Solicitation_W912WJ24Q0092.pdf

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Grounds Maintenance Services, East Brimfield Lake, Fiskdale, MA
Solicitation number
W912WJ24Q0092
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This document is a Solicitation Notice for Grounds Maintenance Services at the East Brimfield Lake area in Fiskdale, Massachusetts issued by the U.S. Army Corps of Engineers - New England District. The work consists of furnishing all equipment, materials, labor, and transportation to perform grounds maintenance services including weekly fine lawn mowing, annual mowing, spring and fall cleanups. The contract will have a base year and two option years. The solicitation is set-aside for small business vendors under NAICS code 561730 with a $9.5 million size standard. Offers are due by 2:00 PM on April 16, 2024. Contractors must have an active SAM.gov registration at the time of submission to be considered.

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SEE ADDENDUM

(No Collect Calls)

W912WJ24Q0092 02-Apr-2024

b. TELEPHONE NUMBER

9783188255

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 16 Apr 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:

$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 OF61

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.

W912WJ24Q0092

Section SF 1449 - CONTINUATION SHEET

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. Vendors shall enter $0.00 on Bid Schedules in which items are Not Separately

Priced. Blank entries will not be considered and will result in quotes being deemed non-responsive.

3. 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.) that are specified in the scope as 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

BID SCHEDULE - BASE YEAR

TASK UNIT QTY UNIT PRICE TOTAL

Task 1: Fine Lawn Mowing EA 25

Task 2: Annual Mowing EA 1

Task 3: Spring Clean-Up EA 1

Task 4: Fall Clean-Up EA 1

Total

BID SCHEDULE – OPTION YEAR 1

Task 2: Annual Mowing EA 1

Task 3: Spring Clean-Up EA 1

BID SCHEDULE – OPTION YEAR 2

Task 2: Annual Mowing EA 1

Task 3: Spring Clean-Up EA 1

PERFORMANCE WORK STATEMENT

GROUNDS MAINTENANCE SERVICES

U.S. ARMY CORPS OF ENGINEERS

EAST BRIMFIELD LAKE

PERFORMANCE WORK STATEMENT

A. GENERAL

1. Scope – Furnish all equipment, materials, labor, and transportation to perform the grounds maintenance services at the East Brimfield Lake Project area. The East Brimfield Lake area includes approximately 5 acres of weekly maintenance area, and approximately 42 acres of annual/field mowing. Services include spring and fall clean-ups. Services are to be provided in accordance with the following scope of work and schedule.

2. Location – The East Brimfield Lake Project area is in the towns of Sturbridge, Brimfield, and Holland, Massachusetts. The East Brimfield Dam area is located at 24 Riverview Avenue, Fiskdale, Massachusetts. Remaining areas are off Rte. 20 in Brimfield and Sturbridge, MA; Champeau Road and Streeter Road in Sturbridge, MA; Morse Road and East Brimfield Road in Holland, MA.

3. Site Visit – Contact the Technical Point of Contact (TPOC), Project Manager, Keith

Beecher (978) 318-8405 or keith.w.beecher@usace.army.mil to arrange a site visit.

4. Schedule

a. The period of performance of the base year is from contract award through 31

December 2024.

b. The government may exercise two (2) optional years with the same scope of services. Option year one will have a contract period of performance of 01 January 2025 to 31 December 2025. Option year two will have a contract period of performance of 01 January 2026 to 31 December 2026.

c. Work will not be permitted before 7:00 am or after 3:30 pm unless approved in advance by the TPOC. No work will be done on Saturdays, Sundays, and holidays unless approved in advance by the TPOC.

d. The first mowing cycle will be determined by the Technical Point of Contact based on weather and growing conditions.

e. All pre-work submittals shall be submitted within twenty-one (21) days of contract award. The Government reserves up to twenty-one (21) days for review and acceptance on each submittal from the date of receipt. If revisions are necessary to the submittals/resubmittals, the Contractor shall make such revisions and shall be resubmitted to the Government in an acceptable form within fourteen (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.

f. Tasks are to be performed during the Service Schedule depicted in the table below.

