Draft Statement of Work - El Toro IRP.pdf

IRP Range Vegetation Mowing Statement of Work Version 1.0 Page 1

FEDERAL BUREAU OF INVESTIGATION

FINANCE AND FACILITIES DIVISION | PROCUREMENT

SECTION

Statement of Work (SOW) IRP Vegetation Mowing for

Jerry Crowe Regional Tactical Training Facility

April 1, 2024

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Scope

The FBI requires a Biological survey along with Inactive Range Clearance with mowing at the EOD Range previously named as Naval Base El Toro. This requirement will require Periodic clearance of Unexploded Ordnance (UXO), ordnance scrap, and target debris, and ensures that these materials do not present an environmental and/or safety concerns. The contractor shall furnish all management, labor, tools, material, equipment, and insurance necessary to perform these services for these known FBI owned location:

El Toro Range – Irvine, CA

This is a non-personal services contract. The Government shall not exercise any supervision or control over contractor employees performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

Description of Services

The contractor shall perform a surface check for munitions ahead of vegetation mowing activities.

All field work will be performed under the supervision of USAE’s Field Management Personnel. This site is considered an Unexploded Ordnance (UXO)/munitions response site (MRS), USAE will provide subcontractor personnel with UXO escort support by UXO-qualified personnel at all times while site activities are being performed and as required by explosive safety regulations.

The contractor will also be required to provide a biological monitor of the site before the mowing of the area listed above.

Background

The current FBI owned location(s) are listed below:

Jerry Crowe Regional Tactical Training Facility (El Toro Range) – Irvine, CA The Federal Bureau of Investigation has a training facility located in Irvine, California.

Applicable Documents

The following documents shall be maintained, updated, and remain current:

1. Key personnel listing/staffing roster.

2. QA reports reviewed by the FBI and QC reports reviewed by the Contractor.

3. Certified payroll by labor category.

4. Quality control program and assessments.

5. Accident prevention program.

6. Safety and OSHA reporting program.

The Contractor shall provide a detailed report of all work performed. The report’s format is at the discretion of the Contractor, but at a minimum, it shall be in Microsoft Word or Excel. This can be adjusted as agreed upon by the COR and the Contractor’s program manager. The Contractor shall maintain a comprehensive reference library to include all records, plans, and data generated in the performance of

IRP Range Vegetation Mowing Statement of Work Version 1.0 Page 3 this contract. This information must be made available to the Government when requested and is considered to be the property of the Government. The Contractor shall safeguard this information as Sensitive but Unclassified Building Information (SBU).

Requirements

This is a non-personal services contract. The Government will not exercise any supervision or control over contractor employees performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

Task Descriptions

Mowing of approximately 60 acres of grassland at IRP Site 1 to reduce the fire potential. A UXO technician will traverse the site in advance of the mower, conducting a detector-aided surface sweep, to locate any previously identified (flagged) or visible but unflagged MPPEH items. Any metallic objects will be evaluated by a qualified UXO technician for explosives safety. All items determined to be MDAS or non-munitions scrap metal will be properly documented as to classification, and then transported on-site to a lockable container in preparation for eventual pickup by the FBI approved scrap metal recycler. Items classified as MPPEH or MEC will be documented as to classification and location and a determination will be made if the item is safe to move. If safe to move, the item will be transported on-site to a dedicated MPPEH Type II explosives storage magazine, where the MPPEH or MEC item will be stored until subsequent demilitarization operations at the conclusion of the project. If an MPPEH or MEC item cannot be determined safe to move, the item will be demilitarized by blow-in place demolition shot procedure.

Any scrap metal collected after demilitarization operations will be placed within the lockable storage container in preparation for eventual pickup by the FBI approved scrap recycler.

Miscellaneous non-intrusive activities, such as biological reconnaissance, groundwater monitoring, and land surveying, will also be conducted at the site. The activities will be conducted in areas that have been previously surface-cleared by qualified UXO personnel. In addition, paths to and from the activity locations will be cleared and clearly demarcated. All personnel conducting these activities will be properly briefed on site safety including the need to remain within the cleared and delineated areas.

Mowing will be conducted in all areas of grassland within IRP Site 1 that do not contain coastal sage scrub (CSS). Additionally, installation of monitoring and injection wells will be conducted within those same grassland areas. However, due to proximity to CSS and the possibility of encountering ground-nesting birds, a qualified biologist will perform monitoring in accordance with the requirements of the Migratory Bird Treaty Act (MBTA) and the informal Section 7 consultation between the FBI, Navy and U.S. Fish and Wildlife Service. The biological monitor will search for and provide avoidance measures for active bird nests within one week prior to the mowing or drilling operations. If the biological monitoring is conducted in areas not Explosives Safety Submission February 2013 Maintenance Mowing and Groundwater Remedial Action, IRP Site 1 previously surface-cleared of munitions, then the biological monitor will be escorted by a UXO Technician II. If any birds protected by the MBTA or the Federal Endangered Species

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Act are found to be nesting, the nests will be marked by the biological monitor for avoidance by the mowing activities.

Safety

1. Safety Requirements: The Contractor shall comply with safety and health regulations established by the local, State and Federal occupational safety and health and environmental protection agencies.

2. Accident Reporting: Any accident or other damage involving any person, vehicle, equipment and/or Government property shall be reported verbally to the COR or delegate the same day of the incident. Contractor personnel shall submit OSHA-300 and 301 forms for reporting incidents to the COR. The forms are for furnishing information that shall also include, but not limited to, the following:

1. Time and date of occurrence.

2. Place of occurrence.

3. List of persons directly involved, and any injuries sustained.

4. List of vehicles, equipment and/or property damage incurred.

5. Narrative description of the incident that includes a chronological order of the incident and circumstances.

3. Emergency Medical Services: No emergency services exist on either site. First Aid kits with limited supplies and equipment are located throughout the facilities. In the event of a medical emergency while on site, the Contractor staff shall call 9-1-1 and respond to the emergency as the first priority. Immediately afterward, the Contractor shall notify the FM and the COR of the emergency, and the actions taken. The Contractor shall provide appropriate safety protocols and medical care for its employees per OSHA regulations and industry standards.

4. Health and Safety: The Contractor shall have all safety consultations performed by a certified safety manager. The health and safety of Contractor personnel as well as that of the Government are very important areas of this program. The Safety person shall be authorized by the Contractor to implement immediate corrective action and enforce the standards as needed or as safety issues/violations arise. The Contractor safety representative shall oversee Contractor personnel and subcontractors only. The FBI safety representative shall have the authority to oversee all personnel and the site.

5. Life Safety Logbook: The Contractor shall maintain a life safety logbook containing information and guidance on the management of systems and all service records.

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6. Escorting Subcontractors: The Contractor may have subcontractors provide services on site. Arrangements/scheduling need to be coordinated with the FM. Approval must be obtained from Security to allow uncleared subcontractors on site. Uncleared subcontractors shall be escorted 100% while on the FBI site.

Quality Control

The Contractor shall be responsible for the Quality Control (QC) of its work. The Contractor shall maintain positive QC to ensure the best results for all work activities. All Contractor employee work activities are subject to review by the COR or designated individual for Government Quality Assurance (QA). Remedies for corrective actions by the contractor shall not incur additional cost to the Government. The Contractor may recommend adjustments to the quality control plan as needed, and as a minimum once per quarter to adjust inspection / evaluation / approval criteria for QC approvals.

Meetings

The Contractor shall meet with Government representatives and the COR as directed by the COR at no additional cost to the Government. Meetings may be held in any of the facilities covered by this SOW to review schedules, planning and performance.

Deficiencies in Contractor Performance

In accordance with FAR clause 52.246-4, Inspection of Services – Fixed Price and 52.246-6, Inspections of Services – Time-and-Material and Labor Hour if any of the services performed do not conform to the contract requirements, the Government may:

1. Require the Contractor to perform the services again in conformity with the contract requirements, at no additional fee.

2. Reduce the fee payable under the contract to reflect the reduced value of the services performed.

3. By contract or otherwise, perform the services and reduce any fee payable by an amount that is equitable under the circumstances.

Key Personnel The contractor shall ensure that proposed staffing for the project is retained and assigned to the project upon contract award. If during the administration of the contract, an assigned employee secures employment with another company, the Contractor shall provide qualifications of replacement personnel

IRP Range Vegetation Mowing Statement of Work Version 1.0 Page 6 for review by the FBI CO/COR. If any time during the contract the contractor’s personnel exhibit professionally unacceptable behavior, they will be subject to immediate removal.

As a minimum, the following conditions shall apply to all proposed Key Personnel:

a) The personnel designated as key shall be the Contractor Project Manager and the site leads for each of the site. Personnel shall be properly licensed and certified to work on facility systems or equipment for which licensed and or certified personnel are required by Federal, State, or local law, codes, or ordinances.

b) Upon award and upon designation, Key Personnel shall provide completed applications and all related information for FBI site access.

c) Key Personnel shall not be removed, reassigned, or replaced without prior written approval of the FBI Contracting Officer (CO). Prior to replacement of any Key Personnel, the Contractor shall notify the CO and the COR in advance and shall submit justification (including proposed substitutions with resumes) in sufficient detail to permit evaluation of the impact on the project. The personnel cannot be substituted without permission of the Contracting Officer.

d) All personnel shall possess the proper state and local licensing and or certifications related to tasks required.

The contractor shall ensure that proposed staffing for the project is retained and assigned to the project upon contract award. If during the administration of the contract, an assigned employee secures employment with another company, the Contractor shall provide qualifications of replacement personnel for review by the FBI CO/COR. If any time during the contract the contractor’s personnel exhibit professionally unacceptable behavior, they will be subject to immediate removal.

As a minimum, the following conditions shall apply to all proposed Key Personnel:

Staffing

The Contractor shall maintain proper staffing levels for the duration of the contract period of performance to ensure proper performance under this contract and meet all requirements. For clarification, appropriate staffing for the contract shall be maintained by the Contractor at all times.

Place of Performance

The primary place of performance will be at FBI and DOJ facilities in the following location:

El Toro Range – Irvine, CA

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Period of Performance

The period of performance for this contract will be a one (1) year base period (e.g., 06/05/2024- 06/04/2024) with 4 option years for a total of 5 years.

Deliverables

The Contractor shall provide monthly status reports to the Contracting Officer (CO) and the Contracting Office Representative (COR). The format will be agreed to by the Contractor and COR at the start of performance, but the contents shall contain the following, at a minimum: Staffing Summary, Hours and Work performed, Current Management and Administrative problems, and any action items.

The Contractor shall be responsible for providing the following deliverables:

Deliverable Title Deliverable Date Deliverable Receipt

Delivery Method

Kick Off Meeting Agenda and Presentation Materials

No more than 10 calendar days after award

CO and COR

Electronic

Project Management Plan Draft 10 Days after award Final 30 days after award

COR

Staffing Plan Draft during RFP Final 10 Days after award

Status Report Format A recommended format is due from the contractor to the FBI within 30 days after contract award.

Accident Reports 72 hours after the accident COR Electronic

At no additional cost to the FBI, the contractor SHALL:

A. Provide all necessary home office support and any associated costs for contractor-provided job-site staff.

B. Indemnify and hold harmless the FBI from and against all claims, damages, losses and expenses including, but not limited to, attorney fees arising out of or resulting from performance of services under this Contract provided such claim, damage, loss expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Project itself), including the loss of use resulting therefrom, IRP Range Vegetation Mowing Statement of Work Version 1.0 Page 8 and (2) is caused in whole or in part by any negligent act or omission of the contractor.

C. Promptly return all drawings and other documents loaned by the FBI upon completion of this Contract or as requested by the FBI. All such items SHALL be delivered to the COR.

The FBI assigned COR will arrange for:

1. A list of Government-designated tenant POCs of each facility being evaluated

2. Contractor meetings with Government-designated tenant POCs as necessary to get first-hand knowledge of general condition and specific problems with the Facilities. For pricing purposes, estimate one (1) meeting for each location.

3. Meeting times and facilities access with Government-designated POC’s.

The Contractor shall provide a detailed report of all work performed while on site. The report’s format is at the discretion of the Contractor, but at a minimum, it shall be in Microsoft Word or Excel. This can be adjusted as agreed upon by the COR and the Contractor’s Program Manager. The Contractor shall maintain a comprehensive reference library to include all records, plans, and data generated in the performance of this contract. This information must be made available to the Government when requested and is considered to be the property of the Government. The Contractor shall safeguard this information as Sensitive but Unclassified Building Information (SBU).

Personnel Availability

Onsite work hours/days shall be a minimum of Monday through Friday, 7:00 am – 4:00 pm, excluding weekends and Federal Holidays. Flexibility within the normal workday shall be coordinated with the COR.

For example, if the Contractor needs to work from 6:00am- 3:00pm, this must be coordinated with the COR because it falls outside the normal working hours.

Security Requirements

Performance under this contract requires personnel to hold Secret clearances. The FBI reserves the right to revoke access to information, facilities, or property where such access is no longer consistent with the FBI’s mission and responsibilities. Knowing, willful, or negligent disclosure of FBI or Intelligence Community information to unauthorized persons, without prior written FBI approval, may subject the violator to appropriate penalties and sanctions under the law.

All information developed from this is for the exclusive use of the FBI. All information products, briefings, and other documentation that are designed and produced by the Contractor and/or any other agent of the contract is the property of the FBI.

All contractor personnel working on site at any FBI facility shall meet the following qualifications:

Possess a valid U.S. driver’s license.

Pass a criminal background check.

Possess a Secret clearance.

Follow all FBI security policies and procedures.

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All subcontractors brought on site for services must be escorted 100% of the time while the subcontractor is on site. Approval shall be obtained from FBI Security prior to subcontractor arrival.

Subcontractor visits shall be coordinated with the FM.

The Contractor shall develop and maintain a security plan to ensure that the Contractor understands the security requirements. The Contractor shall submit the security plan to the COR no later than thirty (30) days after contract award. The Contractor and all contract employees shall understand that violations of the site security requirements can result in removal from the contract, and/or legal penalties.

Government Representatives

The functions inherent to this contract shall be performed by the designated Contracting Officer. The duly assigned COR shall ensure all actions pertaining to this contract are requested via the Contracting Officer.

Contracting Officer Representative

The COR will be identified via letter of COR delegation authority for this contract. The COR is responsible, as applicable, for: receiving all deliverables, inspecting, and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the Contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

The COR does not have the authority to alter or modify the Contractor's obligations, contract terms, conditions, specifications, or cost. If as a result of technical discussions, it is in the Government’s best interest to alter/change contractual obligations or the Scope of Work, the CO shall issue such changes.

The COR for this contract is:

Jonathan Ratcliffe Contact information will be provided to awardee

Contracting Officer

This contract will be administered by:

Nicolas Shockley Contact information will be provided to awardee

Travel

When required and authorized by the COR, travel must be conducted in accordance with Federal Travel Regulations.

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Invoicing Procedures

The Federal Bureau of Investigation (FBI) utilizes an electronic invoicing system, the Invoice Processing Platform (IPP), to comply with the Office of Management and Budget’s 2018 electronic invoicing mandate.

Invoices shall be sent directly to the COR for review before sending to the CO as a final invoice. Initially, the Contractor shall submit a draft itemized invoice via email directly to the COR (identified in the task order) for review of work performed and/or concurrence with the charges (this is called the “Pencil Copy”). Upon securing the COR concurrence, the invoice shall send by the contractor through the IPP platform.

IPP is a secure, web-based electronic invoicing system provided by the U.S. Department of the Treasury’s Bureau of the Fiscal Service in partnership with the Federal Reserve Bank of St. Louis (FRSTL). IPP is available at no cost to any commercial vendor or independent contractor doing business with a participating government agency. To learn more about IPP, please visit IPP.gov.

Action to take:

If you are already enrolled in IPP:

If your company is already registered in IPP, you will not be required to re-register. Please contact your organization’s IPP account administrator so that he/she may add you as an additional user to your company’s vendor profile. If necessary, update and/or correct relevant user data in your company’s IPP collector account. Additionally, please ensure that your company is registered in SAM.gov. Your company’s Electronic Business POC in SAM.gov will be designated as an IPP administrator by default. This individual will be responsible for initial account registration as well as creating and managing your company’s IPP users and permissions.

Upon notification by a Contracting Officer (signed purchase order, signed purchase order modification, etc.), please submit your invoices via the IPP system. The cover pages of applicable purchase orders and purchase order modifications will contain the following advisory: “Send all invoices via IPP, NOT central_invoices@fbi.gov.”

If you are NOT already enrolled in IPP:

If your company is not registered to use IPP, no action in IPP is required at this point in time. The FBI will enroll your company by using the provided contact information relevant to your company in SAM.gov.

Please ensure that your company is registered in SAM.gov. Your company’s Electronic Business POC in SAM.gov will be designated as an IPP administrator by default. This individual will be responsible for initial account registration as well as creating and managing your company’s IPP users and permissions. Please note that due to U.S. Department of the Treasury guidelines, IPP cannot set up User IDs using a shared email address.

1. To begin the IPP enrollment process, your company’s designated Electronic Business POC in SAM.gov will receive two emails from IPP Customer Support (ipp.noreply@mail.eroc.twai.gov):

The first email contains the initial administrative IPP User ID The second email, sent within 24 hours of receipt of the first email, contains a temporary password You must log in with the temporary password within 30 days

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2. Registration is complete when the initial administrative user logs into the IPP web site with the

User ID and password provided and accepts the IPP rules of behavior. Additional user accounts, including administrators, can be created after initial login.

3. Upon notification by a Contracting Officer (signed purchase order, signed purchase order modification, etc.), please submit your invoices via the IPP system. The cover pages of applicable purchase orders and purchase order modifications will contain the following advisory: “Send all invoices via IPP, NOT central_invoices@fbi.gov.”

Training

Vendor training materials, including a first-time login tutorial, are available on the IPP.gov website.

Once you have logged in to the IPP application, you will have access to user guides that provide step-by-step instructions for all IPP capabilities ranging from creating and submitting an invoice to setting up email notifications.

Live webinars are held monthly and provide a great opportunity to learn the basics of the system. See IPP.gov for more details.

Additional Support

IPP Customer Support Team is available Monday through Friday from 8:00 am to 6:00 pm EST Phone: (866) 973-3131 Email: IPPCustomerSupport@fiscal.treasury.gov For answers to frequently asked questions, visit the Vendor FAQ page on the IPP.gov web site.

For general questions related to the FBI’s transition to IPP, please send an email to IPP@fbi.gov.

The Contractor shall include all the applicable information on each and every invoice when invoicing for full or partial supplies/services delivered/performed. If an invoice does not contain all the right information, the Bureau reserves the right to reject the invoice(s) as IMPROPER and notify the Contractor within seven (7) calendar days after receipt of the invoice at the designated billing office pursuant.

(Resubmission of a PROPER invoice(s) will be required).

Payment will be made in accordance with the Prompt Payment Act, FAR clause 52.232-25 (OCT 2003) upon the COR’s (or designee) certification of receipt of services and the CO final authorization for payment.

The FBI does not pay in advance of the costs incurred, services, timeframe, or receipt of materials being invoiced. Accordingly, because invoices must be based on actual costs incurred, contractors are not permitted to invoice for subcontractor costs until the subcontractor(s) costs have been paid by the prime contractor.