THC Lakes Wildlife Enhancement Svcs Solicitation W912DR22Q0039.pdf

Request for Quotation (RFQ)

Wildlife Enhancement Services, Tioga-Hammond & Cowanesque Lakes

W912DR-22-Q-0039

This is a COMBINED SYNOPSIS / SOLICITATION for commercial services prepared in accordance with the format in the Federal Acquisition Regulations (FAR) sub Part 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued. FAR clauses and provisions enclosed within this RFQ are those in effect through Federal Acquisition Circular

(FAC) and are available in full text through Internet access at http://www.acquisition.gov/far

PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE.

DISCLAIMER: The Government is not liable for information furnished by any other source.

This will normally be the only method of distributing information. Therefore, it is the responsibility of any interested parties to check the website periodically for any further postings.

Websites are occasionally inaccessible due to various reasons. The Government is not responsible for any loss of internet connectivity or for inabilities to access the documents posted on the referenced web pages. Interested parties should refresh the page periodically when accessing. The government will not issue paper copies

Section A

The U.S. Army Corps of Engineers (USACE), Baltimore District, will procure Wildlife

Enhancement Services, Tioga-Hammond & Cowanesque Lakes, as further detailed in the

Performance Work Statement.

This solicitation will result in one award based on lowest price technical accepted as best meets the needs of the Government. The proposed contract will have a base year/period, and one (1) option year/period, which if exercised could extend contract performance through 2023. There is no guarantee that any options will be exercised by the Government.

Site visit is not mandatory for award. The Government will not reimburse any cost incurred.

The proposed contract is 100% set-aside for small business concerns. All responsible, qualified small businesses may submit an offer which will be considered by the Baltimore

District Corps of Engineers. The North American Industry Classification System (NAICS) code is 561730 size standards of $8 Million, PSC code S208. Offerors shall be registered at the System for Award Management (www.sam.gov) to be eligible for award. To register you will need your DUNS/UEI number. https://www.sam.gov/portal/public/SAM.

Instructions for registering are on the website.

The Contractor shall provide all necessary equipment, staff, labor, supervision, materials, equipment, and supplies to complete the Project.

All questions shall be submitted via e-mail to keilow.k.king@usace.army.mil no Later than http://www.acquisition.gov/far http://www.sam.gov/portal/public/SAM mailto:keilow.k.king@usace.army.mil

Friday, May 6, 2022, at 11:00 AM EST.

Section B - Supplies or Services and Prices

Contractor shall be required to perform all work described in the Performance Work

Statement (PWS) at the following locations:

Tioga-Hammond & Cowanesque Lakes, 710 Ives Run Lane, Tioga, PA 16946-8643

Pricing – See the attached Bid Schedule (J-3 Bid Schedule)

Section C – Descriptions and Specifications

Performance Work Statement

For USACE Baltimore District

Tioga-Hammond & Cowanesque Lakes Project

Wildlife Enhancement Services

Article No. 1 - Introduction

1.A. The Tioga-Hammond & Cowanesque Lakes Project is in Tioga County in North Central Pennsylvania, South of

Corning, NY and north of Williamsport, PA. This is a non-personal services contract to provide for a Firm-Fixed

Price order for wildlife enhancement services at the Project.

1.B. The contractor shall be responsible for and provide management, planning, supervision, labor, equipment, and maintenance thereof, materials and supplies necessary to provide habitat enhancement services at the Tioga-

Hammond & Cowanesque Lakes Project for the period specified in this contract. Locations of facilities under this order are located throughout the project. Areas are designated in Exhibit 1. The performance requirements and deliverables summaries for this contract are designated in Exhibits 2 and 3.

Article No. 2 - General

2.A. The Baltimore District, Tioga-Hammond & Cowanesque Lakes Project is home to numerous wildlife species and has a requirement to manage habitat for those species. All work will take place within the Tioga-Hammond &

Cowanesque Lakes Project boundaries.

2.B. Non-personal Services. The government shall neither supervise contractor employees nor control the method by which the contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual contractor employees. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services. If the contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the contractor’s responsibility to notify the Procuring Contracting Officer (PCO) immediately.

Article No. 3 - Period of Performance

3.A. The contract period will consist of one (1) base year and one (1) option year. The beginning and ending dates are as follows:

Base Year Date of contract award to December 31, 2022

Option Year 1 January 1, 2023 – December 31, 2023

Article No. 4 Contractor Capability Requirements

4. A. The Contractor shall provide all fuel, mowing, trimming, and transportation equipment required to perform the services of this contract. All equipment will conform to State and Federal licensing and safety regulations. The

Government will not furnish any type of transportation, pay transportation-related expenses, or pay mileage.

4.A. The location of facilities under this order are in multiple areas within the Tioga-Hammond & Cowanesque

Lakes Project. Areas are designated in Exhibits.

Article No. 5 – Safety Requirements

The Government shall provide a “Safety and Health Requirements Manual”. This manual is available from the project office or online at https://www.usace.army.mil/Missions/Safety-and-Occupational-Health/Safety-and-

Health-Requirements-Manual/.

5.A. The contractor will exercise care and safety in the operation of equipment, taking necessary precautions to avoid injuries to the Contractor and employees, government employees, and the public. The Contractor shall communicate daily with the COR during all activities to determine specifically when and where current activities are taking place.

5.B. The Contractor and employees shall comply with all rules and regulations governing public use of water resources development projects as set forth in Title 36, CFR, Chapter III, Part 327 and all laws of the

Commonwealth of Pennsylvania and the United States as they apply to the Tioga-Hammond & Cowanesque Lakes

Project and obey all posted signs. Copies of Title 36 will be available from the COR. All work conducted under this contract shall be performed in compliance with all County, State, and Federal laws and regulations.

5.C. The contractor shall provide the Corps of Engineers with a written accident prevention plan, which includes a comprehensive Activity Hazard Analysis, at least 7 (seven) days prior to the pre-work meeting. An example can be requested after award of the contract. The accident prevention plan will provide all the necessary information required by the US Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1 and OSHA. All plans must be approved by the government before work commences.

5.D. The Contractor shall, during the normal course of duties, exercise extreme care to protect all visitors and their property from injury, harm, and/or damage. The Contractor shall be liable for any and all such claims arising from negligence resulting from performance under this contract. The COR shall be notified within 24 hours of all accidents or incidents occurring in the completion of work.

5.E. Contractor shall designate in writing, an employee responsible for overall supervision of accident prevention activities to the COR one week prior to the pre-work conference. Such duties shall include assuring applicable safety requirements are incorporated in work methods and inspecting the work to ensure that safety measures and instructions are applied.

5.F. Equipment to be used at by the Contractor will be inspected by the COR at the worksite prior to the start of each contract year. Any additional or replacement equipment will be inspected by the COR before being placed into service. The Government shall be given a minimum of 24 hours’ notice when additional or replacement equipment will be utilized so that inspections may be scheduled. All machinery is to be mechanically sound, in a good state of repair, and in compliance with all safety standards. Mower guards are not to be removed from mowing equipment or made inoperable at any time. The Government reserves the right to re-inspect any equipment at any time during the contract.

5.G. The contractor will provide all required safety and protective equipment as recommended and required by EM

385-1-1. Adherence to EM-385-1-1 does not preclude in any way the need to adhere to all applicable regulations as

Occupational Safety and Health Administration, (OSHA). The Contractor will be responsible for protecting the public from any hazards associated with the implementation of the contract. Requirements shall include but not be limited to wearing of personal protective equipment and good housekeeping.

5.H. While performing work under this contract, vehicles will not be driven or parked in unsafe positions, off designated service roadways, or outside of designated parking areas, unless approved by the COR. All vehicles shall be properly licensed and maintained in a safe, clean condition. The contractor/sub-contractor shall maintain a valid state driver’s license. The Contractor and employees shall comply with all rules and regulations governing public use of water resources development projects as set forth in Title 36, CFR, Chapter III, Part 327 and all laws of the

Commonwealth of Pennsylvania and the United States as they apply to the Tioga-Hammond Lakes Project and obey all posted signs. Copies of Title 36 will be available from the COR. The contractor will not be allowed to operate any vehicle (including but not limited to mopeds, ATVs, and utility vehicles) off-road, around gates, barricades, on sidewalks, trails, or driving the wrong way on a one-way street. The contractor will observe all speed limits and other posted traffic signs in the operation of vehicles and equipment. The Contractor shall ultimately be responsible for claims arising out of careless, negligent, or unsafe operation of vehicles and any resulting damage to personal or

Government property.

5.I. The Contractor shall submit to the COR an accident exposure and experience report incident to this work, in accordance with EM 385-1-1. An exposure report shall include all Contractor employee work hours performed during the period. The work hours shall include lost time accidents and equipment accidents, including motor vehicle accidents, over $2,000.00. The report shall be submitted NLT then the 5th of each month for the preceding month.

Article No. 6 – Contract Management/Quality Assurance/On Site Representative

6.A. The Contractor shall appoint in writing 7 days prior to the pre-work meeting, an On-Site Contract

Manager/Quality Control Representative who shall make themselves available for a weekly performance meeting with the COR. A mutually agreeable time and date for the meetings shall be determined at the pre-work meeting.

The Contractor shall ensure that the On-site Contract Manager/Quality Control Supervisor has the capability to contact all crews during work hours with cellular communications or other pre-approved methods of reliable communications. The designation of the On-Site Contract Manager/Quality Control Representative and method of reliable communication will be determined at the pre-work meeting.

6.B. The Contractor is responsible for the quality of the work performed for this contract. Within seven (7) days prior to the pre-work meeting, the Contractor shall provide a Quality Control Plan to include, but is not limited to, the following:

(1) Schedule of activities for all areas.

(2) Method the Contractor will employ to complete and document successful completion of employee training for the operation of all equipment, knowledge of the contract specifications and safety.

(3) Method that will be utilized for contacting crews while performing work.

(4) Letter designating the Contract Manager/Quality Control Representative.

(5) Example inspection report.

The Contractor authorized On-site Contract Manager/Quality Control Representative responsibilities will include:

(1) Managing the day-to-day activities of the contract.

(2) Ensuring contract specifications are being met.

(3) Meeting on a weekly basis with the Contracting Officer’s Representative (COR).

(4) Being available for notification during normal business hours defined as 8:00 AM to 4:00 PM. Available for notification for the purposes of this contract means that he/she shall be able to receive verbal/telephonic communications during that time frame and act upon that communication within one (1) hour if necessary.

(5) Serving as the point of contact between the COR for day-to-day activities. The On-site Contract

Manager/Quality Control Representative may serve in a dual role as both quality assurance representative and equipment operator/laborer.

6.C. The Contractor shall provide an area service schedule one week prior to the pre-work conference. Days, times, locations, and services shall be clearly identified. This schedule shall meet the specifications of this contract, minimize inconveniences to the public, while also promoting efficiency.

6.D. VARIATION. Should services be provided outside of the schedule the Contractor shall notify the Government of any variations exceeding 24 hrs. Failure to meet this requirement is considered a deficiency and repeated cases may result in default.

6.E. All chemicals required for the execution of the contract shall be submitted to the COR one week prior to the pre-work conference for approval and as needed to the COR if any changes are to take place. Safety Data Sheets

(SDS) shall also be submitted one week prior to the pre-work conference for each applicable product used and will be made readily available to all contract employees. SDS sheets shall be maintained at each area where supplies are stored. Equipment and materials which do not appear on this list shall not be permitted on the project or in the service of this contract. The contractor shall not abandon equipment, supplies, and/or materials, etc. on government property at any time. The Government assumes no responsibility of theft or damages to abandoned equipment/materials.

6.F. The Contractor shall provide notification of any changes, additions, or any other modification of this plan for

COR approval BEFORE incorporating said revision into the performance of services under this contract.

6.G. All work shall be subject to inspection and approval by the COR or designated Quality Assurance Evaluator

(QAE). All work shall be performed in an orderly fashion consistent with the specifications as outlined in this PWS.

During the execution of the contract, the Government’s representative will conduct inspections of all mowing services to determine applicable performance requirements. Any deficiency in work shall be corrected at the

Contractor’s expense. The Contractor will not be paid for any work not accepted by the COR. The Government will utilize a Quality Assurance Surveillance Plan (QASP) to ensure the Contractor’s quality control procedures are in place and working. The Government is responsible for Quality Assurance to ensure the Contractor’s Quality Control procedures are working.

Article No. 7 – Deductions and Default

7.A. All work shall be performed in an orderly manner as directed in the contract. If services are found to be defective in workmanship or otherwise not in conformance with the specifications and requirements, the

Government will have the right to reject such service. If time permits, the work shall then be re-performed in accordance with contract specifications without additional cost to the Government.

7.B. Damage to Government facilities should be avoided. Any damage to Government facilities deemed to have been caused by Contractor negligence will be, (1) corrected in a timely fashion by the Contractor; (2) Corrected by

Government or another Contractor and deducted from the Contractor invoice; or (3) settled in an appropriate and timely fashion through the Contractor’s insurance carrier.

7.C. Default of the contract will be considered for various reasons relating to non-performance of the contractual specifications. Following is a partial listing of reasons for which default may be considered.

Repetitive (more than 3) pay deductions for non-performance per contract year

Any Safety violations

Any abuse of security privileges

Abnormally high amounts of damage to Government facilities or private property.

Non-compliance with contract specifications

Article No. 8 - Performance Requirements

8.A. Location of facilities under this order are in multiple areas adjacent to Tioga-Hammond & Cowanesque Lakes

Project. Areas are designated in Exhibits.

8.B. Work shall take place between the hours of 6:00 A.M. and 6:00 P.M. Monday through Friday (excluding holidays) unless otherwise specified by the COR.

8.C. The contractor shall be responsible for and provide management, planning, supervision, labor, equipment and maintenance thereof, materials and supplies necessary to provide wildlife habitat enhancement services at the

Tioga-Hammond & Cowanesque Lakes Project, Baltimore District, U.S. Army Corps of Engineers for the period specified in this contract. Location of facilities are provided in the attached exhibits

8.D. Services include but are not limited to, tree plantings, pollinator plot establishment, fruit tree orchard establishment, and tree tube/stake placement. The Contractor must bid all line items to be considered for award.

8.E. The Contractor will not perform wildlife enhancement services under any conditions where the task cannot be completed in accordance with the scope of this contract. The Government, based on independent judgment, may halt work based on inappropriate weather.

8.F. Any work performed outside the scope of this contract must be negotiated in advance with the Contracting

Officer (KO). Failure to acquire advance approval will result in the Contractor not being compensated for the work performed outside the scope.

8.G. The Contractor must bid all line items to be considered for award. Maps for each line item are available upon request.

8.1 - Pollinator Plots

8.1.A. The Contractor shall plant for the base year 2022 two (2) pollinator plots, totaling four (4) acres, and for option year 1, 2023 two (2) pollinator plots, totaling ten (10) acres at various locations across the Tioga-Hammond

& Cowanesque Lakes Project. These food plots will serve as pollinator habitat and shall be done in accordance with the following specifications of Tables 1 and 2.

All native and invasive shrub species shall be mechanically removed from the planting area (specialty equipment as necessary).

All stumps and debris shall be removed from the planting area.

All woody stems, including roots, shall be removed via mechanical equipment.

8.1.B. The planting area shall be thoroughly disk/scarified (to a minimum of 5 inches) to break up the sod, kill existing vegetation, and create a loosened soil seedbed to ensure seed-to-soil contact. When using the tillage strategy, a site is disc harrowed every two to four weeks for a one to two-month period. The underlying premise of this process is that the root system of perennial species will be worn out to the point of killing the species. In addition, tillage will stimulate germination of dormant weed seed which will be killed by subsequent tillage.

Planting should not occur until perennial species are completely killed. The Contractor has the option to use herbicides to assist in achieving mortality of existing vegetation. Herbicide use of glysophate product is permitted by a licensed applicator as directed by the product label. A copy/proof of licensure must be submitted 7 days prior to spraying.

Lime shall be applied at a rate of two (2) tons/acre.

Fertilizer shall be applied at a rate of 300 lbs/acre.

The pollinator area shall be seeded at a rate of ten (10) lbs/acre using the Xerces Society’s Pennsylvania Pollinator

Conservation Seed Mix ERNMX-105. This seed mix is available through Ernst Conservation Seeds.

The planting area shall be firmed using a cultipacker or drag.

Planting activities shall occur between 15 May and 15 June 2022 for Base Year 2022.

Planting activities shall occur between 15 May and 15 June 2023 for Option Year 1, 2023.

A 75% germination level must be achieved for each plot. It shall be the responsibility of the Contractor to perform additional replanting(s), at no additional charge to the Corps, to achieve 75% germination.

Base Year 2022:

Table 1. Pollinator Plots

Location Acreage Lime (tons) Fertilizer (lbs) Seed (lbs)

Tioga-Hammond

Field 6 2 4 600 20

Total 2 4 600 20

Cowanesque

Managed Field 2 2 4 600 20

Total: 2 4 600 20

Option Year 1, 2023:

Table 2. Pollinator Plots

Location Acreage Lime (tons) Fertilizer (lbs) Seed (lbs)

Tioga-Hammond

Field 1 8 16 2400 80

Total 8 16 2400 80

Cowanesque

Managed Field 11 2 4 600 20

Total: 2 4 600 20

8.2 Early Successional Mowing

8.2.A. The contractor shall provide sufficient labor, equipment (specialty equipment as necessary), and supplies to perform all work specified below and in Tables 3 for Base year 2022 and Table 4 for Option Year 1, 2023.

8.2.B. Areas where old fields or parts of old fields have been reclaimed to early successional habitat, shall be returned and/or maintained to an earlier field state dominated by herbaceous vegetation. This shall include areas where designated shrubs (including non-native/invasive species) and tree saplings (up to six (6) inches diameter at four and one half (4-1/2) feet above the ground) shall be moved/removed to ground level.

In these areas, all herbaceous vegetation shall be mowed to a height no greater than four to eight inches (4-8”) above ground level.

These areas may include topography with uneven surfaces, obstacles, and some slope.

All woody materials shall be reduced to at least a rough woody mulch consistency.

Mowing may occur from 15 June 2022 and 1 October 2022 for Base Year 2022.

Mowing may occur from 15 June 2023 and 1 October 2023 for Option Year 1, 2023.

Base Year 2022:

Table 3: Early Successional Mowing

Area Acres

Tioga-Hammond

Field 1 43

Field 6 16

Field 4 25

Total 84

Cowanesque

Managed Field 7 44

Managed Field 3 30

Total 74

Option Year 1, 2023:

Table 4: Early Successional Mowing

Area Acres

Field 1 13

Field 7 25

Total 38

Cowanesque

Managed Field 7 20

Managed Field 3 69

Total 89

8.3 Plantings

8.3.A. The Contractor shall mechanically clear required areas (up to 2-4 acres) to facilitate plantings for Base Year

2022 of eighty (80) 3-4’ contractor provided Pennsylvania Native shrubs and evergreen plantings at various locations across the Tioga-Hammond & Cowanesque Lakes Projects in accordance with the following specifications in Table 5. Plantings shall be guaranteed for 1 year after planting.

8.3.B. Each planting shall be fenced using a 15’ section of galvanized fencing that stands a minimum of 48” in height. The fencing shall be secured using three (3) 60” metal t-posts that are set 180 degrees from each other. The fencing shall be placed in a CIRCLE and be secured to T-posts using metal wire.

Work to prepare planting areas may commence March 15 (or date of award)– May 30, 2022. Plantings shall be planted from March 15 – May 30, 2022, or September 15-October 31, 2022 for Base Year 2022.

8.3.C. Plantings shall be set plumb and held in positions until sufficient soil has been firmly placed around the roots or ball. At least two (2) inches of mineral soil should cover the first lateral root. Plantings shall be planted by placing the root collar at the soil line or no more than ½ inch deep. Each Planting should be set firmly in the ground so that it totally resists movement. The soil around the roots should be packed so that there are no air pockets around or adjacent to the roots. The plantings shall be planted per the recommended spacing from the manufacturer’s plant label (typically four to ten feet apart). Plantings are to decrease habitat fragmentation of open fields and forested areas, which they shall be planted as close to each other plant per the recommended spacing on the manufacturer label. The roots of each planting must be so placed that they assume a near-natural position. The roots must not be twisted (corkscrew). Plantings shall be planted with a tool capable of opening a vertical hole deep enough to allow deep placement of the roots. Each Planting should stand erect, perpendicular to the horizontal plane not perpendicular to the slope of the ground. Spots which are considered unsatisfactory for planting are loose mounds of soil, rotten wood, clumps of dead vegetation, abnormal depressions, or spots in which free water appears in the planting hole. Plantings shall be watered upon planting as well as at two weeks and at four weeks and survival is guaranteed for one year.

A combination of a minimum of 6 different species of plantings shall be selected from the following list below.

Substitutions may be allowed do availability as approved by the COR.

• American Holly

• Gray Dogwood

• Silky Dogwood

• Red Twig Dogwood

• Arrowwood Viburnum

• Nannyberry Viburnum

• Common Juniper

• Common Hornbeam

• Serviceberry

• Northern Spicebush

• Elderberry

• Chokecherry

• Mountain Laurel

• Witch alder

• Winterberry

Base Year 2022:

Table 5. Plantings

Plantings Area Quantity

Field 6 40

Total 40

Cowanesque

Managed Field 2 40

Total 40

Article No. 9 – COR Correspondence

9.A. All work shall be subject to inspection and approval by the COR. All work shall be performed in an orderly fashion consistent with the specifications as outlined in this PWS. During the execution of the contract, the COR will conduct inspections of all wildlife habitat enhancement services to determine applicable performance requirements are being met. As contract line items are completed, the Contractor will provide a letter stating what work tasks have been completed in accordance with the contract requirements. This letter may be provided via email. Once the COR receives this letter a final inspection of will be documented and an evaluation of timeliness and efficiency will be performed at this time.

9.B. Any deficiency in work shall be corrected at the Contractor’s expense. The Contractor will not be paid for any work not accepted by the COR. The COR will utilize a Quality Assurance Surveillance Plan (QASP) to ensure the

Contractor’s quality control procedures are in place and working. The government is responsible for Quality

Assurance to ensure the Contractor’s Quality Control procedures are working.

9.C. The Contractor shall submit a series of submittals prior to the pre-work meeting and/or prior to any work being initiated under the contract. See Exhibit 3 for submittal details.

9.D. Work that cannot be corrected in a timely fashion according to the specifications will be deducted from the appropriate contract line item. Deductions for partial work will be made on the basis of work accomplished and the estimated cost to complete the remaining work by the hired contractor or government staff to include labor costs, supplies & materials, vehicle costs, and other associated costs

9.E. The Contractor and employees must hold themselves to the standard of acceptable behavior expected of the public and to all rules and regulations governing Corps property and facilities. The Contractor and employees shall not use or be under the influence of drugs or alcohol at any time while performing the obligations under this contract or give the public the appearance of same. The Contractor or employees shall not carry or possess firearms or weapons or maintain them in their vehicles or work areas while in a duty status.

9.F. The Government reserves the right to have Contractor employees removed from the job site for repetitive occurrences of inappropriate behavior to include, but not limited to failure to wear the proper uniform or maintain personal hygiene, use of vulgar language, or engaging in inappropriate actions towards other employees, Federal employees, or members of the public.

9.G. All Contract employees shall wear COR approved, recognizable uniforms and identification insignia, with the

Contractor name visibly displayed. Uniforms and/or other insignia will be subject to the approval of the COR at the

Pre-Work meeting. Employees must maintain acceptable levels of cleanliness and personal hygiene. All vehicles, when in use in the performance of the services under this contract, shall be marked on two (2) sides with the

Contractor name and be readily identifiable. Approved magnetic signs are acceptable. An example shall be provided

7 days prior to the Pre-Work meeting.

Section F – Deliveries of Performance

The Period of Performance will be one year from the Date of Award, with one (1) option year

Section G – Contract Administrative Data

Billing Instructions:

G.1 Invoices: Contractor shall submit itemized invoices after each habitat enhancement task is completed. The invoice shall accurately reflect work completed within the time frame as recorded on the invoice. They shall include the contract number, starting date, completion date, and tasks completed to include acreage enhanced. Each invoice shall contain the following information:

Contractor name and address (exactly as it appears on the contract)

Contract number and call number

Date of invoice submission

Invoice number

Wildlife enhancement task completed

Invoice total

Corrections: Incorrect invoices will be returned to the Contractor for correction before processing. Corrected invoice shall be re-dated to reflect the new submission date. Invoices will be processed electronically for payment.

The Contractor shall submit at time of invoice, to the COR an accident exposure report incident to this work, in accordance with EM 385-1-1. The report shall include lost time accidents and equipment accidents, including motor vehicle accidents, over $2,000.00.

Remittance: Invoices shall be submitted via post-mail and/or electronic mail to the following addresses for payment. Should changes occur to the mailing addresses the Contractor shall be notified.

VIA Post Mail: ATTN: Nicholas Hansrote

U.S. Army Corps of Engineers

710 Ives Run Lane

Tioga PA 16946

If submitting invoices electronically, please send the invoice to ALL emails listed below:

Molly.a.wilson@usace.army.mil

Stephen.p.sporer@usace.army.mil

James.s.nixdorf@usace.army.mil

Nicholas.r.hansrote@usace.army.mil mailto:Molly.a.wilson@usace.army.mil mailto:Stephen.p.sporer@usace.army.mil mailto:James.s.nixdorf@usace.army.mil mailto:Nicholas.r.hansrote@usace.army.mil

Contractual payment will be made within the timeframe allowed by federal law (currently 30 days after receipt of a properly completed invoice). Postage, envelope, and reproduction costs are to be borne by the Contractor. NOTE: Contractors may perform approximately 60 days before receiving first contractual payment.

POC: The POC shall inspect all services performed by the Contractor under this PWS throughout the execution of services and provide feedback and acknowledgment of acceptance by the customer of the deliverables.

Requesting Unit Technical POC:

Molly A. Wilson (570) 835-0112

Email address: Molly.A.Wilson@usace.army.mil

G.2 Insurance

In accordance with clause 52.228-5 Insurance – Work on a Government Installation, the

Contractor shall procure and maintain during the entire period of his performance under this contract the following minimum insurance:

Coverage complying with state laws governing insurance requirements pertaining to

Workmen’s Compensation and Employers” Liability Insurance.

Bodily injury liability insurance with minimum limits of $500,000 per occurrence shall be required on the comprehensive form of policy.

Automobile bodily injury and property damage liability with minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury liability; and $20,000 per occurrence for property damage liability shall be required.

The coverage is required under Longshoremen and Harbor Workers Compensation Act.

G.3 Proof of coverage shall be provided prior to work beginning.

Contracting Officer Statement

Only a warranted Contracting Officer (either a Contracting Officer or an Administrative

Contracting Officer (ACO)), acting within their appointed limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract, you shall not proceed with the change and shall immediately notify the Contracting

Officer. Proceeding with any work not authorized by the Contracting Officer will be at the

Contractor’s own risk.

Section H – Special Contract Requirements

ANTITERRORISM/OPERATIONS SECURITIES-OPSEC

H.1. Site Security. All personnel working on this project will be required to follow all security and access rules and regulations (i.e., physical access and/or network access requirements) as set forth by the US Government to gain access to the USACE offices and/or systems to perform work assignments and/or for the delivery of equipment.

The Government representative/COR shall provide a form that the Contractor must complete in order for employees to receive keys to access Project facilities. These keys are to be used exclusively for executing necessary functions to complete the duties prescribed in this contract. Any use of these keys for other than the performance of this contract is strictly prohibited. Making duplicate keys is prohibited. Such improprieties shall include recommending the termination of the employee(s) and possible default of the contractor. Any loss of keys will be reported to the

Contracting Officer Representative (COR) within 24 hours. If keys are lost or cannot be returned at the end of the contract period shall deduct from the final invoice the amount required to reestablish the integrity of the Tioga-

Hammond & Cowanesque Lakes lock and key system (minimum $300).

H.2. Access and General Protection/Security Policy and Procedures: All contractor and all associated sub-contractors’ employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). Only individuals employed by the contractor are permitted access to installations or facilities. The contractor shall also provide all information required for background checks or background investigation and meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security

Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

H.3. Will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas: All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

H.4. Pre-screen candidates using E-Verify Program: The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements.

The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible

Candidates must be provided to the COR no later than 7 (seven) days before the pre-work meeting.

H.5. Suspicious Activity Reporting Training: The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed 7 days prior to the pre-work meeting and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

H.6. Keys and Security Codes: If necessary, keys or security codes to access gated or secured project facilities will be provided within one week of the pre-work conference by the Government for the execution of this contract. Keys will be signed for by the user and are to be used exclusively for completing the duties prescribed in this contract.

Any use of Government keys other than the performance of this contract is strictly prohibited. Making duplicate keys is prohibited. Such improprieties shall include recommending the termination of the employee(s) and possible default of the Contractor. Any loss of keys will be reported to the Contracting Officer Representative (COR) within

24 hours. If keys are lost or cannot be returned at the end of the contract period, the Government shall deduct a minimum of $300 per key from the Contractor’s final invoice.

H.7. Identification of Contractor and Employees: All Contract employees shall wear COR approved, recognizable uniforms and identification insignia, with the Contractor name visibly displayed. Because employees come in frequent contact with the public, employees must maintain acceptable levels of cleanliness and personal hygiene. All vehicles when in use by the Contractor and all employees, in the performance of services under this contract, shall be marked on two (2) sides with the contractor company name and be readily identifiable. Approved magnetic signs are acceptable. Examples or representations shall be provided to the COR for approval one week before the pre-work meeting.

All Contractor employees working on this contract shall be citizens of the United States of America, be an alien who has been lawfully admitted for permanent residence as evidenced by an Alien Registration Receipt Card, Form 1-

151, or present other evidence from the INS that employment will not affect his/her immigration status. All persons hired by the Contractor during the contract shall be at least 18 years of age and shall possess a valid state driver’s license. The Contractor shall ensure that the COR is able to communicate in the English language. The Contractor and employees shall not use or be under the influence of drugs or alcohol at any time while performing the obligations of this contract. During an on-duty status, the Contractor and Contractor Representatives must hold themselves to the standard of acceptable behavior expected of the public and to all rules and regulations governing

Corps property and facilities. Unacceptable behavior deemed so by the COR, that brings discredit to the

Government, or the Contractor may be grounds for barring the employee(s) from access to Federal property or termination of the contract.

Section I – Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.204-13 System for Award Management Maintenance OCT 2018

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2021

252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support MAY 2016

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications

Equipment or Services JAN 2021

252.204-7022 Expediting Contract Closeout MAY 2021

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017

252.225-7048 Export-Controlled Items JUN 2013

252.226-7002 Representation for Demonstration Project for Contractors Employing Persons with

Disabilities DEC 2019

252.232-7010 Levies on Contract Payments DEC 2006

252.244-7000 Subcontracts for Commercial Items JAN 2021

252.246-7003 Notification of Potential Safety Issues JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(JAN 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or

Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L.

115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19

U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with

Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.

3509).

X (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the

American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN

2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(OCT 2018) (41 U.S.C. 2313).

____ (10) [Reserved]

____ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15

U.S.C. 657a).

____ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer)

(15 U.S.C. 657a).

____ (13) [Reserved]

X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-6.

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-7.

X (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and

(3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (NOV 2016) of 52.219-9.

____ (iii) Alternate II (NOV 2016) of 52.219-9.

____ (iv) Alternate III (JUN 2020) of 52.219-9.

____ (v) Alternate IV (SEP 2021) of 52.219-9.

X (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

____ (ii) Alternate I (MAR 2020) of 52.219-13.

____ (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.

637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(SEP 2021) (15 U.S.C. 657f).

X (22) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2021) (15

U.S.C. 632(a)(2)).

____ (ii) Alternate I (MAR 2020) of 52.219-28.

____ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).

____ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) (15

U.S.C. 637(m)).

____ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15

U.S.C. 644(r)).

____ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

X (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

X (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2022) (E.O.

13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

____ (ii) Alternate I (FEB 1999) of 52.222-26.

X (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

____ (ii) Alternate I (JUL 2014) of 52.222-35.

X (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.

793).

____ (ii) Alternate I (JUL 2014) of 52.222-36.

____ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

____ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

X (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and

E.O. 13627).

____ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (36) 52.222-54, Employment Eligibility Verification (NOV 2021). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–

Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and

Air Conditioners (JUN 2016) (E.O. 13693).

____ (40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014)

(E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s

13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-14.

X (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C.

8259b).

____ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT

2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-16.

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN

2020) (E.O. 13513).

____ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

____ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

X (48) 52.225-1, Buy American--Supplies (NOV 2021) (41 U.S.C. chapter 83).

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2021)

(41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19

U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-

283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (JAN 2021) of 52.225-3.

____ (iii) Alternate II (JAN 2021) of 52.225-3.

____ (iv) Alternate III (JAN 2021) of 52.225-3.

____ (50) 52.225-5, Trade Agreements (OCT 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

____ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (OCT 2016) (Section 862,…