A22_17-T-0044_Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

W912ES-17-T-0044 08-Mar-2017

b. TELEPHONE NUMBER

651-290-5407

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 22 Mar 2017

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.

W912ES9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

TERRY G ZENKER

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

SEE SCHEDULE

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

WOMEN-OWNED SMALL

BUSINESS (WOSB)

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

CONTRACTING DIVISION

USACE - ST. PAUL

180 5TH STREET E SUITE 700

ST. PAUL MN 55101-1678

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 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

BALDHILL DAM/LAKE ASHTABULA, ND

JOEL ZIETZ

U.S. ARMY CORPS OF ENGINEERS

LAKE ASHTABULA PROJECT OFFICE

2630 114TH AVE SE

VALLEY CITY ND 58072-9795

TEL: 701-845-2970 FAX: 701-845-0712

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

$18M

NAICS:

561720

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF90

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.

W912ES-17-T-0044

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 5 Months

GARBAGE/RECYCLING COLLECTION

FFP

Work to be performed for BASE YEAR from 01 MAY TO 30 SEPTEMBER 2017

GARBAGE/RECYCLING COLLECTION

FOB: Destination

MILSTRIP: W81G6770189927

PURCHASE REQUEST NUMBER: W81G6770189927

NET AMT

0002 5 Months Privies

FFP

Work to be performed for BASE YEAR from 01 MAY TO 30 SEPTEMBER

2017 PRIVIES

FOB: Destination

PURCHASE REQUEST NUMBER: W81G67701899270002

0003 5 Months

VISITOR CENTER

FFP

Work to be performed for BASE YEAR from 01 MAY TO 30 SEPTEMBER

2017 VISITOR CENTER

FOB: Destination

PURCHASE REQUEST NUMBER: W81G67701899270003

0004 5 Months

COMFORT STATIONS

FFP

Work to be performed for BASE YEAR from 01 MAY TO 30 SEPTEMBER

2017 COMFORT STATIONS

FOB: Destination

PURCHASE REQUEST NUMBER: W81G67701899270004

0005 5 Months

FISH CLEANING STATIONS

FFP

Work to be performed for BASE YEAR from 01 MAY TO 30 SEPTEMBER

2017 FISH CLEANING STATIONS

FOB: Destination

PURCHASE REQUEST NUMBER: W81G67701899270005

0006 5 Months

PLAYGROUND PADS, VOLLEYBALL COURTS, SWIM

FFP

Work to be performed for BASE YEAR from 01 MAY TO 30 SEPTEMBER

2017 PLAYGROUND PADS, VOLLEYBALL COURTS, SWIM BEACHES

FOB: Destination

PURCHASE REQUEST NUMBER: W81G67701899270006

0007 5 Months

FIREPLACES/GRILLS

FFP

Work to be performed for BASE YEAR from 01 MAY TO 30 SEPTEMBER

2017 FIREPLACES/GRILLS

FOB: Destination

PURCHASE REQUEST NUMBER: W81G67701899270007

0008 5 Months

PICNIC TABLES, PICNIC SHELTERS, PARK BEN

FFP

Work to be performed for BASE YEAR from 01 MAY TO 30 SEPTEMBER

2017 PICNIC TABLES, PICNIC SHELTERS, PARK BENCHES

FOB: Destination

PURCHASE REQUEST NUMBER: W81G67701899270008

1001 5 Months

OPTION GARBAGE/RECYCLING COLLECTION

FFP

Work to be performed for OPTION YR 1 from 01 MAY TO 30 SEPTEMBER

2018 GARBAGE/RECYCLING COLLECTION

FOB: Destination

1002 5 Months

OPTION PRIVIES

FFP

Work to be performed for OPTION YR 1 from 01 MAY TO 30 SEPTEMBER

2018 PRIVIES

1003 5 Months

OPTION VISITOR CENTER

FFP

Work to be performed for OPTION YR 1 from 01 MAY TO 30 SEPTEMBER

2018 VISITOR CENTER

1004 5 Months

OPTION COMFORT STATIONS

FFP

Work to be performed for OPTION YR 1 from 01 MAY TO 30 SEPTEMBER

2018 COMFORT STATIONS

1005 5 Months

OPTION FISH CLEANING STATIONS

FFP

Work to be performed for OPTION YR 1 from 01 MAY TO 30 SEPTEMBER

2018 FISH CLEANING STATIONS

1006 5 Months

OPTION PLAYGROUND PADS, VOLLEYBALL COURTS, SWIM

FFP

Work to be performed for OPTION YR 1 from 01 MAY TO 30 SEPTEMBER

2018 PLAYGROUND PADS, VOLLEYBALL COURTS, SWIM BEACHES

1007 5 Months

OPTION FIREPLACES/GRILLS

FFP

Work to be performed for OPTION YR 1 from 01 MAY TO 30 SEPTEMBER

2018 FIREPLACES/GRILLS

1008 5 Months

OPTION PICNIC TABLES, PICNIC SHELTERS, PARK BEN

FFP

Work to be performed for OPTION YR 1 from 01 MAY TO 30 SEPTEMBER

2018 PICNIC TABLES, PICNIC SHELTERS, PARK BENCHES

2001 5 Months

OPTION GARBAGE/RECYCLING COLLECTION

FFP

Work to be performed for OPTION YR 2 from 01 MAY TO 30 SEPTEMBER

2019 GARBAGE/RECYCLING COLLECTION

2002 5 Months

OPTION PRIVIES

FFP

Work to be performed for OPTION YR 2 from 01 MAY TO 30 SEPTEMBER

2019 PRIVIES

2003 5 Months

OPTION VISITOR CENTER

FFP

Work to be performed for OPTION YR 2 from 01 MAY TO 30 SEPTEMBER

2019 VISITOR CENTER

2004 5 Months

OPTION COMFORT STATIONS

FFP

Work to be performed for OPTION YR 2 from 01 MAY TO 30 SEPTEMBER

2019 COMFORT STATIONS

2005 5 Months

OPTION FISH CLEANING STATIONS

FFP

Work to be performed for OPTION YR 2 from 01 MAY TO 30 SEPTEMBER

2019 FISH CLEANING STATIONS

2006 5 Months

OPTION PLAYGROUND PADS, VOLLEYBALL COURTS, SWIM

FFP

Work to be performed for OPTION YR 2 from 01 MAY TO 30 SEPTEMBER

2019 PLAYGROUND PADS, VOLLEYBALL COURTS, SWIM BEACHES

2007 5 Months

OPTION FIREPLACES/GRILLS

FFP

Work to be performed for OPTION YR 2 from 01 MAY TO 30 SEPTEMBER

2019 FIREPLACES/GRILLS

2008 5 Months

OPTION PICNIC TABLES, PICNIC SHELTERS, PARK BE

FFP

Work to be performed for OPTION YR 2 from 01 MAY TO 30 SEPTEMBER

2019 PICNIC TABLES, PICNIC SHELTERS, PARK BENCHES

3001 5 Months

OPTION GARBAGE/RECYCLING COLLECTION

FFP

Work to be performed for OPTION YR 2 from 01 MAY TO 30 SEPTEMBER

2020 GARBAGE/RECYCLING COLLECTION

3002 5 Months

OPTION PRIVIES

FFP

Work to be performed for OPTION YR 2 from 01 MAY TO 30 SEPTEMBER

2020 PRIVIES

3003 5 Months

OPTION VISITOR CENTER

FFP

Work to be performed for OPTION YR 2 from 01 MAY TO 30 SEPTEMBER

2020 VISITOR CENTER

3004 5 Months

OPTION COMFORT STATIONS

FFP

Work to be performed for OPTION YR 2 from 01 MAY TO 30 SEPTEMBER

2020 COMFORT STATIONS

3005 5 Months

OPTION FISH CLEANING STATIONS

FFP

Work to be performed for OPTION YR 2 from 01 MAY TO 30 SEPTEMBER

2020 FISH CLEANING STATIONS

3006 5 Months

OPTION PLAYGROUND PADS, VOLLEYBALL COURTS, SWIM

FFP

Work to be performed for OPTION YR 2 from 01 MAY TO 30 SEPTEMBER

2020 PLAYGROUND PADS, VOLLEYBALL COURTS, SWIM BEACHES

3007 5 Months

OPTION FIREPLACES/GRILLS

FFP

Work to be performed for OPTION YR 2 from 01 MAY TO 30 SEPTEMBER

2020 FIREPLACES/GRILLS

3008 5 Months

OPTION PICNIC TABLES, PICNIC SHELTERS, PARK BEN

FFP

Work to be performed for OPTION YR 2 from 01 MAY TO 30 SEPTEMBER

2020 PICNIC TABLES, PICNIC SHELTERS, PARK BENCHES

4001 5 Months

OPTION GARBAGE/RECYCLING COLLECTION

FFP

Work to be performed for OPTION YR 2 from 01 MAY TO 30 SEPTEMBER

2021 GARBAGE/RECYCLING COLLECTION

4002 5 Months

OPTION PRIVIES

FFP

Work to be performed for OPTION YR 2 from 01 MAY TO 30 SEPTEMBER

2021 PRIVIES

4003 5 Months

OPTION VISITOR CENTER

FFP

Work to be performed for OPTION YR 2 from 01 MAY TO 30 SEPTEMBER

2021 VISITOR CENTER

4004 5 Months

OPTION COMFORT STATIONS

FFP

Work to be performed for OPTION YR 2 from 01 MAY TO 30 SEPTEMBER

2021 COMFORT STATIONS

4005 5 Months

OPTION FISH CLEANING STATIONS

FFP

Work to be performed for OPTION YR 2 from 01 MAY TO 30 SEPTEMBER

2021 FISH CLEANING STATIONS

4006 5 Months

OPTION PLAYGROUND PADS, VOLLEYBALL COURTS, SWIM

FFP

Work to be performed for OPTION YR 2 from 01 MAY TO 30 SEPTEMBER

2021 PLAYGROUND PADS, VOLLEYBALL COURTS, SWIM BEACHES

4007 5 Months

OPTION FIREPLACES/GRILLS

FFP

Work to be performed for OPTION YR 2 from 01 MAY TO 30 SEPTEMBER

2021 FIREPLACES/GRILLS

4008 5 Months

OPTION PICNIC TABLES, PICNIC SHELTERS, PARK BE

FFP

Work to be performed for OPTION YR 2 from 01 MAY TO 30 SEPTEMBER

2021 PICNIC TABLES, PICNIC SHELTERS, PARK BENCHES

CONTRACT ADMINISTRATION

CONTRACT ADMINISTRATION DATA

CONTRACTING POINTS OF CONTACT

Shea Richardson, Contracting Officer Terry Zenker, Contract Specialist U.S. Army Corps of Engineers, St. Paul District 180 5th St. East, Suite 700 St. Paul, MN 55101

Terry Zenker Telephone: Office 651-290-5407 E- mail: terry.g.zenker@usace.army.mil

Only a warranted Contracting Officer acting within their delegated limits has the authority to issue purchase orders, 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.

