Draft RFP - 8a Rapid Response SATOC - RFP W9128F22R0023.pdf

PDF 1 MB Posted May 25, 2022

Attached to: Draft RFP W9128F22R0023 - $35M SATOC - 8a Set-Aside Federal contract opportunity
Solicitation number: Not on record
Issued by: Department of the Army Corps of Engineers Engineering District Omaha

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CODE

(Hour)

PAGE(S)

until local t ime

A X B X C

X G F 83 - 93

94 - 115 X H 116 - 123

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)

1 123

(If other than Item 7)

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

AND

ADDRESS SIGN OFFER (Type or print)

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.

W9128F 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 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 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 - 12

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

13 - 45 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

47 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 48 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 49 - 50 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) 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

51 - 80

PART II - CO NTRACT CLAUSES

U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST

CONTRACTING OFFICE

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

81 - 82

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

31 Jan 2022

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W9128F22R0023

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 35,000,000 Job Base Period - Rapid Response ERS/wMMRP

FFP

Base Period - Emergency/Immediate/Rapid Response under NAICS Code 562910, in support of the US Army Corps of Engineers, Omaha District (USACE) and its customers in the Contiguous United States (CONUS) including Alaska, Hawaii, the South Atlantic Division (SAD) Area of Responsibility (AOR), and the Pacific Ocean Division (POD) AOR. The contract awarded will include both cost reimbursement and firm fixed price task orders for environmental remediation services and response actions as identified in Section C. Total SATOC capacity is $35M.

FOB: Destination

PSC CD: F999

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED Job Base Period - Rapid Response ERS/wMMRP

CPFF

MAX COST

FIXED FEE

TOTAL MAX COST + FEE

UNIT UNIT PRICE MAX AMOUNT

0003 UNDEFINED Job Option Period - Rapid Response ERS/wMMRP

FFP

Option Period - Emergency/Immediate/Rapid Response under NAICS Code 562910, in support of the US Army Corps of Engineers, Omaha District (USACE) and its customers in the Contiguous United States (CONUS) including Alaska, Hawaii, the South Atlantic Division (SAD) Area of Responsibility (AOR), and the Pacific Ocean Division (POD) AOR. The contract awarded will include both cost reimbursement and firm fixed price task orders for environmental remediation services and response actions as identified in Section C. Total SATOC capacity is $35M.

UNIT UNIT PRICE MAX AMOUNT

0004 UNDEFINED Job Option Period - Rapid Response ERS/wMMRP

CPFF

MAX COST

FIXED FEE

TOTAL MAX COST + FEE

UNIT UNIT PRICE MAX AMOUNT

0005 UNDEFINED

6 Month Option Period

FFP

CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE

The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0001 2,500.00 $2,500.00 35,000,000.00 $35,000,000.00 0002 2,500.00 $2,500.00 35,000,000.00 $35,000,000.00 0003 2,500.00 $2,500.00 35,000,000.00 $35,000,000.00 0004 2,500.00 $2,500.00 35,000,000.00 $35,000,000.00 0005 2,500.00 $2,500.00 35,000,000.00 $35,000,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0001 2500.00

$2,500.00

35,000,000.00

$35,000,000.00

0002 2500.00

0003 2500.00

0004 2500.00

0005 2500.00

SECTION B

Section B – Supplies or Services and Prices

1. Contract Definition

The contract awarded under this solicitation will be an Indefinite Delivery/Indefinite Quantity contract for Rapid Response under NAICS Code 562910, in support of the US Army Corps of Engineers, Omaha District (USACE) and its customers in the Continental United States (CONUS) including Alaska and Hawaii, and outlying areas within the South Atlantic Division (SAD) Area of Responsibility (AOR). The contract awarded will include both cost reimbursement and firm fixed price task orders, for response actions and remediation of various hazardous waste sites as identified in Section C.

2. Total Amount of Contract

The total amount of contract capacity under this solicitation shall not exceed $35 Million. There is no limit of the number of task orders that may be executed against this contract. The cumulative amount of the task orders shall not exceed $35M.

3. Minimum Guarantee

The contract awarded under this solicitation shall have a minimum guarantee amount of $2,500.00 which will be obligated at contract award.

4. Ordering Period

This SATOC will have a base ordering period of three (3) years with a four (4) year optional ordering period, or until the $35M contract capacity is expended, whichever occurs first. The Federal Acquisition Regulations (FAR) Clause 52.217-8, “Option to Extend Service” will be incorporated into the contract and may be exercised at the discretion of the Government.

5. Firm Fixed Pricing Task Orders

5.1 Binding Maximum Hourly Labor Rates

The Offeror shall provide Binding Maximum Hourly Labor Rates for the labor disciplines listed in paragraph 5.1, Table 1, “Binding Maximum Hourly Labor Rate Schedule.”

5.1.2 The rates proposed in the Binding Maximum Labor Rate Schedule are binding upon contract award for the life of the SATOC, to include all option periods and extensions. These rates are applicable to both task orders and modifications.

5.1.3 Labor rates used in task order proposals shall not exceed the maximum hourly labor rates proposed by the

Offeror for those disciplines in Table 1.

5.1.4 The Binding Maximum Hourly Labor rates for all years shall be fully-burdened labor rates, including all applied direct and indirect costs, for example, direct labor costs, payroll taxes, insurance, benefits, applied OH, applied G&A, and any applied indirect costs, but shall not include profit, with this exception: Year 1 also requires the Offeror to provide both burdened and unburdened rates. The unburdened rates shall exclude profit and direct and indirect costs, for example, direct labor costs, payroll taxes, insurance, benefits, applied OH, applied G&A, and any applied indirect costs.

5.1.5 If a discipline is not listed in the contract rate pricing schedule and is required for the contractor to perform a specific task order, the contractor may propose the required labor category and provide the direct and indirect costs which formulate the fully burdened labor rate (exclusive of profit) in the proposal submitted in response to the issued Request for Task Order Proposal (RTOP). The Government will review the proposed fully burdened labor rate in order to determine whether the rate is considered fair and reasonable and may negotiate the proposed rate if it is not considered fair and reasonable.

5.1.6 If during the Contract Period of Performance, any of the Offeror’s Government approved personnel (prime or subcontracted) are no longer available, the Offeror shall replace these individuals with personnel whom, at a minimum, have the same qualifications as the personnel being replaced. The Offeror shall be responsible for negotiating labor rates for those personnel that do not exceed the rates provided in Table 1, which are the maximum rates the Government will pay for any personnel. The Contractor shall submit the replacement personnel’s qualifications to the Contracting Officer for approval.

5.1.7 The applicable maximum labor rates shall be governed by the effective date of the Task Order. Task Orders will use the prices for the 12-month period effective on the date the Task Order is issued. Modifications to Task Orders will reflect the rates of the “current 12-month” binding maximum labor rate schedule. For example, if the rate schedule changes over on 1 November of each year, and a Task Order is issue on 1 September 2023 for 12 months work, the maximum rates will be the rates that were effective on 1 November 2022. Under the same assumptions, if a modification to the Task Order is required in December 2022, the labor rates effective on 1 November 2022 will apply.

5.1.8 The Offeror has the responsibility to provide labor rates that comply with all potential Service Contract Act wage determinations and/or Davis Bacon wage decisions for each labor discipline subject to those wage determinations/wage decisions. If, during the performance of the contract, the Service Contract Act and/or Davis Bacon wage determination exceed the maximum proposed wage on the base contract, the wage determination takes precedence and will be determined fair and reasonable at the task order level. The Government will provide the applicable wage determination(s) for the specific geographic location of the task orders in the RTOP.

5.1.9 Provide one (1) rate per labor discipline, regardless of whether the individuals employed for that discipline are directly employed or subcontracted.

5.1.10 The proposal shall include the formula/calculation used to establish the burdened labor rates included in

Table 1 as Other than Certified Cost or Price Data.

5.1.11 The Offeror shall include unburdened labor rates for Year 1 proposed in Section B, Table 1 submission.

These rates are discussed in Paragraph 5.3.1 of Section L of the solicitation. The submitted unburdened rate shall be used in the formula provided by the Offeror to establish the maximum burdened hourly labor rate. The unburdened labor rate may be used for cost analysis purposes. The unburdened rate is not a binding rate for FFP action. The unburdened rates will not be included in Table 1 of any awarded contract.

TABLE 1 - MAXIMUM BINDING HOURLY LABOR RATE SCHEDULE

Labor Discipline

U nb ur de ne d

La bo r R at e (B as e

Pe rio d

Y ea r 1

B ur de ne d La bo r R at e

(B as e Pe rio d

Y ea r 1

B ur de ne d La bo r R at e

(B as e Pe rio d

Y ea r 2

B ur de ne d La bo r R at e

(B as e Pe rio d

Y ea r 3

B ur de ne d La bo r R at e

(O pt io n

Pe rio d

Y ea r 1

B ur de ne d La bo r R at e

(O pt io n

Pe rio d

Y ea r 2

B ur de ne d La bo r R at e

(O pt io n

Pe rio d

Y ea r 3

B ur de ne d La bo r R at e

(O pt io n

Pe rio d

Y ea r 4

B ur de ne d La bo r R at e

M on th E xt en si on

0001 - Operations/ Program Manager

0002 – Response/ Project Manager

0003 - Senior Engineer

0004 - Mid-Level

0005 - Junior

0006 - Senior Scientist

0007 - Mid-Level

0008 - Junior

0009 - Site Safety and Health Officer

0010 – Contractor Regulatory Specialist/T&D Coordinator

0011 – Contractor Quality Control Supervisor

0012 - Site Superintendent / Site Manager

0013 - Health Physicist

0014 - Geophysicist

0015 - Certified Industrial Hygienist

0016 - Program Chemist

0017 - Project Chemist

0018 - Hazardous Waste Specialist

0019 - Senior Engineering Technician

0020 - Mid-Level

0021 – Jr.

0022 - GIS

Specialist

0023 - CADD

Operator

0024 - Clerical

0025 – Cost Tracker

0026 - Data Processor

0027 - Specification Writer

0028 - Community Relations

0029 - Senior Contracts Manager

0030 - Procurement

0031 - Database Administrator

0032 - Senior UXO Supervisor

0033 - UXO QC

0034 - UXO

Safety Officer

5.2 Firm-Fixed Price Escalation Rate and Maximum Profit Rate

5.2.1 Escalation Rate. The escalation rate applied to the labor rate annually shall be provided by the Offeror in Table 2. The proposal should contain a narrative on the basis of the proposed escalation.

Table 2: ESCALATION RATE

5.2.2 Maximum Binding Profit Rate.

Profit will be negotiated at the task order level for each Firm-Fixed Price task order but shall not exceed the maximum binding profit rate provided by the Offeror in Table 3, “Maximum Binding Profit Rate.” The maximum binding profit rate shall be binding for the life of the contract, to include all option periods and extensions, and shall be the maximum profit the Contractor will be allowed to propose for all firm-fixed-price task orders and modifications issued under this contract.

The Contractor shall provide its proposed profit for each task order based upon calculations derived from use of the DD Form 1547 as found in DFAR 215.404-70 based on the tasks identified in the RTOP and the risk associated with the project.

The maximum binding profit rate on this contract shall be provided by the Offeror in Table 3:

Table 3: MAXIMUM BINDING PROFIT RATE

6. Cost Reimbursable Task Orders

The contractor shall have the ability to support cost reimbursement task orders (for example, an adequate cost accounting system for determining costs applicable to the contract order and an acceptable purchasing system). The Government reserves the right to request a Defense Contract Audit Agency (DCAA) audit prior to or after contract award. Additionally, each cost reimbursable task order issued will be subject to DCAA Audit.

The contractor shall be reimbursed for all allocable, allowable and reasonable costs in accordance with FAR Part 31 up to the "estimated" cost for work specified in the task order scope of work. The Government will not reimburse the contractor for preparation and negotiation of task orders.

6.1. Accounting System

The contractor’s accounting system shall be in compliance with Cost Accounting Standards (CAS) [large business firms only] and Generally Accepted Accounting Principles (GAAP). The indirect cost rate(s) applied under this contract shall be compliant with FAR Part 31.

6.2. Fixed Fee

Fixed Fee will be negotiated on each cost reimbursement task order. In no case can the fixed fee exceed the statutory limit of 10% for cost reimbursement task orders, in accordance with Federal Acquisition Regulations 15.404-4.

6.2.1 The Maximum Binding Fixed Fee shall be provided by the Offeror in Table 4, Maximum Binding Fixed Fee, and is binding upon contract award for the life of the SATOC, to include all option periods and extensions. These rates are applicable to both task orders and modifications.

Table 4: MAXIMUM BINDING FIXED FEE RATE

7. Maximum Rates for Firm Fixed and Cost Reimbursable Task Orders

The Maximum Binding Indirect Rate(s) listed in Table 5 represent the firm’s maximum binding indirect cost recovery rate(s) that may be applied to the identified application base(s) that the Contractor may use when responding to a RTOP issued by the Government. These rates are applicable to both Firm Fixed Price and Cost Reimbursable contracts and shall also apply to all modifications. The Offeror may use lower rates in proposals, but not higher.

7.1 The Maximum Binding Indirect Rates listed in Table 5 shall be the firm’s maximum indirect cost recovery rate(s) that may be applied to the identified application base for the duration of the contract. The Maximum Binding Indirect Rate(s) will not be adjusted upward as a result of an audit of the contract or the follow-on task orders. The Contractor should use the actual labor rate(s) paid to the employee(s) for each discipline with the applied Maximum Binding Indirect Rates for the appropriate base. A Contractor can propose lower indirect cost recovery rates for a specific task order; however, those proposed lower rates become the maximum rates for that specific task order. The proposed task order indirect rates will not be adjusted upward as a result of an audit of the contract or the specific task order. The Offeror may propose lower rates on individual task orders, in which case the lower rates shall be the maximum rate on the individual task order.

7.2 The Maximum Binding Indirect Rates for this contract shall be provided by the Offeror in Table 5. The maximum rates provided by the Offeror are the maximum rates upon contract award for the life of the SATOC, to include all option periods and extensions. These rates are applicable to both task orders and modifications, unless adjusted in accordance with paragraph 7.1.

Note: Offeror should submit the excel file provided in the RFP.

Table 5 - MAXIMUM BINDING INDIRECT RATES

Indirect Rate(s) Applicable to Direct Labor Description

(for example Combined Labor

Indirect Rate, Overhead, Fringe, G&A, ect)

Indirect Rate Item

Maximum Rate

- Year 1 (Base Period)

Maximum Rate

- Year 2 (Base Period)

Maximum Rate

- Year 3 (Base Period)

Maximum Rate

- Year 1 (Option Period)

Maximum Rate

- Year 2 (Option Period)

Indirect Rate Item

Maximum Rate

- Year 3 (Option Period)

Maximum Rate

- Year 4 (Option Period)

Maximum Rate

- 6-month extension

Application Base (for example, Direct Labor; DL & Fringe; DL, Fringe & OH)

Indirect Rate(s) Applicable to Other

Direct Costs (ODCs), Travel, and

Subcontracts

Indirect Rate Item

Maximum Rate

- Year 1 (Base Period)

Maximum Rate

- Year 2 (Base Period)

Maximum Rate

- Year 3 (Base Period)

Maximum Rate

- Year 1 (Option Period)

Maximum Rate

- Year 2 (Option Period)

Indirect Rate Item

Maximum Rate

- Year 3 (Option Period)

Maximum Rate

- Year 4 (Option Period)

Maximum Rate

- 6-month extension

Application Base (for example, Total Cost Input; "All ODCs except …"; Subcontract cost, etc.)

NOTE 1: Table shall include ALL indirect rates the offeror intends to utilize on the potential contract

NOTE 2: Proposed rates shall be supported by offerors accounting system or a discounted to an indirect rate supported by their accounting system

8. Department of Labor Wage Rates

For individual task orders written against the contract, the appropriate Wage Determination/Decision will be provided with the RTOP.

9. Travel

The Contractor shall perform all travel and attend all meetings necessary for completion of the work required by the Task Orders. Per Diem (lodging and MI & E expenses) shall be paid at the current Government rates in accordance with the Federal Travel Regulation (FTR) per person per calendar day spent in travel status. No per diem will be paid for travel less than the number of hours per day stated in the current FTR. Per Diem rate information may be obtained at http://www.defensetravel.dod.mil/. Actual cost of transportation by public conveyance (plane, limited to coach class) shall be paid. Air travel shall (if possible) be planned in advance in order to acquire the best prices available.

Privately owned vehicles shall be paid at the current Government mileage rate in accordance with the FTR. The maximum amount paid for an airline ticket shall be the cost of travel via coach class.

(End of Section B) http://www.defensetravel.dod.mil/

Section C - Descriptions and Specifications

SECTION C

Section C – Description/Specifications

1. Contract Requirements.

The contractor, operating as an independent contractor and not as an agent of the Government, shall provide all labor, materials, facilities, and equipment to perform all work identified in each individual task order. The contractor may be required to perform work under multiple task orders at different sites simultaneously. The contractor shall be cognizant of all appropriate laws, regulations, and guidance. The contractor shall ensure that all work activities performed by his or her personnel, subcontractors and suppliers are completed in accordance with applicable 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.

The contractor shall be responsible for acquiring the latest version of applicable regulation or agency guidance, including but not limited to, the referenced documents cited in this Section C and/or subsequent task orders issued after award of the contract, unless otherwise specified.

1.1 Permits.

The contractor shall obtain permits and licenses necessary to conduct the work required by this contract including, but not necessarily limited to, environmental permits, building permits, discharge permits, Nuclear Regulatory Commission (NRC) or state license for radiation activities, and Department of Transportation (DOT) permits for transport of MEC and HTRW on public highways. The contractor shall comply with all applicable Federal, State, and local laws and regulations, including Technical Bulletin TB 700-2, “DEPARTMENT OF DEFENSE AMMUNITION AND EXPLOSIVES HAZARD CLASSIFICATION PROCEDURES,” when transporting MEC. Rights of entry on and off Government property may be required. For cost reimbursement task orders, the Government will reimburse the contractor for all reasonable, allocable, and allowable costs related to obtaining such permits and licenses.

1.2 Rights in Technical Data.

All reports and data necessary to satisfy the Government’s needs will be acquired in accordance with Defense Federal Acquisition Supplement (DFARS) Subpart 227.71.

2. General Information.

a. This contract for an 8(a) Indefinite Delivery/Indefinite Quantity (IDIQ) Single Award Task Order Contract (SATOC) for Rapid Response (RR), Environmental Remediation (ERS) Services and Other Mission Related Support Services under NAICS Code 562910, in support of the US Army Corps of Engineers (USACE) and its customers CONUS (Continental United States), including Alaska and Hawaii, and outlying areas within the South Atlantic Division (SAD) Area of Responsibility (AOR). The successful Offeror shall provide rapid response, environmental response, and/or remediation services at sites within the geographic boundaries of the contracts in accordance with the scope of this contract.

b. Task Orders issued under this contract will be firm-fixed price or cost reimbursement with the applicable wage determination provided with the Request for Task Order Proposal (RTOP) and incorporated in the resulting task order. It is anticipated that a majority of work will be accomplished using cost plus fixed fee task orders. The contractor shall provide personnel with current training and medical monitoring as required by the Occupational Safety and Health Administration (OSHA), and other applicable training that may be necessary for work in hazardous environments.

c. The contractor shall comply with all federal, state and local laws and regulations that may be applicable to the specific performance-based work statement in the task order. The task orders will use a Performance

Work Statement (PWS) which will provide the performance objectives of the project but will also provide the contractor with the maximum amount of flexibility for successfully completing the project at the lowest price. The Government intends to describe the work in terms of the required results rather than “how” the work is to be accomplished in accordance with FAR 37.6.

d. The majority of the task orders that will be issued under this contract will provide services related to requirements of the Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the Environmental Protection Agency (EPA) Emerging Contaminate Program; the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), Military Munitions Response Program (MMRP), the Clean Water Act, the Clean Air Act, National Environmental Policy Act (NEPA), National Historic Preservation Act, Endangered Species 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 (USTs), and other fuels related issues. Actions may address both regulated and non-regulated toxic substances and emerging contaminants. Incidental construction (for example, excavation/removal of contaminated soil, off-site disposal of contaminated soil, installation of treatment systems, etc.) will also be included in this contract; however, construction activities will be incidental to the remediation effort.

2.1 Management Information Systems. Prior to the award of a cost reimbursement task order, the Contractor will submit their Management Information System (MIS) for approval by the Government, unless the Government allows an exception to this requirement. The MIS is considered critical to the success of cost reimbursement task orders. This MIS should integrate cost and schedule information to provide at a minimum: daily tracking of costs incurred, daily tracking of costs scheduled, projection of cost and schedules, earned value, and time phased budget and spending curves. Automated information should be remotely accessible at the work site and other locations to allow for daily cost tracking of actual labor (both on-site and home office), equipment, purchases, subcontracts, other commitments, obligations, and expenditures. This system should be able to be used as a project management tool to capture committed or obligated costs as they occur, not when reconciled at invoice.

These capabilities will be needed on cost reimbursement task orders. Any exceptions would be identified in the task order specific Performance Work Statement (PWS).

• The cost tracking system shall be maintained on-site and shall provide real time ability to capture costs.

• The cost tracking system shall have the ability to forecast costs.

• The cost tracking system shall provide a daily report for review and approval by the Government.

• The cost tracking system shall allow for active management and budgeting of task order costs, including but not limited to home office costs, direct field costs, indirect costs, subcontractor costs, equipment costs, and other project costs.

• The cost tracking system shall have the ability to provide a weekly cost comparison/cost variance report. This report shall capture all committed/expended costs and shall allow the comparison of the forecasted total task order cost with the budgeted cost. It shall also show the overruns/under runs on the individual task order tasks.

2.2 Time Sensitive Nature of Work

Projects will vary in size, complexity, and location, and will require a high degree of flexibility and adaptability.

Contractors must respond quickly and effectively. The diverse scopes of work are time-sensitive, which necessitates a timely response in order to mitigate threat to life and property and/or operational impacts to the government. The level of time sensitivity, and corresponding response requirements, will be determined at the task order level.

2.3 Project Specific Information.

USACE will provide the contractor with any site-specific information with the Task Order RFP, if practicable.

Otherwise, the Government will provide the information to the contractor as soon as it is available.

3. Scope of Work

The contractor shall be capable of furnishing all labor, materials, equipment, and services required to investigate and/or remediate various sites located within the geographic boundaries of the contract. These sites will include:

a. Sites currently owned or controlled by the Federal Government;

b. Sites formerly owned or controlled by the Federal Government;

c. Sites where the Federal Government is otherwise authorized to respond.

Listed below are the major areas of support provided by this contract:

a. Federal Response: The contract will provide a full response service to the federal customer in situations where rapid response action is necessary to protect human life, public health, or the environment. In addition, this contract will provide rapid response actions that may be necessary due to Congressionally mandated start dates, the Environmental Protection Agency, or regulatory constraints.

b. Homeland Defense/Security: The contract facilitates the assessments and/or implementation of preventative measures to address facility vulnerabilities, or the abatement, minimization, stabilization, containment, mitigation, or elimination of damages or materials remaining from an actual attack by a terrorist, terrorist organization, or hostile country.

c. USACE Mission Support: The contract will provide full support to USACE components who directly request assistance in meeting their base mission support needs when there is an immediate threat to human life, public health, or the environment. As part of USACE responsibilities to the Federal Emergency Management Agency (FEMA), this contract may be used to perform characterization, treatment, management and disposal of contaminated debris or other materials. In addition, this contract is available to provide USACE Mission Support through the local Major Subordinate Command (MSC) or District Commander, provided the requested services comply with the provisions of the contract.

d. Rapid Response Business Process Appropriate: The contract will provide support to projects that may not involve imminent threats to human life, public health, or the environment, but may have significant impacts on human life, public health, or the environment. The contract will provide support to projects where unforeseen conditions are highly prevalent and the ability to adequately define project requirements such that the contractor can provide a firm-fixed price accurately.

3.1 Investigation/Remediation Requirements.

Each task order will specifically describe the requirements of the project; however, the following services provides most of the anticipated activities:

3.1.2 Preliminary Phase/Investigation

a. Site characterization and evaluation, including, but not limited to, wetlands and archaeological evaluations.

b. Development of risk assessments, EE/CA’s, Action Memorandums or other similar documents.

c. Survey and mapping.

d. Soil sampling, testing, boring or other geotechnical analysis.

e. Installation, development of groundwater monitoring wells, production/extraction wells, and piezometers.

f. Hydrology and Hydrologic analysis and incidental design

g. Hydro-geological field-testing, analysis and data interpretation.

h. Biological/Chemical/Radiological Assessment.

i. Chemical/geotechnical sampling and analysis.

j. On-site perimeter real-time air monitoring, sampling and analysis.

k. Provide and/or develop engineering/cost recommendation of potential remedial strategies.

l. On-site/off-site chemical analysis for a wide variety of parameters including but not limited to;

routine HTRW procedures, characterizations pursuant to removal actions, explosive, chemical warfare, radiation and other chemical, physical and composite testing.

m. Identification of action levels for regulated hazardous substances through development of human health and ecological risk assessments.

n. Explosives survey (HTRW & OE).

o. Geophysical mapping and associated activities.

3.1.3 Remediation

a. Incidental engineering design/support to removal actions such as; design of soil vapor extraction systems, RCRA caps/liners, water treatment and/or supply systems etc.

b. Construction of soil vapor extraction systems, RCRA caps/liners, water treatment and/or supply systems, etc., pursuant to removal actions.

c. On-site source control and containment such as; buried drum removal, storage tank removal, product recovery, liner installation or other similar activities.

d. On-site treatment such as water treatment, PFOS/PFOA mitigation, fuel recovery, incineration, chemical neutralization or stabilization, air stripping or other similar activities.

e. Transportation, storage, treatment and/or disposal of waste at an off-site facility.

f. Survey, removal, transportation and disposal of asbestos containing materials.

g. Installation of site support facilities.

h. Preparation of applicable Operation and Maintenance manuals and associated training of facility personnel.

i. Incidental Operation and Maintenance of completed facilities constructed under this contract.

j. Protection of building(s) against chemical, biological and radiological contamination.

k. Survey, removal, transportation and disposal of explosives (HTRW & OE).

l. Soil sampling, testing, boring or other geotechnical analysis.

m. Asbestos abatement activities to remove construction materials containing friable/or non-friable

Asbestos Containing Materials (ACMs).

n. Lead abatement activities to eliminate Lead Based Paint (LBP) hazards as defined by the EPA.

4. Environmental Requirements

4.1 General.

The contractor shall be cognizant of all appropriate laws, regulations, and guidelines. The contractor shall ensure that all work activities performed by his personnel, sub-contractors and suppliers comply with the laws and regulations.

Any incident of non-compliance noted by the contractor shall immediately be brought to the attention of the contracting officer and/or COR. The contractor shall utilize trained, experienced on-site personnel to ensure that all on-site procedures for the treatment, transportation, and disposal of hazardous/special wastes are implemented and enforced. The contractor shall provide personnel with current training as required by the Occupational Safety and Health Administration (OSHA), and Department of Transportation (DOT) Certification in accordance with 49 CFR part 172.700 for HAZMAT employees if applicable.

4.2 Permits/Approvals.

The contractor shall investigate the requirements for and obtain base permits, environmental permits, licenses, approvals, and/or certificates necessary to accomplish the work specified in the individual task orders. The Contractor shall notify the contracting officer and/or COR of any delay occurring in obtaining the necessary permits or approvals.

4.3 Treatment Storage and/or Disposal of Hazardous Materials.

The contractor shall ensure the on-site management, transportation, storage, treatment, and disposal of all hazardous/special waste materials complies with all federal, state, and local laws and regulations. The Contractor shall identify and perform any additional analyses necessary to ensure compliance with transportation, storage, treatment, and disposal requirements. Selection of the approved treatment, storage or disposal facility (TSDF) shall be based upon cost-effectiveness, compliance status, regulatory agency input and contracting officer approval. If the waste is sent for off-site storage or disposal, the Contractor shall provide the following to the contracting officer at a minimum:

a. Waste Characterization based upon analysis protocol recommendation by the contractor and approval of the Government in accordance with specific task order PWS. Identification of the disposal facility based upon cost-effectiveness and compliance with all local, State, and Federal laws

b. Transportation selection based upon cost-effectiveness and compliance with all local, State, and Federal laws.

c. Analytical and Manifest Package in accordance with specific task order PWS and paragraph entitled “Complete Manifest Package”.

d. Shipment tracking in accordance with task order PWS and all applicable laws.

e. Written acceptance from the TSDF.

f. Asbestos wastes must be wetted so that they can be properly handled and containerized. They should be placed in leak tight containers. Each container or wrapped item should be labeled as specified by OSHA standards under 29 CFR 1910.1001(j)(2).

4.4 Complete Manifest Package.

The “complete manifest package” consists of, at a minimum, all hazardous waste manifests, hazardous material shipping papers, waste profile sheets, and land disposal restriction notification and certification forms, CERCLA Off- Site response approval memo, and all other supporting documentation. Supporting documentation shall include waste disposal history, all analytical results, material safety data sheets available, and any other information received in identifying the proper waste code. The Contractor shall also include as part of the supporting documentation, the specific type of inner and outer packaging, markings, labeling, and placards offered to the transporter. The contractor shall also comply with the requirements listed below:

a. The contractor shall have/appoint a single Contractor Regulatory Specialist/Transportation and Disposal Coordinator (CRS/TDC) who will review the complete manifest package and shipping documentation.

This individual shall certify as correct all documentation in the complete manifest package and provide a description of the “decision logic” used to classify a particular waste.

b. The contractor shall submit to the contracting officer and/or COR a copy of the complete manifest package for approval.

c. The contractor shall not transport any wastes prior to approval of the complete manifest package by the Government.

d. For asbestos waste the containers must also include the name of the waste generator and the location at which the waste was generated.

4.5 Transportation of Hazardous/Special Wastes.

The contractor’s on-site personnel overseeing the transporter prior to shipment of the waste shall certify that the packaging, marking, labeling, handling, and placarding of waste complies with Federal, State, and local laws and regulations and it correlates with the waste classification and quantities designated on the manifest prior to the signature of the transporter. The certification shall be submitted to the Rapid Response On-Site Representative (RR- OSR), prior to transport and included as part of the final project report. The contractor shall also comply with or provide the requirements listed below:

a. Vehicles used to transport waste must be adequately marked and comply with 49 CFR (Subtitle B- Other Regulations Relating to Transportation) and in 40 (Protection of the Environment) 61.149(d)(1)(i), (ii), and (iii).

b. The contractor shall develop and utilize a transportation and disposal tracking form in order to comply with DOT, NESHAPS, TSCA and RCRA guidelines concerning hazardous waste/materials disposal schedules and associated recordkeeping requirements. Applicable regulations include, but are not limited to 40 CFR (Protection of the Environment) part 262 (Standards Applicable to Generators of Hazardous Waste), 40 CFR 61.150 (Standards for Waste Disposal for Manufacturing, Fabrication, Demolition, Renovation, and

Spraying Activities), 40 CFR 61.154 (National Emission Standards for Hazardous Air Pollutants) 40 CFR

761.207 (The Manifest General Requirements), and 40 CFR 172.201 (Preparation and Retention of Shipping Papers) and all applicable 49 CFR Department of Transportation Hazardous Materials Regulations Subchapter A (Hazardous Materials and Oils Trans). When not specifically required by regulation, the contractor shall provide the contracting officer and/or COR with a delivery receipt from the designated facility.

c. Discrepancy reports if differences between the quantities or types of hazardous waste designated on the manifest or shipping papers and the quantity or type of hazardous waste the TSDF receives. The contractor shall immediately advise the contracting officer and/or COR of manifest discrepancies associated with rejected loads and residues and/or the use of an alternate facility.

d. Exception reports. The contractor shall verify if the generator or his representative have received a copy of the signed manifest from the TSDF on or before the 35th day after transporter signature in accordance with 40 CFR part 262 (Standards Applicable to Generators of Hazardous Waste). The contractor shall prepare a draft exception report for the government’s approval by the timeframes listed in 40 CFR part 262 if necessary. The Contractor shall prepare a draft exception report for the government’s approval by following the data correction process identified in 40 CFR 264.71(I).

4.6 Regulator Notices of Non-Compliance.

In the event the contractor is notified by a Federal, State, or local agent that a manifest, shipment, waste disposal document, or any related activity concerning a task order under this contract is in non-compliance with the law, the contractor shall notify the contracting officer and/or COR immediately.

5. Safety and Health

The contractor shall have an ongoing Safety and Health Program meeting the requirements of all applicable federal, state, and local laws and regulations. In addition, the contractor shall prepare, implement, and enforce for each site a site safety and health plan (SSHP) whenever work is to be performed in a contaminated or potentially contaminated area. The contractor shall ensure that their subcontractors, suppliers and support personnel follow all appropriate safety and health provisions.

5.1. Accident Prevention Plan (APP)/Site Safety and Health Plan (SSHP).

a. The contractor shall develop and implement an accident prevention plan (APP) which includes a site safety and health plan (SSHP) as an appendix. The APP/SSHP shall address all occupational safety and health hazards (traditional construction as well as contaminant related hazards) associated with field activities. The APP/SSHP shall cover each SSHP element identified in USACE, ER 385-1-92 (Safety and Occupational Health Requirements for Hazardous Waste (HTRW) Activities, publication date 2007) or newer, and Technical Bulletin 700-2 Department of Defense Ammunition and Explosives Hazard Classification Procedures.

b. Elements that overlap with APP elements need not be duplicated in the APP/SSHP, provided each safety and occupational health issue receives adequate attention and detail and is documented in the APP/SSHP. The APP/SSHP shall be developed under the direct supervision of a qualified safety and health manager (SHM).

On-site activities shall not commence until the plan has been reviewed and accepted. On-site implementation and enforcement of the APP/SSHP shall be managed by a qualified site safety and health officer (SSHO).

See USACE EM 385-1-1 (Safety and Health Requirements) for SHM and SSHO qualifications and experience requirements.

5.2 Site Safety and Health Plan (SSHP).

For each task order issued the contractor shall prepare a written SSHP prior to beginning on-site work. As a minimum the SSHP shall contain the following elements:

a. Site description and contaminant characterization.

b. Safety and health hazard (s) assessment and risk analysis in the form of an Activity Hazard Analysis (AHA) for each site task and operation.

c. Accident prevention per USACE, EM 385-1-1 Safety and Health Requirements, USACE, EM 1110-1-4007 Safety and Health Aspects HTWR Remediation Technologies, USACE EM 385-1-97 Radiation Protection Manual, and USACE, EP 200-1-23 Spill Reporting Procedures for HTWR Projects.

d. Safety and health staff organization and responsibilities.

e. Site-specific training.

f. Site-specific medical surveillance parameters.

g. Personal protective equipment (PPE) to be used and establishment of action levels for upgrades or downgrades of PPE.

h. Monitoring and sampling, including personal and perimeter air sampling, heat and cold stress, noise, and radiation monitoring.

i. Safety and health work precautions and procedures.

j. Work permit requirements.

k. Material handling procedures.

l. Site control measures.

m. Personnel and equipment decontamination facilities and procedures.

n. On-site first aid and emergency equipment.

o. At least two persons currently certified in standard First Aid and CPR by the American Red Cross or equivalent agency shall be present on site at all times during site operations.

p. On-site and off-site emergency response plan and contingency procedures.

q. Logs, reports, and record keeping.

5.3 Document Revisions, Addenda, and Field Modifications.

Review comments issued prior to APP/SSHP approval shall be incorporated by revising and reissuing affected pages.

Minor changes affecting only a few pages may be made by addenda sheets and resubmitted. Once on-site, unanticipated field conditions encountered which were not addressed in the accepted APP/SSHP shall be immediately reported to the USACE point of contact. Field activities in such areas shall be halted until the APP/SSHP has been modified to reflect changed conditions and reviewed/accepted by USACE.

5.4 Safety Regulatory Requirements.

Work performed under this contract shall comply with USACE EM 385-1-1 (Safety and Health Requirements, dated September 2018) or newer edition, and any applicable Federal, State, and local safety and occupational health laws and regulations. This includes, but is not limited to, Occupational Safety and Health Administration (OSHA) standards. Matters of interpretation of standards shall be submitted to the appropriate administrative agency for resolution before starting work. Where the requirements of this section, applicable laws, criteria, ordinances, regulations, and referenced task order documents vary, the most stringent requirements shall apply.

5.5 Staff Organization- Safety and Health.

An organizational structure shall be developed that sets forth lines of authority, chain of command, responsibilities, and communication procedures concerning site safety, health, and emergency response. This organizational structure shall cover management, supervisors and employees of the contractor and subcontractors. The structure shall include the means for coordinating and controlling work activities of subcontractors and suppliers. The SSHP shall include a description of this organizational structure as well as qualifications and responsibilities of each of the following individuals.

a. Safety and Health Manager/Certified Industrial Hygienist. The services of an Industrial Hygienist certified by the American Board of Industrial Hygiene shall be utilized.

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File details come from the government source that posted it. Updated May 25, 2022.