RFPAB133C08RP0007.pdf

Rating Page of pages SOLICITATION, OFFER AND AWARD

1. This Contract is a Rated Order Under

DPAS (15 CFR 700) 1 40

2. Contract No. 3. Solicitation No. 4. Solicitation Type 5. Date Issued 6. Requisition/Purchase No.

Sealed Bid (IFB) Feb 15, 2008 NCNR0000-7-23459 AB133C-08-RP-0007 X Negotiated (RFP)

7. Issued By Code AJ630031 8. Address Offer To (If other than item 7) Code

WESTERN REGIONAL ACQUISITION DIVISION

7600 SAND POINT WAY NE/WC3

SEATTLE, WA 98115-6349

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

SOLICITATION

9. Sealed offers in original and 5 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in Bldg. 1 until 02:00 PM (hour) local time Mar 18, 2008 (date).

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.

A. Name B. Telephone No. (NO COLLECT CALLS) C. E-Mail Address

10. For Information Call:

SHARON KENT 206-526-6035 SHARON.S.KENT@NOAA.GOV

11. TABLE OF CONTENTS

(x) Sec Description Page(s) (x) Sec Description Page(s) Part I – The Schedule Part II – Contract Clauses X A Solicitation/Contract Form 1-1 X I Contract Clauses 22-27 X B Supplies or Services and Prices/Costs 2-4 Part III – List of Documents, Exhibits and Other Attachments X C Description/Specs./Work Statement 5-11 X J List of Attachments 28-28 X D Packaging and Marking 12-12 Part IV – Representations and Instructions X E Inspection and Acceptance 13-13 X F Deliveries or Performance 14-15 X K Representations, Certifications and Other Statements of Offerors 29-30

X G Contract Administration Data 16-17 X L Instr., Conds., and Notices to Offerors 31-38 X H Special Contract Requirements 18-21 X M Evaluation Factors for Award 39-40

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _______________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the data 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 designated point(s), within the time specified in the schedule.

10 Calendar Days 20 Calendar Days 30 Calendar Days _____ Calendar Days 13. Discount for Prompt Payment (See Section I, Clause No. 52.232-8) % % % %

Amendment No. Date Amendment No. Date

14. Acknowledgment of Amendments The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated.

15A. Name Code Facility 16. Name and Title of Person Authorized to Sign Offer (Type or print) and Address of Offeror

15B. Telephone No. (Include area code) 17. Signature 18. Offer Date

15C. Check if Remittance Address is different from above. Enter such address in Schedule.

AWARD (To be completed by Government)

19. Accepted as to Items Numbered 20. Amount 21. Accounting and Appropriation

22. Authority for Using Other Than Full and Open Competition: 23. Submit Invoices to Address Shown in

10 U.S.C. 2304 (c)( ) 41 U.S.C. 253 (c)( ) (4 copies unless otherwise specified) Item

24. Administered By (If other than Item 7) Code Payment Will be Made By Code

26. Name of Contracting Officer (Type or print) 27. United States of America (Signature of Contracting Officer) 28. Award Date

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

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97) Prescribed by GSA – FAR (48 CFR) 52.214 (c)

Supplies or Services and Prices/Costs

Item No. Supplies/Services Quantity Unit Unit Price Amount

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OFFER SCHEDULE

Provide necessary personnel for Technical Support at Uncontrolled Hazardous Waste Sites in accordance with the Statement of Work, terms and conditions cited herein.

*The hours noted below are an estimate for evaluation purposes only. The Government is not obligated to order the estimated amount specified in the schedule. The hourly estimates do not establish any minimum/maximum ordering limit for which the Government is obligated to place.

The Contractor shall provide fully loaded fixed hourly labor rates required for the professional labor categories noted below. Labor requirements shall be specified by individual orders issued in strict accordance with the Statement of Work and all other terms and conditions herein. These rates are the maximum rates allowable under the contract and will be used when ordering services to be performed. Actual travel expenses and direct costs will be reimbursed on each individual task order.

*ESTIMATED

Base Year Requirement - 7/1/08 - 6/30/09 0001 Principal Investigator 200 HR ______________ ______________

0002 Senior Scientist 700 HR ______________ ______________

0003 Senior Engineer/Environmental Engineer 600 HR ______________ ______________

0004 Field Investigator, Level 2 3600 HR ______________ ______________

0005 Field Investigator, Level 1 4000 HR ______________ ______________

Subtotal Items 1- 5 $________________

Option Year 1 - 7/1/09 - 6/30/10 0006 Principal Investigator 200 HR ______________ ______________

0007 Senior Scientist 700 HR ______________ ______________

0008 Senior Engineer/Environmental Engineer 600 HR ______________ ______________

0009 Field Investigator, Level 2 3600 HR ______________ ______________

0010 Field Investigator, Level 1 4000 HR ______________ ______________

Subtotal Items 6 - 10 $________________

Option Year 2 - 7/1/10 - 6/30/11 0011 Principal Investigator 200 HR ______________ ______________

0012 Senior Scientist 700 HR ______________ ______________

0013 Senior Engineer/Environmental Engineer 600 HR ______________ ______________

0014 Field Investigator, Level 2 3600 HR ______________ ______________

Supplies or Services and Prices/Costs

Item No. Supplies/Services Quantity Unit Unit Price Amount

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0015 Field Investigator, Level 1 4000 HR ______________ ______________

Subtotal Items 11 - 15 $________________

Option Year 3 - 7/1/11 - 6/30/12 0016 Principal Investigator 200 HR ______________ ______________

0017 Senior Scientist 700 HR ______________ ______________

0018 Senior Engineer/Environmental Engineer 600 HR ______________ ______________

0019 Field Investigator, Level 2 3600 HR ______________ ______________

0020 Field Investigator, Level 1 4000 HR ______________ ______________

Subtotal Items 16 - 20 $________________

Option Year 4 - 7/1/12 - 6/30/13 0021 Principal Investigator 200 HR ______________ ______________

0022 Senior Scientist 700 HR ______________ ______________

0023 Senior Engineer/Environmental Engineer 600 HR ______________ ______________

0024 Field Investigator, Level 2 3600 HR ______________ ______________

0025 Field Investigator, Level 1 4000 HR ______________ ______________

Subtotal Items 21- 25 $________________

Total Items 1- 25

SECTION B

AB133C-08-RP-0007

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B.1 1352.216-70 CONTRACT TYPE (MAR 2000)

This is an Indefinite-Delivery Indefinite-Quantity (IDIQ) type contract for services. It consists of a base period from 7/1/08 through 6/30/09 and four one-year option periods. Task Order(s) awarded against the contract will either be firm-fixed-priced, labor hour or time-and-material type orders, with reimbursable travel costs for actual expenses.

B.2 HOURLY LABOR RATES

The unit prices (hourly rates) entered on Pages 2 and 3 shall reflect fully loaded hourly rates which include costs of overhead, G&A, fringes, and profit.

The unit prices shall NOT include travel costs. The Government requires that the Project Manager’s salary be included in the overhead base.

B.3 1352.216-72 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (MAR 2000)

During the period specified in the ORDERING clause (FAR 52.216-18), the Government shall place orders totaling a minimum of $10,000 over the life of the contract. The amount of all orders shall not exceed $2,400,000 over the life of the contract.

B.4 1352.216-73 CEILING PRICE (MAR 2000)

The contract ceiling price shall not exceed $2,400,000 over the life of the contract. The task order ceiling price will be established per each individual task order(s). The contractor shall not make expenditures nor incur obligations in the performance of this contract which exceeds the award amount/ceiling price specified in the task order, except at the contractor’s own risk and expense.

(End of clause)

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

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C.1 1352.211-70 STATEMENT OF WORK/SPECIFICATIONS (MAR 2000)

The Contractor shall furnish the necessary personnel, material, equipment, and services to perform the following the Statement of Work/Specifications as specified herein:

I. TITLE: TECHNICAL SUPPORT SERVICES AT UNCONTROLLED HAZARDOUS WASTE SITES

A. BACKGROUND

The National Oceanic and Atmospheric Administration (NOAA) serves as trustee or co-trustee for natural resources as mandated by Sections 104, 107, and 122 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended; Subpart G of the National Oil and Hazardous Substance Contingency Plan (NCP); and Executive Order 12580.

Sections 104 and 122 of the Superfund Amendments and Reauthorization Act of 1986 require the Environmental Protection Agency (EPA) to notify trustees of potential injuries to natural resources resulting from release under investigation; to coordinate EPA’s assessments, investigations and planning with trustees; and to notify trustees of, and to encourage trustees to participate in, negotiations of settlements at sites where there is the potential for injury to natural resources.

NOAA, through the Assessment and Restoration Division headquartered in Silver Spring, Maryland and Seattle, Washington, works in identifying and assessing risks to natural resources from hazardous waste sites and in developing cost-effectiveness strategies to minimize those risks. Early coordination and notification of potential natural resource injuries allows Federal and state resource trustees to carry out responsibilities under Section 107 of the CERCLA, Executive Order 12580, and Subpart G of the NCP while minimizing interference in site cleanup schedules.

NOAA Regional Resource Coordinators (RRCs) are assigned to EPA offices in Regions 1, 2, 3, 4, 5, 6, 9 and 10 to provide technical support in evaluating the potential impact of hazardous waste sites to coastal natural resources.

RRCs also act as technical liaisons with Federal, State, and local natural resource agencies during field investigations, remedial planning, and design and implementation of mitigation strategies. Drawing on a broad-based NOAA scientific staff, RRCs provide support during all phases of CERCLA hazardous substances response.

The CERCLA provides for liability, compensation, cleanup, and emergency response for hazardous substances releases in the environment, the cleanup of inactive hazardous waste disposal sites and for liability for natural resource damages and recovery of damages on behalf of the public. NOAA acts as trustee for natural resources under CERCLA and the Office of Response and Restoration (OR&R) has the responsibility for implementing CERCLA trustee responsibilities within NOAA. Within OR&R, the Assessment and Restoration Division (ARD) has responsibility for ensuring specific CERCLA remedial actions protect and restore NOAA’s trust resources, conducting natural resource damage assessments, and pursuing negotiated settlements for restoration of habitat or litigation to resolve NRDA liability.

ARD is part of the Damage Assessment, Remediation, and Restoration Program (DARRP) which is comprised of NOS/ORR/ARD, NOAA General Counsel for Natural Resources (GCNR), and NMFS Restoration Center (RC). NOAA’s DARRP collaborates with other agencies, industry, and citizens to protect coastal and marine resources, respond to pollution incidents, assess risks and injuries, and

Page - 6 restore those resources when injured. ARD implements its responsibilities through a staff of technical experts located in Seattle, Washington and Regional Resource Coordinators located in regional offices of the EPA and co-located at several regional NMFS RC offices. The focus of the OR&R CERCLA remedial program is the coastal hazardous waste sites on the National Priorities List. These sites are drawn from the approximately 32,000 sites in the National Hazardous Waste Site inventory. ARD also has responsibility for the activities in conjunction with CERCLA remedial actions where EPA or the state agencies have the lead for cleanup of uncontrolled hazardous waste sites and for Federal facility sites.

ARD identifies hazardous waste sites subject to removal or remedial actions under the NCP through trustee notification procedures that have been established in EPA regional offices or through notification by state Superfund agencies.

During the course of a removal or remedial action at a site, ARD will evaluate information from studies and make recommendations on the most appropriate action necessary to ensure protection and restoration of natural resources. ARD determines the extent and magnitude of environmental injuries and lost services and defines the type and scope of restoration best suited to address these injuries. ARD is currently following approximately 350 sites or incidents that have the potential to affect trust resources. ARD works cooperatively with the responsible party or pursues other strategies to resolve natural resource liability and implements projects to restore the affected resources and their services to the public or oversee and monitor projects implemented by others.

The purpose of this contract is to support NOAA’s capability to evaluate the effects of hazardous substance releases from uncontrolled waste sites as they relate to the resources and habitats of interest to NOAA and to develop plans for resource protection and restoration.

B. SCOPE OF WORK

Task A

Evaluate the potential for injury to NOAA resources from hazardous substance release. This task shall require reviewing historical site files, evaluating data collected during hazardous waste site investigations, conducting site visits, and evaluating other literature that relates to contaminants, habitats, and species that may be affected by a release, including:

• Providing natural resource data relevant to NOAA trust resources;

• Providing information on environmental fate and transport of specific contaminants in surface water, sediment, and biological pathways;

• Identifying environmental receptors, sensitive habitats, bioaccumulation potential, and commercial and recreational use of trust resources;

• Specifying physical, biological, and chemical analytical procedures for aquatic environments;

• Identifying sample locations and frequencies;

• Evaluating the potential impacts of contamination on natural resource receptors;

• Identifying or reviewing alternative action levels for aquatic environments where regulatory standards do not exist;

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• Identifying potential adverse environmental impacts of alternatives;

and

• Identifying potential mitigation or restoration strategies to promote recovery of trust resources.

Data and information evaluations under Task A shall result in oral and written reports that are specified at the time work is ordered.

Approximate percentage of effort: 55%

Task B

Conduct field surveys of hazardous substances releases to document the extent of contamination in habitats and organisms of interest to NOAA and to monitor effectiveness of cleanup and restoration activities. NOAA shall identify the sites where these investigations will be conducted. Specific field studies may require sampling to support:

• Evaluating the source and spatial distribution of contaminants to determine the significance of the release in relation to other potential pollution sources;

• Investigating the temporal distribution and fate of contaminants in the environment;

• Determining the level of contamination in species of concern and evaluating the contribution of those contaminants to the degradation of trustee resources; and

• Determining reduction in risk and/or increase in health of impacted or restored habitat.

Investigations may include the use of biological assessment procedures such as bioassays. The Contractor shall conduct or contract for precision gas chromatographic/mass spectral analysis of samples. Samples shall be analyzed for compounds including, but not limited to, U.S. EPA “Target Compound List” pollutants. The performing laboratory must demonstrate satisfactory analysis of EPA “Priority Pollutant Performance Standards.” Results of the analysis are to be interpreted in terms of the requirements of the individual task order.

Specific sample collection and analysis requirements shall be identified in individual task orders. Information from sampling efforts or monitoring of remedial or restoration effectiveness shall be used to prepare monitoring data and analysis reports.

Approximate percentage of effort: 15%

Task C

Support environmental assessments of potential injuries to natural resources for which NOAA acts as a trustee or co-trustee resulting from releases of hazardous substances. These surveys will be used by NOAA in evaluating appropriate remedial actions and reaching settlements with defendants in actions brought under CERCLA.

In general, the Contractor shall be responsible for gathering and interpreting information necessary to evaluate the potential ecological risks associated with releases from a hazardous waste site. The surveys shall require:

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• Interpreting data to evaluate concentrations of contaminants in aquatic habitats;

• Identifying pathways and habitats of concern and the data necessary to characterize the environmental setting of the site;

• Evaluating the potential impacts of contamination on natural resource receptors; and

• Identifying natural resources that could be affected by a site and complete NOAA site reports to identify threats to trust resources and the environment.

This information shall be used to complete Waste Site Reports or Ecological Risk Assessments or other appropriate reports. These reports represent increasing levels of complexity and interpretation of site-specific data. (See Attachment J.2 for an example of report outlines for a Waste Site Report and an Ecological Risk Assessment.)

Approximate percentage of effort: 20%

Task D

Provide assistance in restoration planning (including injury magnitude and restoration scaling), restoration project alternatives analysis & selection, development of habitat restoration plans, assembly of pubic outreach materials and compiling information and documentation needed for NEPA compliance, Essential Fish Habitat (EFH) and EFH consultation, cultural resource evaluation and Coastal Zone Management (CZM) consistency determinations and various other requirements for restoration projects considered for compensation for natural resource injuries, projects under consideration by a trustee council, or actually designated as part of settlements with responsible parties to resolve natural resource damage liability under CERCLA. These plans, documents, reports and public outreach materials will be used by NOAA in evaluating appropriate restoration alternatives and establishing the appropriate documentation and project plans for meeting federal and state requirements for restoration project planning, public review, and implementation.

In general, the Contractor shall be responsible for gathering and interpreting information and drafting appropriate materials/documentation and preparing reports for the following, in coordination with the NOAA RRC and technical support staff:

1) Prepare NEPA-related documents such as Draft and Final Restoration Plan/Environmental Analyses, and a draft Finding of No Significant Impact (FONSI) for a wide variety of restoration projects ranging from wetland rehabilitation or creation, stream improvement for anadromous fish, and reestablishment of submerged aquatic vegetation. With input from DARRP staff (ARD and/or NMFS RC), the consultant will describe the site background, affected environment, describe the role of the natural resource trustees and the public in the process, identify the goals of the restoration project, the scope of the restoration actions, the analysis of the candidate restoration projects, and evaluation of alternatives and environmental consequences.

2) Prepare documents describing the preferred project and project design, the permitting requirements, monitoring program and performance criteria, and compliance with applicable environmental laws.

3) Provide assistance with restoration planning and restoration selection based on NOAA’s technical position and requirements for a covenant not to sue.

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4) Assemble presentation materials, slides, etc., to assist NOAA staff during the public participation meetings, hearings, etc.

5) Provide assistance in researching and for coordination on Essential Fish Habitat (EFH), Endangered Species Act (ESA), Federal Consistency with Department of State, and Archeological/Cultural assessments.

6) Draft RP/EA Newspaper, Federal Register and/or State Register Announcements in consultation with GC and CPRD.

Data and information evaluations under Task D shall result in oral and written deliverables or reports that are specified at the time work is ordered.

Approximate percentage of effort: 10%

II. GEOGRAPHIC AREAS OF PERFORMANCE

This contract may be performed from any location in the continental United States. Studies shall be conducted primarily in coastal areas of the United States, territories, and protectorates.

III. SAFETY AND HEALTH PROGRAM

The Contractor shall be responsible for maintaining a comprehensive safety program for its personnel that is consistent with applicable Federal and State regulations and NOAA safety and health monitoring plans.

IV. DOCUMENTATION

The Contractor shall retain site-specific documentation of costs for a period of 10 years after final contract payment or until such documentation has been provided to the Government.

VI. PROGRAM COORDINATION

The Contractor shall provide overall administrative/technical and contractual support, including state and local requirements for insurance and liability coverage for its employees. The Contractor shall be responsible for adherence to all federal, state, local, and site-specific safety regulations

VII. DESCRIPTION OF DIRECT LABOR QUALIFICATIONS

While the work required by this contract is closely related to removal and remedial actions conducted by the EPA, it is not a duplication of those efforts.

Experience related to EPA waste site actions is not sufficient qualification for this effort. Considerable emphasis will be placed on training and experience related to environmental engineering and evaluation of hazardous substances contaminants in coastal waters and their effects on habitats and species of concern to NOAA, as well as actions necessary to enhance recovery and restoration.

All direct labor categories required to perform tasks issued under this contract are described in a generic manner. Each person designated for a labor category is required to have the minimum background, experience and education as required below.

The Contractor shall designate a Project Manager or Principal Investigator as the primary contact point for the Government's Contracting Officer, Contracting Officer’s Technical Representative and the Contractor's employees designated as key personnel under individual task orders.

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Project Manager (PM) Duties: The Contractor shall designate a PM who shall be responsible for administrative supervision of the contract provisions, including receipt of task orders, cost accounting, project scheduling and completion of deliverables. The project manager shall be the Contractor's primary administrative representative having full authority to act on matters pertaining to the performance of the services required under this contract.

Education: A M.S. degree or equivalent, and 8 years experience or a Ph.D. and 3 years experience.

AND

Experience: The individual shall have technical experience or training in marine biology, ecology oceanography, chemistry, aquatic toxicology, environmental engineering or other disciplines directly related to and commensurate with the requirements of this contract. Experience shall also include a demonstration of managerial capacity, including fiscal management of activities similar to those ecified in the Scope of Work. sp

Principal Investigator (PI) Duties: The PI is primarily responsible for scientific and technical aspects of project design and implementation, providing technical advice and direction to other professionals. The PI may also be designated as the PM if the PM has fiscal management experience.

Education: A M.S. degree or equivalent, and 8 years experience or a Ph.D. and 3 years experience.

AND

Experience: Experience shall include planning, conducting, and supervising projects of major significance related to hazardous substances and their effects on coastal resources and measures necessary to restore coastal resources.

Technical experience or training shall include marine biology, ecology oceanography, chemistry, aquatic toxicology, environmental engineering or other disciplines directly related to and commensurate with the requirements of this contract.

Senior Scientist Duties: Responsible for scientific and technical aspects of project design and implementation. Provide technical advice and direction to other professionals.

Education: A M.S. degree or equivalent, and 8 years experience or a Ph.D. and 3 years experience.

AND

Experience: Experience shall include planning, conducting, and supervising projects of major significance related to hazardous substances and their effects on coastal resources and measures necessary to restore coastal resources. The individual shall have extensive experience with aquatic environmental contaminant data. Additionally, technical experience or training shall include marine biology, ecology oceanography, chemistry, aquatic toxicology, environmental engineering, hydrology or other disciplines directly related to and commensurate with the requirements of this contract.

Senior Engineer/Environmental Engineer Duties: Responsible for engineering and technical aspects of project design and implementation. Provide technical advice and direction to other professionals.

Education: A B.S. degree or equivalent, and 5 years of experience or a M.S.

degree and 3 years of experience.

AND

Experience: Experience shall include planning, conducting, and supervising projects of major significance related to hazardous substances and their effects on coastal resources and measures necessary to restore coastal resources. The

Page - 11 individual shall have technical experience or training in chemistry of natural waters, hydrogeology, statistical analysis, oceanography, coastal engineering, soil/wetland science, treatment of wastes and wastewaters or other disciplines directly related to and commensurate with the requirements of this contract.

Field Investigators - Level 2 Duties: Perform work as directed by the PI or Senior Scientist.

Education: A B.S. degree or equivalent with a minimum of 3 years of applicable experience or a M.S. degree.

AND

Experience: Individuals shall have demonstrated experience in translating technical guidance received from Senior Scientists into investigations producing usable data applicable to the tasks, demonstrated experience in coordinating the activities assigned by other technical personnel, and have experience in performing varied assignments that require originality and ingenuity.

Additionally, individuals shall have technical experience or training in marine biology, ecology oceanography, chemistry, aquatic toxicology, environmental engineering, hydrology or other disciplines directly related to and commensurate with the requirements of this contract.

Field Investigators - Level 1 Duties: Perform work as directed by the PI or Senior Scientist.

Education: A B.S. degree or equivalent with 1 to 3 years of related experience.

AND

Experience: Individuals shall have demonstrated experience in translating technical guidance received from Senior Scientists into investigations producing usable data applicable to the tasks, demonstrated experience in coordinating the activities assigned by other technical personnel, and have experience in rforming varied assignments that require originality and ingenuity. pe

SECTION D

PACKAGING AND MARKING

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D.1 1352.247-70 PACKING FOR DOMESTIC SHIPMENT (MAR 2000)

Material shall be packed for shipment in such a manner that will ensure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with the Interstate Commerce Commission regulations, Uniform Freight Classification rules, or regulations of other carriers as applicable to the mode of transportation.

SECTION E

INSPECTION AND ACCEPTANCE

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E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

http://acquisition.gov/comp/far/index.html

E.2 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)

(Reference 46.304)

E.3 52.246-6 INSPECTION--TIME-AND-MATERIAL AND LABOR-HOUR (MAR 2001)

(Reference 46.306)

E.4 1352.246-70 INSPECTION AND ACCEPTANCE (MAR 2000)

The Contracting Officer or the duly authorized representative will perform inspection and acceptance of supplies and services to be provided under this contract.

SECTION F

DELIVERIES OR PERFORMANCE

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F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

ht tp://acquisition.gov/comp/far/index.html

F.2 52.242-15 STOP-WORK ORDER (AUG 1989)

F.3 1352.215-70 PERIOD OF PERFORMANCE (MAR 2000)

The period of performance of this contract is from July 1, 2008, or date of contract award, whichever comes later, through June 30, 2009. The Government has the right to exercise four (4) one-year option periods.

F.4 CONTRACT DELIVERABLES

The following is a list of potential report deliverables:

SECTION

“F”

REFERENCE

CONTRACT

CLAUSE

DELIVERABLE

DUE DATE

DELIVER

TO

F.4.1 H.4 Restrictions

Against Disclosure Upon suspension of breach of clause

CO

F.4.2 H.9.c. Requests for changes in personnel shall be submitted to the Contracting Officer

15 working days prior to making any permanent substitutions

CO

F.4.3

I.6 Anti-Kickback Procedures

Promptly report in writing the possible violation as follows:

(2) When the Contractor has reasonable grounds to believe that a violation described in paragraph

(b) of this clause may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting agency.

CO

F.4.4 I.13 Audit and Records (e) Reports. If the Contractor is required to furnish cost, funding, or performance reports, the Contracting Officer or an authorized representative of the Contracting Officer shall have the right to examine and audit the supporting records and materials, for the purpose of evaluating --

(1) The effectiveness of the Contractor’s policies and procedures to produce data compatible with the objectives of these reports; and

(2) The data reported.

(3) That requires the subcontractor to furnish reports as discussed in paragraph (e) of this clause.

CO

SECTION F

DELIVERIES OR PERFORMANCE

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F.5 INDIVIDUAL ORDER DELIVERABLES

A. Deliverables will be specified in each individual order.

B. The following reports may be required as specified below.

REPORT NAME REPORT DESCRIPTION DUE DATE DELIVER

TO

NOAA resources from hazardous substance release

Task A - Data and information evaluations shall result in oral and written reports that are specified at the time of work is ordered.

Specified in

Individual Orders

COTR

Field survey analysis and monitoring data

Task B – Results of sample analysis and monitoring data shall be reported as required in the individual task order.

Specified in

Individual Orders

COTR

Waste Site Reports or Ecological Risk Assessments or other appropriate reports

Task C - These reports represent increasing levels of complexity and interpretation dependent on site-specific data required by individual task orders.

Specified in

Individual Orders

COTR

NEPA related documents

Task D - Data and information evaluations shall result in oral and written reports that are specified at the time of work is ordered.

Specified in

Individual Orders

COTR

Weekly Progress Reports

All Tasks - Provide short email or hard copy report. Include task order name, start date, estimated completion date, due date, technical contact name, and relevant comments, issues, and problems encountered during the report period preventing progress. Provide detailed solutions to overcome obstacles and problem areas.

Weekly COTR

Progress Reports

All Tasks – Provide report documenting task order start date, estimated completion date, summary of tasks and summary of funds expended by task and if appropriate, by site. Provide documentation specified in Clause G.5, Item A.7 if requested. These reports shall be correlated with typical billing cycles or on a monthly basis.

Monthly COTR

Special Reports

Complete special reports or studies pertaining to the task effort as required.

Specified in

Individual Orders

COTR

F.6 PERFORMANCE MEASURES

(a) Orders issued under this contract shall contain, to the maximum extent practicable, meaningful performance measures to enable the assessment of success/failure in meeting the objectives of the requiring office.

(b) The Contracting Officer’s Technical Representative (COTR) will be responsible for monitoring task order performance to assess progress. The Contracting Officer shall be notified by the COTR when it appears that contractor performance will not successfully meet the established measures.

SECTION G

CONTRACT ADMINISTRATION DATA

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G.1 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (MAR 2000)

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

(End of clause)

G.2 1352.201-71 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR) (FEB

2005)

a. (To be indicated at time of award), is hereby designated as the Contracting Officer's Technical Representative (COTR). The COTR may be changed at any time by the Government without prior notice to the Contractor by a unilateral modification to the Contract. The COTR is located at:

b. SUBMIT ALL INVOICES TO THE COTR AT THE ADDRESS INDICATED ABOVE.

c. The responsibilities and limitations of the COTR are as follows:

(1) The COTR is responsible for the technical aspects of the project and serves as technical liaison with the Contractor. The COTR is also responsible for the final inspection and acceptance of all reports, and such other responsibilities as may be specified in the contract.

(2) The COTR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the Contract price, terms or conditions. Any Contractor request for changes shall be referred to the Contracting Officer directly or through the COTR. No such changes shall be made without the expressed prior authorization of the Contracting Officer (CO). The CO may designate assistant or alternate COTR(s) to act for the COTR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the Contractor.

G.3 1352.216-76 PLACEMENT OF ORDERS (MAR 2000)

The Contractor shall provide services under this Contract only as directed in Task Orders. In accordance with FAR 16.505, each order will include:

(i) Date of order.

(ii) Contract number and order number.

(iii) Item number and description, quantity, and unit price or estimated cost or fee.

(iv) Delivery or performance date.

(v) Place or delivery or performance (including consignee).

(vi) Packaging, packing, and shipping instructions, if any.

(vii) Accounting and appropriation data.

(viii) Method of payment and payment office, if not specified in the contract.

(ix) Any other pertinent information.

In accordance with FAR 52.216-18, ORDERING, the following individuals (or activities) are authorized to place orders against this contract:

Contracting Officer

SECTION G

CONTRACT ADMINISTRATION DATA

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G.4 ADMINISTRATIVE CONTRACTING OFFICER (ACO)

Sharon Kent is hereby designated as the Administrative Contracting Officer for the contract. All correspondence and inquiries concerning administration of this contract should be addressed to the Contract Administrator at the address in Block 7 (page 1) of this document.

G.5 INVOICING INSTRUCTIONS

A. In accordance with FAR 52.232-25, Prompt Payment, as Section I.50, the following information shall be included on all invoices submitted for payment under this contract:

1. Name and address of the Contractor;

2. Invoice date and number;

3. Contract number and task order number;

4. Contract line item number and description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed;

5. Where applicable, shipping and payment terms;

6. Name (where practicable), title, phone number and mailing address of person to be notified in the event of a defective invoice; and

7. Any other information or documentation required by other requirements of the contract such as receipts associated with all travel expenditures and progress reports as described in F.5 to be attached to each invoice. Invoices must show the following breakout: employee name, labor category, number of hours worked, applicable contract hourly rate and receipts for any material charges (if a time-and-material order). Time sheets may be requested to support the invoices.

B. Individual invoices shall be submitted for each task order. Invoices shall be submitted no more than once a MONTH in original and mailed to the COTR for approval. Reference Clause G.2, Contracting Officer's Technical Representative (COTR), for COTR mailing address (provided at time of award).

C. If payment address differs from the address shown in Block 15A of the Standard Form 33, offerors shall mark Block 15C and enter the payment address in the schedule.

D. Payment addresses must reflect the mailing/billing information registered in the Central Contractor Registration (CCR) database to avoid processing delays.)

SECTION H

SPECIAL CONTRACT REQUIREMENTS

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H.1 1352.208-70 PRINTING (MAR 2000)

Unless otherwise specified in this contract, the Contractor shall not engage in, or subcontract for, any printing (as that term is defined in Title I of the Government Printing and Binding Regulations in effect on the effective date of this contract) in connection with performing under this contract. Provided, however, that performing a requirement under this contract involving the duplicating of less than 5,000 units of only one page, or less than 25,000 units in the aggregate of multiple pages, such pages are not exceeding a maximum image size of 10 and 3/4 inches by 14 and 1/4 inches, will not be deemed printing.

H.2 1352.209-71 ORGANIZATIONAL CONFLICT OF INTEREST (MAR 2000)

(a) The Contractor warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which would 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.

(b) The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the Contractor will 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 to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflict.

(c) Remedies - The Contracting Officer 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 or misrepresented relevant information to the Contracting Officer, the Government may terminate the contract for default, debar the Contractor for Government contracting, or pursue such other remedies as may be permitted by law or this contract.

(d) The Contractor further agrees to insert provisions which shall conform substantially to the language of this clause, including this paragraph (d), in any subcontract or consultant agreement hereunder.

H.3 CONFLICT OF INTEREST

ORR requires objectivity and lack of conflicts of interest due to the potential for regulatory or NRDA actions that may follow an emergency response.

If the Contractor has entered into a contract with a party whose actions may have required an emergency response and/or damage assessment, a potential conflict of interest may exist. If such a potential conflict arises, the Contractor shall immediately notify the Contracting Officer or COTR.

H.4 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (MAR 2000)

a. The Contractor agrees, in the performance of this contract, to keep the information furnished by the Government and designated by the Contracting Officer or Contracting Officer's Technical Representative in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify the Contracting Officer in writing in the event that the Contractor determines or has reason to suspect a breach of this requirement.

b. The Contractor agrees that it will not disclose any information described in Subsection A to any persons or individual unless prior written approval is

Page - 19 obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

H.5 1352.209-73 COMPLIANCE WITH THE LAWS (MAR 2000)

The Contractor shall comply with all applicable laws and rules and regulations having the force of law which deal with or relate to performance hereunder or the employment by the Contractor of the employees.

H.6 1352.216-78 TASK ORDERS (MAR 2000)

a. In task order contracts all work shall be initiated only by issuance of a fully executed task order issued by the Contracting Officer. The work to be performed under these task orders must be within the scope of the contract. The Government is only liable for labor hours expended under the terms and conditions of this contract to the extent that a fully executed task order has been issued and covers the required work. Charges for any work not authorized shall be disallowed.

b. The COTR shall initiate the task order implementation process by preparing a statement of requirements to be achieved by completion of the task order in the form of a Task Order Statement of Work. The Contractor will be requested to provide specific services as described within the draft task order via qualified personnel. The Statement of Work shall contain a detailed description of the functional or other objectives to be achieved, a schedule for completion of the task order, and deliverables to be provided by the task order.

c. The Contractor shall submit a brief technical proposal and price proposal based on the Statement of Work to the Contracting Officer. The technical proposal shall provide the Contractor's interpretation of the scope of work, a description of the technical approach, a work schedule and deliverables. A price proposal shall be submitted based on the labor categories in the offer schedule.

d. Once the Government has determined that the proposed number of hours and labor mix required to complete the task order and description of work to be performed are acceptable, the Government will notify the Contractor verbally or in writing, of the acceptance.

e. Task orders will be considered fully executed upon signature of the Contracting Officer. The Contractor shall begin work on the task order in accordance with the effective date indicated on the task order.

f. Following execution of the task order, technical clarifications may be issued by the COTR to amplify, or provide additional guidance to the Contractor regarding performance of the task order. The Contractor shall notify the Contracting Officer of any instructions or guidance the Contractor considers to be a change to the task order which will impact the cost, schedule or deliverables content of the baseline work plan. In cases where technical instructions or other events may dictate a change from the baseline, task orders may be formally modified in writing by the Contracting Officer to reflect modifications to tasking.

g. Task orders may be placed during the period of performance of the contract, as identified in Section F. Labor rates applicable to hours expended in performance of an order will be the contract rates that are in effect at the time the task order is executed. Any order issued during the period of performance of this contract and not completed within that time shall be governed by the contract terms to the same extent as if the order were completed during the contract's period of performance, including the contract and individual order ceiling prices. Work performed on such orders after the end of the contract's period of performance will continue to be charged at the last effective rates.

H.7 1352.231-70 DUPLICATION OF EFFORT (MAR 2000)

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The Contractor hereby certifies that costs for work to be performed under this contract and any subcontract hereunder are not duplicative of any costs charged against any other Government contract, subcontract, or other Government source.

The Contractor agrees to advise the Contracting Officer, in writing, of any other Government contract or subcontract it has performed or is performing which involves work directly related to the purpose of this contract. The Contractor also certifies and agrees that any and all work performed under this contract shall be directly and exclusively for the use and benefit of the Government, and not incidental to any other work, pursuit, research, or purpose of the Contractor, whose responsibility it will be to account for it accordingly.

H.8 1352.233-70 HARMLESS FROM LIABILITY (MAR 2000)

The Contractor shall hold and save the Government, its officers, agents, and employees harmless from liability of any nature or kind, including costs and expenses to which they may be subject to or on account of any or all suits or damages of any character whatsoever resulting from injuries or damages sustained by any person or persons or property by virtue of performance of this contract, arising or resulting in whole or in part from the fault, negligence, wrongful act or wrongful omission of the contractor, or any subcontractor, their employees, and agents.

H.9 1352.237-73 KEY PERSONNEL (MAR 2000)

a. The Contractor shall assign to this contract the following Key Personnel:

Program Manager Principal Investigator Senior Scientist

b. The Contractor shall obtain the consent of the Contracting Officer prior to making Key Personnel substitutions. Replacements for Key Personnel must possess qualifications equal to or exceeding the qualifications of the personnel being replaced specified.

c. Requests for changes shall be submitted to the Contracting Officer at least 15 working days prior to making any permanent substitutions. The request should contain 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. The Contracting Officer will notify the Contractor within 10 working days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes.

H.10 1352.252-71 REGULATORY NOTICE (MAR 2000)

Offerors are advised that certain provisions and clauses identified with a Commerce Acquisition Regulation (CAR) notation for identification purposes, have not yet been incorporated into the CAR. However, all of these items are binding for this acquisition and will eventually be contained in the CAR at Part 13 of Title 48 of the Code of Federal Regulations.

(End of clause)

H.11 LIAISON AND COORDINATION

The Contractor shall coordinate efforts with the Contracting Officer or a designated representative. Any request or recommendation for a change shall be made in writing to the Contracting Officer for necessary implementation, if plicable. ap

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H.12 GOVERNMENT-CONTRACTOR RELATIONSHIP(S)

The Government and the Contractor understand that the services to be provided…