W912DW23Q8004.pdf
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- Attached to
- 2023 Annual Vegetation Maintenance Federal contract opportunity
- Solicitation number
- W912DW23Q8004
About this file
This is a solicitation for 2023 annual vegetation maintenance services. The U.S. Army Corps of Engineers Engineering District Seattle is seeking equipment, operators, and support to brush and mow grasses and vegetation from flood control levees. Services are required for the Tacoma/Puyallup and Stillaguamish Federal Projects in Washington state. Equipment specified includes a track mounted excavator with brushing/mowing attachment, sawyer, motor grader, wheel loader, and application of herbicides by a licensed applicator. Pricing is to be provided by the hour or acre. The period of performance is January 2023 through December 2023. The solicitation closes on December 22, 2022 and award will be made to the lowest priced responsible offeror. The acquisition is set aside for small businesses.
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SEE ADDENDUM
(No Collect Calls)
W912DW23Q8004 12-Dec-2022
b. TELEPHONE NUMBER
206-764-6573
8. OFFER DUE DATE/LOCAL TIME
12:30 PM 22 Dec 2022
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
W912DW9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
VINCENT E DANIELS
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED OR X
SMALL BUSINESSX
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
USA ENGINEER DISTRICT, SEATTLE
ATTN: CENWS-CT
4735 EAST MARGINAL WAY SOUTH, BLDG. 1202
SEATTLE WA 98134-2388
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE 960506 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
US ARMY CORPS OF ENGINEERS
ANTHONY DOERSAM
SEATTLE DISTRICT
4735 E. MARIGINAL WAY S.
SEATTLE WA 98124-2388
TEL: (206) 764-3484 FAX:
206-764-6817FAX:
TEL: 206-316-3168 SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$8,500,000
NAICS:
561730
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF57
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
INSTRUCTIONS TO OFFERORS
1. The solicitation is “100% small business set-aside”. All work shall be in accordance with the Scope of Work (SOW), attachments, and all other terms and conditions herein.
2. Quotes shall be submitted per the following:
• All emailed offers shall contain the RFQ title in the subject line and emailed to the following email address: vincent.e.daniels@usace.army.mil. For questions call (206)-764-6573.
• Faxed quotations will NOT be accepted.
• Quotes must set forth full, accurate and complete information, as required by this RFQ.
3. PROSPECTIVE OFFERORS: Contractors shall be registered in the System for Awards Management (SAM) prior to award of a contract or agreement resulting from solicitations.
“Registered in the System for Award Management (SAM) database” means that –
(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database;
(2) The offeror has completed the Core, Assertions, and Representations and Certification, and Points of contact sections of the registration in the SAM database;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.
(4) The Government has marked the record “Active”.
This rule more efficiently implements the Debt Collection Improvement Act of 1996, as it requires contractors to be registered in SAM for consideration of future solicitations, awards, and payment. Registration is required prior to award of any contract, basic agreement, basic ordering agreement, or blanket purchase agreement from a solicitation. LACK OF REGISTRATION IN THE SAM DATABASE WILL MAKE AN OFFER INELIGIBLE FOR AWARD. The web site may be accessed at www.sam.gov.
SAM Priority Processing Request: The notarized letter must have both the vendor signature page AND the notary signature page signed. If missing a signature (or other required data) GSA will reject the letter. This will cause the review and activation of the account will be delayed further. Any prioritization requests received on Friday are subject to delays because of the weekend. For a request you send on Friday afternoon, you may not receive your response until Monday morning.
4. ELECTRONIC FUNDS TRANSFER (EFT): Effective 99 Jun 01, the Government will make all payments by
EFT (unless the Government VISA credit card is accepted). The only exceptions are: 1) Foreign Vendors, 2) Government Agencies, and 3) One time payments. The EFT forms and instructions are on the USACE Finance Center (UFC) Web Page; www.fc.usace.army.mil. The UFC point of contact for this action is Mr. Kevin J.
Heath, kevin.j.heath@usace.army.mil, (901) 873-9135.
5. All questions resulting from this RFQ shall be submitted by close of business two (2) days prior to the closing date.
6. Award will be made to the lowest priced responsible quoter whose quote conforms to the requirements of the solicitation. The quoter must provide pricing for ALL items in the solicitation for its quote to be acceptable to the Government.
7. Required Submittals:
mailto:vincent.e.daniels@usace.army.mil http://www.sam.gov/ http://www.fc.usace.army.mil/ mailto:kevin.j.heath@usace.army.mil
• Signed and dated STANDARD FORM 1449 (Solicitation/Contract/Order for Commercial Items).
• Signed and dated STANDARD FORM 30 (Amendment of Solicitation/Modification of Contract), if applicable, for any Amendments to the solicitation.
8. The contractor is required to provide the following information with your quote:
Federal Taxpayer’s ID Number:
DUNS Number:
Cage Code Number This requires registration in SAM, web site for registration is www.sam.gov.
Remit to Address:
Company Name:
Address:
City/State/Zip:
Phone & Fax Numbers:
Point of Contact:
E-Mail Address:
All quoted items must meet the requirements of the Request for Quote (RFQ) including specifications stated in all attachments.
IAW FAR 12.205(b), offerors may propose more than one product (as determined by the Contracting Officer) that will meet a Government need in response to solicitation(s) for commercial items. The quote shall be determined acceptable based on the date and time received. The contracting officer shall evaluate each product as a separate offer. The contractor should list any special features or warranty information applicable to the quoted product(s).
ANNOUNCEMENT TO OFFERORS
Due to recent national events Seattle District US Army Corps of Engineers shall be conducting business under heightened security for the foreseeable future.
Access to Federal Center South, 4735 E Marginal Way S, Building 1202, Seattle, WA 98124 will be through the front lobby only. The building is under Federal Protective Service, which means that persons entering the facility are subject to inspection; including purses, packages, etc. All deliveries shall be thoroughly inspected. In addition, visitors may be required to be escorted by Corps personnel while in the building.
For any questions please contact the Contract Specialist assigned to your project or check our website at www.nws.usace.army.mil for up-to-date information.
http://www.sam.gov/ http://www.nws.usace.army.mil/
W912DW23Q8004
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job CE-1: Track Mounted Hydraulic Excavator
FFP
Similar to 200 series (w/ Brushing/Mowing attachment; Minimum 135-hp; Minimum 40,000-lbs)
(Pierce County)
Provide equipment with operators brushing grasses and vegetation from the top and side slopes of the flood control levees.
Regular Hourly Rate x Est. Quantity = Amount $___________ x 250 Hours $___________
Mobilization/Movement between Sites/Demobilization 1 Job $_________
Davis-Bacon Wage Determination No.: WA20220072 Modification No. 04 dated 09/09/2022 is applicable to this procurement as incorporated herein.
FOB: Destination
PSC CD: S208
NET AMT
0002 1 Job CE-2: Sawyer
FFP
(Requires the ability to fell trees and trim along the fence line using any of the equipment necessary to accomplish those tasks.)
(Pierce County)
Provide equipment with operators brushing grasses and vegetation from the top and side slopes of the flood control levees.
Regular Hourly Rate x Est. Quantity = Amount $___________ x 120 Hours $___________
Davis-Bacon Wage Determination No.: WA20220072 Modification No. 04 dated 09/09/2022 is applicable to this procurement as incorporated herein.
0003 1 Job CE-3: Cat 120M Motor Grader or Similar
FFP
(Minimum 135-hp; Minimum Weight 35,000-lbs; 12ft Minimum Blade Length)
(Pierce County)
Provide equipment with operators brushing grasses and vegetation from the top and side slopes of the flood control levees.
Regular Hourly Rate x Est. Quantity = Amount $___________ x 40 Hours $___________
Mobilization/Movement between Sites/Demobilization 1 Job $_________
Davis-Bacon Wage Determination No.: WA20220072 Modification No. 04 dated 09/09/2022 is applicable to this procurement as incorporated herein.
0004 1 Job CE-4: Cat 930M Wheel Loader or Similar
FFP
(Rubber tire(s), Minimum 150-hp; Minimum Weight 30,000-lbs, Minimum 3-cubic yard bucket, and forks.)
(Pierce County)
Provide equipment with operators brushing grasses and vegetation from the top and side slopes of the flood control levees.
Regular Hourly Rate x Est. Quantity = Amount $___________ x 120 Hours $___________
Mobilization/Movement between Sites/Demobilization 1 Job $_________
Davis-Bacon Wage Determination No.: WA20220072 Modification No. 04 dated 09/09/2022 is applicable to this procurement as incorporated herein.
0005 60 Acre Spraying of Noxious Weeds
FFP
(Federal Levee in Tacoma).
Contractor must supply their own water and application must be provided by licensed applicator and fully comply with all federal, state, and local regulations.
See description below.
0006 200 Each Concrete Blocks
FFP
(Minimum Weight 6400-lbs; Approximate dimensions: 2’7” W x 5’7” L x 3’0” H)
0007 1 Job CE-1 - Track Mounted Hydraulic Excavator
FFP
(w/ Brushing/Mowing attachment; Minimum 135-hp; Minimum 40,000-lbs)
(Snohomish County)
Provide equipment with operators brushing grasses and vegetation from the top and side slopes of the flood control levees.
Regular Hourly Rate x Est. Quantity = Amount $___________ x 300 Hours $___________
Mobilization/Movement between Sites/Demobilization 1 Job $_________
Davis-Bacon Wage Determination No.: WA20220075 Modification No. 05 dated 09/16/2022 is applicable to this procurement as incorporated herein.
0008 60 Acre Spraying of Noxious Weeds
FFP
(Stillaguamish Federal Project).
Contractor must supply their own water and application must be provided by licensed applicator and fully comply with all federal, state, and local regulations.
See description below.
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 01-JAN-2023 TO
30-DEC-2023
N/A US ARMY CORPS OF ENGINEERS
ANTHONY DOERSAM
SEATTLE DISTRICT
4735 E. MARIGINAL WAY S.
SEATTLE WA 98124-2388
(206) 764-3484
960506
0002 POP 01-JAN-2023 TO
30-DEC-2023
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 01-JAN-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
0004 POP 01-JAN-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
0005 POP 01-JAN-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
0006 POP 01-JAN-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
0007 POP 01-JAN-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
0008 POP 01-JAN-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
ITEM(S) 0001, 0002, 0003, 0004, 0005, 0006, 0007, 0008 - STATEMENT OF WORK
SCOPE OF WORK
2023 Annual Vegetation Maintenance
Stillaguamish Federal Project Tacoma/Puyallup Federal Project
EQUIPMENT REQUIRED:
Furnish all necessary supplies, materials, mowing, earthmoving and support equipment, complete with operator.
Tacoma/Puyallup Federal Levee Project:
CE-1: Track Mounted Hydraulic Excavator (Similar to 200 series) (w/ Brushing/Mowing attachment; Minimum 135-hp; Minimum 40,000-lbs)
Base - 250 Hours Mobilization/Demobilization (Movement between sites)
CE-2: Sawyer (Requires the ability to fell trees and trim along the fence line using any of the equipment necessary to accomplish those tasks.)
Base – 120 Hours
CE-3: Cat 120M Motor Grader or Similar (Minimum 135-hp; Minimum Weight 35,000-lbs; 12ft Minimum Blade Length)
Base - 40 Hours
CE-4: Cat 930M Wheel Loader or Similar (Rubber tire(s), Minimum 150-hp; Minimum Weight 30,000-lbs, Minimum 3-cubic yard bucket, and forks.)
Base - 120 Hours
Spraying of Noxious Weeds (Federal Levee in Tacoma).
Contractor must supply their own water and application must be provided by licensed applicator and fully comply with all federal, state, and local regulations. See description below.
Base – 60 Acres
Concrete Blocks (Minimum Weight 6400-lbs; Approximate dimensions: 2’7” W x 5’7” L x 3’0” H)
200 each
Stillaguamish Federal Project:
CE-1 - Track Mounted Hydraulic Excavator (Similar to 200 series) (w/ Brushing/Mowing attachment; Minimum 135-hp; Minimum 40,000-lbs)
Base - 300 Hours
Spraying of Noxious Weeds (Stillaguamish Federal Project).
Contractor must supply their own water and application must be provided by licensed applicator and fully comply with all federal, state, and local regulations. See description below.
Base – 60 Acres
LOCATION:
Equipment and operator furnished under this Purchase Order shall be delivered to and used at the Tacoma/Puyallup Federal Project in Tacoma, WA. The project consists of 2.2 miles of levee on each side of the Puyallup River. There are multiple access points along the levee where access is available there are time when the equipment will need to be moved throughout the site and a lowboy will be needed.
Equipment and operator furnished under this Purchase Order shall be delivered to and used at the Stillaguamish Federal Project in Arlington, WA. There are 29 segments along the river that may require maintenance. There are multiple access points along the project where access is available there are time when the equipment will need to be moved throughout the site and a lowboy will be needed.
WORK TO BE DONE:
The project consists of brushing grasses and vegetation from the top and side slopes of the flood control levees.
Interim mobilizations will be required to access all work locations.
It is anticipated that 250 hours will be used at the Tacoma/Puyallup location. It is anticipated that the sawyer’s 120 hours will be used at the Tacoma/Puyallup location. It is anticipated that the spraying will be done in the spring and in the fall of 30 acres for each application. The grader and loader will be used at multi times through the performance period from 1 day to week at a time.
It is anticipated that 300 hours will be used at the Stillaguamish location for the Excavator w/Brushing/Mowing Attachment and bucket. It is anticipated that the spraying will be done in the spring and in the fall of 30 acres for each application. Contractor will be responsible for contacting landowners for access according to movement of equipment and brushing schedule.
COMMENCEMENT, PROSECUTION AND COMPLETION:
Work will begin as coordinated by the designated Emergency Management Representative. The anticipated POP is that work will start on or about 1 January 2023 and be completed by 30 December 2023.
INSPECTION AND SUPERVISION:
All work will be conducted under direction of the Emergency Management Branch, Seattle District, Corps of Engineers.
SAFETY REQUIREMENTS:
Operation of equipment shall be conducted in accordance with the requirements of EM 385-1-1, “Safety and Health Requirements Manual”. All personnel are required to have PPE in accordance with EM 385 1-1. EM 385 1-1 can be found at: http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1- 1.pdf
SECURITY:
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 QAR 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
MEASUREMENT AND PAYMENT:
(a) Payment
(1) Mobilization and Demobilization: Payment will be made at the purchase order lump sum price for (items including) Mobilization, Demobilization, and Site to Site Movement payment of which shall constitute full compensation for assembling equipment at site preparatory to starting work, and for removing it there from at completion of the work under direction of the Contracting Officer.
EMAIL INVOICES TO:
POC will be provided at time of award. Certified Payrolls and Owner/Operator Statements should be sent to the field office, if applicable. Otherwise, mail to the above address. Payment will be based on the actual hours worked as reflected by the US Army Corps of Engineers, Seattle District, rental equipment record. Invoices will show actual hours worked, partial payments authorized.
DETAILED REACH INFORMATION
Tacoma/Puyallup
Reach 1:
Access – There are four gates on this reach; upstream, downstream and two in the middle.
Approximate Length of Segment – 3,565 feet Approximate Width of Spraying – 55 feet
Reach 2:
Access – There are two gates on this reach; upstream and downstream. Access at the 18th Street Double Gate
Approximate Length of Segment – 3,754 feet Approximate Width of Spraying – 60 feet
Reach 3:
Access – There are two ways to access this segment. One is through the Gog-Li-Hi-Ti park gate which has a Port of Tacoma lock on it (phone number is on the gate and security will unlock quickly).
Approximate Length of Segment – 4,340 feet Approximate Width of Spraying – 50 feet
Reach 4:
Access – The only access to this reach is along the railroad at the upstream end of the segment.
Approximate Length of Segment – 2,650 feet Approximate Width of Spraying –Total 55 feet Other items of interest – The City sewage treatment plant has built a fence along the landward shoulder of the levee that constrains the access to about 12 feet.
Reach 5:
Access – Access to this reach is difficult due to the railroads. There are no access ramps directly to the levee from public streets. One access method is to cross the railroad tracks from Reach 3, but that would need to be coordinated with Burlington Northern. The other is from the upstream end under the railroad bridge from Reach 7. Clearance and drivable surface angle are problems for this method. Hand crews and small tracked equipment are the preferred method for this reach.
Approximate Length of Segment – 1500 feet
Other items of interest - None
Reach 6:
Access – There are no gates on this segment. Access can be gained from the sewage treatment plant access road along the railroad and up an access ramp near the upstream end or from under the Eels street bridge.
Approximate Length of Segment – 1,200 feet
Reach 7:
Access – There is one gate for access to this segment. It is under the I-5 bridge through a gate owned by the City of Fife.
Approximate Length of Segment – 1,800 feet Approximate Width of Spraying work – 55 feet Other items of interest – The Corps gate is along the toe of the levee at the COE property line, but the City gate blocks access to it. There has been a history of vagrants living under the bridge with lots of garbage being dumped.
Reach 8:
Access – There are no gates on this segment. Access can be gained from Reach 6 by driving under the railroad bridge or by an access ramp from the wooded area along the railroad.
Approximate Length of Segment – 1,250 feet
Reach 9:
Access – There is one access point to this reach and it is from the North levee Road at the upstream end.
There is a gate at the end of public access with multiple locks on it. Approximate Length of Segment – 2,000 feet
Approximate Width of Brushing work – 60 feet
Reach 10:
Access – There is one access point to this reach and it is through the Burlington Northern gate off of River Road at the upstream end.
Approximate Length of Segment – 2,000 feet Approximate Width of Brushing work – 55 feet Other items of interest – None
Stillaguamish Federal Project Access to reach locations will be coordinated with the on-site Corps Construction Representative.
CLAUSES INCORPORATED BY REFERENCE
52.203-15 Whistleblower Protections Under the American Recovery and
Reinvestment Act of 2009
JUN 2010
52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
JUN 2020
52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information
Systems
NOV 2021
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities
NOV 2021
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
NOV 2021
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
NOV 2021
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.212-1 Instructions to Offerors--Commercial Products and Commercial Services
NOV 2021
52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services
NOV 2021
52.212-5 (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services (Deviation 2018-O0021)
OCT 2022
52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.222-26 Equal Opportunity SEP 2016 52.222-50 Combating Trafficking in Persons NOV 2021 52.222-55 Minimum Wages for Contractor Workers Under Executive
Order 14026
JAN 2022
52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts
SEP 2013
52.223-4 Recovered Material Certification MAY 2008 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
JUN 2020
52.232-33 Payment by Electronic Funds Transfer--System for Award Management
OCT 2018
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
NOV 2021
52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
252.203-7000 Requirements Relating to Compensation of Former DoD Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
SEP 2022
252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information
OCT 2016
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
252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation
DEC 2019
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation
MAY 2021
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2021
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.223-7999 (Dev) Ensuring Adequate COVID-19 Safety Protocols for Federal
Contractors (Deviation 2021-O0009)
OCT 2021
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
252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019
CLAUSES INCORPORATED BY FULL TEXT
52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)
(a) Definitions. As used in this provision--
Commercial and Government Entity (CAGE) code means—
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.
(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:
Immediate owner CAGE code:
Immediate owner legal name: ___
(Do not use a ``doing business as'' name)
Is the immediate owner owned or controlled by another entity?:
[ ___ ] Yes or [ ___ ] No.
(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:
Highest-level owner CAGE code:
Highest-level owner legal name:
(Do not use a ``doing business as'' name)
(End of provision)
52.204-20 Predecessor of Offeror (AUG 2020)
(a) Definitions. As used in this provision--
Commercial and Government Entity (CAGE) code means--
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.
(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):
Predecessor CAGE code: ____ (or mark “Unknown”).
Predecessor legal name: ____.
(Do not use a “doing business as” name).
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."
(d) Representations. The Offeror represents that--
(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--
It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT
2020)
(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.
(c) Representations.
(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (OCT 2022) ALTERNATE I (OCT 2014)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.
(a) Definitions. As used in this provision--
"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"Forced or indentured child labor" means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
"Inverted domestic corporation," means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
"Sensitive technology"—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business concern"—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern"—
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.
"Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
"Subsidiary" means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"Veteran-owned small business concern" means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
"Women-owned small business concern" means a small business concern --
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.
(b)
(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.
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