Solicitation W912WJ23Q0091.pdf

SEE ADDENDUM

(No Collect Calls)

W912WJ23Q0091 16-May-2023

b. TELEPHONE NUMBER

978-318-8324

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 26 May 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.

W912WJ9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JENNIFER M SAMELA

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

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 OF73

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.

W912WJ23Q0091

Section SF 1449 - CONTINUATION SHEET

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

INSTRUCTIONS TO VENDORS

PLEASE DIRECT QUESTIONS TO JENNIFER M. SAMELA AT (978) 318-8324 OR

JENNIFER.M.SAMELA@USACE.ARMY.MIL. THE SOLICITATION AND RESULTING CONTRACT

SHALL BE THE GOVERNING DOCUMENT IN ALL CASES.

** QUOTES CAN BE E-MAILED TO JENNIFER M. SAMELA AT

JENNIFER.M.SAMELA@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

CONTROL OF VARIABLE MILFOIL

U.S. ARMY CORPS OF ENGINEERS

HOPKINTON-EVERETT LAKES

HOPKINTON, NH

PERFORMANCE WORK STATEMENT

Bid Schedule

ITEM UNIT QTY

UNIT

PRICE

TOTAL

1. Permit Application Coordination

Each

2. Everett Lake Herbicide

Treatment – Base Treatment of 40 Acres

3. Option #1-Additional Treatment of 1 Acre

-Maximum shall not exceed 5 total acres, increment is 1 acre

4. Option #2-Additional Treatment of 5 Acres -Maximum of 5 total acres

5. Option #3-Additional Treatment of 10 Acres -Maximum of 20 total acres

6. Water Testing & Reporting

7. Additional Water Testing &

Reporting

8. Final Report

TOTAL

PERFORMANCE WORK STATEMENT

CONTROL OF VARIABLE MILFOIL

U.S. ARMY CORPS OF ENGINEERS

HOPKINTON-EVERETT LAKES

HOPKINTON, NH

PERFORMANCE WORK STATEMENT

I. General:

1. Scope – Furnish all materials, equipment, and labor to apply a systematic aquatic herbicide to control variable milfoil at the Hopkinton-Everett Lakes Flood Control Project. The primary treatment location consists of portions of Everett Lake in Weare, NH (approximately 40 acres). Additionally, the Government may choose to exercise optional treatment areas located in/on portions of Drew Lake in Hopkinton, NH (approximately 10 acres).

2. Location – The Hopkinton-Everett Lakes project is a flood control project located on the Contoocook River in Hopkinton, New Hampshire and the Piscataquog River in Weare, New Hampshire. The project office is located at 2097 Maple Street, Hopkinton, New Hampshire, 03229.

3. Site Visit – Contact the Technical Point of Contact (TPOC), Environmental Protection Specialist, Joshua Levesque at 978-318-8304 or Joshua.S.Levesque@usace.army.mil to arrange a site visit.

4. Schedule – The period of performance will be from contract award until December 31, 2023.

All treatment(s) shall start AFTER September 4, 2023 and be completed BEFORE September 30, 2023 (or as specified via Permit Application). Work shall be performed Monday through Friday 7:00 AM to 4:30 PM unless otherwise approved by the TPOC. The Pre-Work Conference shall be completed within 14 days of state permit approval. The New Hampshire State Applicator’s License shall be submitted and accepted by Government within 14 days of contract award. Additionally, safety submittals, certifications, and licenses shall be submitted within 14 days of state permit approval and will be reviewed and accepted by the Government within 30 days of state permit approval. No work shall be done on weekends or Government holidays. *

* The schedule for herbicide application will be determined by and must strictly adhere to the permit requirements set forth by the New Hampshire Department of Agriculture, Division of Pesticide Control Special Aquatic Permit. No work shall commence until the aforementioned permit is approved by the State of New Hampshire.

5. Safety Requirements – All work shall be conducted in accordance with the U.S. Army Corps of Engineers (USACE) Safety and Health Requirements Manual (EM 385-1-1, most recent edition), and all applicable Occupational Safety and 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 Headquarters USACE website under publications using the following link:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_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.

a. 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 below. A non-mandatory, fillable AAPP 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.

b. 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.

c. 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.

d. 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.

e. 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.

The Contractor shall compile employee work hours (including subcontractors) and forward the total hours to the TPOC no later than close of business on the 10th calendar day of the following month. The method of transmission by the prime contractor to the TPOC shall be electronically.

6. Flooding – Hopkinton-Everett Lakes 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 as areas are closed as a result of floodwaters. When flooding ends and waters recede, the TPOC will notify the Contractor as areas reopen and services may resume.

7. 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. This conference will be held at the time and location agreeable to the government and contractor. 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 Technical Point of Contact and Quality Assurance Inspectors.

ii. Contractor’s Safety Program (including sub-contractors).

iii. Abbreviated Accident Prevention Plan and Activity Hazard Analysis

iv. Safety Meetings (Documented on NED Form 251)

v. Accident Reporting (ENG Form 3394)

vi. Safety Data Sheet (SDS) requirements

vii. Contractor’s Equipment

viii. Correspondence, Communication, Security and Administrative Procedures.

ix. Invoice and payment.

8. Permits – The Contractor shall, without additional expense to the Government, be responsible for obtaining any 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.

The Contractor shall submit a “Special Permit Application – Aquatic” to the NH Division of Pesticide Control for the herbicide treatments prescribed in this scope of work. The Contractor will be required to review the terms of this permit and sign the application as the pesticide applicator upon permit approval.

9. Security – The contractor will comply with all established security policies at the USACE Project. Due to periods of heightened security that may affect the access to the areas covered under this contract, the Government reserves the right to close any property or portion of property and reschedule and/or cancel any subsequent service. The Contractor shall be given at least 24-hour notice of any such closure.

10. Payment – The contractor shall furnish the TPOC with one invoice per month. Due to the specific nature of this Performance Work Statement, monthly invoices may not be necessary if work has not taken place while awaiting the treatment period. The invoice shall include the invoice date, contract number, dates of service, description of work, quantities, labor hours, and total amount due per line item. The invoice must also include the company letterhead, and this must match the data that is registered in the System for Award Management (SAM) registry. Payment shall be made monthly for the actual services performed at the applicable contract unit price.

All invoices may be mailed to U.S. Army Corps of Engineers Hopkinton Everett Lakes

2097 Maple Street Hopkinton, New Hampshire 03229

Or emailed to Joshua.S.Levesque@usace.army.mil

II. Technical Requirements:

Part 1 General:

1. Summary – Furnish all equipment, materials, labor, and transportation necessary to apply a systematic aquatic herbicide to control variable milfoil at the Hopkinton- Everett Lakes Flood Control Project. Contractor’s work and responsibility shall include, but not be limited to, all job planning, programming, scheduling, administration, inspection, personnel, equipment, vehicles, fuel, materials, supplies, supervision, and quality control necessary to perform the various services required herein. As such, costs for mobilization and de-mobilization should be figured into the cost for doing this work as those costs are not listed as a separate task.

2. Submittals – Although the Government reviews submissions for technical data/information required by this Performance Work Statement, it is emphasized that the Contractor’s work must be completed using proper internal controls and review procedures. The documents identified below must be prepared in accordance with the applicable standards, submitted to the TPOC for review and must be accepted by the Government:

a. Submitted and accepted within 14 days of contract award

State Applicator’s License – The Contractor will be required to submit verification that their license as a State of New Hampshire Authorized Applicator is current and in good standing.

b. Submitted within 14 days of State Permit approval and will be reviewed and accepted by the Government within 30 days of state permit approval. Submittals required acceptance before the commencement of any field activities.

Abbreviated Accident Prevention Plan Activity Hazard Analysis Permit – Completed, approved permit package from the state of New

Hampshire.

o Shall include all necessary public listings and mailings to abutters, and any in-field access-point notification flyers.

Safety Data Sheets (SDS) – For all chemicals and/or products used on-site.

State Applicator’s License – The Contractor will be required to submit verification that their license as a State of New Hampshire Authorized Application is current and in good standing.

Boat Operating Certifications (USCG Auxiliary, National Association of Safe Boating Law Administrators, or equivalent).

c. Submittals required prior to final payment

Data Files – GIS shape file that shows the actual passes or spray zones of the treatment boats as recorded by a differential DGPS system. (To be submitted to USACE no later than December 31, 2023).

Water sample test results and reports – As required by State of NH Special Permit and contract requirements. (To be submitted after State of NH Review and Approval and submitted to USACE no later than October 31, 2023).

Final Report – In accordance with Pes 603.03(c)(21), a brief report discussing:

o Efficacy of treatment measures and recommendations for future monitoring and control, o Map showing the actual differential GPS (DGPS) track of treatment boats relative to the treatment area, o Final product(s) volumes, quantities, and concentrations in all treated areas, and o All water sampling results and lab reports.

This document may be e-mailed to the TPOC in PDF format. (To be submitted after State of NH Review and Approval and submitted to USACE no later than December 31, 2023).

3. References – All work shall be in conformance with:

a. Env-Ws 1700 includes the State’s surface water quality regulations, New

Hampshire Department of Environmental Services (NHDES).

b. RSA Chapter 430 (Section 30-39 Pesticides Controls) Insect Pests and Plant

Diseases, General Court of New Hampshire.

c. U.S Army Corps of Engineers

i. EM-385-1-1 Safety and Health Requirements Manual, U.S. Army Engineering Manual.

d. Code of Federal Regulations

i. Title 36 – Parks, Forests, and Public Property; Chapter III, Part 327 – Corps of Engineers, Department of the Army.

e. Other appropriate federal, state, and local codes and regulations.

4. Other Contracts – The Government may undertake or award other contracts for additional work not related to this contract, and 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.

5. Preferred Sequence for Work Schedules – The TPOC shall provide the Contractor with a preferred sequence, or order, of work. (Note: The Contractor must provide sufficient personnel and equipment to accomplish services stated in the contract). The Contractor will then be required to submit a work schedule for each service, and approximate times for beginning and ending of each required service listed. Any proposed change to an approved schedule must be submitted in writing, coordinated, and approved by the TPOC in advance of actual schedule changes.

6. Clean Up and Waste Disposal – The contractor shall practice good housekeeping to maintain a safe job site. The contractor shall keep the work area, including any designated storage areas free from 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. Any and all disturbed areas resulting from contractor activities shall be restored by the contractor to the satisfaction of the TPOC.

All waste material will be disposed of offsite in accordance with all federal, state, and local regulations.

7. Environmental Protection – Containers for excess and/ or waste materials, rubbish, etc. shall be provided by the contractor at the site, and the site will be inspected/ cleaned on a daily basis when working onsite. Water, air, and land resources shall not be adversely impacted during the course of the work. The contractor will take necessary steps to ensure all federal, state, and local environmental regulatory requirements are met at no additional cost to the Government. Assurance of compliance with this section by subcontractors shall be the responsibility of the contractor.

8. Personal Protective Equipment - It is the contractor’s responsibility to furnish and supply personnel with the proper personal protective equipment necessary for performing the work.

9. Government Resources –The contractor shall supply his own means of communication (telephone). There is not a restroom available at the contract site, and there is no access to potable water at the contract site. The contractor would have to provide these resources or have an acceptable alternative plan for these resources.

10. Damage to Government and Private Property – The contractor shall be responsible for restoring all Government facilities or structures damaged as a result of the contractor’s operation. The contractor shall also be responsible for any damage to private property or injury to any person as a result of the contractor’s operation. The contractor shall notify the TPOC immediately of damage to Government and private property and injury to any person resulting from the contractor’s operation. Also, the Contractor shall notify the TPOC of damage to Government facilities due to vandalism or other causes on the day such damage is first noticed. Trucks and/or trailers will be driven on existing roads only and not across or through park areas to facilities. The Contractor shall also restore landscape features (shrubs, flowers, grasses, etc.), which are damaged or destroyed by the contractor’s operation. Damaged or destroyed grass areas shall be re-planted as directed by the TPOC, and shrubs and flowers which are damaged or destroyed shall be replaced from nursery stock of like size and kind.

11. Contractor’s Personnel –

a. Minimum Personnel Requirements - The Contractor shall provide an adequate number of fully qualified personnel to perform the specified service properly and efficiently within the time limits specified. The Contractor shall provide a list of the names and contact phone numbers for all employees prior to them working on Government Property.

Note: At least one of the Contractor employees on site shall be able to communicate effectively and efficiently with project staff.

b. Employee Conduct - The Contractor shall be responsible for seeing that the contractor’s employees strictly comply with Code of Federal Regulations (CFR) Title 36, Chapter III, Part 327, and all federal, state, and municipal laws. Any personnel activity, which, in the opinion of the Government, is deemed detrimental to the performance of the contract may result in the removal of Contractor employee/employees.

Examples of unbecoming actions or conduct include but are not limited to the following:

i. Cursing, harassment, or discrimination of and/or unwarranted physical contact with visitors, USACE personnel, or other contractors

ii. Recurring written and/or verbal complaints from visitors, USACE personnel, or other contractors.

iii. Unsafe operation of vehicles while on USACE property.

c. Removal of Contractor’s Employees - The TPOC may require the Contractor to immediately remove from the work site any employee of the Contractor or subcontractor, who, in the opinion of the TPOC, who endangers persons or property, or whose physical or mental condition is such that it would impair the employee’s ability to satisfactorily perform assigned work. Notification to the Contractor shall be promptly made in writing if time and circumstances permit.

Otherwise, notification shall be verbal or by telephone, and shall be confirmed in writing as soon as possible. No such removal, however, will reduce the Contractor’s obligation to perform all work required under this contract, and immediate replacement will be made as required. This requirement shall not be made the basis of any claim for compensation or damages against the United States or any of its officers or agents.

12. Quality Assurance – The contractor is responsible for the quality control of the contract work. The contractor shall establish and maintain a quality control system to assure compliance with the contract requirements. 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.

13. Inspections-

a. Contractor Quality Control - The Contractor is responsible for establishing and maintaining an adequate quality control system to satisfactorily inspect and ensure that all work performed by the Contractor’s organization in each separate service is in full compliance with this contract and the instructions, provisions, specifications, drawings, and maps herein.

b. General Inspection - Upon the completion of each service requirement, the Contractor will perform an inspection of all areas under this contract to ensure compliance with the Performance Work Statement. The Contractor or their representative must be able to commit personnel, equipment, and resources to correct deficiencies. A Government representative may accompany the contractor on an inspection of completed work and will identify any contract deficiencies.

Any deficiencies noted will be corrected within original contract time frames or appropriate deductions in payment will be made.

c. Equipment/Supplies Inspections - The TPOC may inspect required equipment and, supplies at any time when in use on Government property. Any equipment found deficient shall be removed from service immediately until faulty conditions have been corrected and passed by the TPOC. No such removal will reduce the Contractor’s obligation to perform all work required within the time scheduled under this contract. This requirement shall not be made the basis of any claim for compensation or damages against the United States or any of its officers or agents.

d. Government Inspections - The Government will monitor the Contractor’s service performance and make deductions accordingly.

14. 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 materials or supplies for the contractor and will not be responsible for damage to the contractor’s equipment or materials.

15. 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.

Part 2 Equipment:

1. Condition of Equipment– All equipment used to perform work under this contract must be in good operating and mechanical condition and comply with EM 385-1-1, Army Corps of Engineers Safety and Health Requirements. A regular schedule of preventive maintenance must be followed on all equipment. All vehicles utilized under this contract will be presentable, serviceable, and shall comply with safety standards.

2. Equipment Storage – No Government space or facilities shall be provided under this contract.

Part 3 Materials and Supplies:

1. Provided by Government:

a. N/A

2. Provided by Contractor:

a. 2,4-D or Florpyrauxifen-benzyl is the preferred chemical as specified by the State of New Hampshire Division of Pesticide Control Permit Applications for the water habitat present at the treatment locations.

b. The maximum amount of the formulation to be applied will be regulated by the final approved permit specifications.

c. The State of New Hampshire approved herbicide, along with specific application rates, concentrations, and maximums will be determined upon the final approved permit specifications.

Note: The Contractor shall submit one copy of the manufacturer’s Safety Data Sheet for each chemical proposed for use.

Part 4 Service Requirements:

Task 1 - Permit Application Coordination:

a. The U.S. Army Corps of Engineers Hopkinton-Everett Lakes Flood Control

Project is the applicant for the Special Permit Application – Aquatic; submitted to the NH Department of Agriculture, Division of Pesticide Control.

b. Upon receiving notification of approval, the Contractor will provide the TPOC with a complete original copy of the permit application, including all attachments.

The contractor must submit an original signed confirmation as the applicator to the NH Department of Agriculture, Division of Pesticide Control. The signed confirmation to the Division of Pesticide Control shall be sent certified mail, return receipt requested with a copy furnished to the TPOC.

c. Should it become necessary, the contractor will be required to attend public hearings at no additional cost to the Government.

Task 2 – Herbicide Treatment:

a. Prior to any treatment, the Contractor is responsible for creating and posting signs adjacent to treatment areas and in sufficient number to meet the specifications of the Special Permit.

b. The contractor shall apply an appropriate systemic aquatic herbicide to the treatment areas. The required treatment area(s) must be treated. The TPOC shall provide updated treatment maps to the Contractor upon receiving the spring assessment and recommendations report from the State of New Hampshire (Usually received between June 1 and June 15 of each spring).

The map(s) will indicate the Base treatment area(s) as well as any potential Option treatment area(s). Herbicide application rates shall follow manufacturer’s recommendations and accepted industry practice and be adequate to provide effective control within the target area. Dosage can be adjusted for shallower or deeper water depths based on manufacturer’s recommendations and specific permit requirements from the State of New Hampshire.

i. Herbicide Base Treatment Acres: The Base Treatment Acres contain the minimum treatment area required of approximately 40 acres at Everett Lake located in Weare, NH.

a. Base Treatment (Everett Lake): Treat 40 acres: Quantity of 1

b. See Area Map #1 and Treatment Map #2

ii. Herbicide Option Treatment Acre(s): The Option Treatment Acres contain options to treat additional acres above the Base acreage amount.

The Option Treatment Acres, if exercised, shall not exceed 70 total acres including the Base Treatment Acres per the water body designated in the State of New Hampshire Permit. The Option Treatment Acres shall be exercised in a manner to fulfill the recommended treatment acres designated by the State of New Hampshire’s spring assessment. (See Area Map #3).

1) Option #1: Treat One (1) Acre: Quantity of 5

2) Option #2: Treat Five (5) Acres: Quantity of 1

3) Option #3: Treat Ten (10) Acres: Quantity of 2

EXAMPLE: State Assessment Survey determines that total treatment should be 57 acres. That’s an additional 17 acres over the Base of 40 acres. The Final Award would look as follows:

Options Qty. Acres

1) Base 40 Acres 1 +40 acres

2) Option #1 1 acres 2 +2 acres

3) Option #2 5 acres 1 +5 acres

4) Option #3 10 acres 1 +10 acres Total 57 acres

c. A differential GPS system with at least 3-to-5-meter accuracy shall be used during the treatment to ensure 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.

d. The initial treatment(s) shall be completed before September 30, 2023 and will be determined based on the specifications of the approved permit from the Division of Pesticide Control. Any follow up treatments shall be completed no later than September 30, 2023. The treatment must be completed within two consecutive days.

Task 3 – Water Testing and Reporting:

a. Test water and submit required reports to the New Hampshire Division of Pesticide Control per permit requirements with copies furnished to the TPOC. The tests and reports include, but are not limited to, pre and post treatment surveys,

i. Post Treatment Surveys may be conducted within first ten (10) days of treatment, and no later than thirty (30) days after treatment.

b. In accordance with the Permit, post treatment herbicide residue sample shall be collected. This sample shall be collected on the tenth (10th) day and an analysis of the sample will be conducted by a private National Environmental Laboratory Accreditation Conference accredited laboratory.

Task 4 – Additional Water Testing and Reporting:

a. One additional water sample may be required if concentrations are in excess of thresholds established in the State of New Hampshire Permit.

b. The Contractor shall immediately notify the TPOC should the results of the previous samples indicate a need for additional sampling.

c. The additional sample shall be collected, with an analysis of sample conducted by a private National Environmental Laboratory Accreditation Conference accredited laboratory.

d. The Government is only obligated to pay for work completed.

Task 5 – Final Report:

a. Final Report – In accordance with Pes 603.03(c)(21), a brief report discussing the efficacy of treatment measures and recommendations for future monitoring and control. A map showing the actual differential GPS (DGPS) track of treatment boats relative to the treatment area. All product(s), quantities and concentrations used, by location. This document may be e-mailed to the TPOC in PDF format after the State of New Hampshire Review and Approval and no later than December 31, 2023).

Part 5 Service Locations:

1. Location:

The areas to be treated may include areas of Everett Lake and areas of Drew Lake and Canal #2.

2. Access:

a. Everett Lake is located in the Town of Weare, NH (See Area Map #1).

i. The main access to Everett Lake is obtained via the State boat launch located in Clough State Park; accessed coming from Concord, from Interstate 89, Exit 2 and south on Route 13 to Winslow Rd, Mansion Rd, to Everett Dam Rd.

b. Drew Lake is located in the Towns of Hopkinton and Weare, NH (See Area Map #3).

i. The main access to Drew Lake and Canal #2 is obtained via the public car top boat launch on Sugar Hill Rd; from Interstate 89, Exit 5, west on Route 202/9, accessed on the adjacent section of Stumpfield Rd on Route 202/9, and left onto Sugar Hill Rd.

3. Abutters:

The Government owns all of the land surrounding Everett Lake, Drew Lake and Canal #2 in fee. There are private drinking wells that may be affected by this milfoil treatment at the Drew Lake site. There are no public drinking wells located in Clough State Park. One private well onsite services the Everett Maintenance Office (approximately 2,500 feet from treatment). The Government will provide the successful Contractor with a map showing well locations no later than within two weeks of the contract being awarded.

ATTACHMENTS

PLEASE REFER TO THE ATTACHMENTS INCLUDED WITH THIS SOLICITATION FOR ADDITIONAL

INFORMATION.

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

MAR 2023

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

DEC 2022

52.217-5 Evaluation Of Options JUL 1990 52.219-6 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

MAR 2023

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

JAN 2023

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

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements JAN 2023 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 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

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…