B.08.02 W912DQ21R3001 (20210316).pdf

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RATING PAGE OF PAGES

7. ISSUED BY

(Date)

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

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

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

1 86

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W912DQ 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 0 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

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

NA

conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 4

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

5 - 28 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 31 - 33 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 34 - 37 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

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

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

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

SOLICITATION, OFFER AND AWARD

X

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

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

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:

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

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

38 - 50

PART II - CONTRACT CLAUSES

USACE, KANSAS CITY +

FEDERAL BLDG CT-H 601 E 12TH ST RM 647

KANSAS CITY MO 64106-2896

816-389-3812

816-389-2030FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

16 Mar 2021

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W912DQ21R3001

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Job SDVOSB PRAC - Base Period

FFP

This CLIN is designated for firm-fixed price (FFP) work. The Contractor shall perform Pre-Placed Remedial Action work in support of existing and future customers within the Northwestern Division (NWD) of the Army Corps of Engineers (USACE) and the Environmental Protection Agency (EPA) Region 2.

This base ordering period is for a duration of three (3) years from the date of contract award.

FOB: Destination

NET AMT

0002 Job OPTION SDVOSB PRAC - Two Year Option Period

FFP

This CLIN is designated FFP work. The Contractor shall perform Pre-Placed Remedial Action work in support of existing and future customers within NWD USACE and EPA Region 2. This option is governed by the clause 52.217-9 Option to Extend the Term of the Contract.

0003 Job OPTION SDVOSB PRAC - Up to 6 Mth Option Period

FFP

This CLIN is designated FFP Price work. The Contractor shall perform Pre-Placed Remedial Action work in support of existing and future customers within NWD USACE and EPA Region 2. This option is governed by the clause 52.217-8 Option to Extend Services.

GENERAL INFORMATION

1. General Contract Information This Indefinite Delivery / Indefinite Quantity (ID/IQ) Multiple Award Task Order Contract (MATOC) is a part of the U.S. Army Corps of Engineers, Multiple Environmental Government Acquisition (MEGA) Strategy. This award is for Preplaced Remedial Action Contracts (PRACs) under NAICS Code 562910 (750 employee size standard) to support existing and future USACE customers of the Districts within NWD and EPA Region 2. Task orders will be issued as the need arises during the ordering period and its options. Task orders will be firm fixed price.

2. Total Amount of Contract The maximum value for all orders issued against the MATOC shall not exceed $22.5 million.

There is no limit of the number of Task Orders that may be issued against the MATOC.

3. Guaranteed Contract Amount With the award of the IDIQ contract, a task order shall be issued for the minimum guarantee of $2,500. If the cumulative value of any additional task orders (including orders issued under the base and any exercised optional ordering period) issued to the contractor is less than the minimum guaranteed amount, the contract may invoice for the remained of the minimum guarantee. If the cumulative value of any additional task orders (including orders issued under the base and any exercised optional ordering period)issued to the contractor exceeds the minimum guarantee, the government will issue a no-cost cancellation on the first order with no liability to either party.

4. Ordering Period Contracts will have a basic ordering period of three years plus one two-year option period or until the $22.5 million contract limit is reached, whichever comes first. This contract also includes the clause 52.217-8 Option to Extend Services, which if necessary, allows the Government to extend the term of the Contract an additional six (6) months. The total length of the contract ordering period, including the exercise of all option periods, will not exceed five years and six months from date of contract award.

5. Pricing See Section C Paragraph 3.2 and Attachment 1 for details.

Section C - Descriptions and Specifications

STATEMENT OF WORK

SECTION C – STATEMENT OF WORK

PART 1.0 GENERAL

1.1 DESCRIPTION OF WORK

This Pre-placed Remedial Action Contract (PRAC) will support work assigned to the U.S. Army Corps of Engineers (USACE) Northwestern Division and the Environmental Protection Agency (EPA) Region 2, for hazardous, toxic and radioactive waste (HTRW) remediation projects for both civilian and military agencies of the Federal Government. This contract for environmental response actions will include service and construction activities mandated by the Defense Environmental Restoration Program (DERP), Superfund, environmental compliance and pollution prevention projects under the Department of Defense Environmental Quality Program, Brownfields, Formerly Utilized Sites Remedial Action Program (FUSRAP), environmental cleanup activities under the Base Realignment and Closure (BRAC) Program, Department of Energy, Veterans Administration, Department of Homeland Security and the Federal Emergency Management Agency (FEMA), and other environmental and homeland security laws and regulations requiring support activities for military installations, USACE’s civil works projects, and work for other federal agencies. The DERP projects will include Installation Restoration Program (IRP) activities on active Army and Air Force installations and on Formerly Used Defense Sites (FUDS).

1.2 SCOPE OF WORK

The contract requires personnel, plant and equipment to respond to numerous requests for environmental support for the USACE Northwestern Division. This Pre-Placed Remedial Action Contract (PRAC) primarily supports work assigned to the USACE Northwestern Division. It is anticipated that the majority of the work may be conducted within USACE Northwestern Division. Use of this contract for work by other USACE districts within the continental U.S. may be approved by the Kansas City District, after consultation with the MEGA Acquisition Strategy Team.

1.3 WORK SCOPE, CONTRACTOR CAPABILITY AND EXPERIENCE

The Contractor shall have the capability and experience to perform or provide a wide range of remedial action services at hazardous and radiological waste sites. These efforts may include environmental removal actions, remedial actions, and other remediation activities as well as related activities necessary to ensure complete and successful remediation. Remedial activities may include, but not be limited to, excavation, transportation, and disposal of hazardous, toxic, or radiological waste; underground storage tank or above ground storage tank removals;

installation or improvement/repair of landfill caps; and erosion, sewer, and storm water controls for the purpose of compliance and/or pollution prevention; and remediation activities related to emerging contaminants such as PFAS and 1,4-Dioxane. Supporting activities include, but are not limited to, sampling and laboratory analysis of soil, groundwater, surface water, air, and sediments; monitoring well, extraction well, and injection well installation, monitoring, and maintenance; supporting facilities for construction; work plan preparation; construction completion reports, as-built drawings, periodic monitoring reports, operation and monitoring reports, and other documents as needed; demolition; and public relations activities.

1.4 POTENTIAL ADDITIONAL WORK SCOPE

The Contractor may also be called upon to provide services and construction to support Department of Homeland Security and Federal Emergency Management Agency (FEMA) initiatives in the event of a terrorist threat, an actual terrorist incident, or other incident. These capabilities may include, but not be limited to, implementing measures to reduce environmental vulnerabilities, deterring terrorism and development of capabilities to combat and manage consequences and/or responding to hazardous, toxic, or radiological threats or incidents. These activities may involve weapons of mass destruction or other terrorist weapons. Additionally, the contractor may also be called upon to provide services for planning, design, and construction of measures required for population, area, and infrastructure and other protection efforts to include security engineering, vulnerability surveys, application of engineering evaluations and/or modifications of facilities to deter, defend against, and mitigates the effects of environmental threats, disasters, and attacks.

PART 2.0 TECHNICAL REQUIREMENTS FOR ORDERS

2.1 GOVERNMENT’S POINTS OF CONTACT AND ROLES

2.1.1 Contracting Officer (KO)

A KO is a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the KO acting within the limits of their authority as delegated by the KO.

Only a warranted KO has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the KO attempts to make changes to the terms and conditions of this contract or its orders, you shall not proceed with the change and shall immediately notify the KO.

2.1.2 Contracting Officer's Representative (COR)

A COR is a federal employee delegated limited authority by a KO to monitor and perform specific, enumerated contract management duties related to contract planning, contract administration, technical oversight, and closeout to ensure that the Contractor’s performance meets the standards set forth in the contract.

Upon award of an order, the KO for the Government will designate an authorized COR to supply the Contractor with any appropriate Government furnished data and other necessary documents or equipment.

The COR may provide technical direction on the contract or task order as long as the work is NOT outside of the scope; does NOT constitute a change under the 'Changes' clause;

does NOT result in an increase/decrease in estimated cost of the contract or task order;

does NOT alter the period of performance of the contract or task order; or does NOT change any of the other terms or conditions of the contract or task order. Examples of technical direction are instruction to the Contractor that approves approaches, solutions, designs, or refinements; fills in details; completes the general description of work; shifts emphasis among work areas or tasks; and evaluation and acceptance of reports or other deliverables.

Technical direction will be issued in writing or confirmed in writing within five (5) business days after oral issuance. The KO will be copied on any technical direction by the COR. If, in the Contractor’s opinion, any instruction or direction by the COR falls within those areas in the above paragraph, the Contractor shall not proceed but shall notify the KO in writing within three (3) business days after receiving the direction and shall request that the KO either: (1) provide in writing that the technical direction is within the scope of the contract effort and does not constitute a change under the “changes” clause; (2) Advise whether the Government will issue a written modification to the contract; or (3) Advise the Contractor the technical direction is outside the scope and is thereby rescinded.

Any failure between the Contractor and the KO in regards to the technical direction shall be subject to the provisions of the “Disputes” clause.

2.1.3 Government Project Manager (PM)

In addition to the COR, a Government PM may be assigned to each task order to assist the KO and COR with coordination of the project and matters that are not specifically the direct responsibility of the KO or COR. As such, the Government PM will supply relevant Government furnished data and will coordinate District review comments on deliverables.

Any action taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any government official other than the KO or COR, shall be at the Contractor’s risk.

2.2 ENVIRONMENTAL REQUIREMENTS

All remedial actions shall be in full compliance with applicable Federal, State and local environmental laws and regulations including but not limited to: Pertinent Occupational Safety and Health Administration and Department of Transportation requirements, National Environmental Policy Act, Clean Water Act, Clean Air Act, Endangered Species Act, Toxic Substances Control Act, Resource Conservation and Recovery Act as amended by the Hazardous and Solid Waste Act, and Comprehensive Environmental Response and Compensation and Liabilities Act as amended by Superfund Amendments and Reauthorization Act. The Contractor shall assure that all activities performed by his personnel, subcontractors and suppliers are executed as required by these laws and regulations. Reporting of any incidents of releases, spills, or regulation noncompliance noted by the Contractor must be done in accordance with all laws and regulations and reporting requirements to the KO will be included in the Task Order.

Nothing in this contract shall relieve the Contractor of his responsibility to comply with these laws and regulations.

The Contractor shall perform all work in a manner that minimizes the pollution of air, water or land and develop contingency measures for cleanup of any spills that may occur during the performance of this Contract. The allowability of spill correction costs incurred by the Contractor shall be determined by the contract clauses. The Contractor shall control noise and dust within reasonable limits or limits established by applicable Federal, state, and local laws and regulations. A site survey may be required to identify any wetlands, endangered species, special habitat or other protected areas such as cultural resource sites. Task Orders may include specific environmental protection requirements.

2.2.1 Locational Data Policy

The Contractor shall comply with all requirements related to the EPA Locational Data Policy (LDP) as described in EPA Publication 220 B-92-008 (March 1992 or latest revision) entitled, Locational Data Policy Implementation Guidance: Guide to the Policy. The LDP assures the collection of accurate, consistently formatted, and fully documented locational coordinates for facilities, sites, monitoring points, and observation points regulated or tracked under federal environmental programs within the Agencies’ jurisdiction. The LDP establishes principles for collecting and documenting geodetic coordinates defined in terms of latitude and longitude (lat/long).

2.3 SITE-SPECIFIC SUBMITTALS

Site work shall not commence on a project until the COR, Government Project Manager (PM), or other appropriate management personnel, as required, has approved all of the site-specific submittals required for each specific Task Order to include, but not limited to, Insurance Certificates and Payment and Performance Bonds, if applicable. Submittals will be identified within each Task Order. Following are standard submittals for all Task Orders unless otherwise specified:

2.3.1 Work Plan

A comprehensive Work Plan shall be prepared, as required, to fully describe all aspects of the work to be completed. The Work Plan shall contain but not be limited to the following:

2.3.1.1 Work to be accomplished.

2.3.1.2 Discussion of implementation of the project including the method of operation, type of equipment, personnel required, data available, contaminant characterization, and other special considerations.

2.3.1.3 Schedule that presents the requirements to complete the required field work and key milestones.

2.3.1.4 Permits, licenses, and certificates, identification number, and locations of the disposal facility, if necessary.

2.3.1.5 For projects where waste will be generated, whether it is hazardous or non-hazardous waste, work plans shall cover procedures outlining the safe handling of contaminated material, drummed material, and contaminated liquids in addition to procedures for off-site transportation and disposal of materials. Manifesting, Department of Transportation (DOT) shipping papers, and chain-of-custody procedures should also be included. If the project involves any radioactive waste the contractor shall follow the requirements in EM 1110-35-1 – Management Guidelines for Working with Radioactive and Mixed Waste, as well as all federal, state, and local regulations.

2.3.1.6 Key personnel to be used on the project and their responsibilities

2.3.1.7 Logs, reports, and record keeping being utilized

2.3.1.8 Site specific assumptions and clarifications

2.3.1.9 Site Control measures

2.3.1.10 Plans as listed below, as required.

2.3.2 Health and Safety

For Task Orders involving health and safety, the Contractor shall follow the guidance in Attachment 4 - Health and Safety Supplement to the Scope of Services - Multiple Environmental Government Acquisition (MEGA). Also see paragraph 2.5 below.

2.3.3 Schedule

The Contractor shall prepare a project schedule for each individual Task Order. The schedule should show the proposed sequence to perform the work and dates contemplated for starting and completing all schedule activities. Provide a schedule that is a forward planning, as well as a project monitoring tool. Use the Critical Path Method (CPM) of network calculation to generate all Project Schedules. Prepare each Project Schedule using the Precedence Diagram Method (PDM). The schedule will be approved by the Contracting Officer (KO), COR, Government Project Manager (PM). The status of activities in the schedule will be updated by the Contractor to reflect the actual status. The schedule status will be included with Contractor Progress Reports as specified in the Task Order(s). The Progress Report shall discuss target and actual completion dates for each element of activity including project completion and provide an explanation of any deviation from the milestones in the work plan schedule. Where applicable, the Contractor shall establish and prepare a payment milestone schedule for each individual Task Order. This milestone schedule shall be approved by the COR or Government PM.

2.3.4 Sampling and Analysis

For Task Orders involving sampling and analysis, the Contractor shall follow the guidance on Attachment 3 - Chemistry Supplement to the Scope of Services - Multiple Environmental Government Acquisition (MEGA).

2.3.5 Conference/Meeting Notes

The Contractor shall be responsible for taking notes and preparing the reports of all conferences/meetings. Conference/meeting notes shall be prepared in typed form and the original furnished to the Government (within seven (7) business days after date of conference/meeting) for concurrence and distribution to all attendees. If there are comments, the notes/reports shall be revised and returned for Government reviewing within three (3) business days. This report shall include a roster of attendees with name, organization, title, and contact information, and comments and decisions made affecting criteria changes and items discussed.

The meeting attendees shall review and provide clarifications or corrections to the meeting notes within three (3) business days and the Contractor shall publish a final set of notes within three

(3) business days of receipt of any clarifications/corrections.

2.3.6 Contractor Quality Control Plan

The Contractor is required to prepare a Contractor Quality Control (CQC) Plan for each Task Order, specific to the work required under that Task Order, and operations will be permitted to begin only after Government acceptance of the CQC Plan or acceptance of an interim plan applicable to the particular feature of work to be started. The CQC Plan shall identify the personnel, plans, procedures, and organization for the work to be completed on a specific Task Order to effectively demonstrate how the Contractor will ensure quality deliverables. Overall Contractor Quality Control is discussed further below in paragraph 2.6 below.

2.3.7 As-Built Drawings

The Contractor shall maintain two separate sets of red-lined full scale, as-built construction drawings marked up to fully indicate as-built conditions. These drawings shall always be maintained in a current condition until completion of the work and shall be available for review by Government personnel at all times. The contractor shall provide to the Government a conformed set of all as-built plans in hardcopy and native electronic files in a format compatible with Government capabilities upon completion and acceptance of the work, unless otherwise indicated by the individual Task Order requirements.

2.3.8 Hydrogeology/Geology Requirements

For Task Orders involving collection of data related to delineation/characterization of subsurface contaminants, the Contract shall follow the guidance in Attachment 2 - Geology Supplement to the Scope of Services for the Multiple Environmental Government Acquisition (MEGA).

2.4 SUBMITTAL PROCEDURES

2.4.1 Submittals

Additional details on submittals required, number of copies, designated approver, and method of submission shall be provided in the PWS of each individual Task Order. Submittals are classified as follows:

2.4.1.1 Government Approved (AG)

Government approval is required for extensions of design, critical materials, deviations, equipment whose compatibility with the entire system must be checked, and other items as designated by the KO.

2.4.1.2 Information Only

Submittals for information only will not be returned. All submittals not requiring Government approval or acceptance will be for information only.

2.4.2 Submittal Register

The Contractor shall carefully control their procurement operations to ensure that individual submittals are made on or before the agreed to schedule submittal date represented on the Submittal Register, “ENG FORM 4288-R. The Contractor shall prepare and maintain the submittal register for each order, as the work progresses. The Contractor is to track all submittals by maintaining a complete list, including completion of all data columns, including dates on which submittals are received and returned by the Government.

2.4.3 Deviations

For submittals that include proposed deviations requested by the Contractor, the column "variation" of ENG Form 4025 shall be checked. The Contractor shall set forth in writing the reason for any deviations and annotate such deviations on the submittal. The Government reserves the right to rescind inadvertent approval of submittals containing unnoted deviations.

2.4.4 Disapproved Submittals

Contractor shall make corrections required by the government and promptly furnish a corrected submittal in the form and number of copies specified for the initial submittal. If the Contractor considers any correction or notation on the returned submittals to constitute a change to the contract drawings or specifications; notice as required under the clause entitled, "Changes," is to be given to the KO, COR, and Government PM. If changes are necessary to submittals, the Contractor shall make such revisions and submission of the submittals in accordance with the procedures above. Until the changed submittals are approved, the Contractor cannot proceed with other related order/contract effort which is dependent on the acceptance of the approved submittals.

2.4.5 Approved Submittals

The Government approval of submittals shall not be construed as a complete check but will indicate only that the general method of construction, materials, detailing and other information are satisfactory. Approval will not relieve the Contractor of the responsibility for any error which may exist, as the Contractor under the CQC requirements of this contract is responsible for dimensions, the design of adequate connections and details, and the satisfactory construction of all work. After submittals have been approved by the Government, no resubmittal for the purpose of substituting materials or equipment will be considered unless accompanied by an explanation of why a substitution is necessary.

2.5 SAFETY AND HEALTH

2.5.1 General

This subsection describes in general terms, the minimum Contractor safety health and emergency response requirements associated with this contract. The Contractor shall have an ongoing Safety and Health Program meeting the requirements of the OSHA and USACE standards. Note that the requirements stated in EM 385-1-1 are often more stringent than OSHA requirements, and the Contractor shall comply with all requirements as applicable.

2.5.2 Accident Prevention Plan

The Contractor shall prepare, implement, and enforce the applicable and approved site-specific Accident Prevention Plan (APP). APPs shall be developed and submitted by the Contractor in the format provided in Appendix A of the EM 385 1-1. The Contractor shall address each of the elements/sub-elements in the outline contained in Appendix A in EM 385-1-1. If an item is not applicable because of the nature of the work to be performed, the Contractor shall state this exception and provide a justification. APP shall be job specific and should include work to be performed by subcontractors. In addition, the APP should state measures to be taken by the to control hazards associated with materials, services, or equipment provided by suppliers. The Contractor shall also utilize information from Attachment 4 - Health and Safety Supplement to the Scope of Services for the SDVOSB PRAC MATOC. The APP shall be prepared by qualified personnel and validated by the Contractor annually. Validation shall include review by the Contractor's qualified personnel, necessary revision, and completion of a new signature page.

2.5.2 Acceptance of APP

The Contractor Health and Safety Manager shall sign and date the APP prior to submittal to the Government. Government acceptance of the Contractor's APP is required prior to start of field activities. Changes to the accepted plan shall not be implemented without written concurrence from the COR or designated Government representative. The Government reserves the right to require the Contractor to make changes in the APP and/or operations to assure the safety and health of site workers and the public.

2.5.3 Regulations

The Contractor's APP must be accepted by the COR or designated Government representative before any field activities commence. Any additions or revisions required by the COR or designated Government representative shall be incorporated by the Contractor. The Contractor’s APP and all subsequent amendments (if applicable) shall comply with the following regulations:

2.5.3.1 Federal Acquisition Regulation (FAR) clause 52.236-13 Accident Prevention

2.5.3.2 OSHA Standards - 29 CFR 1910 and 29 CFR 1926

2.5.4.3 USACE Safety and Health Requirements Manual, EM 385-1-1 (most current version)

2.5.3.4 Safety and Occupational Health Document Requirements for Hazardous, Toxic, and Radioactive Waste (HTRW) and Ordnance and Explosive Waste (OEW) Activities, ER 385-1-92

2.5.3.5 Other applicable Federal, State and local regulations

2.5.4 Responsibility

The overall responsibility for the development, implementation and continued enforcement of the Accident Prevention Plan lies with the Contractor.

2.6 CONTRACTOR QUALITY CONTROL

CQC is the means by which the Contractor ensures that the work, to include that of subcontractors and suppliers, complies with the requirements of the contract. The Contractor is responsible for QC and shall establish and maintain an effective QC system for both on- and off-site activities. The QC system shall be documented in the Contractor’s QC Plan. The Contractor shall maintain current records providing factual evidence that the required QC activities and/or tests have been performed according to their QC Plan. The Contractor shall notify the KO as soon as possible of any detected noncompliance of work performed with established QC criteria.

The nonconformance report shall include the cause of the nonconformance, proposed corrective action(s), and effect of the nonconformance. Additional QC requirements are included in Attachment 5 - NWK Supplement for Contractor Quality Control Plans for Remedial Actions.

The Government reserves the right to require the Contractor to resubmit any services, supplies, or materials found not to comply with the contract.

2.7 TECHNICAL AND REGULATORY REPORTS

Technical and regulatory reports shall be prepared and submitted by the Contractor to the KO, COR, and Government PM for each order. All reports shall have a title page/header identifying the contract and task order number; Contractor name; project name; location of project; report type; and date of submittal. The task order PWS will further specify the submittals for each project. The submittal requirements may vary with the project or site. The Contractor shall provide CD ROM files for all submittals in original editable form (i.e. Microsoft Word, Excel, etc.). All native files including graphics, photographs, data acquisition, and files for geophysical quality assurance shall be included in addition to Word and Excel files. All final documents shall be provided as a bookmarked PDF file. Partial submittals will not be accepted without prior approval from the Government PM. The Government shall be allotted a minimum of two (2) weeks for review of and commenting on the draft document. The Government will utilize PROJNet (DrChecks) to manage comments unless otherwise specified in the task order. The Contractor shall address and resolve comments and provide a draft final report for Government backcheck and approval. The Contractor is responsible for distribution of all documents. The number of documents specified and the delivery method (hard copy or electronic) shall be specified in each task order.

2.8 PERMITS/LICENSES

The Contractor comply with all applicable Federal, State, and local laws and regulations and obtain permits and licenses necessary to conduct the work required by this contract and its orders, including, but not necessarily limited to, environmental permits, building permits, digging permits and utility locates, discharge, and rights of entry on and off property, as required. The contractor shall provide the COR with copies of all required permits, permit equivalencies, licenses and certificates when requested. All required clearances, such as but not limited to digging permits and utility locates, shall be obtained prior to initiation of drilling or excavating operations. The Contractor shall include these expenses as part of their proposal submission for the order.

2.9 PROFESSIONAL REQUIREMENTS

The Professional Corporation and/or Professional Engineer requirements for the states of New York and New Jersey and other similar requirements within EPA Region 2 and the USACE Northwestern Division are included for all work, as applicable.

2.10 DEPARTMENT OF DEFENSE INSTALLATION RADIATION PERMITS

In accordance with the requirements 06.E of Engineering Manual (EM) 385-1-1, entitled Safety and Health Requirements Manual, (the USACE safety manual) the Contractor is required to obtain a service permit to use, store, operate or handle a radiation producing device or radioactive materials on a Department of Defense (DoD) Installation. The Contractor shall submit a request to the COR a minimum of forty-five (45) calendar days before needing the service permit. The contractor shall provide all information necessary for the permit application requirements. In some areas, there are additional State or local permits or approvals which must be obtained and the same procedure shall be followed.

2.11 TRANSPORTATION AND DISPOSAL REPORTING REQUIREMENTS

2.11.1 The reporting requirements stated below just pertain to the transportation and disposal of wastes as stated in this subsection.

2.11.1.1 Hazardous Waste Manifest Annual and/or Biennial Reporting Requirements All information necessary to file the Annual and/or Biennial reports shall be prepared and submitted by the Contractor to the COR or other designated Government representative for each Task Order to meet all Federal or State laws and regulations as a part of the Final Report. These report sections shall contain all the information necessary for the filing of the formal report in the form and format required by the governing Federal or State regulatory agency. A cover letter shall accompany the report to include the Contract number; Contractor name; USACE Task Order number and project name; location of project; report type; and date of submittal.

2.11.1.2 Tabulated Waste Handling Information

The Contractor shall list all waste materials going off-site including the description, quantity, destination, purpose, the hazardous waste classification, when the waste was manifested, samples taken, results, transportation plans, disposal facility, etc.; if applicable.

2.11.1.3 State Reporting Requirements

The Contractor shall determine the State reporting requirements (i.e., generator State and/or disposal State) and obtain current State reporting forms. A completed draft of all required forms, with applicable attachments, shall be submitted to the COR or other designated

Government representative for approval prior to submission to the Federal or State regulator.

The State reporting forms shall also be included within the Final Report.

2.11.1.4 Transportation and Disposal Tracking Form

The Contractor shall complete the transportation and disposal tracking in accordance with the waste management plan in the Task Order. This form allows the tracking of key T&D milestones throughout the performance of this Task Order. The form lists all waste materials going off-site. When tracking the waste, the Contractor shall identify the date that the transporter accepts the waste by their signature on the manifest.

2.11.1.5 Discrepancy Reports

Discrepancies due to differences between the quantities or types of hazardous waste designated on the manifest or shipping papers, and the quantity or type of hazardous waste a facility actually receives shall be reported to the COR or other designated Government representative and rectified by the Contractor within fifteen (15) business days after receiving the waste. This information shall be presented in the Final Report.

2.11.1.6 Exception Reports

The Contractor shall verify if the generator or generator's representative has received a copy of the signed manifest from the TSDF on or before the 35th calendar day after transporter signature.

If the generator or generator's representative has failed to receive a signed copy of the manifest by the 44th calendar day, the Contractor shall prepare a draft EPA exception report for the COR or other designated Government representative approval. The Final Exception Report shall be submitted to the COR no later than the 45th day after transporter signature. This information shall also be presented in the Final Report. Prior to official submittal of Exception Report, a draft copy of the report shall be submitted to the COR or other designated Government representative for review. The Government will make every effort to conduct the approval process within five

(5) business days after the COR or other designated Government representative receives the complete Exception Report.

2.11.1.7 Toxic Substance Control Act PCB Reporting Requirements

If specified in the Task Order, or in the event of discovery of equipment or containers, or any media including soil or water with PCB-contaminated fluid impacted by the work in Task Order, the Contractor shall:

2.11.1.7.1 notify the KO immediately and report the findings in writing as soon as possible;

2.11.1.7.2 complete and submit all necessary logs and reports in accordance with Federal and State laws and regulations;

2.11.1.7.3 satisfy all manifest and reporting requirements as specified in paragraphs COMPLETE MANIFEST PACKAGE, and T & D REPORTING REQUIREMENTS above, and as otherwise applicable to the PCB containing material;

2.11.1.7.4 arrange for the proper disposal of the waste; and, when disposal is completed, certify that the PCB contaminated material was disposed properly in accordance with all Federal, State, and local laws and regulations; and

2.11.1.7.5 report all information concerning the incident, and include copies of all related documents in the Final Report.

2.11.1.8 On-Site Personnel

The Contractor shall utilize a trained, experienced on-site person to ensure that all on-site procedures for transportation and disposal of hazardous wastes are implemented and enforced on-site. The on-site person responsible for certification shall be trained as per D.O.T. regulations.

The on-site person's qualifications shall be approved by the COR or other designated Government representative.

2.11.2 Contractor Responsibilities

The Contractor is responsible for total management of their Transportation and Disposal procedures including scheduling, control, and certification of all manifest submittals. An integral part of the certification procedure is proper identification of listed waste streams. The Contractor is responsible for reviewing generator supplied site documentation and submitting as part of the manifest package the logic relied upon in making the determination. If records or waste history are unavailable, the Contractor shall interview the generator or any available past site workers present when the waste was disposed to ascertain the origin of the waste. If requested by the COR, the Contractor shall draft, for generator signature, a letter to the TSDF certifying that the information listed is based on available historical data.

2.11.3 Government Responsibilities

The Government will review submittals designated for Government approval and approve those that conform to Contract requirements. Approval will not relieve the Contractor of the responsibility for any error which may exist, as the Contractor under the requirements of this contract is responsible for ensuring that the quantities, waste characterizations and classifications, and all other details of the waste on-site matches what is on the manifest prior to signature of the manifest. After submittals have been approved by the COR or other designated Government representative, no resubmittal for the purpose of changing the manifest's waste classification will be given consideration unless accompanied by justification as to why a change is necessary.

2.11.4 Regulator Notices of Non-Compliance

In the event the Contractor is notified by a Federal, State, or local agent that a manifest, shipment, waste disposal, or any related activity concerning a Task Order under this Contract is not in order or not in compliance with any requirement, the Contractor shall notify the COR or other designated Government representative immediately. The Contractor shall furnish to the Government copies of all notices and all relevant documents, including correspondence, subcontracts, lab reports, memoranda, and any other documents requested by the Government within a timely manner. The Contractor shall coordinate its response to the notice with the COR or other designated Government representative prior to submission to the notifying authority, and shall furnish a copy to the COR or other designated Government representative of all documents submitted to the authority, including the final reply to the notice. This coordination will not relieve the Contractor of their responsibilities.

2.11.5 Subcontractor Coordination

If the subcontractor, consultant, or agent is retained by the Contractor to perform any of the work required by this section of the Contract, the subcontract shall include all of this section, with appropriate adjustments for the subcontract, and include the Regulatory Specialist or other authorized employee of the Contractor as the point of contact for the submittals and communications between the subcontractor and the Government. The Contractor shall remain responsible for compliance with this section and all other portions of the Contract and shall sign all certifications required by the Contract.

2.12 AS-BUILTS

The Contractor shall maintain two separate sets of red-lined full scale, as-built construction drawings marked up to fully indicate as-built conditions. These drawings shall be maintained in a current condition throughout the period of performance. These drawings shall always be available for review by Government personnel. The Contractor shall provide a conformed set of all as-built plans to the Government upon completion and acceptance of the work, unless otherwise indicated by the individual task order requirements.

2.13 MOBILIZATION

Mobilization is a non-recurring cost unique to individual work sites for a given task order. Costs for mobilization shall be included in the Contractor’s proposal. The costs for mobilization will be segregated as a non-recurring cost and identified clearly in the proposal. Mobilization costs prior to award of a task orders are not reimbursable.

2.14 BONDS

For orders that contain construction, the Government shall require the submission of a Bid Bond (per FAR 52.228-1 Bid Guarantee) with the proposal submission for work considered to be construction. Payment and Performance Bonds (FAR 52.228-15 Payment and Performance Bonds (Deviation 2020-O0016)(Apr 2020)) are due no later than ten (10) calendar days of award to the KO. No construction site work can commence until approved. The Contractor will need to break out their costs in their proposal to reflect services versus construction cost. Profit and any overhead rates shall also be appropriately segregated as services or construction. The Contractor shall be responsible for ONLY submitting bonds for the construction portion of the work, unless stated differently in the order.

2.15 SUSTAINABLE PRACTICES

Projects executed for EPA Region 2 shall use technologies and practices that are sustainable in accordance with EPA’s Consideration for Greener Cleanup Activities (April 2016) found at https://www.epa.gov/superfund/superfund-green-remediation or other EPA green requirements as applicable.

2.16 REQUIRED INSURANCE SCHEDULE

Unless specified differently in a specific order, the Contractor shall procure and maintain during the entire period performance of an order the following minimum insurance:

Type: Amount Workmen’s Compensation Coverage complying with applicable state Statutes and

Employer’s Liability regulations. Minimum amount of $100,000.00

General Liability on Comprehensive Minimum limits of $1,000,000.00 per occurrence for Form of Policy which includes, but is not for bodily injury, limited to, insurance for all work required under this contract.

Comprehensive Automobile Minimum limits of $200,000.00 per person and Liability $500,000.00 per occurrence for body injury, and $20,000 per occurrence for property damage.

Proof of insurance must be furnished to the KO and COR prior to any site work on the order.

Failure to provide such required insurance may result in the termination for default.

2.17 VETERANS EMPLOYMENT EMPHASIS FOR US ARMY CORPS OF

ENGINEERS CONTRACTS

In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no evaluation preference or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

U.S. Department of Labor Veterans’ Employment and Training Service (VETS):

https://www.dol.gov/vets/

Federal Veteran Employment Information: https://www.fedshirevets.gov/ Veterans Opportunity to Work (VOW) Program: https://www.benefits.va.gov/vow/

U.S. Army Warrior Transition Command Employment Index:

https://wct.army.mil/modules/employers/index.html Hiring Our Heroes: https://www.uschamberfoundation.org/hiring-our-heroes

2.18 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

(CPARS)

In accordance with the provisions of Subpart 42.15 (Contractor Performance Information) of the Federal Acquisition Regulation (FAR), Contractor’s performance shall be evaluated on relevant orders issued under this contract. This determination shall be primarily based on thresholds provided in DoD Class Deviation 2013-O0018, but the Government reserves the right to report on any action where there is poor performance or a termination for default has occurred.

The Government shall utilize the CPARS system for documenting contractor performance which can be located at https://www.cpars.gov/. More detailed information on the CPARS system, reporting by the government, and contractor response times are detailed at https://www.cpars.gov/documents/CPARS-Guidance.pdf.

In order to access the CPARS website, the Contractor must be registered in the “System for Award Management” (SAM) and must have created a Marketing Partner Identification Number (MPIN) in the SAM profile to access this information.

2.19 PAYMENT

The contractor shall prepare and submit partial pay estimates/vouchers to the Government PM and COR. The partial payment estimates/vouchers will be prepared using ENG Form 93, which will serve as the request for payment. All partial payments/vouchers will be based on work completed as of the end of the report month.

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerForms/Eng_Form_93 _ 2014Mar.pdf

2.20 PUBLIC RELATIONS

Public relations will be performed by the USACE Public Affairs Officer (PAO) or by the Public Affairs Office of the Installation or other external customer; however, the Contractor should have personnel qualified to provide community/public relations support to the PAO, if required.

In the event of the need to provide such support, the task order will reflect those services as required. All public relations shall be coordinated through the Government PM.

2.21 SECURITY

2.21.1 Physical Security

The Contractor shall provide site security (e.g. fencing or guard service) as required by each individual Task Order. However, at a minimum, the Contractor shall maintain the site and all other Contractor controlled areas in such a manner as to minimize the risk of injury or accident to site personnel or others who may be in the area. Work on or near roadways shall be carefully marked with lights and barricades meeting State and local regulations or, where such regulations are not applicable, deemed adequate to minimize the risk of an accident. Open excavations that pose a danger to site personnel or others shall be fenced to prevent accidental entry. Side slopes of excavations shall be shored or left at a safe angle of repose as defined by OSHA 1926.650-652 and EM 385-1-1, Section 25. All equipment, when not in operation, shall be left in a safe manner (e.g., wheels blocked and buckets on the ground). Near residential areas where there may be children, special consideration shall be given to site security/safety needs.