W912P422Q0009.pdf

SEE ADDENDUM

(No Collect Calls)

W912P422Q0009 16-Jun-2022

b. TELEPHONE NUMBER

716.879.4205

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 30 Jun 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912P49. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CHRISTINA M LANDIS

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

U.S. ARMY ENGINEER DISTRICT, BUFFALO

1776 NIAGARA STREET

BUFFALO NY 14207-3199

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: 716.879.4173 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,000,000

NAICS:

561730

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section SF 1449 - CONTINUATION SHEET

SPECIAL INSTRUCTIONS

This request for quotes is for a Contractor to provide tree removal services at the Mount Morris Dam and Recreation Area, 6103 Visitor Center Rd, Mt. Morris, NY 14510. Contractor will provide all labor, materials, and services required to perform these services in accordance with the attached statement of work.

One (1) firm-fixed-price contract will be awarded as a result of this solicitation. The contract will be for 2 base items with possible option items. Period of Performance is 60 days.

Basis of award is low price.

This project is 100% set-aside for Small Businesses under NAICS Code 561730.

Method of Payment under this contract will be Electronic Funds Transfer (EFT) to a commercial bank account specified by the Contractor.

A completed Quote includes:

• Form 1449 (Complete Blocks 17a, 30a-30c) with all amendments acknowledged, if applicable.

• Fully completed Bid Schedule for all base items and optional items.

• Completed Representation and Certifications (Reps and Certs) Form.

• Ensure FAR Clause 52.204-24 is filled out and returned with quote.

Pre-Bid Site Visit:

There will be one (1) scheduled pre-bid site visit for prospective bidders on June 23, 2022 at 1:00 pm. The location of the pre-bid site visit will be The William B. Hoyt II Visitor Center, 6103 Visitor Center Road, Mount Morris, New York 14510. Although the project is thoroughly described in this Statement of Work (SOW), interested offerors are highly encouraged to attend the scheduled pre-bid site visit. IMPORTANT: Current driver’s license or ID card must be used as identification to enter the Cleveland Reservation. Please email Christina Landis, christina.m.landis@usace.army.mil if you are planning on attending the pre-bid site visit.

Quotes are due on June 30, 2022 @ 1300 Eastern Standard Time. Fax submittals will not be accepted. Electronic submittals will be accepted and may be emailed to christina.m.landis@usace.army.mil. For questions regarding this solicitation contact Christina Landis at the email provided in the previous sentence.

All contractors must be registered in the System for Award Management (www.SAM.gov) prior to award of a contract. All proposed contractors are highly encouraged to review FAR Clause 52.232-33 Payments by Electronic Funds Transfer – System for Award Management, which indicates “All payments by the Government under this contract shall be made by electronic funds transfer (EFT).” Those not currently registered can obtain registration by going to the website http://www.SAM.gov. The process can usually be completed from 24 to 48 hours after submission. Contractors will need to obtain a Unique Entity Identifier (formerly DUNS number) for processing their registration. If you do not already have a Unique Entity Identifier, one can be obtained from http://www.SAM.gov. Refer to www.SAM.gov for information formerly found in CCR, EPLS, ORCA and FedReg.

Please begin the registration process immediately to avoid delay of the contract award should your firm be selected.

PLEASE NOTE: SAM is completely free of charge for both registrants and users.

Page numbering in this document may not be accurate.

mailto:christina.m.landis@usace.army.mil mailto:christina.m.landis@usace.army.mil http://www.sam.gov/ http://www.sam.gov/

REPRESENTATIONS AND CERTIFICATIONS

COMPANY NAME AND ADDRESS: _________________________________________

PHONE NUMBER: _________________________________________

EMAIL ADDRESS: _________________________________________

BUSINESS SIZE (select one):

Large Business ____ Small Business ____ HUBZone ____ 8A ____ Woman-Owned ____ Service-Disabled Veteran-Owned ____

CURRENTLY REGISTERED WITH SYSTEM FOR AWARD MANAGEMENT (SAM): YES ____ NO ____

(Note: See FAR 52.204-7)

TAX IDENTIFICATION NUMBER (TIN): __________________________

UNIQUE ENTITY IDENTIFIER (previously DUNS Number): ____________________________ (Note: See FAR 52.204-7. Unique Entity Identifier is a 9 digit numeric code.)

CAGE CODE: ________

(Note: See FAR 52.204-7)

Bid Schedule

Project: FY22 MMD Tree Removal

Offerors Name: _________________________________________________

Item Description Quantity Unit Unit Price ($) Price ($)

0001 Base, Removal of 50 Trees 1 Job ___________ ___________

0002 Base, Remove 2 Acres of Brush 1 Job ___________ ___________

0003 Option, Removal of 10 Trees (Area 1) 1 Job ___________ ___________

0004 Option, Removal of 10 Trees (Area 3) 1 Job ___________ ___________

TOTAL BASE BID AMOUNT (Items 0001-0002): ___________________

TOTAL OPTIONAL BID AMOUNT (Items 0003-0004): ______________________

TOTAL BID AMOUNT (Items 0001-0004): ______________________

Notes:

o All work shall be accomplished in accordance with the Statement of Work.

o Period of Performance for all bids, Base and Options, is 60 days from award.

Statement of Work

1.0 General Description of Work

The contractor must perform the following work under this contract:

Cut down and remove marked trees and all debris associated with the tree. The majority of the trees are Ash, although a mix of species are represented. Tree sizes are generally 5-15-inches diameter at breast height (DBH) and are located along the wooded perimeter area of the Mount Morris Dam (MMD) Visitor Center roadway, parking lot and picnic area. Smaller tree debris may be relocated to adjacent wooded areas.

All trees have been marked for cutting. Verification of marked trees prior to cutting with a government representative is required.

Final cuts on tree stumps must be as close (flush) to the surrounding ground as safely possible. Stumps will not be ground.

All fallen tree material must be removed from the site by the contractor or relocated back into the tree line far enough to remove any hazard for mowing the perimeter grass and to prevent the public from contacting the tree material while walking along the perimeter.

Any crown tops, branches and stump ends must be pulled/placed into the wooded area a minimum of 10 feet beyond the brush line.

Cut and remove or chip/mulch identified all olive and honeysuckle bushes (approximately two acres). Brush cutting limits will be identified by a government representative prior to starting work.

Safety barricades must be emplaced to prevent the public from entering the work area. Barricades must be a minimum of 30 feet outside the danger zone. Traffic control must be provided. This requirement also applies in areas where brush cutting will occur as there is a public walking path through the work zone.

All local and industry safety and operational standards must be adhered to while working.

All work must be accomplished meeting the Safety requirements in Attachment #3 – Government Safety Requirements and EM 385-1-1, 30 Nov 2014, U.S. Army Safety and Health Requirements Manual.

2.0 Base Bid Item(s)

2.1 Base Bid Item 1 – Removal of 50 Trees

The 50 trees selected for Base Item 1 are marked in the field with a yellow X. A Government representative will confirm the trees to be cut

Trees are in Area 1 marked on Attachment #6 – Work Area Highlighted, Approximated. Trees range in size from 5-inches to 15-inches DBH.

All items listed in the General Description of Work apply to this Item.

2.2 Base Bid Item 2 – Cut Two Acres of Invasive Brush

Cut overgrowth of invasive brush to a minimum height of 1-inch. Invasive species overgrowth in field area includes Autumn Olive, Honeysuckle, and other small brush.

Acres of brush are highlighted in Area 2 marked on Attachment #6 – Work Area Highlighted, Approximated. A Government representative will outline the area for overgrowth removal in the field.

The area to be brush cut is approximately 2 acres and is accessible via a dirt road. Any rutting of the road must be rehabilitated as part of project completion.

A publicly accessible trail is located in the work zone. This trail must be barricaded/signed on both ends of the work zone to dissuade pedestrians from entering while work is underway.

All items listed in the General Description of Work apply to this Item.

3.0 Optional Bid Item(s)

3.1 Optional Bid Item 3 – Removal of 10 Trees

The 10 trees for this Optional Item 3 are in Area 1 marked on Attachment #6 – Work Area Highlighted, Approximated. This subset of trees is relatively small with less than 6-inches DBH.

All items listed in the General Description of Work apply to this Item.

3.2 Optional Bid Item 4 – Removal of 10 Trees

The 10 trees for this Optional Item 4 are in Area 3 marked on Attachment #6 – Work Area Highlighted, Approximated. This subset of trees is relatively small with less than 6-inches DBH.

All items listed in the General Description of Work apply to this Item.

4.0 Project Information

4.1 Period of Performance

The project completion date is set at sixty (60) calendar days following the date awarded contract is signed by Contracting Officer. In the event the contractor is unable to meet the project completion date, requests for extensions must be made in writing. The request must explain, in detail, why the original project completion date will not be met. The request must be sent to the DCO along with an informational copy to the Project Manager (PM). The request must be made as soon as possible, but not later than ten (10) calendar days prior to the original completion date. This request must not negate penalties for liquidated damages unless an extension is granted by the DCO in writing.

4.2 Pre-Construction Submittals

All pre-construction submittals, as stated in Section 8.1 of this SOW, must be provided to the Government within fourteen (14) calendar days following the award of the contract. The contractor must allow up to twenty-one (21) calendar days from time of receipt for Government review of submittals. Work may not begin until Government approval of all submittals.

As part of the pre-construction submittals, the contractor must supply a timeline or schedule for accomplishing the work showing the following minimum milestones and completion dates: submittal completion date, start date, 100% completion date.

4.3 Pre-Construction Meeting

Following the award of the contract and approval of the contractor’s pre-construction submittals, the prime contractor must attend a mandatory pre-work conference. The meeting will be scheduled by the Government, and conducted on-site, at the Mount Morris Dam, at a time and date to be announced following the award of the contract.

4.4 Work Schedule

All scheduled work is to be performed Monday through Friday 0800-1630 hours, excluding Federal holidays. If the contractor desires to work beyond the previously stated hours and days, written permission to do so must be obtained from the Government. Schedule changes must be requested at minimum 24 hours in advance unless there is an emergency.

4.5 Start of Work

Contractor must notify the PM of their planned arrival at the project to start work at least seven (7) calendar days in advance. Contractor must submit a weekly work schedule thereafter by no later than the Friday before the coming work week.

4.6 Arrival/Departure

Contractor is required to notify the Government QA person Park Manager of their arrival to and departure from the project site. A similar notification is required if there must be any deviation or cancellation of a scheduled workday during the life of the project.

4.7 Material/Equipment Information

Contractor must provide all labor, tools, ladders, scaffolding, equipment, supplies, and materials needed to complete the work described, unless otherwise noted that any of these items will be provided by the Government.

4.8 Dimension/Quantity Verification

Contractor must independently measure and verify all tree dimensions and quantities as needed.

4.9 Material Storage

If temporary storage of equipment is requested, the contractor must make a written request to the Government’s Quality Assurance person and receive written approval from the Government. If material is found to be hazardous, flammable, combustible, etc., the contractor will be required to provide the appropriate hazardous material storage locker. Storage locations will be discussed at the pre-bid site visit and during the pre-construction meeting.

4.10 Site Cleanup

All waste, and cut material related to this project must be removed from the site. Small cut materials can be left in the wooded areas next to the cutting locations (as described in Section 1).

5.0 Quality Assurance (QA)

5.1 Government Project Manager (PM)

The Government has appointed a Project Manager (PM) for this project. The PM must ensure all questions of a technical nature concerning the contractual work are answered.

5.2 Government Quality Assurance (QA)

The Government will appoint a Quality Assurance (QA) person to ensure the contractor(s) is verifying all work is performed in accordance with the contract documents. The QA person for this contract will be identified after the contract is awarded. The QA person serves as the liaison between the contractor, PM, and the District Contracting Office (DCO). The QA person does not have the authority to modify contractual agreements.

5.3 Government Inspections

Contractor must allow inspection by the Government PM, QA person, DCO personnel, and District Safety and Health personnel, at any time during the life cycle of the project. The contractor must provide safe access for Government personnel visiting the project.

5.4 Contractor Quality Control (CQC)

Contractor Quality Control (CQC) is the means by which the contractor ensures that the tree removal, to include that of subcontractors and suppliers, complies with the requirements of this contract.

5.5 Quality Control Program (QCP)

The contractor must implement a written Quality Control Program (QCP) for performing contractual work and must designate an on-site QCP supervisor. The contractor must provide copies of the QCP for review by the Government QA and PM. The QCP is one of the pre-construction submittals. The QCP must, at minimum, include the following to cover all operations, both on-site and off-site, including work by subcontractors, fabricators, supplies, and purchasing agents:

• The name, qualifications (in resume format), duties, responsibilities, and authorities of the person assigned the QCP supervisor.

• Procedures for scheduling, reviewing, certifying, and managing submittals, including those of subcontractors, off-site fabricators, supplies, and purchasing agents.

Acceptance of the contractor’s QCP is required prior to the start of construction. The QCP will be discussed at the pre-construction meeting. PM must be available at all times to discuss the planned QC operations. It may be advantageous for the contractor to make incremental submittals of the plan. The Government reserves the right to require the contractor to make changes to the QCP plan and operations including removal of personnel, as necessary, to obtain the quality specified.

5.6 Communication

During the execution of the contract, the PM must receive daily status reports from the contractor on issues such as milestones met and/or missed, and issues standing in the way of project completion. The DCO must be the communication hub for the Government QA Person, PM, and the contractor regarding clarification of contractual issues. By adhering to the established lines of communication, it will reduce or avoid generation of duplicate requests for information, which may inadvertently result in the Government or the contractor to the acceptance of contractual changes without official approval by the DCO.

5.7 Repair/Restoration of Government Property

Contractor, at no expense to the Government, is required to protect all Government facilities, grounds, equipment, sidewalks, and pavement during construction. All Government structures, grounds, and equipment disturbed by contractor during the performance of work must be returned to a pre-work condition prior to request of final payment. Damages to Government property that were caused by contractor and/or sub-contractor will be repaired at no expense to the Government by the prime contractor.

5.8 Work Stoppage, Contract Cancellation Actions

The Mount Morris Dam Park Manager, PM, or Government QA person may issue temporary “Stop Work” notification if they find activities or job site conditions are in violation of Federal, Department of Defense, State or local health, safety and/or environmental standards, laws and regulations. The District Safety Officer (DSO), the DCO, and the PM must be contacted immediately after a Stop Work notification order is issued or rescinded.

Violation of health, safety or environmental regulations committed by the contractor must not be grounds for compensation by the Government to the contractor. Refer to contractual documents provided by the DCO regarding additional work stoppage and/or contract cancellation actions.

5.9 Liquidated Damages

Liquidated damages of $150 per workday will be assessed if the work is not completed within the time period described in Section 4.2 of this Statement of Work. Liquidated damages must be assessed beginning the day following the end of the initial period.

5.10 Completion

The contract will not be deemed fulfilled until all submittals, products, services, equipment, material, installation, construction work, and final inspection is provided by the contractor under the terms of the contractual documents and found satisfactory to the DCO.

5.11 Payment

The project will be paid for on a lump sum basis, the price for which includes all labor, materials, equipment, mobilization/demobilization, disposal, and other costs required to complete the work. Partial payment(s) may be made; this will be discussed at the pre-construction meeting.

6.0 Safety

Refer to Attachments #3, #4 and #5 for Government safety requirements.

7.0 Security

7.1 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). The contractor shall also provide all information required for background checks to 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 (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) 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.

7.2 Contractors who do not require CAC, but require access to a Department of Defense (DoD) facility or installation Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

7.3 Pre-screening of contractor candidates via 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 all contractors working on this contract have two valid forms of Government issued identification prior to entering the information in E-Verify.

The vendor must ensure the correct information is entered into the E‐verify system. An E-Verify verification sheet for each verified/eligible contractor candidate, working on this contract, must be provided to the COR no later than 3 business days after the initial contract award. (The purpose of using E-Verify is to ensure all contractors are U.S.

citizens or documented foreign citizens with authority to work in the United States of America). The COR will forward the verification sheets to the USACE, Buffalo District Security Office for validation.

8.0 Submittals

8.1 Pre-Construction Submittals

The following submittals are required within 14 calendar days of awarded contract, per Section 4.2 of this SOW:

• Contractor timeline showing start and completion of contractual work

• Contractor employees Personally Identifiable Information (PII)

• Abbreviated Accident Prevention Plan (APP) and Hazard Analysis (AHA’s): Safety and health submittals as described in Attachments #4 and #5 of this SOW will be submitted to the DCO. Safety and health submittals will be reviewed and accepted in writing by the DSO prior to commencement of work.

• ENG FORM 4025

• Quality Control Plan

END OF STATEMENT OF WORK

Attachment 1 – Work Area Highlighted Attachment 2 – Directions to Mount Morris Dam Attachment 3 – Government Safety Requirements Attachment 4 – Accident Prevention Plan, Blank Attachment 5 – Activity Hazard Analysis, Blank

Attachment #1 – Work Area Highlighted, Approximated

Attachment #2 – Directions to Mount Morris Dam

6103 Visitor Center Road Mount Morris, NY 14510

The William B. Hoyt II Visitor Center access road (Visitor Center Rd) is located approx. 1.7 miles South of Mount Morris and 11 Miles North of Nunda on SR 408.

From the north:

(Interstate 90) take 390S to exit 7 - Mount Morris/Letchworth, 5 miles south on Route 408. Turn onto Visitor Center Rd; continue for about 1.25 miles.

From the south:

(Route 17, I-86) take 390N to exit 6 - Sonyea, 7 miles north on Route 36, then two miles south on Route 408. Turn onto Visitor Center Rd; continue for about 1.25 miles.

Distance in Miles Rochester, NY………...35 Binghamton, NY…………..138 Buffalo, NY………...…75 Williamsport, PA………….144 Elmira, NY……………81 Cleveland, OH…………….200 Syracuse, NY…………111 Pittsburg, PA……………...300

Attachment #3 – Government Safety Requirements

The contractor must follow all applicable safety requirements detailed in the Unified Facilities Guide Specifications (UFGS) 01-35-26, Safety & Health Requirements Manual EM 385-1-1, OSHA 29 CFR 1910 Occupational Safety and Health Standards, OSHA 29 CFR 1926 Safety and Health Regulations for Construction, National Electric Code and any other applicable NY State or Federal regulations. Required submittals are listed below.

Submittals required prior to performance of each bid item:

• Abbreviated Accident Prevention Plan (APP)

• Abbreviated APP Checklist

• Activity Hazard Analysis (for each definable feature of work)

• Competent Person/Site Safety Officer (SSHO) Qualifications per EM 385-1-1 01.A.17. Resume and applicable certificates. To include resume documenting a minimum of five (5) years of safety management experience on similar projects.

• First Aid / CPR Certificates (at least 2 employees on-site at all times)

Submit reports as required

• Eng Form 3394 Accident Investigation Report as incidents occur

• Monthly Man-Hour Reports by the 5th day of each month

Overarching UFGS and EM 385-1-1 requirements, all contractor accidents involving injuries, illnesses or property damage, occurring during the execution of this contract must be reported to USACE immediately within the contractor becoming aware of its occurrence. Reporting injuries, illness or property damage to the Contracting Officer Representative (COR) may be sufficient. Based upon the severity of the injury, illness or property damage, more detailed reporting may be required. More detailed notification will include contractor name; contract title; type of contract; name of activity, installation or location where accident occurred; date and time of accident; names of personnel injured; extent of property damage, if any; extent of injury, if known, and brief description of accident (to include type of construction equipment used, PPE used, etc.

Work must not begin until the AHA has been submitted to, and accepted by the USACE Buffalo District Contracting Officer or COR. The AHA must be prepared following the format found in USACE publication USACE Safety and Health Requirements Manual EM 385-1-1. The following documents must be considered in the preparation of the APP:

USACE EM 385-1-1 (30 Nov 2014) Safety and Health Requirements Manual.

UFGS 01 35 26 (November 2015) Governmental Safety Requirements.

USDOL OSHA 29 CFR 1926 Safety and Health Regulations for Construction.

USDOL OSHA 29 CFR 1910 General Industry Safety and Health Standards.

During the performance of work, the contractor must create procedures for control and safety of USACE personnel and the public conducting their normal daily activities transgressing between buildings in the vicinity of the work area. Contractor is responsible for his personnel and for familiarizing each of his subcontractors and all visitors with safety requirements. Contractor must advise the Contracting Officer of any special safety restriction he has established so that Government personnel can be notified of these restrictions. The SSHO must be present on-site whenever project-related work is being executed. The buddy system must be utilized. The contractor must permit safety inspections of all work being performed.

Work areas must be protected for a minimum of 30 feet beyond the felling space to keep from endangering the public.

Traffic control must be incorporated as needed for all public spaces.

Attachment #4 – Blank Abbreviated Accident Prevention Plan

Contractor ABBREVIATED Accident Prevention Plan (APP) CHECKLIST (EM 385-1-1, Appendix - A, dated 30 Nov 2014)

Minimum Basic Outline for APP

The APP is the Contractor Safety and Health Program Document. The following Site Specific Areas will be addressed:

NOTE: 1. Contractor will complete Checklist and Submit with their APP.

NOTE: 2. Contractor APP WILL be submitted in format below.

NOTE: 3. Safety Office will review Contractor APP and return to PM /COR.

NOTE: 4. Contractor APP's ARE NOT APPROVED by the USACE, only found as Acceptable or Non-Acceptable.

Safety Office Review Status: ACCEPTED BY/DATE: ________________ NOT ACCEPTED BY/DATE:________________

Contractor Name: Contract No:

Project Title & Location: Included ? Location:

Yes No N/A Page(s) ABBREVIATED APP for LIMITED-SCOPE SERVICE, SUPPLY AND R&D CONTRACTS. If service, supply and R&D contracts with limited scopes are awarded, the contractor may submit an abbreviated Accident Prevention Plan. This APP shall address the following areas at a minimum per EM 385-1-1 Appendix A paragraph 3.k. If other areas of the EM 385-1-1 are pertinent to the contract, the contractor must assure these areas are addressed as well.

1. Title, signature, and phone number of the plan preparer.

2. Background Information to include: Contractor; Contract number; Project name; Brief project description, description of work to be performed, and location (map); Note: The project description shall provide a means to evaluate the work being done (see AHA requirements in 01.A.14), associated hazards involved and a RAC assigned to each. The overall RAC for the activity must be determined (based on highest task RAC) and accepted at the appropriate level in order for work to proceed.

3. Statement of Safety and Health Policy detailing their commitment to providing a safe and healthful workplace for all employees.

4. Responsibilities and Lines of Authorities – to include a statement of the employer’s ultimate responsibility for the implementation of his SOH program; Identification and accountability of personnel responsible for safety at all levels to include designated site safety and health officer (SSHO) and associated qualifications. The District SOHO will review the qualifications for acceptance.

5 Training - new hire SOH orientation training at the time of initial hire of each new employee and any periodic retraining/recertification requirements.

6 Procedures for job site inspections - assignment of responsibilities and frequency.

7. Procedures for reporting man-hours worked and reporting and investigating any accidents.

Accident investigations, reports, and logs: Report all accidents/incidents as soon as possible but not more than 4 hours afterwards to the Contracting Officer/Representative (CO/COR). The contractor shall thoroughly investigate the accident and, if applicable, submit the findings of the investigation along with appropriate corrective actions to the CO/COR in the prescribed format as soon as possible but no later than five (5) working days following the accident. Implement corrective actions as soon as reasonably possible;

8. Emergency Planning. Employees working alone shall be provided an effective means of emergency communication. This may be cellular phone, two-way radio or other acceptable means.

The selected means of communication must be readily available and must be in working condition.

9. Drinking Water provisions, toilet and washing facilities.

10. First Aid and CPR training (at least two employees on each shift shall be qualified/certified to administer first aid and CPR) and provision of first aid kit (types/size).

11. Personal Protective Equipment.

(a) WORK CLOTHING - Minimum Requirements. Employees shall wear clothing suitable for the weather however minimum requirements for work shall be short-sleeve shirt, long pants (excessively long or baggy pants are prohibited) and leather work shoes. If analysis determines that safety-toed (or other protective) footwear is necessary (i.e., mowing, weed eating, chain saw use, etc), they shall be worn.

Contractor ABBREVIATED Accident Prevention Plan (APP) CHECKLIST (EM 385-1-1, Appendix - A, dated 30 Nov 2014)

Minimum Basic Outline for APP

The APP is the Contractor Safety and Health Program Document. The following Site Specific Areas will be addressed:

NOTE: 1. Contractor will complete Checklist and Submit with their APP.

NOTE: 2. Contractor APP WILL be submitted in format below.

NOTE: 3. Safety Office will review Contractor APP and return to PM /COR.

NOTE: 4. Contractor APP's ARE NOT APPROVED by the USACE, only found as Acceptable or Non-Acceptable.

Safety Office Review Status: ACCEPTED BY/DATE: ________________ NOT ACCEPTED BY/DATE:________________

Contractor Name: Contract No:

Project Title & Location: Included ? Location:

Yes No N/A Page(s)

(b) Eye and Face Protection. Eye and face protection shall be worn as determined by an analysis of the operations being performed HOWEVER, all involved in chain saw use, chipping, stump grinding, pruning operations, grass mowing, weed eating and blowing operations shall be provided safety eyewear (Z87.1) as a minimum.

(c) Hearing Protection. Hearing protection must be worn by all those exposed to high noise activities (to include grass mowing and trimming, chainsaw operations, tree chipping, stump grinding and pruning).

(d) Head Protection. Hard hats shall comply with ANSI Z89.1 and shall be worn by all workers when a head hazard exists. At a minimum, hard hats shall be worn when performing activities identified in (2) above.

(e) High Visibility Apparel shall comply with ANSI/ISEA 107, Class 2 requirements at a minimum and shall be worn by all workers exposed to vehicular or equipment traffic.

(f) Protective Leg chaps shall be worn by all chainsaw operators.

(g) Gloves of the proper type shall be worn by persons involved in activities that expose the hands to cuts, abrasions, punctures, burns and chemical irritants.

(h) If work is being performed around water and drowning is a hazard, PFDs must be provided and worn as appropriate.

12. Machine Guards and safety devices. Lawn maintenance equipment must have appropriate guards and safety devices in place and operational.

13. Hazardous Substances. When any hazardous substances are procured, used, stored or disposed, a hazard communication program must be in effect and MSDSs shall be available at the worksite.

Employees shall have received training in hazardous substances being used. When the eyes or body of any person may be exposed to corrosives, irritants or toxic chemicals, suitable facilities for quick drenching or flushing of the eyes and body shall be provided within 10 seconds of the worksite.

14. Traffic control shall be accomplished in accordance with DOT’s MUTCD.

15. Control of Hazardous Energy (Lockout/Tagout). Before an employee performs any servicing or maintenance on any equipment where the unexpected energizing or startup of the equipment could occur, procedures must be in place to ensure adequate control of this energy.

16. High hazard activities should not be encountered on these types of jobs. If they are (i.e.driving/ operating equipment on slopes, working from/in boats/skiffs, etc.), a determination shall be made by the KO and local SOH office as to whether an abbreviated APP is applicable

Attachment #5 – Blank Activity Hazard Analysis

*Note: This is an un-editable image. See attachment of PDF document for editable XML version.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.204-26 Covered Telecommunications Equipment or Services--

Representation.

OCT 2020

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

DEC 2021

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

DEC 2021

52.217-5 Evaluation Of Options JUL 1990 52.219-28 Post-Award Small Business Program Rerepresentation SEP 2021 52.229-11 Tax on Certain Foreign Procurements--Notice and

Representation

JUN 2020

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2021

52.237-1 Site Visit APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

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

JAN 2021

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements MAR 2022 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

252.225-7974 (Dev) Representation Regarding Business Operations with the Maduro Regime (DEVIATION 2020-O0005)

FEB 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.243-7999 (Dev) Section 3610 Reimbursement. (DEVIATION 2020-O0021) AUG 2020 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

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 information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the…