W912QR23Q0108.pdf

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Buckhorn Lake Boundary Marking
Solicitation number
W912QR23Q0108
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This is a request for quote (RFQ) from the Department of the Army Corps of Engineers Engineering District Louisville for boundary marking services at Buckhorn Lake in Kentucky. The contractor will be required to mark trees with paint, place sleeves on posts, and document issues along 17 miles of established boundary line under a firm fixed price contract set aside for small business. There is an option to mark an additional 9 miles. The contractor must visit the site, use provided materials, and submit documentation and certifications. The period of performance is 90 days after award through April 1, 2024.

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SEE ADDENDUM

(No Collect Calls)

W912QR23Q0108 16-Aug-2023

b. TELEPHONE NUMBER

502.315.7494

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 31 Aug 2023

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.

W912QR9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MATTHEW P JUDD

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

W22W9K32204139

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

U. S. ARMY ENGINEER DISTRICT, LOUISVILLE

600 DR. MARTIN LUTHER KING, JR. PLACE

ROOM 821

LOUISVILLE KY 40202-2239

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: 502.315.7494 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$19,000,000

NAICS:

541370

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 OF62

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.

W912QR23Q0108

SPECIAL INSTRUCTIONS

This Request for Quote (RFQ) is for the contractor to provide all labor, equipment, and materials to mark trees, place sleeves on studded T-fence posts, and document issues on an already established government fee line at Buckhorn Lake, KY. These services shall be performed in strict accordance with these specifications and exhibits, and all other terms, conditions, clauses, and provisions contained herein or incorporated by reference. This includes all mandatory provisions of the Federal Acquisition Regulation (FAR), whether referenced or not, current at time of award in accordance with the attached Performance Work Statement.

One award will be made from this RFQ. The contract type will be Firm Fixed Price.

This procurement is to be 100% set-aside for Small Business, NAICS 541730 ($19M).

Location:

United States Corps of Engineers Buckhorn Lake 804 Buckhorn Dam Road Buckhorn, KY 41721

Method of Payment under this contract will be Electronic Funds Transfer (EFT) to a commercial bank account specified by the Contractor.

The contract award will be based on Lowest Price to the Government.

The Corps of Engineers reserves the right to cancel all, or part of the work described in this Request for Quote if costs exceed anticipated funding.

Offerors shall submit any questions regarding this solicitation in writing to matthew.p.judd@usace.army.mil no later than 11:00 AM Eastern Time (ET) on 22 August 2023, in order to allow a written response prior to the quote due date. No remarks or written responses to questions by government personnel will change the terms or conditions of this RFQ. The RFQ will only be changed by a formal written amendment.

Offerors are encouraged to present their best prices in their initial quote submission. Quotes shall be submitted prior to the closing date and time identified on SF 1449 block eight (8), to the Contract Specialist via email at matthew.p.judd@usace.army.mil. Offeror’s quote shall remain valid for a period of 60 days after the closing date and time identified on SF 1449 block eight (8). Electronic submissions via facsimile will not be accepted.

The scope of work only contains approximate measurements for reference. It is strongly recommended that each interested contractor visit the job site prior to submitting a quote. The Contractor is responsible for quantities, materials, critical dimensions, and work conditions used to calculate a proposal. Kelly Dewayne Shouse may be contacted at (606) 398-7251 to schedule a site visit.

**ALERT: All contractors must be registered in the System for Award Management (www.SAM.gov) prior to contractors submission. All proposed contractors are highly encouraged to review FAR Clause 52.232-33 Payments by Electronic Funds Transfer – System for Award Management, which indicates “All payments by the Government under this contract shall be made by electronic funds transfer (EFT).”

Those not currently registered can obtain registration by going to the website http://www.SAM.gov. SAM is completely free of charge for both registrants and users.

Note: Page numbering in this document may not be accurate.

REPRESENTATIONS AND CERTIFICATIONS

COMPANY NAME AND ADDRESS: _________________________________________

PHONE NUMBER: __________________________________________

EMAIL ADDRESS: __________________________________________

BUSINESS SIZE (select one or more as applicable):

Large Business ____ Small Business ____ HUBZone ____ 8(a) ____ Women-Owned Small Business ____ Economically Disadvantaged Women-Owned Small Business ____ Service-Disabled Veteran-Owned ____

CURRENTLY REGISTERED WITH SYSTEM FOR AWARD MANAGEMENT (SAM): YES ____ NO ____

(Note: See FAR 52.204-7)

TAX IDENTIFICATION NUMBER (TIN): ____________

UNIQUE ENTITY IDENTIFIER: ____________

(Note: See FAR 52.204-7. The Unique Entity Identifier is a 12 character alphanumeric code.)

CAGE CODE: ________

(Note: See FAR 52.204-7)

PRICE BREAKOUT SCHEDULE

CLIN No. Description Unit

Quantity Unit Price Amount

Mark trees with paint, inspect, and place missing sleeves on fence posts, along the government fee line at Buckhorn Lake.

Mile 17

0002 (Option) Mark trees with paint, inspect, and place missing sleeves on fence posts, along the government fee line at Buckhorn Lake.

Mile 9

Total:

Performance Work Statement Boundary Line Maintenance

U.S. Army Corps of Engineers Buckhorn Lake

804 Buckhorn Dam Road Buckhorn, KY 41721 Phone: 606-398-7251

Point of contact: Dewayne Shouse

TP-1.1 GENERAL:

1. Description. The contractor shall furnish all materials, supplies, tools, equipment, labor, supervision, communication, and quality control to complete the work listed in Section “TP-3.1 GENERAL SPECIFICATIONS” below. All work will take place at Buckhorn Lake in Leslie County, Kentucky.

2. Terms. Work shall be provided in accordance with all Terms, Conditions, General, Specific and Technical Provision, Maps, etc. contained herein or incorporated by Reference. This includes all mandatory provisions of the Federal Acquisition Regulation (FAR), current at time of award.

3. Contractor Responsibility. Contractor’s work and responsibility shall include, but are not limited to supply of equipment/materials, all planning, programming, administration, management, supervision, and inspection required to assure all equipment/materials are acquired and services are conducted in accordance with the contract and all applicable laws, regulations, or directives. The Contractor shall ensure all work meets or exceeds specifications.

The prime Contractor shall be responsible for ensuring all subcontractors comply with the provisions of this contract.

4. Performance Required. Special consideration of the Contractor is directed to the fact that the required accuracy, thoroughness, safety, and progress of this work are essential to the intended purpose. The contractor must be cognizant of the difficulties involved and of the contingencies which may arise, and must make certain that their personnel, equipment, transportation facilities and supply of materials are adequate at all times to ensure complete compliance with all provisions of these specifications. The work shall be done under supervision by competent employees. All contract services shall be in accordance with the submitted documents, and any additions, revisions or deletions must be approved by the Contracting Officer.

5. Completion of Work. Completion of work shall include acceptable performance of all aspects of this contract.

6. Compliance and Certifications: The contractor is responsible for obtaining any permits, conducting any tests or inspections, and paying any associated fees necessary to complete work as specified herein. The work shall be accomplished in accordance with all local, state, and federal laws and regulations including but not limited to Occupational Safety and Health Administration (OSHA) and all applicable codes. The Contractor’s work and responsibility shall include all planning, measurements and estimates of quantities, administration, supervision, communications and inspections necessary to assure that all services are conducted in accordance with the contract requirements and all applicable Federal, state, and local laws and regulations.

7. Pre-Work Conference. The contractor will be required to attend a pre-work conference at least one week prior to beginning work, during which time the Contractor shall supply the Technical Point of Contact (TPOC) with an Accident Prevention Plan (APP) and Activity Hazard Analysis (AHA), in accordance with EM385-1-1 (latest edition) covering the contractor’s plan of work procedures, safety procedures, security, schedule, and equipment.

This manual will be available on the Internet at:

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

The Contractor shall supply material submittals as listed in TP 3.1-1 that will be used for this project, which must be approved by the TPOC prior to start of work.

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

8. Damages. The contractor shall be responsible for all damages to government or private property resulting from negligent operations during the course of this contract. The contractor shall have appropriate insurance to cover liability and damages. The contractor shall be responsible for compensating the government for any damage to government property and/or restoring and replacing in kind any such existing property damaged or destroyed by the Contractor through faulty handling as the Technical Point of Contact (TPOC) directs, at no expense to the Government.

9. Hours and Days of Work. Construction work may be conducted between 0630 and 1600, Monday through Friday. No work shall be performed outside of these times, on Saturday or Sunday, or on federal Holidays, unless approved by the TPOC.

New Year's Day (January 1st) Martin Luther King Day (3rd Monday in January) President's Day (3rd Monday in February) Memorial Day (Last Monday in May) Juneteenth (June 19th) Independence Day (July 4th) Labor Day (1st Monday in September) Columbus Day (2nd Monday in October) Veterans Day (November 11th) Thanksgiving Day (4th Thursday in November) Christmas Day (December 25th)

10. Payment Procedure/Additional Work. At no time should the contractor do additional work without prior authorization of the Contracting Officer, and no work shall be performed that will cause the Contractor to exceed the contract price. Work performed without a binding contract document authorizing such work shall result in the Contractor not being paid for that work performed. During the course of the contract, any additional work determined to be needed may be requested by the TPOC to the Contracting Officer for a Contract Modification.

11. Contract Start and Completion Dates. Completion of work shall begin no later than 90 calendar days after award and must be completed no later than 1 April 2024. (NOTE: No boundary line work will be conducted during Kentucky’s annual muzzleloader (October 14-15, 2023, October 21-22, 2023 and December 9 -17, 2023), free youth weekend (December 30-31, 2023), or Modern Gun (November 11-26, 2022) deer hunting season.

12. TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER. In order for the Contracting Officer to award a time extension due to an excusable delay, the following conditions must be satisfied.

a. The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

b. The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the Contractor.

Upon acknowledgment of the award and continuing throughout the contract, the Contractor will record on the daily Contractor Quality Control (CQC) report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the Contractor's scheduled work day. The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated listed above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification.

13. Wage Rates: Department of Labor wage rates apply to this work and are included. The contractor is required to provide payroll documents for all work performed under this contract.

14. Material, Equipment, Supplies Protection. The Contractor shall, at all times prior to delivery, take care to protect and preserve all materials, supplies, and equipment of every description (including material and property which may be Government owned) and all work performed. All reasonable requests of the Contracting Officer or his/her authorized representative to enclose or specially protect such property shall be complied with. If so determined by the Contracting Officer, material, equipment, supplies, and work performed are not adequately protected by the Contractor, such property may be protected by the Government and the cost thereof may be charged to the Contractor or deducted from any payment due to them. This work will take place in a public use area.

The contractor is responsible for the security of any equipment left on the job site. The contractor shall provide for the safety of the public through housekeeping, signage, and adequate designation of treatment zones.

15. Communication. The Contractor will notify the Contracting Officer or TPOC, upon commencement of work activities, and difficulties, interruption, or suspension of work, and when the required work has been completed. The Contractor shall update the Contracting Officer, or TPOC, no less than once weekly on status of work being done.

Work will commence when an award has been issued from the Contracting Officer and TPOC notified.

16. SITE VISIT. The Performance Work Statement only contains approximate measurements for reference. Each offeror should visit the job site and assume responsibility for quantities, materials, critical dimensions and work conditions used to calculate a quote. Interested bidders should contact the TPOC to schedule a site visit. The TPOC’s contact information is as follows:

Kelly Dewayne Shouse USACE, Louisville District Buckhorn Lake 804 Buckhorn Dam Road Buckhorn, KY 41721 Phone: 606-398-7251

17. Utilities. The contractor may utilize Government furnished utilities (water and electricity) to undertake work under this contract.

TP-1.2 CONTRACTOR SUBMITTAL. Unless otherwise specified, the Contractor shall submit the following information to the TPOC prior to the pre-work conference for this contract:

1. Safety Plans. The Contractor shall submit, for acceptance by the TPOC, an Accident Prevention Plan and Activity Hazard Analysis (AHA) of each task of the job performance required in accordance with the requirements of the Corps of Engineer’s Safety and Health Requirements Manual, EM 385-1-1, hereinafter referred to as the Safety Manual, current at the time of award.

2. Certification of Employees Qualified to Administer First Aid and CPR. The Contractor shall submit proof the appropriate number of employees, as required in the Safety Manual, are certified to administer First Aid and CPR.

3. Certificate of Insurance. The Contractor shall, at their own expense, provide and maintain during the entire performance of this contract the following Insurance Type: General Liability (Bodily Injury and Property Damage Combined) Minimum Amounts of Liability, $1,000,000.00 Each Occurrence, $1,000,000.00 Aggregate. The contractor is required to provide a Certificate of Insurance to the TPOC at the time of the Pre-Work Conference.

TP-1.4 ACCIDENT REPORTING. The Contractor is responsible for reporting all accidents to the TPOC immediately. Prompt action shall be taken to ensure immediate and appropriate medical treatment. The Contractor shall maintain an accurate record of any accidents in the manner and on the forms prescribed by the TPOC. For property damage accidents of $2,000 or more, the Contractor shall complete and submit to the TPOC a copy of ENG Form 3394 (see Exhibit D). The Contractor shall maintain an OSHA 300 Log of On The Job injuries and first aid treatments.

TP-1.5 DAMAGE REPORTS. All instances where Government materials, supplies, property, and/or equipment are damaged shall be reported immediately to the TPOC. When the damage was caused by contract employees, a written report of the incident and extent of such damage shall be submitted to the TPOC, within 2 workdays (less weekends and holidays) of occurrence.

For property damage accidents of $2,000 or more the Contractor will complete and submit to the TPOC a copy of ENG 3394.

TP-1.6 CONTRACT EMPLOYEES. All contract employees shall conduct themselves in a proper and courteous manner at all times. Contract employees shall comply with all provisions of Title 36, Chapter III, Part 327, CFR and obey all posted signs and regulations in the performance of the work under this contract. Being under the influence of, or consuming alcoholic beverages or controlled substances by the Contractor or employees while on duty is prohibited.

a. Employee Dismissal. The Contractor expressly agrees to dismiss any employee or subcontractor employee whose continued employment is deemed by the TPOC to be inconsistent with the best interests of the public or the U.S. Army Corps of Engineers. The KO or the TPOC may require the Contractor to immediately remove from the work site any employee or subcontractor who is incompetent, endangers persons or property, or whose physical or mental condition would impair their ability to satisfactorily perform the work. Notification to the Contractor will be promptly made in writing if time and circumstances permit. Otherwise, notification will be verbal and confirmed in writing as soon as possible. No removal shall reduce the Contractor's obligation to perform all work required under this contract nor be the basis for time extension. Immediate replacement of the employee shall be made.

TP-1.7 QUALITY ASSURANCE. The Government will monitor the Contractor’s work and examine completed work to determine whether work is performed and completed in compliance with purchase order specifications. The TPOC is responsible for the Government’s Quality Assurance Program under the purchase order. The TPOC and/or his designated Quality Assurance Inspector (QAI) will observe the work being performed and inspect completed work. The contractor and the TPOC/QAI shall coordinate work schedules and inspections to best evaluate contractor performance. The Government will use 100% inspections to evaluate the work provided under this contract. If the completed work does not conform to the requirements under the contract, the Government may require the contractor to remedy the work until it satisfactorily meets the requirements of the contract specification.

When the deficiencies cannot be corrected by re-performance, the Government may reduce or deduct the purchase order price to reflect the reduced value of the work performed or pursue claims as detailed in the FAR clauses contained in the contract.

TP- 1.8 DEFICIENCIES. If the Contractor fails to perform, or if performance in any area is judged unsatisfactory by the TPOC, the Government will take corrective action. If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no cost to the Government. When the defect in services cannot be corrected by re-performance, or cannot be corrected in the specified time frame, the Contractor is required to respond to a Contract Discrepancy Reprot.

TP- 1.9 ENVIRONMENTAL PROGRAM. The Contractor shall comply with Federal, State, TP-1.3 DELETED and local laws, regulations and standards regarding environmental protection. All environmental protection matters shall be coordinated with the TPOC. Any of the facilities operated by the Contractor may be inspected by the TPOC, or other Federal, State and local officials without advance notice. Access for inspection shall be granted upon request. Citations against Government facilities operated by the Contractor for non-compliance with environmental standards are a matter for resolution between the Government and the issuing office. Payment of fines or penalty charges associated with citations issued by Federal, State or local officials will be paid by the Government. If the citations are issued due to faulty operation or maintenance practices of the Contractor, the Contracting Officer or TPOC will deduct the fine from any monies due the Contractor.

The Contractor shall conduct all operations and maintenance activities in a manner to prevent contamination of Government land and property. The Contractor shall ensure all lubricants, petroleum products, paints, cleaning materials, or any other hazardous substances are not spilled, leaked or disposed of on Government property and are disposed of in accordance with environmental regulations. If spills or contamination occur, the Contractor shall be responsible for cleanup and any associated costs in accordance with Federal, State and Local Law. Such spills shall be reported to the TPOC immediately.

TP-1.10 COOPERATION WITH OTHER CONTRACTORS, LESSEES, AND

VOLUNTEERS. The Government may undertake or award other contracts, or have lessees or volunteers performing certain work, including services that could otherwise be performed utilizing Task Orders under this contract. The Contractor shall fully cooperate with such other Contractors, lessees, volunteers and Government employees. The Contractor shall not commit or permit any act which will interfere with the performance of services by another Contractor, volunteer, lessee, or Government employee. The KO can alter the service schedules of the other Contractor, lessee, Government employees, volunteer, or the Contractor to avoid possible conflicts. Any such change (or failure to make such a change) by the KO shall not be the basis for a claim by the Contractor.

TP 1.11 VETERANS EMPLOYMENT EMPHASIS FOR U.S. ARMY CORPS OF

ENGINEERS CONTRACTS:

In addition to complying with the requirements outlined in FAR Part 22.13, FAR Clause 52.222- 37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

U.S. Department of Labor Veterans employment: www.vets.gov/ Federal veteran employment information: www.fedshirevets.gov/index.aspx and Training Service (VETS): http://www.dol.gov/vets/ Veterans Opportunity to Work (VOW) Program: http://benefits.va.gov/vow/ Hiring Our Heroes initiative: https://www.uschamberfoundation.org/hiring-our-heroes

TP 1.12 GOVERNMENT FURNISHED MATERIALS AND EQUIPMENT.

a. Government Furnished Facilities. The contractor will not be supplied with any storage areas.

b. Utilities. The Government will furnish available utilities to perform the specified service.

At remote locations the Contractor shall supply his own utilities such as water. The Contractor shall make a dedicated effort to conserve utilities and shall comply with all Government regulations regarding energy conservation. Government furnished utilities shall be used only in the performance of services specified in this contract. The contractor will have access to one water spigot at the maintenance building.

http://www.uschamberfoundation.org/hiring-our

c. Forms. All Department of Defense forms, required by the Government to be used under this contract, will be provided by the Government during the contract period. The Government reserves the right to modify or supersede these forms during the contract period.

d. Control. The Contractor shall provide control to ensure Government furnished equipment, property, or items are utilized only for contract purposes. The Government will furnish tree marking paint, orange sleeves, government boundary stickers, tree painting guns, and magnetic government contracting identification for work vehicles.

Upon completion (including any extensions of contract term) or termination of the contract for any reason, and except for fair wear and tear, the Contractor shall return all Government furnished equipment and any unused material or supplies in the same condition as received. Any discrepancies (except for fair wear and tear), damages or deficiencies in the inventory will be chargeable against the Contractor.

TP 1.13 SAFEGUARDING GOVERNMENT PROPERTY. The Contractor shall cooperate with Government personnel in safeguarding Government property. The Contractor shall be responsible for promptly reporting all acts of vandalism, larceny, or pilferage to Government property, and malfunctioning Government equipment to the TPOC. The Contractor shall establish security procedures and safeguards that are compatible with the Government's existing procedures, to protect all equipment, materials, supplies, tools, and other resources. The Contractor shall cooperate with, and provide any assistance necessary to, the Government during any audits, usage checks of expendable property, and inventories of nonexpendable property under control of the Contractor. Any item of value found on the work sites shall be placed into the custody of the TPOC for return to the owner, if ownership cannot be established.

The Contractor shall inform the TPOC of any information he or his employees receive about lost and/or found articles from the public.

TP-3.1 GENERAL SPECIFICATIONS:

1. General. The work will involve marking trees, placing sleeves on studded T-fence posts, and documenting issues on an already established government fee line at Buckhorn Lake, KY. It does not require new survey work or for the contractor to establish unmarked sections of the government boundary line. The contractor can expect to encounter an average of approximately 40 studded T-fence posts per mile section on the Buckhorn Lake boundary line. This work shall be accomplished through a BASE (CLIN 0001) and one OPTION (CLIN 0002) line items.

BASE (CLIN 0001):

a. Perform maintenance on 17 miles of boundary line at Buckhorn Lake, at location determined by the TPOC. Boundary Line Maintenance in all areas will consist of marking trees with paint (provided by the government) according to Exhibit A, and installing orange plastic sleeves (provided by the government) on studded T-fence posts, where they are missing on the government fee line. The Contractor shall place orange plastic sleeve over studded T-fence posts that are missing sleeves, flush with the top of the post. The government will provide fee line identification stickers that are to be placed on the plastic sleeve by the Contractor in a manner as directed by the TPOC. Trees must be marked using paint according to Exhibit A. When possible, trees should be painted a minimum of every 25 feet along the boundary line, including “Line Witness” trees.

b. The Contractor shall keep a daily work record on segment maps and aerial photos showing the starting and ending points for that day that will be provided by the TPOC. The contractor shall document encroachments, tree cuttings, fence lines, private property, or any other abnormalities occurring on government land, by marking the occurrence’s location and by providing a photo of the occurrence to the TPOC. The contractor shall also document the location of missing posts and survey pins. Upon the completion of each day of boundary line work, the Contractor shall supply the Government with a clean and clearly documented segment map indicating all missing posts and survey pins, as well as any encroachments and trespasses noted and the areas that have been completed. In any week where work is completed, the daily work orders shall be turned in to the TPOC by close of business on Friday.

c. It will be the Contractor’s responsibility to obtain any permission required to cross private property in order to access government property. The Contractor’s vehicle(s) will be identified with the company logo clearly displayed on the vehicle door, or a letter left on the dash that indicates the work that the contractor is performing with contact information that can be called to verify the Contractor’s employment. Additionally, employees will wear a shirt and hat identifying themselves as employees of the Contractor.

OPTION 1 (CLIN 0002)

a. Perform maintenance on 9 miles of boundary line at Buckhorn Lake, at location determined by the TPOC. Boundary Line Maintenance in all areas will consist of marking trees with paint (provided by the government) according to Exhibit A, and installing orange plastic sleeves (provided by the government) on studded T-fence posts, where they are missing on the government fee line. The Contractor shall place orange plastic sleeve over studded T-fence posts that are missing sleeves, flush with the top of the post. The government will provide fee line identification stickers that are to be placed on the plastic sleeve by the Contractor in a manner as directed by the TPOC. Trees must be marked using paint according to Exhibit A. When possible, trees should be painted a minimum of every 25 feet along the boundary line, including “Line Witness” trees.

b. The Contractor shall keep a daily work record on segment maps and aerial photos showing the starting and ending points for that day that will be provided by the TPOC. The contractor shall document encroachments, tree cuttings, fence lines, private property, or any other abnormalities occurring on government land, by marking the occurrence’s location and by providing a photo of the occurrence to the TPOC. The contractor shall also document the location of missing posts and survey pins. Upon the completion of each day of boundary line work, the Contractor shall supply the Government with a clean and clearly documented segment map indicating all missing posts and survey pins, as well as any encroachments and trespasses noted and the areas that have been completed. In any week where work is completed, the daily work orders shall be turned in to the TPOC by close of business on Friday.

c. It will be the Contractor’s responsibility to obtain any permission required to cross private property in order to access government property. The Contractor’s vehicle(s) will be identified with the company logo clearly displayed on the vehicle door, or a letter left on the dash that indicates the work that the contractor is performing with contact information that can be called to verify the Contractor’s employment. Additionally, employees will wear a shirt and hat identifying themselves as employees of the Contractor.

a. Government Furnished Items. – Unless otherwise specified, the Government shall furnish:

a. Red tree marking “gun type” boundary paint that will be used to mark the trees specified in the Performance Work Statement.

b. Orange plastic sleeves and stickers that will be placed on the existing posts at each boundary corner.

c. All maps which will describe the locations of boundary corners. Clean duplicate maps will be furnished, which will be submitted with any field notes after each 5 mile interval.

d. Government contractor magnetic vehicle identification

e. Tree marking paint guns for paint application.

b. Submittals. The Contractor submittals shall be furnished in accordance with the specifications. All listed items shall be submitted for Government approval by the TPOC. Associated work items shall not be performed until receiving approval from the TPOC. TPOC shall provide a response to the submittals within 15 calendar days of receipt.

a. Accident Prevention Plan (APP)

b. Activity Hazard Analysis (AHA)

c. Project Schedule

c. Waste Disposal. The contractor will remove all trash generated from this work and dispose of it in an appropriate receptacle. The contractor is responsible for any waste disposal and any permits and fees associated with disposal.

6. Warranty. The contractor shall furnish the TPOC with a minimum of 1-year warranty or standard warranty whichever is greatest on the resurfacing as specified and installed for any defect or deficiency.

7. Reference.

a. Exhibit ‘A’, Buckhorn Lake Marking Line Standard

Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community

Legend Base Boundary Tract

USACE Boundary

0 3,900 7,8001,950 Feet 1:40,090

Base Boundary Tract- 17 Miles

Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community

Legend Option_Boundary_Tract

USACE Boundary

0 3,400 6,8001,700 Feet 1:34,660

Option Boundary Tract- 9 Miles

CLAUSES INCORPORATED BY REFERENCE

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 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 52.204-22 Alternative Line Item Proposal JAN 2017 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

MAR 2023

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

DEC 2022

52.217-5 Evaluation Of Options JUL 1990 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.237-1 Site Visit APR 1984 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

252.204-7018 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 252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

JAN 2023

252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015)

MAY 2020

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2020- O0015)

MAY 2020

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

JAN 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)

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

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

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…

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