Solicitation_W912WJ24Q0065.pdf

SEE ADDENDUM

(No Collect Calls)

W912WJ24Q0065 20-Feb-2024

b. TELEPHONE NUMBER

9783188255

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 05 Mar 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

ANN M ADLEY

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

U S ARMY ENGR DISTRICT, NEW ENGLAND

696 VIRGINIA RD

CONCORD MA 01742-2751

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: 978-318-8159 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$19,000,000

NAICS:

541380

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 OF64

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.

W912WJ24Q0065

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: Ann Murphy Adley

b. Phone: 978-318-8255

c. Email: Ann.M.Adley@usace.army.mil

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

U.S. ARMY CORPS OF ENGINEERS

POTABLE AND NON-POTABLE WATER TESTING

EDWARD MACDOWELL LAKE

PETERBOROUGH, NH

PERFORMANCE WORK STATEMENT

FEBRUARY 2024

Bid Schedule Base Year

TASK / ITEM NUMBER UNIT QTY

UNIT

PRICE

TOTAL

1. Total Coliform and E. coli (Private Drinking Water)

December & March

EA 1

2. Total Coliform and E. coli (Public Drinking Water) Monthly

3. E. coli (Beach) Weekly

4. Nitrate as N (Private Drinking Water and Public

Drinking Water) Annually

5. Field Support/ Retesting – Total Coliform and E. coli

(PWS and Beach) As-Needed

TOTAL

NOTES:

1. The Unit Price (EA) includes the Combined Hourly Rate, mileage, supplies, materials, fuel and testing to support the specified task.

POTABLE AND NON-POTABLE WATER TESTING

EDWARD MACDOWELL LAKE

PETERBOROUGH, NH

Option Year 1

PRICE

TOTAL

1. Total Coliform and E. coli

EDWARD MACDOWELL LAKE

PETERBOROUGH, NH

Option Year 2

PRICE

TOTAL

1. Total Coliform and E. coli

EDWARD MACDOWELL LAKE

PETERBOROUGH, NH

I. General:

1. Scope – The Contractor shall furnish all labor, equipment, transportation, and materials necessary to execute both potable water and non-potable (public beach) collection and analyses at Edward MacDowell Lake (EML) Project Office and Park within the Merrimack River Basin that meet State and Federal regulations to protect public health as described below. Services include provision of appropriate sampling containers, sample collection, public water system assessments as required by New Hampshire, as well as analysis of water samples.

2. Location – Edward MacDowell Lake Project Office and Park are located at 75 Wilder Street in Peterborough, 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, Joshua Levesque (978-318-8304, or Joshua.S.Levesque@usace.army.mil).

4. Schedule – The period of performance shall be from the Contract Award Date through 31 December 2024. In addition, the Government may exercise two (2) optional years with the same scope of services. Option Year 1 will have a period of performance of 1 January 2025 through 31 December 2025. Option Year 2 will have a period of performance of 1 January 2026 through 30 December 2026. Project areas will be open to the Contractor Monday through Sunday 8:00 AM to 7:00PM during the recreation season (May through September) and Monday through Friday 7:00 AM to 3:30 PM during the remainder of the year. All work must be scheduled and completed during those hours unless additional hours are approved by the TPOC. No work shall be done on Fridays, weekends or Government holidays unless approved by the TPOC. 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.

NOTE: Sample acceptance shall be Monday-Thursday, and occasional Friday and weekends/holidays for retesting as needed.

The following tables identify the line-item number, description, and frequency of services.

Line Item # Method Qty Frequency

1. Total Coliform and E. coli (In potable water) [Private Drinking Water at EML Project Office]

SM 9223B; or comparable approved method capable of simultaneous "rapid" (18-hr or less) quantification of Total Coliform and E. coli SM 9223B Quanti-Tray (EPA Approved).

2 December & March

2. Total Coliform and E. coli (In potable water) [Public Drinking Water at EML Project Office]

SM 9223B; or comparable approved method capable of simultaneous "rapid" (18 hour or less) quantification of Total Coliform and E. coli SM 9223B Quanti-Tray (EPA Approved).

5 Monthly (May-

September)

3. E. coli (At beach)

SM 9222B; or comparable approved method capable of simultaneous detection and enumeration of E. coli in 24-hours or less.

OR

SM 9223B, or comparable approved method capable of simultaneous "rapid" (18 hour or less) quantification of Total Coliform and E. coli SM 9223B Quanti-Tray (EPA approved).

16 Weekly (May -

September) *

(In potable water) [Private Drinking Water and Public Drinking Water]

EPA 353.2, or comparable approved method capable of 0.1 mg/l detection limit. EPA 300.0

IC.

4 Annual

5. Field Support/ Retesting - Total Coliforms and E. coli (Potable water and beaches)

Failure Investigation/Technical Support and retesting

8 As-Needed

*NOTE: Presence/Absence coliform methods are unacceptable.

5. Safety Requirements – All work shall be conducted in accordance with the U.S. Army

Corps of Engineers (USACE) Safety and Health Requirements Manual (EM 385-1-1, most recent edition), and all applicable Occupational Safety and Health Administration (OSHA), federal, state, and local safety and health requirements. A copy of EM 385-1-1 can be accessed at the project office or electronically at Headquarters USACE website under publications using the following link:

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

Project staff reserve the right to cease work at any time should the safety of employees, Contractors, and/or the public become jeopardized.

a. Abbreviated Accident Prevention Plan:

The Contractor shall prepare an Abbreviated Accident Prevention Plan (AAPP) specific to the activities being performed. It shall include Activity Hazard Analyses (AHAs) as described below. A non-mandatory, fillable AAPP template is available upon request.

However, the Contractor is permitted to submit their own plan; at a minimum it must meet the requirements of EM 385-1-1, Appendix A.

A preparatory meeting shall be conducted by the Prime Contractor to discuss the AAPP contents with all effected onsite employees. The Prime Contractor is responsible for informing their subcontractors of the safety provisions under the terms of the contract, the penalties for noncompliance, and inspecting subcontractor operations to ensure that accident prevention responsibilities are being carried out.

b. Activity Hazard Analysis:

An AHA shall be submitted for each major phase of work. A major phase of work is defined as an operation involving a type of work presenting hazards not experienced in previous operations or where a new subcontractor or work crew is to perform the work.

The analysis shall define all activities to be performed, identify the sequence of work, the specific hazards anticipated, and the control measures to be implemented to eliminate or reduce each hazard to an acceptable level. The AHA shall be continuously reviewed and revised to address changing site conditions as appropriate.

c. Emergency Response:

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

d. Required Personnel:

The Contractor shall designate one employee as the site’s Competent Person (CP) who is responsible for ensuring a safe environment for all employees. The CP shall be present at the project site and report to the Contractor’s upper management. The CP is required to have related construction and/or service experience.

When emergency medical services are not accessible within five (5) minutes of the work location and there are two (2) or more workers onsite, at least two (2) employees shall be trained in First Aid and CPR. Minimum qualifications are listed in EM 385-1-1, Section 03.A.02.c.

e. Accident Reporting:

All accidents and near misses shall be investigated by the Contractor. All work-related recordable injuries, illnesses, and property damage accidents (excluding on-the-road vehicle accidents), in which the property damage exceeds $5,000.00, shall be verbally reported to the TPOC within four (4) hours of the incident. Serious accidents as described in EM 385-1-1 Section 01.D shall be immediately reported to the TPOC. ENG Form 3394 shall be completed and submitted to the TPOC within five (5) working days of the incident.

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

6. Flooding – 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.

7. Changes to Frequency and/or Quantities - The Government reserves the option, should it become necessary, to decrease or increase service frequencies and/or facility quantities in any or all project areas. The Government may also, at any time during the duration of this contract, close any property or portion of the property and delete any subsequent service in the closed property or area. The Contractor shall be given adequate notification to prepare for either contingency. This decrease or increase will be deducted from or paid for in accordance with the bidding schedule or a negotiated cost. For increases in services, a formal modification will be issued, signed by the Contracting Officer prior to the performance of services. In addition, the TPOC may, on special occasions, decide to reschedule a service frequency in order to avoid conflict with visitation or unnecessary expense. The quantity of frequencies of individual tasks in the contract are estimated, they are not guaranteed. A minimum of twenty-four (24) hours notification shall be given to the Contractor in such cases.

8. Pre-Work Conference – Prior to the start of any work, the Technical Point of Contact 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 Technical Point of Contact to outline the procedures that will be followed by the Government in its administration of the contract, and to discuss the performance that will be expected from the Contractor. This conference will allow the Contractor an opportunity to ask questions about the Government’s administration and inspection of contract work or obtain other pertinent information that might be required. At the Pre-Work Conference the contractor shall provide the name of the project superintendent with a telephone number for project coordination.

The following is a general list of items for discussion during this Pre-Work Conference:

i. Authority of the Technical Point of Contact and Quality Assurance Inspectors

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

iii. Abbreviated Accident Prevention Plan and Activity Hazard Analysis (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 Quality Control Plan

viii. Contractor’s Equipment

ix. Correspondence, Communication, Security and Administrative Procedures

x. 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 Edward MacDowell Lake. 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 Edward MacDowell Lake

75 Wilder Street Peterborough, New Hampshire 03458

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

II. Technical Requirements:

Part 1 General:

1. Summary – The Contractor shall furnish all labor, equipment, transportation, and materials necessary to execute both potable water and non-potable (public beach) collection and analysis at the Edward MacDowell Lake Project, containing 1 private/public well (depending on time of year) and 1 beach, within the Merrimack River Basin. Each location shall be tested at the appropriate intervals that meet State and Federal regulations to protect public health. Services include provision of appropriate sampling containers, sample collection, public water system assessments as required by New Hampshire, as well as analysis of water samples. 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:

a. Pre-Work Submittals: Submitted within 21 days of Contract Award. Submittals must be accepted prior to the commencement of any field activities.

i. Abbreviated Accident Prevention Plan

ii. Activity Hazard Analysis

iii. Certifications & Licenses for the Base Year and annually for each Option Year

b. Other Submittals:

i. Notification of Coliform Results - The laboratory must notify the USACE Water Quality TPOCs, by phone or other approved method, with coliform results as soon as results become available, no later than noon the day following sample collection to meet the State and Federal notification timeframe.

ii. Written Results shall be made within 30 days of sample acceptance. The written submittal shall include the data type, sample location, initials of analyst, reviewer signature, sample date and time, acceptance date and time, analytical method utilized, quantities, unit of measure, contract number, dates of service, and description of work, as applicable and required by State and EPA guidelines.

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

a. U.S Army Corps of Engineers (USACE)

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

b. Code of Federal Regulations (CFR)

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

Engineers, Department of the Army.

c. NH RSA 485 Safe Drinking Water Act

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

6. Clean Up and Waste Disposal – The Contractor shall practice good housekeeping to maintain a safe job site. The Contractor shall keep the work area, including any designated storage areas, free from accumulation of waste materials. Upon completing work in an area, the Contractor shall remove any tools, equipment, and materials that are not the property of the Government. Any and all disturbed areas resulting from Contractor activities shall be restored by the Contractor to the satisfaction of the TPOC.

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

7. Environmental Protection –Water, air, and land resources shall not be adversely impacted during the course of the work. The Contractor will take necessary steps to ensure all federal, state, and local environmental regulatory requirements are met at no additional cost to the Government. Assurance of compliance with this section by subcontractors shall be the responsibility of the Contractor.

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

9. Government Resources – The Contractor shall supply their own means of communication (telephone). The Contractor is responsible for providing all materials to complete the services. Unless specified in the contract, the Government will not provide any equipment, electricity, telephone services, or other resources.

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

11. Contractor’s Personnel –

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

Note: At least one (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/employees.

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

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

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

iii. Unsafe operation of vehicles while on USACE property.

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

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

12. Quality Assurance – The Contractor is responsible for the quality control of the contract work. The Contractor shall establish and maintain a quality control system to assure compliance with the contract requirements. The Government has the right to inspect and test all items called for by the contract, to the extent practicable at all times and at all places during the term of the contract.

13. Inspections-

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

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

c. Equipment/Supplies Inspections - The TPOC may inspect required equipment and, supplies at any time when in use on Government property. Any equipment found deficient shall be removed from service immediately until faulty conditions have been corrected and passed by the TPOC. No such removal will reduce the Contractor’s obligation to perform all work required within the time scheduled under this contract.

This requirement shall not be made the basis of any claim for compensation or damages against the United States or any of its officers or agents.

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

14. Receiving and Storing Materials –The Contractor is responsible for protecting any stored material until it is placed in service. The Contractor is responsible for receiving and unloading of delivered goods. Government employees will not receive materials or supplies for the Contractor and will not be responsible for damage to the Contractor’s equipment or materials.

15. Omissions – This contract may not cover all specified activities, steps, and procedures required to supply the contract product. In case of omission, the normal industry, state, or federal standards, practices, specifications, and/or guides shall prevail. In no instance shall an omission be reason to produce less than an acceptable product.

Part 2 Service Requirements:

1. General: The Contractor shall furnish all labor, equipment, transportation, and materials necessary to execute both potable water and non-potable (public beach) collection and analysis at the Edward MacDowell Lake Project, containing 1 private/public well (depending on time of year) and 1 beach, within the Merrimack River Basin. Each location shall be tested at the appropriate intervals that meet State and Federal regulations to protect public health. Services include provision of appropriate sampling containers, sample collection, public water system assessments as required by New Hampshire, as well as analysis of water samples. 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. Laboratory and Technician Requirements:

a. State of New Hampshire potable water accreditation for the specific method/analysis per New Hampshire Safe Water Drinking Act.

b. State of New Hampshire non-potable water accreditation for E. coli.

c. State of New Hampshire certified Public Water System (PWS) operator of a classification sufficient to perform Level 2 Assessments on small transient non-community water systems as may be required by New Hampshire drinking water regulatory agencies.

d. Experienced trained laboratory staff available to perform beach monitoring, including occasional weekends and holidays. Beach monitoring includes beach sample collection and recording field observations common to natural and unnatural water phenomena, including, recognizing the presence of algae and cyanobacteria, common birds and freshwater fish, tracks, feces, and other indicator of water quality.

e. Sample acceptance shall occur Monday-Thursday, and occasionally Friday and weekends/holidays as needed for retesting.

f. Notify the TPOC as soon as results become available; for coliform or E. coli results, no later than noon the following day to meet the beach notification timeframe.

3. Service Tasks:

a. Potable Water Samples: Potable water samples shall be collected year-round and hand-delivered to the lab.

i. Laboratory analysis of potable water samples shall be performed in accordance with State approved analytical methods.

ii. Bacterial samples shall be analyzed as soon as is possible. Maximum sample holding times must be met (6-hr for source samples).

iii. Most Probable Number (MPN) Colony counts must be reported to the Water

Quality Program representative (identified at the Pre-work Conference) and TPOC as soon as they become available; no later than noon the day following collection. This reporting time is essential to optimal public safety and allows for timely management of postings, closures and reopening of systems and to meet State reporting requirements (notification must be received before the end of their workday).

In order to achieve this, samples must be received by the lab no later than

2:00pm the day sampled as the bacteriological tests take 18-hours plus setup beforehand and reading the results afterwards. State mandated data reporting requirements for all public water systems must be adhered to.

iv. Written reports and invoices shall be provided to the TPOC within 30 days of sample collection.

v. Bacteriological work must be performed on the premises. Bacteriological work may not be subcontracted. Routine analytes include Total Coliform, Escherichia coli (E. coli), Nitrates and Nitrites.

b. Non-potable Water (Beach) Samples

i. Laboratory analyses of surface waters for E. coli must be performed in accordance with State approved methods.

ii. Bacterial samples shall be analyzed as soon as is possible. Holding times must be met. Samples will come from Edward MacDowell Lake Park Beach.

iii. Most Probable Number (MPN) Colony counts must be reported to the TPOC as soon as they become available; no later than noon the day following collection.

This reporting time is essential to optimal public safety and allows for timely management of postings, closures and reopening of beaches.

In order to achieve this, samples must be received by the lab no later than

2:00pm of the day sampled since bacteriological tests take 18-hours plus set-up beforehand and reading results afterwards.

iv. Written reports and invoices will be provided to the Water Quality Program representative and the TPOC within 30 days of sample collection.

v. Bacteriological work must be performed on the premises. Bacteriological work may not be subcontracted. Routine Beach monitoring is performed from mid- May through mid-September. Samples are generally collected weekly, and hand delivered to the lab. Routine analytes: Escherichia Coli (E. coli) by approved enumeration method.

c. Field Support and Retesting (Public Water Supplies and Beach) Samples

i. Technical support to assist in determining the source of the contamination and help on compliance resolutions.

ii. Resampling must be done within 24-hours of any sample failures.

iii. Laboratory analyses of potable water or surface waters for E. coli must be performed in accordance with State approved methods. All applicable requirements outlined under Potable Water Samples or Non-Potable Water (Beach) Samples will be applied. Bacterial samples are to be analyzed as soon as possible and reported to the Water Quality Program representative and TPOC.

Retesting shall occur within 24-hours of a failed lab result.

Initial retesting must include the “original sample location”, “Source”, “Upstream” and Downstream”. At minimum this requires four (4) samples.

Per State regulations, within 30-days after a clean sample, Retesting shall occur at “Source”, “Upstream” and “Downstream”. At a minimum this requires three (3) samples.

iv. Comply with all State reporting regulations.

Part 3 Service Location(s) and Schedule(s): The Government will provide the Contractor access to the service locations. All service and sample locations are depicted on the attached Informational Maps. The services for this contract are located at the following locations:

a. Edward MacDowell Lake Project Office is located at 75 Wilder St, Peterborough

NH.

i. See Informational Map 1 for Approximate Location.

b. Edward MacDowell Lake Park is located at 75 Wilder St, Peterborough NH.

i. See Informational Map 1 for Approximate Location.

1. ITEM NO. 1 – Total Coliform and E. coli (Private Drinking Water)

i. Service Areas: Edward MacDowell Lake Project Office

ii. Private well behind Project Office (October-April) NOTE: Same well as Public Drinking Water

a. Sampling Schedule:

i. One (1) Sample Twice per year (“Quarterly”) (December & March)

ii. Contractor shall coordinate the specific dates and times with the TPOC.

2. ITEM NO. 2 – Total Coliform and E. coli (Public Drinking Water, seasonal)

a. Service Area: Edward MacDowell Lake and Park

i. One (1) well located behind Project Office (May-September)

NOTE: Same well as Private Drinking Water

b. Sampling Schedule:

i. One (1) Sample Monthly: May through September

ii. Service times between: 8:00 AM to 7:00 PM

iii. Contractor shall coordinate the specific dates and times with the TPOC.

3. ITEM NO. 3 – E. coli (Beach, seasonal)

a. Service Area: Edward MacDowell Lake Park

i. One (1) Beach located at Edward MacDowell Lake Park

i. One (1) Sample Weekly May through September

ii. Service times between: 8:00AM to 7:00PM

iii. Contractor shall coordinate the specific dates and times with the TPOC.

NOTE: Suggested Service time before 9:00AM; During periods of heavy visitation, the Contractor may not be able to perform this service requiring a reschedule.

4. ITEM NO. 4 – Nitrate as N (Drinking Water Well)

i. Service Areas: Edward MacDowell Lake Project Office and Park Service Areas

ii. One (1) water supply well behind Edward MacDowell Lake Project Office

a. Sampling Schedule:

i. One (1) Sample Annually at each service area

ii. Contractor shall coordinate the specific dates and times with the TPOC.

5. ITEM NO. 5 – Field Support/ Retesting – Total Coliform and E. coli (PWS and

Beaches)

a. Service Area: Edward MacDowell Lake Project Office and Park

i. One (1) Beach located at Edward MacDowell Lake Park

ii. One (1) well located behind Edward MacDowell Lake Project Office

i. As-Needed for retesting May through September

ii. Service times between 8:00AM to 7:00PM

iii. Contractor shall coordinate the specific dates and times with the TPOC.

NOTE: Suggested Service time before 9:00AM; During periods of heavy visitation, the Contractor may not be able to perform this service requiring a reschedule.

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

52.217-5 Evaluation Of Options JUL 1990 52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.237-1 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 CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2023) ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for…