B.01.01.01 Combined Synopsis and Solicitation - 24Q1014 - signed.pdf

SEE ADDENDUM

(No Collect Calls)

W912DQ24Q1014 14-Mar-2024

b. TELEPHONE NUMBER

(816) 389-3805

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 20 Mar 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.

W912DQ9. ISSUED BY

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

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

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USACE, KANSAS CITY +

CONTRACTING DIVISION FEDERAL BLDG CT 601 E 12

KANSAS CITY MO 64106-2896

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 966219 16. ADMINISTERED BY

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

TEL: (816) 389-3093 FAX:

816-389-3029FAX:

TEL: 816-389-3812 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$22,000,000

NAICS:

561720

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 OF37

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.

W912DQ24Q1014

Section A - Solicitation/Contract Form

PRE-SOLICITATION

This is a combined synopsis/solicitation for services prepared in accordance with the format in FAR Part 12.603 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation and quotes are being requested. A written solicitation will not be issued.

The solicitation number for this acquisition is W912DQ24Q1014 and it is being issued as a Request for Quotes

(RFQ).

Offers are due on 20 March 2024 at 12:00 PM . Offers shall be submitted in PDF format via e-mail to joshua.m.higginbotham@usace.army.mil and myleesa.s.france@usace.army.mil. All offers must be good for at least 90 days from offer due date.

The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2024-03.

This synopsis/solicitation shall be set aside for small businesses and the associated North American Industry Classification System (NAICS) code is 561720 – Janitorial Services

Business size standard is $22 million.

Product/Service Code: S201 – Janitorial Services

Description of Services Required: The Contractor shall provide all personnel, equipment, supplies, supervision, and other items and services necessary to ensure that Janitorial services, as defined in this performance work statement (PWS), are completed in a manner that will maintain all buildings and facilities in a clean, sanitary condition, and grounds free of litter and debris.

Place of Contract Performance: Kanopolis Lake, KS.

Far 52.212-1, Instructions to Offerors- Commercial does apply to this acquisition with no addenda to the provision and is located in Section L of this combined synopsis/solicitation.

Far 52.212-2, Evaluation - Commercial Edited does apply to this acquisition with no addenda to the provision and is located in Section M of this combined synopsis/solicitation.

FAR 52.212-3, Offeror Representations and Certifications -- Commercial Items, does apply to this acquisition with no addenda to the provision, and is located in Section K of this combined synopsis/solicitation.

FAR 52.212-4, Contract Terms and Conditions - Commercial Items, does apply to this acquisition with no addenda to the provision. These specific clauses required are located in Section I of this combined synopsis/solicitation.

FAR 52.212-5, Contract Terms and Conditions - Required to Implement Statutes or Executive Orders- Commercial Items, applies to this acquisition. These specific clauses required are located in Section I of this combined synopsis/solicitation.

Additional contract requirement(s) or terms and conditions are located in Section J of this combined synopsis/ solicitation.

In accordance with FAR 52.212-1(k) the prospective awardee shall be registered and active in https://sam.gov/ for their System Award Management (SAM).

PLEASE NOTE: SAM.GOV procedures have been changed as of 8 November 2019. Interested vendors must go to SAM.gov to register in SAM and to review current notices or announcements.

Contractors may obtain information on registration and annual confirmation requirements via the Internet at https://sam.gov/ or by calling (866) 606-8220.

The System for Award Management (SAM) is a Federal Government owned and operated free web site. If you are a small business needing assistance with registering or help with navigating through the website you may contact the Association for Procurement Technical Assistance Centers for help with actions such as SAM.gov registration.

If you have questions about Government procurements in general or need assistance in the preparation of your proposal, a local Procurement Technical Assistance Center (PTAC) may be able to help. The Procurement Technical Assistance Program was authorized by Congress in 1985 in an effort to expand the number of businesses capable of participating in the Government marketplace. To locate a PTAC near you, go to http://www.aptac-us.org/sam-registration/

(End)

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Base Yr 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 24 January 2024.

FOB: Destination

PSC CD: S201

NET AMT

0002 1 Job OPTION Option Year 1 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 24 January 2024.

PSC CD: S201

0003 1 Job OPTION Option Year 2 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 24 January 2024.

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

FOR

JANITORIAL SERVICES

Information Center, Maintenance and Regulatory Offices, KANOPOLIS LAKE

1. DESCRIPTION OF SERVICES. The Contractor shall provide all personnel, equipment, supplies, supervision, and other items and services necessary to ensure that Janitorial services, as defined in this performance work statement (PWS), are completed in a manner that will maintain all buildings and facilities in a clean, sanitary condition, and grounds free of litter and debris.

MAINTAIN BUILDING FACILITIES:

1.1. Performance Requirements:

Cleanup for Service Facilities/Areas: The Contractor shall be responsible for maintaining the facilities listed below in a clean and sanitary condition, defined as being free of all particulate matter, film, spots, odor, streaks, or removable stains and objects. Glossy surfaces shall present a polished look free of water spots. Grounds shall be free of litter.

1.1.2 Service Facilities/Areas:

The Contractor shall maintain the Information Center, Maintenance Building and Regulatory Office facilities listed below in a clean and sanitary condition in accordance with the identified performance standards.

FACILITIES

Carpet 3,078 ft2

Floor Tile (asphalt/vinyl) 156 ft2

Floor Tile (ceramic/quarry) 511 ft2 Concrete Floors (shops, garages) N/A Furniture (fabric, vinyl, wood, metal)

Window Accessories 38 blinds Glass Cleaning 1050 ft2 exterior glass, 1200 ft2 interior glass Doors, Door Frames, Walls Light Fixtures 58 fixtures Sinks, Counter Tops, Appliances Waste Removal 20 office trash cans Water Fountains, Restroom fixtures, Showers 6 restrooms, 1 shower

Ceilings 1,100 ft2

Exterior Roof Overhangs 800 ft2 (soffit and fascia)

Sidewalks 2,100 ft2

Toilet tissue, paper towels, soap, deodorant screens, sanitary napkins.

Maintain stock

Note: Quantities and Ft2 are estimates only.

1.1.2.1 CLEANUP – Building Components

1.1.2.1.1 Ceilings - Clean ceilings on inside and overhang on outside of buildings to remove spider webs, dust, bird and insect nests, dirt, and insect spots. Includes Information Center, Regulatory Office, Maintenance Shop and Carpenter Shop pedestrian entryways (3 total)

1.1.2.1.2 Walls, shower stalls, partitions, shower, stools, wash basins, doors and refuse containers: Clean and disinfect to ensure a sanitary condition free of all dirt, oil, lotions, soap residue, calcium deposits or other foreign matter. All surfaces including soap trays, faucets, stool lids, handicap bars, and plumbing fixtures shall present a dried polished appearance free of dirt, cleaning solution, disinfectant, and water spots. Exterior walls shall be free of foreign matter.

1.1.2.1.3 Floors and floor drain plates – Shall be disinfected and free of all dirt, sand, foreign matter, trash, and excess water.

1.1.2.1.4 Mirrors – Shall be free of dirt, dust, smudges, water spots and streaks.

1.1.2.1.5 Light Fixtures - Take down grillwork (if any), wash and dry to remove all dirt, dust, bugs, cobwebs, smudges, and streaks from fixtures, bulbs and grill. Reinstall grillwork.

1.1.2.1.6 Metal louvers and Doors – Maintain a clean appearance free of spider webs, bird and insect nests, bird droppings, dirt, dust, or other foreign matter.

1.1.2.1.7 Windows – Maintain a clean appearance free of spider webs, spotting, insects or other foreign matter. A thorough cleaning shall take place at a minimum of once every 30 days when temperatures are above freezing. Shall include inside, outside and inner screening of windows during service.

1.1.3 CLEANUP - Water fountains: Shall be cleaned and disinfected to remove all residue and stains and maintain a sanitary condition.

1.1.4 CLEANUP – Sidewalks/Patio:

1.1.4.1 Concrete areas shall be free of debris, stains, and residue. Excess (pooled) water shall be removed.

1.1.4.2 Cracks between sidewalk sections, and along buildings and/or graveled or paved areas within 30 feet of facility being serviced shall be kept free of grass and weeds. Grass and weeds removed shall be disposed of in brush or wooded areas outside the normal park mowing areas. Grass or weeds shall not be placed in a refuse container or dumpster.

1.1.4.3 Brick patio area located on northwest area of visitor center shall be free of debris, stains and residue. The picnic table and bench shall be free of spider webs, bird and insect nests, bird droppings, dirt, or other foreign matter.

1.1.5 CLEANUP - Refuse and litter handling (facilities):

1.1.5.1 Refuse containers located within the facility being serviced shall have all trash, litter, debris or residue removed. The containers shall present a clean and odor free condition. Plastic liners shall be replaced and will be furnished by the government.

1.1.5.2 Paper shredders located within the facility being serviced shall have all paper debris removed. The paper shredder containers shall be free of paper debris upon completion of each service. Plastic liners shall be replaced and will be furnished by the government.

1.1.6 MISCELLANEOUS DUTIES: The Contractor shall perform the following duties at each cleanup:

1.1.6.1 All paper shall be protected to prevent wetting during cleaning operations. Care shall be taken to avoid wetting of hand dryers, and electrical fixtures during cleaning.

1.1.6.2 All toilet paper dispensers shall be kept fully supplied.

1.1.6.3 All paper towel dispensers shall be kept fully supplied.

1.1.6.4 If temperatures are below freezing, sidewalks, and concrete floors shall not be hosed off, and water usage shall be kept to the minimum necessary to clean facilities.

1.2 DATES OF PERFORMANCE

1.2.1 The contract period shall be 1 April 2024, or date of award if later through 31 March 2025. Effective dates of full year renewal options (if exercised) shall be from 1 April through 31 March of the following year.

1.2.2 The contract period of performance shall begin 1 April 2024 or date of award if later and continue through 31 March 2025.

1.2.2.1 The period of performance for renewal options (if exercised) shall be from 1 April through 31 March for each subsequent year.

1.3 SCHEDULED SERVCIES

1.3.1 Time of Performance

Services shall be conducted 1 weekday per week beginning in the afternoon/evening hours, starting no earlier than 4:00 pm to avoid conflicts with business operations, and will be completed no later than 10:00 p.m. in accordance with the following schedules. The selected weekly service day will remain consistent throughout the service period.

Service will not be performed on the following holidays: New Years Day, Martin Luther King Birthday, President’s Day, Memorial Day, June Teenth, Independence Day, Labor Day, Columbus Day, Thanksgiving Day and Christmas Day.

2 ANNUAL COORDINATION MEETING. The Contractor shall meet with the COR annually during the first week of April to coordinate services.

3. SERVICE DELIVERY SUMMARY. The Contractor service requirements are summarized below.

4. GOVERNMENT FURNISHED PROPERTY AND SERVICES. The following consumable items shall be furnished to the Contractor by the Government from stock. The Government shall retain control of expendables, to be dispensed on an as needed basis for use in performance of the contract.

1. Paper towels (for dispenser use only - NOT to be used for cleaning purposes)

2. Toilet tissue

3. Plastic trash bags

4. Water for cleaning

5. Access code for doors and compound gate.

4.1. Contractor Furnished Equipment and Supplies: The Contractor shall furnish all equipment and supplies not identified in paragraph four (4) above, such as vacuum, mops, buckets, carpet cleaner, cleaning supplies, etc., necessary to accomplish the required work. All Contractor furnished equipment and supplies must be approved by the Contracting Officer’s Representative prior to initial use.

5. SPECIAL REQUIREMENTS.

5.1. QUALITY CONTROL. The Contractor shall develop and submit their Quality Control Plan for COR approval at the time of the Post Award Meeting. The Contractor shall maintain a quality program to ensure Park Custodian services are performed in accordance with established Best Commercial Practices and the PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. At a minimum the Contractor shall develop quality control procedures addressing the areas identified in paragraph three, Service Delivery Summary. As each area is serviced, the Contractor’s representative shall complete that portion of the Contractor’s Worksheet indicating the time services were completed and number of employees working the serviced area. Completed worksheets shall be signed and delivered, as directed by the COR.

5.1.1 The Contractor shall designate, in writing, a responsible on-site representative of each work crew who shall serve as a contact for matters involving quality, performance or non-performance of the required work assigned to that crew. The representative shall have the authority to correct non-performance.

5.1.2 The Contractor shall furnish to the Contracting Officer’s Representative a telephone number attended during normal business hours (7:00 a.m. – 4:00 p.m., CST) 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.

Item PWS Para Performance Standard Surveillance Method

Maintain Building Interior

1.1

Maintain facilities in a clean and sanitary condition free of particulate matter, film, spots, streaks or removable stains. No more than 10% error per servicing.

100% Inspection or Random Inspection

Maintain Building Exterior

1.1

Facilities and exterior service areas maintained in clean condition be free of litter, vegetation and animal debris.

No more than 10% error per servicing.

100% Inspection or Random Inspection

Annual Coordination

Meeting 2 No more than one (1) error per year.

Complete prior to first Cleaning, after contract award and at the beginning each exercise option period.

Quality Control Plan

5.1

No more than one (1) error per year.

Complete prior to first Cleaning, after contract award and at the beginning each exercise option period

Insurance

5.9 No more than one (1) error per year.

Obtain prior to first Cleaning.

Maintain through contract period of performance, including option years

(if exercised).

5.2. QUALITY ASSURANCE. The Government will periodically evaluate the Contractor’s performance in accordance with the attached Quality Assurance Surveillance Plan.

5.3. GOVERNMENT REMEDIES. The contracting officer shall follow FAR 52.212.4, Contract Terms and Conditions-Commercial Items, for Contractor’s failure to perform satisfactory services or failure to correct non-conforming services.

5.4. SECURITY REQUIREMENTS. The Contractor shall safeguard keys issued to perform the services required by this contract. All keys shall be returned to the Government upon request and/or completion of the contract.

Failure to return keys shall result in withholding of payment. The Contractor shall open and close gates within the contract boundary areas. The Contractor shall securely lock any gate that is opened by him/her, upon completion of the required work, or upon completion of the workday. Contractor personnel must be fingerprinted and clear the National Crime Information Center (NCIC) Level 3 security clearance for approval to conduct service outside of business hours. Business hours are 0730-1600, Monday – Friday and exclude Federal Holidays. Contractor should allow 14 days for clearance determination.

5.5 The Contractor shall immediately report any situation that could affect the health or safety of visitors, including maintenance needs utility problems, accidents, or violations of laws and regulations.

5.6 Coordination with the Project Office

5.6.1 Day to day contact with Government personnel, and telephone communication shall normally provide adequate information exchange. The Government reserves the right to schedule meetings at the Project Office as necessary to ensure strict compliance with the terms of this contract. Such meetings shall be scheduled, to the extent possible, at mutually convenient times. However, upon notice, the Contractor shall attend meetings regarding matters affecting this contract.

5.7 Contractor Personnel

5.7.1 The Contractor shall exercise tact, diplomacy, and courtesy and present a neat and clean appearance when dealing with the public, government personnel and other contractors. All Contractor personnel shall be fully clothed, at all times, while performing these services. The Contractor shall not display or offer for sale, on Government property, personal property items, crafts, or like items.

5.8 Other Contractors: The Government may undertake or award other contracts for additional work, and the Contractor shall fully cooperate with such other Contractors and Government employees. All work must be carefully planned not to interfere with such other work. The Contractor shall not commit or permit any act that will interfere with the performance of work by other Contractors or by Government employees.

5.9 Insurance

In accordance with the clause FAR 52.228-5 Insurance-Work on a Government Installation, the Contractor shall procure and maintain during the entire period of performance under this contract the following kinds and minimum amounts of insurance:*

REQUIRED INSURANCE SCHEDULE

TYPE AMOUNT

Worker's Compensation Coverage complying with applicable State Statute Employer's Liability Minimum amount of $100,000 per occurrence.

Commercial General Liability Minimum amount of $300,000 per occurrence.

For bodily injury & $20,000 per accident for property damage.

NOTE: Coverage required (above) is minimums. If higher limits of coverage are required by State Statute, the Contractor shall be responsible for obtaining such additional coverage. Information regarding State requirements may be obtained by contacting the Kansas State Insurance Commissioner’s Office at 800-432-2484/

5.10 Payment

Contractor will invoice the Kanopolis Project Office for services on a monthly basis. Payment by VISA is an available option to the contractor and will require coordination prior to the commencement of work.

5.11 NTITERRORISM/OPERATION SECURITY REQUIREMENTS

5.11.1 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.

5.11.2 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-III”) 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.

5.11.3 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.

5.11.4 Pre-screen candidates using E-Verify Program: Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements. Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 N/A N/A N/A Government

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 01-APR-2024 TO

31-MAR-2025

N/A KANOPOLIS PROJECT OFC

DANIEL HAYS

105 RIVERSIDE DR

MARQUETTE KS 67464

(816) 389-3093

966219

0002 POP 01-APR-2025 TO

31-MAR-2026

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-APR-2026 TO

31-MAR-2027

N/A (SAME AS PREVIOUS LOCATION)

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

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 52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

SEP 2023

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 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7007 Alternate A, Annual Representations and Certifications NOV 2023 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

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

252.225-7048 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 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.245-7005 Management and Reporting of Government Property JAN 2024

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 (NOV 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

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

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

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

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004s) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]

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

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

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

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

___ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.

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

___ (6) [Reserved]

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

___ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub.

L. 111-117,…