Amendment W912WJ24Q0159-0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Amendment is necessary to provide responses to questions from industry, revise the Period of Performance to 240 days from Notice to Proceed in the Statement of Work, and update FAR clause 52.211-10.

Solicitation closing remains August 23, 2024 at 5:00 PM Eastern.

All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

1 11

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 12-Aug-2024

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W912WJ24Q0159

X 9B. DATED (SEE ITEM 11)

08-Aug-2024

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

12-Aug-2024

CODE

U S ARMY ENGR DISTRICT, NEW ENGLAND

696 VIRGINIA RD

CONCORD MA 01742-2751

W912WJ 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

Sheila.M.Winston@usace.army.milEMAIL:978-318-8159TEL:

SHEILA M WINSTONVINCUILLA / CHIEF, CONTRACTING DIVISION

W912WJ24Q0159

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

REQUEST FOR INFORMATION

QUESTION 1: Can the Period of Performance be extended into spring due to long lead times for ordering and shipping playground equipment while leaving enough time to for installation?

RESPONSE 1: Yes, the Period of Performance has been extended to 240 days from Notice to Proceed.

Please refer to the revised Statement of Work, Delivery, and FAR clause 52.211-10 for further information.

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

STATEMENT OF WORK

PLAYGROUND PROCUREMENT AND INSTALLATION

U.S. ARMY CORPS OF ENGINEERS

TOWNSHEND LAKE

TOWNSHEND, VERMONT

STATEMENT OF WORK

REVISED

I. General:

1. Scope – Furnish all labor, materials, and equipment necessary for procurement and installation of a brand-new playground structure at Townshend Lake Recreation Area in accordance with manufacturer’s specifications and the following Statement of Work.

2. Location – The Townshend Lake Recreation Area is located on the West River on Dam Rd, Townshend, VT and is part of the Townshend Lake flood control project of which the office is located at 3845 Vermont Route 30, Townshend, VT.

3. Site Visit – Contact the Technical Point of Contact to arrange a site visit. The Technical Point of Contact (TPOC) for the project is Natural Resources Specialist, Valerie Franklin 978-318-8462 or valerie.l.leclerc@usace.army.mil.

4. REVISED Schedule – The work shall be completed no later than 120 240 days from Notice to Proceed. The Contractor will coordinate with the Government for the estimated start date.

Work shall be performed Monday through Friday 7:00 AM to 3:30 PM unless otherwise approved by the Technical Point of Contact. No work shall be done on weekends or Government holidays. The Pre-Construction Conference shall be completed with fourteen

(14) days of Notice to proceed.

All pre-construction submittals shall be submitted within twenty-one (21) days of notice to proceed. The Government reserves up to twenty-one (21) days for review and acceptance on each submittal from the date of receipt. If revisions are necessary to the submittals, the Contractor shall make such revisions and shall be resubmitted to the Government in an acceptable form within fourteen (14) days of the Government’s response, unless additional time is granted by the Government in writing. No field work may proceed prior to the acceptance of pre-construction submittals.

5. Safety Requirements-

a. General:

All work shall be conducted in accordance with the U.S. Army Corps of Engineers (USACE) Safety and Occupational Health Requirements (EM 385-1-1, most recent edition), and all applicable Occupational Safety and Health Administration (OSHA), Federal, State, and local safety and health requirements. A copy of EM 385-1-1 can be accessed electronically at the following link:

https://www.publications.usace.army.mil/Portals/76/EM%20385-1- 1%20_EFFECTIVE%2015March2024.pdf

Project staff reserve the right to cease work at any time should the safety of employees, Contractors, and/or the public become jeopardized.

b. Accident Prevention Plan (APP):

The Contractor shall prepare a site-specific Accident Prevention Plan. The APP must be written by a Competent Person (CP) and document the specific work processes, equipment, materials to be used, hazards and applicable control measures.

The mandatory ENG Form 6293 (Accident Prevention Plan Worksheet) must be submitted and accepted prior to beginning on site work:

https://www.publications.usace.army.mil/Portals/76/Eng_Form_6293_2023Aug31.pdf

A preparatory meeting shall be conducted by the Prime Contractor to discuss the APP contents with all effected onsite employees. The Prime Contractor is responsible for informing the subcontractors of the safety provisions under the terms of the contract, the penalties for noncompliance, and inspecting subcontractor operations to ensure that accident prevention responsibilities are being carried out.

Daily safety meetings shall be held and documented. Records shall be available to the Technical Point of Contact upon request.

c. Activity Hazard Analysis (AHA):

An AHA shall be submitted and accepted for each definable feature of work (DFOW) in accordance with EM 385-1-1, Chapter 2-6. A DFOW is defined as any task, which is separate and distinct from other tasks, has separate control requirements, or is identified as different trades or disciplines. The AHA shall be continuously reviewed and revised to address changing site conditions as appropriate.

For a non-mandatory formatted outline of an AHA, see ENG Form 6206 (Activity Hazard Analysis) https://www.publications.usace.army.mil/Portals/76/Eng_Form_6206_2023Aug24.pdf

d. Site Safety and Health Officer (SSHO) Requirements:

The Contractor shall employ a minimum of one person to function as a Level 3, SSHO. A Level 3 SSHO is a designated Qualified Person (QP) or Competent Person (CP) with Safety and Occupational Health (SOH) responsibility that meets the requirements of EM 385-1-1, Chapter 2-3.b and 2-4.b.

Level 3 SSHOs must have training, knowledge, and/or experience identifying hazards and implementing controls for the work being performed.

The SSHO shall be present at the project site and be responsible for overseeing the implementation of the Prime Contractor’s SOH program. Contractor shall designate all SSHOs on a mandatory ENG Form 6282 (Site Safety and Health Officer Designation Letter):

https://www.publications.usace.army.mil/Portals/76/Eng_Form_6282_2023Aug28.pdf

e. First-Aid and CPR Personnel Requirements:

For shifts with multiple employees, provide at least two employees that are certified to administer First Aid and CPR. When employees work alone, they must be certified in First Aid and be provided an effective means of communication to call for assistance in the event of an emergency. Minimum First Aid and CPR qualifications are outlined in EM 385-1-1, Chapter 3-3.

f. Additional Personnel Requirements:

Other Competent Person (CP) or Qualified Persons (QP) may be required per EM 385-1- 1 and/or other sections of this Scope of Work, based on the definable features of work for this project.

g. Accident Reporting:

All accidents and near misses shall be investigated by the Contractor and reported to the Technical Point of Contact in accordance with EM 385-1-1, Table 2-1.

The mandatory ENG Form 3394 shall be completed and submitted to the Technical Point of Contact within seven (7) days of an incident:

https://www.publications.usace.army.mil/Portals/76/Publications/EngineerForms/Eng_Fo rm_3394_2021Aug.pdf

h. Employee Exposure Data:

The Contractor shall electronically report total employee work hours (including subcontractors) to the Technical Point of Contact by close of business on the 10th calendar day of the following month.

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 Townshend Lake. 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 work. The Contractor shall be given at least twenty four (24) hours’ notice of any such closure.

8. Flooding – Townshend Lake is a flood control project, and the work area outlined in this contract is subject to becoming inundated during periods of excessive rainfall. If such an event should occur, in-progress work shall immediately cease, and all equipment, materials, and personnel will be vacated from the area within twenty four (24) hours’ notice by the TPOC. When flooding ends and waters recede, the TPOC will notify the Contractor as areas reopen and work may resume.

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 work, description of work, quantities, process, and total amount due per line item. The invoice must also include the company letterhead, and this must match the data that is registered in the System for Award Management (SAM) registry.

For jobs greater than 30 days the Contractor may request progress payment.

All invoices may be mailed to:

U.S. Army Corps of Engineers Ball Mountain Lake 88 Ball Mountain Lane Jamaica, VT 05343 Or Emailed to valerie.l.leclerc@usace.army.mil

II. Technical Requirements:

Part 1 General:

1. Summary – Furnish all labor, materials, and equipment necessary for procurement and installation of a brand-new playground structure at Townshend Lake Recreation Area in accordance with manufacturer’s specifications.

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

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

a. Pre-Construction: Submitted within twenty-one (21) days of Notice to Proceed.

Submittals must be accepted prior to the commencement of any field work.

i. Accident Prevention Plan (ENG Form 6293)

ii. Activity Hazard Analysis

iii. Site Safety and Health Officer Designation Letter (ENG Form 6282)

iv. Safety Data Sheets

v. First-Aid, CPR Certifications

vi. Licenses and certifications

vii. Manufacturer’s product data sheets

viii. Warranty information

ix. Detailed drawings of playground design - to be submitted and approved prior to installation

b. Post-work: By the completion of work and before final payment

i. Warranty Information

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

a. EM385-1-1

b. ASTM F1487-17 – Standard Consumer Safety Performance Specification for Playground

Equipment for Public Use

c. Consumer Product Safety Commission (CPSC)

d. Other appropriate Federal, State, and local codes for such an installation.

4. Existing Conditions – The area where installation will take place is an open manicured lawn surrounded by white pine trees, a picnic shelter, and volleyball court. The play structure shown in the informational photos will be removed by the Government. Exact locations of current water and electric lines from existing shelter and removed bath house are unknown.

Contractor must have underground utilities identified to ensure proper footing placement does not interfere with underground water or electric.

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

6. Clean Up and Waste Disposal – The Contractor shall practice good housekeeping to maintain a safe job site. The Contractor shall keep the work area, including any designated storage areas free from accumulation of waste materials. Upon completing work in an area the Contractor shall remove any tools, equipment, and materials that are not the property of the Government. Any and all disturbed areas resulting from Contractor activities shall be restored by the Contractor to the satisfaction of the Technical Point of Contact. All waste material will be disposed of offsite in accordance with all Federal, State, and local regulations.

7. Environmental Protection – Containers for excess and/ or waste materials, rubbish, etc.

shall be provided by the Contractor at the site, and the site will be inspected/cleaned on a daily basis. No burning is permissible. Water, air, and land resources shall not be adversely impacted during the course of the work. Storage, fueling and lubrication of equipment and motor vehicles shall be conducted in a manner that affords the maximum protection against spills and evaporation. Storage and usage of lubricants and daily fueling of machinery and equipment shall occur at least fifty feet (50’) from any drainage inlets, water bodies (rivers, streams, and lakes), environmentally sensitive areas (wetlands and vernal pools).

Contractor will take necessary steps to ensure all Federal, State, and local environmental regulatory requirements are met.

8. Sustainability & Environmentally Preferred Products – Under the Comprehensive

Procurement Guidelines (CPG) program, the Environmental Protection Agency (EPA) designates products that are or can be made with recovered materials and recommends practices for buying these products. Any designated product that is being offered or supplied under this contract shall meet the minimum recommended content levels as identified under the CPG program. Visit https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program for a complete list of designated products and the associated recommended contents levels. Offerors must be able to demonstrate that each offered products meets minimum content levels upon request.

The United States Department of Agriculture (USDA) designates certain bio-based products for Federal procurement and specifies minimum bio-based content levels for those products.

Any designated product that is being offered or supplied under this contract shall meet USDA BioPreferred's minimum bio-based content level. Visit the BioPreferred web site https://www.biopreferred.gov/BioPreferred/faces/pages/ProductCategories.xhtml for the complete list of designated products and the associated minimum bio-based content level requirements.

9. Personal Protective Equipment - It is the Contractor’s responsibility to furnish and supply personnel with the proper personal protective equipment necessary for performing the work.

10. Government Resources – The Government will supply any electricity necessary for the project work from points of existing outlets when available. The Contractor shall carefully conserve the use of electricity provided. The Contractor shall supply their own means of communication (telephone). There is not a restroom available at the contract site, and there is no access to potable water at the contract site. The Contractor would have to provide these resources or have an acceptable alternative plan for these resources.

11. Damage to Government and Private Property – The Contractor shall be responsible for restoring all Government facilities or structures damaged as a result of the Contractor’s operation. The Contractor shall also be responsible for any damage to private property or injury to any person as a result of the Contractor’s operation. The Contractor shall notify the Project Manager immediately of damage to Government and private property and injury to any person resulting from the Contractor’s operation. Also, the Contractor shall notify the Technical Point of Contact of damage to Government facilities due to vandalism or other causes on the day such damage is first noticed. Trucks and/or trailers will be driven on existing roads only and not across or through park areas to facilities. The Contractor shall also restore landscape features (shrubs, flowers, grasses, etc.), which are damaged or destroyed by the Contractor’s operation. Damaged or destroyed grass areas shall be re-planted as directed by the Technical Point of Contact, and shrubs and flowers which are damaged or destroyed shall be replaced from nursery stock of like size and kind.

12. Contractor’s Personnel –

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

b. Employee Conduct - The Contractor shall be responsible for seeing that the firm’s employees strictly comply with the Code of Federal Regulations Title 36, Chapter III, Part 327, and all, Federal, State, and municipal laws. Any personnel activity, which, in the opinion of the Government, is deemed detrimental to the performance of the contract may result in the removal of Contractor employee/employees.

Examples of unbecoming actions or conduct include but are not limited to the following:

i. Cursing, harassment, or discrimination of and/or unwarranted physical contact with visitors, USACE personnel, or other Contractors

ii. Recurring written and/or verbal complaints from visitors, USACE personnel, or other Contractors.

iii. Unsafe operation of vehicles while on USACE property.

c. Removal of Contractor’s Employees - The Technical Point of Contact may require the

Contractor to immediately remove from the work site any employee of the Contractor or subcontractor, who, in the opinion of the Technical Point of Contact, is incompetent, who endangers persons or property, or whose physical or mental condition is such that it would impair the employee’s ability to satisfactorily perform assigned work. Notification to the Contractor shall be promptly made in writing if time and circumstances permit.

Otherwise, notification shall be verbal or by telephone, and shall be confirmed in writing as soon as possible. No such removal, however, will reduce the Contractor’s obligation to perform all work required under this contract, and immediate replacement will be made as required. This requirement shall not be made the basis of any claim for compensation or damages against the United States or any of its officers or agents.

13. 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.

14. 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.

15. Receiving and Storing Materials – 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 materials or supplies for the Contractor and will not be responsible for damage to the Contractor’s equipment or materials.

Part 2 Products:

All products shall be new, unused and to the satisfaction of the Technical Point of Contact.

Products shall be approved by the Technical Point of Contact prior to installation.

1. Playground -

a. Shall be one continuous structure, once installed, unless approved by TPOC.

b. Shall have two single slides, at least 3’ no more than 6’ tall.

c. Shall have one double slide, at least 3’ no more than 5’ tall.

d. Shall have a maximum of five climbing structures, at least 3’ no more than 6’ tall.

e. Shall not have any fibrous netting or materials.

f. Shall have ground level play areas for ADA Accessibility.

g. Shall have a minimum child capacity of 35.

h. Structure shall be a minimum size 15ft by 28ft and maximum of 25ft by 40ft.

i. All plastic components shall have UV stabilized and rotationally molded plastic parts with at least 10-year warranty.

j. Shall be lead free.

k. Shall have galvanized powder-coated metal components.

l. All metal posts, hardware, decks, clamps, etc shall have at least 15-year warranty.

m. Shall be ASTM and CPSC safety certified.

n. Preferably in natural coloring, to blend into environment.

Part 3 Execution:

1. Installation –

a. Identify underground utility locations.

b. Layout all holes with appropriate use zone around all equipment. Optimize the layout for more direct ADA accessibility. Double check all layouts before digging holes. Ensure proper depth to ensure equipment is level.

c. Install the new playground equipment to the manufacturer’s specifications within the designated area.

d. Pour all concrete footings around posts in a neat and orderly manner. Efforts shall be undertaken to ensure that no concrete splatter mars posts. All splatter shall be cleaned immediately and effectively. Any marred or damaged posts shall be replaced. Footings for vertical posts shall be below the frost line, per manufacturer’s specifications, for safety and to deter movement during frost and flooding.

e. All installation shall be done per manufacturer’s recommendations.

f. All excavated soil, that will not be utilized, shall be disposed of offsite in accordance with all Federal, State, and local regulations.

SECTION F - DELIVERIES OR PERFORMANCE

The following Delivery Schedule item for CLIN 0001 has been changed from:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

120 dys. ANP 1 TOWNSHEND LAKE

VALERIE FRANKLIN

3845 VT ROUTE 30

TOWNSHEND VT 05353

978-318-8462 FOB: Destination

961604

To:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

240 dys. ANP 1 TOWNSHEND LAKE

VALERIE FRANKLIN

3845 VT ROUTE 30

TOWNSHEND VT 05353

978-318-8462 FOB: Destination

961604

SECTION I - CONTRACT CLAUSES

The following have been modified:

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 21 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 120 240 days from Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

(End of Summary of Changes)