Solicitation W912WJ25Q0034.pdf

BALL MTN LAKE PROJ OFC

MORGAN POST

88 BALL MOUNTAIN LN

JAMAICA VT 05343

TEL: 978-318-8474 FAX:

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER) 1

PAGE OF PAGES

1. REQUEST NO. 2. DATE ISSUED RATING

W912WJ25Q0034 06-Feb-2025 5a. ISSUED BY

8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this

Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State, and local taxes)

ITEM NO.

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e) (f)

SEE SCHEDULE

AMOUNT

% No. %

NOTE: Additional provisions and representations [ ] are [ ] are not attached.

13. NAME AND ADDRESS OF QUOTER (Street, City, County, State, and ZIP Code)

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF

QUOTATION

16. NAME AND TITLE OF SIGNER (Type or print) (Include area code)

TELEPHONE NO.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95)

PREVIOUS EDITION NOT USABLE Prescribed by GSA FAR (48 CFR) 53.215-1(a)

THIS RFQ X[ ] IS [ ] IS NOT A SMALL BUSINESS SET-ASIDE

6. DELIVER BY (Date)

SEE SCHEDULE

AND/OR DMS REG. 1

UNDER BDSA REG. 2

4. CERT. FOR NAT. DEF.3. REQUISITION/PURCHASE

REQUEST NO.

U S ARMY ENGR DISTRICT, NEW ENGLAND

696 VIRGINIA RD

CONCORD MA 01742-2751

9. DESTINATION (Consignee and address, including ZIP Code)

7. DELIVERY

[ ]X FOB

DESTINATION

[ ] OTHER

(See Schedule)

20-Feb-2025(Date)

PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS:10.

978-318-8902ALICIA N LACROSSE

(Name and Telephone no.) (No collect calls)5b. FOR INFORMATION CALL:

d. CALENDAR DAYSc. 30 CALENDAR DAYSb. 20 CALENDAR DAYS12. DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS

W912WJ25Q0034

Section B - Supplies or Services and Prices

INSTRUCTIONS TO VENDORS

VENDORS SUBMITTING A QUOTE IN RESPONSE TO A SOLICITATION ARE RESPONSIBLE FOR

ADHERING TO ALL INSTRUCTIONS AND TERMS AND CONDITIONS INCLUDED IN THE

SOLICITATION. FAILURE TO DO SO MAY RESULT IN QUOTES BEING DEEMED NON-

RESPONSIVE

INFORMATION:

1. This is a Request for Quotations (RFQ) in accordance with Federal Acquisition Regulation (FAR) Part 13.

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

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

4. The Government may request that a vendor respond to a Quote Verification after the solicitation closes, but prior to award. The vendor shall respond in sufficient detail to all questions or statements no later than the response date and time listed in the correspondence. Failure to do so may result in quotes being deemed non-responsive and removed from consideration. The Government is under no obligation to provide extensions for responses.

QUESTIONS REGARDING SOLICITATIONS:

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

a. Name: Alicia LaCrosse

b. Phone: 978-318-8902

c. Email: Alicia.N.LaCrosse@usace.army.mil

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

3. Please direct questions to the Contract Specialist. Any information received at the site visit which conflicts with this solicitation should be brought to the attention of the Contract Specialist. The solicitation and resulting contract shall be the governing document in all cases.

QUOTE SUBMISSION:

1. Quotes shall be submitted via email 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.

SITE VISITS:

1. SITE VISITS ARE HIGHLY RECOMMENDED PRIOR TO PROVIDING A QUOTE. SEE CLAUSE

52.236-27 or 2.236-27 ALT I FOR ADDITIONAL INFORMATION.

2. If date(s)/time(s) 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.

3. 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.

4. No site visits will be permitted AFTER a solicitation closes.

BONDING:

1. In accordance with FAR 28.101-1(c), the Contractor will NOT be required to provide a Bid Guarantee.

2. In accordance with FAR 28.102-2(b), the Contractor will be required to provide the following payment protections for all construction contracts at or above $150,000.00.

(i) Payment Bond or

(ii) Irrevocable Letter of Credit and

(iii) Performance Bond

A Payment Bond or Irrevocable Letter of Credit is the SELECTED payment protection for the Government. The penal amount of bond shall be 100% of the original contract price. If the contract price increases, the Government will require an increase in the penal sum of the existing bond. This bond shall be submitted to the Contracting Officer within 10 days after receipt of award.

A Performance Bond shall be required if the total price of the quote is $150,000.00 or above. The penal amount of the Performance Bond shall be 100% of the original contract price. If the contract price increases, the Government will require an increase in the penal sum of the existing bond. This bond shall also be submitted to the Contracting Officer within 10 days after receipt of award.

3. In accordance with FAR Part 28.102-2(c), the Contractor will be required to provide one of the following payment protections for all construction contracts $35,000.00 or above, but not exceeding $150,000.00.

(i) Payment bond or

(ii) Irrevocable letter of credit

A Payment Bond or Irrevocable Letter of Credit is the SELECTED payment protection for the Government. The penal amount of bond shall be 100% of the original contract price. If the contract price increases, the Government will require an increase in the penal sum of the existing bond. This bond shall be submitted to the Contracting Officer within 10 days after receipt of award.

**No Payment Protections Required for construction contracts less than $35,000**

4. Prior to award, the Government may request that the Contractor provide a Letter of Bond Ability issued by a Surety that is listed on US Treasury Circular 570 (https://www.fiscal.treasury.gov/surety-bonds/list-certified-companies.html).

Letter of Bond Ability shall be issued to the Contractor and shall state that the Contractor is pre-qualified for bonding, include the single and aggregate bond limits that the bond company will support, and provide contact information of the bond agent or attorney-in-fact.

Failure to provide a Letter of Bond Ability as required will result in the Contractor’s quote being deemed non-responsive.

QUOTATION INSTRUCTIONS:

1. If subcontractor will be used for this work, please provide company name and contact information:

2. In accordance with FAR Part 52.204-7(b)(1) Contractors must be registered in the System for Award Management (SAM) database (www.SAM.gov) to submit a quote. Registered is considered when a SAM registration is marked “Active”.

3. In accordance with FAR Clause 52.204-8(d), Representations and Certifications are to be completed in www.sam.gov.

NOTE: SAM.gov registration takes approximately 3 weeks (Unique Entity Identified (UEI) 1-2 business days; CAGE code validation up to 10 business days; IRS validation and overall submission 7-10 business days). It is the contractor’s responsibility to track SAM.gov registration and follow-up with required tasks.

4. Provide business Unique Entity Identifier (UEI): _______________________________

5. Provide business CAGE code: __________________________________

6. Contractors are not required to submit an Accident Prevention Plan (APP) with their quote. The successful Contractor will be required to submit this document at the direction of the Technical Point of Contact. The APP must be accepted by the Government Designated Authority prior to the commencement of work.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Winhall Brook Stream Bank Stabilization

FFP

Contractor shall provide all labor, materials, equipment, and transportation necessary to stabilize two hundred and ten feet (210') of stream bank along the Winhall Brook at Ball Mountain Lake, Jamaica, VT in accordance with the Statement of Work.

FOB: Destination

PSC CD: Y1QA

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

WINHALL BROOK STREAM BANK STABILIZATION

U.S. ARMY CORPS OF ENGINEERS

BALL MOUNTAIN LAKE

JAMAICA, VERMONT

STATEMENT OF WORK

I. General:

1. Scope – Furnish all labor, materials, and equipment necessary to stabilize two hundred and ten feet (210’) of stream bank along the Winhall Brook. This streambank restoration will follow the standard practices in the Vermont Rivers and Roads Field Manual (see excerpts below listed as informational photos 1-4). All work shall be performed in accordance with the following Statement of Work.

2. Location – Ball Mountain Lake is located at 88 Ball Mountain Lane, Jamaica, VT 05343

a. The Winhall Brook Camping Area is located at 919 Winhall Station Road, South

Londonderry, VT 05148.

3. Site Visit – Contact the Technical Point of Contact (TPOC) to arrange a site visit. The TPOC for the project is Natural Resource Specialist, Morgan Post 978-318-8474 or Morgan.J.Post@usace.army.mil

4. Schedule – The work shall be completed no later than 200 days after Notice to Proceed. The Contractor will coordinate with the Government for the estimated start date of field work, this work shall commence on or after June 20, 2025. Work shall be performed Monday through Friday 7:00 AM to 3:30 PM unless otherwise approved by the TPOC. No work shall be done on weekends or Government holidays.

All pre-construction submittals shall be submitted within twenty one (21) days of Notice to Proceed. 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, 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-construction submittals.

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_2023Aug31.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 TPOC 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_2023Aug24.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_2023Aug28.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 employees 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 TPOC in accordance with EM 385-1-1, Table 2-1.

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

https://www.publications.usace.army.mil/Portals/76/Publications/EngineerForms/Eng_Fo rm_3394_2021Aug.pdf

h. Employee Exposure Data:

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

6. Pre-Construction Conference – Prior to the start of any work, the TPOC will schedule and conduct a “Pre-Construction 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 on behalf of the Contractor. This conference will be held at the time and location agreeable to the Government and Contractor. No work may be performed under this contract prior to this conference. The purpose of the conference is to enable the TPOC to outline the procedures that will be followed by the Government in its administration of the contract, and to discuss the performance that will be expected from the Contractor. This conference will allow the Contractor an opportunity to ask questions about the Government’s administration and inspection of contract work or obtain other pertinent information that might be required. At the Pre-Construction 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-Construction Conference:

i. Authority of the TPOC and Quality Assurance Inspectors.

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

iii. Accident Prevention Plan and Activity Hazard Analysis

iv. Accident Reporting (ENG Form 3394)

v. Safety Data Sheet (SDS) requirements

vi. Contractor’s Equipment

vii. Correspondence, Communication, Security and Administrative Procedures.

viii. Invoice and payment.

7. 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.

8. Security – The Contractor will comply with all established security policies at Ball Mountain 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 work. The Contractor shall be given at least twenty four (24) hours’ notice of any such closure.

9. Flooding –Winhall Brook Camping area is a flood control project, and the work area outlined in this contract is subject to becoming inundated during periods of excessive rainfall.

If such an event should occur, in-progress work shall immediately cease, and all equipment, materials, and personnel will be vacated from the area within twenty four (24) hours’ notice by the TPOC. When flooding ends and waters recede, the TPOC will notify the Contractor as areas reopen and work may resume.

10. Payment – After final inspection and acceptance by the Government, the Contractor must submit an invoice to the TPOC. The invoice shall include the invoice date, contract number, dates of work, description of work, quantities, process, 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. For jobs greater than 30 days the Contractor may request progress payment.

All invoices may be mailed to:

U.S. Army Corps of Engineers Ball Mountain Lake 88 Ball Mountain Lane Jamaica, VT 05343 Or Emailed to morgan.j.post@usace.army.mil

II. Technical Requirements:

Part 1 General:

1. Summary – Furnish all labor, materials, and equipment necessary to stabilize two hundred and ten feet (210’) of streambank along the Winhall Brook. This streambank restoration will follow the standard practices in the Vermont Rivers and Roads Field Manual (see excerpts below listed as informational photos 1-4). All work shall be performed in accordance with the following Statement of Work.

2. Submittals – Although the Government reviews submissions required by this Statement of

Work, 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 in acceptable form 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.

a. Pre-construction: Submitted within twenty-one (21) days of Notice to Proceed.

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

i. Accident Prevention Plan (ENG Form 6293)

ii. Activity Hazard Analysis

iii. Site Safety and Health Officer Designation Letter (ENG Form 6282)

iv. Safety Data Sheets

v. Spill Prevention Plan

vi. First-Aid, CPR Certifications

vii. Commercial Driver’s License (CDL) – for all operators of vehicles requiring a CDL

viii. Erosion and sediment control plan measures to include: dips, water bars, culverts, silt fencing, check dams, filter socks, straw rolls, etc.

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

a. Vermont Standard River Management Principles and Practices (2015) and the Vermont

Rivers and Roads Field Manual (2016).

b. 2024 Vermont Standard Specifications for Construction sections 755.04.

4. Existing Conditions -

a. The scope of this work covers two hundred and ten (210) feet of undercut streambank.

The streambank is approximately twelve (12) feet tall. The area of bank erosion varies from six (6) to ten (10) feet in width from the original bank and river channel location.

b. Access to this area will either include utilizing Winhall Station Road or Cohen Road.

i. Cohen Road is a one (1) mile-long class IV, non-maintained roadway that will accommodate heavy equipment. This access bypasses Slasons Bridge within the campground, it is located off Goodaleville Road. The work area is another one fifteenth (.15) of a mile from the Cohen Road gate campground entrance.

ii. Winhall Brook Camping Area’s main access is via Winhall Station Road. This access crosses Slasons Bridge, which measures approximately ten feet (10’) wide with a load rating of sixteen (16) ton. This access can only accommodate smaller equipment. The work area is three tenths (.3) of a mile from the main gate of the camping area.

5. 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.

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

7. Environmental Protection – Containers for excess and/ or waste materials, rubbish, etc.

shall be provided by the Contractor at the site, and the site will be inspected/ cleaned on a daily basis. No burning is permissible. Water, air, and land resources shall not be adversely impacted during the course of the work. Storage, fueling and lubrication of equipment and motor vehicles shall be conducted in a manner that affords the maximum protection against spills and evaporation. Storage and usage of lubricants and daily fueling of machinery and equipment shall occur at least fifty feet (50’) from any drainage inlets, water bodies (rivers, streams, and lakes), environmentally sensitive areas (wetlands and vernal pools).

Contractor will take necessary steps to ensure all Federal, State, and local environmental regulatory requirements are met.

8. Sustainability & Environmentally Preferred Products – Under the Comprehensive

Procurement Guidelines (CPG) program, the Environmental Protection Agency (EPA) designates products that are or can be made with recovered materials and recommends practices for buying these products. Any designated product that is being offered or supplied under this contract shall meet the minimum recommended content levels as identified under the CPG program. Visit https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program for a complete list of designated products and the associated recommended contents levels. Offerors must be able to demonstrate that each offered products meets minimum content levels upon request.

The United States Department of Agriculture (USDA) designates certain bio-based products for Federal procurement and specifies minimum bio-based content levels for those products.

Any designated product that is being offered or supplied under this contract shall meet USDA BioPreferred's minimum bio-based content level. Visit the BioPreferred web site https://www.biopreferred.gov/BioPreferred/faces/pages/ProductCategories.xhtml for the complete list of designated products and the associated minimum bio-based content level requirements.

9. 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.

10. Government Resources – The Government will supply any electricity necessary for the project work from points of existing outlets when available. The Contractor shall carefully conserve the use of electricity provided. The Government will supply topsoil material for dressing the top of the slope, valued at $35 per cubic yard. The Contractor shall supply their own means of communication (telephone). There is not a restroom available at the contract site, and there is no access to potable water at the contract site. The Contractor would have to provide these resources or have an acceptable alternative plan for these resources.

11. 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 Project Manager 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.

12. Contractor’s Personnel –

a. Minimum Personnel Requirements - The Contractor shall provide an adequate number of fully qualified personnel to perform the specified work 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.

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

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

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

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

iii. Unsafe operation of vehicles while on USACE property.

c. Removal of Contractor’s Employees - The TPOC may require the Contractor to immediately remove from the work site any employee of the Contractor or subcontractor, who, in the opinion of the TPOC, is incompetent, endangers persons or property, or whose physical or mental condition is such that it would impair the employee’s ability to satisfactorily perform assigned work. Notification to the Contractor shall be promptly made in writing if time and circumstances permit. Otherwise, notification shall be verbal or by telephone, and shall be confirmed in writing as soon as possible. No such removal, however, will reduce the Contractor’s obligation to perform all work required under this contract, and immediate replacement will be made as required. This requirement shall not be made the basis of any claim for compensation or damages against the United States or any of its officers or agents.

13. 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.

14. 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.

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

Part 2 Materials:

1. Provided by Contractor-

a. Rip-Rap, Toe Wall and Stone Filled Slope Material–

i. Three-to-five-foot (3’ to 5’) material for use as footer (keyway), toe wall, and stone filled slope for stabilizing streambank.

b. Erosion Control Stone -

i. 3-inch minus stone for use as erosion control stone to backfill for voids between larger rip-rap material.

c. Bedding Material

i. Bedding material shall consist of granular material such as crushed stone or gravel.

Bedding material shall be free of soft, nondurable particles, organic material, and thin or elongated particles.

d. Grass Seed –

i. Conservation Mix: 35% creeping red fescue, 25% tall fescue, 15% annual ryegrass, 12% perennial, 10% Kentucky bluegrass, 3% white clover.

ii. State-approved seed of the latest season's crop shall be provided in original sealed packages bearing the producer's guaranteed analysis for percentages of mixture, purity, germination, hard seed, weed seed content, and inert material.

iii. Substitutions will not be allowed without written request and approval from the Government.

iv. Quality: Weed seed shall not exceed one (1) percent by weight of the total mixture.

Wet, moldy, or otherwise damaged seed shall be rejected.

e. Mulch –

i. Hay shall be native hay, sudan-grass hay, broomsedge hay, or other herbaceous mowings furnished in an air-dry condition.

f. Erosion Control –

i. Silt Fence, hay bales, silt blankets, and waddles.

2. Provided by the Government-

a. Grubbing material

i. Suitable topsoil for dressing the top of the slope will be provided by the Government valued at $35/yard.

Part 3 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, U.S. Army Corps of Engineers Safety and Health Requirements. A regular schedule of preventive maintenance must be followed on all equipment. All vehicles utilized under this contract will be presentable, serviceable, and shall comply with safety standards.

2. Mobilization, Demobilization, and Other Equipment Costs: Mobilization, demobilization, and other equipment costs including but not limited to fuel surcharges and any permits to get the equipment to Winhall Brook Camping Area shall be included in the Contractor’s submitted quote and not priced separately.

Part 4 Execution:

1. Placed Rip Rap Toe Wall and Slope-

a. The Contractor shall remove enough material to allow for embedding footer rock (keyway) a minimum of four feet (4’) below the channel of the river.

b. Stone footer (keyway) and stone toe wall shall be constructed with stones of primarily five feet (5’) dimensions to resist erosion. The intermediate dimension of any stone shall not be less than three feet (3’).

c. Stone toe wall shall be constructed with staggered (running) joints between rocks on adjacent tiers. Stacked section of wall shall have no more than four feet (4’) of exposed wall.

d. Contractor shall carefully select and place individual stones to maximize contact with adjacent stones and minimize voids. Backfill voids with three inches (3”) minus erosion control stone. To extent practical, stones shall be angled toward embankment to better resist sliding.

e. Bedding material shall be at least eighteen (18”) inches thick between the toe wall and native soil of the streambank or backfill. Bedding material shall consist of granular material placed in a layer, where required, on the ground surface prior to placing stone filling or riprap. The purpose of the bedding material is to prevent underlying finer materials from passing into the stone filling or riprap.

f. The material that is removed may be used as backfill, bedding or grubbing where appropriate or as specified by the Vermont Rivers and Roads Field Manual.

g. The uniform rip rap slope that starts above the toe wall shall consist primarily of five-foot (5’) dimension rip rap as specified by the field manual. The upper portion of the stone filled slope may consist of smaller three-foot rip rap. The riprap portion of the stone filled slope shall be at least four (4’) foot in depth along its entire length with the largest stones at the bottom of the slope. The rip rap slope shall be at a three to one (3:1) gradient or thirty-three-point three percent (33.3%) grade. Rip-rap stones shall be placed and aligned in a way to minimize void spaces between adjacent stones. Bedding material between the rip rap stone filled slope and preexisting soil of the streambank shall be nine (9”) inches in depth.

h. Grubbing of material should start at the ordinary highwater mark and continue upward to the top of the slope until it reaches the preexisting topsoil. Grubbing depth should be at least one (1’) foot and surfaces shall be tamped to stabilize material.

i. Prior to any work, erosion control measures must be taken to prevent the movement of soil and debris into Winhall Brook. The TPOC will be immediately notified if control measures fail.

j. Silt fence or other erosion control measures shall be maintained following best management practices.

k. All work shall be in accordance with the Vermont Rivers and Roads Field Manual.

Note: The Contractor shall conduct periodic inspections of the silt fence to ensure its function and integrity is maintained during the duration of the contract. If the silt fence is damaged or breached, the Contractor shall repair, reinstall, or add additional silt fence as necessary before dumping or grading additional material.

2. Seeding -

a. Shall meet requirements of 2024 Vermont Standard Specifications for Construction sections 755.04.

b. Seed shall be spread uniformly at a rate of one hundred thirty pounds (130lbs) per acre minimum.

c. Seed may be applied using a hydraulic application or by hand. If done by hand, seed will be incorporated into the top one quarter inch (¼”) inch of soil by hand raking or other approved methods.

3. Mulching -

e. Coverage must be at least one eighth inch (1/8”) thick over entire area.

ATTACHMENTS

PLEASE SEE ATTACHMENTS INCLUDED SEPARATELY FOR ADDITIONAL INFORMATION.

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 200 dys. ANP 1 BALL MTN LAKE PROJ OFC

MORGAN POST

88 BALL MOUNTAIN LN

JAMAICA VT 05343

978-318-8474 FOB: Destination

961601

Section H - Special Contract Requirements

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.

WAGE DETERMINATION

The Wage Determination for this project can be found at:

https://sam.gov/wage-determination/VT20250064/0 Wage Determination No.: VT20250064 Modification No.: 0 Date: 03 JAN 2025

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records JUL 2021 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.226-8 Encouraging Contractor Policies To Ban Text Messaging While Driving

MAY 2024

52.228-2 Additional Bond Security OCT 1997 52.228-11 (Dev) Individual Surety--Pledge of Assets (DEVIATION 2020-

O0016)

FEB 2021

52.228-12 Prospective Subcontractor Requests for Bonds DEC 2022 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-14 Suspension of Work APR 1984 52.243-5 Changes and Changed Conditions APR 1984 52.245-1 Government Property SEP 2021 52.245-9 Use And Charges APR 2012 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994

52.249-1 Termination For Convenience Of The Government (Fixed Price) (Short Form)

APR 1984

52.249-10 Default (Fixed-Price Construction) APR 1984 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 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

MAY 2024

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

JAN 2023

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

JAN 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 252.227-7033 Rights in Shop Drawings APR 1966 252.232-7004 (Dev) DoD Progress Payment Rates (DEVIATION 2020-O0010) MAR 2020 252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7005 Management and Reporting of Government Property JAN 2024

CLAUSES INCORPORATED BY FULL TEXT

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)

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 21 calendar days after the date the Contractor receives the notice to proceed (contract award shall be considered notice to proceed if less than the bonding threshold), (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 200 calendar days from notice to proceed (contract award shall be considered notice to proceed if less than the bonding threshold). The time stated for completion shall include final cleanup of the premises.

52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES) (JAN 2025)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(iii) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(iv) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L.

117-328), unless the agency grants an exception--see paragraph (b) of 52.204-27.

(v) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L. 115-390, title II).

(vi) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

(vii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(viii) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

(ix) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(x) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(xi) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(xii) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77 and 108-78 (19 U.S.C.

3805 note)).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (APR 1984).

(ii) 52.232-8, Discounts for Prompt Payment (FEB 2002).

(iii) 52.232-11, Extras (APR 1984).

(iv) 52.232-25, Prompt Payment (JAN 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013).

(vi) 52.233-1, Disputes (MAY 2014).

(vii) 52.244-6, Subcontracts for Commercial Products and Commercial Services (NOV 2024).

(viii) 52.253-1, Computer Generated Forms (JAN 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see FAR 3.900(a).

(ii) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-

282) (31 U.S.C. 6101 note) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).

(iii) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in 2.101 on the date of award of this contract).

(iv) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment (JUN 2020)…