Draft RFP W9128F21R0033 - 25 Feb 21.pdf

CODE

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PAGE(S)

until local t ime

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A X B X C

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X G F 118 - 126

127 - 144 H 145 - 154 glenda.a.canty@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)

1 154

(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 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)

GLENDA A CANTY 402-995-2059

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 13

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

14 - 38 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

40 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 41 - 43 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

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

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

13. DISCOUNT FOR PROMPT PAYMENT

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

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

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

FACILITY

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

SOLICITATION, OFFER AND AWARD

X

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

PART I - THE SCHEDULE

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

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

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

AWARD (To be completed by Government)

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

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

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

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

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

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

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

44 - 77

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

78 - 117

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

26 Feb 2021

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W9128F21R0033

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 240,000,000 Job Base Period - ERS w/MMRP UNR

FFP

Base Period - UNR Indefinite Delivery/Indefinite Quantity (ID/IQ) MATOC Award Task Order Contract (MATOC) with capacity of $240M for Environmental Remediation Services w/ Military Munitions Response Program (MMRP) in support of the U.S. Army Corps of Engineers, Northwest Division (NWD) and existing and future customers. Base Period of three (3) years from date of contract award.

FOB: Destination

PSC CD: F999

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED Job OPTION Option Period, ERS w/MMRP UNR

FFP

Unrestricted (UNR) Indefinite Delivery/Indefinite Quantity (ID/IQ) Single Award Task Order Contract (SATOC) with capacity of $240M for Environmental Remediation Services w/ Military Munitions Response Program (MMRP) West in support of the U.S. Army Corps of Engineers, Northwest Division (NWD) and existing and future customers. Option period two (2) years after expiration of base.

UNIT UNIT PRICE MAX AMOUNT

0003 UNDEFINED Job OPTION 6 - Month Option to Extend Services

FFP

n 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 - 6-Month Option to Extend Period Burdened Labor Rate, except for any revisions to the prevailing labor rages provided by the Secretary of Labor.

UNIT UNIT PRICE MAX AMOUNT

0004 UNDEFINED Job Contract 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.

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 1.00 $2,500.00 240,000,000.00 $240,000,000.00 0002 1.00 $2,500.00 240,000,000.00 $240,000,000.00 0003 1.00 $2,500.00 240,000,000.00 $240,000,000.00 0004 1.00 $1.00 240,000,000.00 $240,000,000.00

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 1.00

$2,500.00

240,000,000.00

$240,000,000.00

0002 1.00

0003 1.00

0004 1.00

$1.00

LABOR RATE SCHEDULE

19 January 2021

SECTION B - SUPPLIES OR SERVICES AND PRICES

1. Contract Definition The contract awarded under this solicitation will be an Indefinite Delivery/Indefinite Quantity (ID/IQ), Multiple Award Task Order (MATOC) contract for Environmental Remediation Services (ERS) under NAICS Code 562910, in support of the U.S. Army Corps of Engineers, Northwestern Division, Omaha District(USACE) and its existing customers. Task orders will be issued as the need arises during the ordering period. The contract will include Firm- Fixed Price or cost reimbursement task orders, for Environmental Remediation Services as identified in Section C.

The contract is required to be registered under NAICS code 562910 in the System of Award Management (SAM) located at https//www.sam.gov/SAM/.

2. Total Amount of Contract The total amount of contract capacity under this solicitation is estimated at $240 Million. There is no limit on the number of task orders that may be executed against this MATOC.

3. Guaranteed Contract Amount The minimum guarantee for the 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 The contract will have a basic ordering period of three years plus one two-year option period or until the $240 million contract limit is reached, whichever comes first. This contract also includes the clause 52.217-8 Option to Extend Services, which if necessary, allows the Government to extend the term of the Contract an additional six (6) months. The total length of the contract ordering period, including the exercise of all option periods, will not exceed five years and six months from date of contract award.

5. Pricing 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 1. 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 1, “Binding Capped Labor Rate Schedule.”

TABLE 1-BINDING CAPPED LABOR RATE SCHEDULE (FIRM-FIXED PRICE TASK ORDERS)

Labor Discipline

U nb ur de ne d

L ab or R at e

(B as e Pe ri od

B ur de ne d L ab or

R at e (B as e

Pe ri od

Y ea r 1)

B ur de ne d L ab or

R at e (B as e

Pe ri od

Y ea

2) de ne d L ab or

R at e (B as e

Pe ri od

Y ea

3) de ne d L ab or

R at e (O pt io n Pe ri od

Y ea

4) de ne d

L ab or R at e

(O pt io n

Pe ri od

Y ea

5) de ne d L ab or

R at e (6

M on th

E xt en si on

0001 - Program Manager

0002 – Project Manager

0003 – Contractor Q uality Control Supervisor (CQCS)

0004 – Safety and Health Manager (SHM)

0005 – Site Safety & Health O fficer (SSHO)

0006 – Geologist

0007 – Field/ Junior Geologist

0008 – Hydrologist

0009 – Geotechnical Engineer

0010 - Geophysicist

0011 – Program Chemist

0012- Chemist

0013– Risk Assessor/ Toxicologist

0014 – Civil Engineer

0015 – Environmental

0016 – Process Engineer

0017 – Engineer-Junior

0018 – Engineering Technician

0019 – Biologist

0020 – Regulatory Specialist

0021 – GIS Specialist

0022 – Estimator

0023 – Site Superintendent/ O n-Site Supervisor

0024 – Field Technician

0025 – Hazardous Waste/Transportation

0026 – CADD O perator

0027 – Word Processor

0028- Clerical

0029- Data Processor

0030- Data Base Administrator

0031- Community Relation

0032- Procurement

0033- Specification Writer

0034- Dive Supervisor

0035- Senior Contracts Manager

Provide a burdening calculation for the disciplines listed below, for example:

Burdened Rate = Applicable DoL Wage Rate (including haz pay if required) x (1 + FOOH) x (1 + G&A).

Burdening Rate Calculation

Senior UXO Supervisor

UXO Q C Supervisor

UXO Safety Officer

UXO Sweeper

UXO Sweeper 4% Pay Differential

UXO Sweeper 8% Pay Differential

UXO Technician 1

UXO Technician 1 4% Pay Differential

UXO Technician 1 8% Pay Differential

UXO Technician II

UXO Technician II- 4% Pay Differential

UXO Technician II- 8% Pay Differential

UXO Technician III

UXO Technician III- 4% Pay Differential

UXO Technician III- 8% Pay Differential

5.1.1. The capped hourly rates provided on Table 1 shall be “Fully Burdened,” i.e., shall include Overhead (OH), General/Administrative (G&A), Labor Burden Fringes, and any other indirect costs exclusive of 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 SATOC, to include all option periods and extensions. These rates are applicable to both task orders and modifications.

5.1.5. The capped hourly, fully burdened labor rates shall include all applied direct and indirect costs, e.g., direct labor costs, payroll taxes, insurance, benefits, applied OH, applied G&A, and other applied indirect costs, but shall not include profit.

5.1.6. 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).

5.1.7. If during the contract Period of Performance, the Offeror’s original key personnel 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 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.

5.1.8. 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.

5.1.9. The Offeror has the responsibility to provide labor rates that comply with all potential Service Contract Act wage determinations 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 RTOP.

5.1.10. 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.

5.1.11. The hourly burdened labor rates proposed by the Offeror shall include direct cost, payroll taxes, insurance, benefits, and applicable markups (e.g., Overhead, G&A, and other identified indirect costs), but shall exclude profit.

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.

5.2 Firm-Fixed Price Escalation and Maximum Profit

5.2.1. The escalation rate applied to Table 1 for Years 2 through 5 shall be provided by the Offeror in Table 2.

Table 2: 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 3, “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.

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

Table 3: Maximum Profit (Firm Fixed Price Task Orders and Modifications)

6. Cost Reimbursable Task Orders The contractor shall have the ability to support cost reimbursement task orders (i.e., 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 task orders will be issued as a completion form Cost Plus Fixed Fee (CPFF). The Government will not reimburse the contractor for preparation and negotiation of task orders.

6.1 Accounting System

The contractor will use DCAA approved forward pricing rates or Certified Public Accountant (CPA) established cost pools in accordance with FAR Part 31 for applied Overhead, G&A, and other indirect applied rates, and shall have an accounting system that is in compliance with Generally Accepted Accounting Principles (GAAP). The Cost Accounting System must be determined by the Government to be adequate for determining costs applicable to the contract or order prior to contract award, in accordance with FAR 16.301-3. In order for the Government to make the determination, the Offeror should complete the Standard Form 1408 "Preaward Survey of Prospective Contractor Accounting System" and submit the SF 1408 with its proposal, if the Offeror does not have a current DCAA audit specifying that the Cost Accounting System is adequate. The offeror will submit the DCAA audit specifying that the offeror’s accounting system is adequate for determining costs to the contract or order or the offeror will submit a completed SF1408.

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 Fixed Fee shall be provided by the Offeror in Table 4, Maximum Fixed Fee, and is 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.

Table 4: Maximum Fixed Fee

7. Binding Capped Rates for Firm-Fixed Price Task Orders

7.1. 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 Firm-Fixed Price task orders shall also apply to all modifications. The Offeror may use lower rates in proposals, but not higher.

Overhead, G&A, and other indirect rates become the cap for that specific task order. However, it does not affect the Overhead, G&A and other indirect rates used on other task orders. The Offeror shall provide the rates for each applied rate, e.g., Overhead, G&A, and other indirect rates in Table 5. The capped rates provided by the Offeror are binding upon contract award for the life of the SATOC, to include all option periods and extensions.

7.2. The Offeror shall also provide an example of how the rates are applied to Direct Labor, Subcontractor costs, materials costs, and other direct costs.

Table 5: Binding Indirect Capped Rates

Indirect Rate Category Base

Period (Year 1)

Base Period

(Year 2)

Base Period

(Year 3)

O pt. Period (Year 4)

O pt. Period (Year 5)

6-Month O pt. to Extend

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

Other (Identify)

Other (Identify)

7.2.1. The Binding Indirect Capped Rates represent 1) a breakout of the caps/markups incorporated into the Binding Labor Rate Schedule; 2) caps/markups on materials/services; and 3) caps/markups to be applied to future task order modifications.

7.2.2. The Binding Indirect Capped Rates represent the maximum rates that the Contractor shall use when responding to a task order request issued by the Government. These Binding Indirect Capped Rates shall also apply to all modifications. The Contractor may propose lower rates for these when responding to the task order request or modification requests.

7.2.3. Adherence to these rates will be reviewed through submittal of supporting documentation by the Contractor with each task order proposal. Failure to propose the binding rates or a lower rates may result in the Contractor’s task order proposal being rejected for award consideration.

7.2.4. The Binding Cap 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 Indirect Capped 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 2021 for 12 months work, the maximum rates will be the rates that were effective on 1 November 2020. Under the same assumptions, if a modification to the Task Order is required in December 2021, the Binding Cap Rates effective on 1 November 2021 will apply.

8. Department of Labor 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)

Section C - Descriptions and Specifications

STATEMENT OF WORK/PWS

Section C - Descriptions and Specifications

1. CONTRACT PROCUREMENT OBJECTIVE AND OVERVIEW

This is a Multiple Award Task Order Contract (MATOC) Indefinite Delivery/ Indefinite Quantity (ID/IQ) contract for Environmental Remediation Services (ERS), under NAICS Code 562910, to respond to numerous requests for environmental support for the U.S. Army Corps of Engineers Northwestern Division, Omaha District. This ID/IQ contract will support of the US Army Corps of Engineers (USACE) located anywhere within the USACE Northwestern Division and existing customers. However, contract capacity may be shared with other CONUS geographic USACE Districts where the principles of the ER-1-10 and Project Management Business Process have been met. The contractor shall provide environmental support as requested in the task orders (TOs) issued under this contract. This contract requires the contractor to perform all work necessary to complete these task orders, to include completing simultaneously executed TOs.

The contractor shall provide services related to requirements of the Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the Clean Air Act, and other related Federal Programs in addition to State/Local specific regulations/requirements. Remedial actions may address both regulated and non-regulated toxic substances. In addition, incidental/minor construction activities may be included for ERS task orders, where these requirements are in direct support of specific activities.

The contract awarded will be firm-fixed price for a wide range of environmental remediation services at various known or suspected Hazardous, Toxic, and Radioactive Waste (HTRW) or MMRP sites or Natural Resources area.

Note: HTRW includes any material listed as a "hazardous substance" under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq (CERCLA). (See 42 U.S.C. 9601(14).) Hazardous substances regulated under CERCLA include "hazardous wastes" under Sec. 3001 of the Resource Conservation and Recovery Act, 42 U.S.C. 6921 et seq; "hazardous substances" identified under Section 311 of the Clean Air Act, 33 U.S.C. 1321, "toxic pollutants" designated under Section 307 of the Clean Water Act, 33 U.S.C. 1317, "hazardous air pollutants" designated under Section 112 of the Clean Air Act, 42 U.S.C. 7412; and "imminently hazardous chemical substances or mixtures" on which EPA has taken action under Section 7 of the Toxic Substance Control Act, 15 U.S.C. 2606.

Project specific task orders will be issued under the basic contract and any exercised option period thereto. 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 the USACE on any site will be dependent on the current status of the site. Each task order will define the performance requirements of the contractor. Task orders may require but will not be limited to any combination of the requirements stated in Section 2 below.

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.

Exclusive of the project management functions, the contractor may utilize subcontractors identified in the accepted proposal or subsequently approved by the USACE KO to perform any of the functions required within the specific task orders. Task orders issued under this contract will be firm-fixed price.

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 stated in Section 8 of this Solicitation and/or subsequent task orders issued after award of the contract, unless otherwise specified.

1.1 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 their 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 immediately.

1.2 ARMY, AIR FORCE, AND FORMERLY USED DEFENSE SITES (FUDS) ENVIRONMENTAL

REMEDIATION SERVICES (ERS) PROGRAM

The contractor shall conduct work in the following areas to include by not limited to: assisting with ERS and MMRP activities at active military installations as part of the Department of Defense Environmental Restoration Program and at formerly used defense sites as part of the Department of Defense Environmental Remediation Program.

Activities include preliminary assessment, site inspections, remedial investigations, feasibility studies, and site remediation. The contractor shall provide services related to requirements of the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), and other related Federal Programs in addition to State/Local specific regulations/requirements dealing with hazardous waste management/disposal and with Underground Storage Tanks (USTs), and other fuels related issues. The ERS actions may address both regulated and non-regulated toxic substances. As part of any site remediation activities, incidental/minor construction may also be included in the ERS contracts. The Contractor shall be familiar with, understand, and have prior experience executing projects within the regulatory process (CERCLA/RCRA) and phases normally utilized to perform the above listed actions. The contactor shall be familiar with, understand and have prior experience in performing the specific tasks anticipated to be performed under this contract to include, but not limited to the following actions as stated in Section 2.

STATEMENT OF WORK (SOW)/ PERFORMANCE WORK STATEMENT (PWS)

2. GENERAL

2.1 DESCRIPTION OF WORK

This Environmental Remediation Services (ERS) capabilities contract, will support work assigned to the U.S. Army Corps of Engineers (USACE), Northwestern Division; for HTRW sites and Munitions and Explosive Concern (MEC) sites. Services may include, but are not limited to, the assessment, inspection, investigation, study, control, characterization, containment, removal and/or treatment of environmental contamination from pollutants, toxic substances, perfluorinated compounds, radioactive materials, and hazardous materials. ERS projects include both civilian and military agencies of the Federal Government. This contract for ERS w/MMRP will include 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.

The ERS activities include preliminary assessments, site inspections, remedial investigations, feasibility studies, and site remediation including excavation/removal of contaminated soil, off-site disposal of contaminated soil, and installation of treatment systems. The ERS actions may address both regulated and non-regulated toxic substances and emerging contaminants. As part of any site remediation activities, such as during the Remedial Action – Construction phase of the project, incidental construction [i.e. treatment plant construction (assembly), potable water hook-ups, temporary site stabilization, drainage modifications, etc.] may also be included in this contract; however, construction activities will be incidental to the remediation effort.

The Contractor shall be responsible for acquiring the latest version of applicable regulator 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.

2.2. SCOPE OF WORK

The contractor shall have the capability and experience to perform or provide a wide range of ERS with MMRP services at hazardous waste sites. These efforts may include site investigations, studies, environmental removal actions, remedial actions, demonstration projects (pilot studies), as well as related activities necessary to ensure complete and successful site remediation. The scope of the ERS work includes military munitions response actions.

Contaminants of concern to be addressed under this contract include but are not limited to: perfluorinated alkyl substances (PFAS), petroleum, oil, and lubricants (POLs), volatile organics including chlorinated solvents, semi-volitile organics, polychlorinated bipheynls (PCB), metals, explosives and other munition constituents

The ERS activities include, but are not limited to, sampling and laboratory analysis of soil, groundwater, surface water, air, and sediments; monitoring well, extraction well, and injection well installation, monitoring, and maintenance; supporting facilities for incidental construction; work plan preparation; completion reports, periodic monitoring reports, operation and maintenance/repair of remedial systems; monitoring reports, and other documents as needed; demolition; and public relations activities. The ERS actions may address both regulated and non-regulated toxic substances and emerging contaminants.

2.3. COST REIMBURSEMENT TASK ORDERS

2.3.1. GENERAL

Cost control is important in cost reimbursement task orders. It is imperative that the Contractor be capable of estimating, budgeting, accounting, and reporting costs by work breakdown structure (WBS) and/or Contract Line Item Number (CLIN). In accordance with FAR 16.104(h), the Contractor must be capable to track costs on cost-reimbursement task orders. The Contractor shall make available, upon request, supporting documents and provide for physical inspection or demonstration at the appropriate office, of its accounting system capabilities to support cost reimbursement contract accounting needs.

2.3.2. COST TRACKING ASSOCIATED WITH COST REIMBURSEMENT TASK ORDERS

The Contract’s cost tracking system is considered critical to the success of cost reimbursement task orders. This cost tracking system 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.

As a minimum, the cost tracking system must have the following capabilities to adequately track cost reimbursement task orders.

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

•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, as defined in the Task Order.

2.3.3. MANAGEMENT ORGANIZATION, RESPONSIBILITIES, AND AUTHORITIES

The objective of cost reimbursement Task Orders is to obtain the specified work or service on time, with quality work, at the lowest possible cost. As such, the Contractor must demonstrate a management team and organization capable of performing its own management and subcontract management effectively and efficiently. Managers identified as key personnel must have the relevant experience and education to perform the possible scope of services. The only Government authority under the cost reimbursement taks order is the Contracting Officer (KO).

Representatives of the Contracting Officer appointed in writing as authorized Contracting Officer's Representative (COR) also serve as representatives for the KO. Only the KO may change the scope, change the contract obligation amount or change the schedule.

2.3.4. COST REIMBURSEMENT TASK ORDER CLOSEOUTS

Cost reimbursement task orders may require a final audit by the cognizant audit office of the Federal Government based on the final cost of the Task Order. The Contractor is expected to provide procedures and processes that facilitate quick subcontract and supplier closeout and resolution of disputes.

2.4. PERFORMANCE-BASED TASK ORDERS

All task orders issued under this SATOC shall be performance-based task orders as in Federal Acquisition Regulations (FAR) 37.6. Performance-based task orders, with a tailored task order specific Quality Assurance Surveillance Plan (QASP), will be issued IAW FAR 37.102 against the awarded contract unless the required approval is received in accordance with AFARS 5137.170-2.

2.4.1. Services that may be required in an ERS task order include, but are not limited to: preparation of work plans following the Uniform Federal Policy (UFP) Quality Assurance Project Plan (QAPP) guidelines; studies with associated reports; multiple phases of field investigations; preliminary assessments (PA); site inspections (SI) and remedial site inspections; remedial investigations (RI); feasibility studies (FS); Engineering Evaluation Cost Analysis (EECA); monitoring well installation and sampling; short and long term monitoring/long term operations (LTM/LTO) or Long Term Response Action (LTRA); data management; data interpretation; emerging contaminate studies through remediation; engineering evaluation and corrective actions; optimization studies; ground-water modeling; geophysical surveys; remediation cost estimates; management of non-hazardous and hazardous investigative derived waste (IDW); environmental and human health risk assessments; risk-based remediation; air emission issues including vapor intrusion; surface water discharge, applying for environmental permits, remedial design; well abandonment; meetings; public meeting participation; preparation of presentation material both written and visual; hydrological, sediment and soil studies; project reports; engineering support and/or design; value engineering studies; operations and maintenance (O&M) for HTRW sites; energy evaluations for remediation systems; remedial action plans; remedial actions; removal action plans; removal actions; MEC construction support;

range clearance activities; site closeout/decision documents; abandoned mines program support; other military munitions activities; and, future project programming and scheduling support.

2.4.2. Preliminary Assessments/ Site Investigation activities could include, but are not limited to records and document reviews; Site surveys; and Document Research.

Preliminary Assessments performed under this contract at sites shall be in compliance with EPA guidance EPA/540/G-91/013 resulting in a comprehensive evaluation of the potential for contaminated media or hazardous waste to be present on the site. The Preliminary Assessment shall result in identification and documentation of processes carried out on site that may have used contaminants of concern, specific chemicals that would have been utilized by DoD for those processes during the time frame in question, identification of areas of concern at the site where contaminants may have been generated, processed, stored, or disposed of by past DoD activities, and identification of areas of specific concern where performance of Site Inspection sampling should be performed to further evaluate potential DoD releases.

Site Inspections included under this scope shall be in compliance with EPA guidance EPA/540-R-92-021 and as guided by the CSM developed for the site, to confirm or refute, with a high degree of statistical confidence, the presence of contamination at concentrations posing an unacceptable risk to human health or the environment in all potentially impacted site media and, if possible to identify potential source areas for those contaminants.

2.4.3. Remedial Investigation/ Feasibility Studies (RI/FS) activities could include, but are not limited to Geographical information system (GIS) support for project activities; visual surveys; preparation of impact analysis, environmental impact statements, and various agency specific plans for compensatory mitigation projects; field investigations to include soil delineations, monitoring well installation and sampling; Life Cost Analysis, including evaluation of available corrective actions and recommendations for the most environmentally sound cost-effective alternatives; Environmental and human health assessments; Hydrological and soil studies; management of investigative derived waste; Well abandonment including all associated piping and accessories; and Reconnaissance and Site Specific Feasibility Studies.

Remedial Investigations (RI) shall be in compliance with EPA guidance EPA/540/G-89/004 that result in the collection, compilation and evaluation of data necessary to define source areas of contamination, the potential pathways of contaminant migration, and the lateral and vertical extent of contaminant plumes in all site media. The RI shall define the extent of contamination, especially source areas and the plume core, to allow estimation of the volume requiring remediation and determination of remedial costs without excessive cost risk during the RD/RA phase of the project. The RI shall result in development of a comprehensive conceptual site model which identifies migration pathways and fate and transport processes affecting each contaminant, which identifies potential receptors and complete exposure pathways to the extent necessary to determine whether a threat to human health or the environment exists, and to quantify that risk for all receptors. The RI shall include a comprehensive risk assessment for all identified contaminants of concern The RI shall include consideration of applicable general response actions and preliminary remedial alternatives to ensure collection of all pilot study, treatability, or high resolution site characterization data necessary to develop and evaluate remedial alternatives (including the no-action alternative) in the feasibility study.

Feasibility Studies will be in accordance with EPA guidance. The data needs of the feasibility study must be considered during the scoping and execution of the remedial investigation to ensure that appropriate general response actions, representative technologies, and applicable remedial alternatives for the site are identified and evaluated in coordination with the evolution of the conceptual site model as the RI progresses, and that field data needs necessary to confirm the efficacy of the technologies screened as applicable to the site (e.g. contaminant interactions, bioremediation related geochemistry, soil chemistry, high resolution site stratigraphy, injection/extraction radius of influence) are identified and collected.

2.4.4. Remedial Action Phase activities could include, but are not limited to the following: air sparging; soil vapor extraction; bioremediation; asbestos and lead-based paint remediation; radon abatement; landfill capping and collection systems; building remediation and demolition; sediment remediation; air discharge systems; ground-water extraction and injection systems; air stripping; carbon absorption; ground-water treatment systems; incineration of soils; low-temperature thermal desorption; mixed water disposal; solidification of contaminated matter; soil washing; detection, recovery, and disposal of MEC or any in-situ or on-site treatment methods. Remedial Actions may address both regulated and non-regulated toxic substances. Incidental construction may also be included in the ERS contracts however, construction activities must be incidental to the ERS work.

2.4.5. Proposed Plans/Records of Decision (PP/RODs) activities could include, but are not limited to the following:

Geophysical mapping and associated activities; Alternative Analysis; and Land Use Controls (LUCs) decisions.

2.4.6. Interim Removal Actions (IRAs) activities may be required to mitigate imminent endanger to human health or the environment resulting from situations including but not limited to, exposed and readily accessible surface or near surface HTRW or munitions, from vapor intrusion, from impacts to active potable groundwater sources, from impacts to landfills or contaminated soil volumes, posed by erosion or other causes. Removal actions can be both time critical and non-time critical and could include, but are not limited to the following: provide alternative water supplies, provide water treatment systems for contaminated private water wells, perform removal and/or isolation of exposed or near surface contaminants or munitions, provide landfill cover stabilization, provide erosion control, install groundwater containment systems to prevent impact to potable water wells or surface water releases.

2.4.7. Remedial Design/ Remedial Actions (RD/RA) activities could include, but are not limited to the following:

GIS support for project activities; Engineering support and/or design; asbestos, lead-based paint, and radon abatement and remediation; Landfill capping and collection systems; evaluations for remediation systems to include:

air sparging; soil vapor extraction; bioremediation; air discharge systems; air stripping, carbon absorption;

groundwater treatment systems; incineration of soils; soil washing; any in-situ or site treatment method; low-temperature thermal desorption; and building remediation and demolition; sediment, mixed water; and contaminated matter remediation and disposal; and Remedial Design documentation and Remedial Action Plans.

2.4.8. The successful Contractor shall perform all necessary planning, fieldwork, and implementation of the response actions requirements identified. The Contractor selected for this work shall have the capability and experience to perform a wide range of response actions and removals for ERS sites including, but not limited to: On-site source control and containment using a variety of technologies; on-site treatment using a variety of technologies; Preparation of Manifest for Customer Signature; Transportation to and/or disposal of waste in off-site facility; Survey removal, transportation and disposal of asbestos-containing materials; installation of all support facilities; and preparation of all applicable O&M Manuals and associated training of facility personnel for equipment installed. The contractor shall be sufficiently capable and experienced to effectively identify changes in the CSM resulting from data collection and field conditions observed during the remedial action, to update the CSM, and to adaptively manage project execution within constraints of the scope and applicable regulations to ensure the performance objectives of the scope are fully met and protectiveness of the remedial action is maintained.. Response actions may or may not be performed in conjunction with investigation and engineering support depending on the individual task order. The requirements related to response actions will be described in detail in individual task orders.

2.4.9. The Contractor may be required to perform both Short and Long Term Operation and Maintenance of facilities constructed under this Contract for the period specified (inclusive of facilities constructed through other contracts or under other task orders issued under this contract). Short term O&M is a requirement during initial startup and shakedown of any active treatment or containment system installed by the contractor. Other short term O&M requirements may be identified associated with short term interim actions. contract gap filling, or other reasons. Long-Term Operations/ Long Term Monitoring (LTO/LTM) activities could include, but are not limited to the following: groundwater containment/extraction or amendment recirculation systems, soil vapor extraction systems, air sparging systems, monitoring and optimization of in-situ amendment based remedial actions, monitoring and revitalization of in-situ permeable barrier walls.

2.4.10. Pollution Prevention activities could include, but are not limited to the following: Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) Superfund Amendments and Reauthorization Act (SARA) compliance (does not include remedial design or remedial action); Resource Conservation and Recovery Act (RCRA) compliance, including temporary…