INSTRUCTIONS TO QUOTERS

Please provide all of the following with your quote and send your quote via email (preferred) to Terry.g.Zenker@USACE.ARMY.MIL or via mail to:

U.S. Army Corps of Engineers Attn: Contracting Division (Terry Zenker) 180 5th Street East, STE 700 St. Paul, MN 55101

Fax: 651-290-5407

1. Acknowledgement of all amendments (if applicable).

2. Signed/dated Standard Form (SF) 1449 with pricing for all line items and a total price. Incomplete pricing schedules may be rejected.

3. A completed Commercial Experience Questionnaire (Attachment A).

4. A completed Past Performance Questionnaire (Attachment B).

5. Completed provision 52.212-3, Alt. I, “Offeror Representations and Certifications-Commercial Items”. If you are registered in SAM and the information is current you are not required to fill out the provision but you must indicate that your SAM record is current, to include BOTH FAR and DFARS Reps and Certs.

6. Your CAGE code, and DUNS number.

7. Contact information for the individual submitting the quote.

NOTE: IAW FAR 29.3‐State and Local Taxes, the Federal Government is exempt from paying local and state taxes. Exempt tax identification number is: 62‐1642142.

Offers will be evaluated by Lowest Price Technically Acceptable (LPTA) using simplified acquisition procedures of FAR 13.106-2. The following factors will be used to evaluate quotes:

price and technical acceptability. To be technically acceptable, the quoter must have a minimum of 2 years of commercial cleaning experience and satisfactory relevant past performance.

**Please note that the clause at 52.219-14, limitations on subcontracting applies to this procurement. As such, at least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

STATEMENT OF WORK

ASHTABULA CLEANING CONTRACT

GENERAL

1.1. Scope of Work. The work to be performed under this contract consists of furnishing all plant, materials, equipment, supplies, labor, and transportation as required by the Pricing Schedule of the contract, in strict accordance with the attached specifications and maps. All work materials and services not expressly called for in the specifications or shown on the maps but which are necessary for completion of the contract requirements shall be performed and furnished by the Contractor at no increase in cost to the Government.. A site visit is encouraged prior to submitting a quote for this solicitation.

1.2. General Description of Work.

Baldhill Dam Project is located near Valley City, North Dakota in Barnes County. The intent of this scope of work is to perform the following services as specified at the Baldhill Dam Project:

A. Garbage/Litter Debris Collection B. Clean Privies C. Clean Visitor Center D. Clean Comfort Station E. Clean Fish Cleaning Stations

F. Clean Playground Pads/Volleyball Courts/Swim Beaches G. Clean Fireplaces/Grills H. Clean Picnic Tables/Picnic Shelters/Park benches

1.3. Quality Control.

A quality control manager (QCM) shall be assigned in writing by the contractor during the time of the orientation meeting. The assigned QCM’s contact information to include telephone number (cell and office), fax number, and e-mail, shall be provided to the government. The assignment contact information shall be immediately updated in writing any time the contractor assigns a different QCM. The QCM is responsible for management of all aspects of this contract including safety, quality control reports, reporting & submission requirements, and insuring quality/timely completion of the contract specifications.

1.4. Quality Control Reports.

The QCM shall complete quality control reports and log sheets as required by this SOW. The quality control sheets and logs shall be submitted by fax, email, or mail service to:

Fax: 701-845-0712 (Attn Rich Schueneman) Email: richard.j.schueneman@usace.army.mil; joel.e.zietz@usace.army.mil Mail: US Army Corps of Engineers, Baldhill Dam, 2630 114 Ave. SE, Valley City, North Dakota 58072.

1.4.1. Quality Control Reporting. A “Quality Control Report” for Garbage Collection, Litter/Debris Removal, and Cleaning (Attachment 3) along with noting any vandalism or maintenance issues shall be filled out daily after the work is completed in accordance with paragraph 1.4 and submitted within 72 hours.

1.5. Payment.

Payment will made monthly during the contract period for the total of each service performed during that month. The contractor must submit a monthly invoice that itemizes each service performed in accordance with the contract line items listed in the Pricing Schedule of this contract. Charges on the monthly invoice must correspond with the daily work logs. In addition, invoices must contain the name and address that matches the information appearing on the contract. A hard copy invoice, or PDF file if submitting by email, must be submitted on the first business day of each month to:

Baldhill Dam 2630 114 Ave. SE Valley City, North Dakota 58072 or Joel.e.zietz@usace.army.mil

1.6. Contact Information.

The contractor shall provide a written list containing at least one primary and one secondary point of contact. The list will include names, telephone number (cell and office), fax number, and electronic mail address for each point of contact. The government will communicate on matters related to the work under this contract with the points of contact. The contact information must be immediately updated any time there is a change in personnel and resubmitted.

1.7. Safety Requirements.

General. The contractor shall comply with all applicable federal, state and local safety and occupational health laws, rules, and regulations. The Government will provide limited storage space for the Contractor's supplies. The Contractor shall supply Material Safety Data Sheets (MSDS) for any cleaning supplies containing hazardous chemicals stored in the buildings.

Containers shall be labeled as to the content and MSDS number.

1.7.1 US Army Corps of Engineers Safety Manual.

The contractor shall complete all work in a safe manner and in accordance with EM 385-1-1 (Safety & Health Requirements Manual). The Manual can be accessed at the following website:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1- 1.pdf

1.8. Security.

Locks. Site padlocks are utilized for security and are inventoried periodically. All padlocks shall be kept in their original location and secured after completion of work.

Keys. The government will issue keys to the contractor. The individual(s) receiving keys must sign a key control log and be available upon request for periodic key inventories. Making copies of keys is not permitted.

All Contractor and all associated sub-contractor employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The Contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by the Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD or local policy.

1.9. Period of Performance.

The Government has the option to extend the term of this contract by exercising option periods in accordance with clause 52.217-9, Option To Extend the Term of the Contract.

• Base Period: 1 May 2017 to 30 April 2018 (On-site Performance period 1 May 2017 – 30 September 2017)

• Option 1 Period: 1 May 2018 to 30 April 2019 (On-site Performance period 1 May 2018 – 30 September 2018)

• Option 2 Period: 1 May 2019 to 30 April 2020

(On-site Performance period 1 May 2019 – 30 September 2019)

• Option 3 Period: 1 May 2020 to 30 April 2021 (On-site Performance period 1 May 2020 – 30 September 2020)

• Option 4 Period: 1 May 2021 to 30 April 2022 (On-site Performance period 1 May 2021 – 30 September 2021)

1.10. Damage to Government Buildings, Dam, Operating Equipment, Grounds and Vegetation.

The Contractor shall notify the government of any damage to government buildings, equipment, vegetation and natural features that at locations where work under this contract takes place, regardless of the cause of the damage. This includes erosion, sink holes, burrows, and damages to structures. Notification shall be furnished in writing to US Army Corps of Engineers, Baldhill Dam, 2630 114 Ave. SE Valley City, North Dakota 58072. Fax # 701-845-0712 within 24 hours of each discovery of damage.

1.11. Orientation.

Prior to the start of work, the Government will provide an orientation meeting to the Contractor and its personnel which will include discussion of contract requirements, facility inventory, safety considerations, equipment, administration, dam adjustment procedures, and other pertinent information. The contractor will have opportunity to ask questions regarding work covered by this contract.

1.12 Detailed Work Schedule.

A detailed work schedules indicating the days and time of performance of all the work specified herein shall be submitted and received for approval within ten (10) calendar days after date of award. No deviations from the approved work schedule will be approved or permitted without written direction from the Contracting Officer. Work schedules must be approved prior to commencing the work specified under this contract. Work is required seven days a week, beginning May 1, and including Federal holidays.

1.13 Acceptance of Work

In accordance with the inspection of services provisions of the contract, clause 52.212-4(a) Inspection/Acceptance, the Contractor shall provide quality products in a timely manner. The Government may require the Contractor, at no additional cost, to replace or correct work that fails to meet contract requirements.

When unacceptable performance occurs, the Contracting Officer will inform the Contractor.

This will normally be in writing unless circumstances necessitate verbal communication.

When the Contracting Officer determines formal written communication is required, a Contract Discrepancy Report (CDR) will be given to the contractor.

The contractor shall acknowledge receipt of the CDR in writing. The CDR will specify if the contractor is required to prepare a corrective action plan to document how the contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the contractor has to present this corrective action plan to the Contracting Officer.

The response statement shall identify causes for failure to perform, and identify ways to prevent future occurrences of the same performance failures. The Contracting Officer will assess the need for further action, based on past performance and written plan for future incident prevention.

Failure to perform required services in a timely manner may result in payment reduction. Any CDRs may become a part of the supporting documentation for contract payment deductions or other actions deemed necessary by the Contracting Officer.

2. GARBAGE COLLECTION

2.1. General.

No garbage, ashes, branches or other rubbish collected by the Contractor may be stored or disposed of on government property. The Contractor shall transport and dispose of all garbage off-site at a location selected and paid for by the Contractor. The Contractor shall obtain a permit from the North Dakota Department of Health for transporting solid waste and strictly comply with all conditions. All Federal, State and Local laws pertaining to waste management shall be adhered to. The Contractor shall contact the Contracting Officer prior to the use of the proposed disposal site. Each agreement with landfill owner(s) shall be submitted to the Contracting Officer prior to the use of the proposed disposal site. It is recommended that the Contractor contact the proposed disposal site prior to the contract so that local policy is understood. There are 32 gallon galvanized steel garbage cans with covers located throughout the recreation areas. The contractor shall provide plastic liners that are 32 x 48 inches with a minimum thickness of two mils. The cans and all garbage piled near the cans shall be picked up on scheduled days. When a can becomes rank it shall be removed off site, cleaned and returned.

The Contractor will be supplied with extra cans from the Government if needed.

Note: The Contractor shall obtain a permit for transporting solid waste from the North Dakota Department of Health.

2.2 Recycling Service. Recycling Service consists of the removal of recyclable materials from the designated receptacles and delivering the materials to a commercial recycling center. All non-recyclable materials shall be removed from the bags prior to depositing the materials at the commercial center. Bags containing more non-recyclable materials than can be easily removed may be thrown in with the trash. Bags used for recycling shall be provided by the contractor and be a minimum of 2 mil in thickness. The number of recycling receptacles located in each campground is included on the list of facilities (Attachment 1). The net gain of receptacles at Lake Ashtabula will not exceed four (4).

2.3. Tasks. Three times a week (Monday, Thursday and Saturday) all garbage cans and recycling receptacles shall be emptied.

2.4. Holidays All garbage cans and recycling receptacles shall be emptied the day after Memorial Day, Independence Day, and Labor Day.

2. 5. Daily Tasks. On a daily basis, all litter including paper, cans, bottles, broken glass, pop caps or any other litter or debris including tree limbs 4 inches or less in diameter shall be removed by the Contractor from all recreation areas including parking lots, boat ramp areas, beaches, picnic areas, camping areas, day-use areas and roads within the recreation areas.

3. PRIVIES.

3.1. General. Each privy shall be cleaned. Toilet paper and urinal cakes, which shall be supplied by the Contractor, are to be kept in sufficient supply to last until the next cleaning. The floor shall be swept and mopped using a soap and water solution containing a disinfectant.

Urinals, stools and stool risers shall be thoroughly scrubbed with a disinfectant inside and out, flushed with clean water and wiped dry.

3.2 Campground Privies.. Five times a week (Monday, Thursday, Friday, Saturday and Sunday) the privies located in all campgrounds shall be cleaned according to paragraph 3.1.

3.3. Day Use Privies. Twice a week (Monday and Friday) all privies located in the day-use areas shall be cleaned according to paragraph 3.1.

3.4. Once a Week Tasks. Once a week (Friday) all privies shall have the inside walls and toilet partitions cleaned with soap and water containing a disinfectant. Ceilings shall be swept free of cobwebs, dirt, spitballs and any other foreign material. If hand scrubbing graffiti is not successful, the damage shall be reported to the Contracting Officer. Exterior walls shall be brushed free of cobwebs, dirt, bird droppings and other foreign materials

3.5 Holidays. .All privies shall be cleaned the day after Memorial Day, Independence Day, and Labor Day according to paragraph 3.1.

4. Visitors Center

4.1. General. The Visitor Center shall be cleaned Friday, Saturday and Sunday between the hours of 5:00 A.M. and 9:00 A.M. The building restrooms shall be cleaned a second time on weekends (Saturday and Sunday) and holidays between the hours of 4:00 P.M. and 8:00 P.M.

The upstairs display area will be opened to the public by 9:00 A.M.

4.2. Daily Tasks. Daily maintenance shall include sweeping and mopping all floors. The lower level floor shall be mopped with a soap and water solution containing a disinfectant. The Contractor shall provide a free standing floor sign with the legend “CAUTION WET FLOOR”.

This sign shall be displayed when mopping both levels. Urinals, toilets, sinks, and shower stalls shall be thoroughly scrubbed inside and out with soap and water containing a disinfectant and wiped dry. Mirrors shall be wiped clean without streaks. The sidewalk in front of the building and the deck both front and back shall be swept. Plugged drains, sinks, urinals and toilets shall be corrected immediately (notify Baldhill Dam staff if unable to do so). Toilet paper, hand soap, paper towels and deodorant cakes shall be restocked in sufficient quantity to last until the next cleaning. A stock of extra supply of paper products shall be stored in storage area for project staff to resupply during contractor’s absence. Anything in need of repair or that has been vandalized shall be reported to the Contracting Officer immediately. All garbage receptacles shall be emptied and sprayed with a disinfectant.

4.3. Once a Week Tasks. Once a week (Friday) the walls in the upper level restroom and the toilet partitions, shower curtains and walls in the lower level restrooms shall be washed with soap and water containing a disinfectant and wiped dry. The ceiling and wall vent covers shall be cleaned of dust and lint. Interior light fixture covers shall be removed and washed inside and outside. The ceilings shall be wiped free of all insects and webs. The exterior walls of the building, sidewalks, light fixtures, railing and soffits shall be swept free of dirt, cobwebs, bird droppings, nests, etc. All windows, screens and display cases shall be cleaned of dirt and smudges. On the 1st day of each month, all shower curtains shall be replaced with new curtains.

Spot clean as necessary on Saturday and Sunday all items in the once a week duties.

5. Comfort Stations

5.1. General. The East Crossing, Eggert’s and Mel Rieman Comfort Stations shall be cleaned daily between 5:00 A.M. and 9:00 A.M. On weekends (Saturday and Sunday) and holidays, the daily maintenance tasks shall be performed a second time between 4:00 P.M. and 8:00 P.M.

5.2. Daily Tasks. Daily maintenance shall include mopping the floor with a soap and water solution containing a disinfectant and allowed to dry. The Contractor shall provide a free standing floor sign with the legend “CAUTION WET FLOOR”, and the sign shall be displayed when mopping the floor. Urinals, toilets, sinks, and shower stalls shall be thoroughly scrubbed inside and out with a soap and water solution containing a disinfectant and shall be wiped dry.

Mirrors, soap dispensers and faucet handles shall be wiped clean. Plugged drains, sinks, urinals and toilets shall be corrected immediately (notify Baldhill Dam staff if unable to do so). All supplies including toilet paper, hand soap, paper towels and deodorant cakes shall be restocked in a sufficient quantity to last until the next scheduled cleaning date. An extra supply of paper products shall be stored in the storage area for project staff to resupply during contractor’s absence. All garbage receptacles shall be emptied and sprayed with a disinfectant. All sidewalks shall be swept and anything in need of repair or vandalized will be reported immediately to the Contracting Officer.

5.3. Once a Week Tasks. Once a week (Friday) the toilet partitions, shower curtains and interior walls shall be washed with soap and water containing a disinfectant and wiped dry. The ceiling and wall vent covers shall be cleaned of dust and lint. The ceiling light fixture covers shall be removed and cleaned inside and out. The ceilings shall be wiped free of all insects and cobwebs. The exterior of the building, light fixtures, benches and soffits shall be swept free of dirt, cobwebs, insects, bird droppings nests, etc. On the 1st day of each month, all shower curtains shall be replaced with new curtains. Spot clean as necessary on a Saturday and Sunday all items in the once a week duties.

6. Fish Cleaning Stations

6.1. General. . The fish cleaning stations located at Mel Rieman, Sibley, West Crossing and Eggert’s shall be cleaned 5 times a week (Monday, Wednesday, Friday, Saturday and Sunday).

6.2. The tables shall be washed with soap and water and rinsed. The floor shall be swept free of debris and washed down with a stiff broom and water. The shelter shall be swept free of insects, cobwebs, and debris. All garbage cans shall be double-bagged and emptied on the regular garbage rounds. The Contractor shall turn on the grinder and check the disposal for blockage. If the grinder is inoperable the Contractor shall notify the Baldhill Dam staff immediately.

7. Playground Pads/Volleyball Courts/Swim Beaches

7.1. General The playgrounds, swim beaches and volleyball court in the various recreation areas shall be checked on daily basis.

7.2. Daily Tasks. On a daily basis, the swimming beaches shall be cleaned and raked (to the wave line) free of any debris including algae and aquatic debris which has washed ashore. The debris shall be removed from the beach area and disposed of properly off site.

7.3. Once a Week Tasks. Once a week (Friday) all mounds and depressions in the playground impact pads, volleyball courts and swimming beaches shall be raked level free of debris. All grass and weeds shall be removed by their roots from the pads.

8. Fireplaces/Grills. Once a week (Tuesday) all fireplaces/grills shall be cleaned free of ashes and debris. Ashes in the fireplace rings shall be cleaned to the bottom of the ring. Any damage shall be reported to the Contracting Officer.

9. Picnic Tables/Picnic Shelters/Park Benches

9.1. Tasks. Three times per week (Saturday, Sunday, Monday) all picnic shelters shall be swept clean. All food spills shall be cleaned as well as the cobwebs, insects, nests, bird droppings or other foreign material shall be swept free of the shelter. All tables within the shelters shall be washed at this time.

9.2 Weekly Tasks. Once a week (Thursday) all picnic tables, including those in the shelters, and park benches shall be scrubbed with soap and water containing a disinfectant. Damaged or unsafe tables and benches shall be reported to the Contracting Officer.

10. Facility Descriptions.

10.1. Privies. The Mel Reiman campground has a 5’X7’ pre-fabricated metal structure over a concrete vault in the South Ravine containing one urinal and one stool and in the North loop of the Mel Reiman campground there are two concrete pre-fabricated privies with 6’X6’interiors each containing one unisex stool. The day use privy at Sundstrom’s and Eggert’s are concrete pre-fabricated structures 6’X6’ with interiors, and containing 1 unisex stool. The day use privy at the Sibley boat ramp is 11’X25’ concrete block structure. The interior is divided into a men’s side with two urinals and 1 stool, and the women’s side with 2 stools. The campground privy at Eggert’s is a concrete pre-fabricated structure with a 6’X6’ interior. This is a unisex facility with 1 stool. The campground privies at the West Crossing have 6’X6’ interiors and they are both unisex with 1 stool in each privy.

10.2. Visitors Center. The Visitors Center consists of a two story structure approximately 40’X40’. The upper level contains an interpretive center, storage room, balcony and a handicapped accessible bathroom consisting of a stool and sink. The lower level contains a utility room, furnace room and a women’s restroom containing 4 stools, 2 sinks, mirrors, a hand dryer and a shower stall. The men’s restroom contains 2 stools, 2 urinals, 2 sinks, a hand dryer and a shower stall.

10.3. Comfort Stations. The East Crossing Campground Comfort Station and Eggert’s Campground Comfort Station are approximately 28’X35’. They are constructed of wood frame outside walls and roof with concrete block interior center walls. Wood walls and ceilings are covered with fiberglass panels and the block walls are painted white. The shower stalls have ceramic tile walls and floors. The floors are a sealed concrete with no covering. The women’s side contains 2 showers, 3 toilets, 2 sinks, and a diaper changing station, mirrors and hand/hair dryers. The men’s side contains 2 showers, 2 toilets, 1 urinal, and 1 diaper changing station, 2 sinks, mirrors and hand/hair dryers. The handicap area contains 1 handicapped shower, 1 sink, 1 toilet, mirrors and hand/hair dryers. The mechanical rooms contain a mop wash basin and room to store cleaning supplies.

The Mel Rieman Campground Comfort Station is a precast concrete product that is approximately 11’X24’ and contains a men’s and women’s facility and a mechanical room. The interior walls and ceiling have an acrylic, water repellant, penetrating white stain. The floor is coated with a chemical resistant gray urethane. The bathrooms each contain 1 shower stall, 1 stool, a mirror, a sink and hand dryer.

10.4. Fish Cleaning Stations. The fish cleaning stations are located at Sibley, West Crossing, Eggert’s and the Mel Rieman boat landing. The stations vary in size from 12’X12’ to 12’X16’ and consist of a concrete floor, metal or wooden roof and a stainless steel table with an electric grinder.

10.5. Picnic Shelters. The Mel Rieman picnic shelter is a metal framed structure approximately 24’X44’. The shelter at the West Crossing is a wooden framed structure and is 14’X20’. The picnic shelter at Sundstrom is a metal framed structure with a wooden roof and is 18’X18’. The shelter at East Crossing is wood framed and is 25’X30’. All picnic shelters are affixed to concrete slabs.

11. REVIEW OF SUBMITTALS REQUIRED BY CONTRACTOR.

Contact information.

Detailed Work Schedule Debris/Garbage Collection and Cleaning; Quality Control Report (QCR). Attachment 2.

Invoices for payment (monthly).

Daily log filled out in storage area of comfort stations and Visitor Center. Attachment 3.

12. ATTACHMENTS.

1. Facilities Inventory List

2. Map

3. Quality Control Report (QCR) for Debris/Garbage Collection and Cleaning

Attachment One

Facilities Inventory List

Mel Rieman

Eggerts East Crossing

West Crossing

Sibley Sundstroms Headquarte rs Area

Comfort Station

1 1 1

Visitors Center

Day‐Use Privies

1 1 1

Camp Privies

3 1 2

Picnic Shelter

1 1 1 1

Fish Cleaning Station

1 1 1 1

Garbage Cans and

34 38 33 30 2 4 7

Recycling Containers

2 2 2 2

Picnic Tables

50 45 40 45 3

Park Bench

5 5 2 3 2

Fire Pit/Grill

30 45 40 42 2

Beaches 1 1 1 Play Grounds

1 1 1

Rough Square Footage Approximations of Beaches and Playgrounds:

Mel Rieman Recreation Area - two playgrounds 4,700 sq ft and 1,900 sq ft. The beach is 13,00 sq ft. The volleyball court 2,600 sq ft.

Sundstroms Recreation Area - playground 2,100 sq ft.

Eggerts Recreation Area - playground is 2,4000 sq ft. The beach is 2,900 sq ft.

East Crossing Recreation Area - playground is 4,000 sq ft. The beach is 3,600 sq ft.

Attachment Three

QUALITY CONTROL REPORT

For Garbage Collection

Cleaning Check boxes associated with work performed on this day and include details as specified in the notes below:

Tasks Mel

Rieman Sundstroms Eggerts East

Crossing West Crossing

Sibley Headquarters Area

Garbage and Recycling

Privies

Visitor Center

Comfort Station

Fish Cleaning Station

Playground/Volleyball courts/Beaches

Fireplace/Grill

Picnic Tables

Picnic Shelter

Park Benches

Litter/Debris Collection

Notes: Please list any maintenance needs, damage found to facilities or any other concern that you may feel should be brought to our attention.____________________________________________________ The above stated work was performed on the day specified above and completed according to the specifications detailed in the Scope of Work.

Print Name:______________________________ Sign:_______________________________ Date:____________________________________

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

1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 1005 Destination Government Destination Government 1006 Destination Government Destination Government 1007 Destination Government Destination Government 1008 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 2005 Destination Government Destination Government 2006 Destination Government Destination Government 2007 Destination Government Destination Government 2008 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 3005 Destination Government Destination Government 3006 Destination Government Destination Government 3007 Destination Government Destination Government 3008 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government 4004 Destination Government Destination Government 4005 Destination Government Destination Government 4006 Destination Government Destination Government 4007 Destination Government Destination Government 4008 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-MAY-2017 TO

30-APR-2018

N/A BALDHILL DAM/LAKE ASHTABULA, ND

JOEL ZIETZ

U.S. ARMY CORPS OF ENGINEERS

LAKE ASHTABULA PROJECT OFFICE

2630 114TH AVE SE

VALLEY CITY ND 58072-9795

701-845-2970

0002 POP 01-MAY-2017 TO

30-APR-2018

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-MAY-2017 TO

0004 POP 01-MAY-2017 TO

0005 POP 01-MAY-2017 TO

0006 POP 01-MAY-2017 TO

0007 POP 01-MAY-2017 TO

0008 POP 01-MAY-2017 TO

1001 POP 01-MAY-2018 TO

30-APR-2019

1002 POP 01-MAY-2018 TO

1003 POP 01-MAY-2018 TO

1004 POP 01-MAY-2018 TO

1005 POP 01-MAY-2018 TO

1006 POP 01-MAY-2018 TO

1007 POP 01-MAY-2018 TO

1008 POP 01-MAY-2018 TO

2001 POP 01-MAY-2019 TO

30-APR-2020

2002 POP 01-MAY-2019 TO

2003 POP 01-MAY-2019 TO

2004 POP 01-MAY-2019 TO

2005 POP 01-MAY-2019 TO

2006 POP 01-MAY-2019 TO

2007 POP 01-MAY-2019 TO

2008 POP 01-MAY-2019 TO

3001 POP 01-MAY-2020 TO

30-APR-2021

3002 POP 01-MAY-2020 TO

3003 POP 01-MAY-2020 TO

3004 POP 01-MAY-2020 TO

3005 POP 01-MAY-2020 TO

3006 POP 01-MAY-2020 TO

3007 POP 01-MAY-2020 TO

3008 POP 01-MAY-2020 TO

4001 POP 01-MAY-2021 TO

30-APR-2022

4002 POP 01-MAY-2021 TO

4003 POP 01-MAY-2021 TO

4004 POP 01-MAY-2021 TO

4005 POP 01-MAY-2021 TO

4006 POP 01-MAY-2021 TO

4007 POP 01-MAY-2021 TO

4008 POP 01-MAY-2021 TO

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.204-7 System for Award Management OCT 2016 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

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

NOV 2011

252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

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

MAY 2016

252.213-7000 Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System--Statistical Reporting in Past Performance Evaluations

JUN 2015

252.215-7008 Only One Offer OCT 2013 252.225-7012 Preference For Certain Domestic Commodities DEC 2016 252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) A vendor must provide a price on all items in this solicitation to be eligible for award. The Government will award on an “All or None” basis. Offers shall be evaluated in accordance with (IAW) FAR Part 13 - Simplified Acquisition Procedures of FAR 13.106-2. Offers will be evaluated by Lowest Price Technically Acceptable (LPTA) using simplified acquisition procedures of FAR 13.106-2. The Government will award a contract resulting from this solicitation to the responsible contractor whose offer, conforming to the solicitation, will be most advantageous to the Government.

The following factors will be used to evaluate offers:

(i) Price.

(ii) This is a Technically Acceptable factor. To be determined acceptable, the contractor must have a minimum of 2 years of commercial cleaning experience. Evidence of experience must be shown by completion of Attachment A.

(iii) This is a Technically Acceptable factor. To be determined acceptable, the contractor must have satisfactory relevant Past Performance. The contractor must complete Attachment B with contact information for similar commercial cleaning contracts. Similar work performed must have been completed with a rating of satisfactory performance.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)

ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision--

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“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. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i)…