Solicitation W912WJ25Q0010.pdf

SEE ADDENDUM

(No Collect Calls)

W912WJ25Q0010 25-Nov-2024

b. TELEPHONE NUMBER

978-318-8902

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 09 Dec 2024

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

ALICIA N LACROSSE

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

SEE SCHEDULE

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 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 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: 978-318-8159 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$9,500,000

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)

PAGE 2 OF49

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.

W912WJ25Q0010

Section SF 1449 - CONTINUATION SHEET

INSTRUCTIONS TO VENDORS

VENDORS SUBMITTING A QUOTE IN RESPONSE TO A SOLICITATION ARE RESPONSIBLE FOR

ADHERING TO ALL INSTRUCTIONS AND TERMS AND CONDITIONS INCLUDED IN THE

SOLICITATION. FAILURE TO DO SO MAY RESULT IN QUOTES BEING DEEMED NON-

RESPONSIVE

INFORMATION:

1. This is a Request for Quotations (RFQ) in accordance with Federal Acquisition Regulation (FAR) Parts 12 and 13.

2. Potential vendors are notified that the basis on which award will be made is price alone.

3. All responsible sources may submit a quote which, if timely received, must be considered by the Agency.

QUESTIONS REGARDING SOLICITATIONS:

1. Questions regarding the solicitation shall be directed to the Contract Specialist:

a. Name: Alicia LaCrosse

b. Phone: 978-318-8902

c. Email: Alicia.N.LaCrosse@usace.army.mil

2. Technical Points of Contact shall not provide responses to interested vendors.

QUOTE SUBMISSION:

1. Quotes shall be submitted via email to the Contract Specialist listed above no later than the closing date and time identified in the solicitation or subsequent amendments.

2. The Government is under no obligation to consider any quote received after the solicitation closing date or time.

BID SCHEDULES:

1. If a Bid Schedule is included in the solicitation, vendors shall complete the bid schedule in its entirety

(all tasks, all years).

2. Vendors shall enter $0.00 on Bid Schedules in which items are Not Separately Priced. Blank entries will not be considered and will result in quotes being deemed non-responsive.

3. Failure to complete the Bid Schedule in its entirety and return same with a quote will result in quotes being deemed non-responsive.

SITE VISITS:

1. If dates/times for site visits are included in the solicitation, then interested vendors will be permitted to visit the site during those dates/times. No other dates/times will be permitted for site visits.

2. If no dates/times for site visits are included in the solicitation, then interested vendors shall contact the

Technical Point of Contact as identified in the solicitation to schedule a site visit.

3. No site visits will be permitted AFTER a solicitation closes.

SYSTEM FOR AWARD MANAGEMENT (SAM) REGISTRATIONS:

1. In accordance with FAR Clause 52.204-7:

a. Vendors are REQUIRED to be registered in SAM when submitting a quotation and shall continue to be registered until time of award, during performance, and through final payment.

b. “Registered” in SAM means that the Government has marked the record “Active”.

2. The Government will deem quotes non-responsive from vendors that do not have an active SAM at the time of quote submission or by date/time of solicitation closing.

3. Provide Unique Entity Identifier (UEI): ___________________________

4. Provide CAGE code: ____________________________

SUBMITTALS:

1. Submittals (Accident Prevention Plan, Activity Hazard Analyses, Products, etc.) and

Certifications/Licenses (10-hour OSHA, 30-hour OSHA, Competent Person in Fall Protection, Electrician’s License, etc.) that are specified in the scope as required by this solicitation are not to be submitted with a quote. The awarded Contractor will be required to provide all submittals and certifications within the time stated in the solicitation and resultant contract. Failure to do so may result in termination.

SECURITY REQUIREMENTS

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

Suspicious Activity Reporting training (e.g. iWATCH, CorpsWatch, or See Something, Say Something): All contract personnel shall receive initial and annual refresher training from the RA representative on the local suspicious activity reporting program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job FFD Chemical Vegetation Control Services

FFP

Contractor shall furnish all labor, materials, equipment, and transportation to provide chemical vegetation control services to approximately 39.5 acres on dam structures at Franklin Falls Dam, Franklin, NH in accordance with the Performance Work Statement.

FOB: Destination

MILSTRIP: W13G8642904154

PURCHASE REQUEST NUMBER: W13G86429041540001

PSC CD: S208

NET AMT

0002 1 Job BWD Chemical Vegetation Control Services

FFP

Contractor shall provide all labor, materials, equipment, and transportation to provide chemical vegetation control services on approximately 5.88 acres on dam structures at Blackwater Dam, Webster, NH in accordance with the Performance Work Statement.

FOB: Destination

MILSTRIP: W13G8642904154

PURCHASE REQUEST NUMBER: W13G86429041540003

0003 1 Job Chemical Utilization Report

FFP

Contractor shall provide all labor, materials, equipment, and transportation to provide a chemical utilization report of all areas that received treatment at Franklin Falls Dam and Blackwater Dam in accordance with the Performance Work Statement.

FOB: Destination

MILSTRIP: W13G8642904154

PURCHASE REQUEST NUMBER: W13G86429041540002

PERFORMANCE WORK STATEMENT

CHEMICAL VEGETATION CONTROL SERVICES

U.S. ARMY CORPS OF ENGINEERS

FRANKLIN FALLS AND BLACKWATER DAMS

PERFORMANCE WORK STATEMENT

I. General:

1. Scope – Furnish all labor, materials, transportation, permits, and equipment necessary to perform chemical vegetation control services within the Franklin Falls Dam and Blackwater Dam, flood control project areas. The treatment areas require herbicide treatment to all vegetation, including but not limited to woody vegetation, invasive plant species, noxious weeds, and/or grasses within the areas marked “all vegetation to be sprayed” on Informational Maps 1, 2, 3, and 4 totaling approximately 45.38 acres.

The areas to be treated include but are not limited to rip-rap stone slope embankments, rock interfaces, roadway edges, concrete structures, inlets, dikes, and spillways around the Franklin Falls and Blackwater Dams. All work shall be completed in accordance with the following Performance Work Statement.

NOTE: This work requires the following submittals prior to commencement of work (Refer to Section II. Technical Requirements for a full list of submittals):

ENG Form 6293 (Accident Prevention Plan Worksheet) Activity Hazard Analysis; non-mandatory template available: ENG Form 6206

(Activity Hazard Analysis) ENG Form 6282 (Site Safety and Health Officer Designation Letter) First-Aid and CPR Personnel requirements

Permits: Completed, approved pesticide application permit package from the State of New Hampshire.

State of New Hampshire Authorized Commercial Applicator license(s).

Schedule of work.

Safety Data Sheets.

All Certifications and Licenses as determined by the Performance Work Statement.

2. Location(s) – The Franklin Falls Dam is located at 46 Granite Drive, Franklin, NH 03235.

The Blackwater Dam is located at 43 White Plains Road, Webster, NH 03303. Work sites are located within the Franklin Falls and Blackwater Dam Projects and in the towns of Franklin, New Hampton, Webster, and Salisbury, New Hampshire.

3. Site Visit – Contact the Technical Point of Contact (TPOC) to arrange a site visit. The TPOC for the project is Park Ranger, Cody Symonds (978-956-4143 or cody.j.symonds@usace.army.mil).

4. Schedule – The period of performance shall be from the Contract Award Date to 31 October 2025. The initial treatment shall be completed between 01 May and 15 August 2025. Work shall be performed Monday through Friday 7:00 AM to 3:30 PM unless otherwise approved by the TPOC. No work shall be done on weekends or Government holidays. The Pre-Work Conference shall be completed within 14 days of Contract Award.

All pre-work submittals shall be submitted within 21 days of State of New Hampshire Pesticide Application Permit approval*. The Government reserves up to 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 be resubmitted to the Government in an acceptable form within 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-work submittals.

*NOTE: The Contractor must submit the State of New Hampshire Pesticide Application Permit to the State of New Hampshire to allow enough time for review and approval, and to allow the Contractor to fully submit all submittals required (including the approved permit) to complete the initial treatment by August 15th, 2025.

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_Aug%202024%20 -%20FINAL.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_Sep%202024%20- %20FINAL.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_Site%20Safety%2 0&%20Health%20Officer%20(SSHO)%20Designation%20Letter_2024%2009%2013%2 0-%20Final.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 or Qualified Persons may be required per EM 385-1-1 and/or other sections of this Performance Work Statement, 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 TPOC in accordance with EM 385-1-1, Table 2-1.

The mandatory ENG Form 3394 shall be completed and submitted to the TPOC 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 TPOC by close of business on the 10th calendar day of the following month.

6. Flooding – The Franklin Falls Dam and Blackwater Dam are primarily flood risk management projects. Occasional retention of floodwaters may inundate portions of each dam’s property or access roads in the areas covered by this contract. The TPOC will notify the Contractor as areas are closed because of floodwaters. When flooding ends and waters recede, the TPOC will notify the Contractor as areas reopen and services may resume.

7. Pre-Work Conference – Prior to the start of any work, the TPOC will schedule and conduct a “Pre-Work Conference”. The Contractor’s Project Manager and Quality Control Personnel shall be physically present at this meeting. The Contractor shall directly oversee all work on the project and the Project Manager and Quality Control Personnel shall have the authority to act on behalf of the Contractor. 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 TPOC 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 and Quality Assurance Inspectors.

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

iii. Accident Prevention Plan and Activity Hazard Analysis

iv. Safety Meetings (Documented on NED Form 251)

v. Accident Reporting (ENG Form 3394)

vi. Safety Data Sheet (SDS) requirements

vii. Contractor’s Equipment

viii. Correspondence, Communication, Security and Administrative Procedures.

ix. Invoice and payment.

8. 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.

9. Security – The Contractor will comply with all established security policies at the Franklin Falls and Blackwater Dam Projects. 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.

10. Payment – The Contractor shall furnish the TPOC with one invoice after all work has been completed. The invoice shall include the invoice date, contract number, dates of service, description of work, quantities, labor hours, 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. Payment shall be made monthly for the actual services performed at the applicable contract unit price.

All invoices may be mailed to:

U.S. Army Corps of Engineers Franklin Falls Dam

Attn: Cody Symonds 46 Granite Drive Franklin, NH 03235

Or emailed to: cody.j.symonds@usace.army.mil

II. Technical Requirements:

Part 1 General:

1. Summary – Furnish all labor, materials, transportation, permits, and equipment necessary to perform chemical vegetation control within the Franklin Falls Dam and Blackwater Dam, flood control project areas. The treatment areas require herbicide treatment to all vegetation, including but not limited to woody vegetation, invasive plant species, noxious weeds, and/or grasses within the areas marked “all vegetation to be sprayed” on Informational Maps 1, 2, 3, and 4 totaling approximately 45.38 acres.

The areas to be treated include but are not limited to rip-rap stone slope embankments, rock interfaces, roadway edges, concrete structures, inlets, dikes, and spillways around the Franklin Falls and Blackwater Dams.

Vehicle access is generally available from various service roads or dam crest roads granting access to the upper and lower areas along the embankments, however this is not true in each location. The 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.

PLEASE NOTE: The entire treatment area(s) is not drivable. Some areas may still need to be walked after driving to them.

2. Submittals – Although the Government reviews submissions required by this Performance

Work Statement, it is emphasized that the Contractor’s work must be completed using proper internal controls and review procedures. The Government reserves up to 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 an acceptable form within 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 must be accepted by the Government.

a. Pre-Work Submittals: Submitted within 21 days of State of New Hampshire Pesticide

Application Permit approval*. Submittals must be accepted prior to the commencement of any field work.

ENG Form 6293 (Accident Prevention Plan Worksheet) Activity Hazard Analysis; non-mandatory template available: ENG Form 6206

(Activity Hazard Analysis) ENG Form 6282 (Site Safety and Health Officer Designation Letter) First-Aid and CPR Personnel requirements Permits: Completed, approved pesticide application permit package from the State of New Hampshire.

State of New Hampshire Authorized Commercial Applicator license(s).

Schedule of work.

Safety Data Sheets.

All Certifications and Licenses as determined by the Performance Work Statement.

b. Other Submittals:

Chemical Utilization Report: For all chemicals and/or products used on-site.

*NOTE: The Contractor must submit the State of New Hampshire Pesticide Application Permit to the State of New Hampshire to allow enough time for review and approval, and to allow the Contractor to fully submit all submittals required (including the approved permit) to complete the initial treatment by August 15th, 2025.

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

a. U.S. Army Corps of Engineers

i. EM-385-1-1 2024 Safety and Occupational Health Requirements, U.S. Army Engineering Manual.

b. Code of Federal Regulations

i. Title 36 – Parks, Forests, and Public Property; Chapter III, Part 327 – Corps of

Engineers, Department of the Army.

c. Other appropriate Federal, State, and local codes.

4. 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.

5. Preferred Sequence for Work Schedules – The Contractor must provide sufficient personnel, equipment, and materials to accomplish the services stated in the contract. The Contractor will coordinate a work schedule for each service and approximate times for beginning and ending each required service listed with the TPOC. Any proposed changes to an approved schedule must be submitted in writing, coordinated, and approved by the TPOC in advance of actual schedule changes.

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 TPOC. 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 when working onsite. Water, air, and land resources shall not be adversely impacted during the course of the work. The Contractor will take necessary steps to ensure all Federal, State, and local environmental regulatory requirements are met at no additional cost to the Government. Assurance of compliance with this section by subcontractors shall be the responsibility of the Contractor.

8. 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.

9. Government Resources – The Contractor shall supply his own means of communication (telephone). There is not a restroom available at the contract sites, and there is no access to potable water at the contract sites. The Contractor would have to provide these resources or have an acceptable alternative plan for these resources. The Government will provide access to a hose bib/spigot for the Contractor to use for filling their chemical tanks for work to be done on Government Property.

10. 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 TPOC 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 TPOC 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 TPOC, and shrubs and flowers which are damaged or destroyed shall be replaced from nursery stock of like size and kind.

11. Contractor’s Qualifications –

a. Experience:

i. The Contractor shall be able to demonstrate at least 3 years’ experience with chemical herbicide treatments.

b. License and/or Certifications:

i. All work shall be performed by Qualified Personnel.

ii. The Contractor shall have the appropriate current license issued by the State of New Hampshire for the work required and shall obtain and comply with any other necessary licenses or permits prior to beginning any work.

iii. The Contractor shall provide documentation of the appropriate licenses and certifications to the TPOC.

12. Contractor’s Personnel –

a. Minimum Personnel Requirements - The Contractor shall provide an adequate number of fully qualified personnel to perform the specified service 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.

Note: At least one (1) of the Contractor employees on site shall be able to communicate effectively and efficiently with project staff.

b. Employee Conduct - The Contractor shall be responsible for seeing that the Contractor’s employees strictly comply with 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 TPOC may require the Contractor to immediately remove from the work site any employee of the Contractor or subcontractor, who, in the opinion of the TPOC, 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. 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.

14. Inspections-

a. Contractor Quality Control - The Contractor is responsible for establishing and maintaining an adequate quality control system to satisfactorily inspect and ensure that all work performed by the Contractor’s organization in each separate service is in full compliance with this contract and the instructions, provisions, specifications, drawings, and maps herein.

b. General Inspection - Upon the completion of each service requirement, the Contractor will perform an inspection of all areas under this contract to ensure compliance with the Performance Work Statement. The Contractor or their representative must be able to commit personnel, equipment, and resources to correct deficiencies. A Government representative may accompany the Contractor on an inspection of completed work and will identify any contract deficiencies. Any deficiencies noted will be corrected within original contract time frames or appropriate deductions in payment will be made.

c. Equipment/Supplies Inspections - The TPOC may inspect required equipment and supplies at any time when in use on Government property. Any equipment found deficient shall be removed from service immediately until faulty conditions have been corrected and passed by the TPOC. No such removal will reduce the Contractor’s obligation to perform all work required within the time scheduled under this contract.

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.

d. Government Inspections - The Government will monitor the Contractor’s service performance. Any work that does not comply with the requirements and is not corrected by the Contractor may result in deductions in payment.

15. Receiving and Storing Materials –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.

16. 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.

Part 2 Equipment:

1. Condition of Equipment– All equipment used to perform work under this contract must be in good operating and mechanical condition and comply with EM 385-1-1, Army Corps of Engineers Safety and Occupational Health Requirements. A regular schedule of preventive maintenance must be followed on all equipment. All vehicles utilized under this contract will be presentable, serviceable, and shall comply with safety standards.

2. Type(s) of Equipment-

a. The Contractor shall provide the appropriate equipment and tools of the trade to execute the requirements of the Performance Work Statement.

b. Type of equipment for this work may include, but not be limited to:

i. Sprayers, foggers, and augers.

ii. Chemical tanks, pumps, and mixing supplies.

iii. Vehicles and all-terrain equipment.

iv. Other equipment related to chemical vegetation treatment as determined by the service requirements of this Performance Work Statement.

NOTE: Transportation and fuel costs to and from the project location shall be included in the quoted amount for each location and service.

NOTE: No heavy equipment or machinery will be allowed to drive across the rip-rap slope of the dams, dikes, canal, or weirs unless approved in writing by the TPOC.

NOTE: The work outlined in this Performance Work Statement may consist of treatment areas that DO NOT allow access for full-sized vehicles and treatment equipment. The treatment areas are typically steep rock armored slopes that may not be accessible by normal vehicles or all-terrain vehicles.

3. Equipment Storage – No Government space or facilities shall be provided under this contract.

Part 3 Materials and Supplies:

1. Provided by Government:

a. Access to a hose bib/spigot for the Contractor’s mixing tanks will be provided by the Government.

2. Provided by Contractor:

a. All herbicides and/or chemicals for the Chemical Vegetation Control

i. All chemicals are to be applied in accordance with the manufacturer’s recommendations and in accordance with the State requirements. All applications will be in strict compliance with applicable Federal and State laws and regulations and any USACE policies in a manner that protects human safety and the environment.

b. The Contractor shall submit one copy of the manufacturer’s Safety Data Sheet for each chemical proposed for use on Government property to the TPOC for acceptance.

c. An official chemical tally sheet shall be provided to the TPOC with actual amounts, chemical(s) used, and areas treated.

Part 4 Service Requirements:

1. General: Furnish all labor, materials, transportation, permits, and equipment necessary to perform chemical vegetation control within the Franklin Falls Dam and Blackwater Dam, flood control project areas. The treatment areas require herbicide treatment to all vegetation, including but not limited to woody vegetation, invasive plant species, noxious weeds, and/or grasses within the areas marked “all vegetation to be sprayed” on Informational Maps 1, 2, 3, and 4 totaling approximately 45.38 acres.

The areas to be treated include but are not limited to rip-rap stone slope embankments, rock interfaces, roadway edges, concrete structures, inlets, dikes, and spillways around the Franklin Falls and Blackwater Dams.

Vehicle access is generally available from various service roads or dam crest roads granting access to the upper and lower areas along the embankments, however this is not true in each location. The 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.

2. Service Definition:

a. One service is defined as a single completion of all requirements for each task as described in Section 3, Service Tasks below.

b. The Contractor shall only be paid for work fully completed. If a partial service is rendered, payment will be adjusted according to percent of area completed. Partial service is defined as completing anything other than all tasks for designated locations as identified in Part 5, Service Location(s), and Task Requirements.

3. Service Tasks:

a. General Chemical Vegetation Control:

i. A minimum of two (2) days prior to the start of spraying, the Contractor shall post informational flyers at each of the service locations to notify the public of the herbicide spraying. At a minimum, the informational flyer shall state the dates of spraying, type of chemical being sprayed, any potential side effects for humans or animals, and the Contractor’s contact information.

ii. The Contractor must follow all manufacturer’s recommendations and permit requirements.

iii. The Contractor shall chemically treat the specified areas with State approved chemicals using State approved application methods.

iv. While applying chemicals, the Contractor shall take all precautions necessary for the protection of all persons, property, water resources, and natural resources, and will be held liable for any damages resulting from careless application of chemicals.

Water shall not be drawn from the river or stream for mixing the chemical used for application. Instead, the Contractor may use a specified hose bib/spigot at the office locations. The TPOC shall indicate which spigot(s) are available for use.

Excess mixed chemicals shall not be discarded on the property, and at no time shall equipment or materials that have had contact with the chemical be rinsed in a river or stream.

v. All chemicals shall be applied in accordance with the State of New Hampshire’s Rule PES 500 “Restrictions on the Application of Pesticides by Commercial Applicators and Permittees”.

vi. No aerial applications shall be permitted.

vii. Chemicals should not be applied during the following periods unless following the manufacturer’s guidelines and in accordance with the state permit and approval from the TPOC:

Twelve (12) hours before rain is predicted to occur.

During any showers or rainstorms.

During a twelve (12) hour period following a rainstorm.

When wind velocity exceeds five (5) miles per hour.

