1240BE24Q0048.pdf

Solicitation Number: 1240BE24Q0048

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6 of the Federal Acquisition Regulation, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii) This solicitation is issued on March 5, 2024 as a Request for Quotation (RFQ).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-04.

(iv)This procurement is a total small business set-aside. The NAICS code is 562910 Environmental Remediation Services and the Small Business Size Standard is 1,000 employees.

(v) Schedule of Items/Price Schedule, see Section A – Schedule of Items.

(vi)Description of Requirement. See Section B and C herein.

(vii) Date(s) and Place(s) of Delivery and Acceptance/Location will be defined in the Call Order(s) awarded under this BPA.

(viii) 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (MAR 2023) (Provision). See Section K for the applicable addenda to the provision.

(ix)52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021) (Provision). See Section K of this solicitation for specific evaluation criteria. Paragraph

(a) outlines the addenda of that provision.

(x) Interested vendors are required to include a completed copy of the Representations and Certifications in response to this solicitation. All offerors should have an ACTIVE registration in SAM.gov. See Section K for further instructions and requirements. If the offeror has completed the FAR representations and can be accessed, the offeror must complete the provision at FAR 52.212-3 Offeror Representation and Certifications – Commercial Products and Commercial Services, with the submission.

(xi)FAR 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (DEC 2022) are included in this solicitation by reference and will be included in the resulting contract(s). Addenda to this clause can be found in Section K.

(xii) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Service (MAY 2022) (DEVIATION JUL 2020) is included in this solicitation and will be included in the resulting contract(s). Clause can be found in Section K.

Solicitation Number: 1240BE24Q0048

(xiii) All requirements and/or terms and conditions necessary for the performance of this work are included herein.

(xiv) Reserved.

(xv) Quotes in response to this solicitation are due FRIDAY, APRIL 5, 2024, AT 1700

PACIFIC TIME ZONE.

Submit offer by email to darnell.williams@usda.gov so that it is delivered into this inbox by the due date and time. Emails should contain at least three (3) separate attachments (Technical Response, Representations and Certifications, and Past Performance Statement(s)) in Microsoft Word or Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email. It is the offerors responsibility to confirm receipt of the offer from darnell.williams@usda.gov.

(xvi) For information regarding this solicitation, contact darnell.williams@usda.gov.

mailto:Kelly.ollivant@usda.gov mailto:Kelly.ollivant@usda.gov mailto:Kelly.Ollivant@usda.gov

SECTION A – SCHEDULE OF ITEMS

Company Name Applying for the following Activities and Geographic Areas (check all that apply):

Western

Washington Eastern Washington

Western Oregon

Eastern and Central Oregon

Alaska

Activity I Emergency & Incident Response

Activity II Non-Emergency Clean-up & Removal

Activity III Hazardous Materials Surveys, Assessment/Testing/Abatement

Activity IV Reports, Guidance & General Environmental Consulting Services

Activity V Environmental Compliance Audits

Activity VI Tank Related Services

Activity VII CERCLA Site Work

SCHEDULE OF ITEMS

Offerors should develop their business quote for the work described in Section C and the instructions in Section L. Prices for services not included in the Schedule of Items but required for a particular call order will be negotiated prior to issuance of a call order. Offerors should list additional personnel positions, equipment, and other rates anticipated to be used under this agreement but not indicated below.

The total amount of call orders among all BPA holders will not exceed $7,500,000.00.

MULTIPLE AWARDS

The Government expects to make 10-15 awards from this solicitation. At least one awardee will be selected to represent each state covering the geographical region. Offerors may submit an offer for one or any combination of the work activities and for each of the six (6) geographic areas covered by this solicitation:

ACTIVITY I - Emergency and Incident Response ACTIVITY II – Non-Emergency Clean-up & Removal ACTIVITY III - Hazardous Materials Surveys, Assessment/Testing/Abatement ACTIVITY IV- Tank Related Services ACTIVITY V – Time Critical and Non-Time Critical CERCLA Removal Actions

The Geographic Areas are: (see Section C for more specific locations) Western Washington Eastern Washington Southwest Oregon Northwest Oregon Central & Eastern Oregon Alaska

Offerors must furnish a complete technical quote for the activities for which they are submitting an offer. (see section L for instructions)

CALL ORDERS

The contractor shall prepare price quotes in the manner requested by the individual call orders. It is the intent of this solicitation to have firm fixed pricing for the projects listed in the call orders whenever possible. Call order requests may require the contractor to submit hourly prices.

Customary incidental tools of the trade and equipment shall be included within hourly labor rates.

Prices for items not included in the Schedule of Items but required for a particular project will be negotiated with each task order pricing quote.

Materials: Materials (other than incidentals) shall be negotiated as required for a specific call order and shall be included in the call order pricing quote. Any analytical services and subcontracted services shall be included in the call order pricing quote.

CALL ORDER COMPETITION

All call orders awarded as a result of this solicitation shall be awarded using procedures appropriate to the individual projects to be accomplished. This shall be done by considering the size, complexity, location and urgency of the project. The contracting officer may exercise broad discretion in developing appropriate order placement procedures. Contracting officers will keep submission requirements to a minimum and may use streamlined procedures, including oral presentations. In addition, the contracting officer may not contact each of the multiple awardees under the agreement before selecting an order awardee if the contractor was not awarded a agreement under the applicable geographical location or activity type for the corresponding project. The contracting officer will ensure that each awardee is provided fair opportunity and consideration for each order.

Call Order Issuance: Call orders may be issued verbally, by facsimile, or by electronic commerce methods. Verbal call orders will be backed up by a written order. Forest Service Warranted Contracting Officers are authorized to place call orders against this agreement within their delegated warrant authority.

(a) Proposed Call Orders will be issued during the performance period of this contract as outlined in FAR 52.216-18. The Contracting Officer’s (CO) decision to issue an order to a particular awardee will be based on the criteria stated below. The CO will give each awardee a “fair opportunity” to be considered for each order in excess of $2,500 for service and $2,000 for construction.

(b) Selection Criteria for Awarding Task Order:

The Government will evaluate the call order quotes against stated selection criteria, of which price will always be a factor. Additional information for technical approach, quality control plan and a safety plan not previously submitted may be requested and evaluated prior to awarding call orders.

Single or multiple awards may be made for individual task orders, as specified on the task order.

(c) Process:

A warranted Forest Service Contracting Officer must issue all Call Orders. When supplies/services are required, a proposed task order will be sent to each qualified Contractor. If a Fair Opportunity Exception applies, the task order quote request will be issued to one contractor. Each task order request will include the required due date, specific instructions for the submission for quotes, the selection criteria factors, and other information deemed appropriate.

INDIVIDUAL PROJECT ORDERING

Description of Work. The Government will notify the Contractor of each project falling under the appropriate activity, in writing. This notification will include:

an outline of the scope of the project, an inventory of the material/waste (where applicable), the project location, a time schedule for the expected results of the completed project, reports or products to be provided, and as much additional pertinent information as possible, including, but not limited to, any maps, aerial photos, and project files when available and applicable.

Projects in some activities may be accomplished in one or more phases.

Work Plan. The Contractor shall provide the Government with a cost estimate for the work to be performed and, upon task order award, may be required to provide a detailed work plan. This work plan shall be submitted electronically and include:

the appropriate safety plan, detailed sampling plan, quality assurance plan, statement of how the work will be performed, a listing, along with the qualifications, of the personnel (including any sub-contractors) who will be working on the project, and a work schedule.

For multi-phased projects, additional work plans and/or estimates will be required prior to the start of the next phase. All work plans must be approved in writing by the Government prior to commencement of that phase of the work.

Notification & Response Procedures. For Activity I - Emergency and Incident Response, the contracting officer may conduct oral solicitation procedures or use streamlined processes when a written solicitation or routine project ordering procedures would delay the acquisition of emergency and incident response services to the detriment of the Government. At a minimum, the contractor will receive a description of the requirement, and any relevant information available regarding the incident. In return, the contractor will be required to provide fully loaded hourly rates for all necessary equipment, and personnel as well as other related costs for immediate response to the incident.

Awardees under Activities II through VI will generally be allowed 5 working days to prepare and submit quotes. However, more or less time may be necessary based on the requirements. If an awardee is unable to perform a requirement, the awardee may submit “NO QUOTE” to the call order request. While no mandatory requirement exists for the submission of a quote, failure to respond to three consecutive orders may result in contract termination. If this should occur, resulting in a decline in the contractor pool or task order quantities that exceed vendor pool capabilities, additional Contractors may be added to the list through a competitive process.

DELVIERY TICKETS

A requirement that all shipments under the agreement, except those for newspapers, magazines, or other periodicals, shall be accompanied by delivery tickets or sales slips that shall contain the following minimum information:

(i) Name of supplier.

(ii) BPA number.

(iii) Date of purchase.

(iv) Purchase number.

(v) Itemized list of supplies or services furnished.

(vi) Quantity, unit price, and extension of each item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information).

(vii) Date of delivery or shipment.

INVOICES

An itemized invoice shall be submitted at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period and for which payment has not been received. These invoices need not be supported by copies of delivery tickets.

ORDER OF PRECEDENCE --CONSTRUCTION

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The Schedule (excluding the specifications).

(2) Representations and other instructions.

(3) Contract clauses.

(4) Other documents, exhibits, and attachments.

(5) Special Project Specifications.

(6) Standard Specifications, (including FAR clauses).

(7) (a) Drawings, figured dimensions over scaled dimensions.

(b) Drawings, large scale contract drawings over small scale contract drawings.

(c) Schedules on contract drawings over any conflicting notations on Contract drawings.

(8) Shop drawings.

SECTION B – STATEMENT OF WORK

1. SCOPE OF WORK

This BPA addresses the recurring needs of the Forest Service for various petroleum and hazardous materials related services. Work will fall into one or more of the following categories:

ACTIVITY I – Emergency and Incident Response ACTIVITY II – Non-Emergency Clean-up & Removal ACTIVITY III – Hazardous Materials Surveys, Assessment/Testing/Abatement ACTIVITY IV – Reports, Guidance & General Environmental Consulting Services ACTIVITY V – Environmental Compliance Audits ACTIVITY VI – Tank Related Services ACTIVITY VII – CERCLA Site Work

A Blanket Purchase Agreement is a contract instrument that allows the Federal Government to create a group of vendors who have gone through a competition process to be awarded as part of a parent BPA. BPA Calls are issued to that group of vendors who qualified for the parent BPA and now have an opportunity to quote on a specific identified area of work to be accomplished.

This BPA will be awarding groups of contractors on the categories and locations that are listed on the Schedule of Items.

2. BACKGROUND

The United States Forest Service (USFS) does not routinely manage large amounts of hazardous materials or hazardous waste. Therefore, the agency does not staff personnel with the training or certifications to perform emergency response operations, hazardous materials & waste clean-ups, abatement, and testing of hazardous materials in-house. However, the agency does manage small quantities of hazardous material & waste, as well as facilities with hazmat building components. Additionally, spills, and illegal dumping occur on USFS land and at USFS administrative sites. Therefore, the USFS has a need for a variety of hazmat technical and professional services.

3. LOCATION OF WORK

The project area will be defined in each BPA call for the specific project. Project areas may be located anywhere on USFS managed lands in the Pacific Northwest (Region 6) and Alaska (Region 10). Additionally, the Contractor may be offered the opportunity to perform work for the USFS outside Regions Six and Ten. Any work outside Region 6 and 10 is at the option of the Contractor.

The USFS will generally exercise the scope of the contract in the States of Oregon, Washington, and Alaska. The intent of this contract is to secure the technical services of one or more Contractors to provide services for the following geographic areas:

Western Washington - National Forests including the Gifford Pinchot, Mount Baker- Snoqualmie, Olympic, and Research Stations within these areas.

Eastern Washington -National Forests including the Colville, Okanogan-Wenatchee, and Research Stations within these areas.

Western Oregon - National Forests including the Columbia River Gorge National Scenic Area, Mount Hood, Rogue River-Siskiyou, Siuslaw, Umpqua, Willamette, and Research Stations within these areas. **Note that a small portion of the Rogue River-Siskiyou National Forest crosses into California and is included in this geographic area.

Eastern Oregon –National Forests including Deschutes, Fremont-Winema, Malheur, Ochoco, Umatilla, Wallowa-Whitman, and Research Stations within these areas. **Note that a small portion of the Wallowa-Whitman National Forest crosses into Idaho and is included in this geographic area.

Alaska – National Forests including Tongass, Chugach, and Research Stations within these areas.

Demonstrated experience in the Pacific Northwest and/or Alaska is required.

4. DESCRIPTION OF REQUIREMENT

This Blanket Purchase Agreement (BPA) addresses the recurring needs of the USFS for petroleum and hazardous materials related services.

General to all activities

Work under each Activity shall be accomplished as a turnkey operation. That is, the Contractor(s) shall provide appropriate labor, equipment, safety and personal protective equipment, materials, supervision, and transportation needed to investigate, assess, or classify the site or materials and execute the removal and disposal of those materials/wastes where required by the specific project task order. This includes, but is not limited to: completion of appropriate regulatory documents, such as hazardous waste manifests; selection of samples to be profiled; coordination with appropriate State and Local agencies; selection of certified testing laboratories; etc.

Most projects will occur at the following types of sites: forestlands, buildings, roads, tanks, bone yards, ware yards, clandestine drug labs and illegal grow sites, illegal dumps, petroleum or chemical spills and spills/dumps with biological hazards. Chemical spills could involve pesticides, solvents, PCBs, or other hazardous chemicals. This list of project types and locations is not exhaustive.

The products (work plans and reports, etc.) in each Activity may be subject to review by the state, county, and/or other agencies. The Contractor shall prepare responses for the Government to any comments generated by these reviews, provide any additional information requested, and modify the final product(s) as necessary. Depending on the complexity of a project, intermediate reviews may be required by the Government.

Some of the Activities will require the Contractor to collect water, soil, and air samples in the field. The Contractor shall assume financial responsibility for re-sampling if data is unusable due to sampling techniques, handling or shipping problems, sampling requirements (insufficient sample material collected, inappropriate sample preservation exceeding holding times, inappropriate sample locations), laboratory error, or laboratory contamination.

Contractor shall ensure that appropriate Quality Assurance and Quality Control (QA/QC) is applied to sampling and analytical activities. QA/QC procedures and results must be documented. When appropriate, this documentation would be included in work products;

otherwise, it shall be available to the Government upon request.

The Contractor shall be responsible for spill containment and, at the firm’s expense, to clean spills caused by the firm and/or its agents. The Contractor shall provide the Contracting Officer with a contingency plan for removing spills which the Contractor caused. The Contractor is required to comply with appropriate State and Federal laws, and have insurance as specified within this contract.

Description of Activities

BPA Call Orders will fall into one or more of the following categories:

Activity I - Emergency and Incident Response

Under this activity, the Contractor(s) may be requested to respond to a chemical, biological, or other hazardous material incident, emergency, or release. Any site shall be secured, if necessary, to minimize public exposure or spread of contamination. Services to include, but not limited to, site preparation, characterization, field investigation, site closures, containment implementation, excavation, removal, remediation related laboratory testing, transportation, storage, treatment, and/or disposal of hazardous wastes.

It is the intent of the Government to have response services available that can react to incidents at locations within the four geographic areas within 2 to 8 hours after notification. Offerors for this activity must state their expected response times and outline the types of incidents to which they are capable of responding, along with a listing of personnel and equipment they provide.

The duration of each incident response shall vary and be defined by the scope or dependent on the extent of the situation. Regardless of the incident, each task shall have a negotiated duration, definite time limitation, or scope accomplishment to bring the situation to a stable condition or conclusion. Further long-term monitoring or evaluation shall be accomplished under other activities of this contract.

Disposal activities shall be compliant with local, state, and federal laws that will apply based on the location of the incident and type of disposal process.

The Contractor shall provide a Final Report (electronic pdf files) for spill response activities. At minimum, the Final Reports shall include the following:

• A revised, site specific, version of the Contractor’s work plan which indicates the actual operations performed.

• Recommended destination and method of use, recycling or disposal, of materials/wastes, including rationale for the recommendation. Name, address, and EPA or State Identification Number (if appropriate) of all destination points.

• Method of packaging of materials/wastes to comply with Federal and State requirements for transportation and disposal; method of transport; and name, address, and EPA Identification Number of all transporters.

• Itemized costs for handling, transport, and disposal.

• Copies of manifest, profile sheets, laboratory test results, photographs, etc.

Due to the nature of this activity, the contracting officer may conduct oral solicitation procedures or use streamlined processes when a written solicitation or routine project ordering procedures would delay the acquisition of emergency and incident response services to the detriment of the Government. At a minimum, the contractor will receive a description of the requirement, and any relevant information available regarding the incident. In return, the contractor will be required to provide fully loaded hourly rates for all necessary equipment, and personnel as well as other related costs for immediate response to the incident.

Activity II – Non Emergency Clean-up Work

Under this activity, the Contractor(s) may be requested to respond to a chemical, biological, or other hazardous material, or suspected hazardous material release, including petroleum spills.

Activity II is intended for relatively stable, non-emergency sites, where timeline to final clean-up may be days, weeks, or even months. Services to include, but are not limited to, site preparation, characterization, field investigation, site closures, containment implementation, excavation, removal, remediation, related laboratory testing, short-term or long-term monitoring, transportation, storage, treatment, and/or disposal of hazardous wastes. Services may also include preparation of clean-up plans, monitoring reports, closure reports, and other documentation for submittal to state agencies.

Disposal activities shall be compliant with local, state, and federal laws that will apply based on the location of the project and type of disposal process.

Reports and plans will be specified in individual task orders for clean-up activities. Unless otherwise stated in the task order, reports and plans shall be submitted electronically. At minimum, these reports shall include a detailed description of the planned or completed work, as well as copies of any manifest, profile sheets, laboratory test results, quality assurance, and photographs.

Activity III - Hazardous Materials Surveys, Assessment/Testing/Abatement

Under this activity, the Contractor(s) may be requested to provide services for identifying, quantifying, and abating hazardous materials in a controlled environment. Services to include, but not limited to:

• Environmental Site Assessments,

• Surveys, sampling/testing, analyses, risk assessments, and abatement of asbestos, lead-based paint, radon, polychlorinated biphenyls (PCBs), mold, bacteria, or other hazardous chemicals,

• Site Inspections,

• Hazardous materials testing related to marijuana grow sites or clandestine drug labs.

A combination of services may be required, depending on the specifics of each site.

Environmental Site Assessments (ESA) shall comply with the latest editions of American Society for Testing and Materials (ASTM), Phase I ESA Method E1527, Phase I ESA Method E2247 or Phase Two ESA Method E 1903.

Inspections and risk assessments may be required to determine the sources of asbestos, lead, and radon and their likely mitigation options. Assessors and inspectors shall be certified by the EPA or state in which the work is being completed.

Trained professionals may use a range of methods for checking for lead-based paint and conducting risk assessments, including:

• Visual inspection of paint condition and location.

• A portable x-ray fluorescence (XRF) machine.

• Lab tests of paint samples.

• Surface dust tests.

Hazardous material removal and disposal must be conducted in accordance with federal, local, and state regulations. Clearance testing for abated lead-based paint and asbestos as per United States Environmental Protection Agency and United States Department of Housing and Urban Development guidelines shall not be performed by the Abatement Contractor.

Activity IV – Reports, Guidance & General Environmental Consulting Services

Under this activity, the Contractor(s) may be requested to provide a variety consulting services.

Tasks may include preparation of reports by a technician, scientist, geologist, or other personnel.

Engineering and architectural certifications or stamps will NOT be required. Services may include, but are not limited to:

• Water and wastewater system operation and maintenance manuals,

• Spill Prevention, Control and Countermeasure (SPCC) Plans

• Underground injection control (UIC) closure reports,

• Statements of work for environmental tasks,

• Customized recycling or disposal plans for hazardous materials,

• Forest environmental plans: Emergency/Spill Response, Hazard Communication, etc.,

• Customized environmental training (PowerPoints, videos, etc.) for USFS employees,

• Recommendations on specific environmental situations (example: how to dispose of a drum of mystery fuel).

Individual task orders will define the scope of the project.

Activity V – Environmental Compliance and Protection (ECAP) Audits

Under this activity, Contractor(s) will be required to perform environmental compliance and protection audits at National Forests within Regions Six and Ten. Although other topics may be reviewed, the focus of the audit will be hazardous materials and hazardous waste issues – including storage, record keeping, and disposal.

The Contractor shall use the US TEAM Guide (The Environmental Assessment Manual) and OSH Guide (Occupational Safety and Health Guide) developed by US Army Construction Engineering Research Laboratory (USACERL), Forest Service (FS) Supplemental developed by USACERL, the State Supplement developed by USACERL, and the Forest Service Manual (FSM), the Forest Service Handbook (FSH), for conducting audits.

Work under this activity will include:

• Entrance Conference(s), in person or via MS Teams

• On-site Assessment using protocol,

• Interviews,

• Records Review,

• Visual survey of Facilities (which shall include daily photographing of surveyed conditions and operations),

• Onsite training of Forest Service personnel (discussion of observations and requirements during walk-through),

• Audit Findings Report and Corrective Action Spreadsheet

• Administrative Unit Exit Conference(s), including Presentation with Photos, onsite or via MS Teams.

ECAP Audits involve long field days. In advance of the site visit, the Contacting Officer’s Representative (COR) will provide the Contractor a tentative itinerary of sites to be visited during the fieldwork portion of the audit. The audit is meant to be a representative sampling of the types of facilities and activities of which an Administrative Unit is involved. The number of facilities will vary based on the size and complexity of the Administrative Unit. Two to three full days of field work are anticipated per forest. Whenever possible, two National Forests will be grouped into a single week. Field work may begin as early as 07:00 a.m. on the first day and extend through 17:00 on the last audit day (please see the schedule in Section C.2). This schedule may require travel prior to the first day of the audit for each forest. The audit schedule may require long drive times at the beginning and end of the workday and/or multiple lodging locations. The audit schedule may require travel on the day following the final fieldwork and out-brief at each forest. The expectation is that the Audit Team will work approximately ten hours in the field and two hours back at the hotel or office each day.

All findings and associated photographs shall be documented. Each finding shall include, at a minimum:

• Location

• Date

• Assessor

• Score

• Status

• Protocol Question Criteria

• Protocol Question Basis

• Protocol Question Number (if applicable)

• Condition observed during the audit

• Specific discussion explaining the requirements and relevant Forest Service policy and/or direction.

• Recommended solution, and

• Pictures of finding

• Determination as to whether it is a repeat finding.

Include “positive” findings, including best management practices and/or documented remedy of historically non-compliant conditions/findings that have been corrected.

Audit Teams will include a Project Manager, Quality Assurance/Quality Control Specialist, Lead Auditor, and Second Auditor.

Specific requirements, including locations to be audited, tentative dates, coordination, reporting format and requirements, and software requirements will be included in each BPA call.

Activity VI – Tank Related Services

Under this activity, the Contractor(s) may be requested to provide services for identifying, quantifying, and abating hazardous materials in and around tanks and enclosed spaces. Services to include, but not limited to: locating, removing, and abating existing underground storage tanks (USTs); locating, removing, and abating existing above ground storage tanks (ASTs); locating, removing, and abating existing heating oil tanks (HOTs; and providing confined space entry services.

Contractor(s) may be requested to provide AST, UST and/or HOT removal services in compliance with State and Federal requirements. Individual call requirements shall define the scope, location, and project specifics. General requirements of each project may include tank location, excavation, and removal, and soil sampling in accordance with state requirements..

Remediation (soil excavation, removal, and proper offsite disposal) may also be required, if contamination is present. The tank may be purged and decommissioned in-place pending soil sample results, or removed and disposed of according to regulatory agency requirements. The BPA call will specify decommissioning method. Further confirmation samples may be required for adjacent soils or ground waters depending on the site conditions. Final clearance from State regulatory agencies may be required depending on the location and specific requirements.

Contractor(s) shall be certified for this type of work in the State the work is located. Sampling shall be completed by qualified personnel and tested by a State certified lab. Sample tests shall include screening for constituents consistent with the materials that were stored in the tanks, unless otherwise specified. Remediation of any contaminated soil will be completed in accordance with state requirements and may include coordination with the state regulatory agency. All backfill materials and labor for compaction shall be provided by the Contractor, unless otherwise specified in the individual order. Compaction of backfill shall be completed to a standard equal to the density of the surrounding soils. Surface restoration shall be completed to a minimum depth of six (6) inches below adjacent ground elevations. The type and quality of surface restoration materials shall be of equal or better quality of adjacent materials. Samples of all backfill materials (including surface restoration materials) shall be provided upon request and prior to final placement.

Contractor(s) may be requested to provide confined space entry services. Contractor(s) shall be trained and certified for confined space entry according to 29 CFR 1910.146. A confined space team will be required for entering, cleaning, inspecting, and recording the interior tank conditions. A written technical report with visual aids (video or photos) shall be required for each project. Contractor(s) may also be asked for recommendations for repairs and estimated costs. Other situations may require the Contractor(s) to enter confined spaces or hazardous atmospheres to recover, repair, or replace equipment.

Activity VII –CERCLA Site Work

Under this activity, the Contractor(s) may be requested to perform a variety of work at Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) sites.

Site work may include, but is not limited to:

• Time-critical or non-time critical removal actions

• Operation and maintenance work (flushing pipes, removing sludge, repairing repository caps, repairing stormwater management features, etc.)

• Sampling and analysis – groundwater, surface water, soil, sediment (this work may be performed under Activity II when HAZMAT Certification is not required to enter the site)

• Surveys – radiation, other

For ALL tasks performed under this activity, onsite personnel will maintain current 40-hour HAZMAT certification, Unless otherwise stated in the individual call order.

For operation and maintenance work, sampling and analysis, and surveys, project specific details and requirements will be provided in the call order.

For time-critical and non-time critical removal actions, a removal action design and supporting documentation will be provided by the USFS. Removal actions under this activity will require implemention of the provided removal action design. In rare cases involving time-critcal removal actions, a design may not be provided. Under such circumstances, clear instructions will be provided in the call order.

Examples of removal activities include construction of an onsite repository, excavation, transport, and disposal of contaminated material, and onsite treatment of contaminated soil.

Ancillary activies may also be required, such as the construction of access roads, demolition of dilapidated structures, and replanting of sensitive areas. CERCLA removal actions are frequently conducted at former mining or mill sites.

Oversight for CERCLA projects will be provided by a USFS On-Scene Coordinator, rather than an external regulatory agency; however, coordination and communication with federal, state and local agencies may be required.

Communication & Coordination

1. Contractor will meet with FS personnel on the ground at the beginning of the contract to discuss issues of concern and obtain a better understanding of roles and responsibilities

2. Contractor and USFS will conduct, at a minimum, monthly meetings over the phone.

Meetings are anticipated to last no longer than one (1) hour. Topics of discussion at these meetings will include:

a. Project status

b. Timeline

c. Data Gaps

d. Issues/Concerns

e. Budget Status

Required Submittals Required submittals may include, but are not limited to:

1. Implementation Plan

2. Project schedule – detailed initiation and completion of all critical tasks

3. Health & Safety Plan (HASP) – precautions, equipment, safety tasks, OSHA requirements, decontamination

4. Sampling & Analysis Plan (SAP) – sampling and monitoring requirements, laboratory testing

5. Quality Assurance Project Plan (QAPP) – quality assurance procedures; sampling, observation and data gathering details; acceptance and rejection criteria, Documentation Requirements Unless otherwise stated in the call order, Contractor must track removal quantities and maintain records of:

1. “As-built” plans and specifications,

2. Cost estimates,

3. Project schedules,

4. Photographs with time/date stamps

5. Diary of daily onsite activities,

6. Quantities of material removed, treated, or otherwise processed at the site

7. Copies of disposal manifests and sample results.

Removal Action Report Unless otherwise stated in the call order, Contractor will produce a removal action report upon completion of the site work, including:

1. Introduction

2. Site Description

3. Removal Action Objectives

4. Implementation plan reference and summary

5. Summary of removal action activities – sequential description, include dates, quantities moved/placed, depth of caps, growth media, other covers, etc.

6. Confirmation samples and results/conclusions

7. Deviations from implementation plan and/or removal action design and reasoning

8. As-built surveys, maps, diagrams, details and cross sections

9. Location of facilities relative to any repository or treatment facilities – latitude/longitude description

10. Final cost summary

11. Post removal monitoring requirements

12. Photo sequence of events

The Government may contract with a third party, such as the design firm, to provide inspection services during the removal action including but not limited to: onsite inspection, submittal reviews, field screening, sampling and testing. Individual call orders will describe the work and define responsibilities, if more than one contractor is onsite.

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK/SCOPE

OF WORK

General to all activities

Work under each Activity shall be accomplished as a turnkey operation. That is, the Contractor(s) shall provide appropriate labor, equipment, safety and personal protective equipment, materials, supervision, and transportation needed to investigate, assess, or classify the site or materials and execute the removal and disposal of those materials/wastes where required by the specific project task order. This includes but is not limited to: completion of appropriate regulatory documents, such as hazardous waste manifests; selection of samples to be profiled;

coordination with appropriate State and Local agencies; selection of certified testing laboratories;

etc.

Most projects will occur in the following types of sites: bare land/property, forestland, buildings, tanks, bone yards, ware yards, clandestine drug labs and grow sites, illegal dumps, chemical spills, and former mine and mill sites. Chemical spills could involve pesticides, solvents, PCBs, or other hazardous chemicals. This list of project types and locations is not exhaustive.

Many of the products (work plans and reports, etc.) in each Activity are subject to review by the state, Environmental Protection Agency (EPA), members of the general public, and/or other agencies. Where necessary, the Contractor shall recommend actions to restore a site to federal and state Applicable or Relevant and Appropriate Requirements (ARARS) and conform with the National Contingency Plan (NCP). The Contractor shall prepare responses for the Government to any comments generated by these reviews, provide any additional information requested, and modify the final product(s) as necessary. Depending on the complexity of a project, intermediate reviews may be required by the Government.

Some of the Activities will require the Contractor to collect water, soil, and air samples in the field. The Contractor shall assume financial responsibility for re-sampling if data is unusable due to sampling techniques, handling or shipping problems, sampling requirements (insufficient sample material collected, inappropriate sample preservation exceeding holding times, inappropriate sample locations), laboratory error, or laboratory contamination.

Contractor shall ensure that appropriate Quality Assurance and Quality Control (QA/QC) is applied to sampling and analytical activities. QA/QC procedures and results must be documented. When appropriate, this documentation would be included in work products;

otherwise, it shall be available to the Government upon request.

In addition, the Contractor, while working on any Activity under this contract, shall consult with and provide technical data and advice to Government officials and staff; attend, report, and advise at meetings and conferences with regulators and other parties; and analyze any other data pertinent to the projects when required.

CONTRACTOR CAUSED SPILLS

The Contractor shall be responsible for spill containment and, at the firm’s expense, to clean spills caused by the firm and/or its agents. The Contractor shall provide the Contracting Officer with a plan for removing spills which the Contractor caused. The Contractor is required to have insurance as specified within this contract.

SAFETY PRECAUTIONS

Personnel for Activities who will physically work on a site shall be certified as having received the 40-hour Hazardous Waste Site Operations (Hazwoper) training. Their Hazwoper training must be current at the time the work is performed. Work shall be accomplished in a safe manner and in accordance with applicable OSHA standards, including 29 CFR 1910.120 and 1926 subpart 0. Project health & safety plans shall be submitted with the Contractor's site-specific quote for each project and all appropriate personal protective equipment and safety equipment, as outlined in the plan, shall be provided by the Contractor. Generic safety plans covering one or more projects which involve similar types of work and sites may be submitted with prior approval of the Government.

COMPLIANCE WITH REGULATIONS

Actions and recommendations submitted by the Contractor shall comply with applicable laws and regulations for the site. This may include, but is-not limited to, Comprehensive Environmental Responses, Compensation and Liability Act (CERCLA), the National Contingency Plan (NCP), the transport, storage and disposal provisions of the Resource Conservation and Recovery Act (RCRA), the Hazardous Materials Transportation Act, Safe Drinking Water Act (SDWA), Clean Water Act (CWA), Toxic Substance Control Act (TSCA) and all other applicable Federal, State, and local laws and regulations as related to the specific project Activity. All work submitted by the Contractor may be subject to the review and approval of EPA and/or the appropriate State regulatory agency. Therefore, it is the responsibility of the Contractor to contact the appropriate regulatory agency(s) to determine the requirements for each project. The Contractor will be responsible for writing and submitting reports to regulatory agencies as directed by the COR. It is the Contractor's responsibility to find out from the regulatory agency(s) which guidance materials are current and applicable.

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

The Contractor shall obtain and/or prepare necessary permits, licenses, or other documents necessary to accomplish the prescribed work (see Clause 52.236-7). Any costs shall be included in the task order pricing quote.

CONTRACTOR QUALIFICATIONS AND REQUIREMENTS

The Contractor shall be a firm(s) regularly engaged in, and has demonstrated skill in, completion of work in those activities for which they submit offers. For work under Activity I, the Contractor shall provide a 24-hour emergency telephone number for use in initiating a response, site sampling, gathering technical information relating to containment, or stabilization of emergency incidents.

Work on this contract shall be accomplished under the direct supervision of a trained and experienced project manager. The Contractor shall ensure compliance where applicable laws and regulations require work to be carried out under the direction of a registered/licensed geologist or civil engineer.

Contractors shall supply a single point of contact for the purpose of communication/transmittal of task orders. An e-mail address and phone number is required for each contractor. Periodically, task orders will be sent to these contact persons for response, therefore regular attention to electronic communications may be critical for short notice awards.

TECHNICAL SPECIFICATIONS

The following specifications outline work as currently proposed in each of the five Activities.

However, the Government reserves the right to modify specific project activities based on new statutes or regulations, changed conditions or standards, the advice of involved Contractor, or other circumstances as indicated.

BIOBASED PRODUCTS

The Contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” and the Federal Acquisition Regulation to provide biobased products.

The Contractor shall utilize products and material made from biobased materials (e.g.,insulating foam, composite panels, and concrete and asphalt release fluids) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer Representative

(COR).

The following is an example list of products that may be used in this contract for minor construction for which biobased products are available. The list is not all inclusive. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Hydraulic fluids Penetrating lubricants Concrete and asphalt release fluids Absorbents Diesel fuel additives Greases Dust suppressants 2-cycle engine oil Wood and concrete sealers Fertilizers Roof coatings Water tank coatings Adhesive and mastic removers Cleaners Sorbents Floor finish Floor stripper Composite panels Insulating foam Sealers Carpet Metalworking fluids Graffiti and grease removers Stain removers Degreasers De-icers Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material.

In addition to the biobased products designated by the U.S. Department of Agriculture in the BioPreferred Program, the Contractor is encouraged to use other commercially available biobased products.

The awarded Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes.

The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product Certification.

The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

RECORDS MANAGEMENT

The Program Manager (PM) / Project Lead and deputy (if applicable) is required to complete USDA Records Management training is required to be completed within 60 days of BPA award and on an annual basis thereafter. The COR will provide instruction on how to obtain the training.

DESIGNATION OF CONTRACTNG OFFICER'S REPRESENTATIVE

The Contracting Officer's Representative (COR) is responsible for administrating the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order or other matter deviating from the terms of this contract be effective or binding upon the government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract. The Contracting Officer should be informed as soon as possible or any actions, or inactions, by the Contractor, or the Government, which will change the required delive1y or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual assignments which were issued by the COR provided they do not affect the delivery schedule, or the performance period stated in the contract.)

On all matters that pertain to the contract terms, the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing, if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

AGRICULTURE ACQUISITION REGULATION CLAUSES

452.246-70 Inspection and Acceptance (FEB 1988)

CONTRACTOR QUALITY CONTROL SYSTEM

The Contractor shall identify the quality control inspection system it will use to ensure that contract specifications will be achieved. At no time shall the contractor rely upon Government inspections to provide notification of unsatisfactory performance.