B.08.02 Combined Synopsis-Solicitation_W912GB22Q0010_Final.pdf

W912GB22Q0010

COMBINED SYNOPSIS/SOLICITATION

Site Investigation Services for CCPL118 – Building 5012 Diesel Spill

U.S. Army Garrison (USAG) Italy –Darby Military Community – ITALY

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

W912GB22Q0010 for Site Investigation Services for CCPL118 – Building 5012 Diesel Spill, USAG Italy, Darby Military Community, Italy is hereby issued as a Request for Quotation (RFQ).

The following solicitation document, incorporated provisions, and clauses are in effect through Federal Acquisition Circular 2022-05.

This solicitation is unrestricted (full and open competition) under the NAICS Code of 562910 Remediation Services. All prospective quoters must be registered in the System for Award Management (SAM) at www.sam.gov prior to submission of quotes to be eligible for award. Lack of SAM registration will make a quoter ineligible for award.

The Government request quotes for the following services (See Performance Work Statement for more details):

Table 1 Price Schedule

CLIN

No.

Description

Quantity

Unit

Amount (Euros)

0001 Planning Documents 1 Job

0002 Site Investigation and Report

1 Job

TOTAL CLIN NO. 0001-0002

Supplies/ Services will be inspected/accepted at:

Table 2.

CLIN

No.

INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001-

Destination Government Destination Government

Provisions 52.212-1, Instructions to Offerors – Commercial Products and Services, 52.212-2, Evaluation -- Commercial Items, and 52.212- 4, Contract Terms and Conditions -- Commercial Items apply to this acquisition along with any listed addenda to the provisions.

Quoters shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items. For quoters with a current registration in the System for Award Management (SAM), complete paragraph (b) of the provision and submit with the response to the RFQ.

http://www.sam.gov/

52.212-1 INSTRUCTIONS TO OFFERORS–COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021) – ADDENDUM

Quotes shall include the following:

1. Company Name:

2. Address / Telephone No.:

3. NCAGE/Cage Code (or DUNS, both from SAM):

4. Point of Contact – Name, Phone, Email:

5. Anti-Mafia Law Self-Declaration (See Anti-Mafia Law Clause)

6. Quote – Enter the information on the Table 1 Price Schedule and submit the pricing information in a separate document (do not combine the evaluation submittals below with the price submittal).

7. Evaluation submittals per 52.212-2 (below):

1. Technical Approach submittal

2. Past Performance submittal

NOTE: A quote failing to provide all of the required elements of 5. and 6. above may not be considered, therefore, quoters are encouraged to read FAR 52.212-2 carefully to ensure its quote is complete prior to submitting.

Quote Submissions: Quotes are due no later than 22 July 2022 at 12:00 hours Central European Summer Time (CEST). Quoters are responsible for verifying receipt of their quotes to this office before the quote due date and time.

Quotes shall be emailed to: shawna.m.west@usace.army.mil and ryan.s.shoemaker@usace.army.mil.

Quoters with technical inquiries and any other questions shall submit their inquiries via Bidder Inquiry in ProjNet at http://www.projnet.org/projnet. The project number is: W912GB22Q0010. The bidder inquiry key is: IRKW9R-

4QTXGJ

Quoters are requested to review this combined synopsis/solicitation in its entirety and review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry. The Government reserves the right to decline addressing certain questions. Further, no questions, unless in the Government’s interest, will be answered any later than 7 calendar days prior to the stated deadline for quotes. All quoters are encouraged to register on ProjNet for alerts to stay abreast of Q&A’s that are posted in reference to this Solicitation. Only self-registered users on ProjNet can submit and review inquiries. To self-register, go to the webpage, click BID tab, select Bidder Inquiry, select agency USACE, enter the key for this Solicitation listed above, and your email address. After initial login, enter all the required information to create your user ID. Verify the information on the next screen and from there you may submit and view inquiries. Those submitting inquiries will receive a system generated email notification when their inquiry has been processed and answered. It is the quoter’s responsibility to monitor for inquiries and responses.

52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERICAL SERVICES (NOV 2021)

(a) The Government will award a purchase order resulting from this solicitation to the responsible quoter, whose quote conforming to the solicitation, represents the best value to the Government, non-price and price factors considered.

Quotations will be evaluated using the following factors:

mailto:shawna.m.west@usace.army.mil mailto:ryan.s.shoemaker@usace.army.mil http://www.projnet.org/projnet

1. Technical Approach - Quoters shall submit a narrative technical approach, limited to five (5) pages, that discusses the quoter’s planned approach to completing the requirements of the PWS. The narrative must demonstrate the quoter’s understanding of the requirements of the PWS. The quoter must include a detailed schedule (not subject to page count) for the planning, fieldwork, and reporting. The schedule must include a logical approach to the project and demonstrate the quoter’s ability to complete the project within the required contract duration. The Contracting Officer will assess the quoter's understanding of the project scope, and the quoter's overall apparent capability to schedule the complete project within the proposed contract duration. The Government may use independent judgment concerning typical site investigation work.

Evaluation Methodology:

Exceptional: The quoter will receive a rating of Exceptional for a quote that meets or exceeds the project objectives and provides a technical approach that is less than what is stated in the PWS.

Acceptable: The quoter will receive a rating of Acceptable for a quote that clearly accomplishes the project objectives and provides a technical approach that meets what is stated in the PWS.

Unacceptable: The quoter will receive a rating of Unacceptable for a quote that does not clearly accomplish one or more project objectives and provides a technical approach that meets or exceeds what is stated in the PWS.

Past Performance – Quoters shall submit a completed Past Performance Questionnaire (PPQ) or CPARS report that demonstrates in sufficient detail two (2) examples of previous project experience with site investigations and reporting completed using U.S. standards, within the last five (5) years. The completed PPQ or CPARS report shall include the past performance ratings received on these projects. The quoter shall provide dates and pertinent information to demonstrate how they are comparable to this requirement in size and complexity. The quoter shall include points of contact, titles, telephone numbers, and email addresses (if available) for all references. A higher rating will be received for similar project experience completed in Italy.

Quoters may also submit an accompanying narrative to describe the projects submitted under past performance. Please note that the accompanying narrative is limited to 2 pages for each project submitted.

Quoters may provide explanation on problems encountered on past projects and the corrective actions taken by the offeror.

In addition to the above, the Government may review other sources of information for evaluating past performance.

Other sources may include, but are not limited to, past performance information retrieved through CPARS, using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the quoter’s proposal, inquiries of owner representative(s), FAPIIS, telephone interviews with organizations familiar with the quoter’s performance, Government personnel with personal knowledge of the quoter’s performance capability, and any other known sources not provided by the offeror.

While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the quoter.

Evaluation Methodology:

Exceptional: The quoter will receive a rating of Exceptional for past performance that demonstrates successful completion of multiple similar purchases on all references, additional information retrieved from CPARS, and additional information received by the Contracting Officer that is favorable.

Acceptable: The quoter will receive a rating of Acceptable for past performance that has at least one reference that demonstrates successful completion of similar purchases, additional information retrieved from CPARS, and additional information retrieved from CPARS, and additional information received by the Contracting Officer, that is favorable.

Unacceptable: The quoter will receive a rating of Unacceptable for past performance that does not demonstrate at least one (1) successfully completed similar purchases on the references submitted, and the additional information from

CPARS, and additional information received by the Contracting Officer is either not relevant or is not favorable.

4. Price – The quote shall be inclusive of all costs to perform the work specified in the PWS. The quote shall be submitted using the Table 1 Price Schedule and shall be submitted in Euro. The Government will evaluate quotes for award purposes by adding the total price for all CLINs. Failure to submit a price and failure to complete all CLINs may result in the quote being rejected by the Government after initial evaluation without further consideration.

After a preliminary consideration of all quotations, the Government will identify from all quotations one that is the most advantageous to the Government, all non-price and price factors considered. All quotations will be evaluated based on the evaluation factors described above.

PERFORMANCE WORK STATEMENT

Date: 18 FEB 2022

1.0 Introduction and Background

This requirement is for environmental site characterization services and investigations for the Compliance Cleanup (CC) Program at USAG Italy – Darby Military Community, located in Camp Darby, ITALY.

CCPL118 – USAG Italy, Camp Darby [IT219 – Building 5012 Diesel Spill]

The USAG Italy DMC (known as USAG Livorno until 2012) is located in the central-coastal side of the Tuscany region, in the Pisa Plain, 15 kilometers (km) southwest from the center of the city of Pisa and 4 km east of the coastline. On 11 November 2020, a spill of approximately 528 gallons (2,000 liters) of diesel fuel was discovered in the underground piping for the diesel above ground storage tank (AST) at Building 5012.

Immediate prevention measures were taken to absorb the fuel with absorbent sand and pads. A detailed notification was submitted to the Italian Base Commander (IBC) and subsequently the Host Nation Authorities on 18 November 2020. Preliminary investigations conducted in December 2020 and January 2021 found exceedances of the Contamination Threshold Concentrations (CSC) for light (C≤12) and heavy (C> 12) hydrocarbons defined for sites for commercial and industrial use. These exceedances were detected in the TP1, TP2, TP5 and TP6 excavations. In November 2021, a Site Characterization Plan (SCP) for CCPL118 was submitted to the Host Nation for approval. The SCP details the subsequent actions necessary to complete the Site Investigation (SI) at the site.

2.0 Requirements

The Contractor shall be responsible for fully executing site characterization services under a Performance- Based Acquisition (PBA) by: conducting required site investigation services for which the United States Department of the Army (the “Army”) is statutorily responsible; addressing any and all unforeseen environmental, explosive safety, scheduling, and regulatory issues; and; assuming contractual liability and responsibility for the achievement of the performance objectives for the CC Program at USAG Italy-DMC, located in Camp Darby, Italy, identified in this Performance Work Statement (PWS).

The Contractor must possess all the required expertise, knowledge, equipment and tools required to meet or exceed the government’s objectives identified in this PWS in accordance with established industry standards.

The Contractor must have the capability and experience to perform, or provide, investigative services required for hazardous substance and waste sites.

It is the Contractor's responsibility to comply with all applicable laws and regulations and to fulfill the performance objectives of this PWS in a manner that is consistent with any applicable orders or permits, all existing and future cleanup agreements or guidance for the Installation, and relevant DoD and Army policy, for the duration of the contract. All environmental services will comply with the CC Program as amended by the Host Nation Italian Regional Agency for Environment Protection (Agenzia Regionale per la Protezione Ambientale - Toscana), known as ARPAT, USAG Italy-VMC Environmental Divison, and the U.S. Army Environmental Command Northeast ESSD (Forward - Europe) & Midwest Environmental Services and Support Division.

The Contractor shall be aware during any soil disturbance activities, of potential Unexploded Ordnance (UXO) or Munitions and Explosives of Concern (MEC) in the ground and shall perform UXO avoidance using the following guidelines prior to and during all field operations:

All relevant German, DoD, and USACE laws pertaining to UXO which includes DoD Ammunition and Explosives Safety Standards (DoD 6055.09-STD) (Feb 08), specific requirements concerning explosives safety are further clarified in EP-385-1-95b, ER 385-1-95, EM 385-1-97, and EP 385-1- 95a.

The Contractor shall perform all necessary field activities to meet the overall objectives of this PWS.

3.0 Types of Services Required

In performing the work under this contract, the Contractor shall furnish all personnel, services, equipment, materials, facilities, and other requirements necessary for, or incidental to, the PWS set forth for a Firm Fixed Price contract herein. It is the Contractor's responsibility to comply with all applicable laws and regulations and to fulfill the performance objectives of this PWS in a manner that is consistent with any applicable orders or permits, all existing and future agreements or guidance for the Installation, and relevant DoD and Army for the duration of the contract. This PWS includes the following types of services:

Site Investigation Monitoring and Reporting Presentations and Meetings Document Deliverables (list of documents below)

This PWS includes the following tasks and deliverables:

Task 1: Project Management Plan (PMP), Work Plan, and Health and Safety Plan (HASP) Task 2: Site Investigation and Report– CCPL118

4.0 Contract Type

This is a firm-fixed price contract. The period of performance on this contract is a 550 calendar day base period.

5.0 Performance Objectives

The Contractor shall be required to furnish all plant, labor, materials and equipment necessary to meet the performance objectives and standards identified in Table 1 below. Specific information including the current status of the monitoring efforts for each objective can be found in the documents provided in Attachment A, Table 2.

Table 1: Performance Requirements Summary.

Performance Objective Performance Measure

Task 1: Approved Project Management Plan (PMP), Work Plan, and Health and Safety Plan

Government approval through USACE

Task 2: Complete Site Investigation and Report per the Site Characterization Plan dated November 2021.

• Compliance with HN requirements.

• Compliance with the Government provided plans and permits.

• Government approval and Regulator concurrence.

Deliverables - Due Dates:

Project Management Plan (PMP), Work Plan and Health and Safety Plan – Draft 30 Calendar

Days After Award, Final 15 Calendar Days Upon Receipt of Government Feedback Kick off Meeting Minutes - Draft 15 Calendar Days After Meeting, Final 10 Calendar Days Upon

Receipt of Government Feedback Site Investigation Report – Draft 45 Calendar Days Upon Completion of Field Work, Final 15

Calendar Days Upon Receipt of Government Feedback

6.0 Other Contract Considerations

The PBA approach requires careful coordination of project activities to ensure that all stakeholders are kept informed of the project status, existing or potential problems, and any changes required to prudently manage the project and meet the needs of the Installation's project stakeholders and decision-makers. The Contractor shall be responsible for the following project management activities:

6.1 Project Management Plan and Schedule

The Contractor will develop and maintain a detailed Project Management Plan (PMP). The PMP, based on the schedule prepared as part of the Contractor proposal, will specify the schedule, technical approach, and resources required for the planning, execution, and completion of the performance objectives. The first draft of the PMP will be due within thirty (30) calendar days of contract award. The draft PMP and subsequent revisions will be subject to Army review and approval through the Contracting Officer’s Representative (COR). The final PMP will be due within fifteen (15) calendar days of comments received from the COR. A payment milestone will be established for Army approval of the final PMP through the COR.

As part of the PMP, the Contractor will develop and maintain an activity-based schedule that fully supports the technical approach and outlines the due dates for all milestones and payable deliverables. A payment plan will be included with the schedule that allows for payments to the Contractor based on successful completion of interim milestones proposed by the Contractor. It is the Army’s intent to make all payments after verification of progress in accordance with this schedule. The Contractor will coordinate activities with the COR to ensure that the proposed project schedule does not conflict with other contractor activities on site, or interrupt Installation mission activities.

As part of the PMP, the Contractor will identify and implement a means for providing quarterly project status reports to the COR.

6.2 Milestones

The Contractor may propose a revision of the milestones below to reflect their PMP and provide for interim milestones. Interim milestones will only be accepted if they represent significant progress toward milestone completion, and completion of these interim steps can be measured and demonstrated. As noted, payments will be tied to the successful completion major milestones listed below or an interim milestone plan approved by the USACE. To that end, all proposed interim milestones shall be associated with easily demonstrated metrics tied to performance measurements (e.g., resolution of comments on a draft, acceptance of a final report, or acceptance of a data submittal or meeting minutes). All milestones must have a defined means for demonstrating completion in order to facilitate certification and approval (see Section 6.17, Certification and Approval of Project Milestones and Deliverables).

Major Milestones

• Approval of the Project Management Plan (PMP), Work Plan, QA/QC-Plan, Health and Safety Plan

(HASP)

• Site Investigation Report

• Host Nation Compliance

6.3 Environmental Requirements

The Contractor will identify: applicable Federal, State and Host Nation rules, laws, and regulations;

applicable Installation-specific orders, agreements, or rules; as well as USACE, Army and DOD requirements, such as those established by the HN authorities; and perform its work in accordance with said authorities. The Contractor will ensure that all activities performed by its personnel, subcontractors and suppliers are executed in accordance with said authorities. Any incident of noncompliance noted by the Contractor will immediately be brought to the attention of the COR and Installation telephonically and then by written notice.

Nothing in this contract will relieve the Contractor of its responsibility to comply with applicable laws and regulations. The Contractor will obtain all approvals and permits, necessary to accomplish the work. This includes, but is not limited to, USAG Italy-issued excavation permits. The Contractor will obtain installation access with the assistance of the Installation point of contact (POC) prior to any work and coordinate all work with that POC prior to initiation. Contractors are required to perform their own utility checks.

The Contractor will comply with all Installation or site-specific time and procedural requirements (federal, state, and HN) described in the approvals obtained. The USACE and USAG Italy-VMC technical experts will also independently review Contractor work to ensure compliance with all applicable requirements. U.S.

Government POCs for this contract are listed in Attachment B.

The Contractor will provide the following information semi-annually to be used by the Government to address environmental performance relative to the goals of the USAG Italy Pollution Prevention Program.

Please note that the amounts reported are those used/generated by the Contractor regardless of source (private purchase or Government furnished). Reports for January – June will be submitted by 15 July and reports for July-December will be submitted by 15 January each year.

Media Report Element #1 Report Element #2

Non-Hazardous Solid Waste Total Waste Generated (Kg)

Amount of Waste Diverted from Landfill (Kg)

Construction Debris/ Demolition Materials

Total Waste Generated (Kg)

Amount of Waste Diverted from Landfill (Kg)

Compostable/Organic Material

Total Waste Generated (Kg)

Amount of Waste Diverted from Landfill (Kg)

Hazardous Materials Total Used (Kg) Hazardous Waste Total Generated (Kg) Total Recycled (Kg) Energy Consumption - Electricity

Total Energy Consumed (MBtu)

Energy Consumption - Fuel Total Fuel Consumed (L)

Renewable/Alternative Energy

Total Consumed (MW)

Facility Construction/Renovation

Number of Buildings LEED Certified Silver or Higher

SqFt of buildings LEED Certified

6.4 Health and Safety Requirements

Prior to beginning any fieldwork, the Contractor shall implement a written Safety and Health Program compliant with federal, state, and local laws and regulations and approved by the COR. The Contractor shall ensure that its subcontractors, suppliers and support personnel comply with the approved Site Safety and Health Plan (SSHP). The USACE reserves the right to stop work under this contract for any violations of the SSHP at no additional cost to the USACE and USAG Italy-VMC. Once the USACE verifies through the COR that the violation has been corrected, the Contractor shall be able to continue work. As a minimum, the SSHP shall contain the following elements: site description and contaminant characterization, safety and health hazard(s) assessment and risk analysis, safety and health staff organization and responsibilities, site specific training and medical surveillance parameters, personal protective equipment (PPE) and decontamination facilities and procedures to be used, monitoring and sampling required, safety and health work precautions and procedures, site control measures, on-site first aid and emergency equipment, emergency response plans and contingency procedures (on-site and off-site), logs, reports, and record keeping. Training and medical screening per 29 CFR 1910.120(e) is required for the contract.

The Contractor will propose a work week schedule for each project. The proposed schedule will be submitted to the KO for approval. The KO will seek the concurrence of the PDT and resolve any other comments before making the decision to accept or reject the schedule. If the schedule is rejected, the contractor will propose a new schedule and the same process will be repeated until an acceptable schedule is approved.

The Contractor must comply with Host Nation Legislative Decree no. 81 of April 9th 2008 and requirements set forth by the Coordination H&S Plan (see attached documentation). The contractor must also comply with USACE EM 385-1-1, part 01.D "Accident Reporting and Recordkeeping.”

6.6 Quality Management

The Contractor must ensure that the quality of all work performed or produced under this contract meets USACE approval. Quality control/assurance plans must be prepared and approved by the USACE COR prior to performance of physical work.

Since the technical approach for this Contract (PBA) will be developed by the Contractor, the Contractor will also develop a strategy for USACE Quality Assurance (QA), to be submitted with the PMP. The QA strategy shall highlight key quality control activities or events the COR will use to determine when Army (Contracting Officer (KO) or COR) inspections can be conducted to assess progress toward milestones. Activities identified in the QA strategy will be appropriately coded in the project schedule to allow for planning of QA inspections. These activities will be incorporated into the Quality Assurance Surveillance Plan (QASP) that will be developed and implemented by the COR.

The QASP will highlight key quality control activities or events that the COR will use to determine when USACE (COR) inspections can be conducted to assess progress toward and/or completion of milestones.

Activities identified in the QASP will be appropriately coded in the project schedule to allow for planning of QA inspections.

6.7 Quality Control

Quality Control shall be provided whenever sampling or analysis for chemical constituents is required in order to achieve milestones. Quality control for traditional soils or geotechnical testing shall also be included.

All laboratories to be used by the Contractor must be accredited with the Host Nation through the Italian National Accreditation body, ACCREDIA. Effective October 1, 2009, laboratory (ies) to be used by the Contractor to perform testing in support of the DoD environmental restoration programs must be either accredited in accordance with DoD Environmental Laboratory Accreditation Program (ELAP) or accredited in accordance with the International Organization for Standardization (ISO)/International Electrotechnical Commission (IEC) standard 17025. The Contractor may establish an on-site testing laboratory at the project site if determined necessary by the Contractor. However, on-site testing shall meet all requirements of the most recently approved DoD Quality Systems Manual (QSM) and Host Nation Authorities.

Following contract award the Contractor shall develop and submit documentation of project-specific quality assurance (QA) and QC activities prepared in accordance with the Uniform Federal Policy for Quality Assurance Project Plans (UFP-QAPP). The Government will review and return the quality systems documentation, with comments, indicating acceptance or rejection. If necessary, the Contractor shall revise the documentation to address all comments and shall submit the revised documentation to the Government for acceptance. In addition, the Contractor shall develop and submit Quality Control Summary Reports to summarize the quality control details of the purchase order project. The problems and successes of the work done to control the quality of the chemical measuring activities and other chemically related cleanup activities shall be included in the summary reports.

6.8 Additional Site Plans

Prior to beginning any field work, the Contractor shall prepare any additional plans or documents (e.g., sampling and analysis plans, quality assurance project plan, waste minimization plans, health and safety plans) consistent with the contract, the applicable regulatory drivers listed in Section 2.0 of this Purchase Order, and any other agreements, orders, or regulations that apply to the Installation and sites. These plans and documents shall be subject to USACE review and approval, through the COR.

6.9 Waste Minimization Plans

The Contractor shall provide, and upon Army approval through the COR, implement a Waste Minimization Plan for remediation of contaminated soil, material and groundwater. A Draft and Final Waste Minimization Plan shall be submitted with the PMP deliverables in accordance with Table 1. The plan shall identify waste streams and projected volumes to be generated to achieve the performance objectives identified in the PWS.

6.10 Protection of Property

If it is necessary to access areas of the USAG Italy-DMC, the Contractor will submit a written request to the COR a minimum of 30 calendar days in advance of the proposed entry date stating that a Right of Entry will be needed. The Contractor will not enter any property or area under the control of the USAG Italy-DMC without an approved Right of Entry and will be required to comply with all conditions specified in the Right of Entry. If the Government is unable to obtain the Right of Entry within 120 calendar days from the date of notification from the Contractor, the Contractor will make best efforts to complete the requirements of this PWS without entering such area or property.

The Contractor shall be responsible for any damage caused to property of the USAG Italy-DMC by the activities of the Contractor under this contract and shall exercise due diligence in the protection of all property located on the premises against fire or damage from any and all other causes. Any property of the USAG Italy-DMC damaged or destroyed by the Contractor incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the Contractor to a condition satisfactory to the COR or reimbursement is made by the Contractor sufficient to restore or replace the property to a condition satisfactory to the COR in accordance with FAR Clause 52.245-2.

6.11 Project Stakeholders

For the purposes of this PWS, project stakeholders will include but are not limited to:

• USAG Italy-VMC, DPW Environmental Division

• U.S. Army Environmental Command Northeast ESSD (Forward - Europe)

• U.S. Army Corps of Engineers, Europe District

• Host Nation Italian Regional Agency for Environment Protection (Agenzia Regionale per la

Protezione Ambientale – Toscana)

The Contractor will be responsible for obtaining comments with appropriate approval on project deliverables consistent with applicable regulatory drivers and agreements for each site.

6.12 Regulatory Involvement

All regulatory coordination shall be approved by the USACE through the COR. Any official coordination with Host Nation authorities is address by the USAG Italy DPW ED. The Contractor shall provide the necessary support to initiate, schedule, and address all regulatory aspects of the project (e.g., organizing discussions with regulators concerning site response objectives and completion requirements, obtaining regulator comments on site documents and appropriately addressing them, and obtaining written documentation of remediation/monitoring completion from the regulators for all of the sites identified in this PWS). The COR, or designee, will attend and represent the USACE at all meetings with the regulators. With approval and attendance of the COR, the Contractor may also informally discuss remediation/monitoring issues with regulators and provide an after-action report back to the COR. The Army will be the signature authority for all regulatory agreements and remediation documentation.

6.13 Communications

The Contractor shall not make available or publicly disclose any data or report generated under this contract unless specifically authorized by the KO through the COR. If any person or entity requests information from the Contractor about the subject of this scope of work or work being conducted hereunder, the Contractor shall refer them to the COR. All reports and other information generated under this scope of work shall become the property of the Government, and distribution to any other source by the Contractor is prohibited unless authorized by the KO.

6.14 Deliverable Requirements

All documents must be produced in draft, draft-final, and final versions. All deliverables to CENAU may be submitted in electronic (PDF) format. All draft deliverables to the USAG may be submitted in electronic format however draft-final and final versions must be submitted in both hard copy and electronic (PDF) format. Planning documents, quarterly reports, and kick off meeting minutes can be submitted in English only, however the draft final and final Site Investigation Report must be submitted in both English and Italian. Report figures shall include the locations of all wells sampled under this purchase order.

All deliverables (written and electronic) must contain the CC site number (5764A.TBD), old site number (CCPL118) and project phase (i.e. SI) for this purchase order. The Contractor shall ensure that the final deliverable contains a bookmarked PDF document with the entire report (all figures, appendices, etc.) as a single file. The Final electronic document files must be in text-searchable PDF format. The Contractor shall submit georeferenced maps in GIS compatible format.

6.15 Contractor's Guarantee

For the purposes of this PWS, the following definitions apply. The "Project Price" will be equal to the approved proposed price for completion of performance objectives, the payment of which will be tied to one or more project milestones. The Contractor guarantees to complete and meet all of the performance objectives outlined in this PWS for all sites on the installation at the Project Price.

6.16 Certification and Approval of Project Milestones and Deliverables

The COR will perform contract management, inspection, oversight, review, and approval activities.

Certification and approval of project milestones by the COR is necessary before distribution of financing payments. Certification by the USACE is also contingent upon the Contractor performing in accordance with the terms and conditions of the contract for this work, this PWS, and all amendments.

Representatives of the USACE and the Contractor will have a conference with the COR in a manner and at a time agreed to by all parties after receipt of each status report to:

• Formally review the quantity and quality of services;

• Inspect work for compliance with this PWS, the associated Contractor's final proposal, and project documentation;

• Accept or reject milestones and deliverables completed since the previous review;

6.17 Government Rights

The USACE has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be USACE owned and are the property of the USACE with all rights and privileges of ownership/copyright belonging exclusively to the Army. These documents and materials cannot be used or sold by the Contractor without written permission from the KO. All materials supplied to the Army shall be the sole property of the Army and cannot be used for any other purpose. This right does not abrogate any other Army rights under the applicable Data Rights clause(s).

6.18 Organizational Conflicts of Interest

6.18.1 Disclosure.

The Contractor shall provide a disclosure statement with its proposal, which concisely describes all relevant facts concerning any past or present organizational conflicts of interest relating to the work in each PWS. In the same statement, the Contractor shall provide the information required in the following paragraph to assure the Government that the conflicts of interest have been mitigated and/or neutralized to the maximum extent possible. If a conflict of interest is discovered after contract award, the Contracting Officer will make a decision whether to terminate or rescind the PWS and/or contract at that time.

6.18.2 Potential Conflicts of Interest.

This request for proposals is open to any offeror to compete as a prime contractor, subcontractor or in any teaming arrangement. In order to avoid any organizational conflicts of interest, or even the appearance of any organizational conflicts of interest, any contractor performing environmental services work at the follow-on installation(s) under each contract will need to avoid, neutralize and/or mitigate - prior to contract award -significant potential conflicts of interest that may prejudice effective competition. The KO has determined that at a minimum contractors currently performing work on the identified installation(s) under each contract must ensure that all data pertaining to contamination at the sites compiled by or in the possession of such contractors shall be made available to all potential contractors in a timely fashion to the maximum extent possible by providing such data in to a data depository.

6.19 Access and Security

In order to ensure the security and orderly running of the Installation, any contractor personnel who wish to gain access to the Installation shall follow procedures established by the Installation. The Contractor should account for potential delays due to DOD security requirements in its pricing. If access is being requested for foreign nationals, the provisions of USAREUR Regulation 604-1 shall also be followed.

The installation is surrounded by security fence and gates. Access keys – if required - will be issued by the installation staff to the contractor for period of performance.

6.20 Common Clauses for AT-OPSEC Cover Sheet - ENG Form 6055, Jun 2015

Clause 1: AT Level I Training.

All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website:

http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum.

Clause 2: Access and General Protection/Security Policy and Procedures. All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks or background investigation and to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

Clause2b: For contractors who do not require CAC, but require access to a DoD facility or installation.

Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

Clause 4: Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say Something). The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the http://jko.jten.mil/courses/atl1/launch.html project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

Clause 7: OPSEC Level I Training. All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. OPSEC awareness training is available at the following websites: https://www.iad.gov/ioss/ or http://www.cdse.edu/catalog/operations-security.html; or it can be provided by the RA OPSEC Officer in presentation form which will be documented via memorandum.

6.21 Payments and Invoicing

a) Intermediate invoices will be accepted according to performed work.

b) To be considered correct, an invoice must conform to 52.232-10 Payments Under Fixed- Price Architect-Engineer Contracts and 252.204-7006 BILLING INSTRUCTIONS.

Furthermore, the Contractor's name, address, and CAGE/NCAGE code must exactly match the information on its entity record in the System for Award Management (SAM, www.sam.gov). The contract number in Box 3 of the ENG Form 93 must match the Contract Award document exactly – to include presence or absence of hyphens.

c) Any invoice deemed incorrect will be returned to the Contractor for correction and resubmission. The date of the corrected invoice must be the same as the date of resubmission. Once the COR has determined that the services have been rendered satisfactorily and in accordance with the terms of the contract, the invoice will be processed. Payment will be made by U.S. Army Corps of Engineers Finance Center, 5720 Integrity Drive, Millington, TN 38054-5005.

d) All invoices shall be submitted on an ENG Form 93, which is available on the internet at: https://www.publications.usace.army.mil/usace-publications/engineer-forms/.

e) All invoices shall be signed, certified, and submitted electronically via email to the following address: NAU.EnvInvoices@usace.army.mil (or as directed by TPOC in writing). Emails shall include the contract and task order number (if applicable) in the subject line.

f) The Contractor shall include a signed, certified Release of Claims statement with the final invoice. The following statement is acceptable for this purpose:

“The work under the above numbered contract has been completed and finally accepted. I hereby release the United States of America, it’s officers, and agents from all claims whatsoever arising under or by virtue of this contract upon payment of a balance due of $____________.”

Alternatively, a Release of Claims statement substantially similar to the GSA Form 1142 is acceptable, which is accessible on the internet at https://www.gsa.gov/cdnstatic/GSA1142-15c.pdf.

g) Progress reports submitted at the same time as an invoice are to be submitted electronically and only to the COR and USAG.

https://www.iad.gov/ioss/ http://www.cdse.edu/catalog/operations-security.html https://www.publications.usace.army.mil/usace-publications/engineer-forms/ mailto:NAU.EnvInvoices@usace.army.mil https://www.gsa.gov/cdnstatic/GSA1142-15c.pdf

Attachment A: Reference Documents

The documentation provided with the solicitation represents the most recent and appropriate documentation available for the site identified in this contract. However, if there is a conflict between this information and other site documentation (the existing reports), the Contractor is solely responsible for reviewing all available information and forming their independent, professional conclusions/interpretation of site conditions and requirements to meet the objectives of this contract. This information is not intended as a substitute for complete analysis of technical data available, nor is it intended to be a guide on how the Contractor shall address achievement of the performance objectives/standards.

Specific documents may be made available following a request to the Contracting Officer, if the documentation can be distributed in a timely manner. Electronic format is not guaranteed.

Table 2: Available Reference Documents

Reference No. TITLE Author Date

1 Site Characterization Plan – Building 5012 – USAG Italy DMC AECOM NOV 2021

2 Suitability of Contractors - Form MD 00 0266 U.S. Army UNK

3 Type of Contract Selection – Form MD 00 0097 U.S. Army UNK

Attachment B: Points of Contact

Contracting Officer Ryan Shoemaker Contracting Officer U.S. Army Corps of Engineers, Europe District

CENAU-CT

CMR 410, Box 8 Konrad Adenauer Ring 39 D-65187 Wiesbaden Tel. 0611-9744-2746

Project Manager/Contracting Officer’s Representative (COR) Mary C. Mason U.S. Army Corps of Engineers, Europe District

CENAU-PP-E

CMR 410, Box 4 Konrad Adenauer Ring 39 D-65187 Wiesbaden Email: mary.c.mason@usace.army.mil Tel. 0611-9744-2651 Fax 0611-9744-2458

Additional POCs will be provided after award.

CLAUSES INCORPORATED BY REFERENCE

FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan

2017) FAR 52.204-7 System for Award Management (Oct 2018) FAR 52.204-13 System for Award Management Maintenance (Oct 2018) FAR 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) FAR 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) FAR 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) FAR 52.204-22 Alternative Line Item Proposal (Jan 2017) FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (Oct 2020) FAR 52.212-1 Instructions to Offerors- Commercial Products and Commercial Services (Nov

2021) FAR 52.212-2 Evaluation-Commercial Products and Commercial Services (Nov 2021) FAR 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services

(Nov 2021) FAR 52.228-3 Worker's Compensation Insurance (Defense Base Act) (Jul 2014) FAR 52.232-18 Availability of Funds (Apr 1984) FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) FAR 52.233-1 Disputes (May 2014) DFARS 252.201-7000 Contracting Officer’s Representative (Dec 1991) DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (SEP 2011) (Section

847 of Pub. L. 110-181).

DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (Sep 2013) DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials (Nov 2011) DFARS 252.204-7003 Control of Government Personnel Work Product (Apr 1992) DFARS 252.204-7004 Level I Antiterrorism Awareness Training for Contractors (Feb 2019) DFARS 252.223-7008 Prohibition of Hexavalent Chromium (Jun 2013) DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (Dec 2019) DFARS 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT (May 2016) DFARS 252.222-7002 Compliance With Local Labor Laws (Overseas) (JUN 1997) DFARS 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials (SEP 2014) DFARS 252.223-7008 Prohibition of Hexavalent Chromium (Jun 2013) DFARS 252.225-7041 Correspondence in English (JUN 1997) DFARS 252.225-7043 Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States

JUN 2015

DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Dec 2018) DFARS 252.232-7008 Assignment of Claims (Overseas) (JUN 1997) DFARS 252.232-7010 Levies on Contract Payments (Dec 2006) DFARS 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel (JUN 2013) DFARS 252.243-7001 Pricing of Contract Modifications (Dec 1991) DFARS 252.244-7000 Subcontracts for Commercial Items (JUN 2013) DFARS 252.247-7023 Transportation of Supplies by Sea (FEB 2019)

CLAUSES INCORPORATED BY FULL TEXT

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

(a) Definitions. As used in this clause--

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources…