Solicitation W912WJ23Q0114.pdf

SEE ADDENDUM

(No Collect Calls)

W912WJ23Q0114 17-Jul-2023

b. TELEPHONE NUMBER

978-318-8902

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 28 Jul 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

ALICIA N LACROSSE

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:

$9,500,000

NAICS:

561730

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 OF69

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.

W912WJ23Q0114

Section SF 1449 - CONTINUATION SHEET

INSTRUCTIONS TO VENDORS

PLEASE DIRECT QUESTIONS TO ALICIA N. LACROSSE AT (978) 318-8902 OR

ALICIA.N.LACROSSE@USACE.ARMY.MIL. THE SOLICITATION AND RESULTING CONTRACT

SHALL BE THE GOVERNING DOCUMENT IN ALL CASES.

** QUOTES CAN BE E-MAILED TO ALICIA N. LACROSSE AT

ALICIA.N.LACROSSE@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 (UEI 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

CHEMICAL VEGETATION CONTROL SERVICES

U.S. ARMY CORPS OF ENGINEERS

HOPKINTON EVERETT LAKES DAMS, CANAL, WEIRS, AND DIKES

HOPKINTON/WEARE/DUNBARTON, NEW HAMPSHIRE

Performance Work Statement

Bid Schedule

ITEM# TASK UNIT QTY UNIT PRICE TOTAL

1 HOPKINTON LOCATIONS

Approximately 51.43 Acres -Hopkinton Dam -Hopkinton Spillway -Canal #1 -Dike H-2 -Dike H-3 -North Weir -Elm Brook Park

Job 1

2 WEARE LOCATIONS Job 1

Approximately 12 Acres

-Everett Dam

-South Weir

3 DUNBARTON LOCATIONS Job 1 Approximately 15 Acres -Dike P-1 -Dike P-2

Total:

PERFORMANCE WORK STATEMENT

CHEMICAL VEGETATION CONTROL SERVICES

U.S. ARMY CORPS OF ENGINEERS

HOPKINTON EVERETT LAKES DAMS, CANAL, WEIRS, AND DIKES

HOPKINTON/WEARE/DUNBARTON, NEW HAMPSHIRE

PERFORMANCE WORK STATEMENT

I. General:

1. Scope – Furnish all labor, materials, transportation, permits, and equipment necessary to perform chemical vegetation control services at fifteen (15) locations within three towns around the Hopkinton Everett Lakes Project, totaling approximately 78.43 acres. The herbicide treatment shall be applied to all vegetation, including but not limited to woody vegetation, invasive plant species, noxious weeds, and/or grasses, on the rip-rap stone around the Hopkinton and Everett Dams, Canal, Weirs, and Dikes and to the vegetative growth in the Hopkinton Dam Spillway and areas of Elm Brook Park.

2. Location – The Hopkinton Lake Project Office is located at 2097 Maple Street, Hopkinton, New Hampshire. The Everett Dam is located at 395 Clough Park Road, Weare, New Hampshire. Work sites are located within the Hopkinton Everett Lakes Project in the towns of Hopkinton, Weare, and Dunbarton, New Hampshire.

3. Site Visit – Contact the Technical Point of Contact (TPOC) to arrange a site visit. The TPOC for the project is Natural Resource Specialist, Pascal Carter (978-318-8333, 603-746-3601 ext. 333, or pascal.a.carter@usace.army.mil.

4. Schedule – The period of performance shall be from the Contract Award Date until 31 October 2023. Work shall be performed Monday through Friday 7:00 AM to 3:30 PM unless otherwise approved by the TPOC. No work shall be done on weekends or Government holidays. The Pre-Work Conference shall be completed within 14 days of Contract Award.

All safety and product submittals shall be submitted, reviewed, and accepted within 30 days of Contract Award.

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 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. Accident Prevention Plan:

The Contractor shall prepare an Accident Prevention Plan (APP) specific to the activities being performed. It shall include Activity Hazard Analyses (AHA) as described below. A non-mandatory, fillable 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.

A preparatory meeting shall be conducted by the Prime Contractor to discuss the APP 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.

c. Emergency Response:

Emergency procedures shall be documented in the APP and will include a map with directions to the nearest hospital, emergency contact numbers, and onsite First Aid/CPR responders.

d. Required Personnel:

6. 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.

a. 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.

7. 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.

8. 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. 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.

NOTE: Work cannot begin until all safety paperwork and proposed chemical(s) are submitted and accepted by the Government.

9. 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.

10. Security – The Contractor will comply with all established security policies at the Hopkinton Everett Lakes 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.

11. Payment – The Contractor shall furnish the TPOC with one invoice after all work has been completed. 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.

NOTE: Final Payment may be held until the Contractor has returned any and all issued keys/cards to the TPOC at the completion of work. Any and all keys/cards are required to be physically handed to the TPOC, or if mailed, the Contractor assumes all responsibility for loss (which may include the cost of rekeying the applicable project).

All invoices may be mailed to:

U.S. Army Corps of Engineers Hopkinton Everett Lakes

Attn: Pascal Carter 2097 Maple Street Hopkinton, New Hampshire 03229

Or emailed to: Pascal.a.carter@usace.army.mil

II. Technical Requirements:

Part 1 General:

1. Summary – Furnish all equipment, materials, labor, permits, and transportation necessary to perform chemical vegetation control services at fifteen (15) locations around the Hopkinton Everett Lakes Project, totaling approximately 78.43 acres. This work shall be performed on the rip-rap stone on the Hopkinton Dam, Canal #1, Dike H-2, Dike H-3, North Weir, South Weir, Dike P-1, Dike P-2, and the Everett Dam and on the vegetative growth in the Hopkinton Dam Spillway and Elm Brook Park to remove undesirable vegetative growth, including but not limited to woody vegetation, invasive plant species, noxious weeds, and/or grasses. Services include chemically treating these areas with State approved chemicals using State approved application methods. 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. Vehicle access is generally available from various service roads granting access to the upper and lower areas along the embankments.

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. Pre-work Submittals: Submitted within 30 days of Contract Award.

Submittals must be accepted before the commencement of any field activities.

i. Accident Prevention Plan

ii. Activity Hazard Analysis

iii. Schedule of work

b. Other Submittals:

i. Permits: Completed, approved permit package from the State of New Hampshire – Prior to the start of field work.

ii. New Hampshire Authorized Commercial Applicator – Prior to the start of field work

iii. Chemical Utilization Report: For all chemicals and/or products used on-site – At the completion of field work

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

a. U.S. Army Corps of Engineers

i. EM 385-1-1 Safety and Health Requirements Manual, U.S. Army Engineering Manual; 2014

b. Code of Federal Regulations

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

Engineers, Department of the Army

c. Other appropriate federal, state, and local codes

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 Contractor must provide sufficient personnel, equipment, and materials to accomplish the services stated in the contract. The Contractor will coordinate a work schedule for each service and approximate times for beginning and ending each required service listed with the TPOC. Any proposed changes 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 Government shall provide the Contractor with gate keys to access all necessary locations. The Contractor shall supply his own means of communication (telephone). There is not a restroom available at the contract sites, and there is no access to potable water at the contract sites. 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 Qualifications –

a. Experience:

i. The Contractor shall be able to demonstrate at least 3 years’ experience with chemical herbicide treatments.

b. License and/or Certifications:

i. All work shall be performed by Qualified Personnel.

ii. The Contractor shall have the appropriate current license issued by the State of New Hampshire for the work required and shall obtain and comply with any other necessary licenses or permits prior to beginning any work.

iii. The Contractor shall provide documentation of the appropriate licenses and certifications to the TPOC.

12. 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 (1) 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 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, 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.

13. 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.

14. 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.

15. Receiving and Storing Materials –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.

16. 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. Type of Equipment-

a. The Contractor shall provide the appropriate equipment and tools of the trade to execute the requirements of the Performance Work Statement.

b. Type of equipment for this work may include, but not be limited to:

i. Hand tools such as saws, clippers, cutters, brushes, etc.

ii. Sprayers, foggers, and augers

iii. Chemical tanks, pumps, and mixing supplies

iv. Vehicles and all-terrain equipment

v. Other equipment related to chemical vegetation treatment as determined by the service requirements of this performance work statement

NOTE: Transportation and fuel costs to and from the project location shall be included in the bid amount for each location and service.

NOTE: No heavy equipment or machinery will be allowed to drive across the rip-rap slope of the dams, dikes, canal, or weirs unless approved in writing by the TPOC.

NOTE: The work outlined in this performance work statement may consist of treatment areas that DO NOT allow access for full-sized vehicles and treatment equipment. The treatment areas are typically steep rock armored slopes that may not be accessible by normal vehicles or all-terrain vehicles.

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

Part 3 Materials and Supplies:

1. Provided by Government:

a. Gate keys to access service areas.

2. Provided by Contractor:

a. All herbicides and/or chemicals for the Chemical Vegetation Control

i. All chemicals are to be applied in accordance with the manufacturer’s recommendations and in accordance with the State requirements. All applications will be in strict compliance with applicable federal and state laws and regulations and any USACE policies in a manner that protects human safety and the environment.

b. The Contractor shall submit one copy of the Manufacturer’s Safety Data Sheet for each chemical proposed for use on Government property to the TPOC for acceptance.

c. An official chemical tally sheet shall be provided to the TPOC with actual amounts, chemical(s) used, and areas treated.

Part 4 Service Requirements:

1. Chemical Vegetation Control:

a. A minimum of two (2) days prior to the start of spraying, the Contractor shall post informational flyers at each of the service locations to notify the public of the herbicide spraying. At a minimum, the informational flyer shall state the dates of spraying, type of chemical being sprayed, any potential side effects for humans or animals, and the Contractor’s contact information.

b. The Contractor shall furnish all labor, equipment, transportation, permits, and materials to perform Chemical Vegetation Control services to control all vegetation, including but not limited to woody plants, invasive plant species, noxious weeds, and/or grasses, on the Hopkinton and Everett Dams, Canal #1, North and South Weir, and Dikes H-2, H-3, P-1, P-2, the Hopkinton Dam Spillway and Elm Brook Park.

c. The Contractor shall chemically treat the specified areas with State approved chemicals using State approved application methods.

d. While applying chemicals, the Contractor shall take all precautions necessary for the protection of all persons, property, water resources, and natural resources, and will be held liable for any damages resulting from careless application of chemicals.

e. All chemicals shall be applied in accordance with the State of New Hampshire’s Rule PES 500 “Restrictions on the Application of Pesticides by Commercial Applicators and Permittees”.

f. No aerial applications shall be permitted.

g. Chemicals should not be applied during the following periods unless following the manufacturer’s guidelines and in accordance with the state permit and approval from the TPOC:

i. Twelve (12) hours before rain is predicted to occur.

ii. During any showers or rainstorms.

iii. During a twelve (12) hour period following a rainstorm.

iv. When wind velocity exceeds five (5) miles per hour.

v. On Saturdays, Sundays, or Government Holidays.

h. Forty-five (45) calendar days after completion of the herbicide application, the TPOC shall inspect the treated areas. If the herbicide application has less than a 90% kill rate, then the Contractor will be required to retreat the deficient areas within 30 days, at no additional expense to the Government.

i. The Contractor shall inform the TPOC when each of the service areas has been treated and considered to be “completed” by the Contractor so the 45 days can begin for that service area.

2. Chemical Utilization Report

a. At minimum, the annual report shall include:

i. Hours worked by location

ii. Chemicals used by location

iii. Amount of each chemical applied by location and acres

Part 5 Service Locations by Town: Service areas included are approximate.

NOTE: The work outlined in this performance work statement may consist of treatment areas that DO NOT allow access for full-sized vehicles and treatment equipment. The treatment areas are typically steep rock armored slopes that may not be accessible by normal vehicles or all-terrain vehicles. Contractor shall consult with the TPOC to determine which areas may require alternative equipment to complete the service requirements.

1. ITEM NO. 1 – Locations in Hopkinton, NH

a. The Hopkinton Dam, Hopkinton Lower Garage, Canal #1, and Dike H-2 are located at or can be accessed from 2097 Maple Street, Hopkinton, NH

i. Service area for these three structures and one garage area is approximately

32.03 acres.

ii. The Elm Brook Park Well and Elm Brook Park Ranger Station Well are located in close proximity to Dike H-2. Special attention shall be paid to spraying near these areas to prevent the contamination of the public water system. The Elm Brook Park Well is part of the Public Water System # 1197030.

b. Dike H-3 and the Hopkinton Dam Spillway are located approximately 3 miles from the Hopkinton Lake Project Office. Dike H-3 and the Lower Spillway areas can be accessed from Cressey Brook Road in Hopkinton. The Spillway Structure (Shown in Informational Map 1B) can be accessed from the end of Emerson Hill Rd in Hopkinton.

i. Service area for Dike H-3 is approximately 16.5 acres.

ii. Service area for the Hopkinton Dam Spillway is approximately 2 acres.

1. Access down into the Hopkinton Dam spillway is limited for full-sized vehicles. Full-sized vehicles can park above the spillway access road, but the access road may be too steep to safely descend and ascend. The use of ATVs or UTVs in the spillway to treat the specified areas is permitted.

2. Access to the Spillway Structure from the end of Emerson Hill Rd is made by passing through a locked gate in the chain link fence near the dead end of the road. The TPOC will show the Contractor where this gate is located.

c. The North Weir is located approximately 4 miles from the Hopkinton Lake Project Office on Sugar Hill Road by Drew Lake.

i. Service area is approximately 0.5 acres.

d. Elm Brook Park is located 1.2 miles from the Hopkinton Project office at the

Southeastern side of Dike H2 with a service area of approximately 0.40 acres as listed below:

i. Beach Parking Barricades. Service area is approximately 0.04 acres.

ii. Overflow Parking. Service area is approximately 0.10 acres.

iii. Radio Control Aviation Field parking. Service area is approximately 0.20 acres.

iv. Upper Restroom sidewalk and pad. Service area is approximately 0.06 acres.

e. Total service area in Hopkinton, NH is approximately 51.43 acres.

f. See Informational Maps 1, 1A, 1B, 2, 6, 7, 8, 9 and 10.

2. ITEM NO. 2 – Locations in Weare, NH

a. Everett Dam is located at 395 Clough Park Road, Weare, NH.

i. Service area is approximately 11.75 acres.

b. South Weir is located approximately 5 miles north of the Everett Dam off Concord

Stage Road.

i. Access to South Weir is from either Fox Hollow Dr. or Bassett Mill Rd.

ii. Service area is approximately 0.25 acres.

c. Total service area in Weare, NH is approximately 12 acres.

d. See Informational Maps 3 and 4.

3. ITEM NO. 3 – Locations in Dunbarton, NH

a. Dikes P-2 is located on Concord Stage Road in Dunbarton, NH.

i. Service area is approximately 5 acres.

b. Dike P-1 is located off Winslow Road in Dunbarton, NH.

i. Service area is approximately 10 acres.

c. Total service area is approximately 15 acres.

d. See Informational Map 5.

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

52.219-6 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)

52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

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

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)--

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use-

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, "No TikTok on Government Devices" Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor's employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEVIATION 2023-O0002) (DEC 2022)

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…