Solicitation W912WJ25QA049.pdf

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Pavement Crack Sealing and Seal Coating, Surry Mountain Dam, Surry, NH
Solicitation number
W912WJ25QA049
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This is a Request for Quotation (RFQ) solicitation from the U.S. Army Corps of Engineers New England District for pavement crack sealing and seal coating at Surry Mountain Dam in Surry, New Hampshire. The contract requires the contractor to provide all labor, materials, and equipment to prepare, crack seal, and apply a bituminous surface treatment to approximately 2,800 linear feet of asphalt road (16-21 feet wide) and two large and two small parking areas totaling approximately 18,600 square feet. The work must be completed in accordance with New Hampshire Department of Transportation standards, with a performance period of 365 days from the Notice to Proceed.

The solicitation is set aside for small businesses, with a North American Industry Classification System (NAICS) code of 237310 and a small business size standard of $45 million. The estimated contract value is between $25,000 and $100,000. Contractors must have an active System for Award Management (SAM) registration, and the contract will be awarded based on price alone. Key requirements include submitting an Accident Prevention Plan, providing payment and performance bonds, conducting daily safety meetings, and performing work between 7:00 AM and 3:30 PM Monday through Friday, with no work permitted on weekends or government holidays.

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REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE

15. DATE OF QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

b. TELEPHONE

AREA CODE

NUMBER

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

8. TO:

b. COMPANYa. NAME

c. STREET ADDRESS

d. CITY e. STATE f. ZIP CODE

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

c. CITY

d. STATE e. ZIP CODE

7. DELIVERY

FOB DESTINATION

OTHER

(See Schedule)

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

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 service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation 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)

AMOUNT

(f)

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER

a. NAME OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

PAGE OF PAGES

1. REQUEST NO. 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING

5a. ISSUED BY 6. DELIVER BY (Date)

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

NAME TELEPHONE NUMBER

AREA CODE NUMBER

Section A - Solicitation/Contract Form

Pavement Crack Sealing and Seal Coating, Surry Mountain Dam, Surry, NH

W912WJ25QA049

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

INSTRUCTION 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.

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. 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 Supplies/Service Quantity Unit Unit Price Amount

Contractor shall provide all labor, materials, equipment, and transportation necessary for preparing the pavement surface and sealing all cracks on the dam road and dam parking areas at Surry Mountain Lake, Surry, NH in accordance with the Statement of Work.

Pricing Arrangement: Firm Fixed Price

1 Job

Contractor shall provide all labor, materials, equipment, and transportation necessary for preparing the pavement surface and applying a bituminous surface treatment (seal coat) to the dam road and dam parking areas at Surry Mountain Lake, Surry, NH in accordance with the Statement of Work.

Pricing Arrangement: Firm Fixed Price

1 Job

Section C - Description/Specifications/Statement of Work

STATEMENT OF WORK:

SURRY MOUNTAIN DAM CRACK SEAL AND SEAL COAT

U.S. ARMY CORPS OF ENGINEERS

SURRY MOUNTAIN LAKE

SURRY, NEW HAMPSHIRE

STATEMENT OF WORK

I. General:

1. Scope - Furnish all labor, materials, and equipment necessary for preparing, crack sealing, and applying a bituminous surface treatment (seal coat) to approximately two-thousand eight hundred feet (2,800') long by varying width from sixteen feet (16') to twenty-one feet (21') of asphalt road with two (2) large parking areas, and two (2) small parking areas. The parking areas total approximately eighteen-thousand six-hundred square feet (18,600 sqft). The measurements as described are approximates, it is the Contractors responsibility to verify measurements. All work is to be completed in accordance with New Hampshire Department of Transportation (NHDOT) standards and with the following Statement of Work.

2. Location - Surry Mountain Lake Project Office is located at 108 Surry Dam Rd. Surry, N.H. 03431

3. Site Visit - A site visit is highly recommended. No extra payment will be allowed for perceived additional work caused by unfamiliarity with site conditions and requirements. Contact the Technical Point of Contact to arrange a site visit. The Technical Point of Contact for the project is Park Ranger, Mike Servant 978-318-8300 or Michael.E.Servant@usace.army.mil

4. Schedule - The work shall be completed no later than 365 days after Notice to Proceed. The Contractor will coordinate with the Government for the estimated start date. Work shall be performed Monday through Friday 7:00 AM to 3:30 PM unless otherwise approved by the Technical Point of Contact. No work shall be done on weekends or Government holidays.

All pre-work 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-work 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 Technical Point of Contact upon request.

c. Activity Hazard Analysis (AHA):

An AHA shall be submitted and accepted for each definable feature of work (DFOW) in accordance with EM 385-1-1, Chapter 2-6. A DFOW is defined as any task, which is separate and distinct from other tasks, has separate control requirements, or is identified as different trades or disciplines.

The AHA shall be continuously reviewed and revised to address changing site conditions as appropriate.

For a non-mandatory formatted outline of an AHA, see ENG Form 6206 (Activity Hazard Analysis) https://www.publications.usace.army.mil/Portals/76/Eng_Form_6206_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 Technical Point of Contact in accordance with EM 385-1-1, Table 2-1.

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

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

h. Employee Exposure Data:

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

6. Pre-Construction Conference - Prior to the start of any work, the Technical Point of Contact 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 Technical Point of Contact to outline the procedures that will be followed by the Government in its administration of the contract, and to discuss the performance that will be expected from the Contractor. This conference will allow the Contractor an opportunity to ask questions about the Government's administration and inspection of contract work or obtain other pertinent information that might be required. At the Pre-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 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. 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 Surry 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. Payment - After final inspection and acceptance by the Government, the Contractor must submit an invoice to the Technical Point of Contact. 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 Otter Brook Lake 480 Branch Rd.

Keene, N.H. 03431

Or Emailed to Michael.E.Servant@usace.army.mil and christie.l.baker@usace.army.mil

II. Technical Requirements:

Part 1 General:

1. Summary - Furnish all labor, materials, and equipment necessary for prepping, crack sealing and applying a bituminous surface treatment (seal coat) to approximately two-thousand eight hundred feet (2,800') of asphalt road with two (2) large parking areas, and two (2) small parking areas. The parking areas total approximately eighteen-thousand six-hundred square feet (18,600sqft). The measurements as described are approximates, it is the Contractors responsibility to verify measurements. All work is to be completed in accordance with NHDOT standards and 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 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 Technical Point of Contact for review and accepted by the Government.

a. Pre-work: Submitted within twenty-one (21) days of Notice to Proceed. Submittals must be accepted prior to the commencement of any field work.

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

viii. Product Data:

o Crack Sealer o Bituminous Surface Treatment

3. Existing Conditions:

a. The Surry Mountain Dam access road was paved in 2008 and is in fair to good condition and approximately two thousand eight hundred feet (2,800') long with four (4) parking areas of various sizes. The road varies in width from sixteen feet (16') to twenty-one feet (21'). See informational Photos. The measurements as described are approximates, it is the Contractors responsibility to verify measurements. The road sees light traffic, especially about two-thirds of the road, where it is walk-in only except for authorized vehicles. There is a bridge with a concrete surface that is not to be treated with asphalt and not included in this contract.

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. 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 Technical Point of Contact. All waste material will be disposed of offsite in accordance with all Federal, State, and local regulations.

6. 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.

7. 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.

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

9. Government Resources - The Government will supply any water necessary for the project work from points of existing faucets when available. The Contractor shall carefully conserve the use of water provided. The Contractor shall supply their own means of communication (telephone).

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 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 Technical Point of Contact of damage to Government facilities due to vandalism or other causes on the day such damage is first noticed. Trucks and/or trailers will be driven on existing roads only and not across or through park areas to facilities. 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 Technical Point of Contact, 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 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 Technical Point of Contact may require the Contractor to immediately remove from the work site any employee of the Contractor or subcontractor, who, in the opinion of the Technical Point of Contact, is incompetent, who endangers persons or property, or whose physical or mental condition is such that it would impair the employee's ability to satisfactorily perform assigned work.

Notification to the Contractor shall be promptly made in writing if time and circumstances permit. Otherwise, notification shall be verbal or by telephone and shall be confirmed in writing as soon as possible. No such removal, however, will reduce the Contractor's obligation to perform all work required under this contract, and immediate replacement will be made as required. This requirement shall not be made the basis of any claim for compensation or damages against the United States or any of its officers or agents.

12. 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.

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

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.

Part 2 Products:

All products shall be new, unused and to the satisfaction of the Technical Point of Contact. Products shall be approved by the Technical Point of Contact prior to installation.

1. Crack Sealer -

a. Fiberized Crack Sealant

b. Polymer and crumb rubber modified asphalt cement (PCRM) asphalt.

2. Bituminous Surface Treatment -

a. Liquid Asphalt Emulsion in conformance with NHDOT standards.

b. Uniformly graded aggregate of 1/2" or less.

c. Aggregate to be clean, dust-free, hard, and uniform.

3. Condition of Equipment- All equipment used to perform work under this contract must be in good operating and mechanical condition and comply with EM 385-1-1, Army Corps of Engineers Safety and Health Requirements. A regular schedule of preventive maintenance must be followed on all equipment. All vehicles utilized under this contract will be presentable, serviceable, and shall comply with safety standards.

4. Equipment Storage - The Government will provide a storage area and parking for Contractor personnel. The Contractor may store certain pieces of equipment during the duration of the contract. Any equipment storage must be coordinated and approved by the Technical Point of Contact. The Contractor is responsible for protecting any stored material until it is placed in service.

5. Mobilization, Demobilization, and Other Equipment Costs: The scope will include mobilization and demobilization, fuel surcharge and any permits to get the equipment to Surry Mountain Lake and the Contractor shall quote this accordingly.

Part 3 Execution:

1. Crack Sealing -

a. Surface Prep:

i. Cracks are to be cleaned to ensure no loose aggregate or organic material is present.

ii. Cracks shall be cleaned to a depth at least equal to the width of the crack.

iii. Cracks which are less than three quarters of an inch (3/4") (20 mm) in width or depth will require routing to a width and depth of three quarters of an inch (3/4") to seven eighths of an inch (7/8") (20 to 22 mm).

iv. Cracks which are three quarters of an inch (3/4") (20 mm) or greater in width and depth will not require routing.

v. The walls of the finished routed reservoir shall be vertical, and the reservoir bottom shall be flat.

vi. Routing will not be allowed when the roadway is wet.

vii. Routing equipment shall be mechanical, power driven, and capable of cutting a reservoir to the required dimensions. Equipment designed to plow the cracks to dimension will not be permitted.

b. Crack Sealing Application:

i. Reservoirs and cracks shall be thoroughly cleaned of dust, dirt, and loose materials so that it is clean and dry at the time the blocking medium or sealant is applied.

ii. If a routed reservoir or crack is left overnight, it shall be re-cleaned immediately before the blocking medium or sealant is applied.

iii. The routed asphalt and foreign material resulting from the reservoir preparation shall be removed from the roadway surface before an area is opened to traffic.

iv. Cracks three eights of an inch (3/8") (10 mm) or greater in width, which exists below the routed and cleaned reservoir, shall be filled with a blocking medium to ensure a nominal sealant depth equal to the width of the reservoir.

v. Surface shall be dry with no rain will be forecasted within 4 hours of sealant being installed.

vi. Existing rubberized crack sealer that is loose or not bonded to the existing pavement shall be removed and disposed of offsite.

vii. Sealant shall be applied to the manufacturer's and NHDOT recommendations.

viii. Application shall only happen at a minimum of forty (40) degrees F and rising or greater, with low humidity.

2. Seal Coat -

a. Surface Prep:

i. Asphalt surfaces shall be cleaned to be free of debris and organic matter.

ii. Surfaces shall be prepped according to manufacturer recommendations to ensure proper bonding.

b. Seal Coat Application:

i. Asphalt emulsion shall be applied 0.2-0.4gal/square yard.

ii. Half inch (1/2") aggregate shall be applied before the emulsion "breaks" to ensure proper adherence.

iii. Aggregate shall be put down at a rate of twenty (20) to thirty (30) pounds per square yard.

iv. Aggregate shall be compacted using a roller or equipment designed to set aggregate in an asphalt emulsion.

v. Aggregate shall have a minimum fifty percent (50%) embedding rate.

vi. After aggregate has been properly embedded, a final coat of asphalt emulsion will be applied.

vii. All asphalt emulsion and aggregate shall be applied in conformance with NHDOT standards.

viii. Total thickness not to exceed three quarters of an inch (3/4").

ix. Application shall only happen at a minimum of forty (40) degrees F and rising or greater, with low humidity, and no rain forecasted for twenty-four (24) hours.

x. If complete road closure is required, it is the Contractor's responsibility to sign and block access to the road. Any closures will be communicated to the Technical Point of Contact.

3. Clean-up -

a. All excess materials including but not limited to; excess aggregate and crack sealer shall be cleaned up and disposed of off-site.

b. Asphalt emulsion shall be applied carefully as to not leak off the roadway.

c. Any stains on Government buildings or equipment from the application of the products shall be cleaned to return to their condition before application.

Requirements Pavement Crack Sealing and Seal Coating, Surry Mountain Dam, Surry, NH

Product Service Code: Y1LB

Product Service Code: Y1LB

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.246-12 Inspection of Construction. Aug 1996

Section F - Deliveries or Performance

Line Item Delivery Schedule Quantity Address and POC

Delivery Schedule From date of lead time event to completion of performance 365 Calendar Days Date of Notice to Proceed Receipt

1 Job Place of Performance DoDAAC: 961406 CountryCode: USA

CORPS OF ENGINEERS NEW ENGLAND DIST

NEW ENGLAND DIST NAE-CO-UC-OB, SURRY MT

LAKE SURRY DAM RD

KEENE, NH 03431

UNITED STATES

Michael E Servant, DELIVER_TO_EMP_ID_NO Email: Michael.E.Servant@usace.army.mil Telephone: 978-318-8300

Delivery Schedule From date of lead time event to completion of performance 365 Calendar Days Date of Notice to Proceed Receipt

1 Job Place of Performance DoDAAC: 961406 CountryCode: USA

CORPS OF ENGINEERS NEW ENGLAND DIST

NEW ENGLAND DIST NAE-CO-UC-OB, SURRY MT

LAKE SURRY DAM RD

KEENE, NH 03431

UNITED STATES

Michael E Servant, DELIVER_TO_EMP_ID_NO Email: Michael.E.Servant@usace.army.mil Telephone: 978-318-8300

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.236-7000 Modification Proposals--Price Breakdown. Dec 1991

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 DETERMINATIONS:

The Wage Determination for this project can be found at:

https://sam.gov/wage-determination/NH20250034/0 Wage Determination No.: NH20250034 Modification No.: 0 Revised Date: 03 January 2025

W912WJ25QA049

https://sam.gov/wage-determination/NH20250034/0

Section I - Contract Clauses

UAI 5152.249-9000 Basis for Settlement of Proposals

Actual costs will be used to determine equipment costs for a settlement proposal submitted on the total cost basis under Federal Acquisition Regulation (FAR) 49.206-2(b). In evaluating a termination settlement proposal using total cost basis, the following principles will be applied to determine allowable equipment costs.

(a) Actual costs for each piece of equipment, or groups of similar serial or series equipment, need not be available in the contractor's accounting records to determine total actual equipment costs.

(b) If equipment costs have been allocated to a contract using predetermined rates, those charges will be adjusted to actual costs.

(c) Recorded job costs adjusted for unallowable expenses will be used to determine equipment operating expenses.

(d) Ownership costs (depreciation) will be determined using the contractor's depreciation schedule (subject to the provisions of Federal Acquisition Regulation (FAR) 31.205-11).

(e) License, taxes, storage and insurance costs are normally recovered as an indirect expense and unless the contractor charges these costs directly to contracts, they will be recovered through the indirect expense rate.

(End of Clause)

52.003-4015 MAGNITUDE OF PROJECT

The estimated cost of the work is between $25,000 and $100,000.

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 52.204-19 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 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts. May 2024 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 Pledges of Assets (DEVIATION 2020-O0016) Feb 2021 Deviation 2020-O0016 Apr 2020 52.228-12 Prospective Subcontractor Requests for Bonds. Dec 2022 52.228-14 Irrevocable Letter of Credit. Nov 2014 52.232-23 Assignment of Claims. May 2014 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 52.236-21 Specifications and Drawings for Construction. Feb 1997 52.242-14 Suspension of Work. Apr 1984 52.243-5 Changes and Changed Conditions. Apr 1984 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form). Apr 1984

52.249-10 Default (Fixed-Price Construction). Apr 1984

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 252.204-7000 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.

(DEVIATION 2024-O0013 REVISION 1)

May 2024 Deviation 2024-O0013 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 DoD Progress Payment Rates (DEVIATION 2020-O0010) Oct 2014 Deviation 2020-O0010 Mar 2020 252.232-7010 Levies on Contract Payments. Dec 2006 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.247-7023 Transportation of Supplies by Sea. Oct 2024

FAR Clauses Incorporated by Full Text

52.211-10 Commencement, Prosecution, and Completion of Work. (Apr 1984)

Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to (a) commence work under this contract within calendar days after the date the Contractor receives the Notice to 21 Proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than .* The time stated 365 after Notice to Proceed for completion shall include final cleanup of the premises.

(End of clause)

52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than Commercial Products and Commercial Services). (DEVIATION 2025-O0003 and 2025-O0004)

(Jan 2025) Deviation 2025-O0004 (Mar 2025)

Terms and Conditions-Simplified Acquisitions (Other Than Commercial Products and Commercial Services) (MAR 2025) (DEVIATION 2025- O0003 )and 2025-O0004

(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 (section 743 of Division E, Title VII, of (Jan 2017) 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 (Section 1634 of Pub. L. 115-91).2023)

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

(iv) 52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328), unless the agency grants (Jun 2023) an exception - see paragraph (b) of 52.204-27.

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

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

(vii) [Reserved]

(viii) [Reserved]

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

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

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

(xii) 52.233-4, Applicable Law for Breach of Contract Claim (Pub. L. 108-77 and 108-78 (19 U.S.C. 3805 note)).(Oct 2004)

(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 .(Jan 2025)

(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 (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the (Nov 2023) 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 (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to (Jun 2020) 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 (E.O. 13126) (Applies to contracts for supplies exceeding the (Jan 2025) 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., Contracts for Materials, Supplies, Articles, and Equipment (41 (Jun 2020) U.S.C. chapter 65) (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S. Virgin Islands).

(v) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR (Jun 2020) 22.1303(a) on the date of award of this contract).

(vi) 52.222-36, Equal Employment for Workers with Disabilities (29 U.S.C. 793) (Applies to contracts over the threshold specified in (Jun 2020) FAR 22.1408(a) on the date of award of this contract, unless the work is to be performed outside the United States by employees recruited outside the…

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