RFQ_W912WJ-17-Q-0087.pdf

SEE ADDENDUM

(No Collect Calls)

W912WJ-17-Q-0087 29-Mar-2017

b. TELEPHONE NUMBER

978-318-8269

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 10 Apr 2017

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.

W912WJ9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

PAIGE C KIMBROUGH-ROWAN

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

W13G8663271094

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

WOMEN-OWNED SMALL

BUSINESS (WOSB)

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

U S ARMY ENGR DISTRICT, NEW ENGLAND

696 VIRGINIA RD

CONCORD MA 01742-2751

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 961308 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

BIRCH HILL DAM PROJ OFC

JEFFREY MANGUM

68 BIRCH HILL DAM ROAD

ROYALSTON MA 01368

TEL: 978-318-8282 FAX: 978-249-0223

978-318-8207FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

$ 15 MILLION

NAICS:

541620

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.

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF66

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.

W912WJ-17-Q-0087

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

BIOMONITORING & HABITAT EVALUATION

FFP

[BASE - STUDY AREA 1] Contractor shall furnish all labor, equipment and materials necessary to perform BIOMONITORING AND HABITAT EVALUATION SERVICES at the BIRCH HILL DAM PROJECT SITE; located in Royalston, MA. All services/duties shall be performed in accordance with the attached Performance Work Statement.

Period of Performance: DATE OF AWARD through 01-NOVEMBER-2017

Wage Determination 15-4061 (Rev.-2) issued by the Department of Labor on 01/03/2017, is applicable to services performed during the term of the resultant contract. Rates are attached.

FOB: Destination

MILSTRIP: W13G8663271094

PURCHASE REQUEST NUMBER: W13G8663271094

NET AMT

0002 1 Job

OPTION [OPTION] AREA 2

FFP

[OPTION - STUDY AREA 2] Contractor shall furnish all labor, equipment and materials necessary to perform BIOMONITORING AND HABITAT EVALUATION SERVICES at the BIRCH HILL DAM PROJECT SITE; located in Royalston, MA. All services/duties shall be performed in accordance with the attached Performance Work Statement.

Period of Performance: DATE OF AWARD through 01-NOVEMBER-2017

Wage Determination 15-4061 (Rev.-2) issued by the Department of Labor on 01/03/2017, is applicable to services performed during the term of the resultant contract. Rates are attached.

**OPTION WILL BE EXERCISED AT THE TIME OF THE BASE CONTRACT

AWARD.**

FOB: Destination

0003 1 Job

OPTION [OPTION] AREA 3

FFP

[OPTION - STUDY AREA 3] Contractor shall furnish all labor, equipment and materials necessary to perform BIOMONITORING AND HABITAT EVALUATION SERVICES at the BIRCH HILL DAM PROJECT SITE; located in Royalston, MA. All services/duties shall be performed in accordance with the attached Performance Work Statement.

Period of Performance: DATE OF AWARD through 01-NOVEMBER-2017

Wage Determination 15-4061 (Rev.-2) issued by the Department of Labor on 01/03/2017, is applicable to services performed during the term of the resultant contract. Rates are attached.

**OPTION WILL BE EXERCISED AT THE TIME OF THE BASE CONTRACT

AWARD.**

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 9 mths. ADC 1 BIRCH HILL DAM PROJ OFC

JEFFREY MANGUM

68 BIRCH HILL DAM ROAD

ROYALSTON MA 01368

978-318-8282

961308

0002 9 mths. ADC 1 (SAME AS PREVIOUS LOCATION)

0003 9 mths. ADC 1 (SAME AS PREVIOUS LOCATION)

NOTICE TO OFFERORS

PLEASE DIRECT QUESTIONS TO PAIGE KIMBROUGH at 978‐318‐2869 OR Paige.C.Kimbrough‐Rowan@usace.army.mil. THE SOLICITATION AND RESULTING CONTRACT SHALL BE

THE GOVERNING DOCUMENT IN ALL CASES.

QUOTES CAN BE FAXED OR E‐MAILED TO PAIGE KIMBROUGH AT (978) 318‐8207 or Paige.C.Kimbrough‐ Rowan@usace.army.mil. E‐MAIL IS THE PREFERRED METHOD OF SUBMISSION.

Contractors must be REGISTERED and ACTIVE in the System for Awards Management (SAM) database (www.SAM.gov) to be eligible for award (formerly the Central Contractor Registration (CCR) database and the On‐Line Representations and Certifications (ORCA). Please note that Google and Google Chrome are not supported browsers for SAM registration. Mozilla FireFox, Safari, and Internet Explorer are supported browsers.

SAM.gov registration takes approximately 3 weeks (DUNS registration 1‐2 business days; CAGE code validation up to 10 business days; IRS validation and overall submission 7‐10 business days). It is the contractor’s responsibility to track SAM.gov registration and follow‐up with required tasks. SAM.gov registration does not have to be “active” to be able to submit a quote. However, contractors must have an active record before a contract award can be made. If SAM.gov registration is not completed in a timely fashion in accordance with the SAM.gov timelines, the Government reserves the right to disqualify the quote in accordance with FAR 52.204‐7(d).

Contractors should note that 30 September is the end of the Government fiscal year. As that date approaches, the Government will be unable to delay year‐end contract awards and will have to disqualify contractors without an active SAM.gov registration. If you have any questions, please contact the aforementioned point of contact.

Provide DUNS number: ___________________________ (telephone 866‐705‐5711 for DUNS) Provide CAGE code: ____________________________ Provide TAX ID: __________________________ Per FAR Clause 52.212‐3 Alt I, the Contractor is required to complete the On‐line Representations and Certifications Application (www.SAM.gov) and paragraph (b) if applicable, OR to complete paragraphs (c) thru (m) of this clause and return with quote.

CONTRACTOR SECURITY REVIEW

The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the Technical Point of Contact NLT 5 calendar days after the completion of the training.

The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the Technical Point of Contact no later than 3 business days after the initial contract award.

PERFORMANCE WORK STATEMENT

BIOMONITORING AND HABITAT EVALUATION

U.S. ARMY CORPS OF ENGINEERS

BIRCH HILL DAM

ROYALSTON, MASSACHUSETTS

Performance Work Statement March 2017

A. General

1. Scope – Furnish all equipment, materials, labor, and transportation necessary to perform bio monitoring & habitat evaluation services at Birch Hill Dam. The work includes, field work, analysis and a final report.

2. Location – Birch Hill Dam is located at 68 Birch Hill Dam Road, Royalston, Massachusetts.

The study areas specified in the contract are located on project lands in the towns of Royalston, Winchendon & Templeton, Massachusetts.

3. Site Visit – Contact the Technical Point of Contact to arrange a site visit. The Technical Point of Contact for the project is Park Ranger, Zachery Koziol (978-318-8265, or zachery.e.koziol@usace.army.mil).

4. Schedule – The field work is to be performed between April 2017 and August 2017. Final analysis and report shall be submitted no later than October 1, 2017. The overall Period of Performance shall be 1 March 2017 through 1 November 2017.

5. Pre-Work Conference – Prior to the start of any work, the Technical Point of Contact will schedule and conduct a “Pre-Work Conference”. The Contractor’s Project Manager and Quality Control Personnel will attend this meeting. This conference will be held at the time and location agreeable to the government and contractor. No work may be performed under this contract prior to this conference. The purpose of the conference is to enable the Technical Point of Contact to outline the procedures that will be followed by the Government in its administration of the contract, and to discuss the performance that will be expected from the Contractor. This conference will allow the Contractor an opportunity to ask questions about the Government’s administration and inspection of contract work or obtain other pertinent information that might be required. At the Pre-Work conference the contractor shall provide the name of the project superintendent with a telephone number for project coordination.

The following is a general list of items for discussion during this Pre-Work Conference:

i. Authority of the Technical Point of Contact.

ii. Contractor’s Safety Program (including sub-contractors).

iii. Abbreviated Accident Prevention Plan and Activity Hazard Analysis (Submitted & accepted prior to start of work on site)

iv. Contractor’s Equipment

v. Correspondence, Communication and Administrative Procedures.

vi. Invoice and payment.

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

7. Security – The contractor will comply with all established security policies at Birch Hill Dam. Due to periods of heightened security that may affect the access to the areas covered under this contract, the Government reserves the right to close any property or portion of property and reschedule and/or cancel any subsequent service. The Contractor shall be given at least 24 hour notice of any such closure.

8. Contractor Conduct – Alcohol and firearms are prohibited on project grounds. Contractor and employees must comply with CFR 36 Rules and Regulations.

9. Payment – After final inspection and acceptance by the Government, the Contractor must submit an invoice to the Technical Point of Contact. The invoice shall include the invoice date, contract number, dates of service, description of work, quantities, and total amount due per line item.

All invoices may be mailed to U.S. Army Corps of Engineers 68 Birch Hill Dam Road, Birch Hill Dam Royalston, MA 01368

Or Emailed to zachery.e.koziol@usace.army.mil

B. Technical Requirements:

General Requirement:

1. Summary – Furnish all equipment, materials, labor, and transportation necessary to perform bio monitoring & habitat evaluation services at Birch Hill Dam. Contractor’s work and responsibility shall include, but not be limited to, all job planning, programming, scheduling, administration, inspection, personnel, equipment, vehicles, fuel, materials, supplies, supervision, and quality control necessary to perform the various services required herein.

i. Base Requirement – Study Area 1 includes approximately 178 acres.

ii. Optional Requirement – Study Area 2 includes approximately 235 acres.

iii. Optional Requirement – Study Area 3 includes approximately 72 acres.

2. Existing Conditions - Birch Hill Dam is a 74 year old flood reduction management project with a 175 square mile drainage area encompassing roughly 4,300 acres (completed in 1942). Birch Hill Dam is located on the Miller’s River, a tributary to the Connecticut River Basin and 11 miles northeast of Athol, Massachusetts. The landscape is a primarily forested with a blend of wetland and open field spread throughout. Study areas consist mostly of red plantation pine with white pine, red oak, white oak, scrub oak & pitch pine speckled throughout. The understory has plants of the heath family, such as blueberries and bearberry, and shrubs, such as hazelnut, can be commonly found in these study areas.

3. Safety Requirements - All work shall be conducted in accordance with the U.S.

Army Corps of Engineers Safety and Health requirements Manual (EM 385-1-1, most recent edition), and all applicable federal, state, and local safety and health requirements. A copy of EM 385-1-1 can be accessed electronically at Headquarters USACE website under publications using the following link:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM _385-1-1.pdf

4. Modified Activity Hazard Analysis

a. A Modified AHA shall be submitted and must cover all the major phases of work.

A major phase of work is defined as an operation involving a type of work presenting hazards not experienced in previous operations or where a new subcontractor or work crew is to perform the work. The analysis shall define all activities to be performed, identify the sequence of work, the specific hazards anticipated, and the control measures to be implemented to eliminate or reduce each hazard to an acceptable level. Work shall not proceed on a phase of work until the AHAs have been accepted by the GDA. A preparatory meeting shall be conducted by the prime contractor to discuss the Modified AHA’s contents with all effected onsite employees. The Modified AHA shall be continuously reviewed and revised to address changing site conditions as appropriate. The AHA’s shall interface with the Contractor's overall safety and health program.

b. Emergency Reponses Procedures shall be documented in the Modified AHA and will include a map with directions to the nearest hospital, emergency contact numbers, and onsite First Aid/CPR responders. (See Appendices B-1 & B-2)

5. Required Personnel

a. The Contractor shall designate one employee as the site’s Competent Person (CP) who is responsible for ensuring a safe environment for all employees. The CP shall be present at the project site and report to the contractor’s upper management. The CP is required to have related construction and/or service experience.

b. In addition, when emergency medical services are not accessible within 5 minutes of the work location and there are 2 or more workers onsite, at least 2 employees shall be trained in First Aid and CPR. Minimum qualifications are listed in EM 385-1-1, Section 03.A.02.c.

6. Accident Reporting

a. All accidents and near misses shall be investigated by the Contractor. All work-related recordable injuries, illnesses and property damage accidents (excluding on-the-road vehicle accidents), in which the property damage exceeds $5,000.00, shall be verbally reported to the GDA within 4 hours of the incident. Serious accidents as described in EM 385-1-1 Section 01.D shall be immediately reported to the GDA. ENG Form 3394 shall be completed and submitted to the GDA within five working days of the incident. (See Appendix C)

b. The Contractor shall complete the attached “USACE Contractor Monthly Summary Record of Injuries/Illness and Work Hour Exposure” (for prime and its subcontractors) and forward the completed form to the GDA no later than close of business on the 5th calendar day of the following month. The method of transmission by the prime contractor to the GDA shall be electronically. (See Appendix D)

7. Clean Up and Waste Disposal – The contractor shall keep the work area free from accumulation of waste materials. Any and all disturbed areas resulting from contractor activities shall be restored by the contractor to the satisfaction of the Technical Point of Contact.

8. Environmental Protection – Containers for excess and/ or waste materials, rubbish, etc. shall be provided by the contractor at the site, and the site will be inspected/ cleaned on a daily basis. Water, air and land resources shall not be adversely impacted during the course of the work. Contractor will take necessary steps to ensure all federal, state, and local environmental regulatory requirements are met.

9. Government Resources – The contractor may use the existing restroom facilities at

Birch Hill Dam. The government will supply any electricity and water necessary for the project work from points of existing outlets. The contractor shall carefully conserve the use of electricity and water provided. The contractor shall supply his own means of communication (telephone).

10. Omissions – This contract may not cover all specified activities, steps, and procedures required to supply the contract product. In case of omission, the normal industry, state, or federal standards, practices, specifications, and/or guides shall prevail. In no instance shall an omission be reason to produce less than an acceptable product.

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

12. Receiving and Storing Materials – The Government will provide a storage area and parking for contractor personnel. The contractor is responsible for protecting any stored material until it is placed in service. The contractor is responsible for receiving and unloading of delivered goods. Government employees will not receive material for supplies for the contractor and will not be responsible for damage to the contractor’s equipment or materials.

13. Requests for information – Requests concerning the work of this project should be directed to the Technical Point of Contact, Zachey Koziol at 978-318-8262 or zachery.e.koziol@usace.army.mil.

14. Submittals – Although the Government technically reviews submissions required by this scope of work, it is emphasized that the Contractor’s work must be prosecuted using proper internal controls and review procedures. The documents identified below must be prepared in accordance with the applicable standards, submitted for review and accepted by the Government prior to the commencement of any field activities.

a. Modified Activity Hazard Analysis – Prior to the Start of Field Work

b. Digital Data: Aerial Photo Wetland Mapping and other GIS Data 1” ≤ 1,000 ft

(compatible with ESRI product ArcMap 10.x)

c. Any Natural Resource Inventory Data and Field Forms

d. Photo Documentation

e. Evaluation Report (1 hard bound hard copies and a digital copy)

NOTE: All data, materials, submittals and maps gathered and/or developed in the performance of this contract shall be the property of the Government.

15. References – All work shall be in conformance with :

a. Sorrie, B. and Somers, P. 1999. The vascular plants of Massachusetts: A county checklist. Massachusetts Division of Fisheries and Wildlife, Natural Heritage and Endangered Species Program, Westborough, MA.

b. Birds:

Blodget, B.G. 1998. Checklist of the birds of Massachusetts. Massachusetts Division of Fisheries and Wildlife. Westborough, MA.

c. Reptiles and Amphibians:

Cardoza, James E. and Peter G. Mirick. 1999. List of the reptiles and amphibians of Massachusetts, 3rd edition. Massachusetts Division of Fisheries and Wildlife, Fauna of Massachusetts Series No. 3.

Westborough, MA.

d. Northern Long Eared Bat Final 4 (d) Rule:

USFWS: Northern Long-Eared Bat

e. Natural Heritage and Endangered Species Program observation form (see:

http://www.mass.gov/dfwele/dfw/nhesp/publications/nhesp_forms.htm).

f. Biological Assessment Birch Hill Wildlife Management Area Baldwinsville

Massachusetts. David H. Small and Matthew Hickler, PhD. 2012

Service Requirements

1. Botanical Survey and Habitat Evaluation:

a. Objectives:

i. Document any rare plant species and ecologically significant habitats in treatment areas as indicated in attached map (Figures A, B, & C).

ii. Characterize a representative example of pre-treatment vegetation.

b. Methods:

i. Botanical/Ecological survey: Conduct field surveys in each of the areas proposed for study. The first survey will focus on picking up vernal species that become obscure later in the season; the second survey will be timed to pick up mid-to-late season species.

ii. Vegetation survey: Three standard releve (5 meter by 5 meter square) samples will be completed in a representative example of the most prominent vegetation type encountered in each proposed treatment area. Methodology will adhere to that in current use by the Massachusetts Natural Heritage and Endangered Species Program for community classification and characterization.

Releves will be taken in mid-summer.

c. Deliverables:

i. A written brief summary of vegetation structure and distribution in the study areas.

ii. Detailed information on any rare species or significant habitats encountered. The information provided will be sufficient for managers to make informed decisions.

iii. Standard Form 3 releve summary sheets for each vegetation sample.

iv. A checklist of plant species documented at each site.

2. Reptile and Amphibian Assessment:

i. Document any rare reptile and amphibian species and ecologically significant habitats in treatment areas as indicated in attached map (Figures A, B, & C).

ii. Characterize a representative example of pre-treatment reptile and amphibian existence in the area.

i. Searches on sunny spring days for basking reptiles.

ii. Placement and periodic checking of cover boards for snakes.

iii. Walk-throughs of each site to assess habitat and look for reptiles and amphibians.

iv. Checking potential turtle nesting sites in early June.

c. Deliverables:

i. A written brief summary of reptile and amphibian species found in the treatment areas.

ii. Recommendations to maximize the benefit of the proposed treatment for reptiles and amphibians. The information provided will be sufficient for managers to make informed decisions.

iii. Copies of all field sample forms and associated digital photographs taken in field.

iv. A checklist of reptile and amphibian species documented at each treatment site.

3. Breeding Bird Assessment:

i. Document any rare bird species and ecologically significant habitats in treatment areas as indicated in attached map (Figures A, B, & C).

ii. Characterize a representative example of pre-treatment avian existence in the area.

i. Bird community assessments will be consist of two visits each treatment area as shown in maps provided by USACE.

ii. Surveys will be conducted between late May and Mid June 2017 between 0530 and 0900h, with the site visit order reversed on the second visit. These will be 30-43 min “walk-through” assessments, recording all birds detected in an infinite counting radius and with no attempt to separate birds confined to the sites vs. those in the surrounding forest and ecotone.

c. Deliverables:

i. A written report describing the results of the objectives listed above. This will include a list of all species seen or heard. If a rare species is encountered, it will be documented with the date, time, and GPS location.

4. Invertebrate Assessment

i. Document any rare invertebrate species and ecologically significant habitats in treatment areas as indicated in attached maps (Figures A, B, & C).

ii. Characterize a representative example of pre-treatment invertebrate existence in the area.

b. Methods:

i. Invertebrate community assessment will consist of a minimum of two visits to each of the

ii. treatment areas on predominately sunny days with ambient temperature greater than 60 degree F.

iii. Surveys will be conducted between late May through July and consist of a 2 to 4 hour walk through assessment, recording all species of Dragonflies, Moth, and Butterflies detected. When possible digital images will be taken of species detected and included in the report. Specimens of invertebrates may be collected to corroborate identification and provide vouchers for the MNHESP. A total species list will be developed and all data will be entered in an Excel spreadsheet and included in the report.

c. Deliverables:

i. A written report describing the results of the objectives listed above. This will include a list of all species seen or heard. If a rare species is encountered, it will be documented with a photograph, the date, time, and GPS location.

5. Northern Long-Eared Bat

i. Document Northern Long-Eared Bat (NLEB) species and ecologically significant habitats in treatment areas as indicated in attached maps (Figures A, B, & C).

b. Methods:

i. NLEB assessment will be completed in compliance with U.S. Fish and Wildlife Service’s (USFWS) January 5, 2016 4(d) rule. See Appendix A for supporting documentation and guidance.

c. Deliverables:

i. A written report describing the results of the objectives listed above. This will include a list of any Northern Long-Eared Bats seen or heard. If a rare species is encountered, it will be documented with, if possible, a photograph, the date, time, and GPS location.

Service Locations Birch Hill Dam Project Location consists of three study areas (Study Area 1, Study Area 2 & Study Area 3– Figures A, B, & C). The area descriptions are presented below and detailed in Table 1:

1. Study Area 1:

Elm Street Polygon - 178 acres (Figures A)

2. Study Area 2:

River Road Polygon – 235 acres (Figures B)

3. Study Area 3:

Spillway Polygon – 72 acres (Figures C)

4. Schedule:

Weekdays & Weekends: To provide the best possible sampling, hours of field work will not be limited to specific times or days of the week. Field personnel will be aware of current hunting seasons and dress appropriately in safety orange if working during respective state hunting seasons. Hunting seasons range over the entire contractor period of performance.

Estimated Quantities

1. Contractor will bid on providing the described bio monitoring & habitat evaluation on Study Area 1 (178 acres). Study Area 2 (235 acres) and Study Area 3 (72 acres) will be separate line items for contractor to offer a price on. It will be at the discretion of the government if they will exercise one, or both, of the option line items under this contract.

Figure A: Study Area 1 – 178 Acres

Figure B: Study Area 2 – 235 Acres

Figure C: Study Area 3 – 72 Acres

CLAUSES INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.208-9 Contractor Use of Mandatory Sources of Supply or Services MAY 2014 52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.217-5 Evaluation Of Options JUL 1990 52.223-1 Biobased Product Certification MAY 2012 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-10 Waste Reduction Program MAY 2011 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

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

MAY 2016

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.204-9002 REPORTING OF CONTRACTOR MANPOWER DATA ELEMENTS

(a) Scope. The following sets forth contractual requirements for reporting of contractor labor work year equivalents (also called Contractor Man-year Equivalents (CMEs)) in support of the Army, pursuant to 10 U.S.C.

129a, 10 U.S.C. 2461(g), Section 343 of P.L. 106-65, and 32 CFR 668. Reporting shall be accomplished electronically by direct contractor submission to the secure Army Web Site: https://cmra.army.mil. Information on the background, purposes, and significance of this reporting requirement, and the 32 CFR 668 Final Rule as published in the Federal Register, can be found at this Web Site. In addition, a Help Desk function, detailed instructions on what and how to report, FAQs, and a site demonstration are available. The Army’s objective is to collect as much significant CME data as possible to allow accurate reporting to Congress and for effective Army planning. The reporting data elements should not be viewed as an “all or nothing” requirement. Even partial reporting, e.g., direct labor hours, appropriation data, place of performance, Army customer, etc., will be helpful.

(b) Applicability. This reporting requirement applies to services covered by Federal Supply Class or Service codes for “Research and Development,” and “Other Services and Construction.” Report submissions shall not contain classified information. (Also see “Exemptions” at (d) below.)

(c) Requirements. The contractor is required to report the following contractor manpower information, associated with performance of this contract action in support of Army requirements, for all covered contracts, to the Office, Assistant Secretary of the Army (Manpower and Reserve Affairs) (ASA(M&RA)), using the secure Army data collection web-site at https://cmra.army.mil. (Other information requirements associated with the manpower data collection (contract and task or delivery order numbers; appropriation data and amounts; total estimated value of contract; federal supply class or service code; major Army organizational element receiving or reviewing work; beginning and ending data for reporting period; place of performance; name, address, and point of contact for contractor; etc.) are specified and explained at the web site.)

(1) Labor Hours. Composite direct labor hours, and the value of those indirect labor hours plus compensation related costs for direct labor hours ordinarily included in the indirect pools1.

(2) Rates. Alternatively, contractors may report two distinct, relevant (annualized) composite or average indirect labor rates in lieu of raw indirect labor hours and the value of those indirect hours. Such rates shall be annualized average estimates for the reporting contractor and need not be developed for each reporting period.

Either method chosen should be consistently reported.

(d) Exemption(s). If the contractor is unable to comply with these reporting requirements without creating a whole new cost allocation system or system of records (such as a payroll accounting system), or due to similar insurmountable practical or economic reasons, the contractor may claim an exemption to at least a portion of the reporting requirement by certifying in writing to the contracting officer the clear underlying reason(s) for exemption from the specified report data element(s), and further certifying that they do not otherwise have to provide the exempted information, in any form, to the United States Government. The “self-exemption” will apply to all contract actions involving the contractor and will be reviewed and approved by the Deputy Assistant Secretary of the Army (Procurement), in coordination with the Deputy Assistant Secretary of the Army (Force Management and Resources), whose decision is final in this matter.

(e) Uses and Safeguarding of Information. The information submitted will be treated as contractor proprietary when associated with a contractor name of contract number.

(f) Subcontract Data. The contractor shall ensure that all reportable subcontract data is timely reported to the data collection web site (citing this contract/order number). At the discretion of the prime contractor, this reporting may be done directly by subcontractors to the data collection site; or by the prime contractor after consolidating and rationalizing all significant data from their subcontractors.

(g) Report schedule. The contractor is required to report the required information to the ASA(M&RA) data collection web site annually. The reporting period will be from the beginning of the period of performance until 30 September of each government fiscal year, not to exceed 12 months and must be reported by 31 October of each calendar year.

(h) Reporting Flexibility. Contractors are encouraged to communicate with the Help Desk identified at the data collection web site to resolve reporting difficulties. The web site reporting pages include a “Remarks” field to accommodate non-standard data entries if needed to facilitate simplified reporting and to minimize reporting

1 Compensation costs are defined in the reporting instructions at the Army Web Site.

burdens arising out of unique circumstances. Changes to facilitate reporting may be authorized by the contracting officer or the Help Desk (under HQDA policy direction and oversight).

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)

ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C.

395(c).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ``labor laws''.

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined…