B.08.02 W912DQ21R3005.pdf

CODE

(Hour)

PAGE(S)

until 02:00 PM local t ime 16 Dec 2020

X

A X B X C

D

EX

X G F 35 - 43

44 - 53 X H 54 - 58

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 58

(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 - 3

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

4 - 18 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

20 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 21 - 22 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 23 - 24 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 - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

25 - 33

PART II - CO NTRACT 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 Nov 2020

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W912DQ21R3005

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 UNDEFINED Job ECS MATOC - Base Period

FFP

The contractor shall perform Environmental Consulting Services in support of existing and future customers within the Northwestern Division (NWD) of the U.S. Army Corps of Engineers (USACE) Area of Responsibility (AOR) for the 5 Year Ordering Period.

FOB: Destination

MAX

NET AMT

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED Job OPTION ECS MATOC - Six Month Option

FFP

The contractor shall perform Environmental Consulting Services in support of existing and future customers within the Northwestern Division (NWD) of the U.S. Army Corps of Engineers (USACE) Area of Responsibility (AOR) for the Six Month Ordering Option Period. This option is governed by the clause 52.217- 8 Option to Extend Services.

MAX

NET AMT

CONTRACT PRICING

1. General Contract Information

This is an Indefinite Delivery/Indefinite Quantity (IDIQ), performance based Multiple Award Task Order Contract (MATOC) for Environmental Consulting Services (ECS) under NAICS code 541620. The ECS MATOC will support existing and future U.S. Army Corps of Engineers (USACE) customers primarily throughout the USACE Northwestern Division (NWD) area of responsibility or other locations where NWD work may be assigned. Task orders will be issued as the need arises during the ordering period. Task orders under this contract will be firm-fixed price.

The contract is required to be registered under NAICS code 541620 in the System for Award Management (SAM) located at sam.gov. For assistance with SAM registration, the contractor should refer to the Federal Service Desk located at fsd.gov

2. Total Amount of Contract

The maximum value for all orders issued against the MATOC shall not exceed $9.9 million. There is no limit of the number of Task Orders that may be issued against the MATOC.

3. Guaranteed Contract Amount

The minimum guarantee for the IDIQ is $2,500 is detailed in Paragraph 2.27 in Section C. The Government intends to award one sample/seed task order during the initial competition upon receipt of funding. If done at time of award it will fulfill the requirement for a guaranteed contract amount for that awardee.

4. Ordering Period

Contracts will have a basic ordering period of five years (see FAR clause 52.216-18- Ordering) or until the $9.9 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 ordering period of the Contract an additional six (6) months. The total length of the contract ordering period, including the exercise of the extension period, will not exceed five years and six months from date of contract award.

5. Pricing

5.1 Firm-fixed price (FFP) Task Orders.

The labor rates listed in Attachment 1 shall be the maximum allowable labor rates for each of the awarded firm fixed price task orders. The maximum labor rates apply to disciplines proposed by the prime contractor and any subcontractors. For the purposes of comparing a labor rate proposed on a task order to the maximum labor rate in Attachment 1, the Contracting Officer will add together all direct costs and applicable indirect costs.

FFP Task Orders will be for services performed at prices expressly provided for therein. In preparing proposals for firm fixed-price task orders, the contractor shall utilize the lesser of 1) the maximum labor rates from Attachment 1, or 2) labor rates that are based on the contractor’s current, accurate, and complete cost data at the time the proposal is being submitted, including the contractor’s forward pricing rates, if applicable. The labor rates provided are inclusive of all direct costs and applicable indirect costs (direct labor, fringe expenses, overhead, general and administrative expenses, etc.). The maximum labor rates shall not include an allowance for profit. If a discipline is not listed in the Hourly Labor Rates table and is required for a specific Task Order, that labor rate will be determined before award of that Task Order.

Rates shall be governed by the date of the Task Order requirement. Task Orders will use the prices for the labor rates that are effective on the date the Task Order is issued. Modifications to Task Orders will reflect the rates that are current at the time the modification will be effective. For example, if the labor rates change on 1 November of each year, and a Task Order is issued on 1 September 2022, the maximum rates will be the rates that were effective on 1 November 2021. Under the same assumptions, if a modification to this Task Order is required in December 2022, labor rates effective on 1 November 2022 will apply.

6. Department of Labor Wage Rates

For individual Task Orders written against the contract, the appropriate Department of Labor Wage Determination will be provided.

Section C - Descriptions and Specifications

STATEMENT OF WORK

STATEMENT OF WORK

ENVIRONMENTAL CONSULTING SERVICES

MULTIPLE AWARD TASK ORDER CONTRACT (MATOC)

13 November 2020

1.0 GENERAL INFORMATION

1.1 DESCRIPTION OF WORK

This Indefinite Delivery/Indefinite Quantity (IDIQ), performance-based Multiple Award Task Order Contract (MATOC) is for Environmental Consulting Services (ECS) and will support work assigned to the U.S. Army Corps of Engineers (USACE) throughout Northwestern Division (NWD) area of responsibility or other locations where NWD work may be assigned. This contract will support environmental consulting services needs for both military and civilian agencies of the Federal Government including environmental needs of the Defense Environmental Restoration Program (DERP) including both Army and Air Force Installation Restoration Program and the Formerly Used Defense Sites; the U.S. Environmental Protection Agency including the Superfund Program; environmental compliance, range work, natural resources management, conservation, and pollution prevention projects under the Department of Defense Environmental Quality Program; Brownfields; Formerly Utilized Sites Remedial Action Program (FUSRAP); the Base Realignment and Closure (BRAC) Program; the Corps of Engineers Civil Works projects; DoD sustainment, restoration, and modernization (SRM) projects; and work for other federal agencies.

The maximum value for all orders issued against the pool of MATOC awards shall not exceed $9.9 million. There is no limit on the number of Task Orders that may be issued against any MATOC award.

1.2 SCOPE - CONSULTING AND COMPLIANCE SERVICES

The purpose of this action is to provide the necessary professional and technical support services to ensure that required mission objectives are completed timely. Services may include, but are not limited to, environmental consulting and compliance services. 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. Some examples of potential types of work to be completed, but is not limited to the following:

1.2.1 Environmental Restoration Support

• Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)/ Superfund

Amendments and Reauthorization Act (SARA) compliance (does not include remedial investigation/feasibility study, remedial design, remedial action or remedial action operations);

• Resource Conservation and Recovery Act (RCRA) compliance, including temporary storage facility (TSF) management (does not include corrective measures study or corrective measures implementation.) Preparation of signs for notification of environmental hazards;

• Support at public meetings;

• CERCLA Five-Year Reviews/Periodic Reviews

• Expert Testimony and litigation technical support;

• Studies on emerging contaminants

1.2.2 Environmental Compliance

• Asbestos, lead-based paint, and mold testing and support

• Clean Air Act (CAA) compliance;

• Air emissions management, including air quality surveys and analysis, air emissions inventories, ambient air monitoring system operation, and permit applications;

• Technical advice to permitted emissions sources, facilities, and Air Program Managers; and

• Modification of existing source permits or new emission source permit applications

• Clean Water Act (CWA) compliance;

• National Pollution Discharge Elimination System (NPDES) and State Pollution Discharge Elimination System

(SPDES) permit applications and monitoring;

• Storm Water management, including Storm Water Pollution Prevention Plans (SWPPP) MS4 Permits and

Reporting; and

• Water quality evaluations and management.

• Environmental Compliance Assessment System (ECAS) or Environmental Performance Audit System (EPAS) audits;

• Environmental Management System (EMS) support;

• Environmental Condition of Property (ECOP) assessments;

• Environmental compliance training;

• Environmental compliance monitoring and reporting;

• Training and documentation required by Federal, state, and local laws and regulations;

• Participation in community education, public involvement, stakeholder outreach, and/or public affairs activities, including collaborative public participation and engagement, communication strategies, conflict management, decision-making techniques for intergovernmental and stakeholder processes, and facilitation of meetings and training; and

• Environmental conference participation and presentations.

1.2.3 Environmental Planning

• National Environmental Policy Act (NEPA) compliance;

• Preparation of impact analyses, environmental assessments, environmental impact statements, and various agency specific planning documents to include reconnaissance reports, feasibility studies, post authorization change reports, assessment of mitigation requirements, and plans for compensatory mitigation projects;

• Mitigation planning;

• Reconnaissance and feasibility studies under NEPA;

• Environmental Baseline Surveys (EBS);

• Description of Proposed Action and Alternatives (DOPPA).

1.2.4 Natural Resource and Wildlife Management

• Endangered Species Act (ESA) compliance, including Endangered Species Management Plans (ESMP);

• Endangered Species Surveys; including bat, bird, fish, and rare plants;

• Corridor Surveys;

• Wetlands management under Sections 401 and 404 of the Clean Water Act;

• Wetland preservation and delineation

• Natural resource conservation support

• Geomorphology studies

• Preparation of signs/displays for natural resource management/protection;

• Marine Mammal Protection Act (MMPA) compliance;

• Migratory Bird Act (MBA) compliance;

• Coastal Zone Management Act (CZMA) compliance;

• Natural resources inventories and surveys including Biological Assessments (BAs);

• Wetland Delineation;

• Wetland planning and development;

• Stream Assessment;

• Stream Morphology Creation and Enhancement;

• Watershed management including geomorphology and geohydrology;

• Coastal and marine estuary management;

• Biological and physical oceanography surveys and studies;

• Sampling of various water column organisms, Bioassay testing/data interpretation;

• Bioaccumulation testing and data interpretation;

• Toxicological evaluation including ecological risk assessment;

• Habitat management and restoration;

• Integrated Natural Resource Management Plan (INRMP) compliance; and

• Wildland fire support and related tasks (Wildland fire refers to both wildfire and prescribed fire).

1.2.5 Cultural and Historic Resources Management

• Archeological survey;

• Geophysical archeological investigations, remote sensing, GIS, and GPS;

• Historic data recovery plans and mitigation for archeological sites;

• National Historic Preservation Act (NHPA) compliance, including Section 106 assessments and studies such as historic building surveys and historic building guides, impact analyses and Determinations of Eligibility or Effect;

• Evaluation of historic buildings and structures for listing in the National Register of Historic Places (survey and inventory);

• Preparation of Historic American Buildings Survey and the Historic American Engineering Record (HABS/HAER) documentations;

• National Register nominations and historic context statements;

• Anthropological and archeological related studies, surveys, investigations plans, site assessments, and restorations;

• Preparation of displays/signs for cultural resources awareness/protection;

• Integrated Cultural Resources Management Plans;

• Native American Graves Protection and Repatriation Act (NAGPRA) compliance;

• Native American consultation;

• Cultural resource training; and

• Coordination with the State Historic Preservation Office and Advisory Council Historic Preservation

1.2.6 Pollution Prevention

• Hazardous Materials Conservation Act (HMCA) compliance;

• Toxic Substances Control Act (TSCA) compliance:

• Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) compliance, including pesticide management;

• Safe Drinking Water Act (SDWA) compliance, including consumer confidence reports;

• Oil Pollution Act (OPA) compliance, including facility response plans and Spill Prevention, Control and

Countermeasure (SPCC) plans;

• Emergency Planning and Community Right-to-Know Act (EPCRA) compliance, including Tier I / Tier II reporting;

• Natural Resource Damage Assessment (NRDA) compliance;

• Hazardous materials and waste management, including plans, reporting, and control measures such as hazardous materials pharmacy management;

• Petroleum, oil and lubricant (POL) management;

• Special pollutants (e.g. polychlorinated biphenyls (PCB), asbestos, lead-based paint, radon gas, etc.)

management, including sampling and reporting;

• Noise pollution management;

• Dredge material and sediment quality management, including sediment and biota data collection and evaluation, sediment vertical profile imagery analysis, and sediment dredgability ability analyses;

• Planning of dredging projects, including analysis of dredge material containment and disposal options

• Pollution Prevention Opportunity Assessments;

• Recycling support; and

• Pollution Preventions Plans;

1.2.7 Range Management

Note: does not include any Military Munitions Response Program (MMRP) work

• Sustainable Range Program (SRP) compliance;

• Operational Range Sustainment Program support to include advising owners on anomaly avoidance, training and UXO familiarization, UXO safety briefings, range maintenance, and management;

• Integrated Training Area Management (ITAM) surveys, reports and habitat restoration; and

• Wildfire (brush-fire) management plans for ranges.

• Evaluation and development of stormwater Best Management Practices (BMPs) and erosion

1.2.8 Environmental Data Management

• Geographic Information System/Computer Aided Design and Drafting (GIS/CADD)/cartography with a variety of data layers, including but not limited to, soils, topography, cultural resources, vegetative communities, location of threatened and endangered species, aquatic habitat types and floodplain delineation; etc.;

• Data analysis/interpretation;

• Scanning of documents, maps, and other environmental files for records processing or administrative record maintenance;

• Environmental electronic data management, including recordkeeping;

• Multimedia (air, water, soil) sampling, testing (field and/or laboratory) or other chemical or geological/hydrogeological/geotechnical analysis (either on- or off-site) for a wide variety of organic and inorganic parameters including air, water and soil quality analysis;

• Reviewing work products for technical adequacy

• Area/site or condition characterization and evaluation;

• Formerly Used Defense Sites (FUDS) records management tasks;

• U.S. Air Force Environmental Restoration Program Information Management System (ERPIMS) data management; and

2.0 TECHNICAL REQUIREMENTS FOR ORDERS

2.1 PROJECT WORK PLAN

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

• Statement of the work to be accomplished

• Description of available data/information and problem characterization;

• 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 any 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;

• Logs, reports, and record keeping being utilized; and

• Daily Quality Control Reports.

• Specific Safety Plans as appropriate (e.g. Accident Prevention Plans)

For Task Orders involving collection of data related to delineation/characterization of subsurface contaminants, the Contract shall follow the guidance in Section J, “Geology/Hydrogeology/Geology Requirements - 8(a) Small Business Environmental Consulting Services (ECS), Multiple Award Task Order Contract (MATOC)”.

For Task Orders involving sampling and analysis, the Contractor shall follow the guidance in Section J, “Chemistry Supplement to the Scope of Services – 8(a) Small Business Environmental Consulting Services (ECS), Multiple Award Task Order Contract (MATOC)”.

For Task Orders involving health and safety, the Contractor shall follow the guidance in Section J, “Health and Safety Supplement to the Scope of Services - – 8(a) Small Business Environmental Consulting Services (ECS), Multiple Award Task Order Contract (MATOC”.

2.2 PROJECT SCHEDULE

The Contractor shall prepare a project schedule for each individual task order. The schedule will be approved by the USACE KO, COR, or PM. The status of activities in the schedule will be updated to reflect the actual status. The schedule status will be included with 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 PM/COR.

2.3 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 control shall be adequate to cover all required work products and operations, including both on- and off-site activities. Project activities will be permitted to begin only after acceptance of the QC Plan or acceptance of an interim plan applicable to the particular feature of work to be started. The QC Plan may be part of the Project Work Plan. The Contractor is responsible for quality control and shall establish and maintain an effective quality control system. The quality control system shall consist of plans, procedures, and organization necessary to produce an end product that complies with governing regulations and contract task order requirements. The Contractor’s quality control program shall include inspections and tests as described in task orders. The Contractor shall maintain current records providing factual evidence that required quality control activities and/or tests have been performed. These records shall include the work of subcontractors and suppliers. The Contractor shall notify the Contracting Officer 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 the corrective effect on the nonconformance. Additional details regarding CQC and QC Plan requirements will be provided in future task orders.

2.4 SURVEYS, INVESTIGATIONS 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. The investigative services to be provided generally consist of, but are not limited to, performing investigations to determine the conditions, characteristics and effects surrounding a given problem or issue as presented in the order’s Performance Work Statement (PWS). Any potential data collection requirements shall be established indicated in the task orders and be usable for evaluation and analysis. The Contractor shall prepare associated reports as discussed in the individual task order.

2.5 ENGINEERING AND SCIENTIFIC TECHNICAL SUPPORT

The Contractor may be required to provide a wide variety of engineering and scientific technical services to support regulatory compliance actions. The extent of these services will be described in detail in each individual task order and may include but are not limited to general engineering analysis, environmental engineering, biology, chemistry, physics, geology, geomorphology, history, historic architecture, anthropology, archeology, soil science, forestry, oceanography, and cartography. It does not include any engineering design, which would require a professional engineering stamp and signature. The Contractor shall perform all necessary planning, fieldwork, and prepare all engineering and scientific documents identified in the task order. These documents shall be representative of industry or Government standards for reports, graphic information, maps, (CADD) generated drawings produced in accordance with most recent industry standard and performance specifications. All required documents produced by the Contractor shall be submitted to the USACE Project Manager for approval.

2.6 COMPLIANCE WITH FEDERAL, STATE, LOCAL AND USACE REGULATIONS.

USACE has a varied customer base with unique environmental approaches and requirements. Most USACE environmental work falls under USEPA environmental regulations or one of the other resource regulatory agencies such as the National Marine Fisheries Service (NMFS), or other state-level program. As such, each project’s lead regulatory agency will be identified in the performance work statement, and any unique requirements accommodated. In general, all programs mandate the preparation of planning documents to assure the fieldwork and chemical data quality are supportive of the intended use of the data and final decisions being made.

2.7 SUBMITTALS

2.7.1 Meeting Notes

The Contractor shall be responsible for taking notes and preparing the reports of all meetings for the orders.

Meeting notes shall be prepared in typed form and the original furnished to the Government (within seven workdays after date of conference) for concurrence and distribution to all attendees. This report shall include the following items as a minimum:

• The date and place the meeting was held with a list of attendees;

• The list of attendees shall include name, organization, and telephone number;

• Comments made during the meeting and decisions affecting criteria changes shall be recorded in the basic meeting notes; and

• Meeting notes should document any augmentation of written comments.

2.7.2 Annotated Comments

Written comments presented by the reviewers of the project work plans, project reports, conferences, and other similar reports shall be attached to each final submittal with the action noted. In addition, brief written responses to comments shall be added where appropriate.

2.7.3 Technical and Regulatory Reports

Technical and regulatory reports shall be prepared and submitted by the Contractor to the CO for each project. 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 statement of work will further specify the submittals for each project. The submittal requirements may vary with the project or site. The Contractor shall provide compact Disc Read-only Memory (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 quality assurance shall be included in addition to Word and Excel files. All final documents shall be provided as a bookmarked portable document format (PDF) file.

2.7.4 Partial Submittals

Partial submittals will not be accepted without prior approval from the USACE PM or COR as appropriate for the submittal involved.

2.7.5 Revisions and Addenda

Prior to Government approval, review comments shall be incorporated by revising and reissuing affected pages. If major revisions are necessary, the entire document shall be resubmitted. Addenda sheets may be used to make minor changes affecting only a few pages. The affected pages shall have the revision number and date of correction on the bottom right corner of the page. Any changes to the work plan shall be submitted under a cover sheet with a list of pages that have been revised. The revised pages the Contractor issues shall cover any additions or changes to the plans or reports. The addendum for the project plan shall be issued prior to the commencement of work for that phase.

2.7.6 Review of Progress and Technical Adequacy

At any appropriate time, representatives of the KO may review the progress and technical adequacy of the Contractor’s work. Such review shall not relieve the Contractor from performing all contract requirements, except as may be waived by written instructions.

2.7.7 Distribution

The Contractor is responsible for reproduction and distribution of all documents according to the Document Submittal Register. Documents shall be mailed via regular mail, a carrier service that will provide overnight service (if necessary), or they will be faxed/email, as specified in the task order. The Contractor shall provide a CD ROM for all documents included in the submittal register. All work products are considered to be products of the Government and distribution will be in accordance with the Request for Services.

2.8 REVIEWS

All deliverables will be reviewed by various levels of the USACE, customers, local, State and Federal regulatory agencies, and other project stakeholders, as appropriate. The Contractor shall respond in writing to all comments on deliverables.

2.9 PROGRAM MANAGER

2.9.1 Program Manager

The Contractor shall provide a Program Manager who shall be responsible for the performance of all work completed under this Indefinite-Delivery Indefinite-Quality Award and its orders. 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 to meet by phone or in person with government personnel (designated by the CO) 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 for additional details.

2.9.2 Project Manager

For each task order, the contractor shall designate a Project Manager (PM). The Program Manager may act as the Project Manager, with approval of USACE. Also see section 4.2 for additional details.

2.10 CONTRACTOR EMPLOYEES AND WORK ACTIVITIES

The Contractor shall be cognizant of all appropriate laws, regulations, and guidance. The Contractor shall be responsible for acquiring the latest version of all applicable regulatory or agency guidance, including but not limited to, the referenced documents cited within this document. The Contractor shall ensure that all work activities performed by his personnel, subcontractors and suppliers are executed as required by these laws and regulations.

Any incident of noncompliance noted by the Contractor shall immediately be brought to the attention of the Contracting Officer (KO) and/or the Contracting Officer's Representative (COR) by written notice. Nothing in this contract shall relieve the Contractor of the responsibility to comply with these laws and regulations. Any conflicts between laws/regulations and contract/task order requirements shall be brought to the attention of the KO and/or

COR.

2.11 PERMITS

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 including, but not necessarily limited to, environmental permits, building permits, discharge, and Rights of entry on and off Government property may be required. The Government will reimburse the Contractor for all appropriate costs related to permits and licenses.

2.12 DATA OWNERSHIP AND DATA RIGHTS

All reports and data whatsoever, including all electronic data and software, generated under this contract will become property of the Government, in accordance with (IAW) the Defense Federal Acquisition Regulation Supplement (DFARS). The Contractor shall turnover all electronic files to the Government for every project or task order. When submitting proposals, offerors shall identify per DFARS 252.227-7017 to the extent known, all technical data or software that will be delivered with restrictions on its use, release, or disclosure.

2.13 SAFETY AND HEALTH REGULATORY REQUIREMENTS

As applicable, all Five-Year Reviews/Periodic Reviews, site investigation, field activities, monitoring, operations and maintenance activities and health and safety documents required by this scope of work and the order performance work statements shall comply with pertinent sections of the following safety and health regulations and reflect the following guidance publications:

• Federal Acquisition Regulation, FAR Clause 52.236-13: Accident Prevention.

• U.S. Army Corps of Engineers (USACE), Safety and Health Requirements Manual, EM 385-1-1

(current version dated 30 November 2014).

• Occupational Safety and Health Administration (OSHA) Construction Industry Standards, 29 CFR 1926, especially 29 CFR 1926.65, and General Industry Standards, 29 CFR 1910;

especially 29 CFR 1910.120 - "Hazardous Waste Site Operations and Emergency Response". 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, installation and local safety and health requirements.

2.14 ENVIRONMENTAL PROTECTION REGULATORY REQUIREMENTS

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 allowance 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. Each work plan should identify any wetlands, endangered species, special habitat or other protected areas such as cultural resource sites that must be protected during execution of the task order. Task Orders may include specific environmental protection requirements.

All Five-Year Reviews/Periodic Reviews, site investigation, field activities, monitoring, operations and maintenance activities, permits, and other environmental documents required by this scope of work shall comply with pertinent sections of the following regulations and reflect the following guidance publications:

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

• Department of Transportation Regulations, 49 CFR Subchapters A, B, and C

• U.S. Environmental Protection Agency (USEPA) Regulations, 40 CFR Subchapter I – Solid Wastes.

• Department of Homeland Security, 6 CFR Part 27.

• USEPA Regulations, 40 CFR Subchapter J – Superfund, Emergency Planning, and Community Right-

To- Know Programs

• USEPA 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.

• OLEM--9200.0-89

• OSWER—9355.7-03B-P

• Other applicable Federal, State, installation and local environmental requirements

2.15 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’s

PM.

2.16 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.

When work is performed at a military installation the Contractor shall comply with all security requirements of that installation. Delays in gaining access to a facility shall not be a valid basis for delay charges.

2.17 SECURITY

When work is performed at a military installation, the Contractor shall comply with all security requirements of that installation. IAW USACE ER 380-1-18 (http://www.usace.army.mil/inet/usace-docs/eng-regs/er.htm), Section 4, foreign nationals who work on USACE contracts or task orders shall be approved by the HQUSACE Foreign Disclosure Officer or higher before beginning work on the contract/task order. This regulation includes subcontractor employees. The contractor shall submit to the KO the names of all foreign nationals proposed for performance under this contract/task order, along with documentation to verify that he/she was legally admitted into the United States and has authority to work in the U.S.

2.18 ANTI-TEORRISM/OPERATIONL SECURITY (OPSEC)

Antiterrorism/Operational Security (OPSEC) will be indicated in the PWS for the order. Because terrorists may employ surveillance techniques to target and/or disrupt USACE missions at Army facilities, operational security requirements must be followed for supply, services, and construction work undertaken in connection with Army operations and facilities. These requirements apply only to work being completed under this contract on Army installations (see DFARS Clause 252.204-7004). They do not apply to work being completed under a USACE contract for Non-Army installations or agencies (example: EPA, Veterans Administration). Activities that may be targeted or disrupted include, but may not be limited to, transportation and/or storage of hazardous waste materials, operation and maintenance of waste treatment facilities, activities dealing with ammunition and explosives remediation, activities dealing with radiological waste. Contractors shall ensure their employees and subcontractors comply with the operational security requirements included in Task Orders. Task Orders issued will include AT/OPSEC provisions required, including, but not limited to, Operational Security training, Prescreening employees, and preparation of a Document Control Plan.

2.19 CONTRACTOR MANPOWER REPORTING REQUIREMENTS

The Contractor shall submit work completion reports to the Contracting Officer’s Representative annually or as requested. They shall contain accurate accounts of work completed during designated periods. The office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor will report all contractor manpower (including subcontractor manpower) required for performance of this contract. The contractor is required to completely fill in all the information in the format using the following web address https://sam.gov.

The required information includes: (1) Contracting Office, Contracting Officer, Contracting Officer’s Technical Representative; (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor name, address, phone number, e-mail address, identity of contractor employee entering data; (5) Estimated direct labor hours (including subcontractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by contractor (and separate predominant FSC for each sub-contractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) of the Army Requiring Activity (the Army Requiring Activity is responsible for providing the contractor with its UIC for the purposes of reporting this information); (11) Locations where the contractor and subcontractors perform the work (specified by zip code in the United States and nearest city, county, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language; and (13) Number of contractor and subcontractor employees deployed in theater this reporting period (by country).

2.20 PAYMENT

The contractor shall prepare and submit partial pay estimates to the USACE-NWK PM and COR. The partial payment estimates will be prepared using ENG Form 93, which will serve as the request for payment. All partial payments 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 http://www.usace.army.mil/inet/usace-docs/eng-regs/er.htm) https://sam.gov/ http://www.publications.usace.army.mil/Portals/76/Publications/EngineerForms/Eng_Form_93_2014Mar.pdf

2.21 REQUIRED INSURANCE SCHEDULE:

In accordance with the Contract Clause 52.228-5, 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 Liability Minimum limits of $200,000.00 per person and $500,000.00 per occurrence for body injury, and $20,000 per occurrence for property damage.

Proof of insurance must be furnished to the Contracting Officer and Contracting Officer’s Representative prior to work on the order. Failure to provide such required insurance may result in the termination for default.

2.22 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 contracting officer acting within the limits of their authority as delegated by the contracting officer.

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.

2.23 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

A COR is a federal employee delegated limited authority by a Contracting Officer 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 Contracting Officer (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.

Contract interpretation and associated guidance and direction from the Government shall not be official unless specifically provided by the COR or the KO. The COR will seek timely progress of the work and its satisfactory completion.

2.24 GOVERNMENT SUPPORT

Any Government support shall be identified in individual task orders.

2.25 GOVERNMENT PROJECT MANAGER.

In addition to the COR, a Government Project Manager 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 Project Manager will supply relevant Government furnished data and will coordinate District review comments on deliverables.

2.26 Guaranteed Contract Amount

As indicated in FAR 52.216-9(a), the minimum order and guarantee is $2,500. The first order shall obligate funding for the minimum order amount to be issued against this IDIQ contract, if an actual project is unavailable. Once an order(s) is issued exceeding the $2,500.00 minimum order, the government will issue a no-cost cancellation on that first order with no liability to either party.

3.0 TASK ORDER ORDERING & AWARD

3.1 REQUEST FOR PROPOSAL (RFP)

The government shall issue orders that are firm-fixed price against this Contract. When a requirement occurs, the Government shall provide fair opportunity by forwarding a request for proposal letter to the Contract with information stating the method of selection and any relevant evaluation criteria for award. The only exceptions to fair opportunity would be situations such as those listed under FAR 16.505(b)(2). Information shall be provided with the RFP such as submission due date and proposal instructions for submission to the Government.

The following documents shall be forwarded with the RFP to the Contractor via email:

3.1.1 Performance Work Statement (PWS) [including tasks to be performed, anticipated period of performance, place of performance, deliverables and due dates] or a Statement of Objectives (SOO)

3.1.2 Performance Requirements Summary (PRS) (if a PWS is provided)

3.1.3 Service Contract Wage Rates, if applicable.

3.1.4 Any pertinent attachments or instructions, if applicable.

3.2 PROPOSAL SUBMISSION

3.3.1 The contractor shall identify the with their proposal submission the proposed PM with their qualifications, experience, and performance history. The KO and COR shall evaluate the proposed individual and confirm whether the recommended individual is acceptable.

3.3.2 Pricing for labor shall not exceed the maximum rates in Attachment 1 (Section J) (Binding Capped Labor Rate Schedule) of the contract for the appropriate labor category. The maximum labor rates apply to disciplines proposed by the prime contractor and any potential subcontractors. The rates proposed on an order shall be based on the year in which the government indicates the anticipated period of performance to begin. That year’s rate shall be utilized for the entire period of performance for the order, including any potential modifications. For example, if the labor rates change on 1 November of each year, and an anticipated period of performance start date is 1 September 2022, the maximum rates will be the rates that were effective on 1 November 2021.

3.3.3 Travel and Meetings. The Contractor shall include in their proposal costs associated with all travel and meetings attendance necessary for the order. The government shall utilize the Joint Travel Regulation Per Diem (lodging and M&IE expenses) when evaluating fair and reasonable pricing. Any pricing outside of these rates should specifically addressed and explained.

3.3.4 The contractor shall include in their proposal information on their proposed profit rate and any items excluded from profit (e.g. Travel).

3.4 AWARD

Depending on the outcomes of the government’s evaluation, the KO may determine whether to accept, reject, or negotiate the subject proposals. If a proposal is accepted by the Government, an Order will be issued to the Contractor incorporating the agreement and obligating the funds. Work shall be initiated ONLY by issuance of a fully executed Order issued by the Contracting Officer. The Government is only liable under the terms and conditions of this contract to the extent that a fully executed Order has been issued and covers the required work. Charges for any work not authorized shall not be allowed.

4.0 PROJECT PERSONNEL

Exclusive of the program management functions, the Contractor may utilize subcontractors, or consultants identified in the awarded proposal or subsequently approved by the KO to perform any of the functions required within the specific task order. The Project Managers shall be employed by the awardee or teaming relationships.

The requirements for on-site and off-site personnel will differ for each Task Order and shall be specifically identified in the PWS for the Task Order.