W912HN24Q5010 Solicitation.pdf

W912HN24Q5010

Section A - Solicitation/Contract Form

COMBINED SYNOPSIS/SOLICITATION

This notice is being posted as an avenue to provide Request for Quotes, W912HN24Q5010.

This is a combined synopsis/solicitation for commercial services in accordance with the format in FAR Subpart 12.6 as supplemented with additional information in this notice. THIS

ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION: QUOTES ARE BEING

REQUESTED AND A WRITTEN SOLICTATION WILL NOT BE ISSUED. This will be solicited as a 100% Small Business set-aside. The NAICS Code is 336612 with a size standard of 1000 employees. This solicitation document incorporates provisions and clauses in effect through Federal Acquisition Circular 2024-05.

Title of Requirement: Richard B. Russell Project Invasive and Nuisance Plant Control FY2024

Description of Requirement: The contractor shall furnish all labor, equipment, materials, compounds and tools to provide invasive and nuisance plant control for terrestrial and aquatic vegetation control through chemical and mechanical methods.

Submission Requirements: Fill out page 3 and pages 5-18. In addition to the technical acceptability and past performance requirements as stated in the paragraphs below under Basis for Award. Quotes should be emailed to Amy.L.Collins@usace.army.mil by 20 18 June 2024 at

11:00 a.m. Eastern Time with a copy to Glenda A. Canty at Glenda.A.Canty@usace.army.mil.

Basis for Award: The award will be made to the lowest priced, responsible, responsive quote, that meets or exceeds the product specifications. This is in accordance with Federal Acquisition

Regulation (FAR) 52.212-2, Evaluation – Commercial Products and Commercial Services, and

FAR 9.104.

Technical acceptability will be determined on the basis of: Past Performance, Proof of Licensure and evidence of ability to perform terrestrial and aquatic herbicide application. The entity applying herbicide shall be licensed and certified for commercial herbicide application as required by applicable regulatory agencies. Failure to provide proof of licensure or certification with the quote submission by the quote due date and time will render the quote as non-responsive and it will not be considered for award. The Offeror must also demonstrate ability to perform terrestrial and aquatic application of herbicide. The award will be made to the lowest priced offeror who is deemed technically acceptable.

Past Performance information shall demonstrate recent (within the last 5 years) and relevant past performance for one (1) project in which the contractor has successfully executed services similar in scope to that of the statement of work and which demonstrates the capability to provide these services. Past Performance information shall not exceed 1 page in length and shall include customer reference Point of Contact information to include the name, title email address and phone number of the customer reference Point of Contact.

mailto:Glenda.A.Canty@usace.army.mil

Please note that the 1 page limitation for the Past Performance information does not include

Proof of Licensure and evidence of ability to perform terrestrial and aquatic herbicide application. The additional technical information may be submitted in a separate document, and this information shall not exceed more than 2 pages in length.

Submissions may be submitted via PDF format. Any submission not conforming to the above requirements will not be considered.

The Government reserves the right to cancel this solicitation.

REQUEST FOR QUOTE (RFQ)

US Army Corps of Engineers – Savannah District

POC: Amy Collins

Phone: (912) 652-5505

Email: amy.l.collins@usace.army.mil

QUOTES DUE BY: 11:00 am (ET) on 20 18 June 2024

CONTRACTOR: ______________________________________________________

UNIQUE ENTITY ID: _________________________________________________

CAGE CODE: ________________________________________________________

TAX ID NO.: _________________________________________________________

E-MAIL: ____________________________________________________________

PHONE NO.: ________________________________________________________

DATE OF QUOTE: ____________________________________________________

QUOTE PREPARED AND CERTIFIED BY:

(Printed Name and Title)

NOTES TO OFFEROR

Note 1: Quotes shall meet the specifications in the Statement of Work to be eligible for an award. PARTIES INTERESTED IN RESPONDING TO THIS RFQ may submit their Quote in accordance with standard commercial practice (i.e. Quote form, letterhead, etc.) and MUST INCLUDE THE FOLLOWING INFORMATION: Solicitation number;

offeror's complete mailing and remittance addresses; discount terms, UEI number, and Tax Identification Number. Any prospective awardee shall be registered and active in the SAM database prior to any award of a contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. Offerors may obtain information on registration and annual confirmation requirements via the Internet at http://www.acquisition.gov or by calling 866-606-8220.

Note 2: All questions are to be directed no later than 11:00 a.m. Eastern time 4 business days prior to quote due date to Amy L. Collins at Amy.L.Collins@usace.army.mil. Please courtesy copy Glenda A. Canty at Glenda.A.Canty@usace.army.mil.

Note 3: The Taxpayer Identification Number may be used by the Government to collect and report on any delinquent amounts arising out of the contractor’s relationship with the Government.

Note 4: This acquisition will utilize Simplified Acquisition Procedures pursuant to FAR

13. Quotes must be submitted via the Procurement Integrated Enterprise Environment.

NOTE: 5. SCHEDULE B INSTRUCTIONS: Include a unit price and a total for each Item No.

mailto:Amy.L.Collins@usace.army.mil mailto:Glenda.A.Canty@usace.army.mil

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

BASE YR-RBR HERBICIDE TREATMENT____FFP

THIS CLIN IS FOR INFO ONLY. DO NOT FILL OUT. PLEASE USE

SUBCLINS BELOW.

NET AMT

0001AA 55 Acre

BASE GLYPHOSATE SPRAY ____FFP

FOB: Destination

PSC CD: S208

0001AB 30 Acre

BASE SULFOSULFURON SPRAY____FFP

0001AC 20 Acre

BASE 2,4-D SPRAY______FFP

0001AD 20 Acre

BASE TRICLOPYR SPRAY_______FFP

0001AE 3.50 Acre

BASE IMAZAPYR SPRAY_____FFP

0001AF 20 Acre

BASE MECHNICAL REMOVAL________FFP

OPTION OY1 RBR HERBICIDE TREATMENT______FFP

THIS CLIN IS FOR INFO ONLY. DO NOT FILL OUT PLEASE USE

SUBCLINS BELOW

0002AA 55 Acre

OPTION OY1 GLYPHOSATE SPRAY______FFP

0002AB 30 Acre

OPTION OY1 SULFOSULFURON SPRAY_____FFP

0002AC 20 Acre

OPTION OY1 2, 4-D SPRAY______FFP

0002AD 20 Acre

OPTION OY1 TRICLOPYR SPRAY_____FFP

0002AE 3.50 Acre

OPTION OY1 IMAZAPYR SPRAY_______FFP

0002AF 20 Acre

OPTION OY1 MECHNICAL REMOVAL______FFP

OPTION OY2 RBR HERBICIDE TREATMENT_______FFP

THIS CLIN IS FOR INFOR ONLY. DO NOT FILL OUT. PLEASE USE

0003AA 55 Acre

OPTION OY2 GLYPHOSATE SPRAY____FFP

0003AB 30 Acre

OPTION OY2 SULFOSULFURON SPRAY______FFP

0003AC 20 Acre

OPTION OY2 2, 4-D SPRAY____FFP

0003AD 20 Acre

OPTION OY2 TRICLOPYR SPRAY______FFP

0003AE 3.50 Acre

OPTION OY2 IMAZAPYR SPRAY______FFP

0003AF 20 Acre

OPTION OY2 MECHNICAL REMOVAL_____FFP

OPTION OY 3 RBR FY HERBICIDE TREATMENT______FFP

THIS CLIN IS FORM INFO ONLY. DO NOT FILL OUT. PLEASE USE

0004AA 55 Acre

OPTION OY3 GLYPHOSATE SPRAY_____FFP

0004AB 30 Acre

OPTION OY3 SULFOSULFURON SPRAY_____FFP

0004AC 20 Acre

OPTION OY3 2, 4-D SPRAY_____FFP

0004AD 20 Acre

OPTION OY3 TRICLOPYR SPRAY_______FFP

0004AE 3.50 Acre

OPTION OY3 IMAZAPYR SPRAY_______FFP

0004AF 20 Acre

OPTION OY3 MECHNICAL REMOVAL______FFP

OPTION OY4 RBR HERBICIDE TREATMENT________FFP

THIS CLIN IS FOR INFO ONLY. DO NOT FILL OUT. PLEASE USE

0005AA 55 Acre

OPTION OY4 GLYPHOSATE SPRAY______FFP

0005AB 30 Acre

OPTION OY4 SULFOSULFURON SPRAY_____FFP

0005AC 20 Acre

OPTION OY4 2, 4-D SPRAYFFP

0005AD 20 Acre

OPTION OY4 TRICLOPYR SPRAY______FFP

0005AE 3.50 Acre

OPTION OY4 IMAZAPYR SPRAY______FFP

0005AF 20 Acre

OY4 MECHNICAL REMOVAL______FFP

Section C - Descriptions and Specifications

RICHARD B. RUSSELL PROJECT

INVASIVE and NUISANCE PLANT CONTROL FY 2024

SCOPE OF WORK

1. General Information

The contractor shall furnish all labor, equipment, materials, compounds and tools to provide invasive and nuisance plant control for terrestrial and aquatic vegetation control through chemical and mechanical methods. Plant control will be conducted for specified areas are at the

US Army Corps of Engineers Richard B. Russell Project in Elbert County, GA and Abbeville

County, SC. The period of service will be from 28 June 2024 until 31 December 2028.

Nuisance plants will be controlled in various areas that may require different control techniques including (but not necessarily limited to) spot application of herbicides, broadcast application of herbicides over large areas, aquatic application and mechanical removal of vegetation.

Application of glyphosate-based herbicide, triclopyr-based herbicide, and Monsanto Outrider

(or equivalent) will be required by the contractor. Types of areas that will require nuisance vegetation control include: riprapped areas, walkways / trails, graveled parking and other areas, graveled and paved roads, fences, fields, drainage ditches, and other areas specified herein.

2. Methods of Control

a. Initial application for base and options of herbicides will be done during the growing season.

It should be applied between 01 April and 01 May. Inspection and treatment of nuisance vegetation shall be performed at least monthly after the initial application and end October 16.

The contractor shall apply appropriate herbicides(s) as often as necessary to achieve control of nuisance weeds and plants.

b. A glyphosate based herbicide (Roundup or similar) of sufficient strength and formulation to kill all vegetation growing in treatment areas shall be used in most areas with the exception of johnsongrass control areas and in areas where predominantly woody or broadleaf vegetation control is desired. Johnsongrass control areas shall be treated with Monsanto Outrider or equivalent as early as 1 April based on seed head stage determined by the COR. In areas where predominately woody or broadleaf vegetation control is desired, a triclopyr-based herbicide

(Garlon or similar) may be used. Approval to use different herbicides may be granted by the

COR on a case-by-case basis for certain areas for the purpose of more effective vegetation control.

c. The following areas shall be treated for nuisance vegetation control. The desired methods of control are listed. Any substantial deviation from these methods shall require approval of the

COR. Approximate measurements of these areas can be found on the attached maps. Note that all areas, lengths, and other measurements listed are estimated by using satellite photos and are not exact. The contractor may visit the areas by appointment prior to bidding to verify measurements and requirements.

• Chain link fence maintenance will be accomplished by herbicide application and/or weed eating two feet on each side of the fence and by removing any vegetation from the fence.

• All paved (concrete or asphalt) areas including roads, parking areas, and sidewalks shall be kept free of vegetation by spot treating with herbicide any vegetation growing in the cracks and seams as needed or by mechanical removal of the entire plant, including root structure.

• Ditches along the earthen embankments shall be spot treated with herbicide as necessary to kill all vegetation growing within them.

• Rip rap, graveled areas (including walkways, roadways, parking areas, and the area around the PMO solar panels), and maintained trails (whether graveled or not) will be treated by spot spraying or broadcast spraying with herbicide all vegetation growing in these areas as needed. Note that most of the rip rapped areas will need very little herbicide treatment, but some areas along the interpretive nature trail and most of the gravel roads will probably necessitate broadcast treatment with herbicide due to the amount of vegetation growing on them.

• In the dam safety / other areas, woody vegetation is the primary concern. In some of these areas, at the direction of the COR, it may be desirable to leave grassy vegetation for erosion control, so spot treatment by a triclopyr-based herbicide may be necessary. These areas may also have nuisance trees that will need to be cut down and stump treated.

• In fields identified specifically for johnsongrass control, other wildlife crops may be growing also. Herbicide may be applied over the existing crop. Monsanto Outrider (or equivalent) shall be applied to areas in the specified fields that contain actively growing johnsongrass. Application will be made when johnsongrass is at least 18-24 inches in height but before the heading stage. The specific date will be determined by coordination between the contractor and the government. The Outrider herbicide shall be sprayed per industry specifications and of sufficient strength and formulation (including proper mixing with a nonionic surfactant) to kill johnsongrass. Fields identified in the included maps may not need to be treated in their entirety for johnsongrass, as some of them do not have johnsongrass growing throughout the entire field area; however, up to 2 additional acres of areas not identified in the included maps may be identified for johnsongrass treatment with Outrider by the government after the award of the contract.

Johnsongrass control areas will need only an initial treatment as long as successful control of johnsongrass is achieved. If a follow-up treatment is needed, it will be made no sooner than 40 days after the initial treatment and shall be made only after coordination with the government.

• The ~ 5 acre dove field near Waterfowl Drive, the ~7 acre dove field in the waterfowl management area, and the ~15 acre dove field at Middleton are identified in the attached maps for johnsongrass control will be planted in wheat. Any wheat that is not killed by the application of Outrider for the purpose of johnsongrass control will need to be treated once at a later date with a glyphosate-based herbicide at a time directed by the COR to insure that the wheat is killed and dry in time to burn before dove season.

• ~ 3 acres of aquatic weeds (Alligator Weed, Parrot Feather) will be treated in the lower duck pond area and beaver ponds.

• Up to 6 additional acres of other areas not identified in the enclosed maps may be designated by the COR for general herbicide treatment by a glyphosate-based or triclopyr-based herbicides after the award of the contract if needed.

Certifications, Safety, and Reporting Requirements

a. Any person applying herbicide shall be licensed and certified for commercial herbicide application as required by applicable regulatory agencies. All work shall be in accordance with industry standards and all appropriate Federal, State, and local laws and regulations and with the

U.S. Army Corps of Engineers “Safety and Health Requirements Manuals”, EM 385-1-1, available online at http://140.194.76.129/publications/eng-manuals/em385-1-

1/2008_English/toc.html. Hard copies of EM 385-1-1 are available at the Project Manager’s

Office.

b. The contractor shall provide MSDS sheets for all chemicals used on the project prior to their application. The contractor shall complete and submit a post-application document after each application that includes but is not limited to the following information: date of application, name of person applying herbicide, location of application, method of application, type or types of herbicide used, total volume of herbicide applied, amount of active ingredient applied, and pertinent weather information (wind, rain, etc.). This document shall be given to the COR or his representative no more than 7 days after the day of application.

4. Compensation and Bidding

a. No payment shall be made by the government until all the contractor’s work has been inspected and approved by the COR or Corps quality assurance personnel. Work will be inspected periodically, and the contractor will be advised as soon as possible of any deficiencies found. Upon being advised of a deficiency, the contractor shall take immediate action to correct the deficiency at no cost to the government and insure that the deficiency does not recur, however, the contractor is responsible for satisfactory performance of all work and the inspection thereof and neither the presence nor absence of a Government inspector will relieve the contractor of any requirements of the contract.

b. The bid price shall be full compensation for performance of all work specified herein. The government, at its sole discretion, may award option years for continuation of the contract to complete additional herbicide treatment to designated areas; however, potential contractors should take note that option years beyond the base year of the contract are at the sole discretion of the government and are not guaranteed. Bidders, therefore, should bid accordingly. Any questions regarding requirements in the scope of work should be addressed prior to bidding.

Questions regarding the scope of work should be directed to Glenn Kowalski at 706-213-3402 or to Zack Baldwin at 706-213-3407. Potential bidders are encouraged to visit the site prior to bidding and may do so by appointment.

5. Period of Service

The contractor shall complete the required work with respective period of performances:

Base Year (28 June 2024 – 31 December 2024): 120 calendar days of the award date of the contract

Option Year 1 (01 January – 31 December 2025): 120 calendar days from the date of option execution modification.

Option Year 2 (01 January – 31 December 2026): 120 calendar days from the date of option execution modification.

Option Year 3 (01 January – 31 December 2027): 120 calendar days from the date of option execution modification.

Option Year 4 (01 January – 31 December 2028): 120 calendar days from the date of option execution modification.

The Contracting Officer may allow the contractor an extension based upon extraordinarily long periods of bad weather or other unforeseen circumstances; however, this will be at the sole discretion of the Contracting Officer. The contractor shall render the services described in paragraph 1, continuously or intermittently, until completion of work described. The contractor will notify COR of schedule of work that is not continuous.

6. Access to Certain Areas

a. The contractor shall not enter the fenced area of the switchyard and O2 Plant without someone from the Powerplant being with him/her to provide safety and security instructions. Any specific safety or security instructions shall always be followed. The contractor may also have to be escorted by Corps personnel in other areas at times due to current security or safety concerns.

Some areas requiring treatment are in areas closed to the public and are behind locked fences or gates. The contractor should coordinate with the COR or his representative at least 24 hours prior to needing access to these areas.

-For contractors who do not require CAC but require access to a DoD facility or installation. Proposed language: Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center

Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army

Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

-Pre-screen candidates using E-Verify Program. Proposed language: "The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the

Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible

Candidates must be provided to the COR no later than 3 business days after the initial contract award." *When contracts are with individuals, the individuals will be required to complete a

Form I-9, Employment Eligibility Verification, with the designated Government representative.

This Form will be provided to the Contracting Officer and shall become part of the official contract file.

http://www.uscis.gov/e-verify)

b. The COR, at his sole discretion, may allow a key to be temporarily issued to the contractor for access to some areas. If the contractor is issued a key, it must be returned upon request or at the end of the contract performance period. The contractor shall notify the COR within 24 hours after discovery that the key is lost, stolen, or missing. If the contractor cannot return this key due to loss, theft, or any other reason, a $50.00 deduction may be made from contract payment to help offset the government’s cost of rekeying.

7. Other Contract Specifications

a. The contractor shall meet with the COR or technical point of contact prior to commencement of the work periodically thereafter to discuss the performance requirements, administration, and progress of the contract. The frequency and timing of these meetings shall be determined by the

COR. These meetings are part of the contract specifications; therefore, the bid price of the contract shall be considered full compensation to the contractor for attendance to these meetings.

The COR shall give at least 24 hours notice prior to requiring the contractor to meet.

b. Work will be inspected periodically by the COR or his delegated quality assurance inspector and the contractor will be advised as soon as possible of any deficiencies found. Upon being advised of a deficiency, the contractor shall take immediate action to correct the deficiency at no cost to the government and insure that the deficiency does not recur, however, the contractor is responsible for satisfactory performance of all work and the inspection thereof and neither the presence nor absence of a Government inspector will relieve the contractor of any requirements of the contract.

c. Work performed as prescribed by these specifications shall be paid for as a lump sum price bid for the completion of the contract. Upon completion of the contract, the contractor shall notify the COR that work is completed and shall submit an invoice. Upon approval of work by the

COR, requests for payment will be processed. This price shall be full compensation for performance of all work specified herein.

d. The Contractor will be responsible for all damages to public property or private property, including but not limited to unintended damage to non-targeted vegetation that is caused by the work described. Care should be taken to avoid spraying herbicides on windy days.

e. The contractor shall clean up the job site and shall remove all trash and debris resulting from the work. No contractor equipment or materials shall be stored overnight on government property without prior consent from the COR. Any accidental spills of herbicides or other hazardous materials on government property shall be immediately reported to the COR and to the Richard B. Russell Project Environmental Compliance Coordinator (ECC). The contractor shall be responsible for the proper cleanup and any associated costs or damages from spills of herbicide or other hazardous materials on government property.

8. Performance Requirements Summary

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective

The contractor shall provide chemical and mechanical control of invasive and nuisance plants at the US Army

Corps of Engineers

Richard B. Russell

Project.

Standard

The contractor shall provide effective herbicide control in order to achieve a kill rate of 90% or greater, 20 days after treatment.

Performance Threshold Maximum error rate of 10% after 20 days of treatment.

Method of Surveillance

The government shall perform unscheduled inspection of 25% to 100% of the areas included in the contract to ensure that nuisance vegetation is adequately controlled by herbicide and mechanical methods.

8. Maps

The following maps show areas for treatment and approximate measurements of these areas. All areas, lengths, and other measurements listed are estimated by using satellite photos and are not exact. The contractor may visit the areas by appointment prior to bidding to verify measurements and requirements.

See the attached maps.

9. Wage Determinations: The contractor must adhere to all applicable SCA Wage

Determinations. The following wage determinations are applicable and can be found at www.sam.gov.

Wage Determination No. 2015- 4499 Rev 25 dated Apr 17, 2024

Wage Determination No. 2015-4451 Rev 26 dated Apr 16, 2024 http://www.sam.gov/

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0001AA POP 28-JUN-2024 TO

31-DEC-2024

N/A SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE

SCHEDULE GA 99999

999-999-9999

W912HN

0001AB POP 28-JUN-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0001AC POP 28-JUN-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0001AD POP 28-JUN-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0001AE POP 28-JUN-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0001AF POP 28-JUN-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0002 N/A N/A N/A N/A

0002AA POP 01-JAN-2025 TO

31-DEC-2025

N/A SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE

SCHEDULE GA 99999

999-999-9999

0002AB POP 01-JAN-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

0002AC POP 01-JAN-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

0002AD POP 01-JAN-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

0002AE N/A N/A N/A N/A

0002AF POP 01-JAN-2025 TO

N/A SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE

SCHEDULE GA 99999

999-999-9999

0003 N/A N/A N/A N/A

0003AA POP 01-JAN-2026 TO

31-DEC-2026

N/A SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE

SCHEDULE GA 99999

999-999-9999

0003AB POP 01-JAN-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

0003AC POP 01-JAN-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

0003AD POP 01-JAN-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

0003AE POP 01-JAN-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

0003AF POP 01-JAN-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 N/A N/A N/A N/A

0004AA POP 01-JAN-2027 TO

31-DEC-2027

N/A SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE

SCHEDULE GA 99999

999-999-9999

0004AB POP 01-JAN-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

0004AC POP 01-JAN-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

0004AD POP 01-JAN-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

0004AE POP 01-JAN-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

0004AF POP 01-JAN-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 N/A N/A N/A N/A

0005AA POP 01-JAN-2028 TO

31-DEC-2028

N/A SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE

SCHEDULE GA 99999

999-999-9999

0005AB POP 01-JAN-2028 TO

N/A (SAME AS PREVIOUS LOCATION)

0005AC POP 01-JAN-2028 TO

N/A (SAME AS PREVIOUS LOCATION)

0005AD POP 01-JAN-2028 TO

N/A (SAME AS PREVIOUS LOCATION)

0005AE POP 01-JAN-2028 TO

N/A (SAME AS PREVIOUS LOCATION)

0005AF POP 01-JAN-2028 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.247-34 F.O.B. Destination NOV 1991

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab Covered

Entities

DEC 2023

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020

52.222-3 Convict Labor JUN 2003

52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-26 Equal Opportunity SEP 2016

52.222-41 Service Contract Labor Standards AUG 2018

52.222-50 Combating Trafficking in Persons NOV 2021

52.223-3 Hazardous Material Identification And Material Safety Data FEB 2021

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-6 Drug-Free Workplace MAY 2001

52.223-10 Waste Reduction Program MAY 2011

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

JAN 2023

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation

(FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on

Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award

Management, or 52.232-34, Payment by Electronic

Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of

Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any

United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the

Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate

EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the

Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer

(see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The

Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the

Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to

Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Reserved.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.

1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any

Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

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

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2023)

ALTERNATE II (DEC 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and

10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19

U.S.C. 3805 note)).

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

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV

2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

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

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN

2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment

Act of 2009.)

___ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see

FAR 3.900(a).

___ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.

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

___ (6) [Reserved]

___ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub.

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

X (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of

Pub. L. 117-328).

___ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders--Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115-390, title II).

___ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L.

115-390, title II).

___ (ii) Alternate I (DEC 2023) of 52.204-30.

X (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

___ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41

U.S.C. 2313).

____ (14) [Reserved]

____ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

____ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (17) [Reserved]

X (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

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

____ (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

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

X (20) 52.219-8, Utilization of Small Business Concerns (SEP 2023) (15 U.S.C. 637(d)(2) and (3)).

____ (21)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).

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

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

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

____ (v) Alternate IV (SEP 2023) of 52.219-9.

____ (22) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

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

____ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

____ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C.

657f).

X (26) (i) 52.219-28, Post-Award Small Business…