Solicitation W912WJ24Q0047.pdf

SEE ADDENDUM

(No Collect Calls)

W912WJ24Q0047 05-Feb-2024

b. TELEPHONE NUMBER

978-318-8324

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 16 Feb 2024

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:

$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 OF60

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.

W912WJ24Q0047

Section SF 1449 - CONTINUATION SHEET

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

INSTRUCTIONS TO VENDORS

QUESTIONS REGARDING SOLICITATIONS:

1. Questions regarding the solicitation shall be directed to the Contract Specialist:

a. Name:

b. Phone:

c. Email:

2. Technical Points of Contact shall not provide responses to interested vendors.

QUOTE SUBMISSION:

1. Quotes shall be submitted to the Contract Specialist listed above no later than the closing date and time identified in the solicitation or subsequent amendments.

2. The Government is under no obligation to consider any quote received after the solicitation closing date or time.

BID SCHEDULES:

1. If a Bid Schedule is included in the solicitation, vendors shall complete the bid schedule in its entirety

(all tasks, all years).

2. Failure to complete the Bid Schedule in its entirety and return same with a quote will result in quotes being deemed non-responsive.

SITE VISITS:

1. If dates/times for site visits are included in the solicitation, then interested vendors will be permitted to visit the site during those dates/times. No other dates/times will be permitted for site visits.

2. If no dates/times for site visits are included in the solicitation, then interested vendors shall contact the

Technical Point of Contact as identified in the solicitation to schedule a site visit.

SYSTEM FOR AWARD MANAGEMENT (SAM) REGISTRATIONS:

1. In accordance with FAR Clause 52.204-7:

a. Vendors are REQUIRED to be registered in SAM when submitting a quotation and shall continue to be registered until time of award, during performance, and through final payment.

b. “Registered” in SAM means that the Government has marked the record “Active”.

2. The Government will deem quotes non-responsive from vendors that do not have an active SAM at the time of quote submission.

Provide Unique Entity Identifier (UEI): ___________________________

Provide CAGE code: ____________________________

SUBMITTALS:

1. Submittals (Accident Prevention Plan, Activity Hazard Analyses, Products, etc.) and

Certifications/Licenses (10-hour OSHA, 30-hour OSHA, Competent Person in Fall Protection, Electrician’s License, etc.) required by this solicitation are not to be submitted with a quote. The awarded Contractor will be required to provide all submittals and certifications within the time stated in the solicitation and resultant contract. Failure to do so may result in termination.

BASIS OF AWARD:

1. Potential vendors are notified that the basis on which award will be made is price alone.

2. All responsible sources may submit a quote which, if timely received, must be considered by the Agency.

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

TREE REMOVAL

U.S. ARMY CORPS OF ENGINEERS

EDWARD MACDOWELL LAKE

PETERBOROUGH, NEW HAMPSHIRE

PERFORMANCE WORK STATEMENT

Bid Schedule

Item

Task Unit Quantity Unit Price Total

1 Edward MacDowell Lake East Dam Abutment Tree Removal

Job 1

2 Edward MacDowell Lake Maintenance Area Tree Removal

3 Edward MacDowell Lake Overflow Parking Tree Removal

TREE REMOVAL

U.S. ARMY CORPS OF ENGINEERS

EDWARD MACDOWELL LAKE

PETERBOROUGH, NEW HAMPSHIRE

I. General:

1. Scope – Furnish all labor, materials, and equipment necessary to perform tree removal at three (3) locations at the Edward MacDowell Lake Project totaling seventy (70) trees. See Exhibits A through D for work locations. This work shall include the cutting, removal, mulching or chipping of brush, shrubs, and trees according to the site location and description. There may be trees that exhibit higher hazard to personnel, property or infrastructure in their condition or precarious location that are included in this work. Work may be in wet areas, on steep slopes and/or uneven terrain, depending on the site conditions.

2. Location – The Edward MacDowell Lake Project is located at 75 Wilder Street, Peterborough, NH 03458 in Hillsborough County. Specific work sites are located within the project property and are described within this Performance Work Statement.

3. Site Visit – Contact the Technical Point of Contact (TPOC) to arrange a site visit. The TPOC for the project is Park Ranger, Caleb Blakeslee (978) 318-8473 caleb.j.blakeslee@usace.army.mil

4. Schedule – The period of performance will be from contract award to April 30, 2024. All designated trees are to be felled by April 14, 2024. Work shall be performed Monday through Friday 7:00 AM to 4:00 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 pre-work submittals shall be submitted within 21 days of contract award. The Government reserves up to 21 days for review and acceptance on each submittal/resubmittal from the date of receipt. If revisions are necessary to the submittals, the Contractor shall make such revisions and shall be resubmitted to the Government in an acceptable form within 14 days of the Government’s response, unless additional time is granted by the Government in writing. No field work may proceed prior to the acceptance of pre-work submittals.

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 (AHAs) 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 affected 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:

The Contractor shall employ a minimum of one Competent Person (CP) at each project site to function as the Site Safety and Health Officer (SSHO). The SSHO shall be present at the project site and report to the contractor’s upper management. The SSHO is required to have related construction experience and have at a minimum completed a 10 Hour OSHA training.

In addition, 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.

Note: Other Competent or Qualified Persons may be required per EM 385-1-1 and/or other sections of this Performance Work Statement, based on the characteristics of the tasks.

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. Specific Safety Section(s) – Specific safety requirements shall be followed if applicable.

The following list identifies potential subjects/activities/equipment that may require additional safety planning and requirements if the contractor utilizes such for work related to this Performance Work Statement. The list identifies sections of EM 385-1-1 and may not cover all methods that could be utilized to complete the required work. It is the Contractor’s responsibility to ensure all work activities are completed in accordance with the requirements of EM 385-1-1.

a. Cranes / Load Handling Equipment (LHE) (applicable when cranes or load handling equipment will be brought on site and used in the commission of work):

i. General: All load handling and crane operations are required to be completed in accordance with EM 385-1-1, Section 16. These requirements are applicable to load handling equipment (LHE) to include cranes, derricks, hoists and power-operated equipment that can be used to raise, lower and/or horizontally move a suspended load. This includes excavators, forklifts, and other equipment when used with rigging.

ii. A Critical Lift Plan is required to be submitted and accepted by the Technical Point of Contact prior to any lifting operations. USACE can provide a non-mandatory, fillable template plan. However, the contractor is permitted to submit their own plan, at a minimum it must include the items listed in EM 385-1-1, Section 16.H.

b. Fall Protection (applicable when using equipment such as, but not limited to, bucket trucks or aerial platforms in order to fell trees):

i. General: The requirements of this section are applicable to contractors when their employees are working at heights above 6 feet, exposed to fall hazards, and/or using fall protection equipment. Every Contractor is responsible for establishing, implementing, and managing a fall protection program in accordance with EM 385- 1-1, Section 21.

ii. Submittals: A site-specific Fall Protection and Prevention Plan is required to be submitted and approved by the Technical Point of Contact prior to any work being completed at heights. USACE can provide a non-mandatory, fillable template plan.

However, the contractor is permitted to submit their own plan, at a minimum it must address the items listed in EM 385-1-1, Section 21.D.01.

iii. A Competent Person (CP) shall be onsite at all times while work at heights is being performed. The CP must be designated in writing and be trained in accordance with EM 385-1-1, Section 21.C.04. This includes a minimum of 24 hour CP in fall protection training made up of classroom and practical hands-on components.

NOTE: CPs may only approve non-certified anchorages that are capable of withstanding 5000 lbs. of force. All other anchorages and horizontal lifelines must be certified by a Qualified Person or engineer with related experience.

iv. Personal Fall Arrest System Requirements (PFAS): All PFAS shall meet the requirements contained in ANSI Z359, Fall Protection Code, to include fall restrain and positioning systems. A PFAS consist of a full body harness, connecting means, and an anchorage system.

c. Tree Maintenance and Removal (applicable for all work included in this Performance Work Statement):

i. All tree maintenance and removal activities are required to be completed in accordance with EM 385-1-1, Section 31. The work shall be completed by a Qualified Tree Worker who through related training and on the job experience, is trained on the proper use of the equipment, specialized techniques, and associated hazards. Acceptable credentials for a Qualified Tree Worker include but are not limited to: Certified Arborist, Licensed Tree Expert, Certified Tree Care Professional, Certified Tree Climber, and Certified Utility Safety Professional.

ii. Tree Climbers must be medically cleared for unlimited tree climbing every 2 years by a Health Care Provider in accordance with EM 385-1-1, Section 31.3.b.

iii. A Tree Maintenance and Removal Plan is required when tree maintenance and/or removal activities are performed. The plan must be developed by a Qualified Tree Worker in accordance with EM 385-1-1 Section 31.7.

7. Flooding – Edward MacDowell Lake is primarily a Flood Risk Management Project.

Occasional retention of floodwaters may inundate portions of the dam property or access roads in the areas covered by this contract. The TPOC will notify the Contractor 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 be physically present to attend this meeting. The Contractor shall directly oversee all work on the project and the Project Manager and Quality Control Personnel shall have the authority to act for the Contractor. 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 (Submitted & accepted prior to start of work on site)

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.

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 Edward MacDowell Lake 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 per month. 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

Attn: Caleb Blakeslee Edward MacDowell Lake

75 Wilder Street Peterborough, NH 03458

Or emailed to: caleb.j.blakeslee@usace.army.mil

II. Technical Requirements:

Part 1 General:

1. Summary – Furnish all equipment, materials, labor, and transportation necessary to perform mechanical vegetation removal at three (3) locations around the Edward MacDowell Lake Project. This work shall include the cutting, removal, mulching or chipping of brush, shrubs, and trees according to the site location and description.

There may be trees that exhibit higher hazard to personnel, property or infrastructure in their condition or precarious location that are included in this work. Work may be on steep slopes and/or uneven terrain, depending on the site conditions. 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.

2. Submittals – Although the Government reviews submissions 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 Government reserves up to 21 days for review and acceptance on each submittal/resubmittal from the date of receipt. If revisions are necessary to the submittals, the Contractor shall make such revisions and shall resubmit to the Government in an acceptable form within 14 days of the Government’s response, unless additional time is granted by the Government in writing.

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.

Pre-work: Submitted within 21 days of contract award. Submittals must be accepted prior to the commencement of any field work activities.

Accident Prevention Plan Activity Hazard Analysis Any applicable specific safety plans/documents i.e., Load Handling

Equipment; Tree Maintenance and Removal, etc.

All Certifications and Licenses as determined by the scope of 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.

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. State of New Hampshire (RSA)

i. RSA 227-J:10 – Slash Law

d. Other appropriate federal, state, and local codes for such an installation.

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 and equipment to accomplish services stated in the contract. The Contractor will coordinate a work schedule for each service, and approximate times for beginning and ending of each required service listed with the TPOC. Any changes or alterations to the schedule must be 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 daily 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 will provide gate access to all necessary locations. The Government has a public restroom available to the contractor at the Project Office. There is not access to potable water at the contract site. The Contractor would have to provide this resource or have an acceptable alternative plan for this resource. The Government will assist in restricting public access to potentially unsafe work areas.

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 Mechanical Brush and Tree Removal.

b. License and/or Certifications -

i. All work shall be performed by Qualified Personnel

ii. The Contractor shall have the appropriate current license/certification issued by the State for the work required and equipment being used and shall obtain and comply with any other necessary licenses, certifications, 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 (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(s).

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.

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 always 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 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.

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. Types of equipment for this work may include but not be limited to:

i. Non-Motorized hand tools such as Hand saws and Loppers

ii. Small, motorized hand tools such as Chainsaws and Brush Cutters

iii. Small to industrial sized Chippers

iv. Bucket Trucks, Boom Trucks or Cranes to assist in the removal of trees.

v. Other equipment related to vegetation removal 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 riprap slope of the dam, dike, spillway, and terrace or levee unless approved in writing by the TPOC.

NOTE: Use caution around aerial power lines and/or buried utility lines or infrastructure that may exist at work sites. The TPOC will show the Contractor areas where buried utilities and infrastructure are located.

Part 3 Service Description:

1. Tree Removal:

a. The Contractor shall remove trees of varying size from three (3) inches diameter at breast height (DBH) and above. All trees needing removal will be flagged by the Government. This may include trees that have already fallen into the designated work areas.

b. Trees shall be felled, all branches/limbs from said trees shall be chipped or removed, and the stumps shall be cut flush with the ground. All logs from trees felled, shall be removed from Edward MacDowell Lake property.

c. The contractor may remove other woody vegetation within the work area that is less than three (3) inches DBH if, the removal of that vegetation will make a tree removal safer. All woody vegetation cut shall be chipped or removed from Edward MacDowell Lake property.

2. Hazard Tree Removal:

a. The Contractor shall remove trees and parts of trees that have become a hazard (or the process of removing said trees will cause a hazard) to personnel, property, or infrastructure.

b. The trees will range in size and are likely in a precarious position with the likelihood of placing property or infrastructure at risk during the removal.

c. Whole or partial trees felled, shall have all branches/limbs from said trees chipped or removed and any stump shall be cut flush with the ground. Any log from said trees, shall be removed from Edward MacDowell Lake property.

d. The contractor may remove other woody vegetation within the work area that is less than three (3) inches DBH if, the removal of that vegetation will make a tree removal safer. All woody vegetation cut shall be chipped or removed.

e. Some tree removals may require the use of specialized equipment due to the size and/or location of the tree.

3. Wood Chipping:

a. The Contractor shall chip all brush, shrubs, trees, and tree limbs.

b. Wood chips may be broadcasted into the adjacent wooded area, transported to the site designated by TPOC (see Exhibit A) or removed from Edward MacDowell Lake Project lands. No wood chips or debris from wood chipping shall be left in any ditch line, paved roadway, gravel roadway, or maintained grass area. No wood chip piles shall exceed one (1) foot in height or seventy-five (75) feet in diameter.

c. Trees and tree limbs not chipped must be taken offsite by the contractor unless directed otherwise by the TPOC.

Part 4 Service Requirements:

1. Edward MacDowell Lake East Dam Abutment:

a. Tree Removal: Cut and remove thirty-one (31) trees ranging from eight (8) inches to thirty-eight (38) inches diameter at breast height. All trees designated for removal have been flagged by the Government with orange flagging tape.

Trees or any debris from felling trees must be removed from Edward MacDowell Lake Project lands or chipped, unless otherwise directed by the TPOC.

i. Some trees at this location may be deemed as a Hazard Tree Removal due to tree health or tree location.

ii. Care shall be taken as to not damage any Government property or infrastructure within the tree felling area.

iii. No tree shall be felled onto the dam slope.

b. Aerial photo of work area shown in Exhibit B.

2. Edward MacDowell Lake Maintenance Area:

a. Tree Removal: Cut and remove twenty-four (24) trees ranging from four (4) inches to twenty (20) inches diameter at breast height. All trees designated for removal have been flagged by the Government with orange flagging tape. Trees or any debris from felling trees must be removed from Edward MacDowell Lake Project lands or chipped, unless otherwise directed by the TPOC.

i. Some trees at this location may be deemed as a Hazard Tree Removal due to tree health or tree location.

ii. Care shall be taken as to not damage any Government property or infrastructure within the tree felling area.

b. Aerial photo of work area shown in Exhibit C.

3. Edward MacDowell Lake Overflow Parking:

a. Tree Removal: Cut and remove fifteen (15) trees ranging from twelve (12) inches to thirty (30) inches diameter at breast height. All trees designated for removal have been flagged by the Government with blue and white flagging tape.

Trees or any debris from felling trees must be removed from Edward MacDowell Lake Project lands or chipped, unless otherwise directed by the TPOC.

i. Some trees at this location may be deemed as a Hazard Tree Removal due to tree health or tree location.

ii. Care shall be taken as to not damage any Government property or infrastructure within the tree felling area.

b. Aerial photo of work area shown in Exhibit D.

Part 5 Service Locations:

1. ITEM NO. 1 – Edward MacDowell Lake East Dam Abutment

a. Access: Site can be accessed from the Edward MacDowell Lake Dam Toe Road

(see Exhibit A) through a locked gate off Wilder Street in Peterborough, NH. The Dam Toe Road can be utilized to stage and/or store equipment during site work.

The Dam Toe Road has no outlet and no turn around. It would be suggested that any trailer be backed down the Dam Toe Road. The grass field at the end of the road is not to be utilized as a turn around.

b. Site information: The work area has sloped and uneven terrain. There are guardrails, the southern dam slope, and Wilder Street as potential felling hazards.

Public visitation occurs in the area and work site must have proper signage.

c. Work area shown in Exhibit B.

2. ITEM NO. 2 – Edward MacDowell Lake Maintenance Area

a. Access: Site can be accessed from the Edward MacDowell Lake Overflow

Parking Area located off 75 Wilder Street, Peterborough, NH. Work site is just off this parking area. The Overflow Parking Area can be utilized to stage and/or store equipment during site work. Trailers can be turned around in this area.

b. Site Information: The work area has slightly uneven terrain. There is a single bay garage, fuel locker, and a chain link fence as potential felling hazards in this area. Public visitation occurs in the area and work site must have proper signage.

c. Work area shown in Exhibit C.

3. ITEM NO. 3 – Edward MacDowell Lake Overflow Parking

a. Access: Site can be accessed from the Edward MacDowell Lake Overflow

Parking Area, located off 75 Wilder Street, Peterborough, NH. Work site is across the paved park roadway from the parking area. The Overflow Parking area can be utilized to stage and/or store equipment during site work. Trailers can be turned around in this area.

b. Site Information: The work area has sloped and uneven terrain. There is a light pole and road gate that are potential felling hazards in the area. Public visitation occurs in the area and work site must have proper signage.

c. Work area shown in Exhibit D.

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

SEP 2023

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

NOV 2023

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

52.237-1 Site Visit APR 1984 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 NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 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

NOV 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…