127EAV23R0002 2.24.23.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

7EAV

ALBUQUERQUE NM 87102-3498

333 BROADWAY BLVD SE

USDA-FS CSA SOUTHWEST 5

8371 CODE 16. ADMINISTERED BYCODE

X

X

562910

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR7EAV

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

03/27/2023 1600 MT

02/24/2023

602-225-5350DAVID WATSON

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

127EAV23R0002

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 93OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

ALBUQUERQUE NM 87102

333 BROADWAY SE

SOUTHWESTERN REGION

15. DELIVER TO

ALBUQUERQUE NM 87102-3498

333 BROADWAY BLVD SE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA-FS CSA SOUTHWEST 5

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Period of Performance: 04/03/2023 to 04/02/2024

0001 Environmental Services 1 LS

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

30 2 of

PART I – THE SCHEDULE

SECTION A - SUPPLIES OR SERVICES AND PRICES/COSTS

CERCLA ENVIRONMENTAL RESPONSE ACTIONS

A.1: SCHEDULE OF ITEMS

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.

Contractors should list additional personnel positions, equipment, and other rates anticipated to be used under this contract but not indicated below. If firms submit a Rate Schedule in lieu of Section A-1 - Schedule Of Items, the Rate Schedule shall not supersede the Notes for Section A or any provisions or clauses within this solicitation or contract.

Note, the Davis-Bacon Act applies to all activities that are “construction work” within the meaning the DBA and the implementing regulations of 29 CFR Part 5.

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

ACTIVITY I: Site Assessment/Characterization ACTIVITY II: Removal Action Support ACTIVITY III: Removal Action Implementation ACTIVITY IV: Remedial Action Support ACTIVITY V: Remedial Action Implementation ACTIVITY VI: Enforcement Support ACTIVITY VII: Other Technical Support and Assistance

(Correlates with Activities listed in Section B)

Base Period: 12 months from award date A) Personnel:

Program Manager HR $ __________ Project Manager HR $ __________ Senior Engineer/PE HR $ __________ Geotechnical Engineer/PE HR $ __________ Geologist HR $ __________ Engineer HR $ __________ Senior Scientist HR $ __________ Scientist I/Staff Scientist HR $ __________ Hydrologist HR $ __________ Chemist HR $ __________ Biologist HR $ __________ Soil Scientist HR $ __________

Toxicologist HR $ __________ Risk Assessor HR $ __________ Health and Safety Specialist/Industrial Hygienist HR $ __________ Field Technician HR $ __________ Draftsperson HR $ __________ Surveyor HR $ __________ Onsite Inspector (Remedial/Removal actions) HR $ __________ Paralegal HR $ __________ Admisistrative Assistant (clerical) HR $ __________ Other HR $ __________

B) Equipment:

Sedan MI $ __________

DAY $ __________

Light Truck and Suburban MI $ __________

DAY $ __________

Truck Mid-Size less than 26,000 lbs GVW MI $ __________

DAY $ __________

Truck greater than 26,000 lbs GVW MI $ __________ Drilling Rig (wells) DAY $ __________ Drilling Rig (soil DAY $ __________ Field Testing Equipment

-Photo-Ionization Detector DAY $ __________ -Flame Ionization Detector DAY $ __________ -Field XRF DAY $ __________ -Combustible Gas Indicator DAY $ __________ -PCB Test Kit DAY $ __________ -pH Meter DAY $ __________ -Other $ __________

Personal Protection Equipment

-Level A Per person Per Hour $ __________ -Level B Per person Per Hour $ __________ -Level C Per person Per Hour $ __________ -Level D Per person Per Hour $ __________

C) Analytical & Subcontracted Services Provide a separate list of lab rates

D) Other $ __________

Optional Year I: 12 months from base period of performance

A) Personnel:

Program Manager HR $ __________ Project Manager HR $ __________ Senior Engineer/PE HR $ __________ Geotechnical Engineer/PE HR $ __________ Geologist HR $ __________ Engineer HR $ __________ Senior Scientist HR $ __________ Scientist I/Staff Scientist HR $ __________ Hydrologist HR $ __________ Chemist HR $ __________ Biologist HR $ __________ Soil Scientist HR $ __________ Toxicologist HR $ __________ Risk Assessor HR $ __________ Health and Safety Specialist/Industrial Hygienist HR $ __________ Field Technician HR $ __________ Draftsperson HR $ __________ Surveyor HR $ __________ Onsite Inspector (Remedial/Removal actions) HR $ __________ Paralegal HR $ __________ Admisistrative Assistant (clerical) HR $ __________ Other HR $ __________

B) Equipment:

Sedan MI $ __________

DAY $ __________

Light Truck and Suburban MI $ __________

DAY $ __________

Truck Mid-Size less than 26,000 lbs GVW MI $ __________

DAY $ __________

Truck greater than 26,000 lbs GVW MI $ __________ Drilling Rig (wells) DAY $ __________ Drilling Rig (soil DAY $ __________ Field Testing Equipment

-Photo-Ionization Detector DAY $ __________ -Flame Ionization Detector DAY $ __________ -Field XRF DAY $ __________ -Combustible Gas Indicator DAY $ __________ -PCB Test Kit DAY $ __________ -pH Meter DAY $ __________ -Other $ __________ officerPersonal Protection Equipment

-Level A Per person Per Hour $ __________ -Level B Per person Per Hour $ __________ -Level C Per person Per Hour $ __________ -Level D Per person Per Hour $ __________

C) Analytical & Subcontracted Services Provide a separate list of lab rates

D) Other $ __________

Optional Year II: 12 months from option I period of performance

A) Personnel:

Program Manager HR $ __________ Project Manager HR $ __________ Senior Engineer/PE HR $ __________ Geotechnical Engineer/PE HR $ __________ Geologist HR $ __________ Engineer HR $ __________ Senior Scientist HR $ __________ Scientist I/Staff Scientist HR $ __________ Hydrologist HR $ __________ Chemist HR $ __________ Biologist HR $ __________ Soil Scientist HR $ __________ Toxicologist HR $ __________ Risk Assessor HR $ __________ Health and Safety Specialist/Industrial Hygienist HR $ __________ Field Technician HR $ __________ Draftsperson HR $ __________ Surveyor HR $ __________ Onsite Inspector (Remedial/Removal actions) HR $ __________ Paralegal HR $ __________ Admisistrative Assistant (clerical) HR $ __________ Other HR $ __________

B) Equipment:

Sedan MI $ __________

DAY $ __________

Light Truck and Suburban MI $ __________

DAY $ __________

Truck Mid-Size less than 26,000 lbs GVW MI $ __________

DAY $ __________

Truck greater than 26,000 lbs GVW MI $ __________ Drilling Rig (wells) DAY $ __________ Drilling Rig (soil DAY $ __________ Field Testing Equipment

-Photo-Ionization Detector DAY $ __________ -Flame Ionization Detector DAY $ __________ -Field XRF DAY $ __________ -Combustible Gas Indicator DAY $ __________ -PCB Test Kit DAY $ __________ -pH Meter DAY $ __________ -Other $ __________

Personal Protection Equipment

-Level A Per person Per Hour $ __________ -Level B Per person Per Hour $ __________ -Level C Per person Per Hour $ __________ -Level D Per person Per Hour $ __________

C) Analytical & Subcontracted Services Provide a separate list of lab rates

D) Other $ __________

Optional Year III: 12 months from option II period of performance

A) Personnel:

Program Manager HR $ __________ Project Manager HR $ __________ Senior Engineer/PE HR $ __________ Geotechnical Engineer/PE HR $ __________ Geologist HR $ __________ Engineer HR $ __________ Senior Scientist HR $ __________ Scientist I/Staff Scientist HR $ __________ Hydrologist HR $ __________ Chemist HR $ __________ Biologist HR $ __________ Soil Scientist HR $ __________ Toxicologist HR $ __________ Risk Assessor HR $ __________ Health and Safety Specialist/Industrial Hygienist HR $ __________ Field Technician HR $ __________ Draftsperson HR $ __________

Surveyor HR $ __________ Onsite Inspector (Remedial/Removal actions) HR $ __________ Paralegal HR $ __________ Admisistrative Assistant (clerical) HR $ __________ Other HR $ __________

B) Equipment:

Sedan MI $ __________

DAY $ __________

Light Truck and Suburban MI $ __________

DAY $ __________

Truck Mid-Size less than 26,000 lbs GVW MI $ __________

DAY $ __________

Truck greater than 26,000 lbs GVW MI $ __________ Drilling Rig (wells) DAY $ __________ Drilling Rig (soil DAY $ __________ Field Testing Equipment

-Photo-Ionization Detector DAY $ __________ -Flame Ionization Detector DAY $ __________ -Field XRF DAY $ __________ -Combustible Gas Indicator DAY $ __________ -PCB Test Kit DAY $ __________ -pH Meter DAY $ __________ -Other $ __________

Personal Protection Equipment

-Level A Per person Per Hour $ __________ -Level B Per person Per Hour $ __________ -Level C Per person Per Hour $ __________ -Level D Per person Per Hour $ __________

C) Analytical & Subcontracted Services Provide a separate list of lab rates

D) Other $ __________

Optional Year IV: 12 months from option III period of performance

A) Personnel:

Program Manager HR $ __________ Project Manager HR $ __________ Senior Engineer/PE HR $ __________ Geotechnical Engineer/PE HR $ __________

Geologist HR $ __________ Engineer HR $ __________ Senior Scientist HR $ __________ Scientist I/Staff Scientist HR $ __________ Hydrologist HR $ __________ Chemist HR $ __________ Biologist HR $ __________ Soil Scientist HR $ __________ Toxicologist HR $ __________ Risk Assessor HR $ __________ Health and Safety Specialist/Industrial Hygienist HR $ __________ Field Technician HR $ __________ Draftsperson HR $ __________ Surveyor HR $ __________ Onsite Inspector (Remedial/Removal actions) HR $ __________ Paralegal HR $ __________ Admisistrative Assistant (clerical) HR $ __________ Other HR $ __________

B) Equipment:

Sedan MI $ __________

DAY $ __________

Light Truck and Suburban MI $ __________

DAY $ __________

Truck Mid-Size less than 26,000 lbs GVW MI $ __________

DAY $ __________

Truck greater than 26,000 lbs GVW MI $ __________ Drilling Rig (wells) DAY $ __________ Drilling Rig (soil DAY $ __________ Field Testing Equipment

-Photo-Ionization Detector DAY $ __________ -Flame Ionization Detector DAY $ __________ -Field XRF DAY $ __________ -Combustible Gas Indicator DAY $ __________ -PCB Test Kit DAY $ __________ -pH Meter DAY $ __________ -Other $ __________

Personal Protection Equipment

-Level A Per person Per Hour $ __________ -Level B Per person Per Hour $ __________ -Level C Per person Per Hour $ __________ -Level D Per person Per Hour $ __________

C) Analytical & Subcontracted Services Provide a separate list of lab rates

Other $ __________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECTFOR

36. PAYMENT 37. CHECK NUMBER

|PARTIAL | |FINAL

COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

41 b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41 c. DATE 42b. RECEIVED AT (Location)

42c. DATE RECD (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV.3/2005) BACK

NOTES TO SECTION A:

Labor Rates:

All hourly labor rates are to be fully loaded, inclusive of direct costs, indirect costs, overhead or general and administrative expense (G&A), profit, and incidental materials costs.

The Davis-Bacon Act applies to all activities that are “construction work” within the meaning the DBA and the implementing regulations of 29 CFR Part 5.

Personnel:

On-site personnel are required to have, as a minimum, OSHA compliant training.

Additional qualifications will depend on the nature of the work.

Paralegals shall possess the ability to perform PRP research, such as history of mine ownership, tracking of corporate succession, etc. A paralegal may work with legal counsel depending on the complexity and extent of the research which they are performing in the PRP search.

Equipment:

Major equipment shall be negotiated as required for a specific delivery order.

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

Typical drilling rigs for this contract would be a hollow stem auger would be used to drill to a depth of less than 100 feet in unconsolidated material for collecting samples at various intervals or a rig for installing a 2-inch dia. shallow groundwater monitoring well.

For daily drilling rig unit prices, assume that the drill rig is onsite (no move-in or move-out costs) and do not include well construction materials. Just include the cost of the drill rig itself and the operator(s).

Bidders may submit additional items under each category in the Schedule Of Items, if they wish.

Travel:

Travel and per diem shall be limited to rates established in the Federal Travel Regulations for localities where work is performed.

Materials:

Materials (other than incidentals) shall be negotiated as required for a specific delivery order.

If firms submit a Rate Schedule in lieu of Section B-1, Schedule of Items, the Rate Schedule shall not supersede the Notes for Section B or any provisions or clauses within this solicitation or resulting contract.

Firms shall submit a Rate Schedule in of Section B-1, Schedule of Items, If firms submit a Rate Schedule in addition of Section B-1, Schedule of Items, the Rate Schedule shall not supersede the Notes for Section B or any provisions or clauses within this solicitation or resulting contract.

A.2: INDEFINITE QUANTITY

This is an Indefinite Quantity contract as contemplated by FAR 16.504. The total scope of the technical tasks for which orders may be issued is set forth in Section C – Description and Specifications of this contract. The maximum dollar amount the Government may order under this contract, inclusive of all options, is $15,000,000.00;

the minimum amount is $1,000.00.

A.3: PERSONNEL AUTHORIZED TO PLACE ORDERS AGAINST THIS CONTRACT

The following Forest Service personnel are authorized to place, compete, award, and administer task orders under this contract:

Only authorized Warranted Contracting Officers within the Forest Service, Region 3, within the limits of their warrant, are authorized and may award and administer a task order for work covered by this contract within the physical boundaries of this contract. Contracting Officers placing task orders under this contract are to provide a copy of the task order to the Regional Environmental Engineer of Southwestern Region in Albuquerque, NM at the time of award. Contracting Officers within the Forest Service from Region 3 are authorized and may award and administer a task order for work covered by this contract within the physical boundaries of their region. Any work outside Region 3 is at the option of the Contractor. If the Contractor chooses to perform work under this contract outside of Region 3, the Contractor must ensure that its capabilities to bid on and perform work for Region 3 are not adversely affected.

The Managing IDIQ Contracting Officer is:

(DAVID WATSON)

Forest Service Southwestern Region 333 Broadway Blvd. SE

Albuquerque, NM 87102 Office: 505-842-3340 Email:

(david.l.watson@usda.gov)

Task Order Competition

Delivery orders under this contract may be placed by Forest procurement officials within their delegated procurement authority. Where time allows, competition among the awarded contractors for a delivery order is encouraged; however, orders may be placed non-competitively if a public exigency exists as determined by the procurement official by written determination. Orders will be negotiated as to schedule items and quantities required to perform the work but will result in a firm fixed-price delivery order. Unless otherwise specified, contractor shall provide a proposal for a specific delivery order within 10 calendar days after the initial contact by the Forest Service procurement officer. Award of task orders will be evaluated based on price only UNLESS specified otherwise.

A.4: DELIVERY ORDER CEILING

A ceiling price will be specified for each individual project delivery order. The Contractor shall not make expenditures or incur obligations in the performance of a delivery order which exceed the ceiling price specified therein, except at the Contractor's own risk.

A.5: MINIMUM AND MAXIMUM CONTRACT AMOUNTS

The maximum contract value may not exceed $15,000,000.00 aggregate total per award. The minimum guarantee for the contract shall be $1,000.00 per award over life of contract. The value of the individual task orders executed under this contract may range from $5,000.00 to $3,500,000.00. Multiple task orders may be awarded with similar completion schedules and overlapping delivery dates. Contract term is for five years (base plus 4 option years), or until the maximum dollar limit is reached, whichever occurs first. Estimated start date for this contract is TBD.

The Government makes no representation as to the number of task orders or the actual amount of work to be ordered. Contractors are not guaranteed work in excess of the minimum guarantee.

Orders Placed Under Multiple Award, FAR 16.505(B)(2) is modified to state: ...each awardee shall be provided a fair opportunity to be considered for each order in excess of $25,000. The above modification to FAR 16 allows procurement officials the option to place orders under $25,000 on a noncompetitive basis; however, the procurement official may compete orders under $25,000.

davidwatson2 Highlight

PART I - THE SCHEDULE

SECTION B – DESCRIPTION AND SPECIFICATIONS

I. BACKGROUND/SCOPE OF WORK

The intent of this contract is to secure the professional services of one or more Contractors to provide technical services for site response activities. This includes conducting various evaluations, studies, and reports as specified in the National Contingency Plan (NCP) found in 40 CFR 300 or as required by the Resource Conservation and Recovery Act (RCRA) or other federal or state hazardous waste cleanup regulations. The Contractor may be requested to complete the following studies; Phase I Environmental Site Assessments (ESA), Preliminary Assessment (PA), Site Inspection (SI), combined PA/SI, Potentially Responsible Party (PRP) Search, Risk Assessment, an Engineering Evaluation/Cost Analysis (EE/CA), a Remedial Investigation/Feasibility Study (RI/FS), or other documents required for CERCLA response actions, including enforcement support.

The Contractor may also be requested to implement the CERCLA site remedy in accordance with the NCP with approved work plans and decision documents. Work under this contract is broken into the following Work activities/areas

Activity I : Site Assessment/Charaterization Activity II : Removal Action Support Activity III : Removal Action Implementation Activity IV : Remedial Action Support Activity V : Remedial Action Implementation Activity VI : Enforcement Support Activity VII : Other Technical Support and Assistance

It is envisioned that a majority of the projects in all of the activity areas will involve abandoned/inactive mine sites, shooting ranges, dumps, landfills, land adjustments (acquisitions/conveyances), etc.

Some of the products in each Activity may be reviewed by entities outside of the Forest Service (for example, the Environmental Protection Agency (EPA), the State, the Public).

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 mine waste material, water, soil, sediment, wipe, and possibly air samples in the field. The Contractor shall assume financial responsibility for re-sampling if data is unusable because of identified problems with sampling techniques, handling or shipping problems, sampling requirements (such as insufficient sample material collected, inappropriate sample preservation, inappropriate sample locations)as well as, laboratory error or laboratory contamination.

The 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 would be available to the Government upon request.

All projects will be negotiated prior to starting work and will be on an “as-needed” individual order basis. All work shall be accomplished as a turnkey operation. That is, the Contractor will provide all appropriate labor, equipment, materials, supervision, and transportation needed to investigate, assess or classify the site, and prepare the requested documents required by the specific project delivery order.

In addition, the Contractor while working on any Activity under this contract shall consult with and provide technical data and advice to Forest Service 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.

II. GENERAL CONTRACT REQUIREMENTS

A) Project Location

i) Projects may be located anywhere throughout Southwestern Region of the Forest Service (Region 3). Region 3 includes 6 national forests in Arizona and 5 national forests in New Mexico, and as part of the Cibola National Forest there are 3 national grasslands, one each in North-Eastern New Mexico, West Oklahoma, and Northwest Texas. Some of the work may encompass private land adjacent to national forest lands. The intent of this contract is to secure the technical services of one or more contractors to provide services for the following geographic areas:

Arizona – National Forests including the Apache-Sitgreaves (0301), Coconino (0304), Coronado (0305), Kaibab (0307), Prescott (0309), and Tonto (0312).

New Mexico – National Forests and Grasslands including the Carson (0302), Cibola (0303), Gila (0306), Lincoln (0308), Santa Fe (0310), Regional Office (0316), and other Forest Service units within these areas. Cibola National Forest includes 3 national grasslands, one each in North-Eastern New Mexico, West Oklahoma, and Northwest Texas.

A map of the Region depicting National Forests and Grasslands is provided herein as Attachment B. Contractors shall demonstrate the ability to fulfill the required tasks with in-house personnel or subcontracted partners.

Most of the projects will be for the Forest Service in Region 3.

Additionally, the Contractor may be offered the opportunity to perform work in Region 5. Region 5 includes 18 National Forests located primarily in California with some small acreage along the California/Nevada Border and the California/Oregon border. Any work outside Region 3 is at the option of the Contractor. If the Contractor chooses to perform work under this contract outside of Region 3, the Contractor must ensure that its capabilities to bid on and perform work for Region 3 are not adversely affected.

B) Government Furnished Property

i) The Government may provide Government property to the Contractor(s) for use in the performance of this contract as available and as mutually agreed between the Contractor(s) and the Government. This property shall be used and maintained by The Contractor(s) in accordance with the provisions of the Government Furnished Property clause, 52.245-4. Government furnished property typically includes items like maps, aerial photos, and previous reports. The government furnished property items will be listed in the Statement of Work for each individual task.

C) Compliance with Laws and Regulations

i) The Contractor shall comply with all applicable Federal, State, interstate and local laws, environmental laws, regulations, and requirements. This includes compliance with the National Contingency Plan (NCP), the Resource Conservation and Recovery Act (RCRA), Arizona, New Mexico, Oklahoma, and Texas Administrative Codes, and Health and Safety Codes. The duty of the Contractor to comply with all current applicable laws, regulations and requirements takes precedence over any other duty or task described herein. Therefore, in the event that subsequent legislation or regulations conflict with prescribed procedures contained in this contract, said changes shall take precedence. Where changes to law, regulation or requirement necessitate a change to the contract, the parties agree to negotiate an equitable adjustment for it upon written notice from the Contractor. Unless said notice is received within 60 days of the effective date of the amendment to the statute or regulation, said regulation shall be deemed to be a no-cost change.

ii) All work submitted and performed 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 their requirements for each individual project. The government will be responsible for submitting reports to regulatory agencies unless other arrangements are approved by the Contracting Officer’s Representative (COR). It is the Contractor’s responsibility to find out from the regulatory agency(s) which guidance materials are current and applicable.

iii) The Contractor will be required to 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.

iv) The Contractor shall, without additional expense to the Forest Service, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State and local laws, codes, and regulations in connection with the execution of the work. This includes ensuring project related hazardous or toxic wastes are sent to licensed, permitted, and approved disposal sites. The Forest Service will obtain, as necessary, the required temporary EPA Identification Number for site cleanup activities.

D) Health and Safety Requirements

i) The Contractor shall perform all operations in a prudent, conscientious, safe and professional manner. The Contractor shall ensure that its agents, employees and subcontractors perform in a safe manner. The Contractor shall ensure that all personnel involved in site characterization and remediation activities are trained in the level of expertise required for the proper performance of the work activities.

Handling and personnel protective equipment shall be provided by the Contractor and must be appropriate to ensure safe handling of the hazardous waste (at a minimum, in accordance with 29 CFR 1910.120 et seq). The Contractor shall also provide notification to the Forest Service of all hazardous materials, which may be brought onto the National Forest as part of accomplishing the tasks under this contract. The Contractor agrees that his personnel and equipment are subject to safety inspections by Government personnel while on Federal property. Nothing in this section shall be construed to reduce or modify the duties and responsibilities of the Contractor toward its employees.

ii) The Contractor shall take such additional immediate precautions as the Contracting Officer or designated representative may reasonably require for safety and mishap prevention purposes.

iii) Prior to initiating field operations, all Contractor personnel shall have read and understood all Health and Safety requirements established by the Contractor. The Contractor shall insure that all personnel involved with field operations are medically qualified, properly trained and fitted to wear personal protective equipment.

E) Laboratory Qualifications and Requirements

i) The Contractor(s) may be required to use laboratory facilities for analysis of unknown chemicals/materials and potentially contaminated soil, groundwater, or surface water. The analytical laboratory chosen by the Contractor(s) to perform analysis shall be a State Certified Laboratory; and certified to perform the required analytical method at the time the tests are conducted. All analytical services shall be performed in accordance with the State specific requirements in which the project is located.

F) Contractor Caused Spills and Releases

i) The Contractor is solely responsible for any and all spills or leaks and subsequent clean ups that may be required during the performance of this contract which occur as a result of or are contributed to by the actions of its agents, employees, or subcontractors. The Contractor agrees to clean up such spills or leaks to the satisfaction of the Forest Service and in a manner that complies with applicable Federal, state, and local laws and regulations. The clean-up shall be at no cost to the Forest Service.

ii) The Contractor shall report all such spills or leaks, regardless of their quantity, to the Forest Service immediately upon discovery. A written follow-up report shall be submitted to the Forest Service no later than 24 hours after the initial telephonic report. The written report shall be in narrative form and as a minimum include the following:

a) Description of the item spilled (including identity, quantity, manifest no., etc.)

b) Whether amount spilled is EPA/state reportable, and if so whether it was reported, and to whom.

c) Exact time and location of spill including a description of the area involved.

d) Containment procedures initiated.

e) Summary of any communications contractor has with press, Federal, state and local regulatory agencies and officials, or Forest Service officials.

iii) Upon completion of the clean-up activities for contractor caused spills and releases, the Contractor shall submit a final clean-up certification report to the Forest Service.

The report shall include a description of clean-up procedures employed at the site, the final disposition and disposal location of spill residue. Include also copies of all spill related cleanup and closure documentation and correspondence from the regulatory agencies.

G) Hazardous Material/Waste Management

i) Material/Waste Management on National Forest Lands: The Contractor is responsible for seeing that all materials and wastes generated during the activities of this contract are managed in compliance with Federal, state and local environmental laws and regulations. This includes ensuring that all excavated contaminated soils are immediately placed into appropriate containers upon excavation and not stored directly on the ground. In those instances where contaminated soil stockpiling is necessary, soils shall be placed on a liner for containment purposes.

The Contractor(s) is responsible for seeing that all containers of hazardous site characterization and remediation wastes generated under the activities of this contract are removed from National Forest lands within the applicable regulatory time frames.

ii) Transporters: For all hazardous wastes transported under this contract, the Contractor shall present at time of offer, all applicable state waste hauler licenses and hauler numbers. Only experienced, licensed, transporters shall be used to haul hazardous wastes under this contract. The Contractor shall also provide and affix appropriate placards to each vehicle prior to leaving Forest Service premises and ensure that all EPA, DOT and State transporter requirements are met.

The contractor will comply with, and ensure that all applicable subcontractors comply with, all requirements of 49 CFR 100-199, regarding waste transportation under this contract. Complete compliance with these regulations shall include, but not be limited to, ensuring that emergency response information is carried on transport vehicles and maintained at facilities where hazardous materials are received, stored, or handled during transportation. Shipping papers will contain an emergency response telephone number supplied by the disposal contractor which is monitored 24 hours a day in order to provide immediate, detailed emergency information to personnel reacting to emergencies. Technical names will be included in the descriptions of materials reflected on shipping papers by "not otherwise specified" (n.o.s.) descriptions.

iii) Off-Site Recycling and Treatment/Storage/Disposal Facilities: The Contractor shall identify each recycling and/or TSD facility, which may receive hazardous materials/wastes under this contract. Each TSD facility must have, as a minimum;

EPA RCRA permitted or state approval as a treatment or disposal facility and is in good standing with the regulatory community. The Contractor agrees that no facility other than those initially accepted by the Government in the award process will be used. The Forest Service on a case-by-case basis may accept additional TSD facilities.

In an effort to reduce the Region’s future liability for the wastes it generates, ALL wastes and contaminated media managed under this contract shall be sent to only those treatment/ storage/disposal facilities that are in compliance with EPA’s “Off- Site Rule” (40 CFR 300.400 on the U.S. Environmental Protection Agency’s “Off-Site Rule” list. The Contractor shall provide confirmation that the proposed off-site facility is Off-Site Rule compliant prior to the initiation of any shipment.

H) Contractor Qualifications/Staffing/Key Personnel

i) All work on this contract must be accomplished under the direct on-site supervision of a project manager with training and experience in the task to be performed. The Contractor(s) shall provide documentation on the Contractor’s educational and work experience and training program sufficient to demonstrate compliance with OSHA, CERCLA, RCRA, TSCA, DOT and state requirements relative to site investigation and remediation work as well as hazardous or toxic material handling. The Contractor shall provide proof that initial and refresher training is being accomplished for key individuals, including those persons who will be performing the on-site fieldwork.

ii) The Contractor shall designate a site/project lead and one alternate who are expressly familiar with the requirements of the assignment. A staffing plan may be required for an individual task order. If required, the plan should identify the number and kinds of disciplines proposed for the work required and be submitted to the Task Order Project Officer (PO), Contracting Officer or the designated site On-Scene Coordinator or Remedial Project Manager within 5 calendar days of receipt of the assignment. The On-Scene Coordinator is typically the Contracting Officer’s Representative (COR).

iii) In performing any task in the Part III of Section C, the Contractor shall not substitute site lead or site lead alternate personnel working on any site or assignment without the advance approval from the USDA Forest Service designated site On-Scene Coordinator, Remedial Project Manager and/or Project Officer. It is the responsibility of the Contractor to provide the substituted personnel with all of the site information necessary to complete the work without delays. It is expected that the Contractor will provide at least 2-weeks’ notice to USDA Forest Service to transition new, qualified personnel to an existing assignment and that any transition will be done at the Contractor’s expense.

iv) If there is a change in key personnel during the life of the project, the contractor shall insure the continuity of the project, including schedules and deadlines. The Contractor shall notify the Forest Service in writing for any change in personnel at least 15 calendar days prior to making any permanent substitutions. 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 must 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.

I) Confidentiality Of Information

i) Any data that is generated or obtained during contract performance shall be considered confidential and shall not be disclosed to anyone other than employees of USDA Forest Service, USDA Office of the General Counsel or to the Department of Justice without the prior written approval of the Contracting Officer. Nor shall any such data be used for any other purpose except in connection with this contract.

Any data generated or obtained during contract performance shall be delivered to the Government at the request of the Contracting Officer.

ii) The Contractor recognizes that Contractor employees in performing this contract may have access to data, either provided by the Government or first generated during contract performance, of a sensitive nature which should not be released to the public without USDA Forest Service approval. Therefore, the Contractor agrees to ensure that its employees working on requirements under this contract adhere to confidentiality requirements.

iii) If a Contractor, through an employee or otherwise, is subpoenaed to testify or produce documents, which could result in such disclosure, the Contractor must provide immediate advance notification to the USDA Forest Service so that the USDA Forest Service can authorize such disclosure or have the opportunity to take action to prevent such disclosure.

iv) The USDA Forest Service may terminate this contract, or a task order issued under this contract for convenience, in whole or in part, if it deems such termination necessary to prevent the unauthorized disclosure of information to outside entities. If such a disclosure occurs without the written permission of the USDA Forest Service Contracting Officer, the Government may terminate the contract, for default or convenience, or pursue other remedies as may be permitted by law or this contract.

J) Treatment of Confidential Business Information

i) The Contracting Officer, after a written determination by the appropriate program office, may disclose confidential business information (CBI) to the Contractor necessary to carry out the work required under this contract. The Contractor agrees to use the CBI only under the following conditions:

a) The Contractor and Contractor's employees shall: i) use the CBI only for the purposes of carrying out the work required by the contract; ii) not disclose the information to anyone other than properly cleared USDA employees without the prior written approval of the Contract Officer; and iii) return to the Contracting Officer all copies of the information, and any abstracts or excerpts there from, upon request by the Contracting Officer, whenever the information is no longer required by the Contractor for the performance of the work required by the contract, or upon completion of the contract.

b) The Contractor shall obtain a written agreement to honor the above limitations from each of the Contractor's employees who will have access to the information before the employee is allowed access.

c) The Contractor agrees that these contract conditions concerning the use and disclosure of CBI are included for the benefit of, and shall be enforceable by, both USDA Forest Service and any affected businesses having a proprietary interest in the information.

d) The Contractor shall not use any CBI supplied by USDA Forest Service or obtained during performance hereunder to compete with any business to which the CBI relates.

ii) The Contractor agrees to obtain the written consent of the CO, after a written determination by the appropriate program office, prior to entering into any subcontract that will involve the disclosure of CBI by the Contractor to the subcontractor. The Contractor agrees to include this clause, including this paragraph

(ii), in all subcontracts awarded pursuant to this contract that require the furnishing of CBI to the subcontractor.

K) Technical Direction

i) The site On-Scene Coordinator/Remedial Project Manager, Contracting Officer’s Representative (COR), and/or Project Officer is the primary representative of the Contracting Officer authorized to provide technical direction on contract performance.

ii) Individuals other than the site On-Scene Coordinator/Remedial Project Manager, COR, and/or Project Officer may be authorized to provide technical direction. If individuals other than the site On-Scene Coordinator/Remedial Project Manager, COR, and/or Project Officer are authorized to provide technical direction, their names will be specified in the contract, task order or technical direction document as appropriate.

iii) The site On-Scene Coordinator/Remedial Project Manager, COR, and/or Task Order Project Officer or Task Manager is authorized to provide technical direction, subject to the limitations set forth below, only on his/her Task Order.

iv) Technical direction includes, but is not limited to :

a) Direction to the contractor which assists the contractor in accomplishing the Statement of Work and/or Task Order.

b) Comments on and approval of reports or other deliverables.

c) Requests for the Contractor to submit a revised work plan and cost proposal.

v) Technical direction must be within the contract and the Task Order or technical direction document statement of work. The Project Officer or any other technical representative of the Contracting Officer does not have the authority to issue technical direction which (1) institutes additional work outside the scope of the contract and/or Task Order; (2) constitutes a change as defined in the "Changes" clause; (3) causes an increase or decrease in the estimated cost of the contract and/or Task Order; (4) alters the period of performance; or (5) changes any of the other express terms or conditions of the contract, Task Order or technical direction document.

vi) Technical direction will be issued in writing or confirmed in writing within five (5) calendar days after verbal issuance. One copy of the Technical Direction Memorandum will be forwarded to the Contracting Officer and the Project Officer.

L) Authority to Take Direction

i) The contractor agrees to make whatever arrangements are necessary to ensure that there is someone on-scene at all times with the authority to take technical direction from the Forest Service On-Scene Coordinator, Remedial Project Management or Project Coordinator and to manage the activities being performed. If work is being performed solely by Team Subcontractor personnel and there is no on-scene presence of a representative from the prime contractor's firm, the contractor agrees to provide such subcontractor(s) with the authority to take direction as its agent and to make decisions on behalf of the contractor.

M) Individual Project Ordering

i) Request/Description of Work: The Government will notify the Contractor in writing of each project falling under the appropriate activity area. This notification will include an outline of the scope of the project, the project location, 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 a statement of any Government-furnished property, maps, aerial photos, and project files when available and applicable. Projects in some activity areas may be accomplished in one or more phases. Also, a project may involve a single task, part of a single task, and/or multiple tasks as described under any one of the activity areas in Section C-

III.

ii) Work Plan: The Contractor shall provide the Government with a work plan and cost estimate for the project. An electronic copy and three (3) written copies of each work plan will be submitted or as specified in the task order’s Statement of Work (SOW). This work plan shall include, but is not limited to, the following:

a) A description of how the work shall be performed.

b) Specific exclusions/assumptions regarding the specific work to be performed.

c) A listing of all personnel assigned to the project and qualifications of each, if not previously provided (including any subcontractors).

d) A list of equipment to be available.

e) A list of supplies to be provided.

f) A work schedule.

g) A detailed cost estimate for the work to be performed.

h) Appropriate safety plan (where applicable)

i) Detailed sampling plan (where applicable)

j) Quality assurance plan (where applicable)

Additional specific details for work plan submittals for individual assignments may be issued under each Task Order. For 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.

All project work plans and cost estimates must be negotiated and approved by the contracting officer, in writing, prior to commencement of work. For phased projects, additional work plans and/or estimates will be required prior to the start of the next phase and must be approved by the contracting officer prior to commencement of work. Any work performed prior to the contractor’s receipt of a written “notification to proceed” shall be at the contractor’s own risk and expense.

iii) Task Order: All Task Orders issued under this contract will be placed by the Authorized Procurement Officials, listed separately. The Contractor shall keep a log of all time and materials expended on each project, for each personnel position, equipment used, etc.

All items billed by the Contractor will be in accordance to those items listed in the Schedule of Items, Section A, and will be identified by project. The categories of work listed in the Schedule of Items are not all inclusive. If additional pay items (including labor categories, personnel, equipment, supplies, etc.) are needed for an individual task order, the CO will negotiate those items and pay rates prior to issuing a task order and the contract will be modified accordingly.

iv) Deliverables: All technical reports, studies, work plans, etc. submitted under this contract shall be prepared in accordance with the requirements of applicable federal and state laws and regulations and shall meet the regulatory, technical, and professional standards set forth therein.

All technical reports, studies, health & safety plans, sampling and analysis plans, work plans, etc. submitted under this contract are Forest Service records.

N) Conflict Of Interest Certification

i) The Contractor shall provide the contracting officer a conflict of interest certification within twenty (20) calendar days of the award of work under this contract via a TO.

Where TO’s are issued for work on or directly related to a site, the contractor is only required to provide a conflict of interest…