The Service Schedule is the time period when the services are expected to be performed.

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

Service Schedule Item

Description Quantity Frequency

1. Fine Lawn Mowing: 5 acres (Areas 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13)

25 Weekly (April thru October)

2. Annual Mowing: 42 acres (Areas A1, A2, A3, A4, A5, A6, A7, A8, A9, B1, B2, B3, B4, B5, C1, C2, C3, C4, C5, C6, D1, D2, D3, D4, D5)

1 October

3. Spring Clean-Up: 5 acres (Areas 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13)

1 April

4. Fall Clean-Up: 5 acres (Areas 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13)

1 November

5. Safety Requirements

a. General:

All work shall be conducted in accordance with the U.S. Army Corps of Engineers (USACE) Safety and Occupational Health Requirements (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 electronically at the following link:

https://www.publications.usace.army.mil/Portals/76/EM%20385-1- 1%20_EFFECTIVE%2015March2024.pdf

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

b. Accident Prevention Plan (APP):

The Contractor shall prepare a site-specific Accident Prevention Plan. The APP must be written by a Competent Person (CP) and document the specific work processes, equipment, materials to be used, hazards and applicable control measures.

The mandatory ENG Form 6293 (Accident Prevention Plan Worksheet) must be submitted and accepted prior to beginning on site work:

https://www.publications.usace.army.mil/Portals/76/Eng_Form_6293_2023Aug3

1.pdf

A preparatory meeting shall be conducted by the prime contractor to discuss the APP contents with all effected onsite employees. The Prime Contractor is responsible for informing the 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.

Daily safety meetings shall be held and documented. Records shall be available to the Technical Point of Contact upon request.

c. Activity Hazard Analysis (AHA):

An AHA shall be submitted and accepted for each definable feature of work

(DFOW) in accordance with EM 385-1-1, Chapter 2-6. A DFOW is defined as any task, which is separate and distinct from other tasks, has separate control requirements, or is identified as different trades or disciplines. The AHA shall be continuously reviewed and revised to address changing site conditions as appropriate.

For a non-mandatory formatted outline of an AHA, see ENG Form 6206 (Activity Hazard Analysis) https://www.publications.usace.army.mil/Portals/76/Eng_Form_6206_2023Aug2 4.pdf

d. Site Safety and Health Officer (SSHO) Requirements:

The Contractor shall employ a minimum of one person to function as a Level 3, SSHO. A Level 3 SSHO is a designated Qualified Person (QP) or Competent Person (CP) with Safety and Occupational Health (SOH) responsibility that meets the requirements of EM 385-1-1, Chapter 2-3.b and 2-4.b.

Level 3 SSHOs must have training, knowledge, and/or experience identifying hazards and implementing controls for the work being performed.

The SSHO shall be present at the project site and be responsible for overseeing the implementation of the prime contractor’s SOH program. Contractor shall designate all SSHOs on a mandatory ENG Form 6282 (Site Safety and Health Officer Designation Letter):

https://www.publications.usace.army.mil/Portals/76/Eng_Form_6282_2023Aug2 8.pdf

e. First-Aid and CPR Personnel Requirements:

For shifts with multiple employees, provide at least two employees that are certified to administer First Aid and CPR. When employes work alone, they must be certified in First Aid and be provided an effective means of communication to call for assistance in the event of an emergency. Minimum First Aid and CPR qualifications are outlined in EM 385-1-1, Chapter 3-3.

f. Additional Personnel Requirements:

Other Competent Person (CP) or Qualified Persons (QP) may be required per EM 385-1-1 and/or other sections of this Scope of Work, based on the definable features of work for this project.

g. Accident Reporting:

All accidents and near misses shall be investigated by the Contractor and reported to the Technical Point of Contact in accordance with EM 385-1-1, Table 2-1.

The mandatory ENG Form 3394 shall be completed and submitted to the Technical Point of Contact within seven (7) days of an incident:

https://www.publications.usace.army.mil/Portals/76/Publications/EngineerForms/ Eng_Form_3394_2021Aug.pdf

h. Employee Exposure Data:

The Contractor shall electronically report total employee work hours (including subcontractors) to the Technical Point of Contact by close of business on the 10th calendar day of the following month.

6. Security – All contractor and all associated sub-contractor’s employees shall comply with applicable facility access and local security policies. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

7. 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.

a. Authority of the TPOC and Quality Assurance Inspectors

b. Contractor’s Safety Program

c. Accident Prevention Plan

d. Activity Hazard Analysis

e. Accident Reporting (ENG Form 3394)

f. Contractor’s Quality Control Plan.

g. Contractor’s Equipment (including a current written safety inspection)

h. Correspondence Procedure

i. Communications

j. Administrative Procedures

k. Invoice and Payment

8. Permits – The contractor shall, without additional expense to the government, be responsible for obtaining any necessary licenses, permits, and letters of certification. The contractor shall comply with any applicable federal, state, county, and municipal laws, codes, and regulations in connection with the performance of the work specified under this contract.

9. Flooding – East Brimfield Lake is a flood reduction project. Occasional retention of floodwaters may inundate portions of the mowing and maintenance areas or access roads to these areas. Therefore, it may become necessary to decrease or increase mowing frequencies in any or all portions of the property, and/or to close any portion of a property and delete any subsequent service for the closed property or area. Payment for the decreased service(s) will be adjusted in accordance with the Changes to Frequency and/or Quantities section below.

10. 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.

11. Payment – The contractor will furnish the TPOC with one monthly invoice, stating the service performed, contract number, complete address, and the amount to be paid as is on the awarded purchase order. Contracted amounts will not be exceeded. Contractor needs to bill by bid item and track and complete NO more than specified in contract. The United States Government will not pay for these overages. Partial mowings due to weather, flooding, construction, conditions beyond USACE control will be billed by amount of acreage covered. Payment by the government will only be for actual services completed.

Remit Invoices to:

East Brimfield Lake 24 Riverview Ave.

Fiskdale, MA 01518

Or Email: keith.w.beecher@usace.army.mil Fax: (508) 347-8732

B. TECHNICAL

I. General

1. 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.

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 twenty-one (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 within fourteen (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 accepted by the Government.

Pre-work Submittals: Submitted within twenty-one (21) days of contract award.

Submittals must be accepted prior to the commencement of any field work activities.

a. Accident Prevention Plan with Activity Hazard Analysis

b. Submit a work schedule for each service, with approximate times for beginning and ending of each required service listed

c. Inspection form will be submitted to allow verification of results for payment

d. Certification from manufacturer which states that slope mowing equipment is rated for up to 40 degrees

3. Preferred Sequence for Work Schedules – The TPOC will review the contractors proposed sequence, or order, of work. 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. Prior to the start of contract this weekly schedule will be presented. Any proposed change to an approved schedule must be submitted in writing, coordinated, and approved by the TPOC in advance of actual schedule changes. All tasks will be completed within the same day they are started.

4. Damage to Government and Private Property – The contractor shall be responsible for restoring any government facilities or structures damaged as a result of the contractor’s actions. The contractor shall also be responsible for any damage to private property or injury to any person as a result of the firm’s operations. The contractor shall notify the TPOC immediately of damage to government and private property and injury to any person resulting from the contractors’ operation. Also, the contractor shall notify the Technical Point of Contact 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. All structures will be replaced or repaired when struck by equipment - e.g., signage, nest boxes, posts, and trees. The contractor shall replace landscape features (grass, shrubs, flowers, etc.), which are damaged or destroyed by the firm’s operation with nursery stock of like size and kind.

Lawns will not be damaged due to excess mowing in dry weather.

5. 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.

6. 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 mowing cycle, the contractor will perform an inspection of all areas under this contract to ensure compliance with the scope of work. The contractor or his representative must be able to commit personnel, equipment, and resources to correct deficiencies. An inspection form will be submitted to the TPOC to allow verification of results for payment. 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 individual, crew, or equipment found deficient shall be removed from service immediately until faulty conditions have been corrected and approved 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.

II. 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. All vehicles utilized under this contract will be presentable, serviceable, and shall comply with safety standards as required by the State of Massachusetts.

2. Type of Equipment-

a. Mowers shall be commercial rotary type and equipped with suitable protective devices to prevent flying objects from injuring people or damaging property.

Mowers must have slides or wheels, which will prevent tearing or plowing into the turf. The contractor will be held accountable for re-turfing if equipment causes gouging or plowing. A variety of mowing equipment may be necessary depending upon conditions such as slope and saturation. Equipment to be used includes but is not limited to zero-turn mowers, walk behind mowers, slope mowers, string trimmers and other small power mowing equipment or manual mowing tools.

b. String trimmers may be gasoline or electrically operated. The use of steel or other type of cord that will cause damage to trees, shrubs, etc., is prohibited.

Powered string trimmers will not be used to trim around saplings that are less than three (3) inches diameter at 4-1/2 feet above ground level. Trimming around said saplings shall be accomplished using hand-operated trimmers.

Contractor will be required to replace any saplings/trees/shrubs damaged by the firm’s operation.

c. Specialized Slope Mowing Equipment: Contractor will be required to mow slopes with an angle of incline of up to 40 degrees. All inclines must be mowed with equipment that is appropriately rated. Slope mowing equipment must be operated within manufacturer’s operating instructions and precautions. Slope mowing equipment must be certified in writing by the manufacturer as safe for operation up to 40-degree angle of incline and be specifically designed or factory modified for the mowing of slopes. All safety items required on the standard mowing equipment mentioned above are required.

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

III. Service Requirements

1. Mowing:

a. Cut and power mow grass to a height of not more than four and one-half (4-

1/2) inches or less than three (3) inches in each area around each facility.

Mowing shall be uniform with no uncut or uneven areas resulting from mowing, overlap, wheel rollover, etc. Mowing, trimming, and edging shall be conducted in such a manner so there is no wheel damage to the turf or any damage to concrete edges, signs, fences, or trees. Mowing shall not take place close enough to facilities to cause damage. Mowing with heavy tractors will not be permitted when the ground is so wet or boggy that the mowing operations will cause wheel rutting. Mowing under these conditions shall be accomplished by use of smaller mowing equipment as mentioned above. The contractor shall survey the area and report all damage or vandalism to the TPOC prior to commencement of mowing in each area. Certain areas will require equipment that is rated for slopes of up to 40 degrees. During the growing season, the contractor may be required to bag clippings to avoid clumping of cut grass. Clippings are to be disposed of in an on-site composting area designated by the TPOC. During clean-ups and routine mowing, downed branches up to 3" shall be removed to brush pile designated by the TPOC.

b. Trimming: Trim grass to a height of not more than four and one-half (4-1/2) inches or less than three (3) inches in the area around each facility and all obstacles. Trimming, edging shall be conducted in such a manner so there is no damage to the turf or any damage to concrete edges, signs, fences, or trees.

Areas adjacent to facilities must be trimmed using other types of equipment such as string trimmers. Trimming shall be accomplished around all vertical objects such as against buildings, guard posts, fences, tables, trash receptacles, electrical pedestals, water fountains, hose bibs, cookers/grills, etc. Trimming shall be done at a minimum each time mowing is performed. The TPOC may determine that area/facility trimming is required in conjunction with maintenance work and that mowing services are not required.

c. Grounds Cleaning: Grounds cleaning will be performed in conjunction with scheduled mowing services, in order to leave the mowing area with an overall neat and clean appearance. The grounds cleaning shall remove all obvious and noticeable trash and litter from the mowing limits which are designated as the mowing boundaries on the location maps attached to these specifications. All trash and litter shall be removed and properly disposed of in bulk refuse receptacles. After mowing is completed, the contractor shall remove all vegetation and debris from roads, walkways, and parking areas that were deposited as the result of mowing operations.

2. Annual/Field Mowing: Cut and power mow identified areas with a rotary mower to a height of not more than six (6) inches or less than four (4) inches in each area around each facility. Mowing shall be uniform with no uncut or uneven areas resulting from mowing, overlap, wheel rollover, etc. Mowing shall be conducted in such a manner so there is no wheel damage to the turf or any damage to concrete edges, signs, fences, or trees. Mowing shall not take place close enough to facilities to cause damage. Mowing with heavy tractors will not be permitted when the ground is so wet or boggy that the mowing operations will cause wheel rutting. Mowing under these conditions shall be postponed or coordinated directly with the TPOC. Annual mowing will not commence until after October 1st as determined by the TPOC.

3. Spring Clean-Up: Completely remove leaves and debris from all fine lawn areas in conjunction with scheduled mowing services to leave fine lawn mowing area with a neat appearance. All leaves and small sticks will be removed to a designated compost area adjacent to the recreation area. Large branches will be removed to a brush pile also immediately adjacent to the recreation area. Leaves will not be blown into the forested/field areas adjacent to the fine lawn area and picnic tables throughout the park will be cleaned. A fine lawn mowing service will be included as part of the spring cleanup (1 of the 25 mowing services).

4. Fall Clean-Up: Completely remove leaves and debris from all fine lawn areas and road gates in conjunction with scheduled mowing services to leave fine lawn mowing area with a neat appearance. All leaves and small sticks will be removed to a designated compost area adjacent to the recreation area. Large branches will be removed to a brush pile also immediately adjacent to the recreation area. Leaves will not be blown into the forested/field areas adjacent to the fine lawn area and picnic tables throughout the park will be cleaned. A fine lawn mowing service will be included as part of the fall cleanup (1 of the 25 mowing services).

IV. Service Task Descriptions The East Brimfield Lake Service locations include the following:

a. Fine Lawn Mowing

1. Service Requirement:

i. Mowing

2. Service Area

i. Project Office and Outlying Areas - 5 acres

ii. Mowing Areas: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 (See Maps #1, 3, 5

& 6)

3. Service Schedule:

i. Weekly

ii. Approximate start the second week of April for 25 weeks

b. Annual/Field Mowing

1. Service Requirements:

i. Mowing

2. Service Area

i. Dam Area/Recreation Area - 42 acres

ii. Mowing Areas: A1, A2, A3, A4, A5, A6, A7, A8, A9, B1, B2, B3, B4, B5, C1, C2, C3, C4, C5, C6, D1, D2, D3, D4, D5 (See Maps #1-4)

3. Service Schedule:

i. Once in the Fall after October 1st, after flowering plants have fully bloomed

ii. All service will be completed within the same week.

c. Spring Clean-Up

i. Mowing (included as part of the 25 weekly mowing cycles)

ii. Leaf and Debris Clean up

2. Service Area:

i. All weekly mowing areas - 5 acres (Mowing Areas 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13)

3. Service Schedule:

i. Spring Clean-up shall occur in April; Specific start date to be coordinated with the Technical Point of Contact

d. Fall Clean-Up

i. Mowing (included as part of the 25 weekly mowing cycles)

ii. Leaf and Debris Clean-up

2. Service Area:

i. All weekly mowing areas - 5 acres (Mowing Areas 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13)

3. Service Schedule:

i. Fall Clean-up shall occur after the majority of leaves have fallen and no later than 30 November

ATTACHMENTS

Please see attachments included with this solicitation for additional information.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment

NOV 2021

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

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 Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Sensitive technology"--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C.

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