FINAL SOL-R5-10-00008 rev 4-5-2011.pdf

Table of Contents

SUPPLIES OR SERVICES/PRICES SECTION B

B1. 1552.216-73 Fixed rates for services-indefinite delivery/indefinite quantity contract. (APR 1984)

B2. 52.216-140 Minimum and maximum amounts

DESCRIPTION/SPECIFICATIONS SECTION C

C1. 52.210-100 Statement of work/performance work statement/specifications

C2. 52.210-120 Incorporation of contractor's technical proposal

C3. 52.210-130 Incorporation of contractor's quality assurance (QA) plan

PACKAGING AND MARKING SECTION D

INSPECTION AND ACCEPTANCE SECTION E

E1. NOTICE Listing Contract Clauses Incorporated by Reference

E2. 52.246-4 Inspection of Services—Fixed-Price (AUG 1996)

E3. 52.246-12 Inspection of Construction (AUG 1996)

DELIVERIES OR PERFORMANCE SECTION F

F1. NOTICE Listing Contract Clauses Incorporated by Reference

F2. 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)

F3. 52.211-12 Liquidated Damages - Construction. (SEP 2000)

F4. 1552.242-71 Contractor Performance Information (Deviation)

CONTRACT ADMINISTRATION DATA SECTION G

G1. 1552.216-72 Ordering-by designated ordering officers. (APR 1984)

G2. 1552.237-71 Technical Direction (Alternate I) (APR 1984) (Deviation)

G3. Task Order Selection Process

SPECIAL CONTRACT REQUIREMENTS SECTION H

H1. NOTICE Listing Contract Clauses Incorporated by Reference

H2. 1552.211-70 Reports of work. (OCT 2000)

H3. 1552.211-72 Monthly progress report. (JUN 1996)

H4. 1552.211-75 Working files. (APR 1984)

H5. 1552.217-76 Option to extend the effective period of the contract-indefinite delivery/indefinite quantity contract

H6. 1552.223-71 EPA Green Meetings and Conferences. (MAY 2007)

H7. 1552.224-70 Social security numbers of consultants and certain sole proprietors and Privacy Act statement. (APR 1984)

H8. 1552.227-76 Project employee confidentiality agreement. (MAY 1994) (Deviation)

H9. 1552.235-71 Treatment of confidential business information. (APR 1984)

H10. 1552.235-73 Access to Federal Insecticide, Fungicide, and Rodenticide Act Confidential Business

Information (Apr 1996). (APR 1996)

H11. 1552.235-75 Access to Toxic Substances Control Act Confidential Business Information (Apr 1996).

(APR 1996)

H12. 1552.235-76 Treatment of Confidential Business Information. (APR 1996)

H13. 1552.235-77 Data Security for Federal Insecticide, Fungicide and Rodenticide Act Confidential

Business Information. (DEC 1997)

H14. 1552.235-78 Data Security for Toxic Substances Control Act Confidential Business Information.

(DEC 1997)

H15. 1552.235-79 Release of contractor confidential business information (APR 1996)

H16. 1552.235-80 Access to confidential business information. (OCT 2000)

H17. 1552.236-70 Samples and certificates. (APR 1984)

H18. 1552.237-70 Contract publication review procedures. (APR 1984)

H19. Key Personnel (APR 1984)

H20. 1552.237-74 Publicity. (APR 1984)

H21. 1552.245-71 Government-furnished data. (SEP 2009)

H22. LRT-01-01 Identification of On-Site Contractor Employees

H23. LRT-31-16 EPA-Sponsored Meetings, Workshops, and/or Conferences

H24. LW-45-19 Rights of way land easement

H25. LC-36-16 Government Contract-Level COR (Construction)

H26. EPA-2010-40 Environmentally Preferable Practices

H27. EPA-2010-170 Procedures For Issuing Task Orders - Non-Emergency Work

H28. EPA-2010-70 Confidentiality of Information

H29. EPA-2010-110 Health and Safety

H30. EPA-2010-115 Public Communication

H31. EPA-2010-165 Performance And Payment Bonds

CONTRACT CLAUSES SECTION I

I1. NOTICE Listing Contract Clauses Incorporated by Reference

I2. 52.203-14 Display of Hotline Poster(s). (DEC 2007)

I3. 52.209-9 Updates Of Publicly Available Information Regarding Responsibility Matters (Alternate I)

(JAN 2011)

I4. 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or

Pricing Data - Modifications. (OCT 2010) - Alternate IV (OCT 2010)

I5. 52.216-18 Ordering. (OCT 1995)

I6. 52.216-19 Order Limitations. (OCT 1995)

I7. 52.216-22 Indefinite Quantity. (OCT 1995)

I8. 52.217-8 Option to Extend Services. (NOV 1999)

I9. 52.222-42 Statement of Equivalent Rates for Federal Hires. (MAY 1989)

I10. 52.223-11 Ozone-Depleting Substances. (MAY 2001)

I11. 52.225-11 Buy American Act - Construction Materials under Trade Agreements. (SEP 2010)

I12. 52.225-12 Notice of Buy American Act Requirement - Construction Materials under Trade

Agreements. (FEB 2009)

I13. 52.228-13 Alternative Payment Protections. (JUL 2000)

I14. 52.232-35 Designation of Office for Government Receipt of Electronic Funds Transfer Information.

(MAY 1999)

I15. 52.236-4 Physical Data. (APR 1984)

I16. 52.236-21 Specifications and Drawings for Construction. (FEB 1997) - Alternate II (APR 1984)

I17. 52.244-2 Subcontracts. (OCT 2010)

I18. 52.252-2 Clauses Incorporated by Reference. (FEB 1998)

I19. 52.252-4 Alterations in Contract. (APR 1984)

I20. 52.252-6 Authorized Deviations in Clauses. (APR 1984)

I21. 1552.203-71 Display of EPA Office of Inspector General Hotline poster. (AUG 2000)

I22. 1552.208-70 Printing. (DEC 2005)

I23. 1552.211-79 Compliance with EPA Policies for Information Resources Management. (OCT 2000) . 52

I24. 1552.211-80 Data standards for the transmission of laboratory measurement results. (OCT 2000) .. 52

I25. 1552.232-73 Payments-fixed-rate services contract. (OCT 2000)

I26. 1552.233-70 Notice of filing requirements for agency protests. (JUL 1999)

I27. 1552.237-75 Paperwork Reduction Act. (APR 1984)

I28. 1552.237-76 Government-Contractor Relations. (JUN 1999)

I29. 1552.239-70 Rehabilitation act notice. (OCT 2000)

I30. LRT-27-14 Application of Rights in Data - Special Works Clause

LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS SECTION J

J1. 52.252-100 List of attachments

REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF BIDDERS SECTION K ... 59

K1. NOTICE Listing Contract Clauses Incorporated by Reference

K2. 52.203-2 Certificate of Independent Price Determination. (APR 1985)

K3. 52.204-8 Annual Representations and Certifications. (OCT 2010)

K4. 52.209-5 Certification Regarding Responsibility Matters. (APR 2010)

K5. 52.209-7 Information Regarding Responsibility Matters. (APR 2010)

K6. 52.215-6 Place of Performance. (OCT 1997)

K7. 52.219-1 Small Business Program Representations. (MAY 2004)

K8. 52.222-22 Previous Contracts and Compliance Reports. (FEB 1999)

K9. 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (FEB 1999)

K10. 52.222-25 Affirmative Action Compliance. (APR 1984)

K11. 52.223-13 Certification of Toxic Chemical Release Reporting. (AUG 2003)

K12. 52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan--Certification. (AUG

2009)

INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS SECTION L

L1. NOTICE Listing Contract Clauses Incorporated by Reference

L3. 52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or

Pricing Data. (OCT 2010) - Alternate IV (OCT 2010)

L4. 52.216-1 Type of Contract. (APR 1984)

L5. 52.216-27 Single or Multiple Awards. (OCT 1995)

L6. 52.222-5 Davis-Bacon Act--Secondary Site of the Work. (JUL 2005)

L7. 52.233-2 Service of Protest. (SEP 2006)

L8. 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)

L9. 52.252-5 Authorized Deviations in Provisions. (APR 1984)

L10. 1552.215-72 Instructions for the Preparation of Proposals (Aug 1999)

L11. 52.215-110 Technical questions

L12. 52.222-100 Compliance with FAR Clause 52.222-43, L13. LC-46-22 Instructions for The Preparation of a Quality Management Plan

L14. EP 52.215-115 Release of Cost or Pricing Proposals Outside the Government for Audit

L15. 1552.209-70- Organizational conflict of interest notification (APR 1984)

L16. 1552.215-70 EPA Source Evaluation and Selection Procedures-Negotiated Procurements. (AUG 1999)

L17. 1552.215-75 Past performance information. (OCT 2000)

L18. Proposed Contract Start Date:

EVALUATION FACTORS FOR AWARD SECTION M

M1. 52.217-5 Evaluation of Options. (JUL 1990)

M2. 1552.217-70 Evaluation of contract options (APR 1984)

M3. EPA Source Evaluation and Selection Procedures--Negotiated Procurements (EPAAR 1552.215-70)

(AUG 1999)

M4. Evaluation Factors For Award (EPAAR 1552.215-71) (AUG 1999)

M5. Team Subcontractor Agreements

ATTACHMENTS

Statement of Work – Attachment 1

Contractor Reports – Attachment 2

Key Personnel Qualifications – Attachment 3

Corporate Health & Safety Management Plan – Attachment 4

Client Authorization Letters – Attachment 5

Past Performance Questionnaire – Attachment 6

SCA Wage Determination – Attachment 7

SUPPLIES OR SERVICES/PRICES SECTION B

B1. 1552.216-73 Fixed rates for services-indefinite delivery/indefinite quantity contract. (APR 1984)

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

FIXED LABOR RATES (SERVICE CONTRACT ACT) BASE PERIOD (Date of Award Plus 36 Months)

BASE PERIOD

LABOR CATEGORY RATE

ESTIMATED

QUANTITY

(HOURS) TOTAL

Program Manager 220

Senior Project Manager / Principal Engineer 3,333

Project Manager / Engineer 4,333

Senior Construction Manager 4,333

Construction Manager 3,333

Quality Assurance Manager 1,000

CIH / CSP 4,333

Field Engineer / CADD Operator 4,166

Environmental Specialist 4,166

Craft Labor

Foreman 10,000

Operator 20,000

Driver 10,000

Laborer 20,000

Administration 6,000

ODC's N/A N/A $74,229,000

G&A %

Over Head %

Profit %

BASE - TOTAL

FIXED LABOR RATES (SERVICE CONTRACT ACT) OPTION ONE (37 through 60 Months After

Contract Award)

OPTION 1

ESTIMATED

Program Manager 97

Senior Project Manager / Principal Engineer 1,333

Project Manager / Engineer 1,866

Senior Construction Manager 1,876

Construction Manager 1,333

Quality Assurance Manager 534

CIH / CSP 1,867

Field Engineer / CADD Operator 1,335

Environmental Specialist 1,335

Foreman 4,542

Operator 9,233

Driver 4,542

Laborer 9,233

Administration 2,380

ODC's N/A $33,100,000

G&A %

Over Head %

Profit %

OPTION 1 - TOTAL

FIXED LABOR RATES (SERVICE CONTRACT ACT) OPTION TWO (61 Through 84 Months After

Contract Award)

OPTION 2

ESTIMATED

Program Manager 67

Senior Project Manager / Principal Engineer 667

Project Manager / Engineer 1,000

Senior Construction Manager 1,000

Construction Manager 667

Quality Assurance Manager 333

CIH / CSP 1,000

Field Engineer / CADD Operator 879

Environmental Specialist 879

Foreman 2,167

Operator 4,500

Driver 6,500

Laborer 2,167

Administration 1,335

ODC's N/A $16,495,300

G&A %

Over Head %

Profit %

OPTION 2 - TOTAL

GRAND TOTAL (Base + Option - 1 & Option - 2)

B2. 52.216-140 Minimum and maximum amounts

During the period specified in the "Ordering" clause, the Government shall place orders totaling a minimum of $5 million. The amount of all orders shall not exceed $150 million.

The maximum amount ordered shall not be greater than:

Base Period $90,000,000 Option Period 1 $40,000,000 Option Period 2 $20,000,000

The minimum amount ordered shall not be less than:

Base Period $5,000,000 Option Period 1 $100,000 Option Period 2 $100,000

If the maximum amount is exceeded, the contractor does so at its own risk.

DESCRIPTION/SPECIFICATIONS SECTION C

C1. 52.210-100 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 Statement of Work included in Attachment 1. Work will be ordered against the subject Statement of Work through Contracting Officer issuance of Task Orders.

C2. 52.210-120 Incorporation of contractor's technical proposal

Section(s) [TBD at time of award] of the Contractor's technical proposal entitled, [TBD at time of award] dated [TBD at time of award] is/are incorporated by reference and made a 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.

C3. 52.210-130 Incorporation of contractor's quality assurance (QA) plan

The Contractor shall adhere to the procedures set forth in its QA plan dated [TBD at time of award], which is incorporated by reference.

PACKAGING AND MARKING SECTION D

INSPECTION AND ACCEPTANCE SECTION E

E1. 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:

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

52.236-5 Material and Workmanship. (APR 1984)

52.246-13 Inspection - Dismantling, Demolition, or Removal of Improvements. (AUG 1996)

E2. 52.246-4 Inspection of Services—Fixed-Price (AUG 1996)

(a) Definition. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may—

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may—

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

E3. 52.246-12 Inspection of Construction (AUG 1996)

(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not—

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer.

The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary.

The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work.

Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may—

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction.

However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

E4. 52.246-20 Warranty of Services. (MAY 2001)

(a) Definition.

"Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.

(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor within 30 days from the date of acceptance by the Government. This notice shall state either -

(1) That the Contractor shall correct or reperform any defective or nonconforming services; or

(2) That the Government does not require correction or reperformance.

(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.

(d) If the Government does not require correction or reperformance, the Contracting Officer shall make an equitable adjustment in the contract price.

DELIVERIES OR PERFORMANCE SECTION F

F1. NOTICE Listing Contract Clauses Incorporated by Reference

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

52.211-13 Time Extensions. (SEP 2000)

52.211-18 Variation in Estimated Quantity. (APR 1984)

52.242-14 Suspension of Work. (APR 1984)

52.242-15 Stop-Work Order. (AUG 1989)

52.242-17 Government Delay of Work. (APR 1984)

52.247-34 F.o.b. Destination. (NOV 1991)

F2. 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)

The Contractor shall be required to (a) commence work under this contract within [To be determined] calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the date specified in the applicable task order The time stated for completion shall include final cleanup of the premises.

F3. 52.211-12 Liquidated Damages - Construction. (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of dollars to be determined by the task order for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

F4. 1552.242-71 Contractor Performance Information (Deviation)

As prescribed in section 1542.1504, insert the following clause in all applicable solicitations and contracts.

Contractor Performance Information (May 2010 Deviation)

(a) In accordance with Federal Acquisition Regulation (FAR) Subpart 42.15 and EPAAR Deviation 1542.15, past performance evaluations shall be prepared and submitted electronically to the Past Performance Information Retrieval System (PPIRS). The process for submitting evaluation reports to PPIRS shall be through use of the Contractor Performance Assessment Reporting System (CPARS) which has connectivity with PPIRS.

Using CPARS, EPA shall evaluate contractor performance using the following evaluation factors as applicable:

Technical (Quality of Product), Product Performance, Systems Engineering, Software Engineering, Logistic Support/Sustainment, Product Assurance, Other Technical Performance, Schedule, Cost Control (Not Applicable for

Firm-Fixed Price or Firm-Fixed Price with Economic Price Adjustment), Management, Management Responsiveness, Subcontract Management, Program Management and Other Management, Other Areas, and Utilization of Small Business.

Each evaluation factor shall be rated in accordance with a five scale rating system: Red/Unsatisfactory, Yellow/Marginal, Green/Satisfactory, Purple/Very Good, and Dark Blue/Exceptional, N/A = Not Applicable. Plus or minus signs may be used to indicate an improving (+) or worsening (-) trend insufficient to change assessment status.

(b) The contractor shall designate representatives to whom the evaluations will be sent automatically and electronically. The name, title, e-mail address and phone number of the designated contractor representative shall be provided to the contracting officer who will, in turn, provide that information to their CPARS Focal Point administrator for authorization access. Any changes in designated contractor personnel shall be the sole responsibility of the contractor to inform the contracting officer and the CPARS Focal Point.

The contractor has thirty (30) calendar days from the date of the contractor's receipt of the Report to review and provide a response to the contracting officer regarding the contents of the Report. The response shall be sent through

CPARS.

The contractor's response to the Report may include written comments, rebuttals (disagreements), or additional information. If the contractor does not respond to the Report within the designated thirty (30) calendar days, the specified ratings in the Report are deemed appropriate for the evaluation period. In this instance, the contracting officer shall complete the Agency review and finalize the evaluation in CPARS after expiration of the specified 30 calendar days.

If the contractor submits comments, rebuttals (disagreements), or additional information to the contracting officer which contests the ratings, the contracting officer, in consultation with the contract level contracting officer’s representative and/or applicable official, shall initially try to resolve the disagreement with the contractor.

If the disagreement is not resolved between the contractor and the contracting officer, the matter will be referred, as promptly as possible, to the Reviewing Official (an official at least one level above the contracting officer or contract specialist) for resolution.

The Agency Reviewing Official shall record a determination in CPARS. The ultimate conclusion on the performance evaluation is a decision of the EPA.

The contracting officer shall complete the Agency review and finalize the evaluation in CPARS after the contracting officer receives the Agency Reviewing Official’s determination.

An interim or final report is considered completed after the contracting officer finalizes the evaluation in CPARS.

CONTRACT ADMINISTRATION DATA SECTION G

G1. 1552.216-72 Ordering-by designated ordering officers. (APR 1984)

(a) The Government will order any supplies and services to be furnished under this contract by issuing delivery orders on Optional Form 347, or any agency prescribed form. In addition to the Contracting Officer, the following individuals are authorized ordering officers.

David Alberts Donald Anderson Rhonda Flynn Darlene Hainer Claudea Heise Thomas Harrison Geoffrey Krieger Darlene McGary Parveen Vij

(b) A Standard Form 30 will be the method of amending delivery orders.

(c) The Contractor shall acknowledge receipt of each order and shall prepare and forward to the Ordering Officer within ten (10) calendar days the proposed staffing plan for accomplishing the assigned task within the period specified.

(d) If the Contractor considers the estimated labor hours or specified work completion date to be unreasonable, he/she shall promptly notify the Ordering Officer and Contracting Officer in writing within 10 calendar days, stating why the estimated labor hours or specified completion date is considered unreasonable.

(e) Each delivery order will have a ceiling price, which the Contractor may not exceed. When the Contractor has reason to believe that the labor payment and support costs for the order, which will accrue in the next thirty (30) days, will bring total cost to over 85 percent of the ceiling price specified in the order, the Contractor shall notify the Ordering Officer.

(f) Paragraphs (c), (d), and (e) of this clause apply only when services are being ordered.

G2. 1552.237-71 Technical Direction (Alternate I) (APR 1984) (Deviation)

(a) The Project Officer is the primary representative of the Contracting Officer authorized to provide technical direction on contract performance.

(b) Individuals other than the Project Officer may be authorized to provide technical direction. If individuals other than the Project Officer are authorized to provide technical direction, their names will be specified in the contract, delivery order, work assignment or technical direction document as appropriate. A Delivery Order Project Officer, Work Assignment Manager or Task Manager is authorized to provide technical direction, subject to the limitations set forth below, only on his/her delivery order, work assignment or technical direction document.

(c) Technical direction includes:

(1) Direction to the contractor which assists the contractor in accomplishing the Statement of Work.

(2) Comments on and approval of reports or other deliverables.

(d) Technical direction must be within the contract and the delivery order, work assignment or technical direction document statement of work. The Project Officer or any other technical representative of the Contracting Officer does not have the authority to issue technical direction which (1) institutes additional work outside the scope of the contract, delivery order, work assignment or technical direction document; (2) constitutes a change as defined in the ‘Changes’ clause; (3) causes an increase or decrease in the estimated cost of the contract, delivery order, work assignment or technical direction document; (4) alters the period of performance; or (5) changes any of the other express terms or conditions of the contract, delivery order, work assignment or technical direction document.

(e) Technical direction will be issued in writing or confirmed in writing within five (5) calendar days after verbal issuance. One copy of the technical direction memorandum will be forwarded to the Contracting Officer and the Project Officer.

G3. Task Order Selection Process

It is anticipated that there will be two or more contracts that result from this solicitation. Task orders will be competitively bid to ensure fair opportunity, as required by FAR 16.505, and the best value to the Government.

Request for proposals, at a minimum, will be sent to each contract holder with the following information:

(1) A notice of the task or delivery order that includes a clear statement of the agency’s requirements and any drawings, specifications or other documents;

(2) The response period for return of proposals;

(3) Disclosure of the significant factors and subfactors, including cost or price, that the agency expects to consider in evaluating proposals, and their relative importance

The contracting officer may consider all of or some of the following when developing the procedures for award:

(1) Past performance on earlier orders under the contract, including quality, timeliness and cost control.

(2) Potential impact on other orders placed with the contractor.

(3) Minimum order requirements.

(4) A review of the contractor’s technical proposal or other documentation. This review will be to ensure the approach identified by the contractor is acceptable to the Government.

(5) Cost/Price.

Criteria for price proposals will be outlined in each task order request for proposal. Proposals may be identified by major tasks or by labor/equipment rates. Rates that are identified in this solicitation shall be used when pricing individual tasks; G&A, Overhead, and Profit as identified in Section B of this solicitation will be applied after task pricing is identified and before final price. Contractors may be asked for further breakdowns of their task list pricing in order to determine fair and reasonable pricing, and for purposes of comparison and negotiation. The Government intends to utilize final fixed prices, after task prices are determined fair and reasonable, in their evaluation criteria.

SPECIAL CONTRACT REQUIREMENTS SECTION H

H1. NOTICE Listing Contract Clauses Incorporated by Reference

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

52.232-5 Payments under Fixed-Price Construction Contracts. (SEP 2002)

H2. 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 2. 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 with an expiration date of February 28, 2003.

H3. 1552.211-72 Monthly progress report. (JUN 1996)

(a) The Contractor shall furnish 3 copies 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 to support the cost. If the work is ordered using work assignments or delivery orders, include the estimated percentage of task completed during the reporting period for each work assignment or delivery order.

(b) 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.

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

(d) 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, 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

(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.

(e) The report shall specify financial status at the work assignment or delivery 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 amount disallowed.

(3) Labor hours.

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

(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 current reporting period, 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.

(v) Display the estimates of remaining direct labor hours and costs required to complete the work assignment or delivery order.

(4) Unbilled allowable costs. Display the total costs incurred but unbilled for the current reporting period and cumulative for the work assignment.

(5) Average cost of direct labor. Display the actual average cost per hour with the cost per hour estimated in the workplan.

(6) A list of deliverables for each work assignment or delivery order during the reporting period.

(f) This submission does not change the notification requirements of the "Limitation of Cost" or "Limitation of Funds" clauses requiring separate written notice to the Contracting Officer.

(g) The reports shall be submitted to the following addresses on or before the 15th of each month following the first complete reporting period of the contract. See EPAAR 1552.232-70, Submission of Invoices, paragraph (e), for details on the timing of submittals. Distribute reports as follows:

No. of copies Addressee 2 Project Officer.

1 Contracting Officer.

H4. 1552.211-75 Working files. (APR 1984)

The Contractor shall maintain accurate working files (by task or work assignment) on all work documentation including calculations, assumptions, interpretations of regulations, sources of information, and other raw data required in the performance of this contract. The Contractor shall provide the information contained in its working files upon request of the Contracting Officer.

H5. 1552.217-76 Option to extend the effective period of the contract-indefinite delivery/indefinite quantity contract.

(a) The Government has the option to extend the effective period of this contract for two (2) additional period(s). If more than sixty (60) days remain in the contract effective period, the Government, without prior written notification, may exercise this option by issuing a contract modification. To unilaterally exercise this option within the last 60 days of the effective period, the Government must issue written notification of its intent to exercise the option prior to that last 60-day period. This preliminary notification does not commit the Government to exercising the option.

(b) If the options are exercised, the "Minimum and Maximum Contract Amount" clause will be modified to reflect new and separate minimums of [To be determined] for the first option period and [To be determined] for the second option period, and new and separate maximums of [To be determined ] for the first option period and [To be determined] for the second option period.

(c) The "Effective Period of the Contract" clause will be modified to cover a base period from [Date to be determined at time of award] to [Date to be determined at time of award] and option periods from [Date to be determined at time of award] to [Date to be determined at time of award] and [Date to be determined at time of award] to [Date to be determined at time of award]

H6. 1552.223-71 EPA Green Meetings and Conferences. (MAY 2007)

(a) The mission of the EPA is to protect human health and the environment. We expect that all Agency meetings and conferences will be staged using as many environmentally preferable measures as possible. Environmentally preferable means products or services that have a lesser or reduced effect on the environment when compared with competing products or services that serve the same purpose.

(b) As a potential meeting or conference provider for EPA, we require information about environmentally preferable features and practices your facility will have in place for the EPA event described in the solicitation.

(c) The following list is provided to assist you in identifying environmentally preferable measures and practices used by your facility. More information about EPA's Green Meetings initiative may be found on the Internet at http://www.epa.gov/oppt/greenmeetings/. Information about EPA voluntary partnerships may be found at http://www.epa.gov/partners/index.htm.

(1) Do you have a recycling program? If so, please describe.

(2) Do you have a linen/towel reuse option that is communicated to guests?

(3) Do guests have easy access to public transportation or shuttle services at your facility?

(4) Are lights and air conditioning turned off when rooms are not in use? If so, how do you ensure this?

(5) Do you provide bulk dispensers or reusable containers for beverages, food and condiments?

(6) Do you provide reusable serving utensils, napkins and tablecloths when food and beverages are served?

(7) Do you have an energy efficiency program? Please describe.

(8) Do you have a water conservation program? Please describe.

(9) Does your facility provide guests with paperless check-in & check-out?

(10) Does your facility use recycled or recyclable products? Please describe.

(11) Do you source food from local growers or take into account the growing practices of farmers that provide the food? Please describe.

(12) Do you use biobased or biodegradable products, including biobased cafeteriaware? Please describe.

(13) Do you provide training to your employees on these green initiatives? Please describe.

(14) What other environmental initiatives have you undertaken, including any environment-related certifications you possess, EPA voluntary partnerships in which you participate, support of a green suppliers network, or other initiatives? Include "Green Meeting" information in your quotation so that we may consider environmental preferability in selection of our meeting venue.

H7. 1552.224-70 Social security numbers of consultants and certain sole proprietors and Privacy Act statement. (APR 1984)

(a) Section 6041 of title 26 of the U.S. Code requires EPA to file Internal Revenue Service (IRS) Form 1099 with respect to individuals who receive payments from EPA under purchase orders or contracts. Section 6109 of title 26 of the U.S. Code authorizes collection by EPA of the social security numbers of such individuals for the purpose of filing IRS Form 1099. Social security numbers obtained for this purpose will be used by EPA for the sole purpose of filing IRS Form 1099 in compliance with section 6041 of title 26 of the U.S. Code.

(b) If the offeror or quoter is an individual, consultant, or sole proprietor and has no Employer Identification Number, insert the offeror's or quoter's social security number on the following line.

H8. 1552.227-76 Project employee confidentiality agreement. (MAY 1994) (Deviation)

(a) The Contractor recognizes that Contractor employees in performing this contract may have access to data, either provided by the Government or first generated during contract performance, of a sensitive nature which should not be released to the public without Environmental Protection Agency (EPA) approval. Therefore, the Contractor agrees to obtain confidentiality agreements from all of its employees working on requirements under this contract.

(b) Such agreements shall contain provisions which stipulate that each employee agrees that the employee will not disclose, either in whole or in part, to any entity external to EPA, the Department of Justice, or the Contractor, any information or data (as defined in FAR Section 27.401) provided by the Government or first generated by the Contractor under this contract, any site-specific cost information, or any enforcement strategy without first obtaining the written permission of the EPA Contracting Officer. If a contractor, through an employee or otherwise, is subpoenaed to testify or produce documents, which could result in such disclosure, the Contractor must provide immediate advance notification to the EPA so that the EPA can authorize such disclosure or have the opportunity to take action to prevent such disclosure. Such agreements shall be effective for the life of the contract and for a period of five (5) years after completion of the contract.

(c) The EPA may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to prevent the unauthorized disclosure of information to outside entities. If such a disclosure occurs without the written permission of the EPA Contracting Officer, the Government may terminate the contract, for default or convenience, or pursue other remedies as may be permitted by law or this contract.

(d) The Contractor agrees to insert in any subcontract or consultant agreement placed hereunder provisions which shall conform substantially to the language of this clause, including this paragraph (d), unless otherwise authorized by the Contracting Officer.

H9. 1552.235-71 Treatment of confidential business information. (APR 1984)

(a) The Contracting Officer, after a written determination by the appropriate program office, may disclose confidential business information to the Contractor necessary to carry out the work required under this contract.

The Contractor agrees to use the confidential information only under the following conditions:

(1) The Contractor and Contractor's Employees shall: (i) use the confidential information only for the purposes of carrying out the work required by the contract; (ii) not disclose the information to anyone other than EPA employees without the prior written approval of the Assistant General Counsel for Contracts and Information Law; and (iii) return to the Contracting Officer all copies of the information, and any abstracts or excerpts therefrom, upon request by the Contracting Officer, whenever the information is no longer required by the Contractor for the performance of the work required by the contract, or upon completion of the contract.

(2) The Contractor shall obtain a written agreement to honor the above limitations from each of the Contractor's employees who will have access to the information before the employee is allowed access.

(3) The Contractor agrees that these contract conditions concerning the use and disclosure of confidential information are included for the benefit of, and shall be enforceable by, both EPA and any affected business having a proprietary interest in the information.

(4) The Contractor shall not use any confidential information supplied by EPA or obtained during performance hereunder to compete with any business to which the confidential information relates.

(b) The Contractor agrees to obtain the written consent of the Contracting Officer, after a written determination by the appropriate program office, prior to entering into any subcontract that will involve the disclosure of confidential business information by the Contractor to the subcontractor. The Contractor agrees to include this clause, including this paragraph (b), in all subcontracts awarded, pursuant to this contract, that require the furnishing of confidential business information to the subcontractor.

H10. 1552.235-73 Access to Federal Insecticide, Fungicide, and Rodenticide Act Confidential Business

Information (Apr 1996). (APR 1996)

In order to perform duties under the contract, the Contractor will need to be authorized for access to Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) confidential business information (CBI). The Contractor and all of its employees handling CBI while working under the contract will be required to follow the procedures contained in the security manual entitled "FIFRA Information Security Manual." These procedures include applying for FIFRA CBI access authorization for each individual working under the contract who will have access to FIFRA CBI, execution of confidentiality agreements, and designation by the Contractor of an individual to serve as a Document Control Officer. The Contractor will be required to abide by those clauses contained in EPAAR 1552.235-70, 1552.235-71, and 1552.235-77 that are appropriate to the activities set forth in the contract.

Until EPA has approved the Contractor's security plan, the Contractor may not be authorized for FIFRA CBI access away from EPA facilities.

H11. 1552.235-75 Access to Toxic Substances Control Act Confidential Business Information (Apr 1996).

(APR 1996)

In order to perform duties under the contract, the Contractor will need to be authorized for access to Toxic Substances Control Act (TSCA) confidential business information (CBI). The Contractor and all of its employees handling CBI while working under the contract will be required to follow the procedures contained in the security manual entitled "TSCA Confidential Business Information Security Manual." These procedures include applying for TSCA CBI access authorization for each individual working under the contract who will have access to TSCA CBI, execution of confidentiality agreements, and designation by the Contractor of an individual to serve as a Document Control Officer. The Contractor will be required to abide by those clauses contained in EPAAR 1552.235-70, 1552.235-71, and 1552.235-78 that are appropriate to the activities set forth in the contract.

Until EPA has inspected and approved the Contractor's facilities, the Contractor may not be authorized for TSCA CBI access away from EPA facilities.

H12. 1552.235-76 Treatment of Confidential Business Information. (APR 1996)

(a) The Project Officer (PO) or his/her designee, after a written determination by the appropriate program office, may disclose confidential business information (CBI) to the Contractor necessary to carry out the work required under this contract. The Contractor agrees to use the CBI only under the following conditions:

(1) The Contractor and Contractor's employees shall (i) use the CBI only for the purposes of carrying out the work required by the contract; (ii) not disclose the information to anyone other than properly cleared EPA employees without the prior written approval of the Assistant General Counsel for Information Law or his/her designee; and (iii) return the CBI to the PO or his/her designee, whenever the information is no longer required by the Contractor for performance of the work required by the contract, or upon completion of the contract.

(2) The Contractor shall obtain a written agreement to honor the above limitations from each of the Contractor's employees who will have access to the information before the employee is allowed access.

(3) The Contractor agrees that these contract conditions concerning the use and disclosure of CBI are included for the benefit of, and shall be enforceable by, both EPA and any affected businesses having a proprietary interest in…