B.08.02 W912DQ21R3003 with Attachments (20210223).pdf

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until 04:30 PM local time 25 Mar 2021

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77 - 88 X H 89 - 94 brian.h.winters@usace.army.mil

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 94

(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

See Section L Paragraph 2 conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

BRIAN H WINTERS (816) 389-2314

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 5

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

6 - 38 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 41 - 45 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 46 - 51 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

52 - 64

PART II - CONTRACT CLAUSES

USACE, KANSAS CITY +

CONTRACTING DIVISION FEDERAL BLDG CT 601 E 12

KANSAS CITY MO 64106-2896 816-389-3812

816-389-3029FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

23 Feb 2021

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W912DQ21R3003

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Job Small Business ERS - FFP Base Period

FFP

This CLIN is designated for Firm Fixed Price (FFP) work. The Contractor shall perform Environmental Remediation Services (ERS) 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 Small Business ERS - CPFF Base Period

CPFF

This CLIN is designated for Cost Reimbursement (CR) work. The Contractor shall perform ERS work in support of existing and future customers within the NWD USACE and EPA Region 2. This base ordering period is for a duration of three (3) years from the date of contract award.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

0003 Job OPTION Small Business ERS - FFP Option Period

FFP

This CLIN is designated for FFP work. The Contractor shall perform ERS work in support of existing and future customers within NWD of USACE and EPA Region

2. This optional ordering period is for a duration of two (2) years. This optional ordering period is governed by the clause 52.217-9 Option to Extend Services.

0004 Job OPTION Small Business ERS - CPFF Option Period

CPFF

This CLIN is designated for CR work. The Contractor shall perform ERS wok in support of existing and future customers within NWD USACE and EPA Region

2. This optional ordering period is for a duration of two (2) years. This optional ordering period is governed by the clause 52.217-9 Option to Extend Services.

0005 Job OPTION Small Business ERS - FFP Option

FFP

This CLIN is designated for FFP work. The Contractor shall perform ERS work in support of existing and future customers within the NWD USACE and EPA Region 2. This optional ordering period is governed by the clause 52.217-8 Option to Extend Services.

0006 Job OPTION Small Business ERS - CPFF Option

CPFF

This CLIN is designated for CR work. The Contractor shall perform ERS work in support of existing and future customers within the NWD USACE and EPA Region 2. This option is governed by the clause 52.217-8 Option to Extend Services.

GENERAL INFORMATION SECTION B

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 Environmental Remediation Services (ERS) under NAICS Code 562910 (750 employee size standard) to primarily 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 under this contract will be either be FFP or CR.

2. Total Amount of Contract

The maximum value for all orders issued against the MATOC shall not exceed $60 million.

There is no limit of the number of Task Orders that may be executed 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 contractor may invoice for the remaining minimum guarantee.

If the cumulative value of any additional task orders (including both 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 (3) years plus one two (2) year option period or until the $60 million contract limit is reached, whichever comes first. This contract also includes clause FAR 52.217-8, Option to Extend Services, which if necessary, allows the Government to extend the ordering period 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 (5) years and six (6) 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 (SOW)

ENVIRONMENTAL REMEDIATION SERVICES (ERS)

MULTIPLE AWARD TASK ORDER CONTRACT (MATOC)

09 FEB 2021

1.0 GENERAL

1.1 DESCRIPTION OF WORK

This performance-based Indefinite Delivery/Indefinite Quantity (ID/IQ) Multiple Award Task Order Contract (MATOC) for Environmental Remediation Services (ERS). This ERS will support work assigned to the U.S. Army Corps of Engineers (USACE) Northwestern Division and the U.S. 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 (DOD) Environmental Quality Program, Brownfields, Formerly Utilized Sites Remedial Action Program (FUSRAP), environmental cleanup activities under the Base Realignment and Closure (BRAC) Program, Department of Homeland Security (DHS) and the Federal Emergency Management Agency (FEMA), and other environmental and homeland security laws and regulations requiring support activities for military installations, Corps' 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). It is anticipated that majority of the work will be conducted within EPA Region 2 boundaries with some work in the USACE Northwestern Division boundaries.

Orders issued under this MATOC will primarily support work assigned to the Kansas City District. 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 Multiple Environmental Government Acquisition (MEGA) Strategy Team.

1.2 SCOPE OF WORK

The purpose of this action is to provide the necessary professional and technical support services to ensure the required mission objectives are completed timely. Services and construction may include, but are not limited to, environmental remediation services listed below. The Contractor, operating as an independent Contractor and not as an agent of the Government shall provide all labor, tools, materials, facilities, equipment, supervision, and other items necessary (unless stated elsewhere in this document or in the specific order). The

Contractor may be required to perform work under multiple task orders at different sites simultaneously. Typical examples of potential areas of work are as follows:

1.2.1 Environmental Remediation Services

It is anticipated that the majority of the task orders will be providing services and related construction to meet the requirements of the Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), the Clean Water Act, the Clean Air Act, and other related Federal Programs in addition to State/Local specific regulations/requirements dealing with hazardous waste management/disposal, radioactive waste/mixed waste management/disposal, and with Underground Storage Tanks, and other fuels-related issues. Remedial actions may address both regulated and non- regulated toxic substances. Construction efforts necessary to implement environmental remediation services is included in this scope of work.

The Contractor shall have the capability and experience to perform or provide a wide range of remediation services at hazardous waste sites. These efforts may include investigation and field studies (both on-site and off-site) work, environmental removal actions, remedial actions, and other remediation activities as well as related activities necessary to complete a successful remediation, conduct long-term response actions (LTRA), or long-term monitoring (LTM).

1.2.2 Construction Support

Construction efforts necessary to implement environmental remediation services may include, but not be limited to:

Excavation, transportation, and disposal of hazardous, toxic, or low-level radiological waste;

Asbestos and lead-based paint remediation;

Building remediation and demolition;

Construction and operation of groundwater treatment plants and extraction systems;

Implementation and operation of in-situ treatment technologies including but not limited to air sparging, chemical oxidation, bioremediation, ground-water circulating wells, permeable reactive barriers, soil vapor extraction, and thermal treatment;

Water line installations/service connections hookups;

Utility line replacement and/or remediation along utility lines;

Erosion, sewer, and storm water controls for the purpose of compliance and/or pollution prevention.

1.2.3 Other Support Activities

Supporting activities include but are not limited to:

Sampling and laboratory analysis of soil, groundwater, surface water, air, and sediments;

Preparation of work plans, reports, studies, and ability to conduct studies to support

RCRA, CERCLA and other programs listed above;

Public participation such as presentation of both written and visual material;

Data analysis/interpretation/modeling, and data management;

Special studies such as Remedial System Evaluation (RSE), Monitored Natural Attenuation (MNA), State Historic Preservation Offices studies, Wetlands delineations, value engineering studies, energy studies, schedule analysis, and cost estimating.

1.2.4 DHS and FEMA Support

Support services and construction for DHS and FEMA initiatives in the event of a terrorist threat, an actual terrorist incident, or other incident. Some examples include, but are not limited to the following:

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;

Combat and manage consequences responding to activities involving weapons of mass destruction (WMD) or other terrorist weapons;

Support for planning, design, and construction of measures required for population, area, and infrastructure;

Other protection effort support to include security engineering, vulnerability surveys, application of engineering evaluations and/or modifications of facilities to deter, defend against, and mitigate the effects of environmental threats, disasters, and attacks.

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;

results in an increase/decrease in the estimated cost; alters the period of performance; or changes any of the other terms or conditions. 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 CONTRACTOR PRIME POINTS OF CONTACT AND ROLES

2.2.1 Program Manager

The Contractor shall provide a Program Manager who shall be responsible for the management and performance of all work completed under this Indefinite-Delivery Indefinite-Quality Award and its orders. This includes management of cost and schedule; overseeing the development and implementation of record keeping and administrative and quality control programs. The program manager or alternate (typically the order project manager) shall have full authority to act for the Contractor on all contract matters relating to daily operation. The program manager, or alternate, shall be available during normal duty hours (typically 8:00 am to 4:00 pm Monday-Friday, excluding holidays) to meet by phone or in person with government personnel (designated by the KO) to discuss problem areas. The Program Manager, or their alternate, is responsible for initiating immediate corrective action when performance is not acceptable to the Government. Also see section 4.1 of the SOW for additional details.

2.2.2 Project Manager (PM)

For each task order, the Contractor shall designate a PM. The Program Manager may act as the PM, with approval of the COR. The PM shall be the single point of contact for the Task order and shall be responsible for the management and execution in accordance with the PWS, approved work plans, and all federal, state, and local laws and regulations. The PM shall ensure coordination between the Safety and Health Manager (SHM) and the Site Safety and Health Officer (SSHO) to ensure that all site activities are performed in a safe manner. The Contractor shall also maintain close communication and coordination with USACE for the duration of the project such as, but not limited to, weekly and/or monthly progress and detailed cost reporting or as specified in the order. Also see section 4.2 of the SOW for additional details.

2.3 ENVIRONMENTAL PROTECTION REGULATORY REQUIREMENTS

All site investigation, construction, monitoring, operations, and maintenance activities, permits, other environmental documents, and all other types of remedial action activities shall be in full compliance with applicable Federal, State and local environmental laws and regulations including but not limited to:

USACE Engineering Manual (EM) 1110-35-1, “Engineering and Design – Management Guidelines for Working with Radioactive and Mixed Waste” (most current version).

Department of Transportation (DOT) Regulations, 49 CFR Subchapters A, B, and C Environmental Protection Agency (EPA) Regulations, 40 CFR Subchapter I – Solid

Wastes.

USACE EP 415-1-266, “Construction – Resident Engineer Management Guide (REMG) for Hazardous, Toxic, and Radioactive Waste (HTRW) Projects’ (most current version) DHS, 6 CFR Part 27.

EPA Regulations, 40 CFR Subchapter J – Superfund, Emergency Planning, and

Community Right- To-Know Programs EPA Regulations, 40 CFR 300 – National Oil and Hazardous Substances Pollution

Contingency Plan CERCLA, 42 USC 9601 et seq.

RCRA 42 USC 6901 et seq.

Clean Air Act (CAA) 42 USC 7401 et seq.

Safe Drinking Water Act 42 USC 300f et seq.

Clean Water Act 33 USC 1251 et seq.

National Environmental Policy Act 42 USC 4321 et seq.

Toxic Substances Control Act 15 USC 2601 et seq.

Atomic Energy Act of 1954, as amended, 42 USC 2011 et seq.

Endangered Species Act of 1973 16 USC 1531 et seq.

OLEM--9200.0-89

OSWER—9355.7-03B-P

Other applicable Federal, State, installation and local environmental requirements

The Contractor shall assure that all activities performed by their personnel, subcontractors and suppliers are executed as required by these laws and regulations.

2.3.1 Releases, Spills, or Non-Compliance Reporting

Any incidents of releases, spills, or regulation noncompliance noted by the Contractor shall immediately (within 1 hour) be brought to the attention of the KO, COR, and Government PM with written notice to follow within one (1) calendar day. The contractor shall complete all spills and release reporting as required in Federal, State, or Local regulations, or as directed by the KO/COR. Nothing in this contract or its orders shall relieve the Contractor of their 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 and its orders. The allowability of spill correction costs incurred by the Contractor shall be determined by the applicable contract clauses depending on the specific situation and type of order (e.g. 52.216-7, 52.236-9, 52.236-13, and/or 52.237-2). 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.

2.3.2 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).

2.4 WORK PLAN

The Contractor shall be required to submit a comprehensive Work Plan (WP), as appropriate to the PWS for a new task order. The WP fully describes all aspects of the work and the Contractor’s activities outlined in the task order. The WP shall typically contain when relevant, but not be limited to the following:

Statement of the work to be accomplished Description of available data/information, contaminant characterization, and other special considerations;

Discussion on implementation of the project including the method of operation, type of equipment, personnel required, and other special considerations to meet the

PWS;

A schedule that presents the requirements to complete the required field work and key project milestones that is compatible with Primavera or with Microsoft Project;

Key personnel to be used on the project along with their roles and responsibilities;

Area or Site-specific assumptions and clarifications;

Area or Site control measures;

Permits, licenses, certifications, identification number, and locations of disposal facility(s), if necessary;

Logs, reports, and record keeping being utilized;

Daily Quality Control Reports.

Specific Safety Plans as appropriate (e.g. Accident Prevention Plans) Procedures shall be outlined on the safe handling of contaminated material, drummed material, and contaminated liquids in addition to procedures for off-site transportation and disposal of materials when waste will be generated, whether it is hazardous or non-hazardous.

Procedures are also be provided in Section 2.20 of the SOW regarding Manifesting, DOT shipping papers, and chain-of- custody.

2.5 SCHEDULE

The Contractor shall prepare a project schedule for each individual Task order. The schedule shall show the proposed sequence of activities to perform the work and dates contemplated for starting and completing those schedule activities. The schedule shall be forward planning, as well as a project monitoring tool. It shall use the Critical Path Method (CPM) of network calculation to generate all Project Schedules; and the Project Schedule will be prepared using the Precedence Diagram Method (PDM). The schedule will be approved by the KO, COR, or Government 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. 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.

2.6 CONTRACTOR QUALITY CONTROL

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 quality control and shall establish and maintain an effective quality control system for both on- and off-site activities. The quality control system shall consist of personnel, plans, procedures, and organization necessary to produce an end product that complies with governing regulations and contract task order requirements. The Contractor is required to prepare a Contractor Quality Control Plan (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. The Contractor shall maintain current records providing factual evidence that the required quality control activities and/or tests have been performed. The Contractor shall notify the COR and KO as soon as possible of any detected noncompliance of work performed with established quality control criteria. The nonconformance report shall include the cause of the nonconformance, proposed corrective action(s), and effect of the nonconformance. Additional Quality Control requirements are included in Attachment 9 - NWK Supplement for Contractor Quality Control Plans for Remedial Actions, which is listed as an attachment in Section J.

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 HEALTH AND SAFETY

2.7.1 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 Occupational Health and Safety (OSHA) and USACE standards.

2.7.2 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 8 - Health and Safety Supplement to the Statement of Work for the Small Business Environmental Remediation Services – Multiple Award Task Order Contract. 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.

2.7.3 Approval of APP

The Contractor’s Health and Safety Manager shall sign and date the APP prior to submittal to the Government. Government approval of the Contractor's APP is required prior to start of field activities. Changes to the approved plan shall not be implemented without written concurrence from the COR. 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.

2.7.4 Regulations

The Contractor' s APP must be submitted to the COR within the time specified in the task order. Any additions or revisions required by the COR shall be incorporated by the

Contractor. The Contractor' s APP and all subsequent amendments (if applicable) shall comply with the following regulations:

Federal Acquisition Regulation (FAR) clause 52.236-13 Accident Prevention OSHA Standards - 29 CFR 1910 and 29 CFR 1926 USACE Safety and Health Requirements Manual, EM 385-1-1 (most current version) Safety and Occupational Health Document Requirements for Hazardous, Toxic, and

Radioactive Waste (HTRW) and Ordnance and Explosive Waste (OEW) Activities, ER 385-1-92 National Institute for Occupational Safety and Health (NIOSH)/OSHA/U.S. Coast Guard

(USCG)/USEPA, "Occupational Safety and Health Guidance Manual for Hazardous Waste Site Activities", October 1985.

Other applicable Federal, State and local regulations

2.7.5 Responsibility:

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

2.8 PERMITS/LICENSES

The Contractor shall 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. All necessary permits and licenses shall be completed prior to the start of any field activities such as, but not limited to, excavation or drilling. The Contractor shall include these expenses as part of their proposal submission. Copies of all permits and licenses shall be provided to the COR. No onsite activities may occur until the necessary permits and/or licenses are in place.

2.9 RADIOLOGICAL EQUIPMENT

In accordance with Requirement 06.E of EM 385-1-1, entitled Safety and Health Requirements Manual, (the U.S. Army Corps of Engineers 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 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.

2.10 CONFERENCE/MEETINGS

The Contractor shall be responsible for taking notes and preparing meeting minutes for each conferences or meetings. Conference/meeting notes shall be typed and furnished to the Government within seven (7) business days after date of the event for comments or concurrence. If there are comments, the notes shall be revised and returned for Government review within three (3) business days. Distribution of the report, which was developed from the notes, should occur within three (3) business day of receipt of concurrence to all attendees.

The report from the meeting/conference 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 report within three (3) business days, and the Contractor shall publish a final report within three (3) business days of receipt of any clarifications/corrections.

2.11 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.

2.12 INVESTIGATION AND FIELD STUDIES (BOTH ON-SITE AND OFF-SITE

WORK)

The Contractor shall perform all planning, fieldwork, analysis, and preparation of any reports as specified in the task order (s). The investigative services to be provided generally consist of performing investigations to determine the contaminant(s) source(s), geology, and ground-water conditions, contaminant concentration, contaminant migration, and geotechnical characteristics as well as any other related tasks. The Contractor shall also follow the Attachment 7 - Geology/Hydrology Requirements for the Small Business Environmental Remediation Services Multiple Award Task Order Contract as identified Section J. The data collection requirements shall be established in the task orders and be usable for preparation of a remedial design and/or implementation of the response action(s).

Investigation may or may not be performed in conjunction with the response action, depending on the task order requirements. Work may include risk assessments, fate and transport, ground-water modeling, or other techniques to determine the potential risks to human health and the environment. The Contractor shall prepare associated reports as described in each individual task order. The Contractor shall have the capability and experience to provide a wide range of investigative and response services required for remediation/responses at HTRW sites such as:

Site characterization and evaluation Identification of action levels for regulated hazardous wastes or substances resulting from review of Federal, state and local laws, regulation, guidance, or developed through risk assessments. This shall also include coordination with appropriate regulatory agencies

Public Health Evaluations and National Environmental Policy Act (NEPA) documentation as required for proposed site remediation techniques and alternatives

Survey and Mapping, GIS, remote sensing Boring for soil sampling, testing (field and/or laboratory) or other chemical or geotechnical analysis (either on- or off-site) Drilling, installation and development of ground-water monitoring wells, production wells, extraction and injection wells, piezometers or other instrumentation Conducting surface or down hole geophysical surveys Conducting hydrogeological field testing and performing analyses and data interpretation Sampling and sample handling techniques for chemical and geotechnical characteristics including data management and data interpretation Short- and Long-Term Monitoring Evaluation of available response actions, and recommendations of the most environmentally sound and cost-effective alternatives Multi-Agency Radiation Site Survey and Investigation Manual (MARSSIM) for radioactive materials sites Preparing and submitting plans (e.g. closure plans, waste analysis plans, Spill

Prevention, Control and Countermeasure (SPCC) plans, Underground Storage Tank (UST) Site Assessment plans, Contingency Plans, etc.)

Expert Testimony Participation in community education, public involvement, or public affairs activities Chemical analysis (both on- and off-site) of all media for a wide variety of organic and inorganic parameters which may include:

Non-hazardous, hazardous, mixed and radioactive wastes Other chemical, physical, and composite testing Characterization and screening for waste-bulking compatibility Transportation and disposal of hazardous substances and radioactive materials Conventional water and wastewater quality parameters Reviewing work products for technical adequacy Potentially Responsible Party (PRP) Activities Recordkeeping Training and documentation required by Federal, state, and local laws and regulations

2.13 ANALYTICAL TESTING

2.13.1 All EPA Region II Superfund projects

All analytical data shall be provided as a Region II Electronic Data Deliverable (EDD). The Region II specifications for EDDs can be found at https://www.epa.gov/superfund/region-2-superfund-electronic-data-deliverable-edd-frequent-questions. The Contractor must perform manual verification/ validation of all laboratory data including but not limited to data verification and validation of each method’s specific initial calibration, calibration verification and instrument performance parameters as specified in the EPA methodology. To complete the data assessment, data verification results that show exceedances will require further evaluation through data validation procedures. Data will be validated according to decision logic and data qualifiers outlined in the most recent version of the EPA National Functional Guidelines or other project-specific guidance.

2.13.2 DoD Projects (e.g. Lead agency such as FUDS or IRP)

All analytical data shall be performed in accordance with the current version of the Department of Defense Quality Systems Manual for Environmental Laboratories (DoD QSM). The DoD QSM is available at http://www.denix.osd.mil/edqw/. The laboratory performing the analytical work shall be accredited by the DoD Environmental Laboratory Accreditation Program (DoD ELAP). All proposals shall identify the prime laboratory and any secondary laboratory (ies) to be used. The final determination of acceptability of the laboratory will be at the discretion of the USACE Project Chemist. If the laboratory fails to meet the project specific requirements at any time, the USACE Project Chemist may request that use of the laboratory be discontinued and analytical services be procured from a laboratory which can meet the project specific requirements.

All analytical data shall be provided as a Staged Electronic Data Deliverable (SEDD) minimum stage 2A. The data deliverable shall also be compatible with and suitable for use by the ADR.NET software for data verification. Sponsorship for ADR.NET software tools is available to Contractors from Laboratory Data Consultants (WWW.lab-data.com). The Contractor must perform manual verification/validation of any analytical steps that are not automated within ADR.NET. This includes, but is not limited to, verification and validation of each method’s specific initial calibration, calibration verification and instrument performance parameters as specified in the EPA methodology and DoD QSM. To complete the data assessment, data verification results that show exceedances will require further evaluation through data validation procedures. Data will be validated according to decision logic and data qualifiers outlined in the most recent version of the EPA National Functional Guidelines or other project-specific guidance. Support for specific programs may also mandate the submission of chemical and/or sampling data in electronic formats for archival / retrieval within an agency-specific database system. For instance, Air Force Projects will require an ERPIMS database format submission, and the US Army requires ERIS database format submission. ERPMIS is the Air Force system for validation and management of data from environmental projects at all Air Force bases. This data contains analytical chemistry samples, tests, and results as well as hydrogeological information, site/location descriptions, and monitoring well characteristics.

2.13.3 Non-DoD Projects (not the lead agency)

All analytical data shall be performed in accordance with the customer or project specific requirements. Other State certifications may be required depending on where the project site is located. Additionally, for projects located in EPA Region II, the Contractor shall be responsible for following the requirements of the Field and Analytical Services Teaming Advisory Committee (FASTAC) process -https://www.epa.gov/sites/production/files/2018-10/documents/fastac-memo-2018.pdf.

The Contractor shall also report the details of all analytical work in accordance with the Analytical Services Tracking System (ANSETS). All proposals shall identify the prime laboratory and any secondary laboratory (ies) to be used. The final determination of acceptability of the laboratory will be at the discretion of the USACE Project Chemist. If the laboratory fails to meet the project specific requirements at any time, the USACE Project Chemist may request use of the laboratory be discontinued and analytical services be procured from a laboratory which can meet the project specific requirements.

2.14 ENGINEERING SUPPORT AND REMEDIAL DESIGN

The Contractor may be required to provide a wide variety of engineering services to support remediation/response actions. The extent of the engineering services will be described in detail in each individual task order and may include structural, mechanical, electrical, architectural, geotechnical, geological, civil, chemical, environmental, cost engineering, constructability reviews, and other engineering support. The Contractor shall perform all necessary planning, fieldwork, and prepare all engineering documents identified in the task order. Engineering documents shall be representative of industry or Government standards for drawings and specifications or by performance specifications. All Engineering documents produced by the Contractor shall be stamped by a licensed Professional Engineer and shall be submitted to the Government PM for approval. Engineering support may include:

Design Analysis, containing the criteria, design assumptions calculations and other pertinent data

Performance specifications or completely edited Government furnished guide specifications

Computer Aided Design (CAD) generated drawings must be compatible with USACE software. The National CAD Standards can be found at the National Institute of Building Sciences website: https://www.nationalcadstandard.org/ncs6/ These Standards will be used by the Construction Contractor at time of as-built preparation.

Contractor schedules compatible with Primavera or with Microsoft Project Manager.

Cost estimating software utilizing an industry approved software package capable of providing sufficient information to adequately and accurately capture the projected project costs. It is recommended that estimated costs be submitted by using the software, "Microcomputer-Aided Cost Estimating System (MCACES), Second Generation (MII), latest version", by Building Systems Design, or a similar cost estimating system.

Engineering during construction to include checking shop drawings, materials, fixtures, equipment, samples, plant materials in accordance with the specifications and drawings.

Record drawings, modifications or as-built drawings Constructability reviews Other engineering and technical support may include technical expertise or expert testimony Securing permits as requested Liaison and interface with regulatory agencies Resolution of problems during response actions

2.15 RESPONSE ACTIONS, REMOVALS, AND OPERATIONS AND

MAINTENANCE

Response actions may or may not be performed in conjunction with investigation and engineering support depending on the individual task order. The requirements related to response actions will be described in detail in individual task orders. The Contractor shall perform all necessary planning, fieldwork, and implementation of the response actions requirements identified. The Contractor shall have the capability and experience to perform a wide range of investigations, response actions, and removals for HTRW sites including, but not limited to:

On-Site source control and containment using a variety of technologies On-Site treatment using a variety of technologies Preparation of Manifest for Signature Transportation to and/or storage, treatment, and/or disposal of waste in an off-site facility Survey, removal, transportation, and disposal of asbestos-containing materials Installation of all support facilities Preparation of all applicable Operation and Maintenance (O&M) Manuals and associated training of facility personnel for equipment installed Short- and Long-Term Operation and Maintenance of facilities constructed under this contract for the period specified (inclusive of facilities constructed through other contracts or under other task orders issued under this contract)

Evaluation / Optimization of treatment facilities to minimize overall project costs and/or to improve the effectiveness of the remediation

Problem solving during response with unexpected conditions or execution problems at the site

Short and long-term monitoring

2.16 PLANNING DOCUMENTATION DELIVERABLES (SAMPLING AND

ANALYSIS PLAN (SAP), FIELD SAMPLING PLAN (FSP) AND QUALITY

ASSURANCE PROJECT PLAN (QAPP) OR SIMILAR PLANNING

DOCUMENTATION).

On task orders involved with CERCLA, there is a required SAP. This SAP has two major subsections which are the field-sampling plan (FSP), which deals with field activities, and the QAPP, which covers the generation of analytical data. Projects QAPPs shall be prepared in accordance with the Uniform Federal Policy – Quality Assurance Project Plan (UFP-QAPP) format (EPA-505-B-900A, current version). The Contractor shall also refer to USACE EM 200-1-3, Requirements for the Preparation of SAP for detailed requirements of the selected project planning documents and Attachment 6 - Chemistry Supplement to the Scope of Services for the Small Business Environmental Remediation Services Multiple Environmental Government Acquisition, as referenced in Section J. EPA and/or state regulators require the preparation of appropriate planning documents for all environmental measurements that will be used for environmental regulatory compliance, regardless of the planning documents title, in order to obtain data of sufficient quality for legally defensible data. The Contractor is responsible for preparing the appropriate planning document (referred to as FSP/QAPP) that complies with the EPA or other lead regulatory agency regulations, USACE guidance, the

Department of Defense Quality Systems Manual (DOD QSM) and EPA QA/R-5. All procedures and activities required for the acquisition of data shall be presented in the FSP/QAPP for approval by the USACE technical team, and state and/or EPA authorities, as necessary, prior to the initiation of any fieldwork. In limited circumstances, USACE may grant conditional approval to the FSP/QAPP to permit some work to begin while non-critical deficiencies are being resolved.