Attch_1__SOW_Const_HAZMAT.pdf

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CONSTRUCTION HAZARDOUS MATERIAL

AND

ABANDONED MINE LAND RESPONSE

Statement of Work

TABLE OF CONTENTS

1 PURPOSE

2 BACKGROUND

3 SCOPE

4 TASK ORDER

5 DELIVERABLES

5.1 Contract Deliverables

5.2 Task Order Deliverables

6 RECORDKEEPING

7 GENERAL INFORMATION

7.1 Potential Site Restrictions and Other Issues

7.2 Government Furnished Information

7.3 Required Response Times

7.4 Working Hours

7.5 BLM Personnel On-Site

7.6 Data Rights

7.7 Organizational Conflict of Interest

7.8 Physical Security

7.9 Health, Safety, and Personnel Training

7.10 Regulatory Approvals

7.11 Protection of Sensitive Environments

7.12 Compliance with Other Laws and Audit Access

7.13 Preservation of Historical and Archaeological Data

7.14 Cleanup of Hazardous Substance Spills Caused by the Contractor and its Subcontractors

STATEMENT OF WORK

1 PURPOSE

The Bureau of Land Management (BLM) plans to award a contract to multiple Contractors for environmental construction services involving hazardous substances regulated by the U.S. Environmental

Protection Agency, State and other regulatory agencies.

2 BACKGROUND

Historically, BLM lands have been used for a variety of purposes, such as mining, ore processing, energy production, energy corridors, military and private firing ranges, farming, and grazing. BLM lands also have been used for illegal dumping, wire-burns, drug labs, and marijuana grow sites, among other activities. Consequently, environmental contamination found on BLM lands may have originated from a variety of sources.

3 SCOPE

This contract will support a broad range of investigation, cleanup, safety mitigation, and restoration work required by BLM pursuant to Comprehensive Environmental Response, Compensation, and Liability Act

(CERCLA) and similar authorities, including the Department of Interior (DOI) Natural Resource Damage

Assessment and Restoration (NDRAR) Program, and the BLM’s Abandoned Mine Lands Safety

Program.

Project sites will mainly be in the states of Alaska, Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Washington, Utah, and Wyoming; however, work may be performed in any state within the continental United States (i.e., not in the State of Hawaii and U.S. Territories). Some project sites may be in remote, isolated locations, not readily accessible by roadway.

A summary of construction services, which may be required under this contract include, but are not limited to:

• Construct time-critical removal actions, non-time critical removal actions, and remedial actions in accordance with CERCLA, RCRA, and other environmental statutes (e.g., Clean Air Act, Clean

Water Act, etc.)

• Develop strategies and plans for mitigating physical safety hazards associated with past uses on

BLM-managed lands, including abandoned mine lands (AML), and install protective features, such as signs, bat gates/grates, adit and shaft closures, fencing, road gates, earth contouring, and other physical safety mechanisms

• Characterize, inventory, neutralize, remove, abate, sample, analyze, containerize, transport, and dispose of pollutants, petroleum and derivatives, hazardous substances, hazardous waste, biomedical waste, chemical or biological warfare agents, radiological contamination, explosives, solid waste, unknown materials, or any material that is regulated, which may be a threat to public health or environment

• Perform environmental monitoring, including air surveillance and environmental sampling, during construction work

• Sample and analyze hazardous and non-hazardous materials/wastes for the purpose of characterization, confirmation, waste profiling, etc.

• Provide restoration services, such as revegetation

• Prepare project-related work plans and schedules

• Provide asbestos abatement services

• Removal of fuel and debris from sunken vessels or vessels discharges

• Deployment of booms, skimmers, or other oil spill response equipment in cases where a secondary spill of petroleum occurs during a HazMat response

All work conducted under this Statement of Work (SOW) shall follow all applicable Federal, State, and local environmental and safety laws and regulations. For all activities, potential impacts on human, flora, fauna, and the environment must be considered. Special consideration must be given to protection of sensitive environments following Federal, State, and the BLM’s stipulations for threatened and endangered species and historic and archaeological sites.

Work may require close coordination and decision-making with BLM and their cooperators. The

Contractor also may be required to work in coordination with local or regional response teams who respond to an incident. In addition, the Contractor may be required to coordinate with BLM and other law enforcement officers who conduct on-site criminal and civil investigations. All work shall be scheduled and coordinated with the BLM Contracting Officer’s Representative (COR).

4 TASK ORDERS

Projects to be completed under this contract will be issued as individual delivery task orders. Task orders will be competed among awardees of this contract and may include one or a mix of construction services described herein. The task orders will provide specific work requirements, deliverables, guidance, and terms and conditions applicable to the project, along with points of contact specific to the individual requirement.

Work will generally be completed as a turnkey operation, and the Contractor shall provide all labor, equipment, materials, supervision, and transportation needed to complete the work required by the task order. All work shall be performed in a safe and efficient manner.

5 DELIVERABLES

5.1 Contract Deliverables

Within fifteen (15) business days following the task order award, the Contractor shall submit to the COR a draft Programmatic Management Plan (PgMP). At a minimum, the PgMP shall include the following components:

• Process for Critical Path scheduling

• Process for Work Breakdown Structure

• Process Price Estimate Breakdown

• Communications Plan (Internal and External)

• Key Personnel and Staffing Plan

• Quality Control Plan (see below)

• Subcontractor Management Plan

• Change Management Plan

• Risk Management Plan

• Data Management Plan

• Records Management Plan

The QCP shall describe the inspection system for work required under this SOW and project-specific task orders. The QCP shall implement procedures to identify, prevent, and ensure non-recurrence of defective work. The QCP shall be updated as changes occur and shall be resubmitted following changes for review and acceptance by the Government.

BLM will review draft PgMP and provide comments to the Contractor within ten (10) business days of receipt of the document. No later than five (5) business days after receipt of comments, the Contractor shall submit a final PgMP to the COR for approval. The BLM reserves the right to alter this schedule based upon the complexity of the submittal.

5.2 Task Order Deliverables

Project-specific requirements and deliverables will be detailed in the task order and may include, but not be limited to:

• Initial site visit

• Emergency stabilization

• Sampling and laboratory services

• Hazardous substance classification, removal, packaging, transport, and disposal

• Project Schedule

• Work Plan

• Site Safety and Health Plan

• Sampling analysis plan (field sampling plan and quality assurance project plan)

• Engineering designs/plans

• Laboratory analysis reports

• Final report

• Work summaries

• Daily field logs and field notes

• Waste manifesting and disposal

6 RECORDKEEPING

All records including manifests, certificates, chain-of-custody, quality assurance/quality control data, and invoices for each task order shall be kept separate and complete by the Contractor. All records must contain the task order number.

Typically, electronic copies of project deliverables will suffice. However, BLM may request original versions of certificates of acceptance, disposal, decontamination, recycling/reclaiming or incineration and all similar documents be submitted to the appropriate BLM office (e.g., listed on the manifest) or the

COR. Copies of such documents shall also be included in the final report. These documents shall contain sufficient information for BLM to positively identify each item represented by that document including a list of identification numbers and weights/volumes of all materials destroyed or disposed of and method of disposal.

The Contractor shall maintain accurate working files on all work documentation including calculations, assumptions, interpretations of regulations, sources of information, and other raw data acquired in the performance of this contract. The Contractor shall provide information contained in its working file upon request of the COR.

7 GENERAL INFORMATION

7.1 Potential Site Restrictions and Other Issues

There is often restricted site accessibility to many sites that will require special equipment for access.

There are often extreme weather conditions that vary from extreme cold in winter to extreme heat in the summer. Travel is often hampered by poor weather conditions such as fog, rain, and snow. There is often a limited window for sampling and excavation of sites due to frozen ground.

Lodging and dining facilities may be limited or nonexistent in many areas. These services may need to be provided by the Contractor. Towns and medical facilities may be a great distance from the work site.

The Contractor shall ensure actions of its employees, agents, and subcontractor(s) are properly managed at all times while on BLM property.

The Contractor shall provide adequate security measures to prevent scavenging of material, pilferage, or vandalism. If applicable, facility gates shall be locked, and other reasonable precautions as specified by the BLM shall be instituted. These precautions may include keeping all material within the locked confines of the facility and avoiding the creation of attractive nuisances.

7.2 Government Furnished Information

The BLM will cooperate in providing necessary information to the Contractor, including decision documents, field investigation reports, site map, and other pertinent site information for each task order.

7.3 Required Response Times

Where necessary, required response times will be specified in the task order.

7.4 Working Hours

Work shall normally be accomplished during regular working hours 7:30 am to 5:00 pm, Monday through

Friday excluding government holidays; however, adjustments may be made based on the task and site conditions. The Contractor shall be available on a 24-hour a day basis, including weekends and holidays for emergency responses. Circumstances may dictate longer daily working hours and work on weekends if necessary to complete a response action in a timely manner.

7.5 BLM Personnel On-Site

BLM employees shall have full access to the site to perform necessary functions. All personnel involved at the site must comply with the site safety and health plan.

7.6 Data Rights

The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include source codes of any software, produced under this contract shall be

Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the CO. All materials supplied to the

Government shall be the sole property of the Government and may not be used for any other purpose.

This right does not abrogate any other Government rights.

7.7 Organizational Conflict of Interest

Contractor and subcontractor personnel performing work under this contract may receive, have access to, or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications, or work statements, etc.) or perform evaluation services which may create a current or subsequent OCIs as defined in FAR Subpart 9.

The Contractor shall notify the CO immediately whenever it becomes aware that such access or participation may result in an actual or potential organizational conflict of interest (OCI) and shall promptly submit a plan to the CO to avoid or mitigate any such OCI. The Contractor's mitigation plan will be determined to be acceptable solely at the discretion of the CO and in the event the CO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the CO may affect other remedies as necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

7.8 Physical Security

The Contractor shall be responsible for safeguarding all Government equipment, information, and property provided for Contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured in accordance with local regulations and/or procedures that may be in effect during the prescribed period of performance.

7.9 Health, Safety, and Personnel Training

The nature of the work to be performed under this contract may involve inherently hazardous situations.

The Contractor shall ensure all personnel working as its employees, agents, or subcontractors who may potentially encounter hazardous substances because of the work described herein and in task orders have the appropriate level of experience and have received necessary current training and medical monitoring.

The foregoing documentation for each on-site worker shall be submitted to the COR prior to job site entry of any person/worker. The Contractor shall conduct all required health monitoring at no additional cost to the Government.

7.10 Regulatory Approvals

All expenditures for obtaining, maintaining (including the cost of preparing and filing reports to regulatory agencies) and renewing regulatory approvals to accomplish specific task order work shall be solely the responsibility of the Contractor at no additional cost to BLM.

The Contractor shall remain liable for compliance and execution of the contract and shall retain responsibility to ensure all regulatory approvals needed by subcontractors are always valid during the contract period. The Contractor shall perform as site supervisor in the event a subcontractor is utilized on site. The COR must be notified of all subcontractors involved at the site or with any actions associated with the site prior to the subcontractor entering the site. The COR must be notified immediately when subcontractors or employees identified in the contract change during the contract.

7.11 Protection of Sensitive Environments

In performing work under this contract, the Contractor must consider the potential impact on human, fauna, and flora populations in the environment. Special consideration must be given to sensitive environments identified by the BLM.

7.12 Compliance with Other Laws and Audit Access

The Contractor shall comply with local, project-level BLM decisions, guidelines and practices when performing any associated work such as vehicular travel limitations, timing restrictions to certain activities, etc.

Requirements of a task order SOW, which are more stringent than previously cited laws, shall prevail. If through notification by a regulatory agency, requirements are shown to conflict with cited statutes, modification of the task order SOW will be discussed with the COR and CO.

The Contractor shall allow BLM representatives inspection and audit access to all sites and facilities owned or used by the Contractor or over which the Contractor has control in the performance or actions required by this contract. These inspections and audits shall take place at the BLM's discretion.

The Contractor shall coordinate and cooperate with BLM officials and personnel conducting criminal and civil investigations at the work site.

7.13 Preservation of Historical and Archaeological Data

The Historic and Archeological Data Preservation Act of 1974 provides for the preservation of historical and archeological data that might otherwise be lost as the result of alterations to the terrain caused by a

Federal or Federally licensed activity or program.

If, in connection with operations under this contract, the Contractor, subcontractors, or their employees discover, encounters or becomes aware of any possible historical or archeological data, objects or sites of cultural value on the project area, such as historical ruins, graves or grave markers, fossils, or artifacts, the

Contractor shall immediately suspend all operations in the vicinity of the cultural value and shall notify the CO in writing, giving the location and nature of findings. No objects of cultural resource value may be removed.

The Contractor shall be responsible for protecting the cultural resources within the affected area from damage. In addition, the Contractor shall be liable for all damages to the identified cultural resources caused by their actions or the actions of their agents, representatives and/or employees. The Contractor shall immediately notify the CO if any damage occurs to any cultural resource and immediately suspend work in the area in which damage has occurred until authorized to proceed.

7.14 Cleanup of Hazardous Substance Spills Caused by the Contractor and its Subcontractors

The Contractor shall be solely liable for all expenses incurred in response to incidents, removals, sampling, shipping, and proper disposal of contaminated material resulting from hazardous material incidents that are caused by the actions of its employees, agents, or subcontractor(s). The Contractor shall be solely liable for damages and shall fully reimburse the BLM or other Federal agencies utilizing this contract and others for replacement costs and damages to any public or private property resulting from

Contractor's or subcontractor's actions.

In the event of any spill of a reportable quantity of hazardous or characteristic substance or waste at the site, as defined in 40 CFR 302, the Contractor shall notify required regulatory authorities and the COR as soon thereafter as possible and be solely responsible for all costs associated with compliance requirements dictated by Federal or state law, whichever is more stringent.