SOL-R5-15-00004_Amendment_1.pdf

SOLICITATION, OFFER, AND AWARD

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700) ►

RATING PAGE OF PAGES

N/A 1 196

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NO.

SOL-R5-15-00004

SEALED BID (IFB)

05/21/2015

NEGOTIATED (RFP)

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

Region 5, Acquisition Section, MCC-10J US Environmental Protection Agency 77 West Jackson Boulevard Chicago, IL 60604-3507

◄ Commercial Carrier or Hand Delivery

Region 5 US Environmental Protection Agency 77 West Jackson Boulevard Chicago, IL 60604-3507

◄ U.S. Mail Delivery

NOTE: In sealed bid solicitations, “offer” and “offeror” mean “bid” and “bidder”.

SOLICITATION

9. Sealed offers in original and (see L.12) copies for furnishing the supplies or services in the schedule will be received at the place specified in Item 8, or if hand carried, in the depository located in Block 7 above until 2:00 PM local time 06/22/2015

(Hour) (Date)

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL: ►

A. NAME B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

Michael Dunneback

AREA CODE

NUMBER EXT.

Dunneback.michael@epa.gov

11. TABLE OF CONTENTS

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

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1-7 X I CONTRACT CLAUSES 68-81

X B SUPPLIES OR SERVICES AND PRICES/COSTS 8-15 PART III - LIST OF DOCUMENTS, EXIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 16-18 X J LIST OF ATTACHMENTS 82

X D PACKAGING AND MARKING 19 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 20-21

X K

REPRESENTATIONS, CERTIFICATIONS

AND OTHER STATEMENTS OF OFFERORS

83-87

X F DELIVERIES OR PERFORMANCE 22-29

X G CONTRACT ADMINISTRATION DATA 30-37 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 88-107

X H SPECIAL CONTRACT REQUIREMENTS 38-67 X M EVALUATION FACTORS FOR AWARD 108-111

OFFER (Must be fully completed by the offeror)

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

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each

Item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)

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

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

(The offeror acknowledges receipt of amend-ments to the SOLICITATION for offerors and related documents numbered and dated):

15A. NAME AND

ADDRESS

OF

OFFEROR

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

SECTION A – SOLICITATION, OFFER AND

AWARD

(Type or print)

15B. TELEPHONE NUMBER 15C. CHECK IF REMITTANCE ADDRESS IS 17. SIGNATURE 18. OFFER DATE

AREA CODE NUMBER EXT. DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE

AWARD (To be completed by Government)

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

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN

► BLOCK 25

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

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

U.S. Environmental Protection Agency Research Triangle Park Financial Management Center Mail Code D143-02 Research Triangle Park, NC 27711

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

Thomas Harrison

(Signature of Contracting Officer)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Superfund Technical Assessment and Response Team (START IV Non-Emergency) SOL-R5-15-00004

TABLE OF CONTENTS

SOLICITATION, OFFER, AND AWARD

SECTION B - Supplies or Services/Prices

B.1 MOBILIZATION

B.2 FIXED RATES FOR SERVICES--INDEFINITE DELIVERY/INDEFINITE QUANTITY

CONTRACT (EPAAR 1552.216-73) (APR 1984)

B.3 COST REIMBURSEMENT PORTION

B.4 MINIMUM AND MAXIMUM AMOUNTS

B.5 LIMITATION OF GOVERNMENT'S OBLIGATIONS UNDER TASK ORDERS

B.6 FIXED RATE FOR EQUIPMENT

B.7 RESPONSE TIME

SECTION C - Description/Specifications

C.1 NOTICE REGARDING PROHIBITED CONTRACTOR ACTIVITIES ON

ENVIRONMENTAL PROTECTION AGENCY (EPA) CONTRACTS

C.2 STATEMENT OF WORK

C.3 COMPLIANCE WITH EPA POLICIES FOR INFORMATION RESOURCES

MANAGEMENT (EPAAR1552.211-79) (OCT 2000)

C.4 ACQUISITION AND USE OF ENVIRONMENTALLY PREFERABLE PRODUCTS AND

SERVICES

C.5 INCORPORATION OF CONTRACTOR'S PLANS

SECTION D – PACKAGING AND MARKING

[There are NO clauses in this Section]

SECTION E - INSPECTION AND ACCEPTANCE

E.1 Contract Clauses Incorporated by Reference

E.2 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (GOVERNMENT

SPECIFICATION) (FAR 52.246-11) (MAR 2001)

E.3 INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

F.1 Contract Clauses Incorporated by Reference

F.2 USE OF RECOVERED MATERIALS IN PAPER AND PAPER PRODUCTS (EP 52.210-150) 22

(JUN 1991)

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

F.4 WORKING FILES (EPAAR 1552.211-75) (APR 1984)

F.5 FINAL REPORTS (EPAAR 1552.211-77) (SEP 2013)

F.6 MANAGEMENT CONSULTING SERVICES (EPAAR 1552.211-78) (APR 1985)

F.7 PERIOD OF PERFORMANCE

F.8 ELECTRONIC SUBMISSION OF DELIVERABLES

SECTION G - Contract Administration Data

G.1 ORDERING--BY DESIGNATED ORDERING OFFICERS (EPAAR 1552.216-72)

(APR 1984) ALTERNATE I

G.2 ORDERING WORK

G.3 TECHNICAL DIRECTION DOCUMENTS

G.4 SUBMISSION OF INVOICES. (EPAAR 1552.232-70) (JUN 1996) DEVIATION

G.5 SITE SPECIFIC INVOICING INSTRUCTIONS

G.6 INVOICING REQUIREMENTS

G.7 PAYMENTS-FIXED-RATE SERVICES CONTRACT. (EPAAR 1552.232-73) (OCT 2000)

G.8 CONTRACT ADMINISTRATION REPRESENTATIVES. (EPA-G-42-101) LOCAL CLAUSE

SECTION H - Special Contract Requirements

H.1 SAMPLE COLLECTION, DATA MANAGEMENT, REVIEW, TRACKING AND

REPORTING REQUIREMENTS

H.2 TRAINING

H.3 REQUIRED STANDARD OF WORKMANSHIP

H.4 TECHNICAL DIRECTION DOCUMENT CONFLICT OF INTEREST NOTIFICATION

H.5 DISPLAY OF EPA OFFICE OF INSPECTOR GENERAL HOTLINE POSTER (EPAAR

1552.203-71) (AUG 2000)

H.6 PRINTING (EPAAR 1552.208-70) (DEC 2005)

H.7 ORGANIZATIONAL CONFLICTS OF INTEREST (EPAAR 1552.209-71) (MAY 1994)

H.8 NOTIFICATION OF CONFLICT OF INTEREST REGARDING PERSONNEL (EPAAR

1552.209-73) (MAY 1994)

H.9 LIMITATION OF FUTURE CONTRACTING (EPAAR 1552.209-74 - ALTERNATE II)

(START) (APR 2004)

H.10 ANNUAL CERTIFICATION (EPAAR 1552.209-75) (MAY 1994)

H.11 DATA STANDARDS FOR THE TRANSMISSION OF LABORATORY MEASUREMENT

RESULTS (EPAAR 1552.211-80) (OCT 2000)

H.12 ADVANCED UNDERSTANDING-UNCOMPENSATED TIME (EPAAR 1552.215-74)

(AUG 1999)

H.13 PROJECT EMPLOYEE CONFIDENTIALITY AGREEMENT (EPAAR 1552.227-76)

(MAY 1994)

H.14 INSURANCE LIABILITY TO THIRD PERSONS (EPAAR 1552.228-70) (OCT 2000)

H.15 SCREENING BUSINESS INFORMATION FOR CLAIMS OF CONFIDENTIALITY (EPAAR

1552.235-70) (APR 1984)

H.16 TREATMENT OF CONFIDENTIAL BUSINESS INFORMATION (EPAAR 1552.235-71)

(APR 1984)

H.17 ACCESS TO FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT

CONFIDENTIAL BUSINESS INFORMATION (EPAAR 1552.235-73) (APR 1996)

H.18 ACCESS TO TOXIC SUBSTANCES CONTROL ACT CONFIDENTIAL BUSINESS

INFORMATION (EPAAR 1552.235-75)(APR 1996)

H.19 TREATMENT OF CONDFIDENTIAL BUSINESS INFORMATION (TSCA)(EPAAR

1552.235-76) (APR 1996)

H.20 DATA SECURITY FOR FEDERAL INSECTICIDE, FUNGICIDE AND RODENTICIDE ACT

CONFIDENTIAL BUSINESS INFORMATION (EPAAR 1552.235-77) (DEC 1997)

H.21 DATA SECURITY FOR TOXIC SUBSTANCES CONTROL ACT CONFIDENTIAL

BUSINESS INFORMATION (EPAAR 1552.235-78) (DEC 1997)

H.22 RELEASE OF CONTRACTOR CONFIDENTIAL BUSINESS INFORMATION (EPAAR

1552.235-79) (APR 1996)

H.23 ACCESS TO CONFIDENTIAL BUSINESS INFORMATION (EPAAR 1552.235-80)

(OCT 2000)

H.24 TECHNICAL DIRECTION (EPAAR 1552.237-71) (AUG 2009)

H.25 KEY PERSONNEL (EPAAR 1552.237-72) (APR 1984)

H.26 PUBLICITY (EPAAR 1552.237-74) (APR 1984)

H.27 PAPERWORK REDUCTION ACT (EPAAR 1552.237-75) (APR 1984)

H.28 GOVERNMENT-CONTRACTOR RELATIONS (EPAAR 1552.237-76) (JUN 1999)

H.29 REHABILITATION ACT NOTICE (EPAAR 1552.239-70) (OCT 2000)

H.30 LOCAL CLAUSES EPA-H-09-107 UNPAID FEDERAL TAX LIABILITY & FELONY

CRIMINAL VIOLATION CERTIFICATION (APR 2012)

H.31 LOCAL CLAUSES EPA-H-09-108 REGIONAL CROSSOVER

H.32 LOCAL CLAUSES EPA-H-15-101 RELEASE OF COST OR PRICING PROPOSALS

OUTSIDE THE GOVERNMENT FOR AUDIT

H.33 LOCAL CLAUSES EPA-H-31-104 APPROVAL OF CONTRACTOR TRAVEL

H.34 LOCAL CLAUSES EPA-H-37-101 EXPERT TESTIMONY

H.35 LOCAL CLAUSES EPA-H-42-102 UTILIZATION OF FEDCONNECT FOR CONTRACT

ADMINISTRATION (MAR 2013)

H.36 LOCAL CLAUSES EPA-H-11-103 GOVERNMENT RIGHTS UNDER THE

COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT

H.37 LOCAL CLAUSES EPA-H-23-101 ENVIRONMENTALLY PREFERABLE PRACTICES

H.38 LOCAL CLAUSES EPA-H-04-101 RETENTION AND AVAILABILITY OF CONTRACTOR

FILES 58

H.39 LOCAL CLAUSES EPA-H-27-102 CONFIDENTIALITY OF INFORMATION

H.40 LOCAL CLAUSES EPA-H-31-103 LIMITATION ON REIMBURSEMENT FOR RENTAL

EQUIPMENT

H.41 LOCAL CLAUSES EPA-H-31-102 FINAL RECONCILIATION OF COSTS

H.42 LOCAL CLAUSES EPA-H-09-101 CONTRACTOR DISCLOSURE REQUIREMENTS FOR

CONFLICT OF INTEREST

H.43 LOCAL CLAUSES EPA-H-04-102 ELECTRONIC SIGNATURES

H.44 LOCAL CLAUSES EPA-H-09-105 TECHNICAL DIRECTION DOCUMENT CONFLICT OF

INTEREST NOTIFICATION

H.45 LOCAL CLAUSES EPA-H-09-106 TASK ORDER CONFLICT OF INTEREST

CERTIFICATION

H.46 LOCAL CLAUSES EPA-H-09-102 CONTRACTOR DISCLOSURE REQUIREMENTS FOR

FUTURE CONTRACTING REQUESTS

H.47 LOCAL CLAUSES EPA-H-11-101 HEALTH AND SAFETY

H.48 LOCAL CLAUSES EPA-H-07-101 PUBLIC COMMUNICATION

H.49 LOCAL CLAUSES EPA-H-28-102 MINIMUM INSURANCE REQUIREMENTS

H.50 LOCAL CLAUSES EPA-H-28-103 SUBMISSION OF 3RD PARTY INSURANCE

CERTIFICATES

H.51 POST-AWARD CONFERENCE

H.52 CONTRACTOR PERFORMANCE DISCUSSIONS

H.53 STOP WORK ORDER FOR INDIVIDUAL TASK ORDERS

H.54 AUTHORITY TO TAKE DIRECTION

H.55 SPECIAL PROVISIONS REGARDING TERMINATION OF INDIVIDUAL ORDERS

H.56 LOCATIONAL DATA POLICY

H.57 DISCOUNT AIR PASSENGER TRANSPORTATION RATES

H.58 DISCOUNT HOTEL/MOTEL LODGING RATES

H.59 FUTURE EXPERT CONSULTING SERVICES

H.60 REMOVAL COST MANAGEMENT SOFTWARE SYSTEM (RCMS)

H.61 ACCESS RIGHTS AND ACCESS AGREEMENTS

H.62 RELEASE OF COST OR PRICING PROPOSALS OUTSIDE THE GOVERNMENT FOR

AUDIT (EPA-H-15-101)

SECTION I - Contract Clauses

I.1 Clauses Incorporated by Reference

I.2 DISPLAY OF HOTLINE POSTER(S) (FAR 52.203-14)(DEC 2007)

I.3 APPROVAL OF CONTRACT (FAR 52.204-1) (DEC 1989)

I.4 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY

MATTERS (FAR 52.209-9) (JUL 2013)

I.5 NOTIFICATION OF OWNERSHIP CHANGES (FAR 52.215-19) (OCT 1997)

I.6 ORDERING (FAR 52.216-18) (OCT 1995)

I.7 ORDER LIMITATIONS (FAR 52.216-19) (OCT 1995)

I.8 INDEFINITE QUANTITY (FAR 52.216-22) (OCT 1995)

I.9 OPTION TO EXTEND SERVICES (FAR 52.217-8) (NOV 1999)

I-10 SPECIAL 8(A) CONTRACT CONDITIONS. (FAR 52.219-11) (FEB 1990)

I-11 NOTICE OF SET-ASIDE OF ORDERS. (FAR 52.219-13) (NOV 2011)

I-12 SECTION 8(A) AWARD. (FAR 52.219-17) (DEC 1996)

I-13 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A) CONCERNS

(FAR 52.219-18) (JUN 2003)

I.14 NOTICE OF RADIOACTIVE MATERIALS (FAR 52.223-7) (JAN 1997)

I.15 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA

DESIGNATED ITEMS (FAR 52.223-9) (MAY 2008)

I.16 OZONE-DEPLETING SUBSTANCES (FAR 52.223-11) (MAY 2001)

I-17 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR. (FAR 52.232-19) (APR 1984) 77

I.18 INVITATION TO PROPOSE PERFORMANCE-BASED PAYMENTS (FAR 52.232-28) (MAR

2000) 78

I.19 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS

(FAR 52.232-40) (AUG 2012)

I.20 SUBCONTRACTS (FAR 52.244-2) (OCT 2010)

I.21 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998)

I.22 AUTHORIZED DEVIATIONS IN CLAUSES (FAR 52.252-6) (APR 1984)

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

J.1 LIST OF ATTACHMENTS (EP 52.252-100)(APR 1984)

1. STATEMENT OF WORK – Page 112

2. KEY PERSONNEL QUALIFICATIONS – Page 146

3. PAST PERFORMANCE QUESTIONNAIRE – Page 148

4. CLIENT AUTHORIZATION LETTER – Page 153

5. INVOICE PREPARATION INSTRUCTIONS – Page 155

6. QUALITY ASSURANCE PROJECT PLAN – Page 160

7. SITE SPECIFIC INVOICE REQUIREMENTS – Page 162

8. ANNUAL SETTLEMENT OF ALLOWABLE COSTS – Page 170

9. QUALITY MANAGEMENT PLAN REVIEW CHECKLIST – Page 175

10. LABOR CATEGORY DESCRIPTIONS AND REQUIREMENTS – Page 187

11. GUIDANCE DOCUMENT FOR COSTS TO BE INCLUDED IN THE FIXED LABOR RATES

– Page 195

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

K.1 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FAR 52.204-8) (DEC 2014)

K.2 ORGANIZATIONAL CONFLICT OF INTEREST CERTIFICATION (EPAAR 1552.209-72)

(APR 1984)

K.3 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS

(FAR 52.204-19)(DEC 2014)

K.4 REPRESENTATION BY CORPORATIONS REGARDING A FELONY CONVICTION

UNDER FEDERAL LAW OR UNPAID FEDERAL TAX LIABILITY (EPA-K-04-101)(APR 2012)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 CONTRACT CLAUSES INCORPORATED BY REFERENCE

L.2 FACILITIES CAPITAL COST OF MONEY (FAR 52.215-16) (JUN 2003)

L.3 INSTRUCTIONS TO OFFERORS – COMPETITIVE ACQUISITION (FAR 52.215-1) (JAN

2004) 88

L.4 LIMITATIONS ON PASS-THROUGH CHARGES – IDENTIFICATION OF

SUBCONTRACTOR EFFORT (FAR 52.215-22)(OCT 2009)

L.5 TYPE OF CONTRACT (FAR 52.216-1)(APR 1984)

L.6 AUTHORIZED DEVIATIONS IN PROVISIONS (FAR 52.252-5) (APR 1984)

L.7 DISCLOSURE REQUIREMENTS FOR ORGANIZATIONAL CONFLICT OF INTEREST

(EPA-L-09-102)

L.8 SERVICE OF PROTEST (FAR 52.233-2) (SEP 2006)

L.9 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FAR 52.252-1) (FEB

1998) 94

L.10 UNNECESSARILY ELABORATE PROPOSALS OR QUOTATIONS

L.11 ORGANIZATIONAL CONFLICT OF INTEREST NOTIFICATION (EPAAR 1552.209-70)

(APR 1984)

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

L-13 PROPOSAL INSTRUCTIONS (EPA-L-36-101)

L.14 SUBMISSION OF CONTRACTOR PLANS

L.15 PAST PERFORMANCE INFORMATION

L.16 LOCAL CLAUSE EPA-L-09-103 MINIMUM STANDARDS FOR EPA CONTRACTOR

CONFLICT OF INTEREST PLAN

L.17 SINGLE OR MULTIPLE AWARDS (FAR 52.216-27)(OCT 1995)

L.18 TECHNICAL QUESTIONS (EPA-L-15-102) (MAR 2013) – ALTERNATE I

L.19 LOCAL CLAUSE EPA-L-09-101 SUBMISSION OF ORGANIZATIONAL CONFLICT OF

INTEREST PLAN

L.20 LOCAL CLAUSE EPA-L-19-101 IDENTIFICATIONI OF SET-ASIDE/8(A) PROGRAM

APPLICABILITY

L.21 LOCAL CLAUSE EPA-L-46-101 INSTRUCTIONS FOR THE PREPARATION OF A

QUALITY MANAGEMENT PLAN

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

M-2 EPA SOURCE EVALUATION AND SELECTION PROCEDURES-NEGOTIATED

PROCUREMENTS. (EPAAR 1552.215-70) (AUG 1999)

M-3 EPAAR 1552.215-71 EVALUATION FACTORS FOR AWARD (AUG 1999) ALT III (AUG

2000). 108

M.4 EVALUATION OF STANDARD OPERATING PROCEDURES

ATTACHMENT 1

ATTACHMENT 2

ATTACHMENT 3

ATTACHMENT 4

ATTACHMENT 5

ATTACHMENT 6

ATTACHMENT 7

ATTACHMENT 8

ATTACHMENT 9

ATTACHMENT 10

ATTACHMENT 11

SECTION B - Supplies or Services/Prices

B.1 MOBILIZATION

The Government’s intent is to allow a contract mobilization period of thirty (30) calendar days between the contract award date and the contract start date. The Government’s intent from the contractor is to be fully staffed and operational, ready to accept work from EPA at the time of award. Any ongoing work from the predecessor contract will be transitioned to this contract. The costs for mobilization are included in the fully loaded fixed rates.

B.2 FIXED RATES FOR SERVICES--INDEFINITE DELIVERY/INDEFINITE QUANTITY

CONTRACT (EPAAR 1552.216-73) (APR 1984)

I. Base Period (Years 1-5)

a. LABOR SCHEDULE

The following fully loaded fixed labor rates, inclusive of all indirect costs and profit, shall apply for the duration of the Base Period for the contract. The contractor shall propose separate labor rates for the Non-Field Labor, and

Non-Level A Field Labor, as necessary to perform the requirements in the Statement of Work. The Estimated labor hour’s column will be used for proposal analysis and to establish contract ceilings. In addition, the estimated hours will be used to establish ceiling upon contract award. All Labor category descriptions are listed in attachment 10.

Schedule for Non-Field Labor Costs

Labor Category Fixed Fully

Loaded Hourly

Rate

Estimated

Hours

Estimated Total

(Hours * Rate)

CLIN 0001AA - Engineer 1 548

CLIN 0001AB - Engineer 2 291

CLIN 0001AC - Engineer 3 183

CLIN 0001AD - Engineer 4 1890

CLIN 0001AE - GIS 1 443

CLIN 0001AF - GIS 2 443

CLIN 0001AG - Principal 453

CLIN 0001AH - Principal Scientist 1711

CLIN 0001AI - Principal Engineer 453

CLIN 0001AJ – Professional Support 1 443

CLIN 0001AK – Professional Support 2 392

CLIN 0001AL - Scientist 1 963

CLIN 0001AM - Scientist 2 3984

CLIN 0001AN - Scientist 3 3661

CLIN 0001AO - Scientist 4 2029

CLIN 0001AP - Technician 3333

CLIN 0001AQ - Certified Industrial Hygienist 74

CLIN 0001AR - Database or Information Technology Professional 1

CLIN 0001AS - Database or Information Technology Professional 2

CLIN 0001AT – Editor 75

CLIN 0001AU - Industrial Hygienist 73

Labor Category Fixed Fully

Loaded Hourly

Rate

Estimated

Hours

Estimated Total

(Hours * Rate)

CLIN 0001AV - Project Manager 1 105

CLIN 0001AW - Project Manager 2 106

CLIN 0001AX – Quality Manager 133

CLIN 0001AY – Hazardous Waste 51

Subtotal ----------------- 22,166

Schedule for Non-Level A Field Labor Costs

Labor Category Fixed

Fully

Loaded

Hourly

Rate

Hours Cost (multiply

Fully burdened rate times hours)

CLIN 0002AA - Engineer 1 526

CLIN 0002AB - Engineer 2 279

CLIN 0002AC - Engineer 3 176

CLIN 0002AD - Engineer 4 1815

CLIN 0002AE - GIS 1 426

CLIN 0002AF - GIS 2 426

CLIN 0002AG - Principal 436

CLIN 0002AH - Principal Scientist 1643

CLIN 0002AI - Principal Engineer 436

CLIN 0002AJ – Professional Support 1 426

CLIN 0002AK – Professional Support 2 377

CLIN 0002AL - Scientist 1 925

CLIN 0002AM - Scientist 2 3826

CLIN 0002AN - Scientist 3 3516

CLIN 0002AO - Scientist 4 1949

CLIN 0002AP – Technician 3201

CLIN 0002AQ - Certified Industrial Hygienist 71

CLIN 0002AR - Database or Information Technology Professional 1

CLIN 0002AS - Database or Information Technology Professional 2

CLIN 0002AT – Editor 72

CLIN 0002AU - Industrial Hygienist 70

CLIN 0002AV - Project Manager 1 101

CLIN 0002AW - Project Manager 2 102

CLIN 0002AX – Quality Manager 127

CLIN 0002AY – Hazardous Waste Specialist 49

Subtotal ------------ 21,291

b. OTHER DIRECT COSTS

ODCs under this contract include travel, analytical services, and miscellaneous ODC’s (i.e. authorized expendables, drums). The total amount for Other Direct Costs allowable under this contract for the Base Period is estimated at

$1,621,714, exclusive of General & Administrative (G&A)/Material Handling (MH) (if applicable). The distribution as shown below is for estimating purposes only.

CLIN & Description Estimated Other

Direct Costs

Material Handling

Fixed Rates

Estimated

Material

Handling Costs

Total

Estimated

Costs

CLIN 0003 – Travel $552,223

CLIN 0004 – Subcontract $608,572

CLIN 0005 – Analytical Services $281,746

CLIN 0006 – Miscellaneous ODCs $140,873

Total ODC’s $1,583,414 ----------------- -----------------

* The amounts specified in the ODC schedule are estimates only, upon contract award they will become contractual ceilings. The estimated amount for ODCs may be greater or less than the amounts specified as long as the maximum contract ceiling amount/total estimate contract amount is not exceeded. The fixed rate (if any) for

Material Handling shall apply for the duration of the contract.

c. EQUIPMENT

The fixed rates for equipment found below in the cost/price schedule are inclusive of all expenses including, but not limited to, maintenance and calibration, overhead, general and administrative expenses, and profit.

Once mobilized, the Contractor may elect to substitute identical equipment types for what is already on site.

However, EPA will not pay any associated mobilization charges for any such item(s).

Fixed Rates for Equipment

CLIN Equipment Description Daily Rate Weekly Rate Monthly Rate Yearly Rate

0007 Personal DataRAM 4000

Particulate Monitor

0008 Personal DataRAM 1500

Particulate Monitor

0009 YSI Water Quality Meter

0010 AreaRAE Rapid Deployment

Kit

0011 MultiRAE Pro

0012 Mercury vapor analyzer that can analyze below 1 µg/m3

0013 HazMatID

0014 HAZCAT Kits

0015 Low flow water pumps

0016 SKC air sampling pumps

0017 Gillian air sampling pumps

0018 Aircon air sampling pumps

0019 MicroR meter

0020 Alpha/Beta/Gamma rate meter

0021 Personal Dosimeter

0022 Submeter accurate GPS

Subtotal Equipment

a. Total Labor (Add subtotal for Non-Field Labor Costs to subtotal for Non-Level A Field Labor Costs for the

Base Period) $

b. Total ODC’s (Base Period) $

c. Total Equipment (Multiply the Daily Rate for each equipment CLIN (i.e., CLINs 0007 through 0022) by

1,825 days (total amount of days for base period). Then add those products together to get Total

Equipment cost for the Base Period.)

Total Cost (Base Period) (a+b+c) $

2. FIXED RATE

A. The fully loaded fixed labor rates set forth in the schedule shall be inclusive of all expenses including contract level required reports, wages or salaries, labor costs, fringe benefits, overhead, program management, training, routine equipment and supplies, and general and administrative expenses and profit.

B. If a labor rate has been established for a labor category set forth in the schedule for the contractor or subcontractor, but the contractor or subcontractor decides to provide that labor category through a third party subcontract, reimbursement for that labor category shall be reimbursed at cost, but will not, in any event exceed the rate set forth in this contract for that labor category for the contractor or subcontractor, depending upon which entity

(contractor or subcontractor) acquires the labor.

C. Non-Field labor is labor which is conducted at the office when not onsite. For example, it includes specific

Task Order or TDD Level reporting. Labor for this reporting shall be billed at the Non-Field rate of the individual who prepares the report.

D. Non-Level A Field Labor is defined as all other labor and personal protective equipment costs for personnel who are conducting actions in the field, including drills and exercises. For the purposes of this section, the “FIELD” is defined as the area outside of the employee’s routine office location. Non-Level A Field Labor begins at the time personnel are mobilized for a response action, and ends upon the employee’s return to the office.

Non-Level A Field Labor shall include all costs for Non-Level A tasks, e.g. level B response, and costs to perform other tasks called for in the SOW.

E. When an individual employee’s normally assigned category of labor is higher than the function he/she is performing during any period of work at a specific site, the rate charged for that employee shall be based on the function that the employee is performing (e.g. Senior Scientist who is performing the duties of a Junior Technician shall be charged at the loaded fixed rate for a Junior Technician during the period of time he/she is performing these duties).

F. When an individual employee’s normally assigned category of labor is at a rate lower than the function he is performing during any period of work at a specific site, the rate charged for that employee shall be based on the actual rate paid to that employee (e.g. Junior Technician performing the duties of a Senior Scientist shall be charged at the fixed rate for a Senior Scientist only if the employee is paid by the contractor at the rate of a Senior Scientist).

If the employee is not paid at the higher rate, the contractor shall only bill at the rate of the employee’s normally assigned category of labor. The employee must meet the qualifications set forth in the contract for the labor category being performed per attachment 10.

G. In the event that on-going work on-site is interrupted at any time due to inclement weather, unsafe condition, or other conditions beyond either the control of the contractor or the control of the Government, as determined by the on-scene coordinator, EPA will not pay the contractor for any labor costs during such interruptions; that is, EPA will not reimburse the contractor in excess of those hours actually worked on the site. The contractor shall not be reimbursed for standby.

3. TRAVEL

A. When an employee is required to travel in excess of fifty (50) miles one way from his/her residence or place of employment (whichever is less) to a site and return, such travel is considered work time for which reimbursement by the Government should be made at appropriate straight time rates. Reimbursement for travel time shall not be made by EPA if the contractor's employee(s) is/are not paid for travel time. Miles shall be measured in actual miles as determined by the contracting officer.

B. For any employee, routine daily commuting time (less than 50 miles one-way) to and from the work site is not an allowable charge under the contract. The Contractor agrees to make every effort to utilize employees from the nearest possible location.

C. Except as explicitly set forth below, the Contractor shall be reimbursed for reasonable and allocable travel costs actually incurred by and paid to the Contractor's employees, provided such costs do not exceed the amount that would be payable to an employee of the Environmental Protection Agency conducting the same travel while on

Government business. In determining the dollar value of allowable contractor employee travel costs, the limitations of the Federal Travel Regulations effective on the date of travel will apply to contractor employees to the same extent they apply to Federal Government employees.

The Contractor's primary mobilization points for establishing reasonableness for personnel travel associated costs are listed below:

_______ _______To Be Determined by Offeror

The Contractor agrees to make every effort to mobilize field personnel from the nearest available location to the site of the cleanup; however, in no event shall the travel charges exceed what the charge would be if the employee were mobilized from the Contractor's primary mobilization point.

Once employees are working on site, the Contractor may elect to make personnel substitutions. However, EPA will not pay any associated travel charges for any such substitution unless determined to be appropriate by the OSC or authorized Contracting Officer’s Representative (COR). On occasions where an employee takes sick or vacation leave from an EPA site, the Government will not pay any travel costs associated with the departing employee or for the employee designated as his/her replacement.

The Contractor may be required to furnish to the Contracting Officer documentary proof of all incidental travel expenditures that exceed seventy-five dollars ($75), including receipts for common carrier transportation and hotel receipts.

The Contractor may elect to reimburse its employees for meals and incidental expenses (as defined in the Federal

Travel Regulations) on a per diem basis, and the Contractor will be reimbursed for such payments, provided the employees are actually paid on a per diem basis. In no event shall the reimbursement allowed under this clause exceed the standard per diem for meals and incidental expenses allowable under the Federal Travel Regulations.

D. Consistent with the expected duration of the site, the contractor shall ensure to the maximum extent practicable, that lodging is secured on "other than a daily rate basis" so that maximum quantity and term discounts are achieved.

Further, on long-term sites, to the maximum extent practicable, the contractor shall secure full service lodging suites inclusive of kitchen facilities. A long-term site is defined as an active site with a duration of greater than sixty days. When this is accomplished, subsistence will be reduced to a negotiated portion of the Offeror's standard reimbursement for meals and incidental expenses.

Personnel subject to this limitation include alternate relief personnel mobilizing to an existing long-term site.

4. NEGOTIATION OF ADDITIONAL FIXED RATES

A. From time to time, additional items (non-prepriced) may be added to the section B Clauses titled "FIXED

RATES FOR SERVICES–INDEFINITE DILIVERY/INDEFINITE QUANTITY CONTRACT”. If the Contractor identifies additional items for inclusion in this clause or an item for which development of a fixed rate applicable to an individual Task Order is appropriate, the Contractor must submit the request to the Contracting Officer in writing with required supporting documentation in accordance with paragraph B, below.

B. In the event an item is utilized on a Task Order prior to a rate being negotiated, a non-prepriced rate applicable to only that Task Order may be assigned by the CO or OSC. The Contractor must submit a proposed fixed rate to the

Contracting Officer (with a copy to the OSC and Contracting Officer’s Representative) along with the required supporting documentation. This documentation must reflect recent market survey data (a minimum of three quotes).

A final fixed rate is subject to the approval of the Contracting Officer and shall be incorporated via contract modification. If the final fixed rate is different from the OSC assigned rate and the Contractor has already billed for this item, the Contractor shall make the appropriate adjustment on his/her next invoice for the Task Order.

5. PAYMENT OF ALLOWABLE COSTS

The Contractor shall pay its subcontractors in accordance with the Section G Clause PAYMENTS--FIXED-RATE

SERVICES CONTRACT (EPAAR 1552.232-73). The Contractor must be able to substantiate through its accounting system that costs billed were actually incurred.

*NOTE: The term "cost" is defined as allowable amounts for fixed rate services in accordance with the terms and conditions of the contract as modified, and those items defined under the COST REIMBURSEMENT PORTION clause located in section B.

6. INCREASED CAPACITY POOL

In case of catastrophic event e.g., terrorist attack, man-made accident, or natural disaster which causes the contract to exceed the capacity of the contract, a cost pool enabling additional contract effort shall be available. Excess capacity pool shall be 50% of the total awarded contract cost.

B.3 COST REIMBURSEMENT PORTION

The cost reimbursement portion of the contract consists of travel, non-routine equipment and subcontracts, analytical services and miscellaneous ODCs. All costs that do not come within these limited categories are considered to be part of the fixed rate portion of the contract. Therefore, these costs are separate and distinct from the fixed rate portion of the contract. The cost reimbursement portion of the contract will be funded on an as-needed basis. The contractor will only be reimbursed for actual costs incurred that are required to accomplish the tasks outlined in the START Statement of Work. 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.

The following amounts are estimates for each of the cost reimbursement categories per contract period of performance. Direct costs in excess of the following estimates for any given period of performance of the contract are not allowable as a charge to this contract without the prior written approval of the Contracting Officer. Only the

Contracting Officer can change the amounts of the categories of the Cost Reimbursement Portion. These costs do not include applicable indirect costs.

Base Period

Travel $565,580

Subcontract $623,292

Analytical Services $288,561

Miscellaneous ODC’s $144,281

Travel is limited to site specific travel, unless prior written authorization has been obtained from the Contracting

Officer.

Subcontracts include well drilling; monitoring well installation; geophysical investigation techniques, such as ground penetrating radar; leases for non-routine equipment; laboratory analytical services.

Miscellaneous ODCs, including Materials and Supplies, are separate and distinct from those items included in the fixed rate portion of the contract. The contractor shall not charge the Government as materials/supplies those items that are priced in the fixed rate portion of the contract.

B.4 MINIMUM AND MAXIMUM AMOUNTS

During the period specified in the section G clause entitled "Ordering-By Designated Ordering Officers”, the

Government shall place orders totaling a minimum of $10,000.00. The maximum ceiling amount of all orders shall not exceed to be determined. If the ceiling amount is exceeded, the contractor does so at its own risk.

B.5 LIMITATION OF GOVERNMENT'S OBLIGATIONS UNDER TASK ORDERS

(a) Regardless of the type of Task Order issued the individual Task Order may be incrementally funded.

(b) Under each task order, the Contractor agrees to perform up to the point at which the total amount payable by the

Government, including reimbursement for demobilization costs or in the event of termination of those items for the

Government’s convenience, approximates the total amount currently allotted to the contract. The Contractor will not be obligated to continue work under a task order beyond that point. The Government will not be obligated in under any circumstances to reimburse the contractor in excess of the amount obligated on a task order except for reimbursement of termination settlement costs as provided for under paragraph (g)(3) of the FAR clause 52.249-2 entitled “Termination for Convenience of the Government (Fixed-Price)(APR 2012)” and paragraph (h) of the FAR clause 52.249-6 entitled “Termination (Cost-Reimbursement)(May 2004)”. As used in the above mentioned clauses, the total amount payable by the Government in the event of termination of an applicable task order for convenience includes costs, profit, and estimated termination settlement costs for that task order.

(c) The Contractor will notify the Contracting Officer (CO) and Contracting Officer’s Representative (COR), in writing, at least 7 calendar 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, if applicable, any costs for termination for convenience, will approximate 85% of the total amount then funded on 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 under the task order up to the estimated completion date in the task order, or to a substitute date as determined by the Government pursuant to subparagraph (d) of this clause. If, after such notification, the CO 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 CO will stop work or terminate the task order for which additional funds have not been obligated, pursuant to the clause entitled ”Termination for Convenience of the Government.”

Absent this task order modification, the Government is not obligated to reimburse the contractor for any costs that would exceed the amount funded for the task order under this clause except for reimbursement of termination settlement costs as set forth in paragraph (b) above.

(d) The parties contemplate that the Government will obligate additional funds for continued performance under the task order and will determine the estimated period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional obligated funds and to the new estimated period of task order performance. The task order will be modified accordingly.

(e) If, solely by reason of failure of the Government to obligate additional funds by the dates indicated in a fixed price task order, in amounts sufficient for timely performance of the task order requirements, the Contractor incurs additional costs or is delayed in the performance of the work under the task order and if additional funds are obligated, an equitable adjustment will be made in the price of the items, 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 obligate additional funds for the performance of the task order.

(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled

“Default.” The provisions of this clause are limited to the work and obligation of funds for a task order. This clause no longer applies once the task order is fully funded except with 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 this contract pursuant to the contract clause entitled “Termination for Convenience of the Government.”

B.6 FIXED RATE FOR EQUIPMENT

Equipment rates constitute rental charges to the Government for use of equipment on task orders or TDDs. The fixed rates for equipment are inclusive of all expenses including overhead, general and administrative expense and profit.

No extra charges for normal operation of equipment will be allowed. At a minimum, EPA requires the Contractor to have access to the equipment listed in clause B.2 “Fixed Rates For Services–Indefinite Delivery/Indefinite Quantity

Contract” via rental agreements. EPA does not require the contractor to own, or purchase, the equipment listed in the schedule in clause B.2 “Fixed Rates for Services–Indefinite Delivery/Indefinite Quantity Contract.” All equipment must be provided in good working order and any repairs necessitated by failure shall be accomplished in a timely manner and at the contractor’s expense. Except as noted below, the contractor shall invoice for actual usage of the equipment at the daily rates listed in the Section B clause entitled “Fixed Rates for Services–Indefinite

Delivery/Indefinite Quantity Contract”. A day is defined as 24 hours. For those requirements where usage is determined to be weekly, monthly, or yearly, and the cost to the Government would be less using the weekly, monthly or yearly fixed rate than it would if the daily rate was used, the contractor shall invoice for actual usage of the equipment at the weekly, monthly, or yearly rates listed in Cost/ Price Schedule. A week is defined as 7 consecutive calendar days. A month is defined as 30 consecutive calendar days. A year is defined as 365 consecutive days.

B.7 RESPONSE TIME

The contractor shall commence work no later than 72 hours after authorization unless otherwise directed by the OSC or as specified in the TDD to begin work at a later time.

SECTION C - Description/Specifications

C.1 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, non-judgmental 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.

C.2 STATEMENT OF WORK

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.

C.3 COMPLIANCE WITH EPA POLICIES FOR INFORMATION RESOURCES

MANAGEMENT (EPAAR1552.211-79) (OCT 2000)

(a) Definition. Information Resources Management (IRM) is defined as any planning, budgeting, organizing, directing, training, promoting, controlling, and managing activities associated with the burden, collection, creation, use and dissemination of information. IRM includes both information itself, and the management of information and related resources such as personnel, equipment, funds, and technology. Examples of these services include but are not limited to the following:

(1) The acquisition, creation, or modification of a computer program or automated data base for delivery to EPA or use by EPA or contractors operating EPA programs.

(2) The analysis of requirements for, study of the feasibility of, evaluation of alternatives for, or design and development of a computer program or automated data base for use by EPA or contractors operating EPA programs.

(3) Services that provide EPA personnel access to or use of computer or word processing equipment, software, or related services.

(4) Services that provide EPA personnel access to or use of: Data communications; electronic messaging services or capabilities; electronic bulletin boards, or other forms of electronic information dissemination; electronic record-keeping; or any other automated information services.

(b) General. The Contractor shall perform any IRM related work under this contract in accordance with the IRM policies, standards and procedures set forth in this clause and noted below. Upon receipt of a work request (i.e.

delivery order or work assignment), the Contractor shall check this listing of directives (see paragraph (d) for electronic access). The applicable directives for performance of the work request are those in effect on the date of issuance of the work request.

(1) IRM Policies, Standards and Procedures. The 2100 Series (2100-2199) of the Agency's

Directive System contains the majority of the Agency's IRM policies, standards and procedures.

(2) Groundwater Program IRM Requirement. A contractor performing any work related to collecting

Groundwater data; or developing or enhancing data bases containing Groundwater quality data shall comply with

EPA Order 7500.1A - Minimum Set of Data Elements for Groundwater.

(3) EPA Computing and Telecommunications Services. The Enterprise Technology Services Division

(ETSD) Operational Directives Manual contains procedural information about the operation of the Agency's computing and telecommunications services. Contractors performing work for the Agency's National Computer

Center or those who are developing systems which will be operating on the Agency's national platforms must comply with procedures established in the Manual. (This document may be found at:

http://basin.rtpnc.epa.gov:9876/etsd/directives.nsf.)

(c) Printed Documents. Documents listed in (b)(1) and (b)(2) may be obtained from:

U.S. Environmental Protection Agency

Office of Administration

Facilities Management and Services Division

Distribution Section

Mail Code: 3204

Ariel Rios Building

1200 Pennsylvania Avenue, N.W.

Washington, D.C. 20460

Phone: (202) 260-5797

(d) Electronic Access. A complete listing, including full text, of documents included in the 2100 Series of the

Agency's Directive System is maintained on the EPA Public Access Server on the Internet at http://epa.gov/docs/irmpoli8/.

C.4 ACQUISITION AND USE OF ENVIRONMENTALLY PREFERABLE PRODUCTS AND

SERVICES

(a) Executive Order 13101 of September 14, 1998, entitled “Greening the Government through Waste Prevention, Recycling, and Federal Acquisition” and Section 6002 of the Resource Conservation and Recovery Act (RCRA) of

1976, as amended (42 U.S.C. 6962, Pub L. 94-580, 90 Stat. 2822) require Federal agencies to procure designated items with the highest recovered materials content practicable.

(b) In the performance of this contract, the Contractor shall comply with the requirements of the following issuances:

(1) Title 40 of the Code of Federal Regulations, Part 247, Comprehensive Guideline for Procurement of

Products Containing Recovered Materials (CPG), which designates items that are or can be made with recovered materials, and its companion pieces, the Recovered Materials Advisory Notices (RMANs). The CPG and RMANs provide recommended procurement practices, including recommended recovered material content levels, for purchasing products designated in the CPG. The Contractor shall comply with these recommendations, and such other CPG revisions and RMANs as the Environmental Protection Agency (EPA) may issue with respect to the procurement of products that contain recovered materials. (Copies of the CPG or RMANs, as well as information on manufacturers and vendors of designated items may be obtained by calling EPA’s RCRA Hotline at (800) 424-9346, or, in the Washington, D.C., metropolitan area, at (703) 412-9810.)

(2) In complying with the requirements of paragraph (b), the Contractor shall coordinate its concerns and program guidance with EPA’s Recycling Coordinator.

(c) The Contractor shall prepare and submit reports on the purchase of products containing recovered materials from time to time in accordance with written direction (e.g., in specified format) from the EPA Recycling Coordinator through the Contracting Officer. Reports shall be submitted to the EPA Recycling Coordinator, with a copy to the

Contracting Officer.

C.5 INCORPORATION OF CONTRACTOR'S PLANS

The following contractor plans submitted in its proposal dated To Be Determined are incorporated into the contract by reference:

Quality Management Plan

Contract Quality Assurance Project Plan

Conflict of Interest Plan

Health and Safety Plan

Professional Employees Compensation Plan

SECTION D – PACKAGING AND MARKING

[There are NO clauses in this Section]

SECTION E - INSPECTION AND ACCEPTANCE

E.1 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)

NUMBER DATE TITLE

52.246-4 AUG 1996 Inspection of Services -- Fixed-Price

52.246-6 MAY 2001 Inspection – Time and Materials and Labor Hour

E.2 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (GOVERNMENT

SPECIFICATION) (FAR 52.246-11) (MAR 2001)

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

Title Numbering Date Tailoring

[X] Specifications and ANSI/ASQC E4 2004 See below

Guidelines for Quality

Systems for Environmental

Data Collection and

Environmental

Technology Programs

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

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

In addition, after award of the contract, the Contractor shall revise, when applicable, quality documentation submitted before award to address specific comments provided by EPA and submit the revised documentation to the

Contracting Officer’s Representative.

After award of the contract, the Contractor shall also implement all quality documentation approved by the

Government.

A. Pre-award Documentation:

The Offeror must submit the following quality system documentation as a separate and identifiable part of a binder entitled “Plans and Procedures”:

Documentation Specifications

[x] Quality Management Plan EPA Requirements for Quality Management Plans

(QA/R-2) [dated 03/20/01]

[x] Programmatic Quality EPA Requirements for Quality

Assurance Project Plan Assurance Project Plans (QA/R-5) for the entire program [dated 03/20/01](contract) and EPA-505-B-04-900A (dated

2005)

This documentation will be prepared in accordance with the specifications identified above, or equivalent specifications defined by EPA. Work involving environmental data generation or use shall not commence until the

Government has approved this documentation and incorporated it into the contract.

B. Post-award Documentation:

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

Documentation Specification Due After

This documentation will be prepared in accordance with the specifications identified in Section M, clause M.3 –

Evaluation Factors for Award.

The Contractor shall not commence work involving environmental data generation or use until the Government has approved the quality documentation.

(Note: Statement of work includes statements of work to perform projects under work assignments, task orders, delivery orders, etc.)

E.3 INSPECTION AND ACCEPTANCE

(a) The Contracting Officer or the duly authorized representative will perform inspection and acceptance of materials and services to be provided.

(b) For the purposes of this…