W91238-16-R-0053.pdf

CODE

(Hour)

PAGE(S)

until local t ime

X

A X B X C

D

EX

X G F 100 - 124

125 - 133 X H 134

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

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

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 134

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W91238 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 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

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 (NO COLLECT CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 4

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

5 - 71 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

73 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 74 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 75 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

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

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

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

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

PART I - THE SCHEDULE

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

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

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:

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

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

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

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

76 - 98

PART II - CO NTRACT CLAUSES

USACE SACRAMENTO DISTRICT

ATTN: CONTRACTING DIVISION

1325 J STREET

SACRAMENTO CA 95814-2922

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

15 Mar 2017

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W91238-16-R-0053

1500 14-APR-2017

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 4,000,000 Dollars, U.S.

EPA Mine Sites RI/FS/RA Support

FFP

Contractor shall furnish all labor, materials, equipment, and supplies necessary to perform EPA Mine Sites RI/FS/RA Support, in accordance with the attached Scope of Work and Contract Clauses. The minimum guaranteed amount for the awardee shall be $5,000. The minimum guaranteed amount will be paid out only if the succesful contractor is not awarded a task order for the amount of the minimum guarantee or greater within the ordering period of the contract. The ordering period will not exceed 60 months and the total capacity will not exceed $4.0M. *Please note: wage determination(s) will be incorporated at the task-order level.

FOB: Destination

MAX

NET AMT

QUESTIONS AND ANSWERS

QUESTIONS AND ANSWERS

Prospective offerors should submit inquiries related to this solicitation in accordance with the following (collect calls will not be accepted):

a. For information related to amendments, and the dates set for receipt of proposals, please check http://www.fedbizopps.gov

b. Contractual and Technical inquiries and questions relating to proposal procedures are to be submitted via Bidder Inquiry in ProjNet at https://www.projnet.org/projnet.

1. To submit and review bid inquiry items, offerors will need to be a current registered user or self-register into the system. To self-register go to the aforementioned web page and click on the QUICK ADD link. Select agency as USACE, and enter the Bidder Inquiry Key for this solicitation listed below, your e-mail address, and then click continue. Fill in all required information and click Add User.

2. From this page you may view all bidder inquiries or add an inquiry.

http://www.fedbizopps.gov/

3. Bidders will receive an acknowledgement of their question via e-mail, followed by an answer to their question after it has been processed.

4. The Solicitation Number is: W91238-16-R-0053 The Bidder Inquiry Key is: TBD- Will be posted as an amendment NLT 17 March 2017

c. The Bidder Inquiry System will be unavailable for new inquiries after 31 March 2017. submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.

d. Offerors are requested to review the specification in its entirety, and review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

e. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

f. Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals.

g. The point of contact for this solicitation is:

Contract Specialist: Donald Sumner Telephone: (916) 557-6752 E-MAIL: Donald.Sumner@usace.army.mil

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$5,000.00 $4,000,000.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

mailto:Donald.Sumner@usace.army.mil

$3,000.00 $1,000,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

PRIME LABOR CLASSES & RATES

See Attachment No. 2- Leviathan Mine Labor Rates Pricing Schedule.

SITE VISIT INFORMATION

No site visit will be offered for this solicitation.

Section C - Descriptions and Specifications

PWS BASE CONTRACT

PERFORMANCE WORK STATEMENT

1. INTRODUCTION

1.1 This EPA Leviathan Mine Services Contract provides the U.S. Army Corps of Engineers Sacramento District (USACE) with the capability to execute Mine Investigation, Restoration oversight, and Technical Support within the USACE areas of responsibility and specifically at the Leviathan Mine and associated sites.

1.2 The technical requirements specified in this performance work statement are intended to provide requirements for execution of the contract and a general understanding of the functions that the Contractor may be required to perform. Tasks included here include but are not limited to all requirements for the mine site. Individual Task Orders (TOs) will contain additional detail requirements for each specific project. The government cannot guarantee placement of future work or budgets. The Contractor will receive from the USACE a performance work statement for each individual TO for each project. The Contractor may also receive data that is available from prior investigations, designs, or remedial actions such as: preliminary assessments, site investigation, remedial investigation, risk assessment, and feasibility studies as appropriate. All effort to gain historical and technical knowledge of the project required to support current tasks shall be included in the tasks that will be included in the task order. Separate tasks shall not be included in the task order to price out this effort.

1.3 The Contractor is required to furnish all plant, labor, materials, and equipment to provide environmental support to USACE the at the Leviathan Mine hazardous waste site. The Contractor shall provide environmental support as requested in the TOs issued under this contract. The Contractor will be required to work with Potentially Responsible Parties (PRP) and EPA lead sites. Further, the Contractor may be tasked to provide environmental support on Superfund or non-Superfund National Priority Listed (NPL) sites of interest to the EPA which may be associated with the site. As an example Leviathan Mine has background areas of interest that are not associated currently with the NPL listing but are necessary to understand to evaluate effects of mining at the site.

1.4 The Contractor shall provide the capability to execute HTRW projects, with a full range of services including, but not limited to, investigations, studies, engineering support, remedial actions, and operation and maintenance activities.

1.5 TOs shall be issued on a firm-fixed price (FFP) basis. The Contracting Officer (CO) will notify the Contractor in the site-specific request for proposal for each TO if Performance and Payment Bonds are required for that Task Order.

1.6 For TOs, it is anticipated that the Contractor shall work directly with EPA and stakeholders on all aspects of their work. The Contractor shall be responsible for maintaining the good working relationship established with these interested parties. The regulatory agencies have the authority to require any and all documents to be sent to the agency for work being performed under an individual TO. The USACE and its customers will review and comment on all documents prior to or concurrent with the submission to the regulatory agencies. The Contractor shall notify USACE and its customer(s) of any meetings with regulatory agencies and receive approval of contractor personnel who will be attending the meeting(s) prior to the attending the meeting(s). The Government shall be afforded the opportunity to attend the meeting. USACE and its customer(s) shall receive copies of all correspondence between the Contractor and the regulatory agencies or interested parties.

2. DESCRIