff is stored, providing downstream flood protection. Recreation, fish and wildlife enhancement, and water quality also are benefits of the lake. Many routine maintenance items are contracted to the private sector. Mowing, refuse collection, office janitorial and facility cleanup are just a few of the activities that are performed by private contractors for the Corps.

C.1.2 Scope of Work: The Contractor shall provide labor, supplies, and equipment as specified to perform refuse collection and disposal services to areas as described in this Performance Work Statement (PWS) and elsewhere in the contract. Acceptable performance standards and current regulations are provided for each task. The Contractor shall monitor performance and ensure compliance in accordance with the terms and conditions.

C.1.3 Period of Performance: The contract shall begin 1 April or date of award and continue through 31 March.

C.1.4 Post Award Conference: The contractor shall attend a required pre-work orientation with the Government's representative at the Kanopolis Project Office prior to the first workday.

C.1.5 Refuse Collection Areas: The areas subject to refuse collection under this procurement, and the approximate number of receptacles to be serviced are as follows:

AREA FREQUENCY QUANTITY

4 yd DUMPSTERS

Administration Area

1 Oct – 31 Mar Once every two weeks on Monday

Riverside Park

River Access Parking

Once every two weeks on Monday y

Outlet

Venango Park

Riverside Park

1 Apr – 30 Sep Once every per week on Monday

River Access Parking

Outlet

Venango Park

TOTAL

Administration Area (Campground Outdoor Storage)

1 Apr – 31 Mar Minimum 20 yd container delivered as ordered 2 times/year with 10 day onsite period.

C.1.5.1 Size substitution of dumpsters will be permitted to the following extent: At each specified dumpster location, substitution, when space allows, to the size and number of dumpsters required to achieve the specified cubic yards of refuse storage may be made; however, consolidation of collection sites (locations of dumpsters within each area) will not be permitted.

NOTE: If any of the above variations result in deletion of the requirement of ALL services in an area, an equitable adjustment will be made by contract modification.

C.1.5.2 During the timeframe of 1 October thru 31 March (reduced service frequency), the dumpsters that are not scheduled to be serviced must be moved to an area approved by the Operation’s Manager. If contractor does not wish to move non-serviced dumpsters (during 1 Oct – 31 Mar) they may be left in their location but must be serviced during the above noted timeframe.

C.1.6 Quality Control: The Contractor shall develop a Quality Control Plan designed to demonstrate how the Contractor will meet the needs of the project. The Quality Control Plan shall document how the Contractor will identify and correct performance shortfalls. Complete records of all inspection work performed by the contractor must be maintained and made available to the government during contract performance.

C.1.7 Quality Assurance:

C.1.7.1 The Government will monitor the Contractor’s performance under this contract using quality assurance procedures developed by the Government. Typical procedures might include random inspections on service areas and documentation of findings. This should not be considered an exhaustive list. A primary objective of Government Quality Assurance will be to determine the effectiveness of the Contractor’s quality control system.

C.1.7.2 The government reserves the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The government will perform inspections and tests in a manner that will not unduly delay the work.

C.1.7.3 If any of the services do not conform to contract requirements, the government will request the contractor to perform the services again, where appropriate, in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the government may (1) require the contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

C.1.7.4 If the contractor fails to promptly re-perform the services or to take the necessary action to ensure future performance in conformity with contract requirements, the government may by contract, or otherwise: (1) perform the services and charge to the Contractor any cost incurred by the government that is directly related to the performance of such service or (2) terminate the contract in whole or in part.

C.1.8 Workmanship:

C.1.8.1 In order to assure that the work performed under this contract is performed in a strictly first-class manner, the Contractor shall designate, in writing, a responsible member of each crew who shall serve as a contact for matters concerning quality, performance or non-performance of the required work assigned to that crew. The employee(s) designated in accordance with the above requirement shall be qualified and fully competent with full authority to act for, and on the behalf of the Contractor as necessary to ensure that the work described herein is performed in accordance with these specifications. The Contractor shall furnish the above written designation to the COR at the Project no later than the first day of the contract. The designation shall include the names(s), address(es) and phone number(s) of the individuals he intends to assign to this work. The Contracting Officer reserves the right to disapprove any individual whom he considers to be incompetent to perform the work required. Such disapprovals will be given to the Contractor by written notice and the Contracting Officer’s decision shall represent a final decision.

C.1.8.2 As each AREA of the work is accomplished , the Contractor's representative at the job, or his employee(s) performing the work, shall complete that portion of the Contractor's Daily Worksheet indicating the time the refuse collection was completed. Completed worksheets shall be signed and delivered daily, as directed by the Contracting Officer or his authorized representative. Contractor Daily Worksheet forms will be furnished by the government.

C.1.8.3 NOTE: Equipment breakdown shall not relieve the Contractor of the responsibility of performing the work as specified. It shall be the responsibility of the Contractor to assure that he has, or can obtain on short notice, sufficient backup equipment to continue the services as specified without interruption in the event of mechanical failure of his primary equipment. The Contractor shall notify the Operations Manager within 8 hours of any such equipment failure and provide his alternate plan for collection of refuse during the repair period. Backup equipment need not be of the same type, nor meet the same requirement of the primary equipment, except as pertains to the scattering of refuse along the route; however, such equipment may be utilized only to accomplish the specified work of the contract while primary equipment is being repaired, for a period not to exceed 14 calendar days without prior approval of the Contracting Officer or his authorized representative.

C.1.8.4 The Contractor or his responsible individual shall meet with the Contracting Officer's Representative at the Project Office once in the beginning of the calendar year, at a mutually agreed upon time, to coordinate his work schedule in compliance with the specifications and to arrange a satisfactory operating agreement.

C.1.8.5 All Contractor personnel shall be fully clothed, at all times, while performing these services. "Fully clothed" shall be deemed to mean that a shirt (or T-shirt), trousers and shoes shall be worn at all times. Clothing shall be clean and neat in appearance.

C.1.8.6 Contractor personnel shall utilize tact, diplomacy and courtesy at all times during contact with the public.

C.1.9 Removal and Disposal:

C.1.9.1 Services specified shall be performed on those days stated in DELIVERIES OR PERFORMANCE. All refuse containers shall be emptied, and all refuse shall be picked up from the immediate vicinity of the refuse containers. Obvious and unsightly accumulations of refuse dumped in the course of the handling operation, shall be cleaned up immediately by the Contractor. Dumpsters, when emptied, shall be returned to their original position and the cover reinstalled.

C.1.9.2 All refuse from dumpsters shall be transported and disposed of by the Contractor off Government property at a State-approved sanity landfill or disposal point. All cost in connection with this work shall be borne by the Contractor.

C.1.9.3 When odor becomes prevalent in dumpsters, the Contractor shall wash such containers with water and detergent until the containers are clean and free of odor. Disinfectant will be applied to the containers as directed by the Contracting Officer or his authorized representative.

C.1.9.4 During summer months, equipment used for hauling refuse shall be thoroughly washed, cleaned, and disinfected as needed to keep it free of residue and odor and to present a clean appearance.

C.1.9.5 Contractor-furnished dumpsters shall be delivered and placed in park areas at locations designated by the Operations Manager, and shall be maintained in good repair and appearance. Damaged or unsightly dumpsters shall be removed and replaced with like units in good repair. All Contractor-furnished dumpsters shall be so constructed and equipped as to prevent accidental tip-over by the public. Each dumpster is required to be stamped with “NO FISH” to be clearly visible from all sides that can be approached.

C.1.9.6 In the event of a dispute relating to the need for cleaning equipment and/or dumpsters, the Contracting Officer's decision shall represent a final decision.

C.1.10 Performance:

C.1.10.1 Refuse collection is directly related to public health and sanitation; therefore, it is essential that all refuse containers be serviced as specified. In the event that an area or containers within an area are missed or not properly serviced, the Contractor agrees to return and re-perform the missed or improperly performed services for the area or affected container(s) immediately upon receipt of such notice by the Contracting Officer or his authorized representative.

C.1.11 Flood Control Project: Occasional retention of floodwaters may inundate portions of the public use areas, other areas, or access roads thereto, being serviced by this contract. In the event that inundation materially affects the scope of work, the Contractor shall be requested to submit a pricing proposal covering the unserviceable or affected portion of his/her work in order that an equitable adjustment to contract price can be negotiated and an adjustment made in accordance with the appropriate contract clause 52.212-4, para. entitled “Changes.” Payment for services not performed as a result of conditions state above shall be initially withheld until execution of an equitable adjustment can be made by contract modification.

C.1.12 Additional Requirements:

NOTE: All applicable provisions of the foregoing Work Standard shall apply to this contract. In addition, the following additional requirements shall be applicable:

C.1.12.1 During the winter season, the Contractor shall contact the Operations Manager any time ice or snow conditions are present on a day when refuse collection is scheduled, to determine if project roads are passable. If roads are impassable, the Contracting Officer or his authorized representative may authorize collection on an alternate day, when road conditions have improved. Payment will not be made for services prevented by hazardous road conditions unless an alternate collection date can be arranged.

C.1.12.2 The Contractor shall pick up all trash and litter within a ten (10) foot radius of all dumpsters.

C.1.12.3 The Government reserves the right to dispose of all types of non-toxic refuse (to include construction debris) in all dumpsters.

C.1.12.4 Due to the high public visibility of the dumpsters, extra care shall be taken in their appearance and maintenance. They shall be dark brown in color and freshly painted when placed in use on the project.

C.1.12.5 The Contractor will report estimated weight of refuse collected for the prior month no later than t 10 of the following month. (Ex: April estimated refuse weight collected will be reported to the COR NLT 10 May).

C.1.13 Period of Required Services: Services shall be performed in accordance with the following schedule, between the hours of 7 a.m. and 4 p.m. for the service period of 1 October through 30 September.

ITEMS: SCHEDULE:

Every other week services Every other Monday (Tuesday in the event of holidays)

Weekly Services Every Monday (Tuesday in the event of holidays)

NOTE : Additional services shall be performed once daily for all items on the following days, regardless of the above schedule at no additional cost to the government:

Sunday of, and Tuesday following Memorial Day, June Teenth,and Labor Day weekends in addition to the July 4th holiday and the day following regardless of the day of the week.

C.1.13.1 All work shall be accomplished within the timeframes specified above. Services rendered outside the time periods specified will not be compensated unless specifically approved in writing by the Contracting Officer or his authorized representative.

C.1.13.2 Refuse collection shall begin as stated above, and shall be completed in a continuous operation to promptly rid each public area of accumulated refuse.

C.1.14 Government-Furnished Equipment Materials and Supplies:

C.1.14.1 Government-Furnished Property - The Government will furnish to the Contractor the following identified property to be used in performing the contract. When the property is delivered, the Contractor shall verify its quantity and condition in writing to the Contracting Officer or his authorized representative on Memorandum Receipt, ENG Form 4866 within 48 hours of receipt. Damages will be reported in writing to the Contracting Officer or his authorized representative within 72 hours.

Item (description) Quantity Where Available Approx. Value

NONE

C.1.14.2 Consumable Items - The following consumable items, exempt from accounting procedures as per EFARS 45.105(a) will be furnished to the Contractor by the Government from stock. The Government will retain control of expendables, to be dispensed on an as-needed basis for use in performance of the contract.

1. Contractor Daily Worksheet Forms

2. Gate code/fob/key

C.1.15 Contractor-Furnished Equipment and Supplies:

C.1.15.1 All manpower necessary to accomplish the required work.

C.1.15.2 The Contractor shall furnish to the Operations Manager, a telephone number attended during normal business hours (8 a.m. - 4:30 p.m. C.S.T.) to which calls concerning performance or other contractual matters can be placed. For the purpose of time and date, a message will be deemed delivered to the Contractor, at such time as it is delivered to the number provided by the Contractor.

C.1.15.3 Commercial quality, 4 yard capacity steel dumpsters with lids and a single 20 yd (minimum) roll off container provided as ordered 2x/year with a maximum onsite period of 10 days each order.

C.1.15.4 The Contractor shall furnish and deliver dumpsters in accordance with the service schedule. Exact location for placement of the dumpsters within each park shall be as directed by the Operations Manager.

C.1.15.5 The Contractor shall furnish all detergent, disinfectant, and brushes for cleaning of dumpsters, trailers, and/or trucks.

C.1.15.6 All contractor-furnished equipment and supplies shall be approved by the Operations Manager prior to initial use.

C.1.16 General Safety Requirements: (Include the following paragraphs)

C.1.16.1 In order to provide safety controls for protection to the life and health of employees and other persons; for prevention of damage to property, materials, supplies, and equipment; and for avoidance of work interruptions in the performance of this contract, the Contractor shall comply with all pertinent provisions of the Federal, State, and local regulations and shall take or cause to be taken such additional measures as the Contracting Officer may determine to be reasonable and necessary for the purpose measures as the Contracting Officer may determine to be reasonable and necessary for the purpose.

C.1.16.2 Contractor vehicles shall be equipped with 4-way flashers and turn signals in operating condition. Flashers shall be activated when vehicles are parked on, or traveling slowly along roadways.

C.1.16.3 Any injury, property damage, equipment malfunction, or safety hazard observed by the Contractor shall be immediately reported to Project personnel.

PERFORMANCE REQUIREMENTS SUMMARY (PRS)

Performance Objective

Standard

Performance Threshold

(Acceptable Level of Performance)

Method of Assessment

Remedy

Removal and Disposal

Refer to C.1.9

No more than two

(2) errors/customer complaints per

1) Periodic Inspections by Gov’t.

Re-performance Shall take place Within 24 hours.

C.1.17 Lost articles, vandalism, facilities malfunction: To assist the visiting public in reclaiming lost articles, all property left by visitors and found during contract operations shall be turned in to the Project Office. Any evidence of vandalism, instances of facilities not operating properly, or facilities in need of repair shall be reported immediately to Project personnel.

C.1.18 Compliance with Laws & Regulations: The Contractor shall comply with all Federal, State, and local laws, ordinances, statutes, and regulations pertaining to the collection, transportation, and disposal of refuse and shall obtain such permits, licenses or other authorizations as may be required.

C.1.19 Payment: Payment will be made monthly by the U.S. Army Corps of Engineers, Finance Center, 5722 Integrity Drive, Millington, TN 38054 in accordance with the Prompt Payment Act (Public Law 100-496). As stated in this law, the Government has 30 days after the date of invoice receipt in the correct office, or after constructive acceptance, whichever of the two dates is last. The only time constructive acceptance will be used is if actual acceptance occurs before constructive acceptance. Constructing acceptance is deemed to occur on the 7th calendar day after delivery. Under the terms of this contract, invoices are to be submitted monthly in triplicate to the U.S.

Army Corps of Engineers, Kanopolis Project Office, 105 Riverside Drive, Marquette, KS 67464.

C.1.20 Withholding:

NOTE: PAYMENT WILL NOT BE MADE FOR WORK NOT PERFORMED.

In the event of unsatisfactory performance of specified work, the Contractor may be directed to re-perform the unsatisfactory services at no additional cost to the Government. Failure of the Contractor to perform the work as specified, or to re-perform the work as directed, will result in withholding of payment for the portion(s) of the work no accomplished. Amounts to be withheld for work not performed will be determined by prorating the amount of services satisfactorily performed against the amount of services required.

C.1.20.1 PERFORMANCE BY A THIRD PARTY OR GOVERNMENT PERSONNEL: In addition to the above remedies for nonperformance, the Government reserves the right to cause the specified work to be performed by a party or Government forces, and the cost incurred thereby will be levied against the Contractor. Any time Government forces are used because of Contractor's non-performance, the cost levied against the Contractor will include all direct costs associated with the performance of the specified work plus the loss of efficiency to the Government’s productivity experienced by the Government where utilized Government forces are not otherwise available to perform their normal duties. Such inefficiencies are determined as the direct cost to the Government for substitution of the Government forces removed from their normal duties computed on an hourly basis at the service.

Additional Services

Refer to C.1.12

No more than one

(1) error per year.

1) Periodic Inspections by Gov’t.

Quality Control Plan

Refer to C.1.6

(1) error per year.

100% Inspection at the outset of the contract award and each option exercise period.

Coordination Meeting

Refer to C.1.4 error.

100% Inspection annually applicable wage rate. Government forces will be used only when time is of the essence and the interests of the Government would not be served by securing a third party to perform the specified work.

C.1.21 Antiterrorism/Operations Security Requirements:

All contractor and all associated sub‐contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

All contractor and all associated sub‐contractors employees will receive a CORPS Watch information paper (provided by the authorized government representative) and provide a written acknowledgement to the COR, no later than 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract.

The Contractor must pre‐screen candidates using the E‐verify Program (http://www.dhs.gov/E‐Verify) website to meet the established employment eligibility requirements. The vendor must ensure that the candidate has two valid forms of government issued identification to ensure the correct information is entered into the E‐verify system. An initial list of verified/eligible candidates must be provided to the COR no later than 3 business days after the initial contract award.

Per the E-Verify Website the following exemptions apply:

Employers whose contracts are exempt from the E-Verify federal contractor rule are not required to enroll in E- Verify. A contract is considered exempt if any one of the following applies: (1) It is for fewer than 120 days. (2) It is valued at less than $150,000, the simplified acquisition threshold (Source: http://www.uscis.gov/e-verify/federal-contractors/exemptions-and-exceptions).

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

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A Government N/A Government 000101 N/A N/A N/A N/A 000102 N/A N/A N/A N/A 0002 N/A Government N/A Government 000201 N/A N/A N/A N/A 000202 N/A N/A N/A N/A 0003 N/A Government N/A Government 000301 N/A N/A N/A N/A 000302 N/A N/A N/A N/A 0004 N/A N/A N/A Government 000401 N/A N/A N/A N/A 000402 N/A N/A N/A N/A 0005 N/A N/A N/A Government 000501 N/A N/A N/A N/A 000502 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.246-4 Inspection Of Services--Fixed Price AUG 1996

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 03-JUN-2024 TO

31-MAR-2025

N/A KANOPOLIS PROJECT OFC

DANIEL HAYS

105 RIVERSIDE DR

MARQUETTE KS 67464

(816) 389-3099

966219

000101 N/A N/A N/A N/A

000102 N/A N/A N/A N/A

0002 POP 01-APR-2025 TO

31-MAR-2026

N/A KANOPOLIS PROJECT OFC

DANIEL HAYS

105 RIVERSIDE DR

MARQUETTE KS 67464

(816) 389-3099

000201 N/A N/A N/A N/A

000202 N/A N/A N/A N/A

0003 POP 01-APR-2026 TO

31-MAR-2027

N/A KANOPOLIS PROJECT OFC

DANIEL HAYS

105 RIVERSIDE DR

MARQUETTE KS 67464

(816) 389-3099

000301 N/A N/A N/A N/A

000302 N/A N/A N/A N/A

0004 POP 01-APR-2027 TO

31-MAR-2028

N/A KANOPOLIS PROJECT OFC

DANIEL HAYS

105 RIVERSIDE DR

MARQUETTE KS 67464

(816) 389-3099

000401 N/A N/A N/A N/A

000402 N/A N/A N/A N/A

0005 POP 03-APR-2028 TO

30-MAR-2029

N/A KANOPOLIS PROJECT OFC

DANIEL HAYS

105 RIVERSIDE DR

MARQUETTE KS 67464

(816) 389-3099

000501 N/A N/A N/A N/A

000502 N/A N/A N/A N/A

Section G - Contract Administration Data

ACCOUNTING AND APPROPRIATION DATA

AA: 96X31230000 082416 2540586D42008730 NA 96231

AMOUNT: $4,200.00

AB: 96X31230000 082416 254059349J008730 NA 96231

AMOUNT: $13,985.80

ACRN CLIN/SLIN CIN AMOUNT

AA 000101 W58XUW332599680001 $4,200.00

AB 000102 W58XUW332599680002 $13,985.80

Section H - Special Contract Requirements

WAGE DETERMINATIONS

Wage Determination Applicable Wage Determination, Service Contract At WD #2015-5753 Revision # 23;

Last Revised Date: 26 Dec 2023.

A hard copy will be provided upon request.

Link provided:

https://sam.gov/wage-determination/2015-5753/23

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-15 Energy Efficiency in Energy-Consuming Products MAY 2020 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-16 Progress Payments NOV 2021 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

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 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

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

252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

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 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; 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) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

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

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES…