Combined Synopsis and Solicitation W911WN24Q5890 Point Marion Methane Assessment.pdf

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This solicitation W911WN24Q5890 is issued as a Request For Quote (RFQ) for a Total Small Business Set-Aside under NAICS 562910. The SBA size standard for this NAICS is $25 million. This combined synopsis/solicitation and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 20245-05.

The United States Army Corps of Engineers has a requirement for Methane Intrusion Assessment and Mitigation Plan for Point Marion Lock and Dam in Dilliner, PA.

Service Overview:

The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Methane Intrusion Assessment and Mitigation Plan for Point Marion Lock and Dam as defined in these Specifications except for those items specified as government furnished property and services.

Place of Performance:

Point Marion Lock and Dam, 304 Power Plant Road, Dilliner, PA.

Objectives:

The purpose of this contract is to have the Contractor perform the following tasks:

• Perform continuous methane monitoring in accordance with Attachment 1 - Performance Work Statement Point Marion Methane Assessment and Mitigation (section 2.1.1)

• Propose a methane mitigation plan and continual monitory strategy in accordance with Attachment 1 - Performance Work Statement Point Marion Methane Assessment and Mitigation (section 2.1.2)

Period of Performance:

The Government requires all monitoring, characterizations, and testing to be completed within 60 days after the written notice of contract award (anticipated award date of 23 July 2024).

Quote submittals are due No Later Than 3:00pm Eastern Time on Tuesday July 16, 2024.

Any late quotes will not be evaluated. Quotes will be sent directly to the Points of Contact as indicated in this posting.

The entire solicitation need not be returned; only those pages which you completed information need to be submitted:

Attachment 4 – Price Schedule

Provisions to fill-in and return with quote:

FAR 52.204-24

DFARS 252.204-7016

DFARS 252.204-7017

Questions: Questions may be submitted to the Contract Specialist, Andrew Hill at andrew.s.hill@usace.army.mil Questions should be submitted NO LATER THAN 3:00 PM Eastern Time on Tuesday July 9, 2024.

All answers will be addressed via Solicitation Amendment using SF Form 30.

All amendment(s) [SF Form 30] issued must be acknowledged and submitted with your quote.

Anticipated Award Date: July 23, 2024

Prior to award, the selected vendor must be registered in PIEE. (Appendix I - Procurement Integrated Enterprise Environment (PIEE) Vendor Registration)

Attachments and Appendices:

Attachment 1 - Performance Work Statement Point Marion Methane Assessment and Mitigation

Attachment 2 - Drawings of Point Marion Methane Intrusion Assessment and Mitigation

Attachment 3 - SCA WD # 2015-4247 Rev. 24 DTD 13MAY2024

Attachment 4 - Price Schedule

Appendix I - Procurement Integrated Enterprise Environment (PIEE) Vendor Registration

Appendix II - Electronic Invoicing Instructions for the USACE Finance Center

Appendix III - LRP Security Information Sheet

Clauses & Provisions: see Attachment 4 for the complete list of clauses and provisions incorporated into this acquisition, including the Basis For Award in accordance with FAR 13.106-2.

CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

NOV 2023

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7002 Payment For Contract Line or Subline Items Not Separately

Priced

APR 2020

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7012 (Dev) Safeguarding Covered Defense Information and Cyber

Incident Reporting (DEVIATION 2024-O0013 REVISION 1)

MAY 2024

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

JAN 2023

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

JAN 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7021 Contractor Compliance with the Cybersecurity Maturity

Model Certification Level Requirement

JAN 2023

252.225-7001 Buy American and Balance of Payments Program FEB 2024 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7056 Prohibition Regarding Business Operations with the Maduro

Regime

JAN 2023

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

JUN 2023

252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015)

MAY 2020

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2020- O0015)

MAY 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

252.244-7000 Subcontracts for Commercial Products or Commercial Services

NOV 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

The full text of FAR clauses and provisions can be found at https://www.acquisition.gov/

The full text of DFARS clauses and provisions can be found at https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

(End of clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

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

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 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:

___ (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. 4655).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

___ (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.)

___ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see FAR 3.900(a).

XX (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

___ (6) [Reserved]

___ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub.

L. 111-117, section 743 of Div. C).

XX (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub.

L. 117-328).

___ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders--Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115-390, title II).

___ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L.

115-390, title II).

___ (ii) Alternate I (DEC 2023) of 52.204-30.

___ (12) 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).

___ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

____ (14) [Reserved]

____ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

____ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (17) [Reserved]

XX (18)(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.

____ (19)(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.

____ (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

____ (21)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (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 2023) of 52.219-9.

____ (22) (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.

____ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

____ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

XX (26) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C. 632(a)(2)).

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

____ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

____ (28) 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 (OCT 2022) (15 U.S.C. 637(m)).

____ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

XX (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

____ (32) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126).

XX (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

XX (34)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

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

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

XX (36)(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.

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

____ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

XX (39)(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).

____ (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (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.)

____ (41)(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.)

____ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).

____ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).

____ (44) 52.223-20, Aerosols (MAY 2024) (42 U.S.C. 7671, et seq.).

____ (45) 52.223-21, Foams (MAY 2024) (42 U.S.C. 7671, et seq.).

XX (46) 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

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

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

____ (48) (i) 52.225-1, Buy American--Supplies (OCT 2022)) (41 U.S.C. chapter 83).

____ (ii) Alternate I (OCT 2022) of 52.225-1.

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved].

____ (iii) Alternate II (DEC 2022) of 52.225-3.

____ (iv) Alternate III (FEB 2024) of 52.225-3.

____ (v) Alternate IV (OCT 2022) of 52.225-3.

____ (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (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, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

XX (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) (E.O.

13513).

____ (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

____ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C.4505, 10 U.S.C. 3805).

____ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

XX (59) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (OCT 2018) (31 U.S.C.

3332).

____ (60) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C.

55305 and 10 U.S.C. 2631).

____ (ii) Alternate I (APR 2003) of 52.247-64.

____ (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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:

XX (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

XX (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

30090 Environmental Technician GS-07 $27.27

_____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

XX (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O.

13658).

XX (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).

(iii) 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)).

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

(v) 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).

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

117-328).

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

(B) Alternate I (DEC 2023) of 52.204-30.

(viii) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(x) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

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

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xv) 52.222-41, Service Contract Labor Standards (AUG 2018), (41 U.S.C. chapter 67).

(xvi) XX (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter

67.)

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67)

(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xxii) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle

A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

POINT MARION LOCK AND DAM

METHANE INTRUSION ASSESSMENT AND MITIGATION PLAN

1. GENERAL REQUIREMENTS

1.1 GENERAL

The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Methane Intrusion Assessment and Mitigation Plan for Point Marion Lock and Dam as defined in these Specifications except for those items specified as government furnished property and services.

1.2 BACKGROUND

Columbia Gas (local natural gas provider) performed a routine periodic leak detection inspection of their main lines and secondary lines leading to Point Marion on 16 May 2018. All readings came back negative for methane gas for all Columbia Gas lines.

However, Columbia Gas did detect methane gas between 2.5% - 22% methane by volume along a portion of the Operations Building first floor foundation (southeast side) even though no gas lines were proximate to that area. Per standard procedure, the natural gas was shut off to the building and Columbia Gas drilled six bore holes approximately 8-10 feet from the foundation and ventilated these bore holes in an attempt to reduce methane gas levels at the foundation. Grab samples of both the unknown gas as well as the natural gas were collected and sent to a laboratory for analysis. When laboratory results determined that the natural gas was not the source of high methane foundational readings, Columbia gas removed their ventilation and turned the project over to the US Army Corps of Engineers.

In 2018, an environmental firm conducted an extensive survey including a month long continuous methane/hydrogen sulfide monitoring, intrusion pathway identification, potential methane source identification, and pilot mitigation testing as a means to develop a Methane Intrusion Mitigation Plan. Continuous monitoring was conducted both inside the Operations building (first and second floors) and outside at the previously drilled borehole where methane levels were recorded the highest. Methane as well as hydrogen sulfide was detected at various locations with the concentrations fluctuating over time. The highest concentrations of methane and hydrogen sulfide recorded at the previously drilled borehole were 445,000 ppm and 318.3 ppm respectively. The highest concentrations of methane and hydrogen sulfide recorded in the Operations building were 3,900 ppm and 0.40 ppm respectively. Results of continual methane and hydrogen sulfide monitoring as well as the Site Characterization Report and Methane Intrusion Mitigation Plan are provided in the attached “Survey Results”.

In 2019, a construction contract was awarded to an environmental firm for installation of an active sub-slab ventilation depressurization system. Also installed were four (4) continuous area methane hydrogen sulfide monitors located in the Leaders Office, Lockmasters Office, Lunchroom, and Electrical Room. Drawings of the current Methane Intrusion Mitigation System are provided in the attached “MIM Drawings.”

1.3 OBJECTIVES

The purpose of this contract is to have the Contractor perform the following tasks:

• Perform continuous methane monitoring.

• Propose a methane mitigation plan and continual monitory strategy.

1.4 QUALIFICATION

The contractor shall be a firm regularly engaged in the business of performing work of like or similar nature to that required by these specifications. The contractor shall be experienced in the installation, programming, calibration, maintenance and reading of combustible gas indicators and collection and reporting of data collected; interpretation of data; performing site characterization studies; designing, developing, implementing and testing methane intrusion mitigation systems; reporting and developing a Methane Intrusion Mitigation Plan and Continual Monitoring Strategy.

1.5 SAFETY

In addition to the requirements included in the provisions of this contract, all work shall comply with the most recent edition of the USACE Engineering Manual (EM) 385-1-1, Safety and Occupational Health (SOH) Requirements, and all applicable federal, state, and local laws, ordinances, criteria, rules, and regulations. Where the requirements herein, applicable laws, criteria, ordinances, regulations, and referenced documents vary, the most stringent requirements govern. If there are any standards that require interpretation, submit matters to the appropriate administrative agency for resolution before the commencement of work. Interpretations, variances, and waivers to the EM 385-1-1 can only be authorized by the Chief of Safety and Occupational Health, HQUSACE.

The latest version of the EM 385-1-1 is available online at:

https://www.publications.usace.army.mil/USACE-Publications/Engineer-Manuals/ If the Contractor fails or refuses to promptly comply with the safety requirements as specified herein, the KO may issue a stop work order for all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such work stoppage shall be made subject to any claims for extension of time or for excess costs or damages sustained by the Contractor. Also, the Contractor will not be paid for work not performed as a result of the stop order.

The Contractor shall develop and submit an Accident Prevention Plan (APP) according to EM 385-1-1, paragraph 2- 7.b. The Contractor shall complete and submit ENG Form 6293 to the KO/COR for review and acceptance. Work shall not begin until the APP has been accepted by the KO/COR.

That Contractor shall develop and submit risk assessments for each type of activity they will perform as part of the Contractor according to EM 385-1-1, paragraph 2-6,. The Contractor may use ENG Form 6206 to assist with completion of their risk assessments.

Based on the scope of work of this contract, a Leve 3 Site Safety and Health Officer (SSHO) shall be designated by the Contractor. The SSHO shall meet the qualification/training requirements according to EM 385-1-1, paragraph 2- 3.b. The SSHO must be at the site of work whenever work is performed and located so they have full mobility and reasonable access to all major work activities occurring during the shift.

1.6 SUBMITTALS

As soon as practicable after award, the Contractor shall submit, as a minimum, the following to the Contracting Officer’s Representative (COR) for approval prior to implementation. All submittals shall be in accordance with the requirements of paragraph 2.1 Scope of Service for each item.

Continuous Methane Monitoring Plan. Within seven (7) calendar days after contract award, the Contractor shall submit a Continuous Methane Monitoring Plan to include proposed equipment number and locations of monitoring devices.

Methane Intrusion Mitigation Plan and Continual Monitory Strategy. Within seven (7) calendar days of the ending of the continuous monitoring the Contractor shall submit a Methane Intrusion Mitigation Plan and Continual Monitoring Strategy. The plan shall include specific recommendations for design, installation, operation and maintenance of a methane intrusion mitigation system as well as recommendations for continual methane monitoring as a means to ensure effectiveness of the mitigation system.

At the completion of required sampling, the Contractor shall provide weekly reports of all data collected.

1.7 COORDINATION MEETING AND POINTS OF CONTACT

Prior to commencement of any work being performed on site, the contractor shall participate in a meeting with the Point Marion Lockmaster and District Industrial Hygienist.

Derek Callihan, Technical Point of Contact, District Industrial Hygienist, Telephone (412) 592-5247.

Mr. Mike Clark, Lockmaster, Point Marion Lock and Dam, Telephone 724-725-5289

1.8 PERIOD OF PERFORMANCE

The Government requires all monitoring, characterizations, and testing to be completed within 60 calendar days after written notice of contract award.

1.9 PROTECTION OF GOVERNMENT PROPERTY

The contractor shall protect all government property during the performance of this contract. All damage to existing government property as a result of the Contractor’s work shall be repaired or replaced to the satisfaction of the COR.

Work areas shall be cleaned by the contractor after the work is complete.

1.10 PROTECTION OF PERSONNEL

The Contractor shall ensure that adequate measures are in place to protect workers, facility operation personnel and the public from injury due to the operations being performed. All protective measures shall be in accordance with

EM 385-1-1.

1.11 SECURITY REQUIREMENTS

1.11.a. General Security Requirements and Guidance

General Security Requirements and Guidance: The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures --this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

The contractor must submit the full name, Social Security Number, and Date of Birth for all associated contractor or subcontractor employees to the USACE Security Office, Ivan Russell , 412-395-7591, ivan.r.russell@usace.army.mil, and Joe Bali, 412-395-7162, joseph.m.bali@usace.army.mil. LRP Security Information Sheet, (Appendix III – LRP Security Information Sheet) is to be completed and returned to Mr. Russell.

The contract number and title of the project including the location is to be identified on the Sheet. To protect employee PII, the submission of the completed form through a secure fax is preferred; however, a secured email is acceptable. If e-mailing required information, e-mail must be encrypted to protect Personally Identifiable Information (PII). The District retains the right to deny any contractor and subcontractor employee from working on one of its contracts based on final background investigation results.

1.11.b. Physical Security and Access Control Requirements

Physical Security and Access Control Requirements: All contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of that location. Contract personnel requiring unescorted access to meet contract performance requirements on a DoD installation in the US shall be vetted by the installation/facility Provost Marshal/Directorate of Emergency Services/Security Office using the National Crime Information Center-Interstate Identification Index (commonly referred to as “NCIC-III”) and Terrorist Screening Database (commonly referred to as “TSDB”). Contract personnel shall comply with all personal identity verification requirements specified in installation/facility policies and procedures. Contract personnel who do not meet requirements for unescorted access to USACE facilities shall coordinate escorted access with the Government representative, as needed. Contract personnel who receive keys, access cards, or lock combinations that provide access to government-owned property shall comply with key and lock control procedures of the RA.

1.11.c. Pre-Screen Candidates Using E-Verify Program

Pre-screen candidates using E-Verify Program: Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements.

Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/ eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit to the Contracting Officer to become part of the Official Contract File.

1.11.d. Identification Of Employees

The Contractor shall be responsible for furnishing an identification badge/card to each employee prior to the employee working on-site and for requiring each employee engaged on the work to display identification.

Identification shall consist of name tags with the name of the Contractor and the employee's name. As a minimum, a valid state driver's license or other government-issued photo identification card is required for positive identification.

2. EXECUTION

2.1. Scope Of Services

The Contractor shall provide continuous methane area monitoring in and around the Operations building at Point Marion Lock in Dam for a period of four weeks. The Contractor shall provide weekly reports and a Methane Intrusion Mitigation Plan and Continual Monitory Strategy in accordance with the requirements set forth in these Specifications.

2.1.1 Perform Continuous Methane Monitoring

a) The Contractor shall perform continuous methane monitoring for a period of four weeks as a means to determine methane intrusion variability, to identify methane intrusion pathways, and to ensure occupational health hazards and explosion hazards are identified.

b) The Contractor shall place a sufficient number of dual sensor Combustible Gas Indicators (CGIs) both inside and outside the Operations building. The number of monitors shall be enough to both record methane intrusion variability and help with identification of intrusion pathways.

Monitors shall include the following locations:

1 background monitor (outdoors) 1 monitor by the bore holes that are in the explosive range (outdoors) 1 monitor in the lock masters office (second floor)

1 monitor in the leaders office (first floor)

A minimum of 3 additional monitors at locations chosen by the Contractor based on previous sampling information and the Contractor’s sampling plan

c) The Contractor shall ensure the CGIs are equipped with data logging capabilities and are designed for continuous monitoring.

d) The Contractor shall program the instruments to measure and record data at periodic intervals of no less than once every five minutes. The CGIs shall be programmed to record percent methane per volume of air (or % LEL), methane in parts per million, and percent oxygen per volume of air.

e) The Contractor shall calibrate the CGIs in accordance with manufacturer’s requirements and ensure the accuracy of the CGI is within set standards.

f) The Contractor shall prepare weekly reports to present monitoring procedures, results, conclusions and recommendations. Each report shall include graphs presenting percent LEL, ppm, and oxygen concentration versus time for each CGI instrument. The reports shall be submitted no later than three days after the conclusion of a seven day sampling event.

g) The Contractor shall ensure an audible alarm sounds if measurements of ten percent (or greater) LEL methane or oxygen deficiency is detected.

h) The Contractor shall immediately notify the Point Marion Lock Master, and the District Industrial Hygienist (IH) if an imminent threat to health or safety is identified.

Propose a Methane Intrusion Mitigation Plan and Continual Monitory Strategy

The Contractor shall prepare a Methane Intrusion Mitigation Plan that will include recommendations for methane intrusion mitigation to ensure methane levels within and at the foundational level of the Operations building are <10% of the LEL (for methane). The Contractor may recommend additional monitoring devices as part of this mitigation plan.

ATTACHMENT AND APPENDICES

The following documents shall be incorporated in the resulting contract:

Attachment 1 - Performance Work Statement Point Marion Methane Assessment and Mitigation Attachment 2 - Drawings of Point Marion Methane Intrusion Assessment and Mitigation Attachment 3 - SCA WD # 2015-4247 Rev. 24 DTD 13MAY2024 Attachment 4 - Price Schedule

Appendix I - Procurement Integrated Enterprise Environment (PIEE) Vendor Registration Appendix II - Electronic Invoicing Instructions for the USACE FInance Center Appendix III - LRP Security Information Sheet

52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

SEP 2023

Price Schedule: The Price Schedule included as Attachment 4 shall be used for pricing the requirement.

Award will be made to the lowest-priced, responsible* quoter, whose quote conforms to the requirement of the solicitation. [*Responsible means a contractor that meets the standards in FAR 9.104-1 – available at https://www.acquisition.gov/.] The government reserves the right to reject any quote determined to be unrealistically low for successful contract completion and that would not be in the best interest of the government.

Submittal Instructions:

Quote submittals are due No Later Than 3:00pm Eastern Time on Tuesday July 16, 2024. Any late quotes will not be evaluated. Quotes will must be sent directly to the following Points of Contact:

Contract Specialist, Andrew Hill at andrew.s.hill@usace.army.mil Contracting Officer, Joshua Higginbotham at joshua.m.higginbotham@usace.army.mil

Quote packages submitted by mail or hand carried will not be evaluated. Quote packages sent through proprietary or third-party File Transfer Protocol (FTP) sites or DoD SAFE will not be retrieved.

Any portion of the quote package that is revised as part of the review process should be annotated, dated, and submitted by the deadline to the Contracting Officer, Joshua Higginbotham at joshua.m.higginbotham@usace.army.mil and the Contract Specialist, Andrew Hill at andrew.s.hill@usace.army.mil.

The entire solicitation need not be returned; only those pages which you completed information need to be submitted:

Attachment 4 – Price Schedule Provisions to fill-in and return with quote:

FAR 52.204-24

DFARS 252.204-7016

DFARS 252.204-7017

FAR 52.212-3: If your System for Award Management (SAM) registration is current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation) as of the date of your quote, only paragraph (b) needs to be filled in; otherwise complete the entire provision.

Questions: Questions may be submitted to the Contract Specialist, Andrew Hill at andrew.s.hill@usace.army.mil

Questions should be submitted NO LATER THAN 3:00 PM Eastern Time on Tuesday July 9, 2024.

All answers will be addressed via Solicitation Amendment using SF Form 30.

All amendment(s) [SF Form 30] issued must be acknowledged and submitted with your quote.

Evaluation of Quotes: Quotes will be evaluated based on technical capability and price in accordance with FAR 13.106-2.

The following provisions are hereby included by reference as an addendum to FAR 52.212-1, Instructions to Offerors – Commercial Items.

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-20 Predecessor of Offeror AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-26 Covered Telecommunications Equipment or Services--

Representation.

OCT 2020

52.222-25 Affirmative Action Compliance APR 1984 52.223-22 Public Disclosure of Greenhouse Gas Emissions and

Reduction Goals -- Representation.

DEC 2016

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

252.203-7005 Representation Relating to Compensation of Former DoD Officials

SEP 2022

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.225-7000 Buy American--Balance Of Payments Program Certificate FEB 2024 252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Representation

JUN 2023

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)

(a) Definitions. As used in this clause--

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational…