Solicitation W912WJ26QA089.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)

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

CHEMICAL VEGETATION CONTROL SERVICES

U.S. ARMY CORPS OF ENGINEERS

FRANKLIN FALLS DAM

PERFORMANCE WORK STATEMENT

Bid Schedule

ITEM

TASK / DESCRIPTION UNIT QTY UNIT

PRICE

TOTAL

1 Base Treatment Area No. 1 - Parking Areas, in Front of Garages, and Walkways: herbicide treatment to all vegetation species under 3'' DBH.

Job 1

2 Base Treatment Area No. 2 - Needleshop Area:

herbicide treatment of all non-native invasive species under 3'' DBH.

Job

3 Base Treatment Area No. 3 - Coolidge Field Area: herbicide treatment to all non-native vegetation species under 3'' DBH.

Job 1

4 Option Treatment Area No. 1 - Coolidge NE:

herbicide treatment to all non-native vegetation species under 3'' DBH.

Job 1

5 Job 1

W912WJ26QA089

Option Treatment Area No. 2 - Old 3a: all woody vegetation under 3'' DBH within 10 feet of edge of both sides of the Old 3a woods road. Service area approximately 6.2 miles in length.

*** END OF NARRATIVE ***

Continuation of Description

INTERESTED VENDORS SHALL REVIEW THE "ADDENDUM TO 52.212-1" AND "ADDENDUM

TO EVALUATION" FOR INSTRUCTIONS AND EVALUATION CRITERIA. VENDORS ARE

RESPONSIBLE FOR ENSURING THEIR QUOTE SUBMISSION MEETS ALL REQUIREMENTS.

FAILURE TO DO SO MAY RESULT IN QUOTES BEING DEEMED NON-RESPONSIVE AND

REMOVED FROM CONSIDERATION.

THE MANDATORY SOLICITATION SURVEY SHALL BE COMPLETED IN ITS ENTIRETY AND

RETURNED WITH QUOTES. FAILURE TO DO SO MAY RESULT IN QUOTES BEING DEEMED

NON-RESPONSIVE AND REMOVED FROM CONSIDERATION.

PERFORMANCE WORK STATEMENT:

CHEMICAL VEGETATION CONTROL SERVICES

U.S. ARMY CORPS OF ENGINEERS

FRANKLIN FALLS DAM

PERFORMANCE WORK STATEMENT

I. General:

1. Scope - Furnish all labor, materials, transportation, permits, and equipment necessary to perform chemical vegetation control within the Franklin Falls Dam flood control project area. Base Treatment Area No.1 requires herbicide treatment to all vegetation less than 3-inch diameter at breast height (DBH) at parking areas, in front of garages and along walkways as shown on Informational Map 1, totaling approximately 1.15 acres. Base treatment area No. 2 requires herbicide treatment to all non-native invasive plants/shrubs/trees less than 3-inch DBH as shown on Informational Map 2, totaling approximately 3.1 acres. Base treatment area No. 3 requires herbicide treatment to all non-native invasive plants/shrubs/trees less than 3-inch DBH as shown on Informational Map 3, totaling approximately 22.5 acres. Option Treatment Area No. 1 requires herbicide treatment to all non-native invasive plants/shrubs/trees less than 3-inch DBH as shown on Informational Map 3 totaling approximately 44.4 acres. Option Treatment Area No. 2 requires herbicide treatment to all woody vegetation less than 3-inch DBH within 10 feet of each side of the woods road edges as shown on Informational Map 4, totaling approximately 6.2 miles in length (15.03 acres).

Non-native invasive plants/shrubs/trees are to be considered any plant/shrub/tree that is not native and is invasive to New Hampshire. The areas to be treated include but are not limited to wooded areas, open fields, and roadway edges, around Franklin Falls Dam. All work shall be completed in accordance with the following Performance Work Statement.

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

Permits: Completed, approved pesticide application permit package from the State of New Hampshire.

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

Schedule of work.

Safety Data Sheets.

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

2. Location(s) - The Franklin Falls Dam is located at 46 Granite Drive, Franklin, NH 03235. Work sites are located within the Franklin Falls Dam property in Franklin, Hill, Bristol, and New Hampton, NH.

3. Technical Point of Contact - After Contract Award, contact the Technical Point of Contact (TPOC) to begin coordination. The TPOC for this Contract is Park Ranger, Cody Symonds (978- 956-4143 or cody.j.symonds@usace.army.mil).

4. Site Visit - Site visits are strongly recommended to gauge the full scope of work and provide an accurate quote. Interested vendors should conduct a site visit to confirm understanding of the scope, inspect existing conditions, and familiarize themselves with the site(s) prior to submitting a quote. No extra payment will be allowed for perceived additional work caused by unfamiliarity with site conditions and requirements. Site visit attendees shall meet at the Franklin Falls Project Office at 46 Granite Drive, Franklin, NH 03235.

Site visits will be held on the specified dates and times listed below only:

a. April 24, 2026 at 10:00 AM Eastern

b. April 29, 2026 at 8:00 AM Eastern

Please Note - Site visits outside of these specific dates and times are not permitted unless additional site visit dates/times are publicized in an amendment. All questions during site visits will be sent to the Contract Specialist as indicated in the Instructions to Vendors and responses will be provided in an amendment. Information incorporated into the solicitation via amendment will become binding.

5. Schedule - The period of performance shall be from the Contract Award Date to 31 October 2026. The initial treatment shall be completed after Government acceptance of submittals and before 15 August 2026. Work shall be performed Monday through Friday during daylight hours unless otherwise approved by the TPOC. No work shall be done on weekends or Government holidays. The Pre -Work Conference shall be completed within 14 days of Contract Award.

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

*NOTE: The Contractor must submit the State of New Hampshire Pesticide Application Permit to the State of New Hampshire to allow enough time for review and approval, and to allow the Contractor to fully submit all submittals required (including the approved permit) to complete the initial treatment by 15 August 2026.

6. 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_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 or Qualified Persons 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.

7. Flooding - The Franklin Falls Dam is primarily a flood risk management project. Occasional retention of floodwaters may inundate portions the dam's property or access roads in the areas covered by this contract. The TPOC will notify the Contractor as areas are closed because of floodwaters. When flooding ends and waters recede, the TPOC will notify the Contractor as areas reopen and services may resume.

8. 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 be physically present at 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. Documented Safety Meetings

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.

9. Permits - The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses, permits, and letters of certification. The Contractor shall comply with any applicable Federal, State, county, and municipal laws, codes, and regulations in connection with the performance of the work specified under this contract.

10. Security - The Contractor will comply with all established security policies at the Franklin Falls Dam 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.

11. Payment - The Contractor shall furnish the TPOC with one invoice after all work has been completed. 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. For jobs greater than thirty (30) days, the Contractor may request multiple payments.

NOTE: Final Payment may be held until the Contractor has returned any and all issued keys to the TPOC at the completion of work. Any and all keys are required to be physically handed to the TPOC, or if mailed, the Contractor assumes all responsibility for loss (which may include the cost of rekeying the applicable project).

All invoices may be mailed to:

U.S. Army Corps of Engineers

Franklin Falls Dam

Attn: Cody Symonds

46 Granite Drive

Franklin, NH 03235

Or emailed to: cody.j.symonds@usace.army.mil

II. Technical Requirements:

Part 1 General:

12. Summary - Furnish all labor, materials, transportation, permits, and equipment necessary to perform chemical vegetation control within the Franklin Falls Dam flood control project area. Base Treatment Area No.1 requires herbicide treatment to all vegetation less than 3-inch diameter at breast height (DBH) at parking areas, in front of garages and along walkways as shown on Informational Map 1, totaling approximately 1.15 acres. Base treatment area No. 2 requires herbicide treatment to all non-native invasive plants/shrubs/trees less than 3-inch DBH as shown on Informational Map 2, totaling approximately 3.1 acres. Base treatment area No. 3 requires herbicide treatment to all non-native invasive plants/shrubs/trees less than 3-inch DBH as shown on Informational Map 3, totaling approximately 22.5 acres. Option Treatment Area No. 1 requires herbicide treatment to all non-native invasive plants/shrubs/trees less than 3-inch DBH as shown on Informational Map 3 totaling approximately 44.4 acres. Option Treatment Area No. 2 requires herbicide treatment to all vegetation less than 3-inch DBH within 10 feet of each side of the woods road edges as shown on Informational Map 4, totaling approximately 6.2 miles in length (15.03 acres).

The areas to be treated include but are not limited to wooded areas, open fields, and roadway edges, around Franklin Falls Dam. All work shall be completed in accordance with the following Performance Work Statement.

The Contractor will be issued a key for access to roads and trails closed by a locked gate during this contract. The key shall be returned to the TPOC within 30 days of contract completion or the period of performance ending. Vehicle access or ATV access is generally available from various service roads or trails however this is not true in each location. The 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.

PLEASE NOTE: The entire treatment area(s) is not drivable. Many areas may still need to be walked after driving to them.

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

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

a. Pre-Work Submittals: Submitted within 21 days of State of New Hampshire Pesticide Application Permit approval*. Submittals must be accepted prior to 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

Permits: Completed, approved pesticide application permit package from the State of New Hampshire.

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

Schedule of work.

Safety Data Sheets.

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

b. Other Submittals:

Chemical Utilization Report: For all chemicals and/or products used on-site.

*NOTE: The Contractor must submit the State of New Hampshire Pesticide Application Permit to the State of New Hampshire to allow enough time for review and approval, and to allow the Contractor to fully submit all submittals required (including the approved permit) to complete the initial treatment by 15 August 2026.

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

a. U.S. Army Corps of Engineers

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

b. Code of Federal Regulations

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

c. Other appropriate Federal, State, and local codes.

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

5. Preferred Sequence for Work Schedules - The Contractor must provide sufficient personnel, equipment, and materials to accomplish the services stated in the contract. The Contractor will coordinate a work schedule for each service and approximate times for beginning and ending each required service listed with the TPOC. Any proposed changes 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 shall perform all work in strict compliance with all applicable Federal, State, and local environmental laws, regulations, and permit requirements, including but not limited to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and all applicable policies of the U.S. Army Corps of Engineers, the Environmental Protection Agency, and in accordance with any site-specific pesticide application protections.

All pesticides shall be handled, transported, mixed, loaded, stored, and applied in a manner that prevents contamination of water, soil, and air. Mixing, loading, or storage within 100 feet of surface waters, wetlands, storm drains, or other conveyances to waters of the United States is prohibited unless expressly authorized in writing by the Contracting Officer. The Contractor shall implement appropriate erosion, sediment, drift, and runoff controls to prevent off-site movement.

Pesticides shall be applied strictly in accordance with EPA-approved labeling, and the Contractor remains fully responsible for ensuring compliance by all subcontractors, agents, and employees.

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 sites, and there is no access to potable water at the contract sites. The Contractor would have to provide these resources or have an acceptable alternative plan for these resources. The Government will provide access to a hose bib/spigot for the Contractor to use for filling their chemical tanks for work to be done on Government Property.

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 Qualifications -

a. Experience:

i. The Contractor shall be able to demonstrate at least 3 years' experience with chemical herbicide treatments.

b. License and/or Certifications:

i. All work shall be performed by Qualified Personnel.

ii. The Contractor shall have the appropriate current license issued by the State of New Hampshire for the work required and shall obtain and comply with any other necessary licenses or permits prior to beginning any work.

iii. The Contractor shall provide documentation of the appropriate licenses and certifications to the

TPOC.

iv. The Contractor shall have the knowledge/ability to identify non-native plants/shrubs/trees to the state of New Hampshire.

12. Contractor's Personnel -

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

Note: At least one (1) of the Contractor employees on site shall be able to communicate effectively and efficiently with project staff.

b. Employee Conduct - The Contractor shall be responsible for seeing that the Contractor's employees strictly comply with Code of Federal Regulations 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.

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. 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 work and make deductions accordingly for work not corrected with the time permitted.

15. Receiving and Storing Materials -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.

16. 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. Type(s) of Equipment-

a. The Contractor shall provide the appropriate equipment and tools of the trade to execute the requirements of the Performance Work Statement.

b. Type of equipment for this work may include, but not be limited to:

i. Sprayers, foggers, and augers

ii. Chemical tanks, pumps, and mixing supplies

iii. Vehicles and all-terrain equipment

iv. Hand tools such as saws, clippers, cutters, etc. (if treatment method requires cutting)

v. Other equipment related to chemical vegetation treatment as determined by the service requirements of this Performance Work Statement

NOTE: Transportation and fuel costs to and from the project location shall be included in the quoted amount for each location and service.

NOTE: No heavy equipment or machinery will be allowed to drive across the rip-rap slope of the dams, dikes, canal, or weirs unless approved in writing by the TPOC.

NOTE: The work outlined in this Performance Work Statement may consist of treatment areas that DO NOT allow access for full-sized vehicles and treatment equipment. The treatment areas are typically steep rock armored slopes that may not be accessible by normal vehicles or all-terrain vehicles.

3. Equipment Storage - No Government space or facilities shall be provided under this contract.

Part 3 Materials and Supplies:

1. Provided by Government:

a. Access to a hose bib/spigot for the Contractor's mixing tanks will be provided by the Government.

b. A key to grant access to gated service roads and trails.

2. Provided by Contractor:

a. All herbicides and/or chemicals for the Chemical Vegetation Control

i. All chemicals are to be applied in accordance with the manufacturer's recommendations and in accordance with the State requirements. All applications will be in strict compliance with applicable Federal and State laws and regulations and any USACE policies in a manner that protects human safety and the environment.

b. 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.

c. An official chemical tally sheet shall be provided to the TPOC with actual amounts, chemical(s) used, and areas treated.

Part 4 Service Requirements:

1. General: Furnish all labor, materials, transportation, permits, and equipment necessary to perform chemical vegetation control within the Franklin Falls Dam flood control project area. Base Treatment Area No.1 requires herbicide treatment to all vegetation less than 3-inch diameter at breast height (DBH) at parking areas, in front of garages and along walkways as shown on Informational Map 1, totaling approximately 1.15 acres. Base treatment area No. 2 requires herbicide treatment to all non-native invasive plants/shrubs/trees less than 3-inch DBH as shown on Informational Map 2, totaling approximately 3.1 acres. Base treatment area No. 3 requires herbicide treatment to all non-native invasive plants/shrubs/trees less than 3-inch DBH as shown on Informational Map 3, totaling approximately 22.5 acres. Option Treatment Area No. 1 requires herbicide treatment to all non-native invasive plants/shrubs/trees less than 3-inch DBH as shown on Informational Map 3 totaling approximately 44.4 acres. Option Treatment Area No. 2 requires herbicide treatment to all vegetation less than 3-inch DBH within 10 feet of each side of the woods road edges as shown on Informational Map 4, totaling approximately 6.2 miles in length (15.03 acres).

The areas to be treated include but are not limited to wooded areas, open fields, and roadway edges, around the Franklin Falls Dam. All work shall be completed in accordance with the following Performance Work Statement.

The Contractor will be issued a key for access to roads and trails closed by a locked gate during this contract. The key shall be returned to the TPOC within 30 days of Contract completion or the period of performance ending. Vehicle access or ATV access is generally available from various service roads or trails however this is not true in each location. The Contractor's work and responsibility shall include, but not be limited to, all job planning, programming, scheduling, administration, inspection, personnel, equipment, vehicles, fuel, materials, supplies, supervision, and quality control necessary to perform the various services required herein.

2. 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.

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 5, Service Location(s), and Task Requirements.

3. Service Tasks:

a. General Chemical Vegetation Control:

i. A minimum of two (2) days prior to the start of spraying, the Contractor shall post informational flyers at each of the service locations to notify the public of the herbicide spraying. At a minimum, the informational flyer shall state the dates of spraying, type of chemical being sprayed, any potential side effects for humans or animals, and the Contractor's contact information.

ii. The Contractor must follow all manufacturer's recommendations and permit requirements.

iii. The Contractor shall chemically treat the specified areas with State approved chemicals using State approved application methods.

iv. While applying chemicals, the Contractor shall take all precautions necessary for the protection of all persons, property, water resources, and natural resources, and will be held liable for any damages resulting from careless application of chemicals.

Water shall not be drawn from the river or stream for mixing the chemical used for application.

Instead, the Contractor may use a specified hose bib/spigot at the office locations. The TPOC shall indicate which spigot(s) are available for use.

Excess mixed chemicals shall not be discarded on the property, and at no time shall equipment or materials that have had contact with the chemical be rinsed in a river or stream.

v. All chemicals shall be applied in accordance with the State of New Hampshire's Rule PES 500 "Restrictions on the Application of Pesticides by Commercial Applicators and Permittees".

vi. No aerial applications shall be permitted.

vii. Chemicals should not be applied during the following periods unless following the manufacturer's guidelines and in accordance with the state permit and approval from the TPOC:

Twelve (12) hours before rain is predicted to occur.

During any showers or rainstorms.

During a twelve (12) hour period following a rainstorm.

When wind velocity exceeds five (5) miles per hour.

On Saturdays, Sundays, or Government Holidays.

viii. Forty-five (45) calendar days after completion of the herbicide application, the TPOC shall inspect the treated areas. If the herbicide application has less than a 90% kill rate, then the Contractor will be required to retreat the deficient areas within 30 days, at no additional expense to the Government.

ix. The Contractor shall inform the TPOC when each of the service areas has been treated and considered to be "completed" by the Contractor so the 45 days can begin for that service area.

b. Roadside Chemical Vegetation Control:

i. The treatment area(s) require herbicide treatment to all vegetation within the designated area(s);

including but not limited to woody vegetation, invasive plant species, noxious weeds, and/or grasses within the areas marked on the Informational Maps.

ii. For roadside / trailside designated areas, the treatment consists of all woody vegetation less than 3-inch DBH within 10 feet of the edge of the roadway and along both sides for the length of the roadway.

iii. The Contractor is responsible for planning and executing the treatment method(s) to successfully achieve the kill 90% kill rate for species in the designated treatment areas.

iv. The treatment area for Old 3a (Option Treatment Area No.2) is shown on Informational Map 4, totaling approximately 6.2 miles.

c. Parking Areas, in Front of Garages, and Walkways Chemical Vegetation Control:

i. The treatment area(s) require herbicide treatment to all vegetation within the designated area(s);

including but not limited to woody vegetation, invasive plant species, noxious weeds, and/or grasses within the areas marked on the Informational Maps.

ii. The Contractor is responsible for planning and executing the treatment method(s) to successfully achieve the kill 90% kill rate for species in the designated treatment areas.

iii. For parking areas, in front of garages, and walkways as designated, the treatment consists of all vegetation less than 3-inch DBH inside the parking area or near the garage as shown on Information Map 1.

Base Treatment Area No 1. as shown on Information Map 1 is approximately 1.15 acres.

d. Non-Native Invasive Plant Species Chemical Vegetation Control:

i. The designated treatment areas require herbicide treatment to specifically target only non-native invasive plants to the State of New Hampshire.

ii. The Contractor is responsible for planning and executing the treatment method(s) to successfully achieve the kill 90% kill rate for the non-native invasive plant species in the designated treatment areas.

iii. Treatment shall be conducted on all non-native invasive plants, shrubs, and trees less than 3-inch DBH.

iv. The treatment areas for the Franklin Falls Dam include two Base Treatment Areas and one Option Treatment Area.

Base Treatment Area No. 2 and No. 3 are shown on Informational Maps 2 and 3, totaling approximately 25.6 acres.

Option Treatment Area No. 1 is shown on Informational Map 3, totaling approximately 44.4 acres.

e. Chemical Utilization Report:

i. At a minimum, the utilization report shall include the following information:

Hours worked by location

Chemicals used by location

Amount of each chemical applied by location and acres treated.

ii. The chemical utilization report shall be submitted for all areas that received treatment to the Franklin Falls Dam Project Office, 46 Granite Drive, Franklin, New Hampshire, or emailed to the TPOC within 15 days of the performed treatment.

Part 5 Service Location(s) and Task Requirements: The service acreage areas included are approximate.

NOTE: The treatment areas include wooded areas or fields that may not all be accessible by normal full-sized vehicles or all-terrain vehicles. The Contractor shall consult with the TPOC to determine which areas may require alternative equipment to complete the service requirements.

The Contractor will be issued a key for access to roads and trails closed by a locked gate during this contract.

1. ITEM NO. 1 - Base Treatment Area No. 1 - Parking Areas, in Front of Garages, and Walkways, Franklin, NH

a. Access: The service area is best accessed from Franklin Falls Dam at 46 Granite Drive, Franklin, NH, located at 43.47145, -71.65163.

b. Site Information:

i. The service area is three parking areas, one walkway, and the front of 3 garages as seen on Informational Map 1.

ii. The service area is approximately 1.15 acres in size.

iii. Treatment of all vegetation less than 3-inch DBH within the service area.

c. Required Tasks:

i. General Chemical Vegetation Control

ii. Chemical Utilization Report

2. ITEM NO. 2 - Base Treatment Area No. 2 - Needleshop Area, Hill, NH

a. Access: The service area is best accessed through a yellow gate on back road in Hill, NH, located at 43.52326, -71.69663. After going through the gate travel Old 3a woods road to the work site located at approximately 43.52853, -71.69607 and as shown on Informational Map 2.

b. Site Information:

i. The service area is wooded area and early growth habitat area.

ii. The service area is approximately 3.1 acres and is shown on Informational Map 2.

iii. Invasive plant species identified in this area include, but are not limited to, glossy buckthorn, bittersweet, autumn olive, barberry, and knotweed.

c. Required Tasks:

i. General Chemical Vegetation Control.

ii. Non-Native Invasive Plant Species Chemical Vegetation Control.

iii. Chemical Utilization Report

3. ITEM NO. 3 - Base Treatment Area No. 3 - Coolidge Woods Road Field Area, New Hampton, NH

a. Access: The service area is best accessed through Coolidge Woods Road in New Hampton, NH, located at approximately 43.58105, -71.71755.

b. Site Information:

i. The service area is a wooded area and field.

ii. The service area is approximately 22.5 acres and is shown on Informational Map 3.

iii. Invasive plant species identified in this area include, but are not limited to, autumn olive, bittersweet, barberry, knotweed, and glossy buckthorn.

c. Required Tasks:

i. General Chemical Vegetation Control

ii. Non-Native Invasive Plant Species Chemical Vegetation Control.

iii. Chemical Utilization Report

4. ITEM NO. 4 - Option Treatment Area No. 1 - Coolidge Woods Road NE, New Hampton, NH

a. Access: The service location is best accessed from Coolidge Woods Road in New Hampton, NH, located at 43.58862, -71.72973.

b. Site Information:

i. The service area is a wooded area.

ii. The service area is approximately 44.4 acres and is shown on Informational Map 3.

iii. Invasive plant species identified in this area include, but are not limited to, glossy buckthorn, knotweed, and bittersweet.

c. Required Tasks:

i. General Chemical Vegetation Control

ii. Non-Native Invasive Plant Species Chemical Vegetation Control.

iii. Chemical Utilization Report

5. ITEM NO. 5 - Option Treatment Area No. 2 - Old 3a, Bristol, Hill, and Franklin, NH

a. Access: The service area is best accessed from the North at a yellow gate located at Profile Falls in Bristol, NH at 43.56733, -71.73161 and from the south at a yellow gate in Franklin, NH, located at 43.49501, -71.6716.

b. Site Information:

i. The service area is a woods road that consists of dirt and stone. The surface may be uneven in sections and wet.

ii. The service area is approximately 6.2 miles long and is shown on Informational Map 4.

c. Required Tasks:

i. General Chemical Vegetation Control

ii. Treatment of all woody vegetation less than 3-inch DBH within 10 feet of the edge of both sides of the Old 3a woods road.

iii. Chemical Utilization Report

*** END OF NARRATIVE ***

Requirements Chemical Vegetation Control Services, Franklin Falls Dam, Franklin, NH

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

2017-01

52.204-13 System for Award Management- Maintenance. (Deviation 2026- O0038)

2026-02

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation 2026- O0038)

2026-02

52.212-4 Terms and Conditions- Commercial Products and Commercial Services. (Deviation 2026-O0038)

2026-02

52.219-6 Notice of Total Small Business Set-Aside. (Deviation 2026- O0038)

2026-02

52.222-36 Equal Opportunity for Workers with Disabilities. (Deviation 2026- O0038)

2026-02

52.222-41 Service Contract Labor Standards. (Deviation 2026- O0038)

2026-02

52.222-50 Combating Trafficking in Persons. (Deviation 2026-O0038)

2026-02

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. (Deviation 2026-O0038)

2026-02

52.222-62 Paid Sick Leave Under Executive Order 13706. (Deviation 2026- O0038)

2026-02

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving.

2024-05

52.232-33 Payment by Electronic Funds Transfer-System for Award Management.

2018-10

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2023-03

52.233-3 Protest after Award. (Deviation 2026-O0038)

2026-02

52.233-4 Applicable Law for Breach of Contract Claim. (Deviation 2026- O0038)

2026-02

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.203-7000 Requirements Relating to 2011-09

Compensation of Former DoD Officials.

252.203-7002 Requirement to Inform Employees of Whistleblower Rights.

2022-12

252.204-7004 Antiterrorism Awareness Training for Contractors.

2023-01

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

O0013 REVISION 1)

2024-05 Deviation 2024- O0013

2024-05

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

2023-01

252.204-7020 NIST SP 800-171 DoD Assessment Requirements.

2023-11

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime.

2023-01

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.

2023-06

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

2018-12

252.232-7010 Levies on Contract Payments. 2006-12

252.247-7023 Transportation of Supplies by Sea.

2024-10

FAR Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

52.219-28 Postaward Small Business Program Rerepresentation.

(Deviation 2026-O0038)

2026-02

Postaward Small Business Program Rerepresentation (Feb 2026) (Deviation 2026-O0038)

(a) .