Sol_68HE0718R0013.pdf

68HE0718R0013

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 46

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

G

F

E

D

C

B

A

SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

41 U.S.C. 253 (c) ( 10 U.S.C. 2304 (c) (

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

05/21/2018 X

R7

Region 7 US Environmental Protection Agency 11201 Renner Blvd.

Lenexa KS 66219

1500 CT 06/20/2018

Koni Fritz 913 Fritz.Koni@epa.gov

551-7975

X

X

X

X

X

X

X

X

X

X

X

X

X

PAGE(S)

Koni Fritz

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____0_________ calendar days (60 calendar days unless a different period is inserted

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 46

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

68HE0718R0013

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

Former United Zinc and Associated Smelters OU-1

Iola, KS

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

NSN 7540-01-152-8067

SECTION A - Solicitation/Contract Form Not Used

SECTION B - Supplies or Services/Prices B-1 Clauses B-2 Local Clauses EPA-B-32-102 FUNDING

SECTION C - Description/Specifications C-1 Clauses

C-2 EPAAR 1552.211-79 COMPLIANCE WITH EPA POLICIES FOR INFORMATION RESOURCES

MANAGEMENT. (JUL 2016)

C-3 Local Clauses EPA-C-10-101 STATEMENT OF WORK/PERFORMANCE WORK

STATEMENT/SPECIFICATIONS

C-4 Local Clauses EPA-C-10-103 INCORPORATION OF CONTRACTOR'S QUALITY ASSURANCE (QA)

PLAN

SECTION D - Packaging and Marking Not Used

SECTION E - Inspection and Acceptance

E-2 FAR 52.246-12 INSPECTION OF CONSTRUCTION. (AUG 1996)

SECTION F - Deliveries or Performance

F-1 FAR 52.242-17 GOVERNMENT DELAY OF WORK. (APR 1984)

F-2 EPAAR 1552.211-75 WORKING FILES. (APR 1984)

F-3 Local Clauses EPA-F-12-101 PERIOD OF PERFORMANCE

SECTION G - Contract Administration Data G-1 Local Clauses EPA-G-42-101 CONTRACT ADMINISTRATION REPRESENTATIVES

SECTION H - Special Contract Requirements H-1 Clauses

H-2 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK. (APR 1984)

H-3 FAR 52.236-2 DIFFERING SITE CONDITIONS. (APR 1984)

H-4 FAR 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK. (APR 1984)

H-5 EPAAR 1552.235-76 TREATMENT OF CONFIDENTIAL BUSINESS INFORMATION. (APR 1996)

H-6 EPAAR 1552.235-79 RELEASE OF CONTRACTOR CONFIDENTIAL BUSINESS INFORMATION. (APR 1996)

H-7 EPAAR 1552.237-72 KEY PERSONNEL. (APR 1984)

H-8 EPAAR 1552.237-74 PUBLICITY. (APR 1984)

H-9 EPAAR 1552.237-75 PAPERWORK REDUCTION ACT. (APR 1984)

H-10 EPAAR 1552.237-76 GOVERNMENT-CONTRACTOR RELATIONS. (JUN 1999)

H-11 Local Clauses EPA-H-04-101 RETENTION AND AVAILABILITY OF CONTRACTOR FILES H-12 Local Clauses EPA-H-07-101 PUBLIC COMMUNICATION H-13 Local Clauses EPA-H-07-102 IDENTIFICATION OF ON-SITE CONTRACTOR EMPLOYEES H-14 Local Clauses EPA-H-07-103 NOTICE REGARDING PROHIBITED CONTRACTOR ACTIVITIES ON

ENVIRONMENTAL PROTECTION AGENCY (EPA CONTRACTS)

H-15 Local Clauses EPA-H-09-101 CONTRACTOR DISCLOSURE REQUIREMENTS FOR CONFLICT OF

INTEREST

H-16 Local Clauses EPA-H-15-101 RELEASE OF COST OR PRICING PROPOSALS OUTSIDE THE

GOVERNMENT FOR AUDIT

H-17 Local Clauses EPA-H-23-101 ENVIRONMENTALLY PREFERABLE PRACTICES H-18 Local Clauses EPA-H-27-102 CONFIDENTIALITY OF INFORMATION H-19 Local Clauses EPA-H-28-102 MINIMUM INSURANCE REQUIREMENTS H-20 Local Clauses EPA-H-42-102 UTILIZATION OF FEDCONNECT FOR CONTRACT ADMINISTRATION H-21 Local Clauses EPA-H-44-102 IDENTIFICATION OF SUBCONTRACTORS

SECTION I - Contract Clauses I-1 Clauses

I-2 FAR 52.202-1 DEFINITIONS. (NOV 2013)

I-3 FAR 52.203-3 GRATUITIES. (APR 1984)

I-4 FAR 52.203-5 COVENANT AGAINST CONTINGENT FEES. (MAY 2014)

I-5 FAR 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT. (SEP 2006)...17

I-6 FAR 52.203-7 ANTI-KICKBACK PROCEDURES. (MAY 2014)

I-7 FAR 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR

IMPROPER ACTIVITY. (MAY 2014)

I-8 FAR 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY. (MAY 2014) I-9 FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS.

(OCT 2010)

I-10 FAR 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT. (OCT 2015)

I-11 FAR 52.203-14 DISPLAY OF HOTLINE POSTER(S). (OCT 2015)

I-12 FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO

INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS. (APR 2014)

I-13 FAR 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT

PAPER. (MAY 2011)

I-14 FAR 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS. (OCT 2016)

I-15 FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE. (OCT 2016)

I-16 FAR 52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS. (OCT 2016)

I-17 FAR 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT. (OCT 2015)

I-18 FAR 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS. (JUL 2013)

I-19 FAR 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS.

(NOV 2015)

I-20 FAR 52.210-1 MARKET RESEARCH. (APR 2011)

I-21 FAR 52.215-2 AUDIT AND RECORDS - NEGOTIATION. (OCT 2010)

I-22 FAR 52.215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT. (OCT 1997)

I-23 FAR 52.216-18 ORDERING. (OCT 1995)

I-24 FAR 52.216-19 ORDER LIMITATIONS. (OCT 1995)

I-25 FAR 52.216-21 REQUIREMENTS. (OCT 1995)

I-26 NOT USED

I-27 FAR 52.217-8 OPTION TO EXTEND SERVICES. (NOV 1999)

I-28 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT. (MAR 2000)

I-29 FAR 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS. (NOV 2016)

I-30 FAR 52.219-14 LIMITATIONS ON SUBCONTRACTING. (JAN 2017)

I-31 FAR 52.219-27 NOTICE OF SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE.

(NOV 2011)

I-32 FAR 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION. (JUL 2013)

I-33 FAR 52.222-3 CONVICT LABOR. (JUN 2003)

I-34 FAR 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS - OVERTIME

COMPENSATION. (MAY 2014)

I-35 FAR 52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS. (MAY 2014)

I-36 FAR 52.222-7 WITHHOLDING OF FUNDS. (MAY 2014)

I-37 FAR 52.222-8 PAYROLLS AND BASIC RECORDS. (MAY 2014)

I-38 FAR 52.222-12 CONTRACT TERMINATION - DEBARMENT. (MAY 2014)

I-39 FAR 52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND

RELATED REGULATIONS. (MAY 2014)

I-40 FAR 52.222-14 DISPUTES CONCERNING LABOR STANDARDS. (FEB 1988)

I-41 FAR 52.222-15 CERTIFICATION OF ELIGIBILITY. (MAY 2014)

I-42 FAR 52.222-21 PROHIBITION OF SEGREGATED FACILITIES. (APR 2015)

I-43 FAR 52.222-26 EQUAL OPPORTUNITY. (SEP 2016)

I-44 FAR 52.222-30 CONSTRUCTION WAGE RATE REQUIREMENTS-PRICE ADJUSTMENT (NONE OR

SEPARATELY SPECIFIED METHOD). (MAY 2014)

I-45 FAR 52.222-35 EQUAL OPPORTUNITY FOR VETERANS. (OCT 2015)

I-46 FAR 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES. (JUL 2014)

I-47 FAR 52.222-37 EMPLOYMENT REPORTS ON VETERANS. (FEB 2016)

I-48 FAR 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR

RELATIONS ACT. (DEC 2010)

I-49 FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS. (MAR 2015)

I-50 FAR 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION. (OCT 2015)

I-51 FAR 52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658. (DEC 2015)

I-52 FAR 52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706. (JAN 2017)

I-53 FAR 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS. (SEP 2013)

I-54 FAR 52.223-6 DRUG-FREE WORKPLACE. (MAY 2001)

I-55 FAR 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE

DRIVING. (AUG 2011)

I-56 FAR 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES. (JUN 2008)

I-57 FAR 52.227-1 AUTHORIZATION AND CONSENT. (DEC 2007)

I-58 FAR 52.228-2 ADDITIONAL BOND SECURITY. (OCT 1997)

I-59 FAR 52.228-11 PLEDGES OF ASSETS. (JAN 2012)

I-60 FAR 52.228-14 IRREVOCABLE LETTER OF CREDIT. (NOV 2014)

I-61 FAR 52.228-16 PERFORMANCE AND PAYMENT BONDS - OTHER THAN CONSTRUCTION. (NOV

2006)

I-62 FAR 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS. (MAY 2014)

I-63 FAR 52.232-17 INTEREST. (MAY 2014)

I-64 FAR 52.232-23 ASSIGNMENT OF CLAIMS. (MAY 2014)

I-65 FAR 52.232-25 PROMPT PAYMENT. (JAN 2017)

I-66 FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR AWARD

MANAGEMENT. (JUL 2013)

I-67 FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. (JUN 2013)

I-68 FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS. (DEC 2013)

I-69 FAR 52.233-3 PROTEST AFTER AWARD. (AUG 1996)

I-70 FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM. (OCT 2004)

I-71 FAR 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR. (APR 1984)

I-72 FAR 52.236-7 PERMITS AND RESPONSIBILITIES. (NOV 1991)

I-73 FAR 52.236-8 OTHER CONTRACTS. (APR 1984)

I-74 FAR 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS. (APR 1984)

I-75 FAR 52.236-10 OPERATIONS AND STORAGE AREAS. (APR 1984)

I-76 FAR 52.236-26 PRECONSTRUCTION CONFERENCE. (FEB 1995)

I-77 FAR 52.242-13 BANKRUPTCY. (JUL 1995)

I-78 FAR 52.243-4 CHANGES. (JUN 2007)

I-79 FAR 52.247-5 FAMILIARIZATION WITH CONDITIONS. (APR 1984)

I-80 FAR 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE). (APR 2012)

I-81 FAR 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE). (APR 1984)

I-82 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)

I-83 EPAAR 1552.209-71 ORGANIZATIONAL CONFLICTS OF INTEREST. (MAY 1994)

I-84 EPAAR 1552.209-73 NOTIFICATION OF CONFLICTS OF INTEREST REGARDING PERSONNEL.

(MAY 1994)

I-85 EPAAR 1552.209-74 LIMITATION OF FUTURE CONTRACTING. (APR 2004)

I-86 EPAAR 1552.209-75 ANNUAL CERTIFICATION. (MAY 1994)

I-87 EPAAR 1552.227-76 PROJECT EMPLOYEE CONFIDENTIALITY AGREEMENT. (MAY 1994)

SECTION J - List of Documents, Exhibits and Other Attachments J-1 List of Documents, Exhibits, and Other Attachments

SECTION K - Representations, Certifications, and Other Statements of Bidders K-1 Clauses

K-2 FAR 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS. (SEP 2007)

K-3 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS. (JAN 2018)

K-4 FAR 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS.

(DEC 2014)

K-5 FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS. (OCT 2015)

K-6 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS. (JUL 2013)

K-7 FAR 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN

ACTIVITIES OR TRANSACTIONS RELATING TO IRAN-REPRESENTATION AND CERTIFICATIONS.

(OCT 2015)

SECTION L - Instructions, Conditions, and Notices to Bidders L-1 Clauses

L-2 FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT. (OCT 2016)

L-3 FAR 52.215-1 INSTRUCTIONS TO OFFERORS - COMPETITIVE ACQUISITION. (JAN 2017)

L-4 FAR 52.216-1 TYPE OF CONTRACT. (APR 1984)

L-5 FAR 52.233-2 SERVICE OF PROTEST. (SEP 2006)

L-6 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE. (FEB 1998)

L-7 EPAAR 1552.209-70 ORGANIZATIONAL CONFLICT OF INTEREST NOTIFICATION. (APR 1984) L-8 EPAAR 1552.209-72 ORGANIZATIONAL CONFLICT OF INTEREST CERTIFICATION. (APR 1984)

L-9 EPAAR 1552.228-70 INSURANCE LIABILITY TO THIRD PERSONS. (OCT 2000)

L-10 EPAAR 1552.233-70 NOTICE OF FILING REQUIREMENTS FOR AGENCY PROTESTS. (JUL 1999)...36 L-11 Local Clauses EPA-L-15-101 PREPROPOSAL CONFERENCE L-12 Local Clauses EPA-L-15-102 TECHNICAL QUESTIONS L-13 Local Clauses EPA-L-36-101 PROPOSAL INSTRUCTIONS

SECTION M - Evaluation Factors for Award M-1 Clauses

M-2 FAR 52.217-5 EVALUATION OF OPTIONS. (JUL 1990)

M-3 Local Clauses EPA-M-15-101 EVALUATION FACTORS FOR CONTRACT AWARD

SECTION A - Solicitation/Contract Form

Not Used

SECTION B - Supplies or Services/Prices

B-1 Clauses

PRICE SCHEDULE

BASE PERIOD - From effective date of award for a period of Twelve (12) consecutive months

CLIN Description

Total Estimated Price of All Sub-Items

0001 Former United Zinc and Associated Smelters - Operable Unit 1

(OU1): Residential Properties Soil Remediation per the attached Performance Work Statement (PWS)

BASE PERIOD SUB-ITEMS:

Sub-CLIN Description Estimated Quantity Unit

Fixed Unit Price

Total Sub-Item Estimated Price

0001AA Properties between 0-4,999 SF 82 EA $ ______ $ _________

0001AB Properties between 5,000-9,999 SF 56 EA $ ______ $ _________

0001AC Properties 10,000-43,560 SF 32 EA $ ______ $ _________

0001AD Repair/Maintenance of Previously Remediated Properties

NTE $ 40,000.00

0001AE Incentive: Property Owner Satisfaction $ 30,000.00

0001AF Incentive: Commitment to Local Community $ 45,000.00

NOTES:

(1) Sub-CLIN 0001AD: The Contractor shall obtain prior approval from the EPA COR to proceed with repair/maintenance of previously remediated properties. The Contractor shall submit a work plan with estimated costs in advance of performing the work.

(2) Sub-CLIN 0001AE: Incentive is achieved when 75% or more of the total number of property owner satisfaction surveys issued during the base period are returned and at least 90% of the surveys received are rated as very good (4 out of 5).

(3) Sub-CLIN 0001AF: Incentive is achieved when 50% or more of the total base period expended dollar amount consists of local expenditures for supplies and/or services.

(4) For estimating purposes of pricing and payment, Construction Wage Rate Requirements apply to all employees and subcontractors performing work on the site (except supervisory) INCLUDING ALL TRUCK DRIVERS (unless the truck driver is a true owner-operator).

(5) Prices proposed shall include any/all labor, equipment, and materials necessary to perform the service described in the PWS.

Both the pricing and the Project Management Plan shall be based on the performance of the units of measure itemized in this schedule. This is a property-based contract.

(6) Prices proposed shall include all premiums for bonding. No separate and distinct reimbursement for bond premiums will be made.

(7) CLIN and Sub-CLIN average square feet and quantities are estimated and not guaranteed.

(8) Contractor shall identify on each invoice submitted the UNIT of work accomplished at each site by referencing the respective CLIN and sub-CLIN in accordance with this Price Schedule.

(9) Estimated average square feet for the respective CLINs and Sub-CLINs are based on scaled field sheets and historical averages at the time of solicitation and assume only one “lift” of 12 inches will be excavated from all areas to the levels stated in the PWS, Task 8 – Property Excavation.

(10) Historical data indicates approximately 9% of the quadrants may require excavation below 12 inches. Note that excavating a second 12-inch lift will not always reclassify a property into a higher size category.

(11) Contractor shall submit one invoice per property upon completion of all work associated with that property including submission of a complete and accurate property folder as described in PWS Section 5.4.2 Task 18 – Property Folder. Invoices will not be paid until a complete and accurate property folder has been provided.

OPTION PERIOD 1 - Twelve (12) consecutive months from effective date of option exercise

0002 Former United Zinc and Associated Smelters - Operable Unit 1 (OU1):

Residential Properties Soil Remediation per the attached Performance Work Statement (PWS)

Estimated Quantity Unit

Fixed Unit Price

0002AA Properties between 0-4,999 SF 143 EA $ ______ $ _________

0002AB Properties between 5,000-9,999 SF 97 EA $ ______ $ _________

0002AC Properties 10,000-43,560 SF 57 EA $ ______ $ _________

Estimated Quantity Unit

Fixed Unit Price

0002AD Properties greater than 43,560 SF 5,459 TON $ ______ $ _________ Estimated # of Properties is 3

0002AE Repair/Maintenance of Previously

0002AF Incentive: Property Owner Satisfaction $ 30,000.00

0002AG Incentive: Commitment to Local Community $ 45,000.00

(1) Sub-CLIN 0002AD: Price per ton (2,000 pounds) of contaminated soil as measured at the landfill prior to disposal. The contractor will be paid based on this measurement. Compensation for all other ancillary activities including property access, backfilling with clean soil, revegetation and replacement of ornamental shrubs are included in the price per ton of excavated contaminated soil.

(2) Sub-CLIN 0002AE: The Contractor shall obtain prior approval from the EPA COR to proceed with repair/maintenance of previously remediated properties. The Contractor shall submit a work plan with estimated costs in advance of performing the work.

(3) Sub-CLIN 0002AF: Incentive is achieved when 75% or more of the total number of property owner satisfaction surveys issued during this option period are returned and at least 90% of the surveys received are rated as very good (4 out of 5).

(4) Sub-CLIN 0002AG: Incentive is achieved when 50% or more of the total option period expended dollar amount consists of local expenditures for supplies and/or services.

(5) For estimating purposes of pricing and payment, Construction Wage Rate Requirements apply to all employees and subcontractors performing work on the site (except supervisory) INCLUDING ALL TRUCK DRIVERS (unless the truck driver is a true owner-operator).

(6) Prices proposed shall include any/all labor, equipment, and materials necessary to perform the service described in the PWS.

Both the pricing and the Project Management Plan shall be based on the performance of the units of measure itemized in this schedule. This is a property-based contract.

(7) Prices proposed shall include all premiums for bonding. No separate and distinct reimbursement for bond premiums will be made.

(8) CLIN and Sub-CLIN average square feet and quantities are estimated and not guaranteed.

(9) Contractor shall identify on each invoice submitted the UNIT of work accomplished at each site by referencing the respective CLIN and sub-CLIN in accordance with this Price Schedule.

(10) Estimated average square feet for the respective CLINs and Sub-CLINs are based on scaled field sheets and historical averages at the time of solicitation and assume only one “lift” of 12 inches will be excavated from all areas to the levels stated in the PWS, Task 8 – Property Excavation.

(11) Historical data indicates approximately 9% of the quadrants may require excavation below 12 inches. Note that excavating a second 12-inch lift will not always reclassify a property into a higher size category.

(12) Contractor shall submit one invoice per property upon completion of all work associated with that property including submission of a complete and accurate property folder as described in PWS Section 5.4.2 Task 18 – Property Folder. Invoices will not be paid until a complete and accurate property folder has been provided.

OPTION PERIOD II - Twelve (12) consecutive months from effective date of option exercise

0003 Former United Zinc and Associated Smelters - Operable Unit 1 (OU1):

Estimated Quantity Unit

Fixed Unit Price

0003AA Properties between 0-4,999 SF 143 EA $ ______ $ _________

0003AB Properties between 5,000-9,999 SF 97 EA $ ______ $ _________

0003AC Properties 10,000-43,560 SF 57 EA $ ______ $ _________

Estimated Quantity Unit

Fixed Unit Price

0003AD Properties greater than 43,560 SF 7,717 TON $ ______ $ _________ Estimated # of Properties is 1

0003AE Repair/Maintenance of Previously

0003AF Incentive: Property Owner Satisfaction $ 30,000.00

0003AG Incentive: Commitment to Local Community $ 45,000.00

(1) Sub-CLIN 0003AD: Price per ton (2,000 pounds) of contaminated soil as measured at the landfill prior to disposal. The contractor will be paid based on this measurement. Compensation for all other ancillary activities including property access, backfilling with clean soil, revegetation and replacement of ornamental shrubs are included in the price per ton of excavated contaminated soil.

(2) Sub-CLIN 0003AE: The Contractor shall obtain prior approval from the EPA COR to proceed with repair/maintenance of previously remediated properties. The Contractor shall submit a work plan with estimated costs in advance of performing the work.

(3) Sub-CLIN 0003AF: Incentive is achieved when 75% or more of the total number of property owner satisfaction surveys issued during this option period are returned and at least 90% of the surveys received are rated as very good (4 out of 5).

(4) Sub-CLIN 0003AG: Incentive is achieved when 50% or more of the total option period expended dollar amount consists of local expenditures for supplies and/or services.

(5) For estimating purposes of pricing and payment, Construction Wage Rate Requirements apply to all employees and subcontractors performing work on the site (except supervisory) INCLUDING ALL TRUCK DRIVERS (unless the truck driver is a true owner-operator).

(6) Prices proposed shall include any/all labor, equipment, and materials necessary to perform the service described in the PWS. Both the pricing and the Project Management Plan shall be based on the performance of the units of measure itemized in this schedule. This is a property-based contract.

(7) Prices proposed shall include all premiums for bonding. No separate and distinct reimbursement for bond premiums will be made.

(8) CLIN and Sub-CLIN average square feet and quantities are estimated and not guaranteed.

(9) Contractor shall identify on each invoice submitted the UNIT of work accomplished at each site by referencing the respective CLIN and sub-item in accordance with this Price Schedule.

(10) Estimated average square feet for the respective CLINs and Sub-CLINs are based on scaled field sheets and historical averages at the time of solicitation and assume only one “lift” of 12 inches will be excavated from all areas to the levels stated in the PWS, Task 8 – Property Excavation.

(11) Historical data indicates approximately 9% of the quadrants may require excavation below 12 inches. Note that excavating a second 12-inch lift will not always reclassify a property into a higher size category.

(12) Contractor shall submit one invoice per property upon completion of all work associated with that property including submission of a complete and accurate property folder as described in PWS Section 5.4.2 Task 18 – Property Folder. Invoices will not be paid until a complete and accurate property folder has been provided.

OPTION PERIOD III - Twelve (12) consecutive months from effective date of option exercise

0004 Former United Zinc and Associated Smelters - Operable Unit 1 (OU1):

Estimated Quantity Unit

Fixed Unit Price

0004AA Properties between 0-4,999 SF 144 EA $ ______ $ _________

0004AB Properties between 5,000-9,999 SF 97 EA $ ______ $ _________

0004AC Properties 10,000-43,560 SF 57 EA $ ______ $ _________

0004AD Repair/Maintenance of Previously

0004AE Incentive: Property Owner Satisfaction $ 30,000.00

0004AF Incentive: Commitment to Local Community $ 45,000.00

(1) Sub-CLIN 0004AD: The Contractor shall obtain prior approval from the EPA COR to proceed with repair/maintenance of previously remediated properties. The Contractor shall submit a work plan with estimated costs in advance of performing the work.

(2) Sub-CLIN 0004AE: Incentive is achieved when 75% or more of the total number of property owner satisfaction surveys issued during this option period are returned and at least 90% of the surveys received are rated as very good (4 out of 5).

(3) Sub-CLIN 0004AF: Incentive is achieved when 50% or more of the total option period expended dollar amount consists of local expenditures for supplies and/or services.

(4) For estimating purposes of pricing and payment, Construction Wage Rate Requirements apply to all employees and subcontractors performing work on the site (except supervisory) INCLUDING ALL TRUCK DRIVERS (unless the truck driver is a true owner-operator).

(5) Prices proposed shall include any/all labor, equipment, and materials necessary to perform the service described in the PWS. Both the pricing and the Project Management Plan shall be based on the performance of the units of measure itemized in this schedule. This is a property-based contract.

(6) Prices proposed shall include all premiums for bonding. No separate and distinct reimbursement for bond premiums will be made.

(7) CLIN and Sub-CLIN average square feet and quantities are estimated and not guaranteed.

(8) Contractor shall identify on each invoice submitted the UNIT of work accomplished at each site by referencing the respective CLIN and sub-CLIN in accordance with this Price Schedule.

(9) Estimated average square feet for the respective CLINs and Sub-CLINs are based on scaled field sheets and historical averages at the time of solicitation and assume only one “lift” of 12 inches will be excavated from all areas to the levels stated in the PWS, Task 8 – Property Excavation.

(10) Historical data indicates approximately 9% of the quadrants may require excavation below 12 inches. Note that excavating a second 12-inch lift will not always reclassify a property into a higher size category.

(11) Contractor shall submit one invoice per property upon completion of all work associated with that property including submission of a complete and accurate property folder as described in PWS Section 5.4.2 Task 18 – Property Folder.

Invoices will not be paid until a complete and accurate property folder has been provided.

B-2 Local Clauses EPA-B-32-102 FUNDING

At time of contract award, total funding for this contract is not available for obligation. As funds become available, modifications will be issued to increase the funding amount until the total price of the contract is obligated.

TOTAL BASE PERIOD AND ALL OPTION PERIODS $_____________

SECTION C - Description/Specifications

C-1 Clauses

C-2 EPAAR 1552.211-79 COMPLIANCE WITH EPA POLICIES FOR INFORMATION RESOURCES

MANAGEMENT. (JUL 2016)

C-3 Local Clauses EPA-C-10-101 STATEMENT OF WORK/PERFORMANCE WORK

STATEMENT/SPECIFICATIONS

The Contractor shall furnish the necessary personnel, material, equipment, services, and facilities (except as otherwise specified), to perform the work included in Attachment A, Statement of Work. Work will be ordered against the subject contract through Contracting Officer issuance of task orders.

C-4 Local Clauses EPA-C-10-103 INCORPORATION OF CONTRACTOR'S QUALITY ASSURANCE (QA) PLAN

The Contractor shall adhere to the procedures set forth in its QAPP plan dated TBD, which is incorporated by reference.

SECTION D - Packaging and Marking

Not Used

SECTION E - Inspection and Acceptance

E-2 FAR 52.246-12 INSPECTION OF CONSTRUCTION. (AUG 1996)

SECTION F - Deliveries or Performance

F-1 FAR 52.242-17 GOVERNMENT DELAY OF WORK. (APR 1984)

F-2 EPAAR 1552.211-75 WORKING FILES. (APR 1984)

F-3 Local Clauses EPA-F-12-101 PERIOD OF PERFORMANCE

The period of performance of this contract shall be from the date of award through twelve (12) months (Base Period) unless Option Periods are exercised.

SECTION G - Contract Administration Data

G-1 Local Clauses EPA-G-42-101 CONTRACT ADMINISTRATION REPRESENTATIVES

Contract-Level Contracting Officers Representatives (CORs)/Project Officers for this contract are as follows:

COR: Don Bahnke bahnke.donald@epa.gov Alternate COR: Tanyi Tanyi tanyi.tanyi@epa.gov

Contracting Officials responsible for administering this contract are as follows:

Koni B. Fritz fritz.koni@epa.gov mailto:bahnke.donald@epa.gov mailto:tanyi.tanyi@epa.gov mailto:fritz.koni@epa.gov

SECTION H - Special Contract Requirements

H-1 Clauses

H-2 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK. (APR 1984)

The Contractor shall be required to (a) commence work under this contract within ten (10) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than four (4) years from date of award except for reports and other paper/electronic deliverables. The time stated for completion shall include final cleanup of the premises.

(End of clause)

H-3 FAR 52.236-2 DIFFERING SITE CONDITIONS. (APR 1984)

H-4 FAR 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK. (APR 1984)

H-5 EPAAR 1552.235-76 TREATMENT OF CONFIDENTIAL BUSINESS INFORMATION. (APR 1996)

(a) The Project Officer (PO) or his/her designee, 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:

(1) 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 EPA employees without the prior written approval of the Assistant General Counsel for Information Law or his/her designee; and (iii) return the CBI to the PO or his/her designee, whenever the information is no longer required by the Contractor for performance of the work required by the contract, or upon completion of the contract.

(2) 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.

(3) 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 EPA and any affected businesses having a proprietary interest in the information.

(4) The Contractor shall not use any CBI supplied by EPA or obtained during performance hereunder to compete with any business to which the CBI relates.

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

(End of clause)

H-6 EPAAR 1552.235-79 RELEASE OF CONTRACTOR CONFIDENTIAL BUSINESS INFORMATION. (APR 1996)

(a) The Environmental Protection Agency (EPA) may find it necessary to release information submitted by the Contractor either in response to this solicitation or pursuant to the provisions of this contract, to individuals not employed by EPA. Business information that is ordinarily entitled to confidential treatment under existing Agency regulations (40 CFR Part 2) may be included in the information released to these individuals. Accordingly, by submission of this proposal or signature on this contract or other contracts, the Contractor hereby consents to a limited release of its confidential business information (CBI).

(b) Possible circumstances where the Agency may release the Contractor's CBI include, but are not limited to the following:

(1) To other Agency contractors tasked with assisting the Agency in the recovery of Federal funds expended pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Sec. 9607, as amended, (CERCLA or Superfund);

(2) To the U.S. Department of Justice (DOJ) and contractors employed by DOJ for use in advising the Agency and representing the Agency in procedures for the recovery of Superfund expenditures;

(3) To parties liable, or potentially liable, for costs under CERCLA Sec. 107 (42 U.S.C. Sec. 9607), et al, and their insurers (Potentially Responsible Parties) for purposes of facilitating settlement or litigation of claims against such parties;

(4) To other Agency contractors who, for purposes of performing the work required under the respective contracts, require access to information the Agency obtained under the Clean Air Act (42 U.S.C. 7401 et seq.); the Federal Water Pollution Control Act (33 U.S.C.1251 et seq.); the Safe Drinking Water Act (42 U.S.C. 300f et seq.); the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 136 et seq.); the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.); the Toxic Substances Control Act (15 U.S.C. 2601 et seq.); or the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.);

(5) To other Agency contractors tasked with assisting the Agency in handling and processing information and documents in the administration of Agency contracts, such as providing both preaward and post award audit support and specialized technical support to the Agency's technical evaluation panels;

(6) To employees of grantees working at EPA under the Senior Environmental Employment (SEE) Program;

(7) To Speaker of the House, President of the Senate, or Chairman of a Committee or Subcommittee;

(8) To entities such as the General Accounting Office, boards of contract appeals, and the Courts in the resolution of solicitation or contract protests and disputes;

(9) To Agency contractor employees engaged in information systems analysis, development, operation, and maintenance, including performing data processing and management functions for the Agency; and

(10) Pursuant to a court order or court-supervised agreement.

(c) The Agency recognizes an obligation to protect the contractor from competitive harm that may result from the release of such information to a competitor. (See also the clauses in this document entitled "Screening Business Information for Claims of Confidentiality" and "Treatment of Confidential Business Information.") Except where otherwise provided by law, the Agency will permit the release of CBI under subparagraphs (1), (3), (4), (5), (6), or (9) only pursuant to a confidentiality agreement.

(d) With respect to contractors, 1552.235-71 will be used as the confidentiality agreement. With respect to Potentially Responsible Parties, such confidentiality agreements may permit further disclosure to other entities where necessary to further settlement or litigation of claims under CERCLA. Such entities include, but are not limited to accounting firms and technical experts able to analyze the information, provided that they also agree to be bound by an appropriate confidentiality agreement.

(e) This clause does not authorize the Agency to release the Contractor's CBI to the public pursuant to a request filed under the Freedom of Information Act.

(f) The Contractor agrees to include this clause, including this paragraph (f), in all subcontracts at all levels awarded pursuant to this contract that require the furnishing of confidential business information by the subcontractor.

(End of clause)

H-7 EPAAR 1552.237-72 KEY PERSONNEL. (APR 1984)

(a) The Contractor shall assign to this contract the following key personnel:

Title Name Phone # Email

Program Manager

Site Supervisor

Quality Assurance Manager

Foreman

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

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

(End of clause)

H-8 EPAAR 1552.237-74 PUBLICITY. (APR 1984)

H-9 EPAAR 1552.237-75 PAPERWORK REDUCTION ACT. (APR 1984)

H-10 EPAAR 1552.237-76 GOVERNMENT-CONTRACTOR RELATIONS. (JUN 1999)

(1) The Contractor should notify the Contracting Officer in writing promptly, within [ ] (to be negotiated and inserted into the basic contract at contract award) calendar days from the date of any incident that the Contractor considers to constitute a violation of this clause. The notice should include the date, nature and circumstance of the conduct, the name, function and activity of each Government employee or Contractor official or employee involved or knowledgeable about such conduct, identify any documents or substance of any oral communication involved in the conduct, and the estimate in time by which the Government must respond to this notice to minimize cost, delay or disruption of performance.

(2) The Contracting Officer will promptly, within [ ] (to be negotiated and inserted into the basic contract at contract award) calendar days after receipt of notice, respond to the notice in writing. In responding, the Contracting Officer will either:

H-11 Local Clauses EPA-H-04-101 RETENTION AND AVAILABILITY OF CONTRACTOR FILES

(a) The contract contains the Federal Acquisition Regulation (FAR) Clause 52.215-2 ""Audit and Records - Negotiation (JUN 1999),"" wherein the contractor is required to maintain and make available to the Contracting Officer or representative of the Contracting Officer (in accordance with FAR Subpart 4.7, ""Contractor Records Retention"") at its office at all reasonable times the books, records, documents, and other evidence relating to this contract (including personnel utilization records, site records, and accounting procedures and practices sufficient to reflect properly all costs claimed to have been incurred under this contract). Such files shall be made available for examination, audit or reproduction.

(b) The contractor is advised that the Government may file suit against potential responsible parties for costs incurred relative to site-related response activities. In such proceedings, the contractor's cost and performance records may become an integral part of the Government's case.

(c) Accordingly, due to the extended nature of court proceedings and EPA audit requirements, the contractor shall make available to the Government, and only to the Government, the records described in (a) and (b) above for a period of ten (10) years after final payment under the contract (See FAR 4.703(b)(1)).

(d) In addition, the contractor shall make available to the Government, and only to the Government, the records relating to any appeals, litigation or the settlement of claims with third parties and which relate to this contract (i.e., cost recovery) until such appeals, litigation, or claims are disposed of.

(e) The contractor shall not destroy original records relating to the contract until (1) all litigation involving the records has been finally settled and approval is obtained from the Contracting Officer, or (2) ten (10) years have passed from the date of final payment, and no litigation involving the records has been instituted, and approval of the Contracting Officer is obtained. In no event should individual records be destroyed if litigation relating to such records is in-process or pending.

(f) From time to time, the Government may, in support of litigation cases, have the need for the contractor to research and make available such records in a form and manner not normally maintained by the contractor. Such effort shall be deemed to be within the scope of work under this contract. If this effort is required after performance of this contract, a separate negotiated procurement action may be instituted with the contractor.

H-12 Local Clauses EPA-H-07-101 PUBLIC COMMUNICATION

The Contractor shall not represent itself as EPA to outside parties. To maintain public trust, and to not mislead the public, the Contractor shall, when communicating with outside parties, identify itself as an Agency Contractor.

When performing work for EPA, contractor personnel must be easily identifiable to the public as an EPA contractor through use of badges, corporate logos, or other distinguishable credentials.

H-13 Local Clauses EPA-H-07-102 IDENTIFICATION OF ON-SITE CONTRACTOR EMPLOYEES

All Contractor, subcontractor, and consultant personnel shall wear prominently displayed identification badges at all times when performing work on EPA property or attending meetings in the performance of this contract. The badge shall contain the individual's name, the company name and logo. When participating in such meetings (e.g., as a speaker, panel member), those individuals in Contractor employ must supplement physical identification (e.g., badges, place markers) with verbal announcements so that it is clear to the assembled group that they are employees of the Contractor, not Agency staff members. In addition, when working on EPA property, all contractor, subcontractor, and consultant personnel shall have signs visible on their desks or at their work sites that clearly state that they are not EPA employees.

H-14 Local Clauses EPA-H-07-103 NOTICE REGARDING PROHIBITED CONTRACTOR ACTIVITIES ON

ENVIRONMENTAL PROTECTION AGENCY (EPA CONTRACTS)

The Contractor shall not perform any of the following activities on behalf of EPA in connection with this contract:

1. The actual preparation of Congressional testimony.

2. The interviewing or hiring of individuals for employment at EPA.

3. Developing and/or writing of Position Descriptions and Performance Standards.

4. The actual determination of Agency policy.

5. Participating as a voting member on a Performance Evaluation Board; participating in and/or attending Award Fee meetings.

6. Preparing Award Fee Letters, even under typing services contracts.

7. The actual preparation of Award Fee Plans.

8. The preparation of documents on EPA Letterhead other than routine administrative correspondence.

9. Reviewing vouchers and invoices for the purposes of determining whether costs, hours, and work performed are reasonable.

10. The preparation of Statements of Work, Work Assignments, Technical Direction Documents, Delivery Orders, or any other work issuance document under a contract that the contractor is performing or may perform. Such a work issuance document, prepared by an EPA prime contractor under an EPA prime contract for its subcontractor, is exempt from this prohibition.

11. The actual preparation of responses to audit reports from the Inspector General, General Accounting Office, or other auditing entities.

12. Preparing responses to Congressional correspondence.

13. The actual preparation of responses to Freedom of Information Act requests, other than routine, non judgmental correspondence.

14. Any contract which authorizes a contractor to represent itself as EPA to outside parties.

15. Conducting administrative hearings.

16. Reviewing findings concerning the eligibility of EPA employees for security clearances.

17. The actual preparation of an office's official budget request.

H-15 Local Clauses EPA-H-09-101 CONTRACTOR DISCLOSURE REQUIREMENTS FOR CONFLICT OF

INTEREST

In submitting notices of potential corporate, affiliate or personal conflicts of interest, the Contractor shall answer each of the following questions as thoroughly as possible. If necessary, the Contracting Officer may request additional information. If a particular question does not apply to the particular situation, the Contractor shall reply by writing "Not Applicable" rather than by making no response.

The Contractor shall forward a copy of the company's answers to both the Contracting Officer and the Project Officer.

Subcontractors must submit their answers to the EPA through the Prime contractor. This information, however, may be marked confidential and sent in a sealed and numbered envelope which is to be opened only by the Contracting Officer. All EPA decisions regarding the notifications will be sent to the prime contractor in writing. The prime contractor shall be responsible for forwarding the Contracting Officer's decision to the subcontractor.

1. During the past three (3) calendar years, has the company or any employees that will be working at this site performed work at this site/facility? If the answer is 'yes', describe, in detail, the nature of work the company or employee(s) performed and provide the names of the employee(s); the dates the work took place and identify the client(s) for whom the work was performed. Note: For reporting purposes, all clients including Commercial, Federal, State or local entities other than the EPA should be included in the check for potential conflict of interest.

2. For any work identified in question 1 that was performed by the company, provide the approximate dollar value of work performed for each client as well as the company's annual sales by fiscal year.

3. With whom has this potential conflict of interest been discussed (include EPA personnel, legal advisors, etc.)?

4. Provide, if relevant, information regarding how the company's organizational structure and/or management system affects its knowledge of possible conflicts or interest relating to other divisions or sections of the organization and how that structure or system could prevent or mitigate/neutralize potential conflicts of interest.

5. Provide an update of any significant change in control or ownership of the company since the submission of information for responsibility determination.

6. Provide any additional information which may be pertinent to this request.

When submitting responses to these questions, the Contractor shall provide the name and telephone number of someone in the company who is knowledgeable with regard to this notice of potential conflict of interest.

H-16 Local Clauses EPA-H-15-101 RELEASE OF COST OR PRICING PROPOSALS OUTSIDE THE

GOVERNMENT FOR AUDIT

Cost or pricing proposals submitted in response to this solicitation may be released outside the Government for audit purposes regardless of whether information contained in such proposals has been claimed or determined to be business confidential. If an outside audit is obtained, the non-Government auditor shall use the information only for audit purposes; shall not disclose any information in the proposals to anyone other than authorized EPA employees without the prior written approval of the Assistant General Counsel responsible for information law matters; and shall return all copies of proposals, as well as any abstracts, to the Government upon completion of the audit. The non- Government auditor shall obtain a written agreement from each of its employees with access to the proposals to honor these limitations prior to allowing the employee access.

H-17 Local Clauses EPA-H-23-101 ENVIRONMENTALLY PREFERABLE PRACTICES

The contractor shall, to the greatest extent practicable, utilize environmentally preferable practices in its course of business. "Environmentally preferable" is defined as products or services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. This comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product or service. Consideration of environmentally preferable practices must be consistent with price, performance, availability, and safety conditions.

H-18 Local Clauses EPA-H-27-102 CONFIDENTIALITY OF INFORMATION

Any data that is…