W912DR22Q0060 Synopsis-Solicitation Raystown Paving.pdf

Raystown Lake Recreation Area Paving

Solicitation: W912DR-22-Q-0060

This is a COMBINED SYNOPSIS / SOLICITATION for commercial services prepared in accordance with the format in the Federal Acquisition Regulations (FAR) subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation proposals are being requested and a written solicitation will not be issued. FAR clauses and provisions enclosed within this request for quotation (RFQ) are those in effect through Federal Acquisition Circular (FAC) 2022-06 and are available in full text through Internet access at http://www.acquisition.gov/far

PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE.

DISCLAIMER: The Government is not liable for information furnished by any other source. This will normally be the only method of distributing information. Therefore, it is the responsibility of any interested parties to check the website periodically for any further postings. Websites are occasionally inaccessible due to various reasons. The

Government is not responsible for any loss of internet connectivity or for inabilities to access the documents posted on the referenced web pages. Interested parties should refresh the page periodically when accessing. The government will not issue paper copies.

Section A

The U.S. Army Corps of Engineers (USACE), Baltimore District requires a service contract to perform roadway and parking lot paving work at Raystown Lake Seven Points Recreation Area in Huntingdon and Bedford

Counties in South Central Pennsylvania. The Contractor shall provide all necessary equipment, staff, labor, supervision, materials, equipment, permits, and supplies to complete the Project.

This solicitation is open to businesses of any side; there is no set aside for small businesses. All responsible, qualified businesses may submit an offer which will be considered by the Baltimore District Corps of Engineers.

The North American Industry Classification System (NAICS) code is 237310 size standards of $39.5 Million.

This solicitation will result in a firm fixed price contract issued to a single vendor on a lowest priced, technically acceptable basis, as best meets the needs of the Government. Offerors shall be registered at the System for

Award Management (www.sam.gov) to be eligible for award. To register you will need your UEI number.

https://www.sam.gov/portal/public/SAM. Instructions for registering are on the website.

All questions shall be submitted via e-mail to Contract Specialist Erica Stiner (erica.j.stiner@usace.army.mil) no later than Friday, August 19, 11:00 AM EDT.

Quote submission, with technical information, past performance and quote sheet (see Section L instructions) shall be submitted to Erica Stiner (erica.j.stiner@usace.army.mil) by email by 5:00 p.m. EDT on Thursday, August 25. Late submissions will not be accepted.

Section B - Supplies or Services and Prices

Pricing – See the attached Quotation Sheet (J-3 Quote Sheet)

Section C – Descriptions and Specifications http://www.acquisition.gov/far http://www.sam.gov/portal/public/SAM

The Raystown Lake Project, Baltimore District, U.S. Army Corps of Engineers will contract for paving services at various locations on the Raystown Lake project. Facilities to be paved under this contract are located in the Seven Points Recreation Area.

1.0 INTRODUCTION. The Raystown Lake Project is located in Huntingdon and Bedford Counties in South

Central Pennsylvania, approximately 95 miles west of Harrisburg and 175 miles east of Pittsburgh. It is south of the

Borough of Huntingdon and approximately 70 miles from the Pennsylvania-Maryland border.

2.0 DEFINITIONS. As used throughout this description/specification, the following terms will have the meaning set forth below

2.1. CONTRACT. A mutually binding legal relationship (enforceable by law) obligating the seller to furnish supplies or services and the buyer to pay for them.

2.2. CONTRACTING OFFICER (KO). A person with the authority to enter into, administer and/or terminate contracts and make related determinations and findings. A Corps of Engineers employee vested with the authority to approve, modify, and issue contracts.

2.3. CONTRACTING OFFICER’S REPRESENTATIVE (COR). The person designated by the CO as a representative of the contracting officer to monitor contract surveillance. The COR is not, however, authorized to change any of the terms and conditions of the contract, make decisions concerning dispute arising under the contract, or terminate the contract or any portion thereof.

2.4. CONTRACTOR. The Individual(s) or company, to whom the Corps of Engineers issues a purchase order for delivery of services or materials, who operates under the conditions of a contract.

2.5. QUALITY CONTROL REPRESENTATIVE (QC). The QC is designated by the Contractor and serves as the central point of contact with the Government for performance of all work under this contract. The QC is responsible for working directly with the COR’s QA to insure successful day-to-day performance of this contract.

2.6. CONTRACT EMPLOYEES. Those persons hired by the contractor to assist in the performance of this contract.

2.7. CONTRACT PERIOD. The base period and option periods as renewed by the Corps of Engineers for a given contract.

3.0 CONTRACT PERIOD. The contract period will consist of 280 days from date of award.

3.1. PRE-SUBMISSION TOUR. A pre-submission conference tour will be held at the Raystown Lake Visitor Center

Multi-Purpose Room, located in Seven Points (6993 Seven Points Rd, Hesston PA). Attendance at this conference is not required, but highly recommended for the preparation of quotes. The tour will be at 10:00 a.m. EDT on Thursday, August 18, 2022.

3.2. PRE-WORK CONFERENCE. The contractor is required to attend a pre-work conference within 14 days of award. The purpose of the meeting will be to review the contract, accident prevention plan, and quality control plan, and verify insurance and safety requirements. The meeting will be held prior to the commencement of the new contract period and shall take place at Raystown Lake at a time that is mutually agreeable to the Contractor and the Government (upon award of the contract).

3.3. NOTICE TO PROCEED. All deliverables that are required after contract award are listed in section 4.4 and Exhibit 2 and shall be submitted within 14 business days of contract award, unless an earlier date is specified. The NTP will be issued after the COR and Contracting Officer have accepted the deliverables. The Contractor shall not initiate any work activities until receiving a written Notice to Proceed (NTP) from the Contracting Officer. The Contractor shall commence work under this contract within 5 calendar days after receipt of the Notice to Proceed if temperature requirements can be met.

4.0 SCOPE OF WORK.

4.1 CONTRACT AREA. The Contractor shall provide these services listed below at various locations around Raystown

Lake. See Attachment A for measurements of the designated construction areas, Attachment B for maps of the designated construction areas, and Attachment C for photos of the designated construction areas.

4.2 WORK DESCRIPTION.

4.2.1 Base Item 0001 for Ridge Campground and Ridge Parking lot (This item may be exercised in full or in part based on available funding to provide a complete and usable product):

• Clean and Sweep.

• Bituminous tack coat across entire roadway.

• 3" 19mm binder course will be laid across entire roadway surface.

• 3' Aggregate widener will be used to bring campsite entrances up to grade with newly laid 3" surface.

• It will not be the responsibility of the contractor to remove or reinstall parking blocks or provide any line painting.

4.2.2 Optional Item 0002 for Bay Campground:

• Clean and Sweep.

• True and leveling to bring grade to a level to promote positive drainage.

• Bituminous tack coat across entire roadway.

• 3" 19mm binder course will be laid across entire roadway surface.

• 3' Aggregate widener will be used to bring campsite entrances up to grade with newly laid 3" surface.

4.2.3 Optional Item 0003 for Finks Road Site:

• Grading machine will be used to grade, shape, and compact the existing stone area to promote positive drainage.

• 3", 19mm overlay across the entire parking area.

• It will not be the responsibility of the contractor to remove or reinstall parking blocks or provide any line painting.

4.3 APPLICABLE PUBLICATION. Except as otherwise specified herein, all work shall conform to the Pennsylvania

Department of Transportation Specifications, publication 408/2020, and addendum thereto, referred to herein as

PADOT specifications.

4.4 DELIVERABLES.

4.4.1 Submit the following for Government review and approval:

• Asphalt mix designs for each type of required mix.

• Gradation and quality data for the different aggregate materials used in the gravel shoulder work in overlay areas.

• Tack Coat data.

• Lab Proctor Test for PA 2A aggregate base.

• Asphalt Density Test Results.

4.5 TESTING. All testing shall be done by an independent commercial testing laboratory at the Contractor's expense and responsibility.

4.6 MATERIALS.

4.6.1 Aggregate. All aggregates for the gravel shoulder work shall be crushed material meeting the Type B quality requirements of Section 703.2, Table B. Gradations for the 2A, OGS and 57 materials specified shall meet the requirements of 703.2, Table C.

4.6.2 Tack Coat. Tack coat shall meet the requirements of Section 460.

4.6.5 Asphalt Pavement Courses. All asphalt pavement mix designs shall meet the requirements of Section 413, Superpave Mixture Design of the PADOT specifications except as modified herein. Mixture composition shall be in accordance with Section 413.2(e). The job mix formulas shall be Pennsylvania Department of Transportation approved mixes and information required by Section 413.2(e) shall be submitted to the Government. Additional requirements for individual mixes are provided in the paragraphs below.

• Asphalt Pavement 3” Course. Asphalt pavement material for the 3” overlay areas shall utilize a PG 64S-22 binder, a nominal max aggregate size of 19.0 mm and a Design ESAL frequency of < 0.3 million.

• Asphalt Base Course. Asphalt pavement material for the asphalt base course in the Twin Hollows parking areas shall utilize PG 64S-22 binder, a nominal max aggregate size of 25.0 mm and a Design ESAL frequency of <0.3 million.

• Asphalt Pavement Leveling Course. Asphalt pavement material for use as a leveling course shall utilize a

PG 64S-22 binder, a Design ESAL frequency of < 0.3 million and a nominal maximum aggregate size as appropriate for the thickness of the lift being placed.

4.7 EXECUTION.

4.7.1 Demolition and Earthwork.

The Contractor shall be responsible for obtaining all utility clearances prior to demolition and earthwork activities.

4.7.2 Aggregate Shoulder.

Aggregate shall be placed along the shoulder of overlay areas at the transitions with campground sites and gravel parking lots as identified in the Statement of Work. Aggregate for these areas shall be assumed to be PA 2A but material shall be confirmed with the Government prior to placement. Aggregate shall be compacted with equipment that will not damage the pavement edge.

4.7.3 Tack Coat.

Tack coat shall be placed on the existing surface prior to placement of asphalt overlays. Surfaces to receive a tack coat shall be cleaned and shall be free of excess dust and other loose material. Tack coat shall be placed in accordance with the requirements of PADOT Section 460.

4.7.7 Asphalt Paving.

Asphalt paving work shall conform to the requirements of PADOT Section 413. Regular checks on density shall be made with a nuclear gauge during the work and up to two sets of cores shall be tested for density for each area (each line item in the bid schedule) as directed by the Government. Density for the 12.5 mm mix shall be between 92.0% and

98.5% of the theoretical Maximum Density. Density for the 19.0 mm mix shall be between 91.0% and 98.0% of the theoretical Maximum Density.

4.7.8 Grading.

Work shall be performed so that the finished grade of the pavement is uniform and sloped for drainage to prevent ponding of water. Grading of the pavement shall be discussed with the Government in advance of the work.

5.0 GENERAL.

5.1. COMMUNICATIONS. The Contractor and/or designated QC will be available for notification between the times of

6:00 A.M. and 12:00 A.M. “Available for notification” for the purposes of this contract requires the Contractor and/or designated QC to be able to receive verbal/telephone communications during that time frame and act upon the communication within one (1) hour if necessary.

5.2. PERMITS AND LICENSES. The Contractor shall, at his/her expense, obtain any licenses or permits, including but not limited to Driver’s License, required to perform this contract. The Contractor shall comply with all current Federal, State and local laws and regulations and shall comply with any subsequent changes. The Government will provide all

NEPA Permits. No Erosion and Sediment Control Permit/Plan is required for this overlay paving project.

5.3. DAMAGES TO PROPERTY. It shall be the Contractor’s responsibility in the course of performing the contractual work or at any time on Government property to guard against destruction, injury, defacement, removal or any alteration of public or private property including, but not limited to developed facilities and vegetative growth. In the event public property is damaged, it shall be the Contractor’s responsibility to notify the Government of the incident within 24 hours. The contractor will repair or restore any damage to such facilities, buildings, signs, etc., resulting from the contractor’s failure to exercise reasonable care in the performance of the work. If the contractor fails or refuses to repair any such damage promptly, the

Contracting Officer may have the necessary work performed and charge the cost thereof to the contractor.

The contractor will exercise extreme care, so as to protect all visitors from injury and their property from harm and/or damage.

5.3.1. VANDALISM. The Contractor and Contract Employees will document and report instances of vandalism to the

Government within 24 hours.

5.3.2. RULES AND REGULATIONS. The Contractor and Contract Employees will comply with all laws of the United

States, Commonwealth of Pennsylvania and Raystown Lake Project rules, regulations set forth in CFR Title 36.

Copies of Title 36 will be provided at Pre-Work Conferences and are available upon request. Focused attention to vehicle operation and employee behavior should be considered to meet the requirements of this section.

6.0. SAFETY. The Contractor and Contract Employees will meet all applicable requirements of Corps of Engineers Manual

EM 385-1-1 dated 30 November 2014 entitled “Safety and Health Requirements Manual” (website location https://www.publications.usace.army.mil/LinkClick.aspx?fileticket=AP_WOXMIZL4%3d&tabid=16439&portalid=76&mi d=43544), OSHA Regulations, and all State and Local safety codes while in performance of this contract.

6.1. ACCIDENT PREVENTION PLAN. The Contractor shall develop and submit a written detailed accident prevention plan. This plan must indicate in detail the general policies and procedures for safe operation in the accomplishment of this contract. A cover letter identifying the Contractor or Company name, address, phone number, email (if applicable), Contract number and current year will accompany the plan. The plan shall show how the Contractor intends to perform all services in full compliance with the safety requirements set forth in EM 385-1-1, Appendix A. This plan will be submitted within 14 days from the award date. Any discrepancies shall be corrected within 3 business days, with no work being accomplished until the Plan is in accordance with EM 385-1-1. All plans, or subsequent revisions, must be acceptable to government BEFORE work commences.

6.2. SAFETY OFFICER. The Contractor shall designate a Contract Employee to be responsible for overall supervision of accident prevention activities. Such duties shall include ensuring applicable safety requirements are incorporated in work methods and inspecting the work to ensure that safety measures are in action.

6.3. REPORTING. The Contractor shall maintain an accurate record of, and report to the COR exposure data. All accidents resulting in death, traumatic injury, occupational disease, and damage to property, materials, supplies and equipment incident to work performed under this contract will be documented. All accidents shall be reported within 24 hours of the occurrence. All accidents resulting in death or injury requiring medical attention shall be reported immediately.

6.4. ROAD SIGNAGE. The Contractor shall provide and display signage of professional quality, to conspicuously advise the public and government employees of road improvements and possible traffic pattern changes.

7.0 QUALITY CONTROL. The Contractor is responsible for establishing and maintaining adequate quality control to insure satisfactory performance of contract work in accordance with specifications. This feature will be assured by a comprehensive Quality Control Plan developed by the Contractor and approved by the COR prior to initiating work. The

Government will monitor all work to assure compliance with the Contractor Quality Control Plan and that the Contractor’s performance meets Contract specifications.

7.1. QUALITY CONTROL PLAN. The Contractor shall submit for the COR’s approval, a written detailed Quality Control

Plan. This plan must indicate in detail, an inspection system covering all work performed under this contract. A cover letter identifying the Contractor or Company name, address, phone number, email (if applicable), Contract number and current year will accompany the plan. This plan will be submitted 14 days from the award date. All plans, or subsequent revisions, must be acceptable to government BEFORE work commences. This plan shall include, at minimum, the following items.

7.1.1. QC DESIGNATION. The Contractor shall provide a signed letter to the COR designating the name(s) of the

Contractor’s QC(s) who will be physically present on site with authority and power to conduct all overall management, coordination, and supervision whenever work specified herein is being performed. This letter shall also include the

QC(s) schedule(s) of work and contact information.

7.1.2. INSPECTION SCHEDULE. The Contractor shall provide a schedule which identifies the frequency of Quality

Control inspections.

7.1.3. COMMUNICATION PLAN. The Contractor shall provide a communication plan which demonstrates the

Contractor’s ability to maintain communications between Contract Employees and the Government personnel during times when services under this contract are being performed. This plan must include contact phone numbers and email addresses used, and/or identification of alternate method of communication. Although the Corps of Engineers does not endorse any product or service provider, cellular communication using area providers (Verizon and AT&T for highest quality reception) is recommended to meet this requirement.

8.0 INSURANCE. The Contractor shall procure and maintain, during the entire period of performance under the contract, insurance necessary as outlined in FAR 52.228-5 Insurance - Work On A Government Installation

8.1. DOCUMENTATION. Prior to start of contract work, the Contractor shall furnish to the Contracting Officer (KO) and

Contracting Officers Representative (COR) a current certificate or written statement of insurance requirements of the contract. Policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in policies adversely affecting the interests of the Government in such insurance shall not be effective for such period as may be prescribed by the Laws of the State in which this contract is to be performed and in no event less than thirty (30) days after written notice thereof to the Contracting Officer. Additionally, said policies shall list the

Government as additionally insured.

9.0 SECURITY. The Contractor and Contract Employees will insure all doors, gates and other areas will be secured, in the manner in which they were encountered, upon vacating the area.

9.1. ACCESS AND GENERAL PROTECTION/SECURITY POLICY. All contractor 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 Project Manager.

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.

9.2. SUSPICIOUS ACTIVITY REPORTING TRAINING. (e.g. iWATCH, CorpsWatch, or See Something, Say

Something). The contractor shall receive a brief/training (provided by the COR) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the Project manager or his/her authorized representative. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

9.3. ESCORTS. The contractor shall coordinate with the COR and/or the facility security office for access when required.

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

9.4. PRE-SCREEN CANDIDATES USING E-Verify Program. 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 prior to ensuring 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."

10. DEFICIENCIES, DEDUCTIONS AND DEFAULT.

10.1. DEFICIENCIES. If any of the services, in any measure, do not conform with contract requirements the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. In the event that the Contractor could not correct deficiencies by re-performance, the Government may require the Contractor to take necessary action to ensure that future performance conforms to contract requirements, and reduce the contract price to reflect the reduced value of services performed.

10.2. DEDUCTIONS. If the Contractor fails to correct defects by re-performance and/or take the necessary action to ensure future performance in conformity with contract requirements in a timely fashion the Government may, by contract or otherwise, 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 terminate the contract for default. These charges will be deducted from the Contractor’s next invoice The Contractor shall be provided an itemized breakdown of each deduction made.

10.2.1. DAMAGES. The Contractor shall be responsible for repairing or replacing damaged property to the satisfaction of the COR and the KO due to Contractor negligence. Repairs or replacement of damaged property shall be made within seven days or less of the incident (as determined by the COR and KO) or, with the prior approval of the COR and KO, the Government will make all necessary repairs or replacement of damaged property and all costs associated with said repairs or replacement will be deducted from the next invoice received from the Contractor.

10.3. DEFAULT. The Government may terminate the contract due to the Contractor’s failure to perform the requirements specified in this contract or extensions thereof or make progress so as to endanger performance of this contract.

End of Scope of Work

Section F – Deliveries of Performance

The period of performance for this contract shall run from date of award to 280 days thereafter.

http://www.dhs.gov/E-Verify) http://www.dhs.gov/E-Verify)

Section G – Contract Administrative Data

Billing Instructions:

INVOICES AND PAYMENT

1. INVOICES. The Contractor shall submit itemized invoices on a monthly basis for all services completed. The invoice shall accurately reflect work completed within the billing period. Each invoice shall contain the following information and be approved by the COR prior to payment.

• Contractor name and address, exactly as it appears on the contract

• Contract number

• Date of invoice submission

• Invoice number

• Description of services, as specified in 4.0 and Attachment B

• Quantities

• Unit

• Unit prices

• Extended total

1.1. CORRECTIONS. Incorrect invoices will be returned to the Contractor for correction before processing payment. Corrected invoices shall be re-dated to reflect the new submission date.

2. SUBMISSION OF INVOICES.

2.1. Original invoices for services performed under the contract will be submitted to:

US Army Corps of Engineers, TO: Allen.Gwinn@usace.army.mil

Raystown Lake Project CC: Dana.A.Burk@usace.army.mil

6145 Seven Points Road

Hesston, PA 16647

2.2. Payment will be made after approval from COR by:

USACE FINANCE CENTER

ATTN: DISBURSING

5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

3. PAYMENTS. Payments shall be made for items accepted by the Government in accordance with the Prompt

Payment Act. All elements of the specifications per contract line shall be accepted by the COR in order to receive payment.

Contracting Officer Statement

Only a warranted Contracting Officer (either a Contracting Officer or an Administrative Contracting Officer

(ACO)), acting within their appointed limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract, you shall not proceed with the change and shall immediately notify the

Contracting Officer. Proceeding with any work not authorized by the Contracting Officer will be at the Contractor’s own risk.

Section H – Special Contract Requirements

ANTITERRORISM/OPERATIONS SECURITIES-OPSEC

A. Access and General Protection/Security Policy and Procedures. All contractor and all associated sub-contractor’s 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/facility 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 (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) 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 installation or facility change, the Government may require changes in contractor security matters or processes

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

C. Pre-screen candidates using E-Verify Program. The Contractor must pre-screen Candidates using the E-verify

Program (http://www.uscis.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 prior to enrollment 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." *When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility

Verification, with the designated Government representative. This Form will be provided to the Contracting

Officer and shall become part of the official contract file.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance OCT 2018

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services DEC 2021

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 JAN 2022

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2021

252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support MAY 2016

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

Services JAN 2021

252.204-7022 Expediting Contract Closeout MAY 2021

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017

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

252.232-7017 Accelerating Payments to Small Business Subcontractors-- APR 2020

Prohibition on Fees and Consideration

252.244-7000 Subcontracts for Commercial Items JAN 2021

CLAUSES INCORPORATED BY FULL TEXT

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

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2022)

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:

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)).

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).

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).

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

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

52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19

U.S.C. 3805 note)).

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.]

X (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. 2402).

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

X (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.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.

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

(5) [Reserved]

(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41

U.S.C. 2313).

(10) [Reserved]

(11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

(12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(13) [Reserved]

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

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

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

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

(16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

(17)(i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)).

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

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

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

(v) Alternate IV (SEP 2021) of 52.219-9.

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

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

(19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).

(20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15

U.S.C. 657f).

(22) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

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

(23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-

Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns

Eligible Under the Women-Owned Small Business Program (SEP 2021) (15 U.S.C. 637(m)).

(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

(26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

X (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

X (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2022) (E.O. 13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

(ii) Alternate I (FEB 1999) of 52.222-26.

X (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

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

X (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

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

(33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

X (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

X (36) 52.222-54, Employment Eligibility Verification (NOV 2021). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

(37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008)

(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

(38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN

2016) (E.O. 13693).

(39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

(40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and

13514).

(ii) Alternate I (OCT 2015) of 52.223-13.

(41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-14.

(42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

(43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s

13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-16.

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

(45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

(46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

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

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

X (48) 52.225-1, Buy American--Supplies (NOV 2021) (41 U.S.C. chapter 83).

(49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2021) (41 U.S.C. chapter

83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-

77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

(ii) Alternate I (JAN 2021) of 52.225-3.

(iii) Alternate II (JAN 2021) of 52.225-3.

(iv) Alternate III (JAN 2021) of 52.225-3.

(50) 52.225-5, Trade Agreements (OCT 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

(52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

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

5150).

(55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

(56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV

2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41

U.S.C. 4505, 10 U.S.C. 2307(f)).

(58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31

U.S.C. 3332).

X (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL

2013) (31 U.S.C. 3332).

(60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

(61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

(62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

(63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C.

55305 and 10 U.S.C. 2631).

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

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

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

[Contracting Officer check as appropriate.]

X (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

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

chapter 67).

(3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple

Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY

2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

(5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

(6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

X (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O.

13658).

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

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

Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the

Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

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)).

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).

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).

52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

52.222-21, Prohibition of Segregated Facilities (Apr 2015).

52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

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

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

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

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

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

13627).

(B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

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

52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services--Requirements (May 2014) (41 U.S.C. chapter 67)

52.222-54, Employment Eligibility Verification (NOV 2021) (E. O. 12989).

52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).

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

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

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

52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

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

U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the

Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the

Contractor within 60 days.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

The Government may extend the term of this contract by written notice to the Contractor within 30 Days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29

CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION

Employee Class Monetary Wage-Fringe Benefits

Heavy Equipment Operator - $31.07

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized…