Sol_140P8320Q0003_Amd_0001.pdf

(x)

140P8320Q0003 x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

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

x

PY3

Coulee Dam WA 99116-1259 1008 Crest Drive

DOI, NPS, PWR - OLYM MABO - LARO

PPY

Port Angeles WA 98362-6757 600 E. Park Avenue

NPS, PWR - OLYM MABO

09/11/20200001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

08/20/2020

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

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

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

ORDER NO. IN ITEM 10A.

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

Amendment 0001. This Amendment accomplishes the following:

1) Add Question and Answers document. See Amend 0001_Questions and Answers attachment.

2) Section E.1 Organizational Conflict of Interest (OCI) Certification has been updated.

See page 30 in the attached.

3) Section E.2 Addendum to FAR 52.212-1 Instruction to offerors-Commercial Items and E.4

Addendum to FAR 52.212-2 Evaluation-Commercial Items (Oct 2014) - Basis for Award Decision and Evaluation and Evaluation Factors have been updated. See pages 30-34. in the attached.

4) Attachment 5 has been changed. Instructions on how to obtain the report have been

Continued ...

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

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

Rodney Roberson

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 47

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140P8320Q0003/0001 updated. See attachment Amend 0001_Attachment 5

Sample RFQ for Sample Task Order.

5) The response date for quote submission has changed to Wednesday, October 21, 2020, 1700 PST.

You must complete boxes 15a-15c on this amendment. Submit this amendment with your quote submission.

Legacy Doc #: NPS

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Amendment 0001 Consulting Services for Environmental Remediation, Restoration, and Compliance SOLICITATION NO. 140P8320Q0003 for the Lake Roosevelt National Recreation Area (LARO)

4 updated 09 11 2020‐nj

Table of Contents

SECTION A – SF-1449 FORM, TABLE OF CONTENTS AND PRICE SCHEDULE………………… 1-6

A.1 SF-1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1-3

A.2 TABLE OF CONTENTS 4-5

A.3 FULLY BURDENED FIXED HOURLY RATES FOR MANAGEMENT,

ADMINISTRATION AND LABOR

SECTION B –DESCRIPTION OF WORK AND CONTRACT

MANAGEMENT..............……………..

6-15

B.1 DESCRIPTION OF WORK 6

B.2 CONTRACT TYPE 6

B.3 PERIOD OF PERFORMANCE 7

B.4 TASK ORDERS 7-8

B.5 LABORATORY REQUIREMENTS 8

B.6 VERIFICATION/VALIDATION 8

B.7 AGENCY – FURNISHED DATA 8

B.8 DISCIPLINES 8-9

B.9 DELIVERABLES 9

B.10 SUBCONTRACTORS 9

B.11 REGULATIONS AND GUIDANCE REQUIREMENTS 9

B.12 REGULATION AND GUIDANCE DOCUMENTS 10

B.13 PERMITS 10

B.14 CORPORATE CONTRACTOR QUALITY CONTROL PLAN (CQC PLAN) 10

B.15 ACCEPTANCE OF THE CQC PLAN 10

B.16 EXTRA SERVICES 11

B.17 CONTRACTOR ATTENDANCE AT CONFERENCES 11

B.18 USE AND RELEASE OF INFORMATION 11

B.19 SECURITY 11

B.20 ORDERING PROCEDURES 11-12

B.21 AUTHORITIES AND DELEGATIONS 12

B.22 AGENCY PROJECT MANAGER 12

B.23 ORGANIZATIONAL CONFLICT OF INTEREST (OCI) 13

B.24 NOTIFICATION OF CONFLICTS OF INTEREST REGARDING PERSONNEL 13-14

B.25 LIMITATION OF FUTURE CONTRACTING 14-15

B.26 ANNUAL CERTIFICATION 15

SECTION C – CONTRACT CLAUSES……………………………………………………………………. 16-29

C.1 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE

PROCESSING PLATFORM (IPP)

C.2 DEPARTMENT OF INTERIOR (DOI) LIABILITY INSURANCE 1428.301 (JUL 1996) 16-17

C.3 TAXES 17

C.4 PERSONAL SERVICES AND INHERENTLY GOVERNMENTAL FUNCTIONS ARE

PROHIBITED

C.5 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (OCT

2018)

17-21

C.6 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JUN 2020)

21-25

C.7 FAR 52.216-18 ORDERING (OCT 1995) 25-26

C.8 FAR 52.216-19 ORDER LIMITATIONS (OCT 1995) 26

C.9 FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995) 26

C.10 FAR 52.217-8 OPTIONS TO EXTEND SERVICES (NOV 1999) 27

C.11 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) 27

C.12 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 27

52.203-16 PREVENTION OF PERSONAL CONFLICT OF INTEREST (DEC 2011) 27

52.204-4 PRINTED ON COPIED DOUBLE SIDED ON POSTCONSUMER FIBER

CONTENT PAPER (MAY 2011)

52.204-13 SYSTEM FOR AWARDS MANAGEMENT MAINTENANCE (OCT 2018) 27

5 updated 09 11 2020‐nj

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016) 27

52.204-18 COMMERCIAL & GOVERNMENT ENTITY CODE MAINTENANCE (JUL

2016)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS (JUN 2016)

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION JAN 2019)

52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION JAN 2019)

52.227-14 RIGHTS IN DATA –GENERAL (MAY 2014)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) 27

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

C.13 FAR 31.205-46 TRAVEL COSTS 27-29

SECTION D – ATTACHMENTS AND APPENDIX………………………………………… 29

ATTACHMENT 1 FULLY BURDENED FIXED HOURLY RATES FOR MANAGEMENT,

ADMINISTRATION AND LABOR – SAMPLE PRICE SCHEDULE

ATTACHMENT 2 CONTRACTOR EXPERIENCE FORM 29

ATTACHMENT 3 DISCIPLINE EXPERIENCE FORM 29

ATTACHMENT 4 PAST PERFORMANCE QUESTIONNAIRE 29

ATTACHMENT 5 SAMPLE REQUEST FOR QUOTE (RFQ) FOR SAMPLE TASK ORDER 29

ATTACHMENT 6 WAGE DETERMINATIONS UNDER US DEPARTMENT OF LABOR 29

APPENDIX 1 POTENTIAL DISCIPLINES 29

SECTION E – SOLICITATION PROVISIONS…………………………………………………………… 30-47

E.1 ORGANIZATIONAL CONFLICT OF INTEREST (OCI) 30

E.2 ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS

(JUN 2020)

30-32

E.3 FAR 52.212-2 EVALUATION - COMMERCIAL ITEMS (OCT 2014) 32

E.4 ADDENDUM TO FAR 52.212-2 EVALUATIONS – COMMERCIAL ITEMS (OCT 2014) 33-34

E.5 FAR 52.212-3 OFFER REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL

ITEMS (JUN 2020)

E.6 1452.215-71 USE AND DISCLOSURE OF PROPOSAL INFORMAITON-DEPARTMENT

OF INTERIOR (APR 1984)

34-46

47-48

E.7 FAR 52.252-1 SOLICITATION PROVISION INCORPORATED BY REFERENCE (FEB

1998)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-22 ALTERNATE LINE ITEM PROPOSAL (JAN 2017)

52.212-1 INSTRUCTION TO OFFERORS-COMMERCIAL ITEMS (JUN 2020) 48

6 updated 09 11 2020‐nj

SECTION A – SF-1449 FORM, TABLE OF CONTENTS AND PRICE SCHEDULE

A.1 SF-1449 Solicitation/Contract/Order for Commercial Items (See cover – pages 1-3)

A.2 Table of Contents (See pages 4-5)

A.3. Fully-Burdened Fixed Rates for Management, Administration, and Labor

The labor component of all task orders issued under this Indefinite Delivery/Indefinite Quantity (IDIQ) contract will be based on fully-burdened hourly rates for full-time bona fide Contractor employees and subcontractor employees. Unless authorized as described in paragraph B.8.1, Disciplines, only the skills and/or disciplines listed in the IDIQ contract are to be used in the performance of the contract. Also as described in paragraph B.8.2, any personnel that are replaced must have the same general background and level of experience as the evaluated personnel.

SECTION B –DESCRIPTION OF WORK AND CONTRACT MANAGEMENT

B.1 Description of Work

Work performed under this Contract will support National Park Service (NPS) involvement in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Site in the Upper Columbia River that includes Lake Roosevelt National Recreation Area (LARO) (https://www.ucr-rifs.com/ ). The Site is defined in Environmental Protection Agency (EPA) documents as the Columbia River from the Canadian border to Coulee Dam, Washington, however, not all of this site is NPS jurisdiction. This Contract will support NPS efforts to complete remedial investigation/feasibility studies, natural resource damage assessment and restoration efforts and other environmental compliance-related resource management projects. The work of the contract will utilize established science and engineering.

The Contract may (1) include tasks related to planning for and logistical support of environmental sampling, data management, and laboratory analysis followed by data interpretation, (2) tasks related to development of conceptual remediation and restoration designs based on Site information and research in coordination with NPS staff, and (3) other environmental compliance tasks involving but not limited to the National Environmental Policy Act (NEPA), National Historic Preservation Act (NHPA), Clean Water Act (CWA), and Endangered Species Act (ESA) that do not involve the CERCLA Site.

B.2 Contract Type

The NPS intends to award a single Indefinite Delivery/Indefinite Quantity (IDIQ) contract against which firm, fixed-price (FFP) task orders will be issued. The IDIQ contract will consist of a Base Period and Four Option Years. The base contract establishes overall procedures, technical disciplines and the maximum labor rates for use in pricing task orders. Task orders will be independent of one another and will include a detailed Statement of Work broken down into tasks and subtasks, deliverables, schedule, completion date, and lump-sum price.

7 updated 09 11 2020‐nj

B.3 Period of Performance (POP)

Performance of this contract shall begin on “Date of Award” through September 30, 2021 (Base Period), plus four (4) Option Years. If the Government exercises its option to extend the contract, the following schedule shall prevail:

Base Period Date of Award through September 30, 2021 Option Year 1 October 01, 2021 through September 30, 2022 Option Year 2 October 01, 2022 through September 30, 2023 Option Year 3 October 01, 2023 through September 30, 2024 Option Year 4 October 01, 2024 through September 30, 2025

B.4 Task Orders

The NPS may issue one or more task orders for each category described below. Each task order request for quotation (RFQ) will be detailed with specific services and expertise requirements (refer to Paragraph B.22 for Ordering Procedures).

B.4.1 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Remedial Investigation/Feasibility Study (RI/FS) Technical Assistance The Contractor may be tasked with developing technical recommendations on aspects commonly encountered in a CERCLA RI/FS. For example, a Task Order issued under this section might involve evaluation of proposed treatability studies on the Upper Columbia River Site in preparation for remediation of metals contamination in accordance with CERCLA National Contingency Plan guidance. The contractor might review remedial investigation data and assess feasibility of treatment, site location, data quality objectives of proposed tests and identification of potential downstream impacts subject to the proposed methodology and approach in its task order proposal. The probable deliverable is a report that identifies recommendations and potential issues and/or impacts and possible solutions for each study. DOI/NPS would potentially utilize the contract deliverable to request the EPA or potentially responsible party (PRP) to consider or accept recommendations or solutions. Task orders issued under this section may be furnished as final, completed documents to the EPA or PRP or may be submitted for review, and finalized by the Contractor based on EPA or PRP input.

B.4.2. Technical Assistance for the Upper Columbia River/Lake Roosevelt Site Natural Resource Damage Assessment and Restoration (NRDAR) Efforts The Contractor may be tasked with developing technical recommendations on aspects commonly encountered in a NRDAR. The DOI/NPS would utilize the contract deliverable to request the PRP to consider or accept comments or recommendations. For example, a Task Order may involve evaluation of proposed restoration projects in the Upper Columbia River Basin. It is anticipated that the Contractor would review existing Site data, assess feasibility of the project, determine probability of success, estimate project cost, and make recommendations to increase the likelihood of a successful outcome. The expected deliverable may be a report to the DOI/NPS with recommendations identifying potential technical issues and suggested improvements, and an estimated cost for the life of the project.

B.4.3. Other Resource Management Technical Assistance The Contractor may be tasked with providing technical support in developing projects or preparing environmental compliance documents. Technical assistance tasks for LARO may include but not be limited to engineering support in developing project alternatives and cost estimates, archaeology support for National Historic Preservation Act (NHPA) requirements and condition assessments, environmental science support with National Environmental Policy Act

8 updated 09 11 2020‐nj

(NEPA) document preparation support, and forestry support with forest health assessments and project development.

B.5 Laboratory Requirements

All task order quotations shall identify the name and location of the prime and secondary ( if applicable) laboratories to be used, and indicate the state(s) in which the laboratory is certified, accredited, or licensed if no certification/accreditation is required. The laboratory shall be approved in writing by the Contracting Officer’s Representative (COR). A certification, accreditation, and/or license will be required for each task order awarded. If the laboratory fails to meet the project specific requirements at any time, the DOI/NPS COR may require performance of such services by a laboratory which meets the project-specific requirements. Geotechnical laboratories shall be accredited/certified, or licensed when accreditation/certification is not required, by the Washington State Department of Ecology for all projects performed in Washington State, or from the state from which the material is being evaluated.

B.6 Verification / Validation

B.6.1 The Contractor must perform manual verification/validation of any analytical steps required. This includes but is not limited to data verification and validation of each method’s specific initial calibration, calibration verification and instrument performance parameters as specified in the EPA methodology.

B.6.2 Data verification results that show exceedances will require further evaluation through data validation procedures. Data will be validated according to decision logic and data qualifiers outlined in the most recent version of the EPA National Functional Guidelines or other project-specific guidance identified in the Task Order. The Contractor will notify the Project Manager (PM) within 2 business days in the event that deviations from the data quality objectives are found by the validator.

B.7 Agency-Furnished Data

The NPS will furnish the following data, if applicable, for each task order relating to the particular work or site under investigation. All agency-furnished information in hardcopy format shall be returned prior to final payment of this contract or the pertinent task order.

B.7.1 Information provided by the DOI/NPS from the EPA-led Upper Columbia River/Lake Roosevelt Site RI/FS.

B.7.2 Information provided by the DOI/NPS from the Upper Columbia River/Lake Roosevelt Site Natural Resource Trustee Council.

B.7.3 Information provided by the NPS about LARO resources, including but not limited to cultural resources.

B.7.4 Project-specific data, such as surveys, geospatial data, drawings, government-obtained permits, and other information.

B.8 Disciplines

B.8.1 Technical disciplines (Disciplines) are essential to the successful completion of the contract work. For purposes of this contract, Disciplines are those positions with a particular technical, experienced, subject matter expert. The Contractor may utilize subcontractors or technical disciplines as originally proposed or approved subcontractors as approved by the NPS

9 updated 09 11 2020‐nj

Contracting Officer (CO) in accordance with B.10. Use of subcontractors is subject to the limitations laid out in 52.219-14 (See Deviation-Jan 2019).

B.8.2 If, during the performance of this contract, the Contractor must utilize Disciplines other than those named in the IDIQ or task order quote, such substitution shall have the same background, level of experience and qualifications as its predecessor and shall not be made without prior written approval of the CO. If disciplines are found to be performing unsatisfactorily, the CO may direct replacement of such personnel or modify or terminate the task order or contract, whichever is appropriate.

B.9 Deliverables

B.9.1 Contractor shall prepare and submit deliverables as defined within each specific task order.

All deliverables will be submitted to the COR and will be reviewed by the NPS, other federal agencies, state agencies or other projected stakeholders as appropriate. The COR will coordinate the review and comment process. The Contractor will respond to all comments within the time specified in the task order.

B.9.2 Report deliverables, such as letter reports, must be clearly and concisely written in the format and style specified in the task order.

B.9.3 The Contractor must notify the COR no fewer than 30 days prior to due date to request a time extension for any deliverable if needed.

B.9.4 Monthly progress/status reports shall be provided to the COR within 10 business days of the end of each calendar month following the task order award.

B.9.5 The Contractor is responsible for document accuracy. The Contracting Officer (CO), the Contracting Officer’s Representative (COR) or the Project Manager (PM), as assigned in the Task Order, will review all documents. Should the CO, COR or PM find that corrections and/or clarifications are necessary, the Contractor shall revise the work and submit the revisions (original and reproducible copies as required by the task order) within seven (7) calendar days after receipt of the CO’s, COR’s or PM’s request, unless otherwise specified in the task order.

Grammar and spelling errors and conspicuous errors in data are unacceptable.

B.10 Subcontractors

The Contractor shall not subcontract any portion of this contract to any party other than those identified in the contract or in the specific task order without written notification to and prior to written authorization from the CO. Also, all subcontractors shall provide Organizational Conflict of Interest (OCI) certifications in accordance with Paragraph B.23.

B.11 Regulations and Guidance Requirements

DOI/NPS has a broad customer and stakeholder base with a variety of environmental approaches and requirements. NPS will identify the lead regulatory agency within each task order, and the Contractor must accommodate their specific regulatory requirements. In general, the Contractor will need to prepare planning documents to assure the fieldwork and data quality are supportive of the intended use of the data and final decisions being made.

10 updated 09 11 2020‐nj

B.12 Regulations and Guidance Documents

The Contractor shall be responsible for acquiring the latest version of applicable regulatory or agency guidance after award of the Contract and each option year, if exercised, unless otherwise specified.

B.13 Permits

B.13.1 Should the Contractor be required to obtain a permit, the Contractor shall notify the Contracting Officer (CO). The CO shall make a determination as to whether work identified or related to the permit shall be removed from the task order.

B.13.2 Contractor must obtain necessary rights of entry to federal, state, and private lands or facilities. No additional permit is required for entry to NPS lands.

B.14 Contractor Quality Control Plan (CQC Plan)

No later than twenty (20) days after award, the Contractor shall furnish a draft Contractor Quality Control Plan (CQC Plan). This CQC Plan is a living document where periodic changes may be required (e.g.

personnel changes) that addresses all operations, both on-site and off-site, including work by Subcontractors. The following, at a minimum, is required:

B.14.1 A description of the quality control organization, including a chart showing lines of authority and acknowledgment that the staff shall implement the CQC Plan for all aspects of the work specified.

B.14.2 The name, qualifications (in resume format), duties, responsibilities, and authorities of each person assigned a CQC function.

B.14.3 Standard Operational Procedures for scheduling, reviewing, certifying, and managing submittals, including those of Subcontractors when hired. These procedures shall be in accordance with the procedures as listed above.

B.14.4 Procedures for control, verification, and acceptance for each specific media sample to be tested must be furnished prior to sampling. Procedures must address test frequency and person responsible for each test.

B.14.5 Procedures for tracking preparatory, initial, and follow-up control phases and control, verification, and acceptance tests including documentation.

B.14.6 Procedures for tracking deficiencies from identification through acceptable corrective action. These procedures will establish verification that identified deficiencies have been corrected.

B.14.7 Procedures for reporting, including proposed reporting formats.

B.15 Acceptance of the CQC Plan

Acceptance of the Contractor’s CQP plan is required prior to the start of work. Acceptance is conditional and will be predicated on satisfactory performance. The Government reserves the right to require the Contractor to make changes in the CQC plan and operations as necessary to obtain the quality specified.

11 updated 09 11 2020‐nj

B. 16 Extra Services

B.16.1 The Contractor shall NOT perform services requested by any person, either verbally or in writing, other than the CO, which constitute an adjustment to the scope of work that would require a change in the contract or task order, the price or project performance period. Any such requests must be immediately communicated to the Contracting Officer. The Contractor shall not perform such services unless a fully-executed contract modification has been issued by the CO.

B.16.2 Should discussions between the Contractor and COR lead to alternative methods for performing a task order that are not expressively described within the task order scope of work, the Contractor shall not proceed with those alternative methods absent a fully-executed contract modification issued by the CO.

B.17 Contract Attendance at Conferences

Contractor attendance at conferences or meetings will be specified in each task order.

B.18 Use and Release of Information

The information, data, and material recovered, developed, gathered, assembled, and reproduced by the Contractor, subcontractors, or their associates in the fulfillment of each task order's requirements become the complete property of the Government. Distribution and use by the Contractor or subcontractors to any source, at any time, without the written consent of the CO, is prohibited.

B.19 Security

B.19.1 Contractor personnel working onsite at a government facility may be required to complete Operations Security Training prior to entering facilities.

B.19.2 The Contractor shall have a copy of the task order at each worksite.

B.20 Ordering Procedures

B.20.1 When the Government requires work under this contract, the Contracting Officer will issue a task order Request for Quote (RFQ) to the Contractor. The task-order RFQ will include a scope of work describing the government’s required work, deliverables, any special instructions and conditions, a completion schedule for the project, and invoicing milestones. Task order RFQs may be issued by electronic means (e.g., e-mail) or telephone for urgent requirements.

B.20.2 The Contractor shall prepare a quote in accordance with the requirements of the task-order RFQ and this contract. The Contractor shall respond within 14 calendar days, unless otherwise stated in the RFQ, by submitting a quote to the Contracting Officer. The quote shall include a detailed breakdown by discipline of proposed labor, services, travel, laboratory or testing fees, cost of permits/licenses if applicable and materials required to complete the task order. Price quotes must be consistent with the current labor rates negotiated in the base contract or option periods, if exercised.

B.20.3 It may be necessary for the Contractor to attend a scoping visit, conference, or meeting in order to prepare a task order quotation or to reach an understanding of the results desired by DOI/NPS. Failure to attend will not justify omissions or errors in quotations. The Contractor will not be reimbursed for time, travel costs, or other task order pre-award expenses.

12 updated 09 11 2020‐nj

B.20.4 Upon conclusion of negotiations, if required, a firm fixed-price task order will be issued by the Contracting Officer. The task order will be forwarded to the Contractor via email and shall be signed, dated, and returned to the CO for final signature. A fully-executed task order will be returned to the Contractor.

B.20.5 The task order period of performance shall commence upon issue of a written or electronic notice of award and shall end as specified in each task order. The Contractor shall insure that all task-order work is completed and that submittals are made in accordance with the time allowances and progress schedule set forth in the task order

B.21 Authorities and Delegations - Department of Interior Clause 1452.201-70 (SEPT 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, waive any requirement of this contract or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer’s Representative (COR) at time of award. The COR will be responsible for technical monitoring of the Contractor’s performance deliveries.

The COR will be appointed in writing and a copy of the appointment will be furnished to the Contractor.

Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award or execute any contract, contract modification or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision or any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor’s right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with the direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR’s appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer’s response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph

(d) of this clause. A failure of the parties to agree upon the nature of a direction or upon a contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor’s risk.

B.22 Agency Project Manager

NPS will designate a Project Manager (PM) for each task order. The PM may or may not also be the COR. The COR will be the primary point of contact with the Contractor. The PM, through the COR, will provide task order scope clarification, respond to Requests for Information, provide other technical guidance and coordination, and coordinate review and comments on Contractor deliverables.

13 updated 09 11 2020‐nj

B.23 Organizational Conflict of Interest (OCI)

(a) The Contractor warrants, to the best of the Contractor’s knowledge and belief, there are no relevant facts or circumstances that could give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5 or that the Contractor has disclosed all such relevant information and certifies to the best of its knowledge and belief that it has not been previously employed as a contractor or consultant to any United States federal, state, or local government agency, any foreign government agency, or any private sector business enterprise concerning remedial investigation/feasibility study, natural resource damage assessment and restoration efforts, or other environmental compliance-related resource management projects on the Columbia River site.

(b) Prior to commencement of work, the Contractor agrees to either notify the Contracting Officer that, to the best of their knowledge and belief, no actual or potential organizational conflict of interest exists or to identify to the Contracting Officer any actual or potential conflict of interest the Contractor may have.

(c) The Contractor agrees that if an actual or potential organizational conflict of interest is identified during performance, the Contractor will immediately make a full disclosure in writing to the Contracting Officer. This disclosure shall include a description of actions which the Contractor has taken or proposes s to take after consultation with the Contracting Officer, to avoid, mitigate or neutralize the actual or potential conflict of interest. The Contractor shall continue performance unless otherwise notified by the Contracting Officer.

(d) The NPS may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid an organizational conflict of interest. If the Contractor was aware of a potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose it or misrepresented relevant information to the Contracting Officer, the Government may terminate the contract for default, debar the Contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.

(e) The Contractor agrees to insert in each subcontract or consultant agreement placed hereunder, provisions which shall conform substantially to the language of this clause, including this paragraph (e) unless otherwise authorized by the Contracting Officer.

B.24 Notification of Conflicts of Interest Regarding Personnel

(a) In addition to the requirements of the contract clause entitled “Organizational Conflicts of Interest,” the following provisions with regard to Contractor’s personnel (employees) performing under this contract shall apply until the earlier of the following two dates: the termination date of the affected employee(s) or the expiration date of the contract.

(b) The Contractor agrees to immediately notify the Contracting Officer of (1) any actual or potential personal conflict of interest with regard to any of its employees working on or having access to information regarding this contract, or (2) any such conflicts concerning subcontractor employees or consultants working on or having access to information regarding this contract, when such conflicts have been reported to the Contractor. A personal conflict of interest is

14 updated 09 11 2020‐nj defined as a relationship of an employee, subcontractor employee, or consultant with an entity that may impair the objectivity of the employee, subcontractor employee, or consultant in performing the contract work.

(c) The Contractor agrees to notify the Contracting Officer prior to incurring costs for that employee's work when an employee may have a personal conflict of interest. Should a personal conflict of interest not become known until after performance on the contract begins, the Contractor shall immediately notify the Contracting Officer of the personal conflict of interest.

The Contractor shall continue performance of this contract unless otherwise notified by the Contracting Officer.

(d) The Contractor agrees to insert in each subcontract or consultant agreement placed hereunder provisions which shall conform substantially to the language of this clause, including this paragraph (d), unless otherwise authorized by the Contracting Officer.

B.25 Limitation of Future Contracting

(a) The parties to this contract agree that the Contractor will be restricted in its future contracting in the manner described below. Except as specifically provided in this clause, the Contractor shall be free to compete for contracts on an equal basis with other companies.

(b) The Contractor will be ineligible to enter into a contract for remedial action projects for which the Contractor has developed the statement of work or the solicitation package.

(c) The following applies when work is performed under this contract: Unless prior written approval is obtained from the Contracting Officer, the Contractor, during the life of the work assignment, task order, or tasking document and for a period of five (5) years after the completion of the work assignment, task order, or tasking document, agrees not to enter into a contract with or to represent any party, other than the National Park Service (NPS), with respect to: (1) Any work relating to CERCLA activities which pertain to a site where the Contractor previously performed work for NPS under this contract; or (2) any work that may jeopardize CERCLA enforcement actions which pertain to a site where the Contractor previously performed work for the NPS under this contract.

(d) The Contractor and any subcontractors, during the life of this contract, shall be ineligible to enter into an NPS contract or a subcontract under a NPS contract, that supports NPS's performance of Superfund Headquarters policy work including support for the analysis and development of regulations, policies, or guidance that govern, affect, or relate to the conduct of response action activities, unless otherwise authorized by the Contracting Officer. Examples of such contracts include, but are not limited to, Superfund Management and Analytical support contracts, and Superfund Technical and Analytical support contracts.

(e) The Contractor agrees in advance that if any bids/proposals are submitted for any work that would require written approval of the Contracting Officer prior to entering into a contract subject to the restrictions of this clause, then the bids/proposals are submitted at the Contractor's own risk. Therefore, no claim shall be made against the Government to recover bid/proposal costs whether the request for authorization to enter into the contract is denied or approved.

15 updated 09 11 2020‐nj

(f) To the extent that the work under this contract requires access to proprietary or confidential business or financial data of other companies, and as long as such data remains proprietary or confidential, the Contractor shall protect such data from unauthorized use and disclosure.

(g) The Contractor agrees to insert in each subcontract or consultant agreement placed hereunder, hereunder – except for subcontracts or consultant agreements for nondiscretionary technical or engineering services, including treatability studies, well drilling, fence erecting, plumbing, utility hookups, security guard services, or electrical services – provisions which shall conform substantially to the language of this clause, including this paragraph (g) unless otherwise authorized by the Contracting Officer. The Contractor may request in writing that the Contracting Officer exempt from this clause a particular subcontract or consultant agreement for nondiscretionary technical or engineering services not specifically listed above, including laboratory analysis. The Contracting Officer will review and evaluate each request on a case-by-case basis before approving or disapproving the request.

(h) If the Contractor seeks an expedited decision regarding its initial future contracting request, the Contractor may submit its request to both the Contracting Officer and the next administrative level within the Contracting Officer's organization.

(i) A review process available to the Contractor when an adverse determination is received shall consist of a request for reconsideration to the Contracting Officer or a request for review submitted to the next administrative level within the Contracting Officer's organization. An adverse determination resulting from a request for reconsideration by the Contracting Officer will not preclude the contractor from requesting a review by the next administrative level. Either a request for review or a request for reconsideration must be submitted to the appropriate level within 30 calendar days after receipt of the initial adverse determination.

B.26 Annual Certification

The Contractor shall submit an annual conflict of interest certification to the Contracting Officer.

In this certification, the Contractor shall certify that, to the best of the Contractor's knowledge and belief, all actual or potential organizational conflicts of interest have been reported to NPS.

In addition, the Contractor shall certify that it has informed its subcontractors and personnel who perform work under NPS contracts or relating to NPS contracts of their obligation to report personal and organizational conflicts of interest to the Contractor in accordance with clause 52.203-16. Such certification must be signed by a senior executive of the company and submitted in accordance with instructions provided by the Contracting Officer. The initial certification shall cover the one-year period from the date of contract award, and all subsequent certifications shall cover successive annual periods thereafter, until expiration or termination of the contract. The certification must be received by the Contracting Officer no later than 45 days after the close of the certification period covered.

16 updated 09 11 2020‐nj

SECTION C – CONTRACT CLAUSES

C.1 Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (Apr 2013)

C.1.1 Payment will be made after each deliverable or may be further negotiated at time of award.

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform System (IPP).

“Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract or the clause 52.212-4 Contract Terms and Conditions-Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

C.1.2 Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: Vendor’s business invoice (upload your business invoice as an attachment to the IPP invoice before you click “submit” in IPP). Vendor’s failure to attach the required documentation will result in the IPP invoice being rejected.

NOTE: Content of a proper invoice shall include the following, in accordance with Federal Acquisition Regulation 32.9 – Prompt Payment:

(a) Name and address of the Contractor.

(b) Invoice date and invoice number (Contractors should date invoices as close as possible to the date of mailing or transmission).

(c) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).

(d) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

(e) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

(f) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

(g) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

C.1.3 The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 - 5 business days of the contract award date.

Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its quotation.

C.2 Department of Interior (DOI) Liability Insurance 1428.301 (JUL 1996)

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall not be less than as follows:

$1,000,000 per person $2,000,000 each occurrence $500,000 property damage

17 updated 09 11 2020‐nj

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The Contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

C.3 Taxes

The National Park Service is a Federal Government agency exempt from state and local sales tax. The agency’s tax exemption number is 140001849.

C.4 Personal Services and Inherently Governmental Functions are Prohibited

The Contractor at any tier (Prime/Subcontractor) must not perform any personal services (as defined in FAR Part 37.104) under this contract. The Government will not directly supervise any Contractor employee. All individual Contractor employee assignments, and daily work direction, must be given by the applicable Contractor Supervisor. If the Contractor believes that any Government action or communication would create a personal services relationship between the Government and any Contractor employee, the Contractor must promptly notify the Contracting Officer of this communication and/or action.

All contract personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties, are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. Contractors must also ensure that all documents or reports produced by the Contractor are suitably marked as Contractor products or that Contractor participation is appropriately disclosed. During performance of this contract, the functions being performed shall not be changed or expanded to become inherently governmental. For additional information reference FAR 37.104.

The Contractor must ensure that all of its personnel working under this contract understand the prohibitions against personal services and performance of inherently Government functions. The Contractor must include this language in all subcontracts at any tier.

C.5 FAR 52.212-4 Contract Terms and Conditions – Commercial Items (Oct 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

18 updated 09 11 2020‐nj

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers.