SOL-R8-12-00003.pdf

Emergency and Rapid Response Services (ERRS) IV SOL-R8-12-00003

SOLICITATION, OFFER, AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700) ► RATING PAGE OF PAGES

N/A 1 201

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

SOL-R8-12-00003 SEALED BID (IFB)

11/26/2012

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 11:00 a.m. local time 01/07/13 (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

Ellen Shannon AREA CODE NUMBER EXT. shannon.ellen@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 64-72

X B SUPPLIES OR SERVICES AND PRICES/COSTS 6-18 PART III - LIST OF DOCUMENTS, EXIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 19-20 X J LIST OF ATTACHMENTS 73

X D PACKAGING AND MARKING 21 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 22-23

X K REPRESENTATIONS, CERTIFICATIONS

AND OTHER STATEMENTS OF OFFERORS 74-81

X F DELIVERIES OR PERFORMANCE 24-34

X G CONTRACT ADMINISTRATION DATA 35-41 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 82-103

X H SPECIAL CONTRACT REQUIREMENTS 42-63 X M EVALUATION FACTORS FOR AWARD 104-107

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)

TABLE OF CONTENTS

PART 1 – THE SCHEDULE

SECTION B – Supplies or Services and Prices/Costs B.1 Fixed Rates for Services—Indefinite Delivery/Indefinite Quantity Contract

(EPAAR 1552.216-73) (APR 1984) DEVIATION (Aug 1987) B.2 Fixed Rates for Labor, Equipment and Other Items B.3 Limitation of the Government’s Obligation Under Task Orders B.4 Mobilization B.5 Response Time B.6 Type of Contract B.7 Minimum and maximum amounts

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 Period of performance (FAR 52.212-140) F.4 Electronic Submission of Deliverables

SECTION G – Contract Administration Data G.1 Contract Clauses Incorporated by Reference G.2 Ordering--By Designated Ordering Officers (EPAAR 1552.216-72) (Apr 1984) 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 Subcontract Consent

SECTION H – Special Contract Requirements H.1 Contract Clauses Incorporated by Reference H.2 Limitation of Future Contracting Alternate I (ERRS) (EPAAR 1552.209-74) (Apr

2004)

H.3 Technical Direction (EPAAR 1552.237-71) (Apr 1984) Alternate I (Aug 1992) Deviation

H.4 Government-Contractor Relations (EPAAR 1552.237-76) (Jun 1999) H.5 Clean Technologies H.6 Contractor Disclosure Requirements for Future contracting Requests H.7 Data H.8 Davis Bacon Act (DBA) and Service Contract Act (SCA) Application to Task

Orders H.9 Environmentally Preferable Practices H.10 EPA REgional Crossover H.11 Expert Testimony H.12 Fabrication or Acquisition of Nonexpendable Property H.13 Fixed Price Task Orders 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 Performance and Payment Bonds H.20 Removal Cost Management Software System (RCMS) H.21 Required Subcontracting of Transportation and Disposal of Oil and Hazardous

Substances H.22 Restriction on ERRS Contractor Performing Extent of Contamination (EOC)

Studies H.23 Retention and Availability of Contractor Files H.24 Salvageable Products H.25 Sample Collection, Data Management, Review, Tracking and Report

Requirements H.26 Task Order Conflict of Interest Certification H.27 Transboundary Efforts H.28 Urgent Requirements H.29 Use of Company Owned or Affiliated Laboratories and Treatment Facilities H.30 Definitization of Provisional Rates

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 Ordering Limitations (FAR 52.216-19) (Oct 1995) I.4 INdefinite Quantity (FAR 52.216-22) (Oct 1995) I.5 Option to Extend Services (FAR 52.217-8) (Nov 1999) I.6 Availability of funds for the next fiscal Year (FAR 52.232-19) (Apr 1984) I.7 Providing Accelerated Payment to Small Business Subcontractors (FAR 52.232-

99) DEVIATION (AUG 2012)

I.8 Subcontracts (FAR 52.244-2) (Jun 2007) Alternate I (Jun 2007)

I.9 Clauses Incorporated by Reference (FAR 52.252-2) (Feb 1998) I.10 Authorized Deviations in Clauses (FAR 52.252-6) (Apr 1984) I.11 Clauses Applicable to Construction Work I.12 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 Organizational Conflict of Interest Certification (EPAAR 1552.209-72) (Apr

1984) K.6 Social Security Numbers of Consultants and Certain Sole Proprietors and Privacy

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

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 Disclosure Requirements L.11 Minimum Standards for EPA Contractor’s Conflict of Interest Plans L.12 Release of Cost or Pricing Proposals Outside the Government for Audit L.13 Technical Questions

SECTION M – Evaluation Factors for Award M.1 EPA Source Evaluation And Selection Procedures—Negotiated Procurements

(EPAAR 1552.215-70) (Aug 1999) M.2 Evaluation Factors For Award (EPAAR 1552.215-71) (Aug 1999) M.3 Evaluation of Responsibility Matters

Attachment 1 – Statement of Work ............................................................................................ 1-0 Attachment 2 – Pricing Schedule Years 1-7 .............................................................................. 2-0 Attachment 3 – Davis-Bacon Act Worksheet ............................................................................ 3-0 Attachment 4 – Department of Labor Wage Determinations ..................................................... 4-0 Attachment 5 – outine Equipment List ....................................................................................... 5-0 Attachment 6 – Invoice Preparation Instructions ....................................................................... 6-0 Attachment 7 – Environmentally Preferable Practices ............................................................... 7-0 Attachment 8 – Key Personnel Qualifications Format ............................................................... 8-0 Attachment 9 – Past Performance Questionnaire ....................................................................... 9-0 Attachment 10 – Client Authorization Letter ........................................................................... 10-0

PART 1 – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 FIXED RATES FOR SERVICES—INDEFINITE DELIVERY/INDEFINITE

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

1987)

The fixed rates set forth in Attachment 2 shall apply for payment purposes for the duration of the contract.

The rates set forth in Attachment 2 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 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.

The following additional limitations apply:

(a) Fixed labor rates apply only to the employees of the listed contractors and team subcontractors. The fixed labor rates are not applicable to labor provided by personnel who are not employees of the listed prime contractors and team subcontractors. Such labor shall be considered subcontracted effort for which the contractor shall be reimbursed at cost subject to those limitations in paragraph (c) below. (See clause in Section B, "Fixed Rates for Labor, Equipment and Other Items"; and Section H, "Definitization of Provisional Rates".)

(b) Equipment items identified in the pricing schedule are those that historically have experienced the highest utilization on emergency response and removal sites. Fixed rates for equipment apply to those items on the list that are company owned. (See the clause in Section B, "Fixed Rates for Labor, Equipment and Other Items"; and Section H,"Definitization of Provisional Rates".)

(c) After award of the contract, if the Contractor provides a labor category for which a fixed rate has not been established, whether or not it is provided from the contractor's own resources (i.e. their employees), or through a third-party subcontract, reimbursement shall be at a cost subject to the following conditions:

(i) Provisional rates may be established solely by the Contracting Officer. Provisional rates shall include direct cost, indirect cost, and profit. (See Section H, Definitization of Provisional Rates)

(ii) The Contracting Officer will determine if the provisional rates will be negotiated on a site by site basis, or on a contract-wide basis.

(d) The rate or rates set forth in the Pricing Schedule cover all expenses, including report preparation, salaries, overhead, general and administrative expenses, and profit. The equipment rates shall apply to equipment whether it is contractor-owned or rented/leased and shall be inclusive of all costs (operation and maintenance, fuel, repair costs, depreciation and other acquisition costs and indirect costs, as applicable).

(e) 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 issued by the EPA Ordering Officer (See Clause G.1) and accepted by the Contracting Officer. If work under a task order crosses into another period, the Government shall reimburse the Contractor for labor and equipment provided under a task order at the rates in effect in the period in which the work is performed. If work under a task order extends past the last year, the last year's rates will remain in effect for the duration of the task order.

(f) The contractor shall maintain time and labor distribution records for all employees who work under the contract. These records must document time worked and work performed by each individual on all Task orders.

B.2 FIXED RATES FOR LABOR, EQUIPMENT AND OTHER ITEMS

(a) LABOR

(1) The fixed rates for labor, equipment, and other items specified in Section B, Clause entitled "Fixed Rates For Services–Indefinite Delivery/Indefinite Quantity Contract" are inclusive of all expenses, including salaries, overhead, general and administrative expenses and profit. The "Straight Time Rates" shall be charged for the first 40 hours worked by an employee during any 7-day weekly period, except for Sundays and Holidays or in accordance with the contractor's established policy.

(2) EPA shall not reimburse the Contractor for any straight time, overtime, or Holiday time rates unless those amounts are actually paid to the employees. "Overtime Rates" shall apply for work in excess of 40 hours per week, except for exempt (salaried) employees in accordance with the contractor's established policy.

(3) Labor costs shall be computed by multiplying the appropriate hourly rate by the actual number of direct labor hours performed.

(4) All overtime work must be approved in advance by the Contracting Officer or Ordering

Officer.

(5) 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 specified site, the rate charged for that employee shall be based on the function that the employee is performing, (e.g. a Chemist who is performing the duties of a laborer shall be charged at the fixed rate for a laborer during the period of time he or she is performing these duties.)

(6) When an individual employee's normally assigned category of labor is lower 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 actual rate paid to that employee (e.g. a

Laborer, performing the duties of a Truck Driver, shall be charged at the fixed rate of a Truck Driver, only if the employee is paid by the Contractor at the rate of a Truck Driver.) 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 under this contract for the labor category being performed.

(7) 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 within a standard work day, such travel time is considered work time for which reimbursement by the Government may be made at straight time rates. Reimbursement for travel time will not be made by EPA if the contractor's employees are not paid for travel time.

(8) When an employee with a classification similar to that in Section I- SERVICE

CONTRACT ACT, as amended, 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, and if such travel extends beyond their normal working hours, the travel time shall be considered work time. When the hours worked are in excess of forty (40) hours per week, then that time is also considered work time for which overtime shall be paid at the applicable overtime rate. If travel is by an employee with a classification other than that listed under the Service Contract Act of 1965 As Amended(FAR 52.222-41 in Section I)(i.e., Project Manager, Chemist, etc) and results in a workday in excess of a standard workday, such additional time shall be reimbursed at the applicable rates (straight time or overtime as identified in Clause B.1), provided however, that these employees are actually paid for such additional time.

(9) For an 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.

(10) In the event that on-going work on-site is interrupted at any time due to inclement weather, unsafe conditions, or some other conditions beyond either the control of the contractor or the control of the Government, EPA will not reimburse 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.

(11) Allowable travel expenses shall be determined in accordance with Federal Acquisition

Regulations subpart 31.205-46, Travel Costs. Travel expenses include costs for transportation, lodging, meals and incidental expenses incurred by contractor personnel in performance of this contract. Travel expenses are allowable for each employee required on-site if the work site is in excess of fifty (50) miles one way from the individuals place of employment or residence and total work day (including travel time) exceeds 12 hours per day. The "50 miles in 12 hours" is the current stipulation in the Federal Acquisition Regulation for travel costs and may be superseded by later editions of the FAR and travel regulations. The regulations in effect at any given time govern travel costs under this contract. Travel expenses may include General and Administrative expenses to the extent that the Contractor's normal accounting practice to charge on such a basis. In the performance of necessary travel allocable to a particular task order, the Contractor shall use the least expensive means available to the extent consistent with the requirements of each response action. 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 On-Scene Coordinator (OSC). 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 the replacement. Reimbursement of travel expenses by EPA will be consistent with the Federal Travel Regulations and subject to the following:

(i) Costs incurred for lodging, meals and incidental expenses shall be considered to be reasonable and allowable only to the extent that they do not exceed on a daily basis the maximum per diem rates in effect at the time of travel as set forth in the Federal Travel Regulations (FTRs). Documentation to support actual costs incurred shall be in accordance with the contractor's established practice; however, notwithstanding the contractor's policy, a receipt is required for each expenditure in excess of $75.00.

Thus, lodging costs will be reimbursed by EPA for only actual costs incurred and paid by the contractor up to the ceiling established in the FTR'S. The contractor may elect to reimburse its employees for meals and incidental expenses 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 be more than what is paid to the recipient employee.

(ii) Consistency shall be maintained between the 1900-55s and invoicing procedures for audit verification purposes. The Contractor shall document employee receipt of these allowances.

(12) To the maximum extent practicable consistent with travel requirements, the contractor agrees to use the reduced air transportation and hotel/motel rates and services provided through available Government discount air fares and lodging rates for bonafide employees' travel that are otherwise reimbursable as a direct cost pursuant to this contract and when use of such rates results in the lowest overall costs. The contractor shall submit requests, including pertinent information, for specific authorization to use these rates to the Contracting Officer.

(13) Nothing in this clause shall authorize transportation, lodging or accommodations, or related services which are not otherwise reimbursable under this contract. Nothing in this clause requires vendors to make available to the contractor city-pair contract fares, other Government discount air fares, or special hotel/motel rates.

(b) EQUIPMENT

(1) Fixed equipment rates constitute billable charges to the Government for use of equipment items. Equipment is billable at the point equipment arrives on the site up to the time equipment is demobilized from the site. The equipment fixed rate is not billable for non-working days (ie. Sundays & Holidays). The Contracting Officer may negotiate a different billing arrangement for a site or a Task Order with unusual circumstances or unusual duration.

(2) Fixed rates established for equipment items shall represent the maximum ceiling or cap for such items, whether contractor-owned or based on rental/lease quotes. In the event that the contractor obtains equipment through a short-term lease or rental arrangement (i.e. less than 12 months) the contractor shall obtain competitive bids from the geographical area in which the work is taking place. While the government may pay less than the fixed rate for equipment items due to competition, the contractor may not exceed the rate specified in the contract unless authorized by the Contracting Officer.

(3) Fixed rates are exclusive of operators and fuel, unless otherwise specified. All equipment must be provided in good working order; routine maintenance and any repairs necessitated by equipment breakdown or failure shall be accomplished in a timely manner and at the contractor's expense. Thus, repairs and maintenance performed on site by fixed rate labor personnel will be excluded from the labor charged during such occurrences.

(4) The equipment rate shall apply only to contractor owned equipment and shall be inclusive of all costs (operation and maintenance, repair costs, depreciation and other acquisition costs and indirect costs, as applicable). Any equipment that is leased shall be billed at cost with applicable indirect cost applied.

(5) The daily rate for equipment shall not be charged to the contract when the equipment is not available for use. Examples include: routine repair or scheduled maintenance.

(6) If, after the On-Scene Coordinator (OSC) informs the Contractor that the equipment is no longer needed at the site and the contractor elects for his convenience to store the equipment on site, the equipment shall not be charged to the contract.

(7) The contractor shall coordinate with the OSC to utilize equipment resources in the most cost effective manner. Due consideration shall be given to the known requirements of the removal action, in order to reduce equipment idle-time.

(8) When the contractor elects to remove an item of equipment from the site during the period of the task order, such removal shall be permitted subject to the consent of the OSC provided that the equipment is returned to its location for use when required by the OSC. No charge shall be incurred by the government, while the equipment is off site.

(9) Repairs or maintenance necessitated by extraordinary circumstances beyond the control of the contractor and outside the normal course of doing business and not due to negligence or carelessness on the contractor's part, may be allowed as a direct charge at the discretion of the OSC and/or Contracting Officer. This approval by EPA must be documented on the 1900-55 or other mechanism verifying approval. In such cases, damaged equipment will be evaluated based on the following general guidelines: 1) issues raised by the contractor prior to damage or actual usage, 2) extraordinary circumstances/conditions, 3) emergency conditions, and 4) carelessness/negligence.

(10) Method of Charging

(i) The maximum charge for each specific equipment item used on a task order shall not exceed the contractor's average purchase price/average capital value for all pieces of equipment in that category in his inventory. These values will be provided on electronic media (CD/DVD or flash drive) annually on the anniversary date of the contract. The number provided will be verified as the appropriate value on the anniversary date of the contract. In the event that the average purchase price is reached on a particular task order, a usage rate must be negotiated with the Contracting Officer before any additional costs are incurred. The usage rate is to reimburse the contractor for operating costs such as maintenance, license, insurance, etc.

(ii) Notwithstanding any of the provisions stated herein, the rate which results in the lowest total overall cost to the Government shall apply regardless of the amount of usage.

(iii) Where items of equipment are shared at concurrent or consecutive response actions between two or more sites, the contractor shall charge rates as though it were a single task order. For example, if an item of equipment were shared on two sites in one day, the government should be charged for only one day use instead of two days use. For purposes of this clause, concurrent and consecutive response action sites are those sites within 50 miles of the original site.

(c) OTHER DIRECT COSTS (ODCs)

(1) Other Direct Cost (ODCS) include all other efforts, beyond the provision of fixed labor and equipment, which are necessary for conducting the Emergency and Rapid Response Services. Such efforts typically include, but are not limited to:

Description Estimated

Transportation and Disposal $ 2,212,602.00

Travel $ 3,995,671.00

Subcontracts and other ODCS, Including Materials $ 26,696,075.00

(2) ODCs are items, which are allowable direct costs to the contract for which EPA may reimburse the contractor. ODCs will be treated in accordance with the Clause entitled "Allowable Cost and Payment" (FAR 52.216-7). Such items shall be charged in accordance with the contractor's established and accepted accounting practices.

(3) The Contractor shall not direct charge expendables or other items that are included in their indirect cost structure in accordance with the contractor's accounting system.

Notwithstanding the following list of items that are expected to be included in the contractor's inventory, for any individual Task Order which is of unusual magnitude or circumstances, the contractor may request the Contracting Officer to approve direct reimbursement of a specific item for that Task Order only.

At a minimum, the Contractor shall include all items listed in Attachment 2, CLIN 002 (same for all years) in its inventory. This list of inventory items may be updated at time of award and throughout the life of the contract.

(d) TRAVEL

The amount specified in the schedule for travel is an estimate only. The estimated amount for travel may be greater or less than the amount specified as long as the maximum contract ceiling amount/total estimated contract amount is not exceeded. Travel costs will be subject to the restrictions found in FAR 31.205-46 and Federal Travel Regulations.

(1) The Contractor(s) primary mobilization points are

Denver, CO Salt Lake City, UT

(2) 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 shall be made at appropriate 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 CO.

(3) 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.

(4) 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.

(5) 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.

(6) Further, on long-term sites, to the maximum extent practicable/possible, 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 percentage of the offeror's standard policy for reimbursement for meals and incidental expenses. The contractor shall submit a proposed rate/percentage to the CO when this long-term situation is realized. Personnel subject to this limitation include alternate relief

(e) NON-ROUTINE EQUIPMENT AND SPECIALIZED LABOR

The ODC category in the schedule is intended for those costs not specified elsewhere in the schedule, such as Specialized Labor and non-routine equipment. Non-routine equipment is defined as any equipment not included in the fixed rate equipment list found in this clause.

Non-Routine equipment charges must be approved in advance by the CO.

Costs for Specialized Labor are separate and distinct from the fixed rates. Allowable and allocable direct and indirect costs for Specialized Labor which have been authorized by the CO in a TO may be paid on a pre-approved basis. Costs for Specialized Labor will be treated in accordance with the Clause entitled "Allowable Cost and Payment (FAR 52.216-7)" and shall be charged in accordance with the contractor's established and accepted accounting practices.

As appropriate, a ceiling shall be established in a TO for Specialized Labor for current contract year and/or TO period of performance. Cumulative costs for Specialized Labor for the prime contractor and all team subcontractors in excess of the amounts established in the TO are not allowable as a charge to this contract without the prior written approval of the

CO.

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

• Ordinance Specialist

• Construction Inspection

• Professional Engineer

• Process Engineer/Specialist

• Design Engineer

• Chemical Engineer

• Analytical Data Validators

• Relocation Specialist

• Surveyor

(f) Advance Approval of Costs

All costs, whether incurred through fixed rates, or on a fixed price basis, must be approved IN ADVANCE by the Contracting Officer as appropriate. These costs must be incurred and paid by the contractor as a precondition to Government payment or reimbursement.

NOTE: The term "costs" is defined to mean allowable amounts for response services in accordance with the terms and conditions of the contract as modified, including but not limited to: straight time labor, overtime labor, equipment usage, mobilization, demobilization, travel time, per diem, subcontracted items, and materials.

(g) NEGOTIATION OF ADDITIONAL FIXED RATES AND USE OF PROVISIONAL

RATES

(1) If necessary, additional items may be added to the Section B clause entitled "Fixed Rates For Services–Indefinite Delivery/Indefinite Quantity" with fixed rates negotiated and agreed to between the parties. If mutually agreed to by the Contracting Officer and the Contractor, specific rates (fixed or provisional) for items, which are not included in Section B may be negotiated. If the contractor identifies additional items for inclusion in Section B, Clause entitled "Fixed Rates For Services– Indefinite Delivery/Indefinite Quantity Contract" or an item for which development of a fixed rate applicable to an individual task order is appropriate, the contractor shall furnish the Contracting Officer a written request identifying the item and the proposed rates. The request shall include cost and pricing data (i.e., rental quotes) supporting the proposed rate which is acceptable to the Contracting Officer which includes, but is not limited to, the Contractor's company-wide equipment usage log.

(2) If an item is utilized on a Task Order prior to a fixed rate being negotiated with the Contracting Officer, a provisional rate applicable to only that Task Order or the contract may be approved by the Contracting Officer and invoiced by the Contractor, for labor categories or equipment items only. Charges for the item shall be at the applicable provisional rate(s) established by the Contracting Officer. If a different rate is then negotiated under Paragraph A above or at the time of Task Order or provisional rate finalization, the Contractor shall make an appropriate adjustment on the subsequent 1955 before invoicing for the Task Order. Provisional rates for equipment items will only be approved in unusual circumstances.

(3) The Government will not reimburse the contractor for mobilization and demobilization costs, except when the equipment is utilized for its intended function. For example: If an over-the-road tractor and lowboy Trailer are utilized in transporting a bulldozer to or from a site, only the tractor and trailer would be paid at the applicable negotiated rate listed in Section B, Clause entitled "Fixed Rates For Services– Indefinite Delivery/Indefinite Quantity " above since its function is mob/demob. The bulldozer would be billable at the point it arrives on the site up until the time of demobilization.

The truck driver labor during mobilization or demobilization will be reimbursed at the applicable fixed rate specified in Section B, Clause entitled "Fixed Rates For Services– Indefinite Delivery/Indefinite Quantity Contract".

(4) The Contractor agrees to make every effort to mobilize/demobilize equipment and personnel from the nearest available location to the site of the response action. However, in no event shall the charge for mobilization/demobilization exceed what the charge for mobilization/demobilization would be if the equipment or personnel were mobilized/demobilized from the contractor's mobilization point located closest to the site.

Once mobilized, the Contractor may elect to substitute identical equipment or labor types for what is already on site. However, EPA will not pay any additional mobilization/demobilization charges for any such item/service (labor type).

(5) The Contractor's primary mobilization points for equipment and labor are listed below.

The Contractor shall establish offices in the mobilization cities within 30 days after contract award (Note: Mobilization points shall be within Region VIII).

Denver, Colorado, Salt Lake City, Utah

Mobilization shall not apply to equipment and/or personnel, which are mutually determined to be "uniquely" specialized. The Contractor shall receive prior verbal or written approval from the Contracting Officer before mobilizing equipment and/or personnel determined to be "uniquely specialized".

(h) ITEMS NOT IDENTIFIED ON EQUIPMENT LIST

For items not identified on the Equipment List in Section B, Clause entitled "Fixed Rates For Services–Time and Materials or Labor Hour Contract" but required to accomplish tasks at the site, the contractor may provide owned, rented, or leased equipment. Where the cost of the equipment to be charged to the Task Order exceeds $2,500.00, the equipment shall be obtained competitively. In cases where the contractor owns the equipment, the contractor may submit a quotation/bid for that owned equipment along with quotations/bids from other sources. In order to provide the best value to the government, the evaluation of the quotes/bids submitted must include the addition of G&A to the quotes/bids of outside sources, if appropriate, any mobilization and demobilization costs for owned or rented equipment, and any other factors necessary to reflect total costs to the Task Order for that particular piece of equipment. When other sources are available, owned equipment rates must be competitive with market rates and the price determined to be reasonable.

B.3 LIMITATION OF THE GOVERNMENT’S OBLIGATION 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.4 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 are included in the fully loaded fixed rate.

B.5 RESPONSE TIME

The contractor shall provide a management and personnel structure that will ensure that personnel are available on a 24 hour-a-day basis and that responses are conducted in accordance with the technical direction outlined in TOs or as provided on On-Scene Coordinators (OSCs).

For emergency response actions requiring immediate mobilization to the site, the contractor will be required to be en route within two (2) hours and arrive at the site no later than four (4) hours from notification for the following primary mobilization cities within Region VIII:

(1) Denver, Colorado

(2) Salt Lake City, Utah

For other emergency response actions requiring immediate mobilization to the site, the contractor will be required to be en-route within two hours and arrive at the site no later than twelve (12) hours from notification.

Typically, for other than emergency removal responses (time critical and non-time critical removals), the contractor will be required to deliver all required personnel, equipment, materials and other necessary items within 72 hours of notification. The exception to this is if the task order (TO) or the ordering officer requests a specific mobilization date and time.

Regional Cross-Over

Regional cross-over responses to areas outside of Region 8 are a possibility. Response times for such a cross-over will be negotiated at the time the TO is issued.

The minimum requirements for response services in the zone of coverage in the time limits specified is: one (1) Response Manager (RM) and two (2) Cleanup Technicians and equipment as required to accomplish the work under the TO as requested by the Ordering Officer.

The Region will issue task orders (TOs) to a central single point-of-contract (POC), designated by the contractor as the representative for the overall administration of task orders. The contractor’s POC and Program Manager (PM) may be same person.

The POC, or PM shall be the contractor’s representative to initiate work, assign response personnel and commit equipment, materials, and other resources specified with this contract.

The POC, or PM will ensure that all such items are available within the required response time limits.

The OSCs are authorized and duly delegated to direct and coordinate the execution of the TO for each response action. This includes directing the execution of the TO, through the designated contractor’s Response Manager (RM) who is assigned by the contractor’s POC for the specific removal actions. The RM is the contractor’s representative for the site and shall be responsible for the day-to-day decision making processes pertaining to on-site activities, which are approved by the EPA OSC.

The POC, or PM for the contractor will also be the primary contact for coordination of contractual activities and programmatic requirements with the EPA Project Officer (PO) and the EPA Contracting Officer (CO). Coordination responsibilities include reporting on work progress, providing cumulative financial data, discussing contract status and resolving programmatic issues.

B.6 TYPE OF CONTRACT

The Government contemplates award of a Fixed-Rate, Indefinite Delivery/Indefinite Quantity contract from this solicitation. This is a total small business set-aside and open to all small business socioeconomic classifications as outlined in Federal Acquisition Regulation (FAR) Part 19,”Small Business Programs”. The period of performance of the contract will consist of a two-year base period, two two-year option periods, and a final one-year option period, for a total of seven (7) years.

B.7 MINIMUM AND MAXIMUM AMOUNTS

During the period specified in the "Ordering" clause, the Government shall place orders totaling a minimum of $200,000.00. The amount of all orders shall not exceed the ceiling prices specified in the table below, except at the Contractor’s own risk.

INCREASED CAPACITY: The total dollar amount for the increased capacity pool will apply to the entire contract and shall not exceed 33 percent of the total contract labor, equipment and Other Direct Costs (ODCs). The rates for the increased capacity shall be the same as the specified rates in the contract.

Total Capacity for Years 1-7 of the Contract (SUMMARY ROLLUP FOR ALL YEARS)

Contract Period Estimated Costs Base Period - Years 1-2 (CLIN 001-CLIN 005) TBD 1st Option Period - Years 3-4 (CLIN 001-CLIN 005) TBD 2st Option Period - Years 5-6 (CLIN 001-CLIN 005) TBD Last Option Period - Year 7 (CLIN 001-CLIN 005) TBD Total for Base Period and Option Periods TBD Total for Disaster Relief (33% of Years 1-7) TBD Grand Total for Base, Option Periods, and Disaster Relief TBD

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…