On Saturdays, Sundays, or Government Holidays.

viii. Forty-five (45) calendar days after completion of the herbicide application, the TPOC shall inspect the treated areas. If the herbicide application has less than a 90% kill rate, then the Contractor will be required to retreat the deficient areas within 30 days, at no additional expense to the Government.

ix. The Contractor shall inform the TPOC when each of the service areas has been treated and considered to be “completed” by the Contractor so the 45 days can begin for that service area.

b. Treatment Area(s) Chemical Vegetation Control:

i. The treatment areas require herbicide treatment to all vegetation within the designated area(s); including but not limited to woody vegetation, invasive plant species, noxious weeds, and/or grasses within the areas marked “all vegetation to be sprayed” on the Informational Maps.

ii. Treatment areas for the Franklin Falls Dam are shown on Informational Maps 1 and 2, totaling approximately 39.5 acres.

iii. Treatment areas for the Blackwater Dam are shown on Informational Maps 3 and 4, totaling approximately 5.88 acres.

c. Chemical Utilization Report:

i. At a minimum, the utilization report shall include the following information:

Hours worked by location Chemicals used by location Amount of each chemical applied by location and acres treated.

Part 5 Service Location(s) and Task Requirements: The service acreage areas included are approximate.

NOTE: The treatment areas are typically steep slopes and / or steep rock armored slopes that may not be accessible by normal full-sized vehicles or all-terrain vehicles. The Contractor shall consult with the TPOC to determine which areas may require alternative equipment to complete the service requirements. All areas that are typically locked or behind a gate will be accessible.

The TPOC will be responsible for providing access to the Contractor during pre-coordinated workdays.

1. ITEM NO. 1 – Treatment Area(s) - Franklin Falls Dam Structures

a. Access: The service area(s) can be accessed from 46 Granite Drive, Franklin, NH located at: 43.469129°, -71.659081°.

b. Site Information: The following structures shall be included in the service area(s):

Franklin Falls Dam, Spillway Area, Outflow Weir, and the Inlet Structure.

i. The Contractor shall provide their own access/egress equipment for the Foot Access areas designated on Informational Map 2 (Franklin Falls Dam Spillway). The area is designated in a pink colored area. The concrete spillway weir is the primary access to this area. See Informational Photo 1 for a reference view of the Franklin Falls Dam area to include the spillway weir at the Franklin Falls location.

ii. The service area(s) for these structures is approximately 39.5 acres and is shown on Informational Maps 1 and 2.

c. Required Tasks:

i. General Chemical Vegetation Control

ii. Treatment Area(s) Chemical Vegetation Control

2. ITEM NO. 2 – Treatment Area(s) - Blackwater Dam Structures

a. Access: The service area(s) can be accessed from 43 White Plains Road, Webster, NH located at: 43.314503°, -71.723417°.

i. Little Hill Dike is located approximately 5 miles from the Blackwater Dam off of

Little Hill Road at the following coordinates: 43.342015°, -71.767056°.

b. Site Information: The following structures shall be included in the service area(s):

Blackwater Dam, Spillway Area, Outflow, Inlet Structure, Designated Rip Rap, and Little Hill Dike.

i. The Contractor shall provide their own access/egress equipment for the Foot Access areas designated on Informational Map 3 (Blackwater Dam Spillway). The area is designated in a pink/purple colored area. The concrete spillway weir is the primary access to this area.

ii. The service area(s) for Blackwater Dam, Spillway Area, Outflow, Inlet Structure, and Designated Rip Rap is approximately 4.0 acres and is shown on Informational Map 3.

iii. The service area(s) for Little Hill Dike is approximately 1.88 acres and is shown on Informational Map 4.

c. Required Tasks:

i. General Chemical Vegetation Control

ii. Treatment Area(s) Chemical Vegetation Control

3. ITEM NO. 3 - Chemical Utilization Report

a. Required Tasks:

i. The chemical utilization report shall be submitted for all areas that received treatment (ITEM NO.’s 1 and 2) to the Franklin Falls Dam Project Office, 46 Granite Drive, Franklin, NH, or emailed to the TPOC.

ATTACHMENTS

PLEASE SEE ATTACHMENTS INCLUDED SEPARATELY FOR ADDITIONAL INFORMATION.

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 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment

NOV 2021

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

SEP 2023

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

NOV 2023

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2024 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

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

JUN 2020

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.237-1 Site Visit APR 1984 52.242-15 Stop-Work Order AUG 1989 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

MAY 2024

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

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

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

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 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 Products or Commercial

Services

NOV 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) 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”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] 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.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered…