Draft RFP W9128F20R0069 - 60M 8(a) ECS.pdf

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until 02:00 PM local time 15 Mar 2021

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ERICKA.T.COLLINS@USACE.ARMY.MIL

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

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

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

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

1 145

(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.

W9128F 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 conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

ERICKA T COLLINS 402-995-2116

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 10

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

11 - 70 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 73 - 75 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 76 - 77 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

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

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

13. DISCOUNT FOR PROMPT PAYMENT

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

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

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

FACILITY

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

SOLICITATION, OFFER AND AWARD

X

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

PART I - THE SCHEDULE

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

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

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

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

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

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

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

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

78 - 94

PART II - CONTRACT 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

95 - 100

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

16 Feb 2021

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W9128F20R0069

Section B - Supplies or Services and Prices

SUPPLIES/SERVICES AND PRICES

LABOR RATE TABLE & RATE CAPS

1. Contract Definition

The contract awarded under this solicitation will be an Indefinite Delivery/Indefinite Quantity (ID/IQ) Multiple Task Order Contract (MATOC) as part of the U.S. Army Corps of Engineers, Multiple Environmental Government Acquisition (MEGA) Strategy.

This is an ID/IQ, MATOC for Environmental Consulting Services (ECS) 8(a) Set-Aside under NAICS Code 541620, in support of the US Army Corps of Engineers, Northwestern Division, Omaha District and its existing customers. Task orders will be issued as the need arises during the ordering period. Task orders written against this IDIQ contract will be Firm-Fixed-Priced for requirements identified in Section C.

The intent is to award up to three (3) contracts under this solicitation; however, if the Contracting Officer determines during the source selection process that fewer or more than three (3) contracts should be awarded, based upon the selection criteria and evaluations, then the Contracting Officer has the discretion of adjusting that number, or awarding none at all.

The contractor is required to be registered under NAICS code 541620 in the System for Award Management (SAM) located at https//www/sam.gov/SAM/. Failure to have this NAICS code current in (SAM) may result in not being considered for the award.

2. Total Amount of Contract

The maximum value for all orders issued against this MATOC is $60 Million. There is no limit on the number of task orders that may be executed against the MATOC.

3. Guaranteed Contract Amount

The minimum guarantee for each contract is $2,500. A task order will be issued under each contract under the MATOC to meet the requirements of the minimum guarantee. If the cumulative value of any additional task orders issued to the contractor exceeds the minimum guarantee, the minimum guarantee task order will be de-obligated and closed at no additional cost or liability to either party.

4. Performance Period

Contracts will have a basic ordering period of three years plus one two-year option period or until the $60 million contract limit is reached, whichever comes first. This contract also includes the clause 52.217-8 Option to Extend Services, which if necessary, allows the Government to extend the term of the Contract an additional six (6) months. The total length of the contract ordering period, including the exercise of all option periods, will not exceed five years and six months from date of contract award. A task order may have a period of performance that extends beyond the ordering period, but will not exceed five years beyond the last day of the ordering period.

5. Pricing

Firm Fixed Price (FFP) Task Orders.

5.1. Binding Capped Hourly Labor Rates.

The binding capped labor rates for this contract shall be provided by the Offeror in Table B1.

The amount to be paid to the contractor for each firm-fixed price task order shall not exceed the “maximum” hourly rates proposed by the contractor for the labor disciplines listed in Table B1, “Binding Capped Labor Rate Schedule.”

5.1.1. The capped hourly rates provided on Table B1 shall be “Fully Burdened,” i.e., shall include direct costs, Overhead (OH), General/Administrative (G&A), Payroll Taxes, Insurance, Labor Burden Fringes, and any other indirect costs, but shall not include profit.

5.1.2. Labor rates used in formulating task order proposals shall not exceed the capped labor rates as of the date of task order requirement.

5.1.3. The Offeror shall indicate for each discipline whether it is employed by the prime or a subcontractor by annotating PRIME or SUB next to the discipline in the first column. For example, “Engineer (SUB)”. The rates shown per labor discipline shall be fully burdened rates, exclusive of profit.

5.1.4. The hourly burdened labor rates proposed in the Binding Capped Labor Rate Schedule are binding upon contract award for the life of the MATOC, to include all option periods and extensions. These rates are applicable to both task orders and modifications.

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 unburdened labor rate along with all applied 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).

5.1.6. If during the Contract Period of Performance, the Offeror’s original key personnel (prime or subcontracted) are no longer available, the Offeror shall replace these individuals with personnel whom, at a minimum, meet the minimum qualifications specified in the contract. The Offeror shall be responsible for negotiating labor rates for those personnel that do not exceed the rates provided in Table B1, which are the maximum rates the Government will pay for any personnel. The Contractor shall submit the replacement personnel’s qualifications for each key discipline listed in the PWS to the Contracting Officer for approval.

5.1.7. The applicable capped 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 labor rate schedule. For example, if the rate schedule changes over on 1 November of each year, and a Task Order is issued on 1 September 2020 for 12 months work, the maximum rates will be the rates that were effective on 1 November 2019. Under the same assumptions, if a modification to the Task Order is required in December 2020, the labor rates effective on 1 November 2020 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. The Government will provide the applicable wage determination(s) for the specific geographic location of the task orders in the Request for Task Order Proposal (RTOP).

5.1.9. Provide only one (1) rate per labor discipline, regardless of whether the individuals employed for that discipline are directly employed or subcontracted or whether the Joint Venture has separate applied indirect costs.

5.1.10. Offerors shall provide an example of how the markups are applied to the unburdened labor rates in proposal submittal per Section L, paragraph 5.3.1.

TABLE B1- BINDING CAPPED LABOR RATE SCHEDULE

TABLE B1: BINDING LABOR RATE SCHEDULE

Item Labor Discipline Base Period

(Year 1) Unburdened

Base Period

(Year 1) Burdened

Base Period

(Year 2) Burdened

Base Period

(Year 3) Burdened

Opt.

Period

(Year 4) Burdened

Opt.

Period

(Year 5) Burdened

6-Month Opt. to Extend

Burdened

0001 Program Manager

0002 Project Manager

Field Superintendent / On-Site Supervisor

0004 Geophysicist

0005 Data Analyst

0006 Data Processor

0007 Programmer

0008 CADD/GIS

0009 IT Specialist

0010 Field Technician

Registered Land Surveyor

0012 Clerical

Senior Contracts Manager

0014 Risk Assessor

Hazardous Material Manager/ Transportation Specialist

0016 Senior Engineer

0017 Mid-level Engineer

0018 Junior Engineer

0019 Senior Scientist

0020 Mid-level Scientist

0021 Junior Scientist

Site Safety and Health Manager

0023 Regulatory Specialist

Contractor Quality Control Supervisor

0025 Certified Ind. Hygienist

Certified Health Physicist

0027 Hazardous Waste Spec.

0028 Specification Writer

Community Relation Spec.

0030 Estimator

5.2 Firm-Fixed Price Escalation and Maximum Profit.

5.2.1. The escalation rate applied in Table B1 to years 2 through 5 and or the optional six month extension to the ordering period shall be provided by the Offeror in Table B2:

Table B2: Escalation Rate

5.2.2. Profit will be negotiated at the task order level for each Firm-Fixed Price task order but shall not exceed the maximum profit rate provided by the Offeror in Table B3, “Maximum Profit.” The maximum profit 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.

5.2.3. The Contractor may propose a lower profit when responding to a RTOP (or subsequent modifications) based on the tasks identified in the request and the risk associated with the project.

Table B3: Maximum Profit

6. Binding Capped Rates for Firm Fixed Task Orders

6.1. The Binding Capped Rates represent the maximum Overhead, G&A, or other Indirect rates that the Contractor shall use when responding to a RTOP issued by the Government. These rates are applicable to all task orders and shall also apply to all modifications. The offeror may use lower rates in proposals, but not higher.

6.2. The Binding Capped Rates shall be the maximum applied OH, G&A and other indirect rates used for the contract. The capped rates provided by the offeror are binding upon contract award for the life of the MATOC, to include all option periods and extensions. The Binding Capped Rates will not be adjusted upward as a result of an audit of the contract or the follow-on task orders. A Contractor can propose lower OH, G&A and other indirect rates for a specific task order; however, those proposed lower rates become the binding capped 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.

6.3. The Binding Capped Rates for this contract shall be provided by the offeror in Table B4.

Please include in Table B4 which direct costs have the applied binding capped rates. For example, if a firm has two G&A rates, indicate the direct costs that each G&A rate is applicable to in Table B4. (i.e. 1. G&A = X% - Applicable to Direct Labor, Travel, and ODCs other than Subcontracts. 2. G&A= X% - Applicable to subcontracts). If multiple rates are included, supporting audit information or calculations shall be provided in accordance with Section L of this solicitation.

Table B4: Binding Indirect Capped Rates

Indirect Rate Category Maximum Binding Rate

Home Office Overhead (HOOH) Field Office Overhead (FOOH), if applicable Fringe Benefits, if separate from HOOH and/or FOOH General & Administrative (G&A), if applicable Other (Identify) Other (Identify)

7. Department of Labor Rates

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

8. 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)

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 60,000,000 Job Base - 3 Year ECS 8(a) Set-Aside

FFP

Base Period - 8(a) Set-Aside Indefinite Delivery/Indefinite Quantity (ID/IQ) performance based Multiple Award Task Order Contract (MATOC) with a shared capacity of $60 million for Environmental Consulting Services (ECS) in support of the U. S. Army Corps of Engineers, Northwestern Division (NWD) and NWD existing customers. Task Orders under this contract will also be in support of new NWD customers. Base period is three years from the date of award.

FOB: Destination

PSC CD: F999

NET AMT

0002 Job OPTION Option - 2 Year ECS 8(a) Set-Aside

FFP

Option Period - 8(a) Set-Aside Indefinite Delivery/Indefinite Quantity (ID/IQ) performance based Multiple Award Task Order Contract (MATOC) with a shared capacity of $60 million for Environmental Consulting Services (ECS) in support of the U. S. Army Corps of Engineers, Northwestern Division (NWD) and NWD existing customers. Task Orders under this contract will also be in support of new NWD customers. Option period is for two years.

0003 Job OPTION Option - 6 Months Extended Services

FFP

In accordance with FAR 52.217-8 -- Option to Extend Services -- the total extension of performance hereunder shall not exceed 6 months. Should the Government exercise its right to extend the contract under FAR Clause 52.217-8, the Contractor will be required to hold its labor rates to the accepted rates identified in the Binding Labor Rate Schedule - Option Period (6-month option to extend) Burdened Labor Rate, except for any revisions to the prevailing labor wages provided by the Secretary of Labor.

0004 Job Contractor Manpower Reporting

FFP

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the U.S. Army Corps of Engineers, Omaha District (Requiring Activity’s Unit Identification Code (UIC): W07106) via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.sam.gov. Contractors may direct technical questions to the “Send an Email” link at website beta.SAm.gov for current information on CMRA.

Information regarding changes to the reporting process, when data should be entered, general police information, how data is protected, and how to enter certain data can be found under the Frequently Asked Questions (FAQ) section at the CMRA website. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2017.

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

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

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

1.00 $2,500.00 60,000,000.00 $60,000,000.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

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

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

1.00 $2,500.00 60,000,000.00 $60,000,000.00

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

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0001 1.00 $2,500.00 60,000,000.00 $60,000,000.00 0002 1.00 $2,500.00 60,000,000.00 $60,000,000.00 0003 1.00 $2,500.00 60,000,000.00 $60,000,000.00 0004 1.00 $2,500.00 60,000,000.00 $60,000,000.00

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

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

0001 1.00

$1.00

60,000,000.00

$60,000,000.00

0002 1.00

$2,500.00

0003 1.00

0004 1.00

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

MULTIPLE ENVIRONMENTAL GOVERNMENT ACQUISITION

INDEFINITE DELIVERY/INDEFINITE QUANTITY

MULTIPLE AWARD TASK ORDER CONTRACT

FOR ENVIRONMENTAL CONSULTING SERVICES

COMPETITIVE 8(a) TOTAL SET-ASIDE

30 December 2020

1. Scope.

1.1. Scope. This Multiple Environmental Government Acquisition (MEGA) Indefinite

Delivery/Indefinite Quantity (IDIQ), performance based Multiple Award Task Order Contract (MATOC) for Environmental Consulting Services (ECS) will support work assigned to the U.S.

Army Corps of Engineers (USACE) by various Department of Defense (DoD) and Interagency and International Support (IIS) customers, including but not limited to: Environmental Compliance Program; DoD Sustainable Range Program; Natural Resource Management Program;

Environmental Support for Others (ESFO) Program; support to the U.S. Environmental Protection Agency (USEPA); control of environmental contamination from pollutants, toxic substances, radioactive materials, and hazardous materials; environmental compliance and restoration; natural, historical and cultural resource management; environmental stewardship; environmental sustainability; and all other environmental related regulatory programs.

1.2. Task Orders.

1.2.1. This contract will support work assigned to the USACE, Northwestern Division

(NWD) and existing NWD customers. Task orders under this contract will be in support of existing and future USACE customers throughout the contiguous United States, including Alaska and Hawaii, and the U.S. territories. Task orders will be issued as firm-fixed price (FFP) based on the requirements of the Performance Work Statement (PWS) at various military installations and sites primarily for work assigned to USACE Northwestern Division, Omaha District.

1.2.2. The majority of the task orders that will be issued under this ECS contract will be to provide multimedia environmental, occupational, safety and health related services to USACE for Department of Defense (DoD) and other federal agencies.

The term “multimedia” refers to the need for services in all major Federal, State and local environmental, occupational, safety and health regulatory areas. The intent of the ECS contract is to expand on the services acquired under the North American Industry Classification System (NAICS) code 541620 to provide full environmental consulting and compliance support to USACE customers.

1.2.3. The types of consulting and compliance services to be included, but not limited to are: assisting with compliance activities associated with the management of the storm water program, waste water program, water program, above-ground storage tank/underground storage tank (AST/UST) program, air program (Title V), solid wastes, hazardous wastes, lead-based paint management, asbestos management, pollution prevention management, cultural resources, natural resources, National Environmental Policy Act (NEPA), environmental assessments, environmental baseline surveys, information management, and land use management support at military installations. In addition, incidental/minor construction may also be included in direct support of specific ECS activities.

The scope also entails technical expertise to include environmental data management supporting field and estimating activities, including but not limited to, Enterprise Environmental, Safety, and Occupational Health Management Information System (EESOH-MIS) document development and support;

Environmental Liability (EL) analysis and training; obtaining, quantifying, and analyzing technical data for assessing and projecting EL related to asbestos containing materials, lead-based paint, weapons systems, and other EL; Public Affairs support; information management / knowledge management; Explosive Ordinance Disposal; Military Munitions services and subject matter experts;

provide data validation of real property assets database and information; perform evaluations of real estate and real property documents; RACER Training to include Army CTC requirements; in-class training supporting remedial activities for the review and quality control for the RACER tool to include any software upgrades changes and modifications. In addition, the contractor will provide efforts to support environmental compliance programs encompassing pollution prevention and long term monitoring to include technology reviews and environmental science and technology services to assist in overall DoD sustainability missions.

Other required expertise includes Administrative Record (AR) technical analysis, development of techniques and tools to improve records management for Environmental Liability, EESOHMIS analysis, RACER Training and quality control, evaluate and assist in the migration of the environmental data storage system under the Department of Defense Information Assurance Certification and Accreditation Process (DIACAP), PBR surveillance tracking, implementation and maintenance of Environmental Decision Information Tracking Tool (EDITT) modules, technology transfer, environmental chemistry quality control to include laboratory assessments and data validation, and identify and analyze the impacts of Emerging Issues/Emerging Contaminants (EI/EC).

The types of consulting and compliance services to be included, but not limited to are:

a. 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 the assessment of mitigation requirements and plans for compensatory mitigation projects;

Mitigation planning;

Reconnaissance and feasibility studies;

Providing environmental compliance and consulting services to support CERCLA/RCRA projects;

Environmental Baseline Surveys (EBS);

Description of Proposed Action and Alternatives (DOPPA);

Emerging Contaminants

b. Air Quality –

Clean Air Act (CAA) compliance; and Air emissions management, including air quality surveys and analysis, air emissions inventories, and permit applications.

c. Water Quality –

Clean Water Act (CWA) compliance;

National Pollution Discharge Elimination System (NPDES) and State

Pollution Discharge Elimination System (SPDES) permit applications and monitoring;

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

Storm Water management, including Storm Water Pollution Prevention

Plans (SWPPP); and Water quality evaluations and management.

d. Natural Resource and Wildlife Management –

Endangered Species Act (ESA) compliance, including endangered species management plans (ESMP);

Marine Mammal Protection Act (MMPA) compliance;

Migratory Bird Treaty Act (MBTA) compliance;

Coastal Zone Management Act (CZMA) compliance;

Natural resources inventories and surveys including Biological

Assessments (BAs);

Watershed management including geomorphology and geohydrology;

Coastal and marine estuary management;

Biological and physical oceanography surveys and studies;

Hydrodynamic modeling;

Sampling of various water column organisms, primarily ichythyoplankton and zooplankton;

Bioassay testing/data interpretation;

Bioaccumulation testing and data interpretation;

Toxicological evaluation including ecological risk assessment;

Habitat management, restoration, and technical support;

Integrated Natural Resource Management Plan (INRMP) compliance;

Provide wildland fire support (Wildland fire refers to both wildfire and prescribed fire) Perform ecological monitoring, use ecological tools for management of fire-dependent ecosystems such as prescribed fire;

Provide wildfire suppression assistance for resource protection;

Coordinate and develop wildland fire planning documents;

Manage a national wildland fire management tracking system

e. Cultural and Historic Resources Management –

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;

Historic data recovery plans and mitigation;

Coordination with the State Historic Preservation Office and Advisory

Council on Historic Preservation;

Anthropological and archeological related studies, surveys, investigations plans and restorations;

Integrated Cultural Resources Management Plans and compliance;

Native American Graves Protection and Repatriation Act (NAGPRA) compliance Native American Consultation Cultural Resource Training

f. Pollution Prevention –

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) / Superfund Amendments and Reauthorization Act (SARA) services (does not include remedial design or remedial action);

Resource Conservation and Recovery Act (RCRA) services, including temporary storage facility (TSF) management (does not include remedial design or remedial action);

Hazardous Materials Conservation Act (HMCA) compliance;

Toxic Substances Control Act (TOSCA) 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;

Human Health and Ecological Risk Assessments;

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;

Storage tank management, inspections, removals/replacements and minor repairs;

Radioactive materials management;

Noise pollution management;

Environmental fate studies;

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

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

Pollution Prevention Opportunity Assessments;

Pollution Preventions Plans;

Transportation and disposal of hazardous substances and radioactive materials incidental to compliance activities

g. Solid Waste Management – Solid waste management plans;

Subtitle Construction and Debris (C&D) landfill operations plans;

Landfill closure plans

h. Range Management (Does not include CERCLA MMRP restoration on non-operational range lands funded under DERP)

Sustainable Range Program (SRP) compliance;

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

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

Wildland fire management plans and support for ranges.

i. Environmental Compliance –

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

Environmental Management System (EMS) support;

Environmental Condition of Property (ECOP) assessments;

Preliminary assessment/site inspection (PA/SI);

Environmental compliance training;

Environmental compliance monitoring and reporting;

Potentially Responsible Party (PRP) Activities;

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

Expert Testimony and litigation technical support;

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;

Environmental conference participation and presentations

j. 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;

Mapping and data analysis/interpretation;

Aerial/space-based imaging and remote sensing with post processing and application development;

Boundary and topographical surveying;

Bathymetric surveys;

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;

Short and long term monitoring;

Reviewing work products for technical adequacy Life Cycle Cost Analysis, including evaluation of available corrective actions and recommendations for the most environmentally sound and cost-effective alternatives;

Area/site or condition characterization and evaluation;

Identification of action levels for regulated conditions resulting from review of Federal, state and local laws, regulation, guidance, or developed through risk assessments, including coordination with appropriate regulatory agencies;

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

U.S. Army Environmental Restoration Information System (ERIS)

k. Technical Subject Matter Expertise, Support, and Compliance – The contract addresses technical subject matter expertise and support within the following broad areas of interest: resource conservation and climate change;

energy, air, and water; environmental sustainability; strategic planning; capital improvement and facility coordination; asset management; security division support; mission assurance assessment; logistical support and analysis; real property management support; and facility and property management support.

l. Other Environmental Consulting Services – compliance with any other environmental regulatory program that requires consulting services.

1.2.4. Project specific task orders will be issued under the basic contract and the option periods. The USACE Contracting Officer (KO) or Contracting Officer’s Representative (COR) will provide the Contractor with any site-specific information upon issuance of each task order. Information provided by USACE on any site will be dependent upon the current status of the site and documentation provided by the customer agency/installation.

1.3. Performance-Based Contract Task Orders.

1.3.1. Performance-based contracts (PBC): (1) describe the requirements in terms of results required rather than methods of performing the work; (2) use measurable performance standards (e.g., terms of quality, timeliness, quantity); and (3) specify procedures for deficient services. PBC methods are intended to ensure that required performance quality levels are achieved and that the Government’s total payment is commensurate with the quantity and quality of services received. Performance-based contract task orders, with a tailored task order specific Quality Assurance Surveillance Plan (QASP) will be issued per Federal Acquisition Regulation (FAR) 37.102 against the awarded task orders unless the required approval is received in accordance with Army Federal Acquisition Regulation Supplement (AFARS) 5137.170-2.

1.3.2. FAR 2.101 defines Performance Work Statements (PWS) as “a statement of work for performance-based acquisitions that describes the required results in clear, specific and objective terms with measurable outcomes” and Statements of Objectives (SOO) as a “Government-prepared document incorporated into the solicitation that states the overall performance objectives. It is used in solicitations when the Government intends to provide the maximum flexibility to each offeror to propose an innovative approach.” PBCs tend to require more technical support than traditional prescriptive contracts. This is because PBCs specify what the final goal of a project is, but not how it is to be accomplished. The PWS and SOO describe the end result the contractor is required to achieve on a specific project but do not tell them how to complete it, thus allowing for maximum flexibility for offerors proposing innovative approaches. PWSs emphasize performance that can be contractually defined so that the results of the contractor's effort can be measured in terms of technical and quality achievement, schedule progress, or cost performance. Under a PWS, milestone payments occur only when the results meet or exceed the stated objectives. Simply meeting the Milestone / Objective, (i.e., submittal of a document for review) is not the same as completion of the Milestone/Objective, (i.e., approval and acceptance of the document by the Regulators). Only upon the completion, approval, and acceptance of a Milestone/Objective will the Government pay for that Milestone/Objective, unless the Quality Assurance Surveillance Plan (QASP) has other specifics and determinations for payment. For a PBC task order, the contractor will be required to use its expertise and develop the methods to achieve the required end result. The requirement for a QASP for service contracts is set forth in FAR Subpart 37.6 and

FAR 46.103.

A PWS/SOO for a Task Order will, to every extent possible:

Define desired results/outcomes;

Define what level of performance is expected (and ensure it is meaningful and fair) and use performance standards and QASP;

Provide all information known about the site(s) or where it can be located and accessed by the Contractor;

Define the measurement terms using clear and concise language avoiding vague or broad statements.

1.3.3. The description of work stated herein provides a general understanding of the Contractor functions to be performed; individual task orders will contain the specific performance based requirements. Technical requirements described herein in no way limit the activities that may be required under the terms of this contract.

1.3.4. 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 in this Section C of this Solicitation and/or subsequent task orders issued after award of the Contract, unless otherwise specified.

2. General.

2.1. Contractor Performance. 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 contractor 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.

2.2. 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, Nuclear Regulatory Commission (NRC) or state license for radiation activities, and Department of Transportation (DOT) permits for transport of Hazardous, Toxic and Radiological Waste (HTRW) on public highways. 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.

2.3. Data Ownership and Data Rights. All reports and data whatsoever, including all electronic data and software, generated under this contract will be determined by negotiation in accordance with (IAW) the Defense Federal Acquisition Regulation Supplement (DFARS). 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.

2.4. Contracting Officer's Representative: Upon award of the contract, the Contracting

Officer (KO) for the Government will designate an authorized Contracting Officer's Representative (COR) to supply the contractor with Government furnished data and services, and to forward other necessary documents or equipment. Contractor interpretation and associated guidance and direction from the Government shall not be official unless specifically provided by the COR for technical matter within the scope of the task order or the KO for all other matters. The COR will seek timely progress of the work and its satisfactory completion.

2.5. Government Project Manager: In addition to the COR, a Government Project Manager will 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.

2.6. Authorities and Technical Direction: The Contractor shall NOT perform services requested by any person other than the Contracting Officer (either verbally or in writing) which the Contractor considers to be an adjustment in the work scope that would require a change in contract prices. The performance of such services would be only after the Contractor submits a formal proposal to the Contracting Officer, negotiates a mutually satisfactory price, and receives a modification from the Contracting Officer including instructions to proceed.

3. Contract Performance Requirements

3.1. Work Plans. For each task order the Contractor is required to submit a Work Plan (WP) as appropriate. The WP describes the Contractor’s activities as outlined in the task order. The WP shall contain (when relevant) but not be limited to, the following:

Statement of the work to be accomplished including a statement of Data Quality Objective(s);

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 are compatible with Primavera or with Microsoft Project;

Permits, licenses, certificates, identification numbers, labeling and marking of containers, location of disposal facilities (investigative derived waste (IDW) decision tree), permitted status of disposal facilities, and other requirements for hazardous waste (see USACE Engineering Manual (EM) 1110-35-1, Chapter 8), if necessary;

Coordination with USACE for characterization and disposal of DOD-owned hazardous materials or waste IAW USACE EM 1110-35-1, Chapter 8;

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 to be utilized

3.2. 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 in the task order (s). 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 PWS. The data collection requirements shall be established in the task orders and be usable for evaluation and analysis, preparation of a problem solution and/or implementation of a response action(s) leading to problem resolution. Investigation may or may not be performed in conjunction with the response action, depending on the final task order. Work may include risk assessments, fate and transport, modeling, or other techniques to determine the potential risks to human health and the environment. The Contractor shall prepare associated reports as described in each individual task order. The Contractor shall have the capability and experience to provide a wide range of investigative and corrective action services required for regulatory compliance and implementation of the stipulated final solutions.

3.3. Analytical Testing. The Government requires the contractor to be compliant with the Uniform Federal Policy Quality Assurance Project Plan (UFP QAPP) format for all work plans prepared under this contract. The Government requires the contractor to use the most recent version of the Department of Defense Quality Systems Manual for Environmental Laboratories (DOD QSM) for all definitive environmental data. The DoD QSM is available at www.denix.osd.mil under announcements. The laboratory to be used shall be accredited by the DoD Environmental Laboratory Accreditation Program (ELAP) or by project-specific audit.

Because of the broad range of potential analytical services required for regulatory compliance, any necessary prime laboratory and secondary laboratory(ies) to be used for this type of contract work shall be identified in the task order level proposal. The recommendation for acceptability of the laboratory will be at the discretion of the USACE KO. If the laboratory fails to meet the project specific requirements at any time, the KO may request use of the laboratory be discontinued and analytical services be procured from a laboratory which can meet the project specific requirements.

Data shall be provided as Staged Electronic Data Deliverables (SEDD) minimum stage 2A.

The proposed laboratories shall follow, at a minimum, DoD QSM Version 4.2 project library;

along with the ADR.NET software for data verification of batch Quality Control (QC) parameters.

Sponsorship for ADR.NET software tools is available to Contractors. The Contractor must perform manual verification/validation of any analytical steps that are not automated within ADR.NET. This includes, but is not limited to data verification and validation of each method’s specific initial calibration, calibration verification and instrument performance parameters as specified in the USEPA methodology and DoD QSM. To complete the data assessment, data verification results that show exceedances will require further evaluation through data validation procedures. Data will be validated according to decision logic and data qualifiers outlined in the most recent version of the USEPA National Functional Guidelines or other project-specific guidance. Support for specific programs may also mandate the submission of biological and/or chemical sampling data in electronic formats for archival / retrieval within agency-specific database systems. For instance, U.S. Air Force projects will require an ERPIMS database format submission and the U.S. Army requires ERIS database format submission.

3.4. 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, cartography, and surveying. It does not include any engineering design, which would require a professional engineering stamp and signature. The successful 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, models, graphic information, maps, Computer Aided Design (CAD) generated drawings produced in accordance with http://www.buildingsmartalliance.org/index.php/ncs, and performance specifications. All required documents produced by the Contractor shall be submitted to the USACE Project Manager for approval.

3.5. Corrective and Preventative Actions, Mitigation, Restoration, and Operations and Maintenance. Corrective and preventative actions, mitigation and restoration may or may not be performed in conjunction with investigation and technical support depending on the individual task order. The requirements related to corrective actions will be described in detail in individual task orders.