SOLHQ1500002_Solicitation_003.pdf

SOL-HQ-15-00002 / AMENDMENT 003

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES/PRICES

B.1 DESCRIPTION OF CONTRACT

B.2 PERIOD OF PERFORMANCE

B.3 MINIMUM AND MAXIMUM AMOUNTS

B.4 FIXED RATES FOR SERVICES-INDEFINITE DELIVERY/INDEFINITE QUANTITY CONTRACT

(EPAAR 1552.216-73) (APR 1984)

B.5 NEGOTIATION OF ADDITIONAL FIXED RATES

B.6 CONTRACTOR EMPLOYEES PERFORMING WORK UNDER MULTIPLE LABOR CATEGORIES

B.7 OTHER DIRECT COSTS

B.8 ORDERING PROCEDURES

SECTION C – DESCRIPTION/SPECIFICATIONS/ WORK STATEMENT

C.1 STATEMENT OF WORK/PERFORMANCE WORK STATEMENT/SPECIFICATIONS (EPA-C-10-

101)

C.2 CONTRACT STATEMENT OF WORK

C.3 INCORPORATION OF CONTRACTOR’S TECHNICAL PROPOSAL (EPA-C-10-102)

C.4 INCORPORATION OF CONTRACTOR'S QUALITY ASSURANCE (QA) PLAN (EPA-C-10-103) .. 18

SECTION D – PACKAGING AND MARKING

SECTION E – INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

E.2 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (GOVERNMENT SPECIFICATION)

(FAR 52.246-11) (FEB 1999)

SECTION F – DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

F.2 MONTHLY PROGRESS REPORT (EPAAR 1552.211-72) (JUN 1996)

F.3 CONTRACTOR PERFORMANCE EVALUATIONS (EPAAR 1552.242-71) (JUL 2011)

F.4 INHERENTLY GOVERNMENTAL FUNCTIONS

F.5 PLACE OF PERFORMANCE

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

G.2 SUBMISSION OF INVOICES, ALTERNATE I (EPAAR 1552.232-70) (JUN 1996)

G.3 GOVERNMENT-FURNISHED DATA (EPAAR 1552.245-71) (SEP 2009)

G.4 CONTRACT ADMINISTRATION REPRESENTATIVES (EPA-G-42-101)

G.5 TASK ORDER OBUDSMAN

G.6 INVOICE PREPARATION INSTRUCTIONS

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

H.2 ORGANIZATIONAL CONFLICT OF INTEREST (EPAAR 1552.209-71) (MAY 1994)

H.3 NOTIFICATION OF CONFLICTS OF INTEREST REGARDING PERSONNEL (EPAAR 1552.209-

73) (MAY 1994)

H.4 LIMITATION OF FUTURE CONTRACTING, ALTERNATE V (HEADQUARTERS SUPPORT)

(EPAAR 1552.209-74) (APR 2004)

H.5 ANNUAL CERTIFICATION (EPAAR 1552.209-75) (MAY 1994)

H.6 PROJECT EMPLOYEE CONFIDENTIALITY AGREEMENT (EPAAR 1552.227-76) (MAY 1994) .. 37

H.7 TREATMENT OF CONFIDENTIAL BUSINESS INFORMATION (EPAAR 1552.235-71) (APR

1984)

H.8 ACCESS TO CONFIDENTIAL BUSINESS INFORMATION (EPAAR 1552.235-80) (OCT 2000)

H.9 CONTRACT PUBLICATION REVIEW PROCEDURES (EPAAR 1552.237-70) (APR 1984)

H.10 TECHNICAL DIRECTION (EPAAR 1552.237-71) (AUG 2009)

H.11 KEY PERSONNEL (EPAAR 1552.237-72) (APR 1984)

H.12 GOVERNMENT-CONTRACTOR RELATIONS (EPAAR 1552.237-76) (JUN 1999)

H.13 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS (EPA-H-03-101)

H.14 NOTICE REGARDING PROHIBITED CONTRACTOR ACTIVITIES ON ENVIRONMENTAL

PROTECTION AGENCY (EPA) CONTRACTS (EPA-H-07-103)

H.15 CONTRACTOR DISCLOSURE REQUIREMENTS FOR CONFLICTS OF INTEREST (EPA-H-09-

101)

H.16 UNPAID FEDERAL TAX LIABILITY & FELONY CRIMINAL VIOLATION CERTIFICATION

(EPA-H-09-107)

H.17 EPA-SPONSORED MEETINGS, WORKSHOPS, AND/OR CONFERENCES (EPA-H-31-106)

H.18 EPA MEETINGS AND CONFERENCE SUPPORT

H.19 UTILIZATION OF FEDCONNECT FOR CONTRACT ADMINISTRATION (EPA-H-42-102)

H.20 CLAUSES NOT APPLICABLE TO TIME-AND-MATERIALS TASK ORDERS

H.21 CLAUSES NOT APPLICABLE TO FIRM-FIXED-PRICE TASK ORDERS

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

I.2 ORDERING (FAR 52.216-18) (OCT 1995)

I.3 ORDER LIMITATIONS (FAR 52.216-19) (OCT 1995)

I.4 ORDERING – BY DESIGNATED ORDERING OFFICERS (EPAAR 1552.216-72) (APR 1984)

I.5 INDEFINITE QUANTITY (FAR 52.216-22) (OCT 1995)

I.6 OPTION TO EXTEND SERVICES (FAR 52.217-8) (NOV 1999)

I.7 PAYMENT FOR OVERTIME PREMIUMS (FAR 52.222-2) (JULY 1990)

I.8 SUBCONTRACTS (FAR 52.244-2) (OCT 2010)

I.9 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998)

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J – LIST OF ATTACHMENTS

J.1. LIST OF ATTACHMENTS

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, & OTHER STATEMENTS OF BIDDERS . 57

K.1 NOTICE LISTING CONTRACT PROVISIONS INCORPORATED BY REFERENCE

K.2 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FAR 52.204-8) (DEC 2014)

K.3 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (FAR 52.230-1) (MAY

2012)

K.4 PROPOSAL DISCLOSURE—COST ACCOUNTING PRACTICE CHANGES (FAR 52.230-7) (APR

2005)

K.5 ORGANIZATIONAL CONFLICT OF INTEREST CERTIFICATION (EPAAR 1552.209-72) (APR

1984)

K.6 SOCIAL SECURITY NUMBERS OF CONSULTANTS AND CERTAIN SOLE PROPRIETORS AND

PRIVACY ACT STATEMENT (EPAAR 1552.224-70) (APR 1984)

K.7 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS-REPRESENTATION (EPA-K-03-101)

K.8 REPRESENTATION BY CORPORATIONS REGARDING A FELONY CONVICTION UNDER

FEDERAL LAW OR UNPAID FEDERAL TAX LIABILITY (EPA-K-04-101)

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

L.1 NOTICE OF SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

L.2 PROPOSAL NOTICE

L.3 PROPOSAL INSTRUCTIONS (EPA-L-36-101)

L.4 TYPE OF CONTRACT (FAR 52.216-1) (APR 1984)

L.5 SERVICE OF PROTEST (FAR 52.233-2) (SEP 2006)

L.6 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FAR 52.252-1) (FEB 1998) ... 73

L.7 ORGANIZATIONAL CONFLICT OF INTEREST NOTIFICATION (EPAAR 1552.209-70) (APR

1984)

L.8 PAST PERFORMANCE INFORMATION (EPAAR 1552.215-75) (OCT 2000)

L.9 SUBMISSION OF ORGANIZATIONAL CONFLICT OF INTEREST PLAN (EPA-L-09-101)

L.10 DISCLOSURE REQUIREMENTS FOR ORGANIZATIONAL CONFLICTS OF INTEREST (EPA-L-

09-102)

L.11 MINIMUM STANDARDS FOR EPA CONTRACTOR'S CONFLICT OF INTEREST PLANS (EPA-L-

09-103)

L.12 PROPOSED CONTRACT START DATE (EPA-L-15-101)

L.13 TECHNICAL QUESTIONS (EPA-L-15-102)

L.14 NOTIFICATION OF MULTIPLE AWARDS (EPA-L-15-103)

L.15 ELECTRONIC SUBMISSION OF PROPOSALS/BIDS/OFFERS/QUOTES (EPA-L-15-104)

L.16 INSTRUCTIONS FOR THE PREPARATION OF A QUALITY MANAGEMENT PLAN (EPA-L-46-

SECTION M – EVALUATION FACTORS FOR AWARD

M.1 EPA SOURCE EVALUATION AND SELECTION PROCEDURES – NEGOTIATED

PROCUREMENTS (EPAAR 1552.215-70)

M.2 EVALUATION FACTORS FOR AWARD (EPAAR 1552.215-71) (AUG 1999)

M.3 SCORING PLAN

M.4 TECHNICAL EVALUATION CRITERIA

M.5 EVALUATION OF SUBCONTRACTING PLAN

M.6 EVALUATION OF QUALITY MANAGEMENT PLAN (QMP) AND PROGRAMMATIC QUALITY

ASSURANCE PLAN (QAPP)

M.7 EVALUATION OF CONFLICT OF INTEREST PLAN (EPA-M-09-101)

M.8 EVALUATION OF ORGANIZATIONAL CONFLICT OF INTEREST DISCLOSURE STATEMENT

(EPA-M-09-102)

ATTACHMENT 1 – SAMPLE TASK ORDERS

ATTACHMENT 2 – TASK MATRIX

ATTACHMENT 3 – SAMPLE LABOR CATEGORIES

ATTACHMENT 4 – CLIENT AUTHORIZATION LETTER

ATTACHMENT 5 – PAST PERFORMANCE QUESTIONNAIRE

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES/PRICES

B.1 CONTRACT TYPE

This is a Multiple Award Indefinite-Delivery Indefinite-Quantity (IDIQ) contract with Time and Materials(T&M), Firm Fixed Price (FFP), or a Hybrid of both Task Orders with fixed labor rates for services.

B.2 PERIOD OF PERFORMANCE

The period of the contract is date of award through 5 years.

Task orders may be placed at any point during the stated period of performance of the contract. Individual orders may have unique periods of performance which may include optional periods. No task order may have a period of performance that shall exceed 90 calendar days beyond the expiration date of the contract to complete work in progress under any task order.

B.3 MINIMUM AND MAXIMUM AMOUNTS

The total minimum value of this contract is: $200,000.00 The total maximum potential value of this contract is: to be determined

The total maximum potential value of this contract represents the Government’s total estimated requirement. The Government is not required to order the maximum potential value of the contract. The actual value of the contract will depend on the number and size of task orders awarded to the contractor under this contract.

B.4 FIXED RATES FOR SERVICES-INDEFINITE DELIVERY/INDEFINITE QUANTITY

CONTRACT (EPAAR 1552.216-73) (APR 1984)

The following fixed rates shall apply for payment purposes for the duration of the contact:

To be included at time of award

Labor Category

Labor Rates

Year 1 (xx/xx/xx – xx/xx/xx)

Year 2 (xx/xx/xx – xx/xx/xx)

Year 3 (xx/xx/xx – xx/xx/xx)

Year 4 (xx/xx/xx – xx/xx/xx)

Year 5 (xx/xx/xx – xx/xx/xx)

Program Manager*

Project Manager*

To be included at time of award

*Labor category is subject to KEY PERSONNEL (EPAAR 1552.237-72)

The rate, or rates, set forth above cover all expenses, including report preparation, salaries, overhead, general and administrative expenses, and profit.

The contractor shall voucher for only the time of the personnel whose services are applied directly to the work called for in individual task orders and accepted by the EPA Contracting Officer’s Representative.

The Government shall pay the contractor for the life of a task order at rates in effect when the task order was issued, even if performance under the task order crosses into another period. The contractor shall maintain time and labor distribution records for all employees who work under the contract. These records must document time worked and work performed by each individual on all task orders.

B.5 NEGOTIATION OF ADDITIONAL FIXED RATES

From time to time, it may be necessary to add additional labor rates to the section B clause entitled, “FIXED RATES FOR SERVICES – INDEFINITE-DELIVERY / INDEFINITE-QUANTITY

CONTRACT”, with fixed rates negotiated and agreed upon between the parties. If mutually agreed upon by the Contracting Officer and the contractor, specific fixed rates for items which are not currently included in the list may be negotiated. During contractor performance, if the contractor identifies additional labor categories/labor rates for inclusion in the list, or an item for which development of a fixed rate is appropriate, the contractor shall furnish the Contracting Officer a written request identifying the item and the proposed rate. The request shall include cost and pricing “rate buildup” data supporting the proposed rate.

B.6 CONTRACTOR EMPLOYEES PERFORMING WORK UNDER MULTIPLE LABOR

CATEGORIES

(a) When a contractor employee’s negotiated category of fixed labor is higher than the function he/she is performing during any period of time under the contract, the rate billed for that employee shall be based on the function that the employee is performing (e.g., Senior Scientist who is performing the duties of a Junior Technician shall be billed at the negotiated loaded fixed labor rate for a Junior Technician during the period of time he/she is performing those duties.

(b) When a contractor employee’s negotiated category of fixed labor is at a rate lower than the function he/she is performing during any period of time under the contract, the rate billed for that employee shall be based on the actual negotiated fixed labor rate paid to that employee and based on whether the employee meets the qualifications of the higher labor category (e.g., Junior Technician performing the duties of a Senior Scientist shall be billed at the fixed labor rate for a Senior Scientist only if the employee is paid by the contractor at the rate of a Senior Scientist and the employee meets the qualifications for a Senior Scientist). If the employee is not paid at the higher rate or does not meet the qualifications of the higher category of fixed labor, the contractor shall only bill at the rate of the employee’s negotiated category of fixed labor.

B.7 OTHER DIRECT COSTS

Other direct costs (ODCs), including direct materials and travel, shall be proposed by the contractor for each individual task order solicitation as appropriate. Reasonable and allocable material handling costs and indirect costs may be included in the charge for other direct costs to the extent those costs are clearly excluded from the contractor’s fully burdened labor rates.

The total maximum value of other direct costs for the duration of this contract is to be determined. Other direct costs in excess of this amount are not allowable as a charge to this contract without the prior written approval of the Contracting Officer.

The contractor shall conduct all travel within the continental United States in accordance with GSA Federal Travel Regulations (FTR) in affect at the time of the travel. The contractor shall conduct all travel outside the continental United States in accordance with the Department of Defense’s Joint Travel Regulations (JTR) in affect at the time of travel.

B.8 ORDERING PROCEDURES

(a) PROCEDURES. The Ordering Officer will follow the procedures of FAR 16.505 in conjunction with the procedures in this section when placing task orders under this contract.

(b) FAIR OPPORTUNITY. Each multiple award contractor will be given fair opportunity to be considered for all task orders exceeding $3,000 unless one of the following statutory exceptions in FAR 16.505(b)(2)(i) applies:

(1) The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

(2) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

(3) The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

(4) It is necessary to place an order to satisfy a minimum guarantee.

(5) For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.

(6) In accordance with section 1331 of Public Law 111-240 (15 U.S.C. 644(r)), contracting officers may, at their discretion, set aside orders for any of the small business concerns identified in 19.000(a)(3). When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in part 19 apply.

(c) REQUEST FOR OFFERS. The Ordering Officer will initiate a new task order solicitation through a

Request for Quote (RFQ) to all multiple award contractors via FedConnect. An RFQ will contain at a minimum the following information:

(1) Solicitation Number

(2) Task Order Title

(3) Statement requesting an offer for services to be performed under the Multiple Award Schedule contracts

(4) Submission Instructions for Offers

(5) Evaluation Procedures

(6) Task Order Statement of Work

(7) Task Order Terms and Conditions (if any)

(8) Due Date for Offers

(9) Any necessary Attachments or Supplemental Information

(d) CONFLICT OF INTEREST CERTIFICATION. When responding to a task order solicitation, the contractor shall submit a Conflict of Interest (COI) Certification. Before submitting the COI Certification, the contractor shall search its records accumulated, at a minimum, over the past 3 years immediately prior to the receipt of the task order solicitation. In the certification, the contractor must certify to the best of its knowledge and belief that all actual or potential organizational conflicts of interest have been reported to the Contracting Officer or that no actual or potential organizational conflicts of interest exist. In addition, the contractor must certify that its personnel who performs work under or relating to the task order have been informed of their obligation to report personal and organizational conflicts of interest to the contractor. The certification shall also include a statement that the contractor recognizes its continuing obligation to identify and report any actual or potential conflicts of interest and its limitations on future contracting during performances of the task order.

(e) SUBMISSION OF OFFERS. The contractor shall submit an offer to each RFQ in accordance with the Submission Instructions described in the RFQ. The negotiated fixed labor rates in the section B clause entitled, “FIXED RATES FOR SERVICES – INDEFINITE-DELIVERY / INDEFINITE-

QUANTITY CONTRACT” are the contractor’s ceiling rates. The contractor may propose discounted rates per task order RFQ; however the contractor shall not propose rates higher than the negotiated ceiling rates in the contract. If an offeror proposes discounted rates, those rates will be binding as the ceiling rates per the task order.

(f) WAIVER FROM SUBMISSION. Each multiple award contractor shall submit an offer to each RFQ unless a written Waiver from Submission is obtained from the Ordering Officer. A waiver will only be granted when:

(1) The multiple award contractor certifies that a conflict of interest exists and no mitigation of the conflict of interest is possible, or

(2) A compelling reason exists for abstaining from the competitive process.

The contractor shall submit any request for a Waiver from Submission to the Ordering Officer within 5 days of the RFQ issuance. The Ordering Officer will respond within 5 days of receiving the request granting or denying the waiver. If a waiver is granted by the Ordering Officer, the contractor is not required to submit an offer to the RFQ. If a waiver is not granted by the Ordering Officer, the contractor shall submit an offer to the RFQ.

(g) EVALUATION OF OFFERS. The Government will evaluate all offers received in accordance with the evaluation procedures in the task order RFQ. The Ordering Officer has broad discretion in creating evaluation factors and procedures appropriate to each task order solicitation.

(h) TASK ORDER AWARD. Following the evaluation of offers, the Ordering Officer will award a task order to the multiple award contractor whose offer represents the best value to the Government. The Ordering Officer will make award by sending an incrementally or fully funded task order on Optional Form 347 with the task order statement of work via email to the contractor, Project Officer and Administrative Contracting Officer. The contractor shall acknowledge receipt of each task order by email to the Ordering Officer, Project Officer and Administrative Contracting Officer within 3 days of receipt.

(i) TASK ORDER TERMS AND CONDITIONS. Task orders may include their own special terms and conditions including clauses to which the contractor shall adhere. Task orders may include optional periods and/or optional quantities. All special terms and conditions will be included in the RFQ and task order.

(j) TASK ORDER TYPE. Task orders may be solicited and awarded as either Time-and-Materials (T&M), Firm-Fixed-Price (FFP), or a hybrid of both.

(k) EMERGENCY TASK ORDER: In the event of an emergency, the Contracting Officer (CO) may issue a verbal order in accordance with the statutory exception in FAR 16.505(b)(2)(i)(1), to be followed up with a confirming written task order within five (5) working days of verbal notification.

(l) TASK ORDER PERIOD OF PERFORMANCE: Individual task orders may have unique periods of performance, which may include optional periods, defined in the RFQ. Prior to the expiration of the effective task order period of performance, the Government, without prior written notification, may exercise an option by issuing a contract modification. The Contracting Officer shall determine whether to exercise an option in accordance with FAR 17.207.

(m) ELECTRONIC ORDERING. Electronic ordering is authorized under this contract.

(n) DEBRIEFINGS: Debriefings will not be honored for individual task order awards.

SECTION C – DESCRIPTION/SPECIFICATIONS/ WORK STATEMENT

C.1 STATEMENT OF WORK/PERFORMANCE WORK STATEMENT/SPECIFICATIONS

(EPA-C-10-101)

The Contractor shall furnish the necessary personnel, material, equipment, services, and facilities (except as otherwise specified), to perform the statement of work included in the contract. Work will be ordered against the following Contract statement of work through Contracting Officer issuance of task orders.

C.2 CONTRACT STATEMENT OF WORK

Regulation, Evaluation and Technical Support for the Office of Emergency Management

I. BACKGROUND

The U.S. Environmental Protection Agency’s (EPA) Office of Emergency Management (OEM) is responsible for providing technical and regulatory development services to support EPA in developing and implementing prevention programs to reduce the risk of discharging of oil and releases of hazardous substances to the environment and building preparedness capacity for oil and hazardous substances emergencies and responding to emergency events and discharges of oil and releases of hazardous materials.

To ensure that this Nation is better prepared for environmental emergencies, OEM works with other EPA partners, federal agencies, state and local response agencies, industry and other related stakeholders to prevent incidents as well as maintain superior response capabilities. OEM's overall mission is to provide national leadership to prevent, prepare for, and respond to health and environmental emergencies. This is facilitated through partnerships, joint strategy development, technology development and deployment, training and exercises and development and implementation of relevant regulations and policies.

OEM is generally responsible for implementing the following:

• Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) (1980), (42 U.S.C. s/s 9601 et. seq.), as amended

• Superfund Amendments and Reauthorization Act (SARA) (1986)

• Clean Water Act (CWA) (1972), (33 U.S.C. s/s 1251 et. seq.) - particularly Section 311

• Oil Pollution Act (OPA) (1990)

• Emergency Preparedness and Community Right-to-Know Act (EPCRA)

• Robert T. Stafford Natural Disaster Act (Stafford Act), (42 USC 5121, et. seq.), as amended

• Homeland Security Act (HSA), Public Law 107-296

• Clean Air Act (CAA), (42 USC 85), as amended

• The Occupational Safety and Health Act 1970, Executive Order 12196 and 29 CFR 1096 require;

EPA code: Title 40

• Chemical Safety Information, Site Security and Fuels Regulatory Relief Act (CSISSFRRA)

• Presidential Decision Directives (PDD)

• Homeland Security Presidential Directives (HSPD)

• National Response Framework (NRF)

• National Incident Management System (NIMS)

• National Oil and Hazardous Substances Pollution Contingency Plan (NCP) (40 CFR parts 9 and

OEM's key Headquarters and Regional program activities include:

• Regulation and policy development and program implementation for oil pollution prevention and preparedness, as provided for in the following areas: Spill Prevention, Control, and Countermeasure (SPCC) and Facility Response Plan (FRP) regulations and National Oil and Hazardous Substances Pollution Contingency Plan (NCP) Subpart J.

• Technical, policy and regulatory support for oil related coordination with the United States Coast Guard and other government agencies.

• Regulation and policy development and implementation for chemical and hazardous substance facility, community, EPCRA, prevention and preparedness, including Risk Management Program

(RMP).

• Regulation and policy development and implementation for responses to oil discharges and hazardous substance releases, including regulations related to the NCP and the NRF.

• Serving as the Agency's Emergency Coordinator under the National Security Emergency Preparedness program, the chair of the inter-agency National Response Team (NRT), and the chair of the intra-agency National Incident Coordination Team.

• Response support activities and developing and overseeing national support functions such as the Response Support Corps, and the Critical Incident Stress Management/Emergency Response Peer Support Team, especially as they support responses to oil, chemical, biological, and radiological incidents.

• Preparedness activities, including training and implementation of the Incident Command System and the requirements of the NRP and the National Incident Management System (NIMS).

• Interaction on preparedness and response issues and activities with other federal agencies, including the Department of Homeland Security (DHS), the White House Homeland Security Council, the Chemical Safety Board, and member agencies of the NRT.

• Coordination on prevention, preparedness, and response activities with state, tribal, and local agencies, industry groups and other related stakeholders.

• Coordination of national internal EPA and external meetings (for example, Regional National Program meetings, Freshwater Spill Symposium, International Oil Spill Conference, etc.).

For pertinent background information, program history, and environmental statutes, see:

http://www.epa.gov/oem.

II. SCOPE

The contractor shall provide the Office Solid Waste and Emergency Response (OSWER) Office of Emergency Management (OEM) technical, analytical and regulatory development support in order to achieve OEM's overall mission to provide national leadership to prevent, prepare for, and respond to health and environmental emergencies. The contractor shall provide support for the purposes of developing and implementing prevention programs to reduce the risk of discharging releases of oil and releases of hazardous substances to the environment; building preparedness capacity for oil and hazardous substances emergencies; and responding to emergency events and discharges of oil and releases of hazardous materials. OEM may also direct the contractor to provide support to other OSWER offices in accordance with the contract Statement of Work (SOW).

The contractor shall provide ongoing technical, analytical and regulatory development support and shall furnish all resources to:

• Perform all work described in the Task Areas of this SOW.

• Perform all work assigned through Task Orders under this contract.

• Perform contract management functions and meet all other contract terms and conditions.

III. TASKS AREAS

Task Area 1: Technical and Analytical Support

The contractor shall provide technical assistance and analytical support to EPA for a variety of deliverables, projects and activities pursuant to the mission of OEM. This includes support with OEM activities through technical and analytical tasks including research, data collection, analytics, technical documentation and other technical and analytical support activities. Data collected shall meet Agency data quality standards.

Tasks to be performed under this task area may include, but are not limited to the following:

• Conduct research and data collection on issues affecting OEM activities.

• Collect and manage technical, environmental, statistical, and economic data and prepare technical documentation on issues affecting OEM activities.

• Develop tools and design survey instruments for collection of data.

• Conduct analysis and evaluation on current, potential and emerging issues affecting OEM activities.

• Prepare briefing materials, draft and final reports of the findings or research analysis.

• Assist in records management of OEM program and other files.

• Provide technical assistance to OEM to incorporate data into a national system, assist OEM in maintaining existing databases and assist in conversion of systems/ databases to internet-ready and interface capable databases.

• Coordinate technical support with the United States Cost Guard, Federal Emergency Management Agency and other government agencies and provide rapid technical support to OEM during emergency incidents, exercises or other response activity.

Task Area 2: Regulatory Support

The contractor shall provide analytical and technical support to EPA in its development and analysis of regulations, legislative proposals, policies, rulemaking and other guidance associated with OEM’s programs. Development of draft regulatory support shall comply with all laws and regulations as well as any new legislation that may be enacted and will be subject to EPA final approval. The contractor shall provide support to OEM for Congressional hearings and inquiries.

Tasks to be performed under this task area may include, but are not limited to the following:

• Provide background research for use by EPA in the development of draft regulations, legislation, policies, rulemaking and guidance.

• Provide regulatory impact analyses including, but not limited to, economic, technical, cost, cost effectiveness, cost-benefit, social, and environmental impact analyses.

• Compile, categorize, organize, cross-reference, analyze, and develop summaries for public comments on regulatory and legislative proposals.

• Develop recommendations on responses to public comments for EPA’s consideration and final decision.

• Analyze legislative proposals related to activities of the Office of Emergency Management.

• Prepare accurate draft assessments documents and analyses to support the Agency in judicial and administrative reviews, based on thorough knowledge and understanding of the rulemaking, planning records, or guidance.

• Prepare written reports and develop draft regulatory support documents.

• Prepare draft guidance to other federal agencies, states, tribes and locals including States and Local Emergency Planning Committees (SERCs/LEPCs) on all relevant OEM programs.

• Prepare Information Collection Requests (ICRs), mail and follow up efforts in accordance with the Paperwork Reduction Act, Executive Order 12291, Office of Management and Budget requirements, and EPA data quality guidance.

Task Area 3: Meeting and Conference Support

The contractor shall provide facilitation and logistical support for OEM meetings, conferences, and workshops including but not limited to: US-Mexico Border 2020 Program, US-Mexico National Coordinators, US-Mexico Goal 4 Co-Chair and US-Mexico Joint Response Team and US-Canada Joint Inland Contingency Planning meetings. The contractor shall provide facilitation and logistical support for national meetings related to OEM programs including but not limited to: International Oil Spill Conference, Freshwater Spills Symposium, SONS Exercises, Inter- and Intra Agency Workgroups, National Response Team (NRT) Regional Response Team (RRT) and National Incident Coordination Team (NICT) meetings, international meetings associated with Organization for Economic Cooperation and Development (OECD), United Nations Environmental Program (UNEP) and other organizations, RMP Implementing Agency meetings, incident investigation meetings, and others.

The contractor shall direct all regulatory and policy questions during conference, meeting, discussions, and workgroup sessions to EPA. The contractor shall ensure that the technical content of all material for meetings, conferences and workshops are in accordance with Agency and Federal guidance.

Tasks to be performed under this task area may include, but are not limited to the following:

• Prepare, update and maintain invitee/ attendee registration and mailing lists.

• Prepare and distribute outreach materials including conference packages, fact sheets, success stories, agenda and brochures.

• Prepare internet-ready versions of outreach materials.

• Identify potential conference and affiliated meeting locations and facilities.

• Secure, reserve and manage usage of meeting space at facility selected by EPA.

• Identify hotel accommodations for conference upon direction by EPA; negotiated appropriate hotel blocks and contracts to support anticipated conference attendees.

• Arrange for audio visual, graphic, multi-media support, signage, and conference space set-up support, (carpeting, draperies, rental of furniture, computer equipment, phones, faxes, modems, etc.)

• Develop, implement and manage on-line and on-site conference registration system that allows for the payment of conference registration fees by registrants.

• Establish a system for the collection of registration fees and collect registration fees.

• Provide facilitation support and monitor panel sessions, as requested by EPA.

• Provide administrative and technical assistance in support of exhibit/conference booths.

• Provide note taking support and prepare proceedings in either written or electronic formats, as directed by EPA.

• Prepare draft and final summary reports following the conclusion of meetings, conferences and workshops.

• Prepare, distribute and collect evaluation forms.

• Coordinate development of the federal portion of technical programs, as requested by EPA.

Task Area 4: Training Support

The contractor shall provide technical support for training, operations and technical workshops for instruction, orientation, and implementation of various aspects of OEM programs. This includes but is not limited to, technical, prevention and response related training, exercises, ICS management, EOC activities and OSC Academy course support and related training and mandatory training requirements of EPA Order 3500.1 relating to OEM’s 40 CFR part 112 inspector training and all other training programs relating to the implementation of the 40 CFR part 112 regulation and other oil program related functions.

Tasks to be performed under this task area may include, but are not limited to the following:

• Provide assistance for training, exercises and demonstrations on OEM program-related subjects.

• Identify and contact potential attendees.

• Prepare, update and maintain attendee registration and mailing lists.

• Provide logistical arrangements for training sessions including identify potential meeting locations and facilities, secure, reserve and manage usage of meeting space at facility selected by EPA, and identify and block hotel accommodations upon direction by EPA.

• Prepare and update training outreach materials such as: agenda, manuals, brochures and handouts in accordance with Agency and Federal guidance.

• Develop and update training and exercise materials such as curriculum and how-to-manuals, multi-media presentation materials, instructor(s) materials, participant materials (including manuals, workbook, etc.) slides and overheads in accordance with Agency and Federal guidance.

• Provide training tools such as audio visual equipment and computers for hands-on-sessions.

• Provide instructors to conduct training who are subject matter experts.

• Training course outlines shall at a minimum identify course objectives, major and supporting topics of instructions, and the methods of instruction. Course materials shall be clearly and directly in support of identified course objectives.

Task Area 5: Communications and Outreach Support

The contractor shall provide communications and outreach support in the development, planning and implementation of EPA’s OEM communications activities and community relations.

Reports, analyses, recommendations and other written deliverables resulting from communications and outreach support shall be clear, concise, well-organized, and complete. At a minimum deliverable documents contract shall: a) explain and rank policy or action alternatives, if any; b) describe procedures used to arrive at analyses/ recommendations; c) summarize the substance of deliberations; d) report any dissenting views; e) list sources relied upon; f) make clear the methods upon which conclusions and recommendations are based.

Tasks to be performed under this task area may include, but are not limited to the following:

• Research, fact-find, and document information for OEM to use to:

o Conduct public education activities.

o Develop public/scientific documents.

o Coordinate outreach to stakeholder groups.

o Prepare public education materials.

o Prepare materials that describe EPA’s implementation of OEM guidance.

o Disseminate information in hard copy and/or electronic format.

• Prepare communication and outreach materials such as brochures, flyers, fact sheets, video recordings, audio recordings, presentation materials, draft press releases, success stories, profiles, art/conference displays (booths for conferences), annual reports and multimedia presentations.

• Coordinate with partners and stakeholders to develop outreach materials.

• Develop communications material in formats suitable for online posting and other electronic and transmission methods in accordance with Agency and Federal guidance.

• Provide support for public meetings and other opportunities for public outreach.

• Host teleconferences (including technical support in scrip development, booking and arrangement of studio support, satellite time, and downlink sites and equipment and other support necessary to produce a teleconference).

• Maintain contact lists and mailing lists.

• Develop and revise graphics standards in conformance with Agency directive and policies.

• Support development of OEM communication documents including those which are industry, facility and/or incident specific.

• Support the development of reports to Congress as required by existing or new statutes.

• Provide translation services for non-English speaking communities, including the Spanish language.

• Translate and develop educational and outreach materials and ensure that the final draft translation will preserve the meaning, level, implication, and form of the original document.

• Design, conduct, and document community interviews and customer surveys in accordance with Agency and Federal guidance.

• Compile “lessons learned” following OEM emergency incidents, exercises or other response activity.

Task Area 6: Web Communication Support

The contractor shall provide technical support for the maintenance, operation and enhancement of the OEM internet and intranet sites. The contractor shall assist OEM on all Web-related issues and Web site management in accordance with EPA and Federal Web guidelines and shall comply with all laws and regulations.

Tasks to be performed under this task area may include, but are not limited to the following:

• Perform Web area maintenance.

o Ensure timely posting of new material or updates to existing Web area content.

o Ensure proper functionality of links, pages, and all other Web area content.

o Respond to ad-hoc requests for changes to Web area content.

o Maintain logs for all activities to document requested changes.

• Develop, design and code Web content and related electronic lists, documents or files including, but not limited to, electronic bulletin boards, Web pages, e-mails and newsletters.

• Convert documents to standard internet-ready formats (HTML, PDF, and others as needed).

• Revise/reorganize existing Web pages in such a way that it enhances the ease of use and navigation in accordance with Agency and Federal guidance.

• Prepare graphics for use on the internet in accordance with Agency and Federal guidance.

• Assist with the format and publication for all Web content including technical publications, OEM website and electronic newsletters.

• Research possible internet links, information sources and new online tools.

• Research, assess, recommend and implement innovative approaches to using the Internet and/or similar systems as an outreach tool for the OEM Programs.

Task Area 7: Program Evaluation, Planning and Administration Support

The contractor shall provide support for a variety of evaluative tasks concerning EPA’s OEM programs including the evaluation of existing policies and procedures in terms of function, effectiveness, and options for improvement, as well as programmatic planning aspects and administrative functions.

Tasks to be performed under this task area may include, but are not limited to the following:

• Support strategic planning and program evaluation activities.

• Research, analyze, measure, and evaluate OEM program activities and strategies.

• Design and develop evaluation tools, briefing materials and draft and final reports of findings from program evaluation.

• Provide administrative support in implementing evaluation tools such as surveys, questionnaires and focus groups.

• Prepare studies and analyses relevant to the benefits and burdens of OEM programs.

• Analyze impacts of various organizational schedules.

• Design and propose draft options for organization and planning of OEM program elements.

• Provide support for organizational and management development for the OEM program, including surveys, developmental meetings and 360 reviews.

• Support OEM program administrative activities including financial analysis and emergency response support.

• Provide rapid administrative support to OEM and other government agencies during emergency incidents or exercises.

LIST OF ACRONMYNS

(API) American Petroleum Institute (ASTM) American Society for Testing and Materials (CAA) Clean Air Act (CERCLA) Comprehensive Environmental Response, Compensation, and Liability Act (CSB) Chemical Safety Board (CSISSFRRA) Chemical Safety Information, Site Security and Fuels Regulatory Relief Act (CWA) Clean Water Act (DHS) Department of Homeland Security (EPA) Environmental Protection Agency (EPCRA) Emergency Preparedness and Community Right-to-Know Act (FEMA) Federal Emergency Management Agency (FRP) Facility Response Plan (GPRA) Government Performance and Results Act (HSA) Homeland Security Act (HSPD) Homeland Security Presidential Directives (ICRs) Information Collection Requests (ISO) International Organization for Standardization (LEPC) Local Emergency Planning Committees (MAs) Mission Assignments (NACE) National Association of Corrosion Engineers (NCP) National Contingency Plan (NFPA) National Fire Protection Association (NICT) National Incident Coordination Team (NIMS) National Incident Management System (NRF) National Response Framework (NRT) National Response Team (NSEP) National Security Emergency Preparedness Program

(NTSB) National Transportation Safety Board (OECD) Organization for Economic Cooperation and Development (OEM) Office of Emergency Management (OPA) Oil Pollution Act (OSHA) Occupational Safety and Health Administration (PBA) Performance Based Acquisition (PDD) Presidential Decision Directives (PEI) Petroleum Equipment Institute (RMP) Risk Management Program (RRT) Regional Response Team (RSC) Response Support Corp (SARA) Superfund Amendments and Reauthorization Act (SERC) States Emergency Planning Committees (SPCC) Spill Prevention, Control, and Countermeasure (STI) Steel Tank Institute (UNEP) United Nations Environmental Program

C.3 INCORPORATION OF CONTRACTOR’S TECHNICAL PROPOSAL (EPA-C-10-102)

Sections(s) to be identified at contract award of the contractor’s technical proposal entitled to be identified at contract award and dated to be identified at contract award is/are hereby incorporated by reference and made part of this contract. In the event of any inconsistency between the clauses of this contract and the contractor’s technical proposal, the contract clauses take precedence.

C.4 INCORPORATION OF CONTRACTOR'S QUALITY ASSURANCE (QA) PLAN (EPA-

C-10-103) The Contractor shall adhere to the procedures set forth in its QA plan dated to be identified at contract award, which is incorporated by reference.

SECTION D – PACKAGING AND MARKING

(For this Solicitation, there are NO clauses in this section.)

SECTION E – INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

NOTICE: The following solicitation provisions and/or contract clauses pertinent to this section are hereby incorporated by reference:

REGULATION NUMBER DATE TITLE

FAR 52.246-4 (AUG 1996) INSPECTION OF SERVICES - FIXED-PRICE

FAR 52.246-6 (MAY

2001)

INSPECTION - TIME-AND-MATERIAL AND

LABOR-HOUR

E.2 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (GOVERNMENT

SPECIFICATION) (FAR 52.246-11) (FEB 1999)

The contractor shall comply with the higher-level quality standard selected below.

Title Number Date Tailoring

Specifications and Systems for Environmental Data Collection and Environmental Technology Programs

ANSI/ASQC

E4

1994 See Below

As authorized by FAR 52.246-11, the higher-level quality standard ANSI/ASQC E4 is tailored as follows:

The solicitation and contract require the offeror/contractor to demonstrate conformance to ANSI/ASQC E4 by submitting the quality documentation described below.

In addition, after award of the contract, the contractor shall revise, when applicable, quality documentation submitted before award to address specific comments provided by EPA and submit the revised documentation to the Contracting Officer’s Representative.

After award of the contract, the contractor shall also implement all quality documentation approved by the Government.

(a) Pre-award Documentation

The offeror must submit the following quality system documentation as a separate and identifiable part of its technical proposal:

Documentation Specifications Due Quality Management Plan

EPA Requirements for Quality Management Plans (QA/R-2) [dated 03/20/01] http://www.epa.gov/quality/qs-docs/r2-final.pdf

With offer

Programmatic Quality Assurance Project Plan for the Entire Program (Contract)

EPA Requirements for Quality Assurance Project Plans (QA/R-5) [dated 03/20/01] http://www.epa.gov/quality/qs-docs/r5-final.pdf

With offer

Other Equivalent:

This documentation will be prepared in accordance with the specifications identified above, or equivalent specifications defined by EPA. Work involving environmental data generation or use shall not commence until the Government has approved this documentation and incorporated it into the contract.

(b) Post-award Documentation:

The contractor shall submit the following quality system documentation to the Contracting Officer’s Representative at the time frames identified below:

Documentation Specifications Due Quality Management Plan

EPA Requirements for Quality Management Plans (QA/R-2) [dated 03/20/01] http://www.epa.gov/quality/qs-docs/r2-final.pdf

Original due with offer, Finalized after award during contract performance

Programmatic Quality Assurance Project Plan for the Entire Program (Contract)

EPA Requirements for Quality Assurance Project Plans (QA/R-5) [dated 03/20/01] http://www.epa.gov/quality/qs-docs/r5-final.pdf

Original due with offer, Finalized after award during contract performance

Quality Assurance Project Plan for Each Applicable Project

EPA Requirements for Quality Assurance Project Plans (QA/R-5) [dated 03/20/01] http://www.epa.gov/quality/qs-docs/r5-final.pdf

As stated in Task Order solicitation

Other Equivalent:

This documentation will be prepared in accordance with the specifications identified above or equivalent specifications defined by EPA.

The Government will review and return the quality documentation, with comments, and indicate approval or disapproval. If the quality documentation is not approved the contractor shall revise the documentation to address all comments and shall submit the revised documentation to the Government for approval

The contractor shall not commence work involving environmental data collection, generation, use or reporting until the Government has approved the quality documentation.

SECTION F – DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

NOTICE: The following solicitation provisions and/or contract clauses pertinent to this section are hereby incorporated by reference:

REGULATION NUMBER DATE TITLE

FAR 52.242-15 (AUG 1989) STOP WORK ORDER

EPAAR 1552.211-76 (APR 1984) LEGAL ANALYSIS

EPAAR 1552.211-78 (APR 1985) MANAGEMENT CONSULTING SERVICES

F.2 MONTHLY PROGRESS REPORT (EPAAR 1552.211-72) (JUN 1996)

The contractor shall furnish to be determined at time of contract award of the combined monthly technical and financial progress report stating the progress made, including the percentage of the project completed, and a description of the work accomplished for each task order to support the cost.

(a) Specific discussions shall include difficulties encountered and remedial action taken during the reporting period, and anticipated activity with a schedule of deliverables for the subsequent reporting period.

(b) The contractor shall provide a list of outstanding actions awaiting Contracting Officer authorization, noted with the corresponding task order, such as subcontractor/consultant consents, overtime approvals, and work plan approvals.

(c) The report shall specify financial status at the contract level as follows:

(1) For the current reporting period, display the amount claimed.

(2) For the cumulative period and the cumulative contract life display: the amount obligated to the contract and each task order, amount originally invoiced, amount paid, amount suspended, amount disallowed, and remaining approved amount. The remaining approved amount is defined as the total obligated amount, less the total amount originally invoiced, plus total amount disallowed.

(3) Labor Hours.

(i) A list of employees, their labor categories, and the numbers of hours worked for the reporting period.

(ii) For the current reporting period, display the expended direct labor hours and costs broken out by EPA contract labor hour category for the prime contractor and each subcontractor and consultant.

(iii) For the cumulative contract period and the cumulative contract life display: the negotiated, expended and remaining direct labor hours and costs broken out by EPA contract labor hour category for the prime contractor, and each subcontractor and consultant.

(iv) Display the estimated direct labor hours and costs to be expended during the next reporting period.

(4) Display the current dollar ceilings in the contract, net amount invoiced, and remaining amounts for the following categories: Direct labor hours, total estimated cost, award fee pool (if applicable), subcontracts by individual subcontractor, travel, program management, and Other Direct Costs (ODCs).

(5) Unbilled allowable costs. Display the total costs incurred but unbilled for the current reporting period and cumulative for the contract.

(6) Average cost of direct labor. Compare the actual average cost per hour to date with the average cost per hour of the approved work plans for the current contract period.

(d) The report shall specify financial status at the task order level as follows:

(1) For the current period, display the amount claimed.

(2) For the cumulative period display: amount shown on workplan, or latest work assignment/delivery order amendment amount (whichever is later); amount currently claimed;

amount paid; amount suspended; amount disallowed; and remaining approved amount. The remaining approved amount is defined as: the workplan amount or latest work assignment or delivery order amount (whichever is later), less total amounts originally invoiced, plus total…