W912ES24Q0104.pdf

SEE ADDENDUM

(No Collect Calls)

W912ES24Q0104 25-Jul-2024

b. TELEPHONE NUMBER

651-290-5418

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 08 Aug 2024

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X 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

BENJAMIN T KNUTSON

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

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

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

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

CONTRACTING DIVISION

USACE, ST PAUL

332 MINNESOTA STREET

SUITE E1500

ST PAUL MN 55101-1323

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

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: 651-290-5414 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$17,500,000

NAICS:

561710

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 OF72

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.

W912ES24Q0104

Section SF 1449 - CONTINUATION SHEET

INSTRUCTIONS

This section is general guidance for preparing the quotation in response to this solicitation. This solicitation is a Request for Quote (RFQ), which should result in one (1) firm fixed price contract. The Quoter’s response to this solicitation must include all data and information requested herein and in accordance with the following instructions:

1. Price Quote.

Standard Form 1449 Solicitation/Contract/Order for Commercial Items.

Complete Blocks 17 and 30a-c.

Acknowledgement of Amendments.

Complete only as necessary and provide signed copies of the Standard Form 30 Amendment of Solicitation/Modification of Contract with your quote. Failure to acknowledge amendments may result in the quote’s removal from consideration for contract award.

Price Quote.

All pricing (unit, total, subtotal, grand total, etc.) must be in whole penny amounts.

Note: Freight and/or shipping & handling charges shall be included in the unit price. Do not quote freight charges separately.

2. Questions.

All questions regarding this solicitation shall be submitted via email to benjamin.t.knutson@usace.army.mil and jesse.l.onkka@usace.army.mil.

Responses to interested quoter questions will be published in amendments to this solicitation at https://SAM.gov. Interested firms are responsible for monitoring https://SAM.gov for any amendments to this solicitation.

3. Submitting Quotes.

All transmittals shall be submitted electronically to benjamin.t.knutson@usace.army.mil and jesse.l.onkka@usace.army.mil. Transmittals shall contain the solicitation number in the subject line.

Quotes must be received no later than the date and time stated in Block 8 of the Standard Form 1449.

Quotes received after the deadline will be late and may not be considered for contract award.

4. Quoter shall be registered in the System for Award Management (SAM), https://SAM.gov to include the FAR and DFARS Representations and Certifications section.

For assistance with SAM, please contact:

SAM Service Desk Website https://www.fsd.gov U.S. Calls 1-866-606-8220 Hours of Operation Monday-Friday 8am to 8pm ET

5. As a component of the U.S. Government, the U.S. Army Corps of Engineers is exempt from Federal, State, and Local Taxes, including sales taxes. Do not include sales tax(es) in quoted price.

6. System limitations require that DFARS Clause 252.232-7003 must be added to this solicitation. However, the U.S. Army Corps of Engineers, St. Paul District does not use Wide Area Workflow (WAWF), and our financial management system does not allow for direct electronic submission of payment requests. Therefore, the terms of DFARS Clause 252.232-7003 will not apply to this solicitation’s resulting contract. The Contractor shall submit invoices in accordance with the SOW herein or as amended.

SCOPE OF WORK

PERFORMANCE WORK STATEMENT (PWS)

PEST MANAGEMENT SERVICES

AT Lock and Dam 1 (LD1) & Lower Saint Anthony Falls Lock and Dam (LSAF)

Part 1 General Information

1. GENERAL: This is a non-personal services contract to provide Pest Management (PM) services at LD1 & LSAF in the Twin Cities Metro Area of MN. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform PM services as defined in this Performance Work Statement (PWS), section 5. The Contractor shall perform to the standards in this contract.

1.2 Background: PM is a process for achieving long-term, environmentally sound pest suppression through the combined use of a wide variety of physical, mechanical, biological, and chemical practices. When effective, the contractor should use non-chemical methods to eliminate, reduce, exclude, or repel pests prior to implementing chemical control. When chemical control methods are deemed necessary, the contractor shall select and use the least toxic and least persistent, target-specific pesticide(s) and herbicides, applied at the lowest concentration that will effectively control the target pest.

1.3 Objectives: The objectives of this contract are to provide sufficient guidance to operate and maintain an effective pest management program and to ensure effective, economical and environmentally acceptable management while maintaining compliance with applicable laws and regulations.

1.4 Scope: The Contractor shall accomplish PM measures to control/manage pests to include, but not limited to structural pests, disease vectors, stored food pests, household nuisance pests, and vertebrate pests to ensure a safe living and working.

The services needed are as follows.

Lock & Dam #1:

o The following areas are to be serviced: service garage, operator stands, generator room, and Central Control Station (main building) for rodents and general crawling insects on the interior and exterior. These services are to be performed once a month.

o Rodent control service on the land wall electrical tray lines. These services are to be performed bimonthly.

o Bait for rodents on the I-Wall and River Wall electrical trays. These services are to be performed once a quarter.

Lower St Anthony Falls:

o The following areas serviced: service garage, cold storage, pier houses, and Central Control

Station (main building) for rodents and general crawling insects on the interior and exterior. These services are to be performed once a month.

1.2 Additional Information

1.2.1 Hours of Operation: Treatment of the site(s) should be between the hours of 0800 and 1600 Monday through Friday and the Contractor must either schedule the work for the same time & day every month (11am on the first Monday of the month for example) or notify the Corps three (3) business days in advance of when they’re going to be on site.

1.2.2 Security Requirements:

1.2.2.1 Physical Security: The Contractor shall provide proof of E-Verification documentation for personnel coming on site as well as provide any required information requested by the Corps Security office for background checks on contractor personnel.

1.2.3 Special Qualifications: The contractor shall have federal or state commercial certification in pesticide application with respect to forest, aquatic, right of way, industrial, institutional, structural, health related and public health areas to operate the pest management program.

1.2.3.1 Personnel Qualifications. In accordance with DoDI 4150.07, the Contractor shall provide pesticide applicators certified by the Minnesota Department of Agriculture, as applicable, in the category of pest control in which they are performing and/or applying pesticides. Contractor pesticide applicators shall always maintain a copy of their certification in their possession while conducting pest control operations on Corps property.

1.2.4 Contractor Personnel Conduct: The conduct of Contractor personnel shall not reflect discredit upon the Government. The Contractor shall ensure that personnel present a professional appearance. The Contractor’s employees shall observe and comply with all local policies and procedures concerning fire, safety, environmental protection, sanitation, and security. The Contractor is responsible for ensuring that any contractor employees providing services under this contract conduct themselves and perform services in a professional, safe, and responsible manner. The Contractor shall remove from the job site any employee for reasons of misconduct or security.

PART 2

DEFINITIONS, ACRONYMS, AND ABBREVIATIONS

2. DEFINITIONS AND ACRONYMS:

2.1 Definitions:

2.1.1 Certified Applicator/Operator. Any individual who applies pesticides, having been authorized to do so by successfully completing the required training and received certification from Minnesota Department of Agriculture.

2.1.2 Contractor. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.3 Contractor Acquired Property. Property acquired, fabricated, or otherwise provided by the contractor for performing a contract and to which the Government has title.

2.1.4 Contracting Officer (KO). A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.5 Defective Service. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.6 Material. Property that may be consumed or expended during the performance of a contract, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end-item. Material does not include equipment, special tooling, and special test equipment or real property.

2.1.7 Pest Control/ Management. Pest reduction or prevention utilizing a comprehensive approach that considers various control/management techniques, the habitat of the pest, and the interrelationship between the pest population and the ecosystem.

2.1.9. Physical Security. Actions that prevent the loss or damage of Government property.

2.1.10 Property. All tangible property, both real and personal.

2.1.11 Vertebrate Pest. Animals, many of which are otherwise protected by law, causing unacceptable damage to property or presenting a potential threat to human health and well-being. Vertebrate pests include, but are not limited to, birds, snakes, moles, bats, raccoons, squirrels, and some feral animals. Pest wildlife control operations are subject to Federal and State guidelines and permit requirements. The taking of protected species requires special permit(s) issued by the State wildlife management agency or United States Fish & Wildlife Service (USFWS).

2.1.12 Wood Destroying/Infesting Organisms. Subterranean and other termite species, other wood destroying insects, and microbial pests that can cause catastrophic damage to structures if left uncontrolled.

PART 3

CONTRACTOR FURNISHED ITEMS AND SERVICES

3. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

3.1 General: The Contractor shall furnish all supplies, equipment, and services required to meet the requirements of this PWS.

3.2 Materials: The Contractor shall provide all materials required to meet the requirements of this PWS.

3.3 Equipment: The Contractor shall provide all equipment required to meet the requirements of this PWS.

3.4 Pesticides. The Contractor shall provide all USEPA and State registered pesticides necessary to perform the services of this Contract. The pesticides must be in original form and containers without alteration or contamination.

All pesticides used by the Contractor shall be delivered to the specific work site or facility in securely closed containers as supplied by the manufacturer or formulator, unless otherwise approved by the KO. Containers shall be in good condition without leaks or corrosion, with tight fitting seals or covers, and with labels that are intact and legible. The Contractor shall transport, handle, and use all pesticides in accordance with label directions on the original container.

3.5 Personal Protective Equipment (PPE). The Contractor shall comply with all State and Federal regulations regarding the provisioning of pest control personnel with personal safety equipment.

3.6 Damage Caused by Contractor. The Contractor shall be held accountable and liable for any damage to Government facilities, equipment, or grounds caused by the Contractor or the Contractor’s employees.

PART 4

SPECIFIC TASKS

4. SPECIFIC TASKS:

4.1 Basic Services: The Contractor shall provide pest management services as defined in this PWS. Specific tasks required to accomplish these services are listed below.

4.1.1 Pesticide Mixing: All pesticide formulations shall be mixed at the Pest Control facility or at the site of application.

4.1.2 Pesticide Spills: Pesticide spills are reported to the Corps and any relevant State/Federal entities. Pesticide spills will be cleaned up IAW current MN spill prevention and cleanup guidelines. The contractor shall carry an emergency spill kit at all times.

4.1.3 Certification Identification: Only certified applicators are allowed to mix and spray pesticides on Corps property.

4.1.4 Certification Submittal: Prior to commencement of work, the Contractor shall provide the Contracting Officer (KO) with a copy of: the Contractor's pesticide contractor’s license; State certification for each Contractor employee performing pest management services under this Contract. The Contractor will submit updates, as necessary. The copy of State certification provided will contain, at a minimum, the following information: licensee’s full name, license/certification number, pest control categories, and license/certification expiration date.

4.1.5 Contractor Work Plan. The Contractor shall develop and follow a Work Plan (WP). The WP shall include a list of pesticides proposed for use, including labels and MSDS, and comply with all applicable Army, State, and Federal regulations. The WP shall be provided to the KO prior to starting work on site.

4.2 Major Requirements

4.2.1 Cleanup: The Contractor shall, at a minimum, be responsible for the cleanup of any applied treatment that requires remediation after application. For example, chemicals applied to interior of facilities that require cleanup before such facility can be occupied again, shall be the contractors responsibility to clean up to return the facility as ready for use. Contractor shall also provide cleanup of nesting materials, feces, urine, etc. left by pests and apply an effective deodorizer if required.

4.2.2 Dead or Dying Animals: The Contractor shall remove dead vertebrate animals and dispose of the carcasses in accordance with State regulations Corps waste facilities are available on site for non-Hazmat waste. The Contractor shall report any dying vertebrate animals to the Corps and/or law enforcement for potential dispatching of the animal and disease testing, if needed.

4.2.3 Human Health Concerns: Any animal captured during the performance of work under this contract that showed suspicious behavior (i.e., animals that are normally active at night, like skunks and raccoons, that are observed in the daylight hours without fear of humans or animals that appear disoriented or wandering around aimlessly, including but not limited to fox and feral cats) must be brought to the attention of site personnel.

4.2.4 Maintain Pesticide Storage: The contractor shall not store pesticide materials on Corps property.

PART 5

APPLICABLE PUBLICATIONS

5. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

5.1 The Contractor must abide by all applicable Federal, State, and City regulations, publications, manuals, and local policies and procedures. Any Contractor provided publications are to be procured and maintained at Contractor’s expense.

PART 6

ATTACHMENT/TECHNICAL EXHIBIT LISTING

6. ATTACHEMENT/TECHNICAL EXHIBIT LIST:

6.1 Attachment 1 – Pest Management Facility Layout

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months Lock & Dam 1 Monthly Pest/Rodent Control

FFP

Service areas: service garage, operator stands, general room, and central control station (main building) for rodents & general crawing insects in the interior and exterior. Onsite Period of Performance: 11/01/2024-10/31/2025 FOB: Destination

MILSTRIP: W81G6741795342

PURCHASE REQUEST NUMBER: W81G6741795342

PSC CD: S207

NET AMT

0002 6 Bimonthly Lock & Dam 1 Bimonthly Rodent Control

FFP

Service to be performed on the land wall electrical tray lines. Onsite Period of Performance: 11/01/2024-10/31/2025 FOB: Destination MILSTRIP: w81G6741795342

PURCHASE REQUEST NUMBER: W81G6741795342

0003 4 Each Quarterly Baiting for Rodents

FFP

Service Location: I-Wall and River Wall electrical trays. Onsite Period of Performance: 11/01/2024-10/31/2025 FOB: Destination

MILSTRIP: W81G6741795342

PURCHASE REQUEST NUMBER: W816741795342

0004 12 Months Lower St Anthony Falls Monthly Pest

FFP

Monthly Pest & Rodent control. Service locations: service garage, cold storage, pier houses, and central control station (main building) for rodents & general crawing insects in the interior and exterior. Onsite Period of Performance: 11/01/2024-10/31/2025 FOB: Destination

MILSTRIP: W81G6741795341

PURCHASE REQUEST NUMBER: W81G6741795341

1001 12 Months OPTION Lock & Dam 1 Monthly Pest/Rodent Control

FFP

Service areas: service garage, operator stands, general room, and central control station (main building) for rodents & general crawing insects in the interior and exterior. Onsite Period of Performance: 11/01/2025-10/31/2026 FOB: Destination

1002 6 Bimonthly OPTION Lock & Dam 1 Bimonthly Rodent Control

FFP

Service to be performed on the land wall electrical tray lines. Onsite Period of Performance: 11/01/2025-10/31//2026

1003 4 Each OPTION Quarterly Baiting for Rodents

FFP

Service Location: I-Wall and River Wall electrical trays Onsite Period of Performance: 11/01/2025-10/31/2026

1004 12 Months OPTION Lower St Anthony Falls Monthly Pest

FFP

Monthly Pest & Rodent control. Service locations: service garage, cold storage, pier houses, and central control station (main building) for rodents & general crawing insects in the interior and exterior. Onsite Period of Performance: 11/01/2025-10/31/2026

2001 12 Months OPTION Lock & Dam 1 Monthly Pest/Rodent Control

FFP

Service areas: service garage, operator stands, general room, and central control station (main building) for rodents & general crawing insects in the interior and exterior. Onsite Period of Performance: 11/01/2026-10/31/2027

2002 6 Bimonthly OPTION Lock & Dam 1 Bimonthly Rodent Control

FFP

Service to be performed on the land wall electrical tray lines. Onsite Period of Performance: 11/01/2026-10/31/2027

2003 4 Each OPTION Quarterly Baiting for Rodents

FFP

Service Location: I-Wall and River Wall electrical trays Onsite Period of Performance: 11/01/2026-10/31/2027

2004 12 Months OPTION Lower St Anthony Falls Monthly Pest

FFP

Monthly Pest & Rodent control. Service locations: service garage, cold storage, pier houses, and central control station (main building) for rodents & general crawing insects in the interior and exterior. Onsite Period of Performance: 11/01/2026-10/31/2027

3001 12 Months OPTION Lock & Dam 1 Monthly Pest/Rodent Control

FFP

Service areas: service garage, operator stands, general room, and central control station (main building) for rodents & general crawing insects in the interior and exterior. Onsite Period of Performance: 11/01/2027-10/31/2028

3002 6 Bimonthly OPTION Lock & Dam 1 Bimonthly Rodent Control

FFP

Service to be performed on the land wall electrical tray lines. Onsite Period of Performance: 11/01/2027-10/31/2028

3003 4 Each OPTION Quarterly Baiting for Rodents

FFP

Service Location: I-Wall and River Wall electrical trays. Onsite Period of Performance: 11/01/2027-10/31/2028

3004 12 Months OPTION Lower St Anthony Falls Monthly Pest

FFP

Monthly Pest & Rodent control. Service locations: service garage, cold storage, pier houses, and central control station (main building) for rodents & general crawing insects in the interior and exterior. Onsite Period of Performance: 11/01/2027-10/31/2028

4001 12 Months OPTION Lock & Dam 1 Monthly Pest/Rodent Control

FFP

Service areas: service garage, operator stands, general room, and central control station (main building) for rodents & general crawing insects in the interior and exterior. Onsite Period of Performance: 11/01/2028-10/31/2029

4002 6 Bimonthly OPTION Lock & Dam 1 Bimonthly Rodent Control

FFP

Service to be performed on the land wall electrical tray lines. Onsite Period of Performance: 11/01/2028-10/31/2029

4003 4 Each OPTION Quarterly Baiting for Rodents

FFP

Service Location: I-Wall and River Wall electrical trays. Onsite Period of Performance: 11/01/2028-10/31/2029

4004 12 Months OPTION Lower St Anthony Falls Monthly Pest

FFP

Monthly Pest & Rodent control. Service locations: service garage, cold storage, pier houses, and central control station (main building) for rodents & general crawing insects in the interior and exterior. Onsite Period of Performance: 11/01/2028-10/31/2029

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 1001 Destination Government Destination Government 1002 Destination Government Destination Government

1003 Destination Government Destination Government 1004 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government 4004 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-NOV-2024 TO

31-OCT-2025

N/A LOCK & DAM #1

RICHARD WEITZEL

5000 WEST RIVER PARKWAY

MINNEAPOLIS MN 55417-1681

651-290-5928

966303

0002 POP 01-NOV-2024 TO

31-OCT-2025

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-NOV-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-NOV-2024 TO

N/A LOWER ST. ANTHONY FALLS

RICHARD WEITZEL

1875 WEST RIVER PARKWAY

MINNEAPOLIS MN 55454-1027

965605

1001 POP 01-NOV-2025 TO

31-OCT-2026

N/A LOCK & DAM #1

RICHARD WEITZEL

5000 WEST RIVER PARKWAY

MINNEAPOLIS MN 55417-1681

651-290-5928

1002 POP 01-NOV-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-NOV-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 01-NOV-2025 TO

N/A LOWER ST. ANTHONY FALLS

RICHARD WEITZEL

1875 WEST RIVER PARKWAY

MINNEAPOLIS MN 55454-1027

2001 POP 01-NOV-2026 TO

31-OCT-2027

N/A LOCK & DAM #1

RICHARD WEITZEL

5000 WEST RIVER PARKWAY

MINNEAPOLIS MN 55417-1681

651-290-5928

2002 POP 01-NOV-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 01-NOV-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 01-NOV-2026 TO

N/A LOWER ST. ANTHONY FALLS

RICHARD WEITZEL

1875 WEST RIVER PARKWAY

MINNEAPOLIS MN 55454-1027

3001 POP 01-NOV-2027 TO

31-OCT-2028

N/A LOCK & DAM #1

RICHARD WEITZEL

5000 WEST RIVER PARKWAY

MINNEAPOLIS MN 55417-1681

651-290-5928

3002 POP 01-NOV-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 01-NOV-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 01-NOV-2027 TO

N/A LOWER ST. ANTHONY FALLS

RICHARD WEITZEL

1875 WEST RIVER PARKWAY

MINNEAPOLIS MN 55454-1027

4001 POP 01-NOV-2028 TO

31-OCT-2029

N/A LOCK & DAM #1

RICHARD WEITZEL

5000 WEST RIVER PARKWAY

MINNEAPOLIS MN 55417-1681

651-290-5928

4002 POP 01-NOV-2028 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 01-NOV-2028 TO

N/A (SAME AS PREVIOUS LOCATION)

4004 POP 01-NOV-2028 TO

N/A LOWER ST. ANTHONY FALLS

RICHARD WEITZEL

1875 WEST RIVER PARKWAY

MINNEAPOLIS MN 55454-1027

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 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 52.204-26 Covered Telecommunications Equipment or Services--

Representation.

OCT 2020

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

SEP 2023

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

NOV 2023

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

JAN 2023

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 2023

252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7001 Buy American and Balance of Payments Program FEB 2024 252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

JAN 2023

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Representation

JUN 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region

JUN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JAN 2023

252.244-7000 Subcontracts for Commercial Products or Commercial Services

NOV 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

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.

(End of provision)

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Price

(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).

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024) ALTERNATE I (FEB 2024)

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.

"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

"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 (SDVOSB) concern" means a small business concern--

(1)(i) Not less than 51 percent of which is owned and controlled 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; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, 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), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

"Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program" means an SDVOSB concern that--

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

"Service-disabled veteran-owned small business (SDVOSB) Program" means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

"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.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13

CFR 121.103.

"Small disadvantaged business concern, consistent with 13 CFR 124.1001", 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 the threshold at 13 CFR 124.104(c)(2) 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.

"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.

"Veteran-owned small business concern" means a small business concern--

(1) Not less than 51 percent of which is owned and controlled 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 4.1201), except for paragraphs ___

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of…