2018_Mine_IDIQ_DraftSOW_060118.docx

R6 & R10 Mine Reclamation Services IDIQ

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

AGAR 452.216-73 Minimum and Maximum Contract Amounts (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $2,500, but not in excess of $7,000,000 (cumulative).

The labor categories below are intended to provide a format for offering unit prices.

· The following list is not intended to be all inclusive.

· Prices for services not included in the proposal but required for a particular task order will be negotiated prior to issuance of a task order.

· All hourly labor rates are to be fully loaded, inclusive of direct costs, indirect costs, overhead or GA, profit, and incidental materials costs

PART I—THE SCHEDULE

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

I. SUMMARY OF NEED:

The scope of this solicitation covers A/E services for an array of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) response actions at abandoned mine sites located on National Forest System Lands in Region 6 and 10. These sites are known or suspected to contain mine waste and hazardous substances that are or may be putting human health and/or the environment at risk.

The required tasks at abandoned mine sites may include some or all the following phases:

· Abbreviated Preliminary Assessment

· Site Inspection/Risk Assessment

· Engineering Evaluation and Cost Analysis

· Removal Design

· Engineering Services during Time-Critical or Non-Time-Critical Removal Action

· Post-Removal Operations, Maintenance, and Monitoring CERCLA activities associated with abandoned mines are generally addressed through the National Oil and Hazardous Substances Pollution Contingency Plan (National Contingency Plan (NCP)), 40 CFR 300.

As requirements develop, Task Order Pricing Request (TOPR) will be issued.

II. GENERAL CONTRACT REQUIREMENTS:

A. Invoices

i. Invoices for work completed will be submitted via the Invoice Processing Platform (IPP).

ii. A short narrative will be provided describing the work completed and any changes in conditions, data gaps encountered and proposed means of correcting that may affect the Contract schedule or costs.

iii. Invoices will include a budget update with the original award amount, amount invoiced, and amount remaining.

B. Compliance with Regulations

1. Contractor(s) shall comply with all applicable federal, state, interstate, and local laws, environmental regulations, and requirements including, but not limited to:

a. Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

b. National Contingency Plan (NCP)

c. National Historic Preservation Act (NHPA)

d. Transport, storage and disposal provisions of Resource Conservation and Recovery Act (RCRA)

e. Hazardous Materials Transportation Act (HMTA)

f. Clean Water Act (CWA)

g. Safe Drinking Water Act (SDWA)

h. Applicable or Relevant and Appropriate Requirements (ARARs) for federal, state, or local laws and regulations as related to a specific project location

i. Environmental Protection Agency (EPA) guidelines

j. United States Department of Agriculture (USDA) Forest Service (FS) guidelines, and modifications to EPA guidelines

k. Oregon, Washington, and Alaska State environmental and human health regulations. NOTE: Instances where Region 6 Forests cross into California or Idaho, those regulations may also be applied. For example Rogue River – Siskiyou NF.

2. All work submitted and performed by the Contractor may be subject to review and concurrence or approval by EPA and/or the appropriate state regulatory agency.

Therefore:

a. It is the Contractor’s responsibility to determine which guidance materials are current and applicable from EPA, state regulatory agencies, and tribal governments, and to follow FS variances as described in this Section.

b. The Contractor shall submit reports to the FS electronically, unless the Contracting Officer (CO) approves other arrangements. The FS will submit the Contractor’s (deliverables) reports to the appropriate regulatory agencies.

c. The Contractor shall coordinate all other interaction with internal, external or regulatory agencies through the On-Scene Coordinator (OSC), such as contacts from agencies discussing work being performed.

3. The Contractor is required to maintain and submit evidence of liability, property damage, and other insurance at or above minimum limits established by law, and in accordance with industry standards for the types of work being conducted.

4. The Contractor shall, without additional expense to the Government, be responsible for:

a. Obtaining any necessary licenses and permits.

b. Complying with any applicable federal, state and local laws, codes, and regulations in connection with the execution of the work.

c. When applicable, certifying that hazardous substances are sent to licensed, permitted, and approved disposal sites.

d. Contractor shall obtain, as necessary, the required temporary EPA Identification Number for site cleanup activities.

C. Health and Safety Requirements

1. All personnel participating in site activities shall be in compliance with:

a. All of 29 CFR 1910, with emphasis on 29 CFR 1910.120.

b. All of 29 CFR 1926, with emphasis on 29 CFR 1926.65.

c. 40-Hour HAZWOPER certification shall be current.

d. In the event of a nearby major forest fire the Contractor will evacuate the site on the orders of the OSC/COR, FS fire officials, or state fire officials. As part of the Fire Requirements, the Contractor will be aware of the location of its employees, along with acceptable means of communications in case of emergency.

2. Project specific Health and Safety Plans (HASP) are to be submitted to the OSC in electronic format for review a minimum of 14 days prior to performing any field work. The HASP shall comply with all of 29 CFR 1910, with emphasis on 29 CFR 1910.120.

D. Safety

1. The FS OSC/COR must be notified immediately when the Contractor discovers new significant safety hazards or believes an imminent danger exists, and that the general public or forest workers may come into direct contact with hazardous substances or conditions, such as dangerous gases or abandoned explosives.

2. Notice must be submitted to the FS no later than one day after discovery of other new safety hazards, such as an open shaft not previously identified.

E. Laboratory Qualifications and Requirements

1. All laboratories shall be EPA certified to perform the required analytical methods.

2. All laboratories shall perform Quality Assurance/Quality Control (QA/QC), in accordance with EPA guidelines.

F. Noxious Weeds

1. To prevent the spread of noxious weeds, all heavy equipment shall be water pressure cleaned prior to mobilization to remove all dirt that may harbor weed seeds.

2. The transporter for the heavy equipment may have to be water pressure cleaned to the same degree as mentioned above.

3. The Contractor shall:

a. Give FS officials 48 hrs notice prior to equipment mobilization so that FS officials may be present when the equipment arrives at an agreed upon location.

b. Allow FS officials to make inspections of the equipment prior to unloading.

c. Remove any and all equipment that fails inspection, at the sole cost of the Contractor.

G. Investigation-Derived Waste

1. The Contractor shall be responsible for handling, packaging, transporting, and disposing of all investigation-derived wastes, except as noted in Item 2 below, in accordance with Federal and state regulations.

2. The Contractor may be instructed in the Task Order Pricing Request (TOPR) as to how to handle all investigation-derived waste from drilling operations or excavations at the Site.

H. Proof of Certification/Training

1. Proof of required certification or training for working on any Site may be requested by the CO or COR, of any Contractor employee or subcontractors.

III. COMMON TECHNICAL SPECIFICATIONS

A. General specifications

1. The following specifications outline what is common to all projects required in each of the activity areas. Detailed instructions may be provided when the individual site-specific task orders are issued.

a. The Contractor shall:

i. Utilize the most applicable and current regulations and guidance documents when conducting work.

ii. Continually look for and implement ways to streamline activities and minimize costs without compromising quality.

iii. Assign work to personnel at the appropriate professional and/or technical levels and with the appropriate skills and experiences with abandoned mines to most efficiently perform the tasks. Personnel working in Alaska must meet Alaska Department of Environmental Conservation “Environmental Professional” requirements.

iv. Verify site conditions prior to submitting a proposal.

B. Work Plans

1. A Work Plan is required for review and approval, within 30 days of award of a project.

2. A Sampling and Analysis Plan (SAP) is required, as appendices to the Work Plan, for all field activities.

3. Quality Assurance/Quality Control (QA/QC) procedures for sampling and data verification are required in the Work Plans.

C. Quality Assurance/Quality Control (QA/QC) Requirements

1. The Contractor must perform all work according to the QA/QC and SAP program that was approved by the FS.

2. It is the responsibility of the Contractor to check for typographical or grammatical errors and cross check data tables with text and figures to ensure all data are properly displayed in documents.

D. Government Responsibilities

1. The FS will provide the Contractor with the following:

a. Site Information - All previous site-related documents and any other pertinent data, as applicable to the project. FS will identify any known obstacles in the TOPR. However, it is still the Contractor’s responsibility to verify site conditions prior to submitting a proposal.

b. Draft Review - Review and comment on draft documents, according to the terms outlined in this Section, within 30 calendar days of delivery.

c. Final Review - Review of all final documents for acceptance, within 10 calendar days of delivery.

IV. Activities and Tasks A. Activity I – Site Assessment/Characterization

1. Task 1 – Abbreviated Preliminary Assessment (APA)

a. The Contractor shall conduct all APAs in accordance with the latest editions of the following:

i. CERCLA

ii. SARA

iii. NCP, as outlined in 40 CFR Parts 300.410 Removal Site Evaluation (c)(1)(i-v) and 40 CRR Parts 300.415 Removal Action (b)(2)(i-viii)

iv. EPA “Improving Site Assessment: Abbreviated Preliminary Assessment”

b. The Forest Service has developed a specific format and style for these reports and has modified EPA’s APA Checklist.

2. Task 2 – Site Inspections (SI)

a. Guidelines and Regulations – latest editions

i. EPA “Guidance for Performing Site Inspections Under CERCLA”

ii. EPA “Sampling QA/QC Plan and Data Validation Procedures”

iii. EPA “Requirements for Quality assurance Project Plans”

iv. CERCLA

v. SARA

vi. NCP as outlined in 40 CFR Parts 300.410 Removal Site Evaluation, (c)(i-iv) and 300.415 Removal Action, (b)(2)(i-viii).

vii. Other guidelines, such as NOAA, Oak Ridge National Laboratories, EPA, state screening values, Risk Management Criteria for Metals at BLM Mining Sites, etc. as appropriate.

viii. The more stringent regulations will be utilized per Executive Order (EO) 12580, as amended by EO 13016.

b. Work Plan – in addition to the above requirements:

i. The Contractor will research and present complete historical information as to the extent and layout the mine site and developed improvements, any milling activities or other extraction methods utilized, and a chronological presentation as to activities that took place on the Site by date. Site reconnaissance will utilize this information to provide a complete characterization.

ii. The sampling program is to be sufficient so as to cover ALL of the various state and federal regulations/requirements in order to quantify a release or threat of a release to the environment and potential impacts on human health.

iii. The majority of these sites have potential impacts to both the terrestrial and aquatic habitat. As such, emphases in the sampling program should be directed to collecting appropriate data in order for risk assessors to make a final determination as to any impacts and calculate a site specific cleanup level. Sufficient background samples should be collected to determine the upper confidence level (UCL) on the mean (90% UCL for Oregon, 90% UCL for Washington, and 95% for Alaska).

c. Ecological and Human Health risk assessments are required as part of SIs. See Task 5 for guidelines/requirements.

d. Refer to Attachments 1, 1a, and 1b for approved format sample requirements of the SI document and associated tables.

3. Task 3 – Watershed Analysis

a. Required to assess metal loading and aquatic ecological impacts within the watershed.

b. Prioritizing the tributaries within that watershed based upon metal loading and impacts with consideration for seasonal variation.

c. Follow the same protocol as the requirements for SIs in Task 2.

4. Task 4 – Natural Resource Damage Assessment (NRDA)

a. This will follow the same protocol as discussed for SIs in Task 2.

5. Task 5 – Streamlined Human Health and Ecological Risk Assessment and Evaluation

a. Guidelines and Regulations:

i. EPA Risk Assessment Guidance for Superfund, Volume 1: Human Health Evaluation manual (Part B, Development of Risk-Based Preliminary Remediation Goals)

ii. EPA “Framework for Ecological Risk Assessment.

iii. EPA “Ecological Risk Assessment Guidance for Superfund: Process for Designing and Conducting Ecological Risk Assessments”

iv. EPA “Guidelines for Ecological Risk Assessment”

v. EPA “Screening Level Ecological Risk assessment Protocol for Hazardous Waste Combustion Facilities. Solid Waste and Emergency Response.”

vi. EPA “Risk Assessment Guidance for Superfund Volume II - Environmental Evaluation Manual”

vii. EPA “Supplemental Ecological Risk Assessment Guidance for Superfund”

viii. State ecological and human risk assessment regulations and guidelines

b. Refer to Attachment 2 for sample format.

B. Activity II – Removal Action/Implementation Support

1. Task 1 – Community Relations Plan (CRP)

a. This task includes work efforts related to the preparation and/or implementation of the CRP for a site. When attending public meetings, open houses, community interviews, all Contractor employees must identify themselves as employees of a FS Contractor.

b. Work activities under this task include, but are not limited to:

i. Conduct community interviews. FS personnel should be present at interviews.

ii. Prepare CRP in accordance with approved format sample located in Attachment 3.

iii. Provide public meeting, public hearing, and/or open house support.

iv. Prepare fact sheets and presentation materials.

v. Publish Public Notices in local newspapers serving the site community.

vi. Maintenance of public information repositories.

vii. Develop and update site mailing list.

c. Refer to Attachment 3 for sample format

2. Task 2 – Engineering Evaluation/Cost Analysis (EE/CA)

a. Guidelines and Regulations

i. (CERCLA)

ii. (SARA)

iii. (NHPA)

iv. All subsections of NCP 40 CFR 300.415 Removal Action and particularly to (b)(1), (b)(2)(i-viii), and (b)(4), et. el.

v. EPA “Guidance on Conducting Non-Time-Critical Removal Actions Under CERCLA”

b. The FS has modified some of the above general requirements to meet FS needs. Refer to Attachment 4 for suggested document table formatting.

c. Unless otherwise stated in the TOPR, the USFS OnScene Coordinator (OSC) will contact the state regulatory agencies to obtain a list of Applicable or Relevant and Appropriate Requirements (ARARs). This list will be provided to the contractor. If the state declines to provide such a list, the contractor will be responsible for developing a list of recommended ARARs and submitting it to the USFS for review and approval by the OSC.

i. Should the state fail to provide a list of ARARs - the USFS will provide example ARAR tables to the contractor upon request. However, the contractor must evaluate the example list for applicability to the project. Due to individual site circumstances and changing regulations, the list may be incomplete or overly inclusive.

ii. From the overall list of ARARs - identify key ARARs which will be specifically evaluated in alternative analysis.

iii. The Contractor is responsible for determining which regulations are applicable, relevant and appropriate, or to be considered.

d. The Contractor must demonstrate how alternatives were developed.

i. Develop removal action goals that reflect the need to meet ARARs to the extent practicable.

ii. List all viable options considered. Refer to Attachment 4c for table sample layout.

iii. Alternatives are to be developed by staff with experience in removal actions and cost estimating.

1) Described in sufficient detail and presented in logical order so that the reader has a thorough understanding as to what the alternative will accomplish towards meeting removal action goals. Consider partners and public members may review the document without technical background.

2) Developed in sufficient detail to allow for cost estimating by an outside party, if needed.

3) Design drawings are not required; conceptual drawings are sufficient. These conceptual drawings shall provide sufficient information to clarify volumes, distances, areas of impact, and other relevant features.

e. Analysis of selected alternatives will be compared against the criteria in NCP 40 CFR 300.415 Removal Actions (b)(2)(i-viii) and displayed as shown in the sample table located in Attachment 4c.

f. Comparative analysis will be completed as demonstrated in the sample table located in Attachment 4d.

i. This is a variance from EPA Guidelines and required by the FS.

ii. The following are required to determine the preferred alternative.

1) The attribute for each criteria as required in 300.415(b)(2)(i-viii) for each alternative will be developed.

2) The advantage of each alternative will be clearly displayed and assessed against the removal action goal of meeting ARARs to the extent practicable.

3) Cost is not necessarily the paramount reason for selecting an alternative.

g. Data Gaps

i. Contractor will identify data gaps and any additional information required.

h. Public Assistance

i. The Contractor may be requested to be available during Public Meetings, FS meetings, and to assist on any Public Comments received during the 30-day Public Comment Period.

3. Task 3 – Removal Design (RD) B. Regulatory Requirements

i. The Contractor shall develop the RD in accordance with the latest edition:

1) CERCLA

2) SARA

3) NCP 40 CFR 300.415 Removal Action – The FS is implementing either:

(1) a non-time-critical removal action in compliance with 40 CFR 300.415(b)(2), (b)(4), and (c).

(2) a time-critical removal action in compliance with 40 CFR 300.415(b)(2) and (b)(3).

ii. Prepare plans for a practical and effective system, which will meet or exceed the objectives of the removal action (RA) as described in the EE/CA.

C. Removal Design –Requirements

i. The Removal Design is not proprietary and will become the property of the Forest Service. The Contractor is instructed not to stamp the designs as proprietary, as they will not be accepted with such reservations.

ii. The RD will be submitted for review by the FS in three stages, unless specified otherwise in the TOPR:

1) Preliminary RD – Submitted at 50% completion at which time the technical requirements of the project have been addressed and outlined. This stage includes:

(A) Design plans

(B) Preliminary Cost estimates

(C) Preliminary Project schedule

2) Intermediate RD – Submitted at 75% completion. This should include the eight components discussed below.

3) Final RD – Submitted at the 100% completion. Everything should be ready to go to the RA Contractor.

iii. The complete RD will be comprised of four (4) distinct components. Detailed requirements for these four components can be found in Section IV B 3 d, below.

1) Design plans & Specifications

2) Cost estimates

3) Project schedule

4) Operations, Maintenance, and Monitoring Plan (OM&M)

iv. All design stages will be fully supported by data and documentation (e.g., additional field investigations, treatability studies, design calculations, assumptions, etc.) that reflect at least the same level of completion as the design stage they support.

v. Submit Preliminary and Intermediate RDs in draft form only.

(1) Written comments will be provided within ten (10) working days on the Preliminary and Intermediate RD draft submittals,

(2) The Contractor will incorporate the comments and submit a final in draft form.

vi. Upon review and comments on the draft final, the Contractor shall submit a Final within ten (10) working days.

vii. A transmittal letter shall be submitted with the RD indicating the date that comments are due. If at the end of the comment period, FS comments have not been received, the Contractor shall contact the FS prior to finalizing the RD.

viii. The Contractor’s proposed RD will, to the extent possible, follow procedures and methods documented in the EE/CA and Action Memorandum, as applicable.

ix. Site-specific aspects of the Contractor’s proposed RD will be detailed, and any deviations from the existing Action Memorandum or ARARs will be highlighted.

· Note: This is a generic specification and not everything outlined below will necessarily be applicable for every project encountered. It is the responsibility of the Contractor to determine the applicable requirements for each project and to address these requirements in the proposal.

D. Required Removal Design (RD) Components – Detailed Requirements (see IV B 3 c iii, above)

i. Removal Design Plans & Specifications

1) The Contractor will develop clear and comprehensive design plans and specifications, which will include but are not limited to:

a) Discussion of design strategy and design basis.

(1) Compliance with requirements established in the EE/CA, Action Memo, state, and federal regulations.

(2) Minimization of environmental and public impacts.

b) Discussion of important technical factors.

(1) Accepted environmental control measures and removal technologies.

(2) Supporting background data/information and results from any treatability studies, when applicable, to the selected alternative.

c) Description of assumptions and their justification.

d) Discussion of possible source of error and reference to possible O&M problems.

e) Detailed engineering drawings and specifications.

(1) Clear plan and profile sections

(2) Survey data, such as control bench marks and their locations, etc.

(3) QA/QC for material brought on-site, compaction, etc.

(4) Submittal of manufacturer’s specifications, etc., if required.

(5) Tables listing equipment and specifications (not removal implementation equipment), if applicable.

f) Tables detailing materials (type, gradation, size, durability, quantity, etc.).

g) Appendices including:

(1) Data/results of laboratory or field studies

ii. Cost Estimates –

1) Develop a detailed cost estimate for implementation of the selected RA.

a) All work items will be broken down into labor and material costs.

b) Costs will reflect safety equipment and/or required personal protective equipment to be worn by site workers.

2) Develop RA lifecycle cost estimates for planning and budgeting.

a) Cost estimates will be broken down by fiscal year for the various development costs, implementation costs, OM&M costs, and long-term monitoring costs for the selected alternative.

iii. Project Schedule –

1) Develop an electronic project schedule for implementation of the RA, for planning purposes.

a) Detail initiation and completion of all critical tasks required by the RD.

b) Show any required air, water and soil sampling needed during the implementation phase.

c) Key issues/reviews, which may affect the schedule, will also be identified.

iv. Operations, Maintenance and Monitoring (OM&M) Plan –

1) Develop an OM&M plan from the following, as applicable, to cover both implementation and short/long-term operations maintenance and monitoring of the RA.

2) The OM&M plan will include the following elements:

a) Equipment start-up procedures/specifications including pre-implementation monitoring (if applicable)

b) Treatment system installation, adjustment, start-up

c) Training requirements for operational personnel

d) Decontamination facilities/specifications

3) Description of normal OM&M

a) Tasks for operations

b) Tasks for maintenance

c) Tasks for monitoring

d) Prescribed treatment or operation conditions

e) Schedule for each OM&M procedure

f) Decontamination procedures for implementation equipment

4) Potential operating problems

a) Description and analysis of potential problems

b) Sources of information regarding potential problems

c) Common and/or anticipated remedies

5) Contingency OM&M should system fail

a) Analysis of vulnerability

b) Procedures to prevent undue hazards or migration of contaminated materials

c) Corrective actions should objectives of removal not be met

d) Additional resource requirements

e) Spill containment requirements

6) Safety Plan

a) Precautions, equipment, etc., for site personnel

b) Safety tasks required for system failures

c) OSHA and other regulatory requirements

7) Description of equipment, as appropriate

a) Equipment identification

b) Installed monitoring equipment

c) OM&M of site equipment

d) Replacement schedules for equipment and components

8) Routine monitoring requirements and laboratory testing, as appropriate

a) Location and items for monitoring

b) Required laboratory tests and their interpretation

c) Data collection quality assurance procedures

d) Schedule for monitoring

e) Trigger mechanisms related to monitoring results

f) Reporting

4. Task 4 – Removal Action Engineering Support

a) Quality Assurance – as Required by the TOPR

i. Assist the Government with third party inspections, as necessary. This may include but is not limited to:

(1) Review RA Contractor submittals for compliance with the RD.

(2) Perform sampling, testing, and inspection activities, identify defective work and make recommendations to the COR.

(3) Guide clean-up activities through field screening and testing, such as the use of a hand-held x-ray fluorescence spectrometer

(4) Verify RA is implemented in accordance with the design and the QAPP

(5) Document inspection, sampling, and onsite activities in daily diaries and submit to the COR

(6) Document activities using digital cameras with time/date stamps.

(7) Review and maintain “as-built” plans and specifications

(8) Assist USFS with final and pre-final walk-through inspections

b) Removal Action Report – as required by the TOPR

i. Introduction

(1) Site description

(2) SI summary

(3) RA objectives

(4) Field operations plan reference and summary

ii. Summary of Removal Action Activities

(1) Sequential description, include dates, quantities moved/placed; depths of caps, growth media, other covers; etc.

(2) Confirmation samples and results/conclusions

(3) Deviations from Design and reasons why

(4) As-built surveys, maps, diagrams, details, and cross-sections

(5) Location of facilities relative to the repository or treatment facilities relative to the public land survey

(A) Latitude/Longitude description

(6) Final cost summary

(7) Post Removal Monitoring

(8) Photo sequence of events

c) Public Support & Assistance Compiling the Administrative Record– as required by the TOPR

i. Gather, organize, and make critical records available to the public

ii. Attendance, participation and or presentations at public meetings

iii. Response to technical questions from reporters or members of the public

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

FAR: www.arnet.gov/far/ OR http://farsite.hill.af.mil/vffara.htm.

AGAR: http://www.dm.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

E.1. IDIQ CLAUSES. The following clauses/provisions are those that are applicable to the IDIQ Contract and where specified “Applicable to Service Task Orders” are provided by reference a general representation of clauses for these types of orders. Task Orders for Services may include additional or updated clauses.

E.2 Applicable to Service Task Orders:

FAR 52.246-4 Inspection of Services--Fixed-Price (AUG 1996) AGAR 452.246-70 Inspection and Acceptance (FEB 1988) Inspection and Testing Performed By Government The Government will perform sampling, testing and inspection of work in progress where these responsibilities are not expressly assigned to the Contractor by the Forest Service specifications or by the Special Project Specifications.

(End of clause) Conformity with Drawings and Specifications Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the Drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is in compliance with reasonable and customary manufacturing tolerances.

(End of clause)

SECTION F--DELIVERIES OR PERFORMANCE

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

FAR: www.arnet.gov/far/ OR http://farsite.hill.af.mil/vffara.htm.

AGAR: http://www.dm.usda.gov/procurement/policy/agar.html.

AGAR 452.211-75 Effective Period of Contract (FEB 1988) The effective period of this contract is from date of award through 5-Years.

F.1. IDIQ CLAUSES. The following clauses/provisions are those that are applicable to the IDIQ Contract and where specified “Applicable to Service Task Orders” are provided by reference a general representation of clauses for these types of orders. Task Orders for Services may include additional or updated clauses.

F.2 Applicable to all Task Orders:

FAR 52.242-14 Suspension of Work (APR 1984) F.3 Deliverables A. General Requirements for all documents

1. All attachments and appendices are considered part of the requirements under this contract.

2. The report formats shall comply with the requirements under each task.

a. The approved sample outlines and format for various tables, etc. are not to be modified without the written consent of the CO.

b. Many of the approved format samples are FS modifications to EPA guidelines.

c. The Government is receptive to new ideas as to how to improve upon the formats to make them more concise and easier for the Public to read.

i. Do not paraphrase information from earlier documents, such as from APA in an SI, etc.

ii. Font to be 11 pitch using Times New Roman throughout all aspects of the document. Titles and/or section headings may be larger pitched.

iii. Sample results should be tabulated for easy reference and incorporated into the body of the report or included as an appendix. The table should include a comparison with selected screening or clean-up criteria, as applicable.

d. Photos should be cropped to rid the photo of extraneous views.

e. At least two photos should be placed on a page and they should be sized accordingly.

i. Eliminating hidden data that is not necessary for the drawing shall reduce ACAD drawing file sizes.

f. Note: The reasons for these reductions in electronic file size are as follows:

i. All documents are stored electronically in administrative records.

ii. Documents are frequently loaded on the USFS web site for Public access.

iii. Documents are submitted electronically to regulatory agencies.

g. Pages will not be left intentionally blank.

h. All Adobe documents are to be submitted as “unsecured”, so the Forest Service can pull tables, photos, and text for use in briefings, white papers, and presentations. Final documents distributed for public use on Forest Service websites will be secured.

B. Draft Reports

1. The contractor will submit one electronic draft copy to the OSC/COR for review for contractual compliance and overall completeness as to supporting data, calculations, substance in the report, engineering designs, etc.

a. The document shall be one complete indexed document, which includes appendices, tables, drawings, etc.

b. FS personnel will not assemble files to complete a document.

2. The CO will present written comments on the draft documents with a follow up phone call to discuss comments, if necessary.

a. When submitting revisions, the contractor may submit only those pages affected by the comments to the CO for final review of the corrected pages and not the complete document or as specified in the TOFP.

b. If the contractor elects to make other corrections to the draft, not noted by the CO, submit those corrected pages for review.

c. The contractor will make required corrections to the report and then submit one (1) electronic Final copy to the OSC/COR within 10 calendar days. The COR will review the Final for final acceptance as specified earlier.

C. Final Reports – to be submitted in both of the following formats, unless otherwise specified in the task order:

1. Hard copy: one complete, stamped, document, which includes all appendices, tables, drawings, etc.

2. Electronic:

a. One complete electronic copy, in pdf format

b. ACAD drawings submitted in original size and format D. Registration

1. Geologists and Engineers assigned to these projects are required to be licensed in the State of Oregon, Washington, or Alaska as applicable. A very small portion of Region 6 forest land crosses into Idaho and California. Projects located in Idaho or California may require professional licenses in those states, and will be clearly identified and discussed prior to task order award.

2. All final documents generated for each project will be stamped by the registered professionals working on the document, signed, and dated.

E. Close Out Files

1. The following are required on a single CD or thumb drive:

a. Each CD or thumb drive to be properly labeled with the name of the project, location, and date of completion.

b. Final document in both electronic formats as discussed in C 2 of this section, above.

c. Project File, which will include, but is not limited to, as appropriate:

i. All calculations (volumes, risk calculations, etc.)

ii. QA/QC reports

iii. Comments on draft documents

iv. Any letters to state, county, or other Federal agencies.

v. Well logs

vi. Field Operation Plans

vii. Health and Safety Plans, including any Safety Incidents and Lessons Learned

viii. Sampling and Analysis Plans

ix. All documents generated during a removal action

x. Laboratory Reports

xi. Response to Public Comments

d. The format for the files in the CD or thumb drive will be the same as for an Administrative Record as outlined in:

i. The Forest Service “Guide to CERCLA”, EM-2160-1

ii. EPA OSWER Directive 9833.3A-1, December 3, 1990, “Final Guidance on Administrative Records for Selecting CERCLA Response Actions”

e. One CD or thumb drive will be supplied to the OSC/COR.

SECTION G--CONTRACT ADMINISTRATION DATA

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

FAR: www.arnet.gov/far/ OR http://farsite.hill.af.mil/vffara.htm.

AGAR: http://www.dm.usda.gov/procurement/policy/agar.html.

G.1. IDIQ CLAUSES. The following clauses/provisions are those that are applicable to the IDIQ Contract and where specified “Applicable to Service Task Orders” are provided by reference as a general representation of clauses for these types of orders. Task Orders for Services may include additional or updated clauses.

AGAR 452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled and held as specified in task order. The conference will be held at a location to be announced after award.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

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

FAR: www.arnet.gov/far/ OR http://farsite.hill.af.mil/vffara.htm.

AGAR: http://www.dm.usda.gov/procurement/policy/agar.html.

AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: all team members and sub contractors listed on contractor’s SF 330 submission for this contract.

Removal Action Approved Subcontractors:

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

AGAR 452.209 – 71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS – Alt 1 (FEB 2012)

(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434.

H.1. TASK ORDER PROCESS:

The firm that is considered to be the most highly qualified to perform the required services on the task order shall be required to submit a detailed proposal including all proposed subcontracting. Because selection of firms is based upon qualifications, the extent of any subcontracting is limited to firms agreed upon during negotiations. If a mutually satisfactory contract cannot be negotiated the contracting officer shall notify the firm that negotiations have been terminated. The contracting officer shall then initiate negotiations with the next firm on the final selection list. This procedure shall be continued until a mutually satisfactory contract has been negotiated.

SERVICES BASED PROJECT TASK ORDERS.

When a new mine site is considered for evaluation purposes an Evaluation Board will consider the A/E firms on these IDIQ contracts. The Government may issue a solicitation to the IDIQ contractors OR conduct a selection evaluation based on the SF 330’s dependent upon the merits of the project.

Orders Less Than the Simplified Acquisition Threshold: The technical board will prepare a selection report for the Contracting Officer or other designated selection authority recommending, the firm that is considered to be the most highly qualified to perform the required services. Once the firm has been selected the Government reserves the right to continue through all phases of the project with no further competition or notification actions. However, the government reserves the right to compete any phase of a project. Factors that may influence reconsideration may include, past performance, workload balancing, or price.

Orders Exceeding the Simplified Acquisition Threshold: A/E firms on these IDIQ contracts will be provided with a brief synopsis of the project and a notice that the Government is evaluating all firms qualifications based on the information provided for award of the IDIQ’s. The technical board will prepare a selection report for the Contracting Officer or other designated selection authority recommending, the firm that is considered to be the most highly qualified to perform the required services. Once the firm has been selected the Government reserves the right to continue through all phases of the project with no further competition or notification actions. However, the government reserves the right to compete any phase of a project. Factors that may influence reconsideration may include past performance, workload balancing, or price. Once award of the order has been made, an award notice will be provided to the IDIQ contractors.

REMOVAL ACTIONS.

Non-Competitive – For removal actions to be accomplished by the Removal Design firm, the contractor shall solicit competitive quotes from their approved subcontractors listed in contract clause AGAR 452.237-74, Key Personnel. These quotes shall be included in the contractor’s TOPR submittal to the Government.

Competitive – For removal actions competed among the IDIQ contractors, the contractors shall solicit competitive quotes from their approved subcontractors listed in contract clause AGAR 452.237-74, Key Personnel.

H.2. IDIQ CLAUSES. The following clauses/provisions are those that are applicable to the IDIQ Contract and where specified “Applicable to Service Task Orders” are provided by reference as a general representation of clauses for these types of orders. Task Orders for Services may include additional or updated clauses.

FSAR 4G52.222-701 Employment of Eligible Workers (DEC 1999) Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire unauthorized aliens. The Immigration and Naturalization Service (INS), now the United States Citizen and Immigration Services, established the Form I-9, Employment Eligibility Verification Form, as the document to be used for employment eligibility verification (8 CFR 274a).

The contractor is required to:

1. Have all employees complete and sign the I-9 Form to certify that they are eligible for employment;

2. Examine documents presented by the employee and ensure the documents appear to be genuine and related to the individual;

3. Record information about the documents on the form, and complete the certification portion of the form;

4. Retain the form for 3 years, or 1 year past the end of employment of the individual, whichever is longer.

It is illegal to discriminate against any individual (other than a citizen of another country who is not authorized to work in the United States) in hiring, discharging, or recruiting because of that individual's national origin or citizenship status.

Compliance with Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is a material condition of the contract. If the contractor employs unauthorized workers during contract performance in violation of section 274A, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

For further information on the requirements of the Act, contractors should contact the Employer and Labor Relations Officer of their local United States Citizen and Immigration Services office.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

FAR: www.arnet.gov/far/ OR http://farsite.hill.af.mil/vffara.htm.

AGAR: http://www.dm.usda.gov/procurement/policy/agar.html.

I.1. IDIQ CLAUSES: The following clauses/provisions are those that are applicable to the IDIQ Contract and where specified “Applicable to Service Task Orders” Task Orders” are provided by reference as a general representation of clauses for these types of orders. Task Orders for Services may include additional or updated clauses.