W912DR23Q0003 Synopsis-Solicitation Drain cleaning.pdf

Dam Drain Cleaning & Video Inspection

Solicitation: W912DR-23-Q-0003

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) 2022-08 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 clean drains and conduct video inspections of the drains at the Arkport Dam in Steuben County, New York, Aylesworth

Dam in Lackawanna County, Pennsylvania, and East Sidney Dam in Delaware County, New York. The

Contractor shall provide all necessary equipment, staff, labor, supervision, materials, equipment, permits, and supplies to complete the Project.

This solicitation is a 100% small business set aside. 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 541990 – All Other Professional, Scientific, and Technical Services

- size standards of $17 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 Wednesday, December 14, 2022, 5:00 p.m. EST.

Quote, 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. ET on Friday, December

30, 2022. Late submissions will not be accepted.

Section B - Supplies or Services and Prices

Pricing – See the attached Quotation Sheet (J-3 Quote Sheet) http://www.acquisition.gov/far http://www.sam.gov/portal/public/SAM

Section C – Descriptions and Specifications

SCOPE OF WORK

1. Overview: The work involves cleaning and video inspection of features at three dams owned by the

Baltimore District US Army Corps of Engineers. The Contractor shall provide all labor, supervision, materials, equipment and supplies to complete the work stated in the Scope of Work (SOW).

2. East Sidney Dam:

2.1 General: East Sidney Dam is located along Ouleout Creek in Delaware County, New York (Latitude

42.330719, Longitude -75.229083). The Dam is located 36 miles northeast of Binghamton, NY, and

5 miles upstream of the Village of Unadilla. The project is owned, operated, and maintained by U.S.

Army Corps of Engineers, Baltimore District. The primary features of the dam include an earthen embankment, a concrete gravity structure with controlled outlet tunnels, and an uncontrolled center spillway.

Two (2) 8-inch perforated tile drains are located on the north and south extents of the stilling basin.

The drains are estimated to be 180 feet in length each. At approximately 10 to 15 feet from the downstream outlet there is approximately a 45-degree bend in both drains, at which, the pipe transitions from steel to tile drain. Refer to Figure 5 in Appendix A for the plan view of stilling basin and drains. The elevation of the north spillway drain is near the Ouleout Creek approximately 3 feet above the creek’s normal flow elevation. The elevation of the south spillway drain is approximately

15 feet above the Ouleout Creek at normal flow and fall protection measures will be required when working in this location. There is currently sediment, rocks and debris, in the drains. It is estimated that the largest of the debris is 4-inches wide. During the 2018 inspection of the south drain, sediment was observed from 50.0 to 70.0 feet which prevented further progress. During the 2022 inspection of the north drain, the inspection was halted at approximately 113 feet due to limitations of the camera inspections.

2.2 Sediment Removal & Cleaning: Properly remove all sediment, rocks, debris, and vegetation from the estimated 180 feet of 8-inch perforated tile drains (2) located on the north and south extents of the stilling basin. The cleaning equipment must be able to navigate turns in the drain. See attached drawings, photos and plans for details of the drain system. The interior surface area of the pipe, including the invert, shall be cleaned, and left exposed so that a camera inspection of the complete length of pipe can be performed. A member of the dam operator’s staff or the Baltimore District, Geotech Branch staff must be present during the cleaning process. Since the exact pipe extents and condition are unknown, the Geotechnical representative will work with the Contractor to ensure cleaning methods and pressures do not result in damage to the area.

2.3 Spoils: Flushed sediment, rocks, debris, and vegetation from the toe drain collector pipe cleaning shall be prevented from entering the downstream river channel with a sediment control system, such as sandbags, silt fences, etc. A spoil area on the project for the removed material will be designated by the Head Dam Operator.

2.4 Camera Inspection:

2.4.1 Closed Circuit Television (CCTV) Inspection: After cleaning, the complete length of the pipe shall be visually inspected by means of closed-circuit television. The CCTV inspection shall be performed by CCTV personnel trained and certified in the use of the National Association of

Sewer Service Companies’ (NASSCO) Pipeline Assessment and Certification Program (PACP).

All CCTV inspections shall be performed in accordance with PACP standards including the specific date and time of inspection.

2.4.2 Camera: The camera used for the inspection shall be one specifically designed and constructed for such inspection. Lighting for the camera shall be suitable to allow a clear picture of the entire periphery of the pipe. The camera shall be operative in 100% humidity conditions. The camera, television monitor, and other components of the video system shall be capable of producing picture quality to the satisfaction of the Government.

2.4.3 Camera Inspection Rate: The camera shall be moved through the line in either direction at a moderate rate, stopping when necessary to permit proper documentation of the pipe’s condition.

In no case will the camera be advanced at a speed greater than 25 feet per minute.

3. Arkport Dam:

3.1 General: Arkport Dam is located along the Canisteo River in Steuben County, New York (Latitude

42.3970193, Longitude -77.7150477). The Dam is located one mile west of the Village of Arkport and approximately six miles upstream from Hornell, New York. The project is owned, operated, and maintained by the U.S. Army Corps of Engineers, Baltimore District. The primary features of the dam include an earthen embankment, outlet tunnel, and uncontrolled side channel spillway with an ogee weir and a flip bucket.

The toe drain collector pipe extends from the downstream toe of the embankment 470 linear feet terminating at the Canisteo River in a flap gate. The 36-inch, corrugated metal toe drain collector pipe extends both west and east from the catch basin/manhole access point which is located at the downstream toe of the embankment. The western extent of the toe drain collector pipe is limited and terminates in rip rap material. See attached drawings, photos and plans for details of the drain system.

Debris and rocks up to 12-inch have been identified in the toe drain collector pipe. The Contractor shall either remove/reinstall the flap gate or support the flap gate in the open position as necessary to complete the cleaning/inspection.

3.2 Sediment Removal & Cleaning: Properly remove all sediment, rocks, debris, and vegetation from the

470 linear feet of 36-inch corrugated metal toe drain collector pipe. The cleaning is required along the full length of the toe drain collector pipe from its upstream end just to the west of the catch basin to its downstream outfall into the river at the flap gate. See attached drawings, photos and plans for details of the drain system. The interior surface area of the pipe, including the invert, shall be cleaned, and left exposed so that a camera inspection of the complete length of pipe can be performed.

3.3 Spoils: Flushed sediment, rocks, debris, and vegetation from the toe drain collector pipe cleaning shall be prevented from entering the downstream river channel with a sediment control system, such as sandbags, silt fences, etc. A spoil area on the project for the removed material will be designated by the Head Dam Operator.

3.4 Storm Events: During and subsequent to rain events, the toe drain collector pipe can carry substantial flow from surface water entering the drains, under-ground water entering the upstream end of the pipe and/or water entering from the downstream river. These situations pose a significant safety risk to human health and damaging equipment. The Contractor should not perform work when conditions are capable of flooding the pipe due to storm events. The Contractor is responsible for removing personnel and equipment from the area before and during inclement weather.

3.5 Camera Inspection:

3.5.1 CCTV Inspection: After cleaning, the complete length of the pipe, including the extension into the dam embankment shall be visually inspected by means of closed-circuit television. The CCTV inspection shall be performed by CCTV personnel trained and certified in the use of NASSCO’s

Pipeline Assessment and Certification Program (PACP). The flow in the pipe being inspected will be suitably controlled. All CCTV inspections shall be performed in accordance with PACP standards including the specific date and time of inspection.

3.5.2 Camera: The camera used for the inspection shall be one specifically designed and constructed for such inspection. Lighting for the camera shall be suitable to allow a clear picture of the entire periphery of the pipe. The camera shall be operative in 100% humidity conditions. The camera, television monitor, and other components of the video system shall be capable of producing picture quality to the satisfaction of the Government.

3.5.3 Camera Inspection Rate: The camera shall be moved through the line in either direction at a moderate rate, stopping when necessary to permit proper documentation of the pipe’s condition.

In no case will the camera be advanced at a speed greater than 25 feet per minute.

4. Aylesworth Dam:

4.1 General: Aylesworth Dam is located in northeastern Pennsylvania in the Archbald Borough of

Lackawanna County on Aylesworth Creek near its confluence with the Lackawanna River, approximately 1 mile upstream of the Borough of Jermyn, PA and approximately 10 miles upstream of the City of Scranton, PA (Latitude 41.5221045, Longitude -75.5307342). The primary features of the dam consist of a rolled earth and rock fill main embankment, an ungated chute spillway, and uncontrolled outlet works.

Outlet Works: The outlet works consists of a drop inlet structure, an outlet pipe downstream of the structure and an intake pipe (diversion conduit) upstream of the structure. The normal water flow from the lake enters near the top of the drop inlet and is then conveyed downstream through the outlet pipe. The intake pipe enters the drop inlet near its base where flow is controlled by a wedge gate valve. The gate valve is normally closed and is only opened in rare occasions when necessary to draw the lake down below the top inflow elevation of the drop inlet. Detailed descriptions of the outlet works features are included below and shown on the attached figures:

a. Drop Inlet: The drop inlet consists of a reinforced concrete box structure with 5 feet x 5 feet interior cross section dimension. Flow enters near the top of the drop inlet at an elevation of

1108.0 feet. The invert of the structure is 1073.8 feet which is 5 feet below the 1078.8 feet invert elevation of the outlet pipe. There are hinged doors in the concrete platform at the top of the drop inlet that allow for vertical access down the structure.

b. Outlet Conduit: The outlet conduit is a 490-foot-long concrete-encased vitrified clay pipe

(VCP). The Outlet Conduit is located near the midpoint of the embankment at its base and is founded on rock. The Outlet Conduit discharges into an impact-type concrete energy dissipation structure.

c. Intake Pipe (Diversion Conduit): The intake pipe is a 36-inch diameter vitrified clay pipe which is concrete encased only along a portion of its length as shown on the profile in figure

26. The pipe extends approximately 208 feet upstream from the drop inlet into the reservoir.

The upstream end of the pipe is embedded in a headwall and has an invert elevation of 1083.13 feet. Estimation from the original design drawings places the headwall at approximate coordinates of Latitude 41.522483777, Longitude -75.529434929, however actual field location may vary. The pipe enters the upstream side of the drop inlet with an invert elevation of 1078.93 feet where a wedge gate valve controls flow into the structure.

4.2 Coordination for Lowering of the Lake: The Contractor will need to coordinate with the dam operator for lowering of the lake below the top of the Drop Inlet Structure to allow for video inspection of the inlet structure and the outlet pipe in the absence of flowing water. Initial coordination with the dam operator shall be performed at least one week in advance of the desired inspection date. The Contractor shall assume a 1.5-hour period will be available for video after lowering of the lake. If a single 1.5-hour period is not sufficient to complete the inspection, additional drawdowns can be scheduled for subsequent dates. The ability of the dam operator to lower the lake can also be impacted by rain events.

4.3 Camera Inspection:

a. Drop Inlet: Video inspection of the drop inlet requires lowering of the lake as previously indicated. Video shall be performed by lowering a camera down the inlet while viewing the interior face of the opposing wall. Separate video shall be provided for each of the four walls and for the base. The field of view shall be sufficient to capture the full width of the wall over its full height. Lighting shall be provided to ensure that the video is clear to the satisfaction of the Government. Prior to starting the video, the Contractor shall pump out the water trapped in the bottom 5’ of the drop inlet below the invert of the outlet pipe.

b. Outlet Conduit: Video inspection of the outlet conduit requires lowering of the lake as previously indicated. The complete length of the Outlet Conduit shall be visually inspected by means of closed-circuit television. The inspection should start at the outlet end of the pipe and it should be anticipated that standing water will exist towards the outlet end. The

Contractor should also take care to stop the inspection vehicle short of the drop inlet structure to prevent it from falling 5’ into the bottom of the structure. The CCTV inspection shall be performed by CCTV personnel trained and certified in the use of NASSCO’s Pipeline

Assessment and Certification Program (PACP). All CCTV inspections shall be performed in accordance with PACP standards including the specific date and time of inspection. The television camera used for the inspection shall be one specifically designed and constructed for such inspection. Lighting for the camera shall be suitable to allow a clear picture of the entire periphery of the pipe. The camera shall be operative in 100% humidity conditions. The camera, television monitor, and other components of the video system shall be capable of producing picture quality to the satisfaction of the Government. The camera shall be moved through the line in either direction at a moderate rate, stopping when necessary to permit proper documentation of the pipe’s condition. In no case will the television camera be pulled at a speed greater than 25 feet per minute.

c. Intake Pipe (Diversion Conduit): The intake pipe inspection shall be performed using an underwater Remotely Operated Vehicles (ROV), proceeding from the upstream end of the pipe at the headwall, to the closed gate valve at the drop inlet structure. The inspection shall be “Level 1”, generally defined as “The purpose of a Level I inspection is to confirm as-built structural plans, provide initial input for an inspection strategy, and detect obvious major damage or deterioration due to overstress, impacts, severe corrosion, or extensive biological growth and attack. The inspection does not include cleaning of any structural elements”. The

ROV shall perform a sonar survey that provides coverage across the entire inside surface of the pipe. The ROV shall also include video camera and lighting capable of providing visual confirmation of all significant features identified by the sonar survey to the degree possible based on water clarity. If the clarity of the water permits, video footage shall be taken along the full length of the pipe.

5. Deliverables: Documentation of the inspection results shall be as follows:

5.1 Camera Inspection Logs Deliverables: Electronic media location records shall be kept by the

Contractor and will clearly show the location, by distance in 1/10 of a foot during inspection. In addition, other points of significance such as locations of unusual conditions, roots, cracks, fractures, broken pipe, presence of scale and corrosion, and other discernible features, as defined in the PACP defect codes, will be recorded on electronic media and three copies of such records will be supplied to the Government. It is Required that Contractor logs be delivered as a submittal and reviewed by the

COR for approval.

5.2 Inspection Report Deliverable: A Contractor furnished report will be generated detailing the findings of the cleaning operation and camera inspection findings. The Contractor furnished report will include inspection notes, detailed findings diagrams and documentation of defects. It is Required that the

Contractor report be delivered as a submittal and reviewed by the COR for approval.

5.3 Inspection Digital Photographs Deliverables: Detailed inspection photographs of the pipe condition and all defects shall be taken by the Contractor. Photograph locations shall be noted to the 1/10 of a foot from the starting point of the inspection at the end of the pipe. It is required that contractor digital photographs be delivered as a submittal and reviewed by the COR for approval.

5.4 Inspection Video Recordings Deliverable: Inspection video recording shall be collected to supply a visual record of the condition of all drains and the drop inlet, including problem areas. Two copies of the recordings will be delivered to the Government upon completion of the inspection. It is Required that contractor video recordings be delivered as a submittal and reviewed by the COR for approval.

5.5 Sonar Inspection Report: Sonar inspection results and defects shall also be mapped and reported in a similar manner as described in the items above.

6. Work Plan:

A submittal detailing the Contractor plans for the cleaning and inspection shall be submitted at least

30 days prior to the start of work. The submittal will include the following information:

a. Detailed list of the equipment to be used for the cleaning and inspection of the drains.

b. Estimated date for cleaning and inspection to take place.

c. Plan detailing the water source that will be utilized during the cleaning effort.

SPECIAL CONDITIONS

1. Period of Performance: Work shall commence after award and be completed by June 30, 2023. The start date will be coordinated with the Contracting Officer’s Representative (COR).

2. Performance of Work: The Contractor shall perform work only during normal Corps of Engineers duty hours (7:30 a.m. to 4:00 p.m., Monday through Friday, excluding federal holidays). Exceptions to this condition must be coordinated with and approved in advance by the COR.

3. Accident Prevention: In performing this contract, the Contractor shall comply with all current Federal, State, and Local safety regulations, including Corps of Engineers Safety and Health Requirement

Manual EM 385-1-1 and shall comply with any subsequent changes. Information regarding acquiring the Corps of Engineers Safety and Health Requirement Manual EM 385-1-1 may be found on the

USACE Headquarters website at https://www.publications.usace.army.mil/USACE-

Publications/Engineer-Manuals/ Prior to commencement of work under this contract the Contractor shall furnish to the Government an Accident Prevention Plan in accordance with Section I, Article

01.A.12 of the EM 385-1-1, dated 30 November 2014.

4. Accident Reporting: In the event of an accident or injury involving contractor personnel or equipment in performance of work, the Contractor shall immediately notify the Government representative by the most expedient means feasible. The Contractor shall complete forms furnished and/or provide a written description of the incident within 24 hours of notification to do so.

5. Operations and Storage Areas: The Contractor shall confine all operations (including storage of materials) to areas authorized or approved by the COR.

6. Access and General Protection/Security Policy and Procedures: All Contractor and all associated Sub-

Contractors’ employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The Contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by the COR. 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.

7. Suspicious Activity Reporting Training: The Contractor and all associated Sub-Contractors shall receive a brief/training 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, security representative or law enforcement entity.

This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new Contractor employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

8. Escorting: All Contract employees, including Sub-Contractor 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. 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.

10. Housekeeping: The Contractor shall keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work site and premises, any rubbish, tools, equipment, and materials that are not property of the

Government. Upon completing the work, the Contractor shall restore the work area to the original condition, to be approved by the Contracting Officer.

11. Environmental Protection: The Contractor is required to comply with all Federal, State, and Local environmental regulations.

12. Permits and Licenses: The Contractor shall, at his/her own expense, obtain any license or permits required to perform the contract. The Contractor shall comply with all Federal, State, and Local laws and regulations and shall comply with any subsequent changes.

13. Records and Reports: In addition to the administrative requirements dictated elsewhere in this contract, the Contractor shall complete a Daily Quality Control Report form to maintain record of contract performance, accident/injury incidence, and observance of project deficiencies. Forms will be distributed at pre-work conference.

14. Superintendent: The Contractor shall act as or provide a Superintendent who acts as a quality control manager whenever the work specified herein is being performed. The Superintendent shall conduct overall management coordination and be the central point of contact with the Government for performance of all work under this contract. The Superintendent and any individual designated to act for him/her shall have full authority to contractually commit the Contractor for prompt action on matters pertaining to the administration of the entire contract. Such authorization shall be submitted in writing to the Government representative. The Superintendent shall deal directly with the Government representative for normal day-to-day administration of the contract provisions. The Superintendent will be required to attend pre-work conference(s) prior to commencing work under this contract.

15. Project Operation: Arkport, East Sidney and Aylesworth Dams are flood control projects and the

Contractor’s access to the work area and the execution of the requirements specified herein shall not interfere with the daily operations of the project or employees. It is the responsibility of the Contractor to coordinate all work with the COR. The site of the work is subject to flooding. The Contractor shall consider the potential for high water levels in the scheduling of this contract. A specific program shall be established by the Contractor to evacuate personnel, equipment, and materials as necessary in the event of high water.

Section F – Deliveries of Performance

The period of performance for this contract shall run from date of award to 180 days thereafter.

Section G – Contract Administrative Data

Billing Instructions:

1. Invoices: The Contractor shall submit itemized invoices no later than 15 days from the completion of the total contract activity. The invoice shall accurately reflect work completed. Each invoice at a minimum shall contain the following information:

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

• Contract number

• Date of invoice submission

• Invoice or Call Order number

• Invoice total

2. 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.

3. Remittance: Invoices shall be submitted via post-mail and/or electronic mail to the following address for payment. Should changes occur to the mailing addresses the Contractor shall be notified of the correct recipient.

VIA Post Mail: U.S. Army Corps of Engineers

Susquehanna River Project

ATTN: Brian K. Luprek

5960 Susquehanna Trail, Suite 1

Turbotville, PA 17772

VIA Electronic Mail: Brian.K.Luprek@usace.army.mil

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 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

(NOV 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 (NOV 2021)

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 (SEP 2013)

252.204-7003 Control Of Government Personnel Work Product (APR 1992)

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)

252.225-7048 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-- Prohibition on Fees and

Consideration (APR 2020)

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders –

Commercial Products and Commercial Services (OCT 2022)

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

(6) 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)).

(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. 2402).

__ (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.)

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 (Oct 2022) (15 U.S.C.

657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15

U.S.C. 657a).

__ (13) [Reserved]

X (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 2022) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) (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.

X_ (19) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).

__ (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 (Oct

2022) (15 U.S.C. 657f).

__ (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (Oct 2022) (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 (Oct 2022) (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 (Oct 2022) (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) (15U.S.C. 637(a)(17)).

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

__ (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 (Sep 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.

__ (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.

X (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 78and

E.O. 13627).

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

X (36) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 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 (Jun2014) 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 (Jun2016) (E.O. 13693).

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

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (48)(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Oct 2022) (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.

__ (v) Alternate IV (Oct 2022) 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. 2302Note).

__ (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

(Nov2007) (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)).

X (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management

(Oct2018) (31 U.S.C. 3332).

__ (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.

(c) 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. chapter67).

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) (29U.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).

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).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) 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.

(1) 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.

(2) 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.

(3) 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.

(e)(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-

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

3509).

(ii) 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)).

(iii) 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).

(iv) 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).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (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.

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

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

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

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

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

(xi) 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.

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

(xiii)(A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).

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

(xiv) 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).

(xv) 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).

(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026

(Jan 2022).

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

(xix)

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

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

(xx) 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).

(xxi) 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.

(xxii) 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)

52.222-42 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

Engineering Technician - $38.11

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 deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48

CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Section J - List of Documents, Exhibits and Other Attachments

ATTACHMENTS

J-1 Wage Determination:

J-2 Appendices: Photos, Maps, and Plans

J-3 Quote Sheet

J-4 Past Performance Questionnaire

Section K - Representations, Certifications and Other Statements of Offerors

CLAUSES INCORPORATED BY REFERENCE

52.203-11 Certification And Disclosure Regarding Payments To Influence Certain

Federal Transactions (SEP 2007)

52.204-24 Representation Regarding Certain Telecommunications and Video…