Solicitation W912WJ25QA016.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

calls)

Solicitation/Contract Form Continuation

Milfoil Aquatic Herbicide Treatment Services, Franklin Falls Dam, Franklin, NH

W912WJ25QA016

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

Contractor shall provide all labor and materials to complete the permit application coordination for milfoil treatment at Franklin Falls Dam, Franklin, NH in accordance with the Performance Work Statement.

Product Service Code: F999 Pricing Arrangement: Firm Fixed Price

1 Job

Contractor shall provide all labor, materials, equipment, and transportation to provide milfoil herbicide treatment on approximately 12 acres (Area 1) at Franklin Falls Dam, Franklin, NH in accordance with the Performance Work Statement.

Product Service Code: F999 Pricing Arrangement: Firm Fixed Price

1 Job

Contractor shall provide all labor, materials, equipment, and transportation to provide milfoil herbicide treatment on approximately 5 acres (Area 2) at Franklin Falls Dam, Franklin, NH in accordance with the Performance Work Statement.

Product Service Code: F999 Pricing Arrangement: Firm Fixed Price

1 Job

Contractor shall provide all labor, materials, equipment, and transportation to provide water testing and reporting at Franklin Falls Dam, Franklin, NH in accordance with the Performance Work Statement.

Product Service Code: F999 Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

[Option Task] Contractor shall provide all labor, materials, equipment, and transportation to provide additional water testing and reporting at Franklin Falls Dam, Franklin, NH in accordance with the Performance Work Statement.

Product Service Code: F999 Pricing Arrangement: Firm Fixed Price

1 Job

Contractor shall provide all labor, materials, equipment, and transportation to provide a final

0006 report of milfoil herbicide treatment at Franklin Falls Dam, Franklin, NH in accordance with the Performance Work Statement.

Product Service Code: F999 Pricing Arrangement: Firm Fixed Price

1 Job

Continuation of Description

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) Parts 12 and 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.

a. Previous contract was awarded to: Derosa Environmental Consulting Inc

b. Previous contract awarded amount: $42,330

c. Interested vendors are advised that scope may differ from previous contract.

d. No additional information on previous contracts will be provided.

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.

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.

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.

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

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 or by date/time of solicitation closing.

3. Provide Unique Entity Identifier (UEI): ___________________________

4. 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.

PERFORMANCE WORK STATEMENT

CONTROL OF VARIABLE MILFOIL

U.S. ARMY CORPS OF ENGINEERS

FRANKLIN FALLS DAMFRANKLIN, NH

I. General:

1. Scope - Furnish all materials, equipment, and labor to apply a systematic aquatic herbicide to control variable milfoil at the Franklin Falls Dam Flood Control Project. The treatment will be at two (2) locations located along portions of the Pemigewasset River north of the dam in Franklin, NH totaling approximately 17 acres. Additionally, the Government may choose to exercise the option for additional water testing and reporting should the initial tests signify re-testing of the treatment area(s). All work shall be completed in accordance with the following Performance Work Statement and schedule.

NOTE: This work requires the following submittals prior to commencement of work (Refer to Section II. Technical Requirements for a full list of submittals):

ENG Form 6293 (Accident Prevention Plan Worksheet) Activity Hazard Analysis; non-mandatory template available: ENG Form 6206 (Activity Hazard Analysis ENG Form 6282 (Site Safety and Health Officer Designation Letter) First-Aid and CPR Personnel requirements Permit(s) - Completed, approved pesticide application permit package from the State of New Hampshire.

i. Shall include all necessary public listings and mailings to abutters, and any in-field access-point notification flyers.

State of New Hampshire Authorized Commercial Applicator license(s).

Boat Operating Certification(s) Schedule of work.

Safety Data Sheets (SDS) - For all chemicals and/or products used on-site.

All Certifications and Licenses as determined by the Performance Work Statement.

2. Location(s) - The Franklin Falls Dam is a flood control project located on the Pemigewasset River in Franklin, New Hampshire. The Project Office is located at 46 Granite Drive, Franklin, New Hampshire, 03235.

3. Site Visit - Contact the Technical Point of Contact (TPOC), Environmental Protection Specialist, Joshua Levesque at 978-318-8304 or Joshua.S.

Levesque@usace.army.mil to arrange a site visit.

4. Schedule - The period of performance will be from Contract Award through December 31, 2025. All treatment(s) shall start BEFORE September 30, 2025 (or as specified via Permit Application). Work shall be performed Monday through Friday 7:00 AM to 4:30 PM unless otherwise approved by the TPOC. The Pre-Work Conference shall be completed within 14 days of State of New Hampshire Pesticide Application Permit approval.

All Initial submittals shall be submitted within 14 days of Contract Award. All Pre-Work submittals shall be submitted within 14 days of the State of New Hampshire Pesticide Application Permit approval. All Other submittals shall be submitted according to the dates listed in the submittals section of this Performance Work Statement. The Government reserves up to 21 days for review and acceptance on each submittal/resubmittal from the date of receipt. If revisions are necessary to the submittals, the Contractor shall make such revisions and shall be resubmitted to the Government in an acceptable form within 14 days of the Government's response, unless additional time is granted by the Government in writing. No field work may proceed prior to the acceptance of pre-work submittals. No work shall be done on weekends or Government holidays. *

* The schedule for herbicide application will be determined by and must strictly adhere to the permit requirements set forth by the New Hampshire Department of Agriculture, Division of Pesticide Control Special Aquatic Permit. No work shall commence until the aforementioned permit is approved by the State of New Hampshire

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 (AHA):

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_Aug%202024%20-%20FINAL.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_Sep%202024%20-%20FINAL.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_Site%20Safety%20&%20Health%20Officer%20(SSHO)%20Designation%20Letter_2024%2009% 2013%20-%20Final.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 Performance Work Statement, 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_Form_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. Flooding - Franklin Falls Dam is primarily a Flood Risk Management Project. Occasional retention of floodwaters may inundate portions of the dam property or access roads in the areas covered by this contract. The TPOC will notify the Contractor as areas are closed as a result of floodwaters.

When flooding ends and waters recede, the TPOC will notify the Contractor as areas reopen and services may resume.

7. Pre-Work Conference - Prior to the start of any work, the TPOC will schedule and conduct a "Pre-Work Conference". The Contractor's Project Manager and Quality Control Personnel shall 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-Work Conference the Contractor shall provide the name of the Project Superintendent with a telephone number for project coordination.

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

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

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

iii. Accident Prevention Plan and Activity Hazard Analysis

iv. Safety Meetings (Documented on NED Form 251)

v. Accident Reporting (ENG Form 3394)

vi. Safety Data Sheet (SDS) requirements

vii. Contractor's Equipment

viii. Correspondence, Communication, Security and Administrative Procedures.

ix. Invoice and payment.

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.

The Contractor shall submit a "Special Permit Application - Aquatic" to the NH Division of Pesticide Control for the herbicide treatments prescribed in this Performance Work Statement. The Contractor will be required to review the terms of this permit and sign the application as the pesticide applicator upon permit approval.

9. Security - The Contractor will comply with all established security policies at the USACE Project. Due to periods of heightened security that may affect the access to the areas covered under this contract, the Government reserves the right to close any property or portion of property and reschedule and/or cancel any subsequent service. The Contractor shall be given at least 24-hour notice of any such closure.

10. Payment - The Contractor shall furnish the TPOC with one invoice per month or at the completion of services. Due to the specific nature of this Performance Work Statement, monthly invoices may not be necessary if work has not taken place while awaiting the treatment period. The invoice shall include the invoice date, contract number, dates of service, description of work, quantities, labor hours, and total amount due per line item. The invoice must also include the company letterhead, and this must match the data that is registered in the System for Award Management (SAM) registry. Payment shall be made monthly for the actual services performed at the applicable contract unit price.

All invoices may be mailed to:

U.S. Army Corps of Engineers Merrimack River Basin 2097 Maple Street Contoocook, New Hampshire 03229

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

II. Technical Requirements:

Part 1 General:

1. Summary - Furnish all equipment, materials, labor, and transportation necessary to apply a systematic aquatic herbicide to control variable milfoil at the Franklin Falls Dam Flood Control Project. Contractor's work and responsibility shall include, but not be limited to, all job planning, programming, scheduling, administration, inspection, personnel, equipment, vehicles, fuel, materials, supplies, supervision, and quality control necessary to perform the various services required herein. As such, costs for mobilization and de-mobilization should be figured into the cost for doing this work as those costs are not listed as a separate task. All work shall be completed in accordance with the following Performance Work Statement and schedule.

2. Submittals - Although the Government reviews submissions required by this Performance Work Statement, it is emphasized that the Contractor's work must be completed using proper internal controls and review procedures. The Government reserves up to 21 days for review and acceptance on each submittal/resubmittal from the date of receipt. If revisions are necessary to the submittals, the Contractor shall make such revisions and shall resubmit to the Government in an acceptable form within 14 days of the Government's response, unless additional time is granted by the Government in writing.

The documents identified below must be prepared in accordance with the applicable standards, submitted to the TPOC for review and must be accepted by the Government.

a. Initial: Submitted within 14 days of Contract Award. Submittals must be accepted before the commencement of any field work.

State of New Hampshire Authorized Commercial Applicator license(s) - The Contractor will be required to submit verification that their license as a State of New Hampshire Authorized Applicator is current and in good standing.

Boat Operating Certifications - (USCG Auxiliary, National Association of Safe Boating Law Administrators, or equivalent).

b. Pre-Work: Submitted within 14 days of State of New Hampshire Pesticide Application Permit approval. Submittals must be accepted before the commencement of any field work.

ENG Form 6293 (Accident Prevention Plan Worksheet) Activity Hazard Analysis; non-mandatory template available: ENG Form 6206 (Activity Hazard Analysis ENG Form 6282 (Site Safety and Health Officer Designation Letter) First-Aid and CPR Personnel requirements Permit(s) - Completed, approved pesticide application permit package from the State of New Hampshire.

i. Shall include all necessary public listings and mailings to abutters, and any in-field access-point notification flyers.

Schedule of work.

Safety Data Sheets (SDS) - For all chemicals and/or products used on-site.

c. Other Submittals: Submittals required prior to final payment.

Data Files - GIS shape file that shows the actual passes or spray zones of the treatment boats as recorded by a differential DGPS system. (To be submitted to USACE no later than December 31, 2025).

Water sample test results and reports - As required by State of NH Special Permit and contract requirements. (To be submitted after State of NH Review and Approval and submitted to USACE no later than October 31, 2025).

Final Report - In accordance with Pes 603.03(c)(21), a brief report discussing:

i. Efficacy of treatment measures and recommendations for future monitoring and control,

ii. Map showing the actual differential GPS (DGPS) track of treatment boats relative to the treatment area,

iii. Final product(s) volumes, quantities, and concentrations in all treated areas, and

iv. All water sampling results and lab reports.

v. This document may be e-mailed to the TPOC in PDF format. (To be submitted after State of NH Review and Approval and submitted to USACE no later than December 31, 2025).

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

a. Env-Ws 1700 includes the State's surface water quality regulations, New Hampshire Department of Environmental Services (NHDES).

b. RSA Chapter 430 (Section 30-39 Pesticides Controls) Insect Pests and Plant Diseases, General Court of New Hampshire.

c. U.S Army Corps of Engineers

i. EM-385-1-1 2024 Safety and Occupational Health Requirements, U.S. Army Engineering Manual.

d. Code of Federal Regulations

i. Title 36 - Parks, Forests, and Public Property; Chapter III, Part 327 - Corps of Engineers, Department of the Army.

e. Other appropriate Federal, State, and local codes and regulations.

4. Other Contracts - The Government may undertake or award other contracts for additional work not related to this contract, and the Contractor shall fully cooperate with other contractors and Government employees. The Contractor shall not commit or permit any act which will interfere with the performance of work by another contractor or by Government employees.

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

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

7. Environmental Protection - Containers for excess and/ or waste materials, rubbish, etc. shall be provided by the Contractor at the site, and the site will be inspected/ cleaned on a daily basis when working onsite. Water, air, and land resources shall not be adversely impacted during the course of the work. The Contractor will take necessary steps to ensure all Federal, State, and local environmental regulatory requirements are met at no additional cost to the Government. Assurance of compliance with this section by subcontractors shall be the responsibility of the Contractor.

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

9. Government Resources -The Contractor shall supply his 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.

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

11. Contractor's Personnel -

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

Note: At least one of the Contractor employees on site shall be able to communicate effectively and efficiently with project staff.

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

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

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

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

iii. Unsafe operation of vehicles while on USACE property.

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

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

13. Inspections-

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

b. General Inspection - Upon the completion of each service requirement, the Contractor will perform an inspection of all areas under this contract to ensure compliance with the Performance Work Statement. The Contractor or their representative must be able to commit personnel, equipment, and resources to correct deficiencies. A Government representative may accompany the Contractor on an inspection of completed work and will identify any contract deficiencies. Any deficiencies noted will be corrected within original contract time frames or appropriate deductions in payment will be made for work not corrected.

c. Equipment/Supplies Inspections - The TPOC may inspect required equipment and, supplies at any time when in use on Government property. Any equipment found deficient shall be removed from service immediately until faulty conditions have been corrected and passed by the TPOC. No such removal will reduce the Contractor's obligation to perform all work required within the time scheduled under this contract. This requirement shall not be made the basis of any claim for compensation or damages against the United States or any of its officers or agents.

d. Government Inspections - The Government will monitor the Contractor's service performance and make deductions accordingly for work not corrected with the time permitted.

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

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

Part 2 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 Occupational 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. Equipment Storage - No Government space or facilities shall be provided under this contract.

Part 3 Materials and Supplies:

1. Provided by Government:

a. N/A

2. Provided by Contractor:

a. 2,4-D or Florpyrauxifen-benzyl is the preferred chemical as specified by the State of New Hampshire Division of Pesticide Control Permit Applications for the water habitat present at the treatment locations.

b. The maximum amount of the formulation to be applied will be regulated by the final approved permit specifications.

c. The State of New Hampshire approved herbicide, along with specific application rates, concentrations, and maximums will be determined upon the final approved permit specifications.

Note: The Contractor shall submit one copy of the manufacturer's Safety Data Sheet for each chemical proposed for use on Government property to the TPOC for acceptance.

Part 4 Service Requirements:

1. General: Furnish all equipment, materials, labor, and transportation necessary to apply a systematic aquatic herbicide to control variable milfoil at the Franklin Falls Dam Flood Control Project. Contractor's work and responsibility shall include, but not be limited to, all job planning, programming, scheduling, administration, inspection, personnel, equipment, vehicles, fuel, materials, supplies, supervision, and quality control necessary to perform the various services required herein. As such, costs for mobilization and de-mobilization should be figured into the cost for doing this work as those costs are not listed as a separate task. All work shall be completed in accordance with the following Performance Work Statement and schedule.

2. Service Definition:

a. One service is defined as a single completion of all requirements for each task as described in Section 3, Service Tasks below. For example, one Herbicide Treatment service would include completing all subcomponents described in Section 3, Service Tasks at all service locations.

b. The Contractor shall only be paid for work fully completed. If a partial service is rendered, payment will be adjusted according to percent of area completed. Partial service is defined as completing anything other than all tasks for designated locations as identified in Part 4, Service Location(s).

3. Service Tasks:

a. Task 1 - Permit Application Coordination:

i. The U.S. Army Corps of Engineers Franklin Falls Dam Flood Control Project is the applicant for the Special Permit Application - Aquatic;

submitted to the NH Department of Agriculture, Division of Pesticide Control.

ii. Upon receiving notification of approval, the Contractor will provide the TPOC with a complete original copy of the permit application, including all attachments. The Contractor must submit an original signed confirmation as the applicator to the NH Department of Agriculture, Division of Pesticide Control. The signed confirmation to the Division of Pesticide Control shall be sent certified mail, return receipt requested with a copy furnished to the TPOC.

iii. Should it become necessary, the Contractor will be required to attend public hearings at no additional cost to the Government.

b. Task 2 - Herbicide Treatment:

i. Prior to any treatment, the Contractor is responsible for creating and posting signs adjacent to treatment areas and in sufficient number to meet the specifications of the Special Permit.

ii. The Contractor shall apply an appropriate systemic aquatic herbicide to treatment areas (see Treatment Map #2, indicating two treatment areas).

The required treatment areas must be treated. Herbicide application rates shall follow manufacturer's recommendations and accepted industry practice and be adequate to provide effective control within the target area. Dosage can be adjusted for shallower or deeper water depths based on manufacturer's recommendations and specific permit requirements from the State of New Hampshire.

1) Herbicide Treatment Area 1: The Treatment Area 1 contains the minimum treatment area required of approximately 12 acres at the Franklin Falls Project.

a) Treat 12 acres: Quantity of 1

b) See Area Map #1 and Treatment Map #2

2) Herbicide Treatment Area 2: The Treatment Area 2 contains the minimum treatment area required of approximately 5 acres at the Franklin Falls Project.

a) Treat 5 acres: Quantity of 1

b) See Area Map #1 and Treatment Map #2

iii. A differential GPS system with at least 3-to-5-meter accuracy shall be used during the treatment to ensure even application of the herbicide.

Should the presence of stumps inhibit or limit access to the full treatment area by a larger air boat, the Contractor must also be equipped with: A) hoses to be able to spray the herbicide into zones targeted for treatment, and/ or B) smaller boats to use to gain access to the full range of the indicated treatment areas.

iv. The treatment shall be completed before September 30, 2025, and will be determined based on the specifications of the approved permit from the Division of Pesticide Control. Any follow up treatments shall be completed no later than September 30, 2025. The treatment must be completed within two consecutive days.

c. Task 3 - Water Testing and Reporting:

i. Test water and submit required reports to the New Hampshire Division of Pesticide Control per permit requirements with copies furnished to the TPOC. The tests and reports include, but are not limited to, pre and post treatment surveys.

1) Post Treatment Surveys may be conducted within the first ten (10) days of treatment, and no later than thirty (30) days after treatment.

ii. In accordance with the Permit, post treatment herbicide residue sample shall be collected. This sample shall be collected on the tenth (10th) day and an analysis of the sample will be conducted by a private National Environmental Laboratory Accreditation Conference accredited laboratory.

d. Task 4 - OPTION: Additional Water Testing and Reporting:

i. One additional water sample may be required if concentrations are in excess of thresholds established in the State of New Hampshire Permit.

ii. The Contractor shall immediately notify the TPOC should the results of the previous samples indicate a need for additional sampling.

iii. The additional sample shall be collected, with an analysis of sample conducted by a private National Environmental Laboratory Accreditation Conference accredited laboratory.

iv. The Government is only obligated to pay for work completed.

e. Task 5 - Final Report:

i. Final Report - In accordance with Pes 603.03(c)(21), a brief report discussing the efficacy of treatment measures and recommendations for future monitoring and control. A map showing the actual differential GPS (DGPS) track of treatment boats relative to the treatment area. All product(s), quantities and concentrations used, by location. This document may be e-mailed to the TPOC in PDF format after the State of New Hampshire Review and Approval and no later than December 31, 2025).

Part 4 Service Location(s):

1. Location(s):

The areas to be treated include locations along the shoreline of Pemigewasset River immediately north of the Franklin Falls Dam in Franklin, NH and continuing upstream to Sanbornton, NH approximately two (2) miles north of the Franklin Falls Dam (See Treatment Map #2).

2. Access:

Access is provided by a boat ramp at Shaw Cove. The Shaw Cove boat ramp is located off of Shaw Cove Road in Sanbornton, NH.

3. Abutters:

The Government owns all of the land surrounding Franklin Falls Dam in fee. There are NO private drinking wells that may be affected by this milfoil treatment at the Pemigewasset site. The nearest abutting property to the potential treatment areas is 500 feet, and the nearest residence is over 1,000 feet from the treatment areas.

Requirements See Performance Work Statement and Attachments included with this solicitation for additional information.

Continuation of Deliveries or Performance

Delivery On Or Before Delivery Date 31 Dec 2025

Line Item Delivery Schedule Quantity Address and POC

Delivery On Or Before Delivery Date 31 Dec

1 Job Place of Performance DoDAAC: 961403 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

FRANKLIN FALLS DAM NEW ENGLAND DIST, RT 127 NEW

HAMPTON RD

FRANKLIN, NH 03235-0340

UNITED STATES

JOSHUA S LEVESQUE, DELIVER_TO_EMP_ID_NO

Email: joshua.s.levesque@usace.army.mil Telephone: 978-318-8304

Delivery On Or Before Delivery Date 31 Dec

1 Job Place of Performance DoDAAC: 961403 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

FRANKLIN FALLS DAM NEW ENGLAND DIST, RT 127 NEW

HAMPTON RD

FRANKLIN, NH 03235-0340

UNITED STATES

JOSHUA S LEVESQUE, DELIVER_TO_EMP_ID_NO

Email: joshua.s.levesque@usace.army.mil Telephone: 978-318-8304

Delivery On Or Before Delivery Date 31 Dec

1 Job Place of Performance DoDAAC: 961403 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

FRANKLIN FALLS DAM NEW ENGLAND DIST, RT 127 NEW

HAMPTON RD

FRANKLIN, NH 03235-0340

UNITED STATES

JOSHUA S LEVESQUE, DELIVER_TO_EMP_ID_NO

Email: joshua.s.levesque@usace.army.mil Telephone: 978-318-8304

Delivery On Or Before Delivery Date 31 Dec

1 Job Place of Performance DoDAAC: 961403 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

FRANKLIN FALLS DAM NEW ENGLAND DIST, RT 127 NEW

HAMPTON RD

FRANKLIN, NH 03235-0340

UNITED STATES

JOSHUA S LEVESQUE, DELIVER_TO_EMP_ID_NO

Email: joshua.s.levesque@usace.army.mil Telephone: 978-318-8304

Option Line Item

Delivery On Or Before Delivery Date 31 Dec

1 Job Place of Performance DoDAAC: 961403 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

FRANKLIN FALLS DAM NEW ENGLAND DIST, RT 127 NEW

HAMPTON RD

FRANKLIN, NH 03235-0340

UNITED STATES

JOSHUA S LEVESQUE, DELIVER_TO_EMP_ID_NO

Email: joshua.s.levesque@usace.army.mil Telephone: 978-318-8304

Delivery On Or Before Delivery Date 31 Dec

1 Job Place of Performance DoDAAC: 961403 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

FRANKLIN FALLS DAM NEW ENGLAND DIST, RT 127 NEW

HAMPTON RD

FRANKLIN, NH 03235-0340

UNITED STATES

JOSHUA S LEVESQUE, DELIVER_TO_EMP_ID_NO

Email: joshua.s.levesque@usace.army.mil Telephone: 978-318-8304

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023 52.219-6 Notice of Total Small Business Set-Aside. Nov 2020 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

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 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. May 2024

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 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7010 Levies on Contract Payments. Dec 2006 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023

FAR Clauses Incorporated by Full Text

52.219-28 Postaward Small Business Program Rerepresentation. (Jan 2025)

Postaward Small Business Program Rerepresentation (Jan 2025)

(a) . As used in this clause-Definitions

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern-

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.

(2) , as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or Affiliates a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented its status as any of the small business concerns identified at 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, for the NAICS code assigned to an order (except that paragraphs (c)(1) through (3) of this clause do not apply to an order issued under a Federal Supply Schedule contract at subpart 8.4)-

(1) Set aside exclusively for a small business concern identified at 19.000(a)(3) that is issued under an unrestricted multiple-award contract, unless the order is issued under the reserved portion of an unrestricted multiple-award contract ( e.g., an order set aside for a woman-owned small business under a multiple-award contract that is not set-aside, unless the order is issued under the reserved portion of the multiple-award contract);

(2) Issued under a multiple-award contract set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the underlying multiple-award contract ( e.g., an order set aside for a HUBZone small business concern under a multiple-award contract that is set aside for small businesses);

(3) Issued under the part of the multiple-award contract that is set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the underlying set-aside part of the multiple-award contract ( e.g., an order set aside for a WOSB concern under the part of the multiple-award contract that is partially set aside for small businesses); and

(4) When the Contracting Officer explicitly requires it for an order issued under a multiple-award contract, including for an order issued under a Federal Supply Schedule contract (see 8.405-5(b) and 19.301-2(b)(2)).

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that…