Solicitation_W912WJ23Q0045.pdf
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SEE ADDENDUM
(No Collect Calls)
W912WJ23Q0045 17-Feb-2023
b. TELEPHONE NUMBER
9783188255
8. OFFER DUE DATE/LOCAL TIME
02:00 PM 28 Feb 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 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.
W912WJ9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
ANN M ADLEY
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED OR X
SMALL BUSINESSX
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
U S ARMY ENGR DISTRICT, NEW ENGLAND
696 VIRGINIA RD
CONCORD MA 01742-2751
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: 978-318-8159 SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$19,500,000
NAICS:
541990
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF57
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
W912WJ23Q0045
Section SF 1449 - CONTINUATION SHEET
INSTRUCTIONS TO VENDORS
PLEASE DIRECT QUESTIONS TO ANN MURPHY ADLEY AT (978) 318-8255 OR
ANN.M.ADLEY@USACE.ARMY.MIL. THE SOLICITATION AND RESULTING CONTRACT SHALL BE
THE GOVERNING DOCUMENT IN ALL CASES.
** QUOTES CAN BE E-MAILED TO ANN MURPHY ADLEY AT ANN.M.ADLEY@USACE.ARMY.MIL.
THE BID SCHEDULE MUST BE COMPLETED AND SUBMITTED FOR A QUOTE TO BE
CONSIDERED COMPLETE.
In accordance with FAR Part 52.204-7(b)(1) Contractors must be registered in the System for Award Management (SAM) database (www.SAM.gov) to submit a quote (formerly the Central Contractor Registration (CCR) database and the On-Line Representations and Certifications (ORCA)). Any reference to CCR or ORCA in any clause or provision is referring to the www.sam.gov website.
NOTE: SAM.gov registration takes approximately 3 weeks (DUNS registration 1-2 business days; CAGE code validation up to 10 business days; IRS validation and overall submission 7-10 business days). It is the contractor’s responsibility to track SAM.gov registration and follow-up with required tasks.
In addition, if you are registering a new entity in SAM.gov, you must provide an original, signed notarized letter stating that you are the authorized Entity Administrator. The Entity Administrator must establish a LOGIN.GOV account using the e-mail address that will be associated with the SAM registration. See https://www.gsa.gov/about-us/organization/federal-acquisition-service/office-of-systems-management/integrated-award-environment-iae/sam-update for additional information.
Provide Unique Entity Identifier (UEI): ___________________________ Provide CAGE code: ____________________________ Provide TAX ID: __________________________ Per FAR Part 52.212-3 Alt I, the Contractor is required to complete the On-line Representations and Certifications Application (www.SAM.gov) and paragraph (b) if applicable, OR to complete paragraphs (c) thru (m) of this clause and return with quote.
POTENTIAL VENDORS ARE NOTIFIED THAT THE BASIS ON WHICH AWARD WILL BE MADE IS
PRICE ALONE.
ALL RESPONSIBLE SOURCES MAY SUBMIT A RESPONSE WHICH, IF TIMELY RECEIVED, MUST BE
CONSIDERED BY THE AGENCY.
INVOICES SHALL BE SENT TO TECHNICAL POINT OF CONTACT.
SECURITY REQUIREMENTS
General security requirements and guidance: The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract.
The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (eg., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures –this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clauses of this contract, should FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.
Suspicious Activity Reporting training (e.g. iWATCH, CorpsWatch, or See Something, Say Something): All contract personnel shall receive initial and annual refresher training from the RA representative on the local suspicious activity reporting program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity.
BID SCHEDULE
AQUATIC HERBICIDE APPLICATION
U.S. ARMY CORPS OF ENGINEERS
EAST BRIMFIELD LAKE
FISKDALE, MASSACHUSETTS
Bid Schedule
ITEM UNIT QTY
UNIT
PRICE
TOTAL
1. Permit Application
JOB
2. Herbicide Treatment (Base - 45 acres)
3. Herbicide Treatment (Option 1 - 6 acres)
4. Herbicide Treatment (Option 2 - 18 acres)
5. Post-Treatment Lake Survey & Report
TOTAL
PERFORMANCE WORK STATEMENT
AQUATIC HERBICIDE APPLICATION
U.S. ARMY CORPS OF ENGINEERS
EAST BRIMFIELD LAKE
FISKDALE, MASSACHUSETTS
PERFORMANCE WORK STATEMENT
I. General
1. Scope – Furnish all labor, equipment, materials, and transportation necessary to accomplish the following tasks at East Brimfield Lake and Long Pond:
a. Apply a systematic aquatic herbicide to for control of fanwort, Eurasian watermilfoil, and variable watermilfoil. The total acreage treated will at minimum consist of a 45-acre base section. Two additional sections are included as options.
These options may or may not be exercised.
b. Conduct a post-treatment lake survey with a final report that identifies the distribution and abundance of target vegetation species, evaluates the efficacy of the aquatic herbicide treatment, and provides future management recommendations for aquatic invasive species management.
c. Obtain all required licenses, permits, and letters of certification.
2. Location – East Brimfield Dam is a flood risk management project located on the Quinebaug River in Fiskdale, Massachusetts. The project office is located at 24 Riverview Avenue, Fiskdale, Massachusetts.
3. Site Visit – Contact the Technical Point of Contact, (TPOC) Project Manager, Keith Beecher at (978) 318-8405 or keith.w.beecher@usace.army.mil to arrange a site visit.
4. Schedule – All work will be completed from contract award through November 30, 2023.
The project area will be open to the contractor Monday through Friday 8:00 AM to 4:30 PM and all work must be done during those hours unless additional hours are approved by the TPOC. No work shall be done on weekends or federal holidays. The schedule for herbicide application will be determined by and must be strictly adhered to the requirements set forth by the Commonwealth of Massachusetts.
5. Safety –
a) All work shall be conducted in accordance with the U.S. Army Corps of Engineers
Safety and Health Requirements Manual (EM 385-1-1, most recent edition), and all applicable Occupational Safety Health Administration (OSHA), federal, state, and local safety, and health requirements. A copy of EM 385-1-1 can be accessed at the project office or electronically at the following link:
http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/E M_385-1-1.pdf
Project staff reserve the right to cease work at any time should the safety of employees, contractors, and/or the public become jeopardized.
b) Abbreviated Accident Prevention Plan -The contractor shall prepare an Abbreviated
Accident Prevention Plan (AAPP) specific to the activities being performed. It shall include Activity Hazard Analyses (AHAs) as described in paragraph below. A non-mandatory, fillable Abbreviated APP template is available upon request. However, the contractor is permitted to submit their own plan, at a minimum it must meet the requirements of EM 385-1-1, Appendix A, Section K.
A preparatory meeting shall be conducted by the prime contractor to discuss the AAPP contents with all effected onsite employees. The Prime Contractor is responsible for informing their subcontractors of the safety provisions under the terms of the contract, the penalties for noncompliance, and inspecting subcontractor operations to ensure that accident prevention responsibilities are being carried out.
c) Activity Hazard Analysis - An AHA shall be submitted for each major phase of work.
A major phase of work is defined as an operation involving a type of work presenting hazards not experienced in previous operations or where a new subcontractor or work crew is to perform the work. The analysis shall define all activities to be performed, identify the sequence of work, the specific hazards anticipated, and the control measures to be implemented to eliminate or reduce each hazard to an acceptable level. The AHA shall be continuously reviewed and revised to address changing site conditions as appropriate.
COVID-19 NOTE: As part of the AAPP and AHA’s, include site specific COVID-19 monitoring procedures which address, at a minimum, the following elements:
Procedures for periodic sanitation inspections Procedures for disinfecting project sites in accordance with Centers for Disease
Control and Prevention (CDC) guidelines Site specific measures to practice social distancing while working on the project Employee training on the signs, symptoms, and protection measures in accordance with CDC guidelines A list of personal protective equipment to be used in accordance with CDC and state guidelines
d) Emergency Response - Emergency procedures shall be documented in the AAPP and will include a map with directions to the nearest hospital, emergency contact numbers, and onsite First Aid/CPR responders.
e) Required Personnel - The contractor shall designate one employee as the site’s
Competent Person (CP) who is responsible for ensuring a safe environment for all employees. The CP shall be present at the project site and report to the contractor’s upper management. The CP is required to have related construction and/or service experience.
When emergency medical services are not accessible within five (5) minutes of the work location and there are two (2) or more workers onsite, at least two (2) employees shall be trained in First Aid and CPR. Minimum qualifications are listed in EM 385-1-1, Section 03.A.02.c.
f) Accident Reporting - All accidents and near misses shall be investigated by the contractor. All work-related recordable injuries, illnesses, and property damage accidents (excluding on-the-road vehicle accidents), in which the property damage exceeds $5,000.00, shall be verbally reported to the TPOC within four (4) hours of the incident. Serious accidents as described in EM 385-1-1 Section 01.D shall be immediately reported to the TPOC. ENG Form 3394 shall be completed and submitted to the TPOC within five (5) working days of the incident.
6. Pre-Work Conference – Prior to the start of any work, the TPOC will schedule and conduct a pre-work conference. The contractor’s Project Manager and Quality Control Personnel will attend this meeting. No work may be performed under this contract prior to this conference.
The purpose of the conference is to enable the TPOC to outline the procedures that will be followed by the government in its administration of the contract, and to discuss the performance that will be expected from the contractor. This conference will allow the contractor an opportunity to ask questions about the government’s administration and inspection of contract work or obtain other pertinent information that might be required. At the pre-work conference the contractor shall provide the name of the project superintendent with a telephone number for project coordination.
The following is a general list of items for discussion during this pre-work conference:
i. Authority of the TPOC and Quality Assurance Inspectors
ii. Contractor’s Safety Program (including sub-contractors)
iii. Abbreviated Accident Prevention Plan
iv. Weekly Safety Meetings (Documented on NED Form 251)
v. Accident Reporting (ENG Form 3394)
vi. Safety Data Sheet (SDS) requirements
vii. Correspondence, Communication and Administrative Procedures
viii. Invoice and payment
7. Flooding- East Brimfield Lake is primarily a flood risk management project. Occasional retention of floodwaters may inundate portions of the dam property or access roads in the areas covered by this contract. The TPOC will notify the contractor if areas are closed because of floodwaters. When flooding ends and waters recede, the TPOC will notify the contractor as areas reopen and services may resume.
8. Permits – The contractor shall, without additional expense to the government, be responsible for obtaining any additional necessary licenses, permits, and letters of certification. The contractor shall comply with any applicable federal, state, county, and municipal laws, codes, and regulations in connection with the performance of the work specified under this contract.
9. Security – The contractor will comply with all established security policies at East Brimfield Lake. Due to periods of heightened security that may affect the access to the areas covered under this contract, areas may be subject to periodic closures, which in turn may reduce or inhibit the contractor’s ability to access certain areas. During periods of heightened security, the government reserves the right, at any time, to close any property or portion of property and reschedule and/or cancel any subsequent service in an area. When possible, the contractor shall be given at least 24-hour notice of any such closure.
10. Payment – Payment shall be made on a per task basis. After final inspection and acceptance by the government of each task, the contractor must submit an invoice to the TPOC. The invoice shall include the invoice date, contract number, date of service, and description of work, quantities, process, and a total amount due per line item.
All invoices may be mailed to:
U.S. Army Corps of Engineers
24 Riverview Avenue Fiskdale, MA 01518
Or emailed to keith.w.beecher@usace.army.mil
II. Technical Requirements:
1. General:
a. Existing Conditions:
The U.S. Army Corps of Engineers East Brimfield Lake project consists of the East Brimfield Dam and associated weir, East Brimfield Lake, and Long Pond which total approximately 360 acres. During high water events, flows held back by East Brimfield Dam inundate both government and easement lands around the lake. Stored water is released downstream as soon as it is safe to do so. East Brimfield Lake and boat ramps are heavily used recreation areas. Heavy infestation of fanwort and milfoil occurs in over 250 acres of the lake.
Emphasis for control will focus on the following 3 areas:
1) Base (45 acres): Perimeter of primary basin of Long Pond
2) Option 1 (6 acres): Section north of Champeaux Rd.
3) Option 2 (18 acres): Section between Rt. 20 and the primary basin of Long Pond
Reservoir drawdowns have been attempted during the winters of 2019-20, 2020-21, and 2021-22. A drawdown did not occur during the 2022-2023 winter season. Due to unpredictable inflows and water release limitations, maintaining ideal 4 feet drawdown conditions for extended periods of time are often difficult and/or impossible. While some invasive plant kill has been observed, it’s unlikely that drawdowns alone will be enough to adequately manage invasive plant populations. Chemical treatments will likely be the most successful management approach moving forward.
An invasive plant survey conducted at East Brimfield Lake/Long Pond on 7/2/2021 observed three primary non-native species: fanwort (Cabomba caroliniana), Eurasian watermilfoil (Myriophyllum spicatum), and variable watermilfoil (Myriophyllum heterophyllum). Fanwort was by far the most prevalent and was found throughout the Lake except for the deeper portion of Long Pond. Forty (40) acres of East Brimfield Lake/Long Pond were treated with ProcellaCOR (florpyrauxifen-benzyl) on 9/14/21.
East Brimfield Lake/Long Pond was treated twice in August of 2022. Due to the prevalence of fanwort in particular, the decision was made to treat with fluridone.
Fluridone is particularly effective against fanwort and is also effective against other invasive species including Eurasian milfoil. Various areas totaling 40 acres were treated.
Successful control was noted throughout the treatment areas; however, it was noted that treatment earlier in the year would have been more effective with less biomass die-off. It was found through pre and post treatment surveys that invasive plants are present throughout over 250 acres of the lake.
b. Abutters:
USACE owns all of the surrounding land in fee. No public drinking water wells abut the East Brimfield Lake area, however there are numerous private wells in the area of the lake north of Route 20. There are private drinking water wells on abutting land immediately upstream of Holland/East Brimfield Road. A privately owned campground named Quinebaug Cove Campground has a small boat ramp and swimming area on the southwest shore of East Brimfield Lake.
c. Submittals:
Although the government technically reviews submissions required by this scope of work, it is emphasized that the contractor’s work must be prosecuted using proper internal controls and review procedures. The documents identified below must be prepared in accordance with the applicable standards, submitted for review and accepted by the government prior to final payment of the contract:
Safety data sheets, material data sheets for chemical(s) to be applied Activity Hazard Analysis to include both spraying and boating activities. Given the relatively high risk of waterborne activities, the contractor will be required to submit an activity hazard analysis that must be accepted by the government prior to the commencement of any work on the lake.
Abbreviated Accident Prevention Plan must be submitted to the TPOC before field work can commence. Examples are available upon request.
Post -Treatment Lake Invasive Species Survey and Report - Provide a detailed report with survey findings to include species name, acreage of infestation, and detailed maps with locations of species present; This report will evaluate the efficacy of the aquatic herbicide treatment, and provide recommendations for future monitoring, control, and management actions.
Data Files – GIS shape file that shows the actual passes or spray zones of the treatment boats as recorded by a GPS system; GIS shape files of data included in maps and final report.
State Applicator’s License – The contractor will be required to submit verification that their license as a Commonwealth of Massachusetts Authorized Application is current and in good standing.
d. Clean-Up:
The contractor shall practice good housekeeping to maintain a safe job site. The contractor shall keep the work area, including any storage areas, free from the accumulation of waste materials. Upon completing work in an area, the contractor shall remove any tools, equipment, and materials that are not the property of the government.
e. Government Resources:
The contractor is responsible for providing all materials to complete the project.
Unless specified in the contract, the government will not provide any equipment, telephone services or other resources.
f. Omissions:
This contract may not cover all specified activities, steps, and procedures required to supply the contract product. In case of omission, the normal industry, state, or federal standards, practices, specifications, and/or guides shall prevail. In no instance shall an omission be reason to produce less than an acceptable product.
g. Quality Assurance:
The contractor is responsible for the quality control of the contract work. The government has the right to inspect and test all items called for by the contract, to the extent practicable at all times and at all places during the term of the contract.
h. Other Contracts:
The government may undertake or award other contracts for additional work not related to this contract. The contractor shall fully cooperate with other contractors and government employees. The contractor shall not commit or permit any act which will interfere with the performance of work by another contractor, or by government employees.
i. Receiving and Storing Materials:
The contractor is responsible for protecting any stored material until it is placed in service. The contractor is responsible for receiving and unloading of delivered goods.
Government employees will not receive material or supplies for the contractor and will not be responsible for damage to contractor equipment or material.
2. Products:
Systemic aquatic herbicide requirements:
Fluridone is the preferred chemical as specified by the Division of Pesticide Control
Permit Applications for the water habitat present at the treatment locations.
The chemical approved by the state permit must be approved in advance by the TPOC if fluridone is not the approved chemical.
3. Execution:
Access:
Boat access to the work areas in East Brimfield Lake and Long Pond is provided by either of two USACE owned boat ramps off of Route 20: Reservoir Boat Ramp south of Route 20 and Long Pond Boat Ramp north of Route 20. Boat access to the small portion of Long Pond north of Champeau Road is at the Fishing area or off of Champeau Road (NOTE: this area will require a small boat, as water depth is shallow and there is no designated boat ramp).
Task 1 - Permit Application
The U.S. Army Corps of Engineers East Brimfield Lake is not a candidate to file a Notification of Intent with the Commonwealth of Massachusetts. However, the contractor shall be responsible for obtaining any state approval required concerning rare and protected species as identified by Mass Wildlife’s Natural Heritage and Endangered Species Program. Required state permit applications must be submitted within thirty days of contract award, as this will affect the timing of the herbicide treatment which needs to be completed at a certain growing stage in order to be effective.
Task 2 – Herbicide Treatment Prior to any treatments, the contractor is responsible for creating and posting signs adjacent to treatment areas and making the required notifications.
The contractor shall apply an appropriate systemic aquatic herbicide to all treatment areas as shown on the attached map. Herbicide application rates shall follow manufacturer’s recommendations and accepted industry practice and be adequate to provide effective control within the target area. Multiple applications may be necessary.
A GPS system with at least 3-to-5-meter accuracy shall be used during the treatment to insure even application of the herbicide. Should the presence of stumps inhibit or limit access to the full treatment area by a larger air boat, the contractor must also be equipped with: A) hoses to be able to spray the herbicide into zones targeted for treatment, and/ or B) smaller boats to use to gain access to the full range of the indicated treatment areas.
Treatments are proposed to be conducted in May. Treatment dates will be determined based on the specifications of the approved permits obtained by the contractor and weather conditions.
USACE will be responsible for closing East Brimfield Lake on the treatment days.
Task 3 – Post-Treatment Lake Survey and Report:
Conduct a comprehensive post-treatment survey to identify the distribution and abundance of native and invasive aquatic vegetation species (particularly target species including fanwort, Eurasian watermilfoil, and variable watermilfoil) at East Brimfield Lake and Long Pong (approximately 360 acres). Provide a detailed report which includes species name, acreage of infestation, and detailed maps with locations of species present. This report will evaluate the efficacy of the aquatic herbicide treatment and provide recommendations for future monitoring, control, and management actions.
This survey must be completed two months after herbicide application, in July/August depending on application dates.
ATTACHMENTS
PLEASE REFER TO FIGURES WITHIN THE SOLCITATION FOR ADDITIONAL INFORMATION
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
CLAUSES INCORPORATED BY REFERENCE
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 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-22 Alternative Line Item Proposal JAN 2017 52.204-24 Representation Regarding Certain Telecommunications and
Video Surveillance Services or Equipment
NOV 2021
52.212-1 Instructions to Offerors--Commercial Products and Commercial Services
NOV 2021
52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services
DEC 2022
52.217-5 Evaluation Of Options JUL 1990 52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.225-25 Prohibition on Contracting with Entities Engaging in Certain
Activities or Transactions Relating to Iran-- Representation and Certifications.
JUN 2020
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
NOV 2021
52.242-15 Stop-Work Order AUG 1989 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
252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
DEC 2019
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation
DEC 2019
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation
MAY 2021
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2021
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--
Prohibition on Fees and Consideration
DEC 2022
252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items DEC 2022
CLAUSES INCORPORATED BY FULL TEXT
52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT
2020)
(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.
(c) Representations.
(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
(End of provision)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (DEC 2022) ALTERNATE I (OCT 2014)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.
(a) Definitions. As used in this provision --
"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"Forced or indentured child labor" means all work or service-
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.
"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
"Sensitive technology"--
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business concern"--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern"--
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13
CFR 121.103.
"Small disadvantaged business concern, consistent with 13 CFR 124.1002", means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
"Subsidiary" means an entity in which more than 50 percent of the entity is owned--
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
"Veteran-owned small business concern" means a small business concern--
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
"Women-owned small business concern" means a small business concern--
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.
(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___
[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that--
(i) It [ ___ ] is, [ ___ ] is not a small business concern; or
(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ ]
(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that--
(i) It [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern; or
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2).
[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.
(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.
(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .
(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).
[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]
(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: _________
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and
(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.
(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)
___ Black American.
___ Hispanic American.
___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).
___ Individual/concern, other than one of the preceding.
(d) Certifications and representations required to implement provisions of Executive Order 11246--
(1) Previous Contracts and Compliance. The offeror represents that--
(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation, and
(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that--
(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or
(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence…
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