SOL-R8-12-00001_RFP.pdf

SOLICITATION, OFFER, AND AWARD

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700) ►

RATING PAGE OF PAGES

N/A 1 215

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

SOL-R8-12-00001

SEALED BID (IFB)

11/02/2012

NEGOTIATED (RFP)

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

U.S. Environmental Protection Agency Region 8, TMS-G 1595 Wynkoop St.

Denver, CO 80202

◄ Commercial Carrier or Hand Delivery

U.S. Environmental Protection Agency Region 8, TMS-G 1595 Wynkoop St.

Denver, CO 80202

◄ 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.2) copies for furnishing the supplies or services in the schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in Block 7 above until 2:00 pm. local time 12/18/2012

(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

Kristin Farris

AREA CODE NUMBER EXT.

farris.kristin@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 1-5 X I CONTRACT CLAUSES 56-63

X B SUPPLIES OR SERVICES AND PRICES/COSTS 6-13 PART III - LIST OF DOCUMENTS, EXIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 14-15 X J LIST OF ATTACHMENTS 63

X D PACKAGING AND MARKING 16 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 17-18

X K

REPRESENTATIONS, CERTIFICATIONS

AND OTHER STATEMENTS OF OFFERORS

64-79

X F DELIVERIES OR PERFORMANCE 19-27

X G CONTRACT ADMINISTRATION DATA 28-36 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 79-99

X H SPECIAL CONTRACT REQUIREMENTS 37-55 X M EVALUATION FACTORS FOR AWARD 100-104

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 180 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 Region 8, TMS-G 1595 Wynkoop St.

Denver, CO 80202

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

Ellen Shannon

(Signature of Contracting Officer)

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

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (Rev. 9-97) Previous edition is unusable Prescribed by GSA - FAR (48 CFR) 53.214(c)

Superfund Technical Assessment and Response Team (START IV) SOL-R8-12-00001

TABLE OF CONTENTS

PART 1 – THE SCHEDULE

SECTION B – Supplies or Services and Prices/Costs B.1 Type of Contract B.2 Fixed Rates For Services – Indefinite Delivery/Indefinite Quantity Contract

(EPAAR 1552.216-73) (Apr 1984) Deviation (Aug 1987) B.3 Equipment

B.4 Training B.5 Travel B.6 Other Direct Costs B.7 Limitation of Government‘s Obligations Under Task Orders

B.8 Minimum and Maximum Amounts B.9 Mobilization

B.10 Response Time

SECTION C – Description/Specifications/Statement of Work C.1 Contract Statement of Work C.2 Notice Regarding Prohibited Contractor Activities On EPA Contracts

C.3 Additional Contractor Requirements

SECTION D – Packaging and Marking

SECTION E – Inspection and Acceptance

E.1 Contract Clauses Incorporated by Reference

E.2 Higher-Level Contract Quality Requirement (FAR 52.246-11) (Feb 1999)

SECTION F – Deliveries or Performance

F.1 Contract Clauses Incorporated by Reference F.2 Reports of Work (EPAAR 1552.211-70) (Oct 2000) Alternate I

F.3 Electronic Submission of Deliverables F.4 Effective Period of the Contract

SECTION G – Contract Administration Data G.1 Contract Clauses Incorporated by Reference G.2 Ordering--By Designated Ordering Officers G.3 Submission of Invoices (EPAAR 1552.232-70) (Jun 1996) Deviation (Jun 1997)

G.4 Key Personnel (EPAAR 1552.237-72) (Apr 1984) G.5 Indirect Costs (EPAAR 1552.242-70) (Apr 1984) Deviation

G.6 Financial Administrative Contracting Officer (EPAAR 1552.242-72) (Oct 2000) G.7 Government-Furnished Data (EPAAR 1552.245-71) (Sep 2009) G.8 Contract Administration Representatives G.9 Invoicing Requirements G.10 Subcontract Consent

SECTION H – Special Contract Requirements

H.1 Contract Clauses Incorporated by Reference H.2 Limitation of Future Contracting Alternate II (START) (EPAAR 1552.209-74)

(Apr 2004)

H.3 Small Disadvantaged Business Targets (EPAAR 1552.219-73) (Oct 2000) H.4 Technical Direction (EPAAR 1552.237-71) (Apr 1984) Alternate I (Aug 1992)

Deviation H.5 Government-Contractor Relations (EPAAR 1552.237-76) (Jun 1999) H.6 Contractor Disclosure Requirements for Future contracting Requests

H.7 Data H.8 Environmentally Preferable Practices H.9 EPA REgional Crossover H.10 Expert Testimony

H.11 Fabrication or Acquisition of Nonexpendable Property H.12 Fixed Price Task Orders

H.13 Government Rights Under The Comprehensive Environmental Response, Compensation And Liability Act

H.14 Health and Safety H.15 Limitation on Reimbursement for Rental Equipment H.16 Locational Data Policy

H.17 Ordering Work H.18 Performance-Based Task Orders

H.19 Removal Cost Management Software System (RCMS) H.20 Retention and Availability of Contractor Files H.21 Sample Collection, Data Management, Review, Tracking And Report

Requirements

H.22 Task Order/Technical Direction Document Conflict of Interest Certification H.23 Transboundary Efforts

PART II - CONTRACT CLAUSES

SECTION I – Contract Clauses I.1 Contract Clauses Incorporated by Reference

I.2 Ordering (FAR 52.216-18) (Oct 1995) I.3 Option to Extend Services (FAR 52.217-8) (Nov 1999) I.4 Indefinite Quantity (FAR 52.216-22) (Oct 1995) I.5 Providing Accelerated Payment To Small Business Subcontractors (FAR 52.232-

99) Deviation (Aug 2012)

I.6 Subcontracts (FAR 52.244-2) (Jun 2007) Alternate I (Jun 2007) I.7 Clauses Incorporated by Reference (FAR 52.252-2) (Feb 1998)

I.8 Authorized Deviations in Clauses (FAR 52.252-6) (Apr 1984) I.9 Minimum Insurance Requirements

PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J – List of Attachments

J.1 List of Attachments

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K – Representations, Certifications, and Other Statements of Offerors K.1 Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions (FAR 52.203-11) (Sept 2007) K.2 Annual Representations and Certifications (FAR 52.204-8) (May 2012) K.3 Certification Regarding Responsibility matters (FAR 52.209-5) (APR 2010)

K.4 Information Regarding Responsibility Matters (FAR 52.209-7) (FEB 2012) K.5 Cost Accounting Standards Notices and Certification (FAR 52.230-1) (May 2012) K.6 Proposal Disclosure—Cost Accounting Practice Changes (FAR 52.230-7) (Apr

2005)

K.7 Organizational Conflict of Interest Certification (EPAAR 1552.209-72) (Apr

1984)

K.8 General Financial and Organizational Information (EPAAR 1552.215-73) (Aug

1999)

K.9 Social Security Numbers of Consultants and Certain Sole Proprietors and Privacy

Act Statement (EPAAR 1552.224-70) (Apr 1984)

SECTION L – Instructions, Conditions, and Notices to Offerors L.1 Solicitation Provisions Incorporated by Reference

L.2 Proposal Preparation Instructions L.3 Anticipated Start Date of the Contract L.4 Type of Contract (FAR 52.216-1) (Apr 1984)

L.5 Service of Protest (FAR 52.233-2) (Sep 2006)

L.6 Solicitation Provisions Incorporated by Reference (FAR 52.252-1) (Feb 1998) L.7 Authorized Deviations in Provisions (FAR 52.252-5) (Apr 1984) L.8 Organizational Conflict of Interest Notification (EPAAR 1552.209-70) (Apr

1984) L.9 Past Performance Information (EPAAR 1552.215-75) (Oct 2000)

L.10 Small Disadvantaged Business Participation Program (EPAAR 1552.219-72) (Oct

2000) Tailored

L.11 Advance Notice of Conflict of Interest Limitations L.12 Disclosure Requirements L.13 Minimum Standards for EPA Contractor‘s Conflict of Interest Plans L.14 EPA‘s Goals for Subcontracting with Small Business L.15 Release of Cost or Pricing Proposals Outside the Government for Audit

L.16 Technical Questions

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 Evaluation Factors For Award (EPAAR 1552.215-71) (Aug 1999) M.4 Evaluation of Responsibility Matters

Attachment 1 – Statement of Work ............................................................................................ 1-1

Attachment 2 – Response and Key Personnel Qualifications .................................................... 2-1 Attachment 3 – Invoice Preparation Instructions ....................................................................... 3-1 Attachment 4 – Site Specific Invoicing Instructions .................................................................. 4-1

Attachment 5 –START Guidance for Removal Cost Management System (RCMS)

Preparation .................................................................................................................................. 5-1 Attachment 6 – Environmentally Preferable Practices ............................................................... 6-1 Attachment 7 – Past Performance Questionnaire ....................................................................... 7-1 Attachment 8 – Client Authorization Letter ............................................................................... 8-1

PART 1 – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 TYPE OF CONTRACT

The Government anticipates award of a Fixed-Rate Indefinite Delivery/Indefinite Quantity

(ID/IQ) contract resulting from this solicitation. The contract will have a base period of three (3) years plus two (2) two-year option periods, for a maximum potential period of performance of seven (7) years.

Work to be performed under the contract shall be specified in task orders issued pursuant to the procedures described in the Section G clause, ―Ordering—By Designated Ordering Officers.‖

Performance based task orders may be issued under the contract as described in the section H clause, ―Performance Based Task Orders.‖ Fixed price task orders may also be ordered under this contract, if the work to be performed is conducive to pre-negotiated fixed pricing and it is determined to be in the best interest of the Government to do so.

B.2 FIXED RATES FOR SERVICES – INDEFINITE DELIVERY/INDEFINITE

QUANTITY CONTRACT (EPAAR 1552.216-73) (APR 1984) DEVIATION (AUG

1987)

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

Personnel classification Skill level Estimated direct labor hours Fixed hourly rate Total

TBD TBD TBD TBD TBD

TBD TBD TBD TBD TBD

The rate, or rates, set forth above cover all expenses including wages, indirect costs, general and administrative expenses, and profit.

The Contractor shall voucher for only the time of the personnel whose services are applied directly to the work called for in individual task orders and accepted by the EPA Project Officer.

The Government shall pay the Contractor for the life of a task order order at rates in effect when the task order was issued, even if performance under the task order crosses into another period.

The Contractor shall maintain time and labor distribution records for all employees who work under the contract. These records must document time worked and work performed by each individual on all task orders.

LABOR RATES

1. The Non-Level A Response Rate 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. The fixed rates for the Non-Level A and Level A labor categories 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, participation in routine meetings**, routine equipment and supplies, general and administrative expenses and profit. In addition to those cost elements listed above, the Level A response rate shall include all materials, protective gear, Level A training, etc. necessary for Level A response.

The routine equipment and supplies to be included in the fixed rate can be found in the

Section B clause, Equipment.

*Any specific Task Order Level reporting, not included at contract level, will be billed at the Non-Level A rate of the individual who prepares the report.

** Costs for routine meetings, including status meetings, scoping meetings, and/or post award conferences shall be included in the Non-Level A fixed rate.

2. If a fixed rate has been established for a labor category set forth in the schedule for the contractor or subcontractor, but the contractor or subcontractor decide to provide that labor category through a third-party subcontractor, reimbursement for that labor category shall be reimbursed at cost (including any applicable indirect rates), 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.

3. 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).

4. 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.

5. In the event that on-going work on-site is interrupted at any time due to inclement weather, unsafe conditions, 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.

B.3 EQUIPMENT

(a) Government-Owned and Government-Operated Equipment

The following is a list of Government-owned equipment currently available at the Region 8 warehouse for use by both EPA and START Contractor personnel. This equipment was selected by the EPA Emergency Response Technical Group, which consists of On-Scene

Coordinator (OSC) representatives. EPA has determined that this type of equipment is necessary to ensure successful performance of emergency response activities as described in the START IV SOW. Contractors will be expected to know how to operate, maintain, calibrate, decontaminate, etc. all equipment on this list as required under the SOW.

The list of Emergency Response Equipment is updated periodically and maintained at the following website:

http://www.epaosc.org/sites/0001/files/ERTG%20Equipment%20List_11-11Final.pdf

Equipment on this list may be checked out by an EPA OSC and issued to the START contractor at the discretion of the Government when it is considered to be advantageous from either a cost or program efficiency standpoint. Any equipment issued will be issued as needed on a temporary, hand-receipt basis. Usage of this equipment by the START contractor does not constitute Government Furnished Property (GFP) and shall not be treated as such. However, the contractor remains liable for any loss or destruction of, or damage to equipment that is a direct result of contractor negligence. Upon such loss or destruction of, or damage to equipment issued to the contractor, the Contracting Officer may initiate an equitable adjustment or claim in favor of the Government.

(b) Government Furnished Property

The Government does not anticipate issuing GFP under this contract. If GFP is provided at a later date, the ―Government Property‖ clause at EPAAR 1552.245-70 will be incorporated via a bilateral modification to the contract. If GFP is provided, all contract terms and conditions related to GFP become applicable, including annual (October) inventory reporting and use of the Agency‘s automated emergency response and counter terrorism equipment centralized tracking system.

(c) Contractor-Provided Equipment

The Contractor shall furnish all equipment and supplies necessary for successful performance of the SOW, with the exception of Government-owned equipment provided as described in http://www.epaosc.org/sites/0001/files/ERTG%20Equipment%20List_11-11Final.pdf

(a) above. Routine items, such as administrative supplies and health and safety supplies which are not available from the warehouse shall be incorporated into the Contractor‘s overhead rate.

Non-routine items which are unavailable from the warehouse shall be obtained by the

Contractor at the direction of the OSC through lease or purchase, as appropriate, and charged to the applicable task order(s) as other direct costs (ODCs). Routine items listed on the

Government-owned equipment list which for any reason become unavailable for Contractor use shall be obtained in this same manner. The Contractor shall establish a means to obtain all necessary equipment in the event an item is unavailable from the Government-owned supply.

In accordance with the Section B clause, Other Direct Costs, the Contractor shall not incur

ODCs for equipment in excess of $1,000 for any one task order without prior written approval from the Contracting Officer.

B.4 TRAINING

The contractor shall provide fully trained personnel for all labor provided to implement the

Statement of Work (SOW). Contractor personnel shall be field-trained and ready to accept work under the SOW for their respective areas of expertise.

When determined to be necessary by the EPA Contracting Officer (CO) and Contracting

Officer‘s Representative (COR), EPA will allow training for EPA-unique programs, systems and procedures, such as Removal Cost Management System (RCMS) and the Program Office

Interface (POI). This training will be authorized through the issuance of a technical direction document, in accordance with the Section H clause, Ordering Work. No other training will be a direct allowable charge under this contract. At no time shall the contractor provide inexperienced personnel to staff assignments under this contract.

The contractor shall certify to the Government in writing that each of its employees, subcontractors, or consultants has completed all health and safety programs in relation to the requirements of this contract, prior to the assignment of any such employee, subcontractor or consultant to field duty.

B.5 TRAVEL

(a) The amounts specified in the schedule for travel are estimates only. The actual amount for travel may be greater or less than the amounts specified as long as the maximum contract ceiling amount is not exceeded. Travel costs will be subject to the restrictions found in FAR

31.205-46. In addition, the Contractor shall adhere to the following guidelines when travel is required:

(b) 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 traveled.

(c) 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.

(d) 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.

(i) The Contractor's primary mobilization point(s) for establishing reasonableness for personnel travel associated costs are listed below:

Denver, Colorado

(ii) 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.

(iii) 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 COR.

Generally, routine substitutions and associated travel expenses will be considered allowable if the employee has been deployed on a site for 3 weeks or longer (2 weeks if site work is 12 or more hours per day for more than 6 days a week). 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. In either case, the Contractor shall ensure a seamless transition of performance between the departing and replacement employee, and any overlap time required for the transition, shall be at the contractor’s expense.

(e) The Contractor will 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 expenditures and hotel accommodations.

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

(i) 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 60 days. When this is accomplished, subsistence will be reduced to a negotiated percentage of the offeror's standard policy for reimbursement for meals and incidental expenses (M&IE). The contractor shall submit a proposed M&IE rate to the Contracting Officer when this long-term situation is realized.

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

B.6 OTHER DIRECT COSTS

(a) Specialized Labor

Costs for specialized labor are separate and distinct from the fixed rates. The amounts specified in the schedule for specialized labor are estimates only and actual costs may be greater or less than the amount specified as long as the maximum contract ceiling amount is not exceeded. For payment purposes, specialized labor shall be treated as materials in accordance with the Section G clause, ―Payments –Fixed Rate Services Contract.‖

Specialized Labor includes but is not limited to the following professional specialists not available for day to day operations:

- structural engineers

- compressed gas cylinder expert

- UXO (ordinance specialist)

- construction inspection

In addition, specialized labor includes field subcontracts such as well drilling and monitoring well installations; geophysical investigation techniques, such as ground penetrating radar;

rental for non-routine equipment; laboratory analytical services, etc.

(b) Non-Routine Equipment

Non-Routine Equipment is defined as any equipment used directly in connection with the furnishing of services under the contract, but not included in the Contractor‘s fixed rates and not available from the Government-owned equipment supply. Non-Routine equipment charges must be approved by the CO, COR, or OSC of record. Costs for non-routine equipment in excess of the following are not allowable as a charge to this contract without the prior written approval of the Contracting Officer:

$1,000 per site project

B.7 LIMITATION OF GOVERNMENT’S OBLIGATIONS UNDER TASK ORDERS

(a) Regardless of the type of Task Order issued (i.e. fixed price or fixed rate), 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 in the event of termination of any items for the Government‘s convenience, approximates the current funding allotted to the task order. The Contractor will not be obligated to continue work under a task order beyond that point. The Government will not be obligated, 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 in (h)(3) of the clause entitled, ―Termination (Cost-Reimbursement) Alternate IV.‖

(c) The Contractor will notify the CO and COR, in writing, at least 7 calendar days prior to the date when, in the Contractor‘s best judgement, the work will reach the point at which the total amount payable by the Government, including any costs for termination for convenience, will approximate 85% of the total amount currently obligated to 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 through the end of the current period of performance. 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 for convenience the task order for which additional funds have not been obligated, pursuant to the clause entitled ―Termination (Cost-Reimbursement) Alternate IV.‖

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

(e) If the Contractor incurs additional costs or is delayed in the performance of the work under the task order 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, 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 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 for convenience or default pursuant to the contract clause entitled ―Termination (Cost

Reimbursement) Alternate IV.‖

B.8 MINIMUM AND MAXIMUM AMOUNTS

During the period specified in the ―Ordering‖ clause, the Government shall place orders totaling a minimum of $150,000. The maximum ceiling amount of all orders shall not exceed

$69,300,000, inclusive of the increased capacity pool described below. If the ceiling amount is exceeded, the Contractor does so at its own risk.

Increased capacity pool: A portion of the maximum potential value of this contract shall be reserved as an increased capacity pool, which will be available in the case of catastrophic event(s) e.g., terrorist attack(s), man-made disaster(s), or natural disaster(s). This increased capacity pool shall be 50% of the estimated potential value (exclusive of increased capacity pool) for all terms of the contract and will apply as follows:

Estimated potential value of the contract, if no catastrophic event(s): $46,200,000

Increased capacity pool option reserved for catastrophic event(s): $23,100,000

Total maximum potential value of the contract: $69,300,000

B.9 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. Therefore, the contractor shall be fully staffed and operational, ready to accept work from EPA at the end of the 30 day mobilization period. During this time period, any ongoing work from the predecessor contract will be transitioned to this contract. The costs for mobilization shall be included in the fully loaded fixed rate.

B.10 RESPONSE TIME

(a) For Emergency Responses, the contractor shall provide the required services within the response time requirements specified below:

Initial response by the contractor to an event designated an emergency shall be immediate.

The Contractor shall have a response procedure for on-call staffing for all after hours, weekends, and holidays. The contractor shall be able to immediately respond from a pre-designated duty station to provide field support, provide baseline field equipment, and have the necessary skills level to utilize this equipment. Additional contractor support to provide response specific equipment shall be initiated immediately and be available to respond within one hour of the initial call.

The contractor shall provide requested emergency services by mobilizing (packed with the required incident specific response gear and on the road) within two hours of the receipt of a written or verbal tasking from EPA Region 8. Any changes to the two hours requirement will be determined and approved in advance by the EPA On-Scene Coordinator. The contractor is not precluded from providing these services in less than these response time limits.

(b) The following requirements apply to all Response activities and Removal Site Evaluations:

The Contractor must maintain 24-hour, seven day a week response capability to respond to discharge/releases or threatened discharges/releases defined in Subparts D and E of the NCP.

Response times required will be determined by the COR and will vary from two to twelve hours. However, the contractor shall mobilize within two hours of Emergency Response

Notification.

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 CONTRACT 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 (SOW) included in

Attachment 1. Work will be ordered by issuance of task orders in accordance with the Section H clause, Ordering Work.

C.2 NOTICE REGARDING PROHIBITED CONTRACTOR ACTIVITIES ON 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.3 ADDITIONAL CONTRACTOR REQUIREMENTS

(a) The Contractor shall submit all analyses, options, recommendations, reports, and training materials required under this contract in draft for critical review and advance written approval by the Contracting Officer or the Contracting Officer's Representative (COR).

When submitting materials or reports that contain recommendations, the Contractor shall explain or rank policy or action alternatives; describe procedures used to arrive at recommendations; summarize the substance of deliberations; report any dissenting views; list sources relied upon; and detail the methods and considerations upon which the recommendations are based.

(b) The Contractor shall not provide any legal services to EPA under this contract absent express written advance approval from EPA's Office of General Counsel. The Government will make all final regulatory, policy, and interpretive decisions resulting from Contractor-provided technical support under this contract and make the final decision on all Contractor-provided assessments and recommendations.

(c) The Contractor shall not publish or otherwise release, distribute, or disclose any work product generated under this contract without obtaining EPA's express advance written approval.

(d) In all contact with the public and Government officials, contractor personnel shall identify themselves as contractor employees working under contract to EPA. All contractor, subcontractor, and consultant personnel shall wear prominently displayed identification badges at all times when performing tasks under this contract and when interacting with EPA officials, federal agencies, state, tribal, and local governments, business, industry, and the general public. The badge shall contain the individual's name and company's name and logo.

The office space occupied by contractor staff in any location that is also occupied by EPA employees shall be identified with appropriate signs that include the contractor's name.

(e) When participating in any event and/or discussion (e.g., answering the telephone, participating as a panel member or speaker), contractor staff shall verbally identify themselves as contractor personnel so there is no possible appearance of being EPA officials.

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 contract clauses pertinent to this Section are hereby incorporated by reference:

Regulation Clause No. Date Clause Title

FAR 52.246-6 May 2001 Inspection—Time-and-Material and Labor-Hour.

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

(FEB 1999)

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

(X) Title Number Date Tailoring

X

Specifications and Systems for Environmental

Data Collection and Environmental

Technology Programs

ANSI/ASQC E4

2004 or most recent version See Below

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

The solicitation and contract require the offeror/contractor to demonstrate conformance to

ANSI/ASQC E4 by submitting the quality documentation described below.

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

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

EPA quality requirements documents may be accessed electronically at the following websites:

http://www.epa.gov/quality/ http://www.epa.gov/region8/qa/reference.html

A. Pre-award Documentation:

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

(X) Documentation Specifications Due

X Quality Management Plan

EPA Requirements for Quality Management

Plans (QA/R-2) [EPA/240/B-01/002,dated

March 2001]

With offer http://www.epa.gov/quality/ http://www.epa.gov/region8/qa/reference.html

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:

(X) Documentation Specifications Due

X

Quality Assurance Project

Plan for Each Applicable

Project

EPA Requirements for Quality Assurance Project Plans

(QA/R-5) [EPA/240/B-01/003, dated March 2001];

EPA Guidance for Quality Assurance Project Plans

[EPA/240/R-02/009, dated December 2002]

As directed via task order

X

Project-specific supplement to

Quality Assurance Project

Plan for each applicable project (e.g. Field Sampling and Analysis Plans)

EPA Requirements for Quality Assurance Project Plans

(QA/R-5) [EPA/240/B-01/003, dated March 2001];

EPA Guidance for Quality Assurance Project Plans

[EPA/240/R-02/009, dated December 2002]

As directed via task order

X Contractor‘s Annual QA

Review

Contractor‘s approved QMP; Policy to Assure

Competency of Laboratories, Field Sampling, and Other

Organizations Generating Environmental Measurement

Data under Agency-Funded Acquisitions [3/28/11 or most recent revision, available at http://www.epa.gov/fem/lab_comp.htm]

Annually, within

30 calendar days of contract anniversary date

This documentation will be prepared in accordance with the specifications identified above or equivalent specifications defined by EPA. The Government will review and return the quality documentation, with comments, and indicating approval or disapproval. If necessary, the

Contractor shall revise the documentation to address all comments and shall submit the revised documentation to the government for approval. The Contractor shall not commence work involving environmental data generation or use until the Government has approved the quality documentation.

http://www.epa.gov/fem/lab_comp.htm

SECTION F – DELIVERIES OR PERFORMANCE

F.1 CONTRACT CLAUSES INCORPORATED BY REFERENCE

FAR 52.242-15 Aug 1989 Stop-Work Order

EPAAR 1552.211-75 Apr 1984 Working Files

EPAAR 1552.242-71 Oct 2011 Contractor Performance Evaluations

F.2 REPORTS OF WORK (EPAAR 1552.211-70) (OCT 2000) ALTERNATE I

The Contractor shall prepare and deliver the below listed reports, including plans, evaluations, studies, analyses and manuals to the designated addressees. 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.

1. MONTHLY PROGRESS REPORT

(a) The Contractor shall furnish 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 period.

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

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

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

(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 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 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.

2. ANNUAL REPORT OF CONTRACTOR OWNED/LEASED EMERGENCY RESPONSE

EQUIPMENT

The contractor shall provide an inventory of Standardized Emergency Response Equipment as of

September 30 th and due on November 15 th of each contract year (See the Section B clause, ―Equipment‖ for a link to the list of Emergency Response Equipment). This report should include all equipment to which the contractor has access. The report should indicate whether the contractor (1) owns the equipment; (2) rents or leases the equipment; or (3) has guaranteed access to the equipment. The contractor should also indicate any other equipment to which they have access that may be relevant to emergency response but is not listed in the document provided in the Equipment clause. This inventory should be distributed to the Regional Removal

Manager, Contract level COR, and OSWER OEM.

If the contractor is awarded more than one START or ERRS contract with the agency, only one annual report needs to be submitted, but distribution shall be to all agency personnel indicated above for each contract.

3. ANNUAL INCIDENT COMMAND SYSTEM (ICS) REPORT

The contractor shall provide an annual ICS Report to the Project Officer, Regional Removal

Manager, and OSWER/OEPPR as of September 30 th and due on November 15 th of each contract year. This report should include all efforts made by the contractor to maintain the training requirements as specified in the SOW.

If the contractor is awarded more than one START or ERRS contract with the agency, only one annual report will be submitted, but distribution will be to all agency personnel indicated above for each contract.

4. ANNUAL ALLOCATION OF NON-SITE COSTS REPORT

(a) The contractor shall submit an allocation report annually on a Federal fiscal year (FY) basis.

The purpose of this report is to allocate all payments made by EPA to the contractor for non-site-specific activities to the sites worked on by the contractor during the FY. Examples of non-site-specific activities include program management, contract fees (base, fixed, and award), and other tasks given to the contractor for non-site-specific work.

(b) Within 90 calendar days after the end of each FY, the contractor shall provide the Program

Costing Staff (PCS) of the Office of Financial Management, EPA the total amount of all paid invoices for the annual allocation period. PCS will reconcile this amount and confirm the total amount paid. Once the contractor receives confirmation of the reconciliation amount, the contractor shall submit two draft copies of the Annual Allocation Report to EPA within

60 calendar days after receipt of the reconciled invoice amounts. The paragraph below titled, "Annual Allocation Report", lists the required submissions for the Annual Allocation Report.

(c) PCS will review the draft report and notify the contractor either verbally or in writing of any corrections required for the final report. Two copies of the final report incorporating all of the necessary corrections are due 30 calendar days after receipt of this notice. The final report shall also include a signed statement certifying that the data provided to EPA is supported by the contractor's accounting records. No changes should be made to the contractor's accounting system.

(d) In addition to the two copies of the final reports, the contractor shall also submit the

Summary of Allocation report in EXCEL via email to appropriate staff within PCS.