SOL-R1-14-00003_Body_Amendment_1.pdf

Environmental Services and Operations (ESO) SOL-R1-14-00003

SECTION B - Supplies or Services/Prices B-1 Local Clauses EPA-B-16-101 MINIMUM AND MAXIMUM AMOUNTS B-2 Local Clauses EPA-B-36-101 FIXED LABOR RATES FOR TASK ORDER PRICING B-3 Local Clauses EPA-B-31-101 OTHER DIRECT COSTS B-4 Local Clauses EPA-B-32-103 LIMITATION OF GOVERNMENT’S OBLIGATION

SECTION C - Description/Specifications C-1 Local Clauses EPA-C-10-101 STATEMENT OF WORK/PERFORMANCE WORK

STATEMENT/SPECIFICATIONS

C-2 Local Clauses EPA-C-10-103 INCORPORATION OF CONTRACTOR'S QUALITY ASSURANCE

(QA) PLAN

SECTION D - Packaging and Marking

SECTION E - Inspection and Acceptance

E-1 NOTICE - LISTING CONTRACT CLAUSE INCORPORATED BY REFERENCE

E-2 FAR 52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT. (DEC 2014)

SECTION F - Deliveries or Performance

F-1 NOTICE - LISTING CONTRACT CLAUSE INCORPORATED BY REFERENCE (FAR)

F-2 NOTICE - LISTING CONTRACT CLAUSE INCORPORATED BY REFERENCE (EPAAR)

F-3 EPAAR 1552.211-70 REPORTS OF WORK. (OCT 2000)

F-4 EPAAR 1552.245-71 GOVERNMENT-FURNISHED DATA. (SEP 2009)

F-5 Local Clauses EPA-F-12-101 PERIOD OF PERFORMANCE

SECTION G - Contract Administration Data G-1 Local Clauses 1552.232-70 SUBMISSION OF INVOICES. (JUN 1996) (DEVIATION) ALTERNATE 1

(JUN 1996)

G-2 EPAAR 1552.237-72 KEY PERSONNEL. (APR 1984)

G-3 EPAAR 1552.242-72 FINANCIAL ADMINISTRATIVE CONTRACTING OFFICER. (OCT 2000)

G-4 Local Clauses EPA-G-32-101 ADDITIONAL INVOICING INSTRUCTIONS - OIL REMOVAL

ACTIVITIES

G-5 Local Clauses EPA-G-42-101 CONTRACT ADMINISTRATION REPRESENTATIVES G-6 Local Clauses EPA-G-45-101 DESIGNATION OF PROPERTY ADMINISTRATOR

SECTION H - Special Contract Requirements H-1 Local Clauses EPA-H-03-101 PROHIBITION ON CONTRACTING WITH ENTITIES THAT

REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS

H-2 Local Clauses EPA-H-04-101 RETENTION AND AVAILABILITY OF CONTRACTOR FILES H-3 Local Clauses EPA-H-07-101 PUBLIC COMMUNICATION H-4 Local Clauses EPA-H-07-103 NOTICE REGARDING PROHIBITED CONTRACTOR ACTIVITIES

ON ENVIRONMENTAL PROTECTION AGENCY (EPA CONTRACTS)

H-5 Local Clauses EPA-H-09-101 CONTRACTOR DISCLOSURE REQUIREMENTS FOR CONFLICT OF

INTEREST

H-6 Local Clauses EPA-H-09-106 TASK ORDER CONFLICT OF INTEREST CERTIFICATION

ALTERNATE I

H-7 Local Clauses EPA-H-11-101 HEALTH AND SAFETY H-8 Local Clauses EPA-H-11-103 GOVERNMENT RIGHTS UNDER THE COMPREHENSIVE

ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT

H-9 Local Clauses EPA-H-11-104 SIGNING OF UNIFORM HAZARDOUS WASTES MANIFESTS H-10 Local Clauses EPA-H-11-106 SALVAGEABLE PRODUCTS H-11 Local Clauses EPA-H-15-101 RELEASE OF COST OR PRICING PROPOSALS OUTSIDE THE

GOVERNMENT FOR AUDIT

H-12 Local Clauses EPA-H-16-101 ORDERING UNDER MULTIPLE AWARD CONTRACTS H-13 Local Clauses EPA-H-23-101 ENVIRONMENTALLY PREFERABLE PRACTICES

H-14 Local Clauses EPA-H-25-101 COMPLIANCE WITH INTERNATIONAL LAWS AND

REGULATIONS

H-15 Local Clauses EPA-H-27-102 CONFIDENTIALITY OF INFORMATION H-16 Local Clauses EPA-H-28-101 INTERNATIONAL INSURANCE H-17 Local Clauses EPA-H-28-104 PERFORMANCE AND PAYMENT BONDS H-18 Local Clauses EPA-H-31-106 EPA-SPONSORED MEETINGS, WORKSHOPS, AND/OR

CONFERENCES

H-19 Local Clauses EPA-H-37-101 EXPERT TESTIMONY H-20 Local Clauses EPA-H-42-102 UTILIZATION OF FEDCONNECT FOR CONTRACT

ADMINISTRATION

H-21 Local Clauses EPA-H-44-101 TEAM SUBCONTRACTOR AGREEMENTS H-22 Local Clauses EPA-H-45-101 RIGHTS OF WAY LAND EASEMENT H-23 Local Clauses EPA-H-46-101 ERRORS AND OMISSIONS

SECTION I - Contract Clauses

I-1 NOTICE - LISTING CONTRACT CLAUSE INCORPORATED BY REFERENCE (FAR)

I-2 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK. (APR 1984) 33

I-3 FAR 52.211-12 LIQUIDATED DAMAGES - CONSTRUCTION. (SEP 2000)

I-4 FAR 52.216-18 ORDERING. (OCT 1995)

I-5 FAR 52.216-19 ORDER LIMITATIONS. (OCT 1995)

I-6 FAR 52.216-22 INDEFINITE QUANTITY. (OCT 1995)

I-7 FAR 52.217-8 OPTION TO EXTEND SERVICES. (NOV 1999)

I-8 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT. (MAR 2000)

I-9 FAR 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION. (JUL 2013) 35

I-10 FAR 52.222-35 EQUAL OPPORTUNITY FOR VETERANS. (OCT 2015)

I-11 FAR 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES. (JUL 2014)

I-12 FAR 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES. (MAY 2014)

I-13 FAR 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-

DESIGNATED ITEMS. (MAY 2008)

I-14 FAR 52.225-9 BUY AMERICAN – CONSTRUCTION MATERIALS. (MAY 2014)

I-15 FAR 52.225-11 BUY AMERICAN – CONSTRUCTION MATERIALS UNDER TRADE

AGREEMENTS. (FEB 2016)

I-16 FAR 52.225-11 BUY AMERICAN – CONSTRUCTION MATERIALS UNDER TRADE

AGREEMENTS. (MAY 2014) ALTERNATE I (MAY 2014)

I-17 FAR 52.236-4 PHYSICAL DATA. (APR 1984)

I-18 FAR 52.244-2 SUBCONTRACTS. (OCT 2010)

I-19 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)

I-20 FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES. (APR 1984)

I-21 NOTICE - LISTING CONTRACT CLAUSE INCORPORATED BY REFERENCE (EPAAR)

I-22 EPAAR 1552.203-71 DISPLAY OF EPA OFFICE OF INSPECTOR GENERAL HOTLINE POSTER.

(AUG 2000)

I-23 EPAAR 1552.209-74 LIMITATION OF FUTURE CONTRACTING (APR 2004) DES/ESO/RES

DEVIATION ALTERNATE VII

I-24 EPAAR 1552.216-72 ORDERING-BY DESIGNATED ORDERING OFFICERS. (JUL 2014)

I-25 EPAAR 1552.237-71 TECHNICAL DIRECTION. (AUG 2009)

I-26 EPAAR 1552.237-76 GOVERNMENT-CONTRACTOR RELATIONS. (JUN 1999)

SECTION J - List of Documents, Exhibits and Other Attachments J-1 Local Clauses EPA-J-52-101 LIST OF ATTACHMENTS

SECTION K - Representations, Certifications, and Other Statements of Bidders

K-1 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS. (JAN 2016)

K-2 FAR 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS. (DEC 2014)

K-3 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS. (JUL 2013)

K-4 EPAAR 1552.209-72 ORGANIZATIONAL CONFLICT OF INTEREST CERTIFICATION. (APR 1984)

K-5 EPAAR 1552.224-70 SOCIAL SECURITY NUMBERS OF CONSULTANTS AND CERTAIN SOLE

PROPRIETORS AND PRIVACY ACT STATEMENT. (APR 1984)

K-6 Local Clauses EPA-K-03-101 PROHIBITION ON CONTRACTING WITH ENTITIES THAT

REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION

K-7 Local Clauses EPA-K-04-101 REPRESENTATION BY CORPORATIONS REGARDING A FELONY

CONVICTION UNDER FEDERAL LAW OR UNPAID FEDERAL TAX LIABILITY

SECTION L - Instructions, Conditions, and Notices to Bidders

L-1 NOTICE - LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FAR)

L-2 FAR 52.216-1 TYPE OF CONTRACT. (APR 1984)

L-3 FAR 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT - CONSTRUCTION MATERIALS.

(MAY 2014)

L-4 FAR 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT - CONSTRUCTION MATERIALS

UNDER TRADE AGREEMENTS. (MAY 2014)

L-5 FAR 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT – CONSTRUCTION MATERIALS

UNDER TRADE AGREEMENTS. (MAY 2014) ALTERNATE II (JUN 2009)

L-6 FAR 52.233-2 SERVICE OF PROTEST. (SEP 2006)

L-7 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE. (FEB 1998)

L-8 FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS. (APR 1984)

L-9 NOTICE - LISTING SOLICITATION PROVISION INCORPORATED BY REFERENCE (EPAAR) .. 68 L-10 EPAAR 1552.209-70 ORGANIZATIONAL CONFLICT OF INTEREST NOTIFICATION. (APR 1984)

L-11 EPAAR 1552.215-73 GENERAL FINANCIAL AND ORGANIZATIONAL INFORMATION. (AUG

1999)

L-12 EPAAR 1552.233-70 NOTICE OF FILING REQUIREMENTS FOR AGENCY PROTESTS. (JUL

1999) L-13 Local Clauses EPA-L-09-101 SUBMISSION OF ORGANIZATIONAL CONFLICT OF INTEREST

PLAN

L-14 Local Clauses EPA-L-09-102 DISCLOSURE REQUIREMENTS FOR ORGANIZATIONAL

CONFLICT OF INTEREST

L-15 Local Clauses EPA-L-09-103 MINIMUM STANDARDS FOR EPA CONTRACTOR'S CONFLICT OF

INTEREST PLANS

L-16 Local Clauses EPA-L-09-104 CONTRACTOR TEAMING ARRANGEMENTS L-17 Local Clauses EPA-L-12-101 PROPOSED CONTRACTOR START DATE L-18 Local Clauses EPA-L-15-102 TECHNICAL QUESTIONS L-19 Local Clauses EPA-L-15-103 NOTIFICATION OF MULTIPLE AWARDS L-20 Local Clauses EPA-L-15-104 ELECTRONIC SUBMISSION OF PROPOSALS/BIDS/

OFFERS/QUOTES

L-21 Local Clauses EPA-L-19-101 IDENTIFICATION OF SET-ASIDE/8(A) PROGRAM APPLICABILITY

L-22 Local Clauses EPA-L-36-101 PROPOSAL INSTRUCTIONS

SECTION M - Evaluation Factors for Award

M-1 FAR 52.217-5 EVALUATION OF OPTIONS. (JUL 1990)

M-2 Local Clauses EPA-M-09-101 EVALUATION OF CONFLICT OF INTEREST PLAN M-3 Local Clauses EPA-M-09-102 EVALUATION OF ORGANIZATIONAL CONFLICT OF INTEREST

DISCLOSURE STATEMENT

M-4 Local Clauses EPA-M-15-101 EVALUATION FACTORS FOR CONTRACT AWARD

SECTION B - Supplies or Services/Prices

B-1 Local Clauses EPA-B-16-101 MINIMUM AND MAXIMUM AMOUNTS

During the period specified in the "Ordering" clause, the Government shall place orders totaling a minimum of

$25,000 per contract. Contractors will only be guaranteed the contract minimum. The minimum guarantee for each

ESO contract is $25,000, regardless of the number of CLINs awarded to a contractor or the capacity amount that is listed in the contract. The amount of all orders shall not exceed the following totals:

CLIN 10-YEAR CAPACITY

0001 (Regions 1, 2, & 3) $320,000,000

0002 (Regions 4, 5, 6, & 7) $275,000,000

0003 (Regions 8, 9, & 10) $255,000,000

Total $850,000,000

The total capacity reflected for individual contracts is based on the number of CLINs a contractor is awarded and will reflect the overall capacity for each CLIN shared by all contract CLIN holders.

B-2 Local Clauses EPA-B-36-101 FIXED LABOR RATES FOR TASK ORDER PRICING

(a) The following fully loaded, fixed hourly labor rates are the maximum allowable labor rates which may be used by the Contractor to price task orders under this contract. Lower fully loaded, fixed hourly labor rates may be proposed by the Contractor or negotiated by the Contracting Officer on an individual task order basis. Proposals for individual task orders shall be prepared in accordance with the instructions set forth in the task order request for offer. The maximum allowable fixed labor rates set forth in Attachment 3 “Contract Pricing Schedule” shall apply for the duration of the applicable contract year. If work under a task order crosses into another contract year, the

Government will reimburse the contractor for labor provided under a task order at the rate in effect for the period in which the work is performed. If work under a task order extends past the last period of performance for the contract, the rates for the last period of performance (contract year) shall remain in effect for the duration of the performance of work under the task order. If a labor category is determined to be subject to the Service Contract Labor Standards or Construction Wage Requirements Statute and the applicable wage determination rate exceeds the maximum rate specified in Attachment 3, Contract Pricing Schedule, then the wage determination rate prevails.

(b) The fully loaded, fixed hourly labor rates set forth in Attachment 3 shall include wages, overhead, general and administrative expenses, and profit.

(c) Costs for material and other direct costs as identified in clause EPA-B-31-101 will be negotiated on a task order specific basis, as appropriate. Reasonable and allocable material handling costs or material indirect costs may be included in the charge for material or other direct costs to the extent they are clearly excluded from the fully loaded, fixed hourly labor rates identified above, provided they are in accordance with the Contractor's usual accounting practices, and consistent with Subpart 31.2 of the Federal Acquisition Regulation. No profit margin shall be added to material or other direct costs, as profit is already included in the fully loaded, fixed hourly labor rates identified above.

(d) Additional personnel categories and labor rates may be added at the task order level; however the rates for the additional personnel categories should be commensurate with the pricing methodology employed to establish the rates awarded with the basic contract. Contractors are required to highlight new personnel categories and rates not listed within Attachment 3 when they are proposed against task order requirements.

B-3 Local Clauses EPA-B-31-101 OTHER DIRECT COSTS

The cost reimbursement portion of the contract consists of travel and other direct costs, defined at the task order level for time and material type orders, which are reasonable, allocable and allowable and are not considered part of the labor rates portion of the contract. The contractor will only be reimbursed for actual costs incurred, as required to accomplish the services specified in each task order. These costs will be treated in accordance with the clause entitled, "ALLOWABLE COST AND PAYMENT (FAR 52.216-7)." Such costs shall be charged in accordance with the contractor's established and accepted accounting practices. The Government will compensate the contractor for incurred costs that are determined to be reasonable, allowable, and allocable.

Allowable travel expenses shall be determined in accordance with Federal Acquisition Regulation (FAR) subpart

31.205-46, Travel Costs, and the Federal Travel Regulations (FTRs). Travel expenses include costs for transportation, lodging, meals, and incidental expenses incurred by contractor personnel in performance of this contract. Travel expenses are allowable for each employee required on-site if the work site is in excess of fifty (50) miles one way from the individual's place of employment or residence, whichever is less, and total work day

(including travel time) exceeds 12 hours per day. The "50 miles in 12 hours" is the current stipulation for travel costs and may be superseded by later editions of the FAR and/or FTRs. The regulations in effect at any given time govern travel costs under this contract. Travel expenses may include General and Administrative expenses to the extent that it is the Contractor's normal accounting practice to charge on such a basis. In the performance of necessary travel allocable to a particular task order, the Contractor shall use the least expensive means available to the extent consistent with the requirements of each task order.

Any other direct costs expected to be needed on a fixed price task order are not considered cost reimbursement unless otherwise stated. Those costs are considered part of the fixed price task order.

B-4 Local Clauses EPA-B-32-103 LIMITATION OF GOVERNMENT’S OBLIGATION

(a) A task order for severable services may be incrementally funded. A task order for non-severable services cannot be incrementally funded.

(b) For any task order which is being incrementally funded, the contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those items for the Government’s convenience, approximates the total amount currently allotted to the task order. The contractor will not be obligated to continue work on the task order beyond that point. Subject to the clause entitled, “Termination for Convenience of the Government” the Government will not be obligated, under any circumstances, to reimburse the contractor in excess of the amount payable by the Government in the event of termination of the applicable task order for convenience including costs, profit, and estimated termination costs for the task order.

(c) The contractor will notify the Contracting Officer, in writing, at least 30 days prior to the date when, in the contractor’s best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85% of the total amount currently allotted for performance of the task order. The notification will state (1) the estimated date when that point will be reached and

(2) an estimate of additional funding, if any, needed to continue performance of the task order through the end of the current period of performance. If after such notification, the Contracting Officer does not issue a task order modification obligating additional funds by the date identified in the contractor’s notification, or by an agreed substitute date, the Contracting Officer will stop work or terminate for convenience the task order for which additional funds have not been obligated, pursuant to the clause entitled “Termination for Convenience of the

Government”.

(d) The parties contemplate that the Government will obligate additional funds for continued performance under the task order by issuance of a task order modification. The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional obligated funds.

(e) If, solely by reason of failure of the Government to allot additional funds in amounts sufficient for timely performance of the task order, the contractor incurs additional costs or is delayed in the performance of the work under the task order, and if additional funds are allotted, an equitable adjustment will be made in the price of the task order, or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled “Disputes”.

(f) The Government may at any time prior to termination allot additional funds for the performance of the task order.

(g) The provisions of this clause are limited to the work and allotment of funds for the task order. This clause no longer applies once the task order is fully funded, except with the regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraph (d) or (e) of this clause.

(h) Nothing in this clause affects the right of the Government to terminate the contract pursuant to the contract clause entitled “Termination for Convenience of the Government”.

SECTION C - Description/Specifications

C-1 Local Clauses EPA-C-10-101 STATEMENT OF WORK/PERFORMANCE WORK

STATEMENT/SPECIFICATIONS

The Contractor shall furnish the necessary personnel, material, equipment, services, and facilities (except as otherwise specified), to perform the performance work statement (PWS) included in Attachment 1. Work will be ordered against the subject PWS through Contracting Officer issuance of task orders and subsequent task order modifications. Attachment 2 contains a Quality Assurance Surveillance Plan (QASP) to identify the methods and procedures the Environmental Protection Agency (EPA) will use for task orders that are determined to be performance based to ensure these services are received and of acceptable quality.

C-2 Local Clauses EPA-C-10-103 INCORPORATION OF CONTRACTOR'S QUALITY ASSURANCE

(QA) PLAN

The Contractor shall adhere to the procedures set forth in its Quality Management Plan (QMP) dated TBD, which is incorporated by reference.

SECTION D - Packaging and Marking

[For this Contract, there are NO clauses in this Section]

SECTION E - Inspection and Acceptance

E-1 NOTICE - LISTING CONTRACT CLAUSE INCORPORATED BY REFERENCE

The following contract clause pertinent to this section are hereby incorporated by reference:

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

NUMBER TITLE (DATE)

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

52.246-6 INSPECTION – TIME-AND-MATERIAL AND LABOR-HOUR. (MAY 2001)

52.246-12 INSPECTION OF CONSTRUCTION. (AUG 1996)

E-2 FAR 52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT. (DEC 2014)

(a) The Contractor shall comply with the higher-level quality standard(s) listed below.

Title Number Date Tailoring

X

Specifications and Guidelines for Quality

Systems for Environmental Data Collection and Environmental Technology Programs

ASQ/ANSI E4 2014 *See below.

(b) The Contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph

(a) of this clause and the requirement to flow down such standards, as applicable, to lower-tier subcontracts in –

(1) Any subcontract for critical and complex items (see 46.203(b) and (c)); or

(2) When the technical requirements of a subcontract require –

(i) Control of such things as design, work operations, in-process control, testing, and inspection; or

(ii) Attention to such factors as organization, planning, work instructions, documentation control, and advanced metrology.

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

The solicitation and awarded action require the Offeror/Contractor to demonstrate conformance to ASQ/ANSI E4 by submitting the quality documentation described below.

The Offeror shall submit the following quality system documentation1:

Pre-award Documentation

1. [X] Documentation of an organization's Quality System. Developed in accordance with either [X] R-2, and/or [ ] Other:_________________

Post-award Documentation

2. [X] Documentation of an organization's Quality System. Developed in accordance with either [X] R-2, and/or [ ] Other: ___________________

[X] Existing documentation of the application of QA and QC activities will be used: Either: [ ]

Documentation developed pre-award; [X] Documentation will be identified in individual performance work statements/statements of work; [ ] Documentation identified in Section _________ of the performance work statement/statement of work.

Pre-award Documentation: The Offeror shall submit the documentation identified above as “Pre-award” as a separate and identifiable part of its technical proposal. This documentation shall be prepared in accordance with the requirements identified herein. Work involving environmental data generation or use shall not commence until the

Government has approved the documentation and incorporated it into the contract. Contractors may not be awarded a contract whose pre-award documentation does not comply with EPA QA/R-2.

Post-award Documentation: The Contractor shall submit the quality system documentation identified above as

“After Award” to the Contracting Officer’s Representative following issuance of applicable performance work statement/statement of work. This documentation shall be prepared in accordance with the requirements identified herein.

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.

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 and specified under this contract.

1 QMP refers to a Quality Management Plan. Programmatic QA Project Plan refers to a QA Project Plan that would cover multiple projects with similar activities. R-2 refers to EPA Requirements for Quality Management

Plans (QA/R-2) (EPA/240/B-01/002, 03/20/01) and R-5 refers to EPA Requirements for Quality Assurance

Project Plans (QA/R-5) (EPA/240/B-01/003, 03/20/01) -copies of these documents are available at www.epa.gov/quality.

http://www.epa.gov/quality.

SECTION F - Deliveries or Performance

F-1 NOTICE - LISTING CONTRACT CLAUSE INCORPORATED BY REFERENCE (FAR)

52.242-14 SUSPENSION OF WORK. (APR 1984)

52.242-15 STOP-WORK ORDER. (AUG 1989)

52.242-15 STOP-WORK ORDER. (AUG 1989) - ALTERNATE I (APR 1984)

52.242-17 GOVERNMENT DELAY OF WORK. (APR 1984)

52.247-35 F.o.b. DESTINATION, WITHIN COSIGNEE’S PREMISES. (APR 1984)

F-2 NOTICE - LISTING CONTRACT CLAUSE INCORPORATED BY REFERENCE (EPAAR)

EPA ACQUISITION REGULATION (48 CFR CHAPTER 15)

1552.211-75 WORKING FILES. (APR 1984)

F-3 EPAAR 1552.211-70 REPORTS OF WORK. (OCT 2000)

The Contractor shall prepare and deliver reports, including plans, evaluations, studies, analyses and manuals in accordance with Attachment 5. Each report shall cite the contract number, identify the U.S. Environmental

Protection Agency as the sponsoring agency, and identify the name of the Contractor preparing the report.

The OMB clearance number for progress reports delivered under this contract is 2030-0005.

F-4 EPAAR 1552.245-71 GOVERNMENT-FURNISHED DATA. (SEP 2009)

(a) The Government shall deliver to the Contractor the Government-furnished data described in the contract. If the data, suitable for its intended use, is not delivered to the Contractor, the Contracting Officer shall equitably adjust affected provisions of this contract in accordance with the "Changes" clause when:

(1) The Contractor submits a timely written request for an equitable adjustment; and

(2) The facts warrant an equitable adjustment.

(b) Title to Government-furnished data shall remain in the Government.

(c) The Contractor shall use the Government-furnished data only in connection with this contract.

(d) The following data will be furnished to the Contractor on or about the time indicated: To be specified in the individual task orders.

F-5 Local Clauses EPA-F-12-101 PERIOD OF PERFORMANCE

The period of performance of this contract shall be from Date of Award through 60 months. If the option period is exercised, this end date will be modified to 120 months.

SECTION G - Contract Administration Data

G-1 Local Clauses 1552.232-70 SUBMISSION OF INVOICES. (JUN 1996) (DEVIATION) ALTERNATE 1

(JUN 1996)

In order to be considered properly submitted, an invoice or request for contract financing payment must meet the following contract requirements in addition to the requirements of FAR 32.905:

(a) Unless otherwise specified in the contract, an invoice or request for contract financing payment shall be submitted as an original and five copies. The Contractor shall submit the invoice or request for contract financing payment to the following offices/individuals designated in the contract: the original and two copies to the

Accounting Operations Office shown in Block 12 (Standard Form 26) on the cover of the contract; one copy to the

Task Order Project Officer; and one copy to the Ordering Contracting Officer.

(b) The Contractor shall prepare its invoice or request for contract financing payment on the prescribed Government forms. Standard Forms Number 1034, Public Voucher for Purchases and Services other than Personal, shall be used by contractors to show the amount claimed for reimbursement. Standard Form 1035, Public Voucher for Purchases and Services other than Personal - Continuation Sheet, shall be used to furnish the necessary supporting detail or additional information required by the Contracting Officer. The Contractor may submit self-designed forms which contain the required information.

(c)(1) The Contractor shall prepare a task order level invoice or request for contract financing payment in accordance with the invoice preparation instructions identified as a separate attachment in Section J of the contract.

(2) The invoice or request for contract financing payment that employs a fixed rate feature shall include current and cumulative charges by contract labor category and by other major cost elements such as travel, equipment, and other direct costs. For current costs, each cost element shall include the appropriate supporting schedules identified in the invoice preparation instructions.

(d)(1) The charges for subcontracts shall be further detailed in a supporting schedule showing the major cost elements for each subcontract.

(d)(2) On a case-by-case basis, when needed to verify the reasonableness of subcontractor costs, the Contracting

Officer may require that the contractor obtain from the subcontractor cost information in the detail set forth in (c)(2).

This information should be obtained through a means which maintains subcontractor confidentiality (for example, via sealed envelopes), if the subcontractor expresses CBI concerns.

(e) Invoices or requests for contract financing payment must clearly indicate the period of performance for which payment is requested.

(f)(1) Notwithstanding the provisions of the clause of this contract at FAR 52.216-7, Allowable Cost and Payment, invoices or requests for contract financing payment shall be submitted once per month unless there has been a demonstrated need and Contracting Officer approval for more frequent billings. When submitted on a monthly basis, the period covered by invoices or requests for contractor financing payments shall be the same as the period for monthly progress reports required under this contract.

(2) If the Contracting Officer allows submissions more frequently than monthly, one submittal each month shall have the same ending period of performance as the monthly progress report.

(3) Where cumulative amounts on the monthly progress report differ from the aggregate amounts claimed in the invoice(s) or request(s) for contract financing payments covering the same period, the contractor shall provide a reconciliation of the difference as part of the payment request.

G-2 EPAAR 1552.237-72 KEY PERSONNEL. (APR 1984)

(a) The contractor shall assign to this contract the following key personnel:

TO BE DETERMINED ON APPLICABLE TASK ORDERS

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) of this clause. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer.

Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting

Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. This clause will be modified to reflect any approved changes of key personnel.

G-3 EPAAR 1552.242-72 FINANCIAL ADMINISTRATIVE CONTRACTING OFFICER. (OCT 2000)

(a) A Financial Administrative Contracting Officer (FACO) is responsible for performing certain post-award functions related to the financial aspects of this contract when the EPA is the cognizant federal agency. These functions include the following duties:

(1) Review the contractor's compensation structure and insurance plan.

(2) Negotiate advance agreements applicable to treatment of costs and to Independent Research &

Development/Bid and Proposal costs.

(3) Negotiate changes to interim billing rates and establish final indirect cost rates and billing rates.

(4) Prepare findings of fact and issue decisions related to financial matters under the Disputes clause, if appropriate.

(5) In connection with Cost Accounting Standards:

(A) Determine the adequacy of the contractor's disclosure statements;

(B) Determine whether the disclosure statements are in compliance with Cost Accounting Standards and

FAR Part 31;

(C) Determine the contractor's compliance with Cost Accounting Standards and disclosure statements, if applicable; and

(D) Negotiate price adjustments and execute supplemental agreements under the Cost Accounting

Standards clauses at FAR 52.230-3, 52.230-4, and 52.230-5.

(6) Review, approve or disapprove, and maintain surveillance of the contractor's purchasing system.

(7) Perform surveillance, resolve issues, and establish any necessary agreements related to the contractor's cost/schedule control system, including travel policies/procedures, allocation and cost charging methodology, timekeeping and labor distribution policies and procedures, subcontract payment practices, matters concerning relationships between the contractor and its affiliates and subsidiaries, and consistency between bid and accounting classifications.

(8) Review, resolve issues, and establish any necessary agreements related to the contractor's estimating system.

(b) The FACO shall consult with the contracting officer whenever necessary or appropriate and shall forward a copy of all agreements/decisions to the contracting officer upon execution.

(c) The FACO for this contract is: TO BE DETERMINED AT TIME OF AWARD.

G-4 Local Clauses EPA-G-32-101 ADDITIONAL INVOICING INSTRUCTIONS - OIL REMOVAL

ACTIVITIES

(a) The contractor may be tasked to provide support to the EPA in carrying out oil removal activities in accordance with 33 U.S.C. 1321 Clean Water Act (CWA) or Federal Water Pollution Control Act (FWPCA), and under which the Agency may be entitled to access the Oil Spill Liability Trust Fund (OSLTF). In support of the EPA's effort to obtain cost reimbursement under such activities and the concomitant requirement to provide full and timely cost documentation, and when specifically authorized and tasked in writing by the Contracting Officer, and in addition to any other contract invoicing requirements (e.g., SUBMISSION OF INVOICES, INVOICE PREPARATION

INSTRUCTIONS), the Contractor shall provide one (1) additional monthly invoice copy, with the following additional supporting documentation:

Direct Labor (Fixed Rate) - identify by labor category the number of hours, fixed hourly rate, and the total dollars billed for the period of the invoice;

Direct Labor (Cost Reimbursable) - identify by labor category the total number of loaded direct labor hours billed for the period in the invoice;

Indirect Cost Rates (Cost Reimbursable) - identify by cost center, the indirect cost rate, the period, and the cost base to which it is applied;

Subcontracts - identify the major cost elements for each subcontract;

Other Direct Costs - provide a detailed explanation and receipt copies when the cost of any individual ODC item

(e.g., photocopying, material, supplies, telephone usage) exceeds $75, or an amount as may be established elsewhere in the contract (see also INVOICE PREPARATION INSTRUCTIONS);

Contractor-Acquired Equipment - for any item charged as a direct cost to the contract, identify by item the quantities, unit prices, and total dollars billed;

Contractor-Acquired Software - for any item charged as a direct cost to the contract, identify by item the quantities, unit prices, and total dollars billed;

Travel - provide a detailed explanation and receipt copies when the cost of any individual trip exceeds $75.00, or an amount that may be established elsewhere in the contract (see also INVOICE PREPARATION INSTRUCTIONS);

identify by trip, the number of travelers, the duration of travel, the point of origin, destination, purpose of trip, transportation by unit price, daily per diem rates, and total dollars billed;

Local Travel - Detailed reporting is not required for local travel;

Form 1900-55 (RCMS) - Contractor Report (attach if applicable);

Monthly Contractor Report - attach if applicable; and

Technical Direction Document - attach if applicable

(b) The Contractor shall be responsible for clearly marking all information on invoices, receipts, or any other supporting documentation that it considers to be Confidential Business Information (CBI).

NOTE: Highlighting or boxing are acceptable marking techniques; watermarks are unacceptable.

(c) The Contractor shall submit all clearly marked information/documentation either electronically or by US Mail to the Cincinnati Finance Center:

Electronic: CINWD_OilSpill@epamail.epa.gov

U.S. Mail or Overnight: U.S. Environmental Protection Agency

Attn: Accounts Receivable Branch, OIL TEAM

26 West Martin Luther King Drive, MS-NWD2

Cincinnati, Ohio 45268

G-5 Local Clauses EPA-G-42-101 CONTRACT ADMINISTRATION REPRESENTATIVES

Contract-Level Contracting Officer’s Representatives (CORs)/Project Officers for this contract are as follows:

TO BE DETERMINED AT TIME OF AWARD

Contracting Officials responsible for administering this contract are as follows:

G-6 Local Clauses EPA-G-45-101 DESIGNATION OF PROPERTY ADMINISTRATOR

The property administrator for this contract is as follows:

The property administrator is the Contracting Officer's designated representative on property matters. The

Contractor shall furnish all required information on property to the property administrator.

SECTION H - Special Contract Requirements

H-1 Local Clauses EPA-H-03-101 PROHIBITION ON CONTRACTING WITH ENTITIES THAT

REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form

312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing

Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause.

H-2 Local Clauses EPA-H-04-101 RETENTION AND AVAILABILITY OF CONTRACTOR FILES

(a) The contract contains the Federal Acquisition Regulation (FAR) Clause 52.215-2 "Audit and Records -

Negotiation (JUN 1999)," wherein the contractor is required to maintain and make available to the Contracting

Officer or representative of the Contracting Officer (in accordance with FAR Subpart 4.7, ""Contractor Records

Retention"") at its office at all reasonable times the books, records, documents, and other evidence relating to this contract (including personnel utilization records, site records, and accounting procedures and practices sufficient to reflect properly all costs claimed to have been incurred under this contract). Such files shall be made available for examination, audit or reproduction.

(b) The contractor is advised that the Government may file suit against potential responsible parties for costs incurred relative to site-related response activities. In such proceedings, the contractor's cost and performance records may become an integral part of the Government's case.

(c) Accordingly, due to the extended nature of court proceedings and EPA audit requirements, the contractor shall make available to the Government, and only to the Government, the records described in (a) and (b) above for a period of ten (10) years after final payment under the contract (See FAR 4.703(b)(1)).

(d) In addition, the contractor shall make available to the Government, and only to the Government, the records relating to any appeals, litigation or the settlement of claims with third parties and which relate to this contract (i.e., cost recovery) until such appeals, litigation, or claims are disposed of.

(e) The contractor shall not destroy original records relating to the contract until (1) all litigation involving the records has been finally settled and approval is obtained from the Contracting Officer, or (2) ten (10) years have passed from the date of final payment, and no litigation involving the records has been instituted, and approval of the Contracting Officer is obtained. In no event should individual records be destroyed if litigation relating to such records is in-process or pending.

(f) From time to time, the Government may, in support of litigation cases, have the need for the contractor to research and make available such records in a form and manner not normally maintained by the contractor. Such effort shall be deemed to be within the scope of work under this contract. If this effort is required after performance of this contract, a separate negotiated procurement action may be instituted with the contractor.

H-3 Local Clauses EPA-H-07-101 PUBLIC COMMUNICATION

The Contractor shall not represent itself as EPA to outside parties. To maintain public trust, and to not mislead the public, the Contractor shall, when communicating with outside parties, identify itself as an Agency Contractor.

When performing work for EPA, contractor personnel must be easily identifiable to the public as an EPA contractor through use of badges, corporate logos, or other distinguishable credentials.

H-4 Local Clauses EPA-H-07-103 NOTICE REGARDING PROHIBITED CONTRACTOR ACTIVITIES

ON ENVIRONMENTAL PROTECTION AGENCY (EPA CONTRACTS)

The Contractor shall not perform any of the following activities on behalf of EPA in connection with this contract:

1. The actual preparation of Congressional testimony.

2. The interviewing or hiring of individuals for employment at EPA.

3. Developing and/or writing of Position Descriptions and Performance Standards.

4. The actual determination of Agency policy.

5. Participating as a voting member on a Performance Evaluation Board; participating in and/or attending

Award Fee meetings.

6. Preparing Award Fee Letters, even under typing services contracts.

7. The actual preparation of Award Fee Plans.

8. The preparation of documents on EPA Letterhead other than routine administrative correspondence.

9. Reviewing vouchers and invoices for the purposes of determining whether costs, hours, and work performed are reasonable.

10. The preparation of Statements of Work, Work Assignments, Technical Direction Documents, Delivery

Orders, or any other work issuance document under a contract that the contractor is performing or may perform.

Such a work issuance document, prepared by an EPA prime contractor under an EPA prime contract for its subcontractor, is exempt from this prohibition.

11. The actual preparation of responses to audit reports from the Inspector General, General Accounting Office, or other auditing entities.

12. Preparing responses to Congressional correspondence.

13. The actual preparation of responses to Freedom of Information Act requests, other than routine, nonjudgmental correspondence.

14. Any contract which authorizes a contractor to represent itself as EPA to outside parties.

15. Conducting administrative hearings.

16. Reviewing findings concerning the eligibility of EPA employees for security clearances.

17. The actual preparation of an office's official budget request.

H-5 Local Clauses EPA-H-09-101 CONTRACTOR DISCLOSURE REQUIREMENTS FOR CONFLICT OF

INTEREST

In submitting notices of potential corporate, affiliate or personal conflicts of interest, the Contractor shall answer each of the following questions as thoroughly as possible. If necessary, the Contracting Officer may request additional information. If a particular question does not apply to the particular situation, the Contractor shall reply by writing "Not Applicable" rather than by making no response.

The Contractor shall forward a copy of the company's answers to both the Contracting Officer and the Project

Officer. Subcontractors must submit their answers to the EPA through the Prime contractor. This information, however, may be marked confidential and sent in a sealed and numbered envelope which is to be opened only by the

Contracting Officer. All EPA decisions regarding the notifications will be sent to the prime contractor in writing.

The prime contractor shall be responsible for forwarding the Contracting Officer's decision to the subcontractor.

1. During the past three (3) calendar years, has the company or any employees that will be working at this site performed work at this site/facility? If the answer is 'yes', describe, in detail, the nature of work the company or employee(s) performed and provide the names of the employee(s); the dates the work took place and identify the client(s) for whom the work was performed. Note: For reporting purposes, all clients including Commercial, Federal, State or local entities other than the EPA should be included in the check for potential conflict of interest.

2. For any work identified in question 1 that was performed by the company, provide the approximate dollar value of work performed for each client as well as the company's annual sales by fiscal year.

3. With whom has this potential conflict of interest been discussed (include EPA personnel, legal advisors, etc.)?

4. Provide, if relevant, information regarding how the company's organizational structure and/or management system affects its knowledge of possible conflicts or interest relating to other divisions or sections of the organization and how that structure or system could prevent or mitigate/neutralize potential conflicts of interest.

5. Provide an update of any significant change in control or ownership of the company since the submission of information for responsibility determination.

6. Provide any additional information which may be pertinent to this request.

When submitting responses to these questions, the Contractor shall provide the name and telephone number of someone in the company who is knowledgeable with regard to this notice of potential conflict of interest.

H-6 Local Clauses EPA-H-09-106 TASK ORDER CONFLICT OF INTEREST CERTIFICATION

ALTERNATE I

For each task order request for offer, the contractor shall provide the contracting officer a conflict of interest certification within seven calendar days of receipt of the task order request for offer. Where TO's are issued for work on or directly related to a site, the contractor is only required to provide a conflict of interest certification for the first TO issued for that site. For all subsequent work on that site, the Contractor has a continued obligation to search and report any actual or potential conflicts of interest, but no additional conflict of interest certifications are required.

In the certification the Contractor must certify, to the best of the Contractor's knowledge and belief, all actual or potential organizational conflicts of interest have been reported to the Contracting Officer or that, to the best of the

Contractor's knowledge and belief, no actual or potential organizational conflicts of interest exist. In addition, the

Contractor must certify that its personnel who perform work under this TO or relating to this TO, 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 arising during performance of this TO or other work relating to this site.

H-7 Local Clauses EPA-H-11-101 HEALTH AND SAFETY

(a) The nature of the work to be performed under this contract is inherently hazardous. The Contractor is responsible for the safety of its employees and subcontractor employees on-site. However, the EPA Safety, Health and Environmental Management Program (SHEMP) manager, in coordination with the Contracting Officer (CO) and Contracting Officer’s Representative (COR), has the authority to review and establish the minimum standards of safety for all individuals on-site at any time. Establishment of such standards are subject to the changes clause. In performance of work under this contract the Contractor shall, as a minimum, satisfy all Federal, state and local statutes, regulations, ordinances, etc., regarding health and safety. The Contractor shall implement and manage a

Health and Safety Plan in compliance with all requirements of EPA and the Occupational Safety and Health

Administration (OSHA) 29 CFR 1910.120/121 for activities at hazardous waste sites.

(b) The Contractor shall ensure that all Contractor personnel working at the site are in compliance with EPA, OSHA, National Fire Protection Association, state and local, internal agency policies and guidelines, and minimum standards as specified by the contract-level COR. The required level of protection may be specified by the authorized COR, CO, and/or SHEMP manager, but shall not be below what is required by applicable statutes and regulations, and shall be followed by the Contractor. If the Contractor has a dispute with respect to health and safety, which cannot be resolved among the authorized COR, CO, SHEMP manager, and the Contractor's Health and Safety representative, the matter will be referred to the Program or Regional Health and Safety Officer and to the Contractor's corporate Health and Safety representative for resolution. If the health and safety issue still cannot be resolved, then the matter will be referred to EPA's Environmental Response Team's (ERT) Safety and

Occupational Health Manager, Edison, NJ, for consultation with EPA's Safety and Sustainability Division Director at Headquarters for final determination. During this dispute resolution process, the Contractor must implement an authorized COR, or SHEMP manager directive pertaining to health and safety upon issuance. Implementation of this directive may be subject to the changes clause, if the CO deems it to be a substantial change to the contract.

(c) When a specific site safety plan is required as part of a task order to be developed by the Contractor, the plan shall be submitted to the authorized COR and SHEMP manager for review and approval prior to commencing work.

Upon receipt of the authorized COR’s and SHEMP manager’s approval and notification of CO, the Contractor shall follow such plan throughout the duration of the removal action, unless modifications to the plan have been directed by the authorized COR and SHEMP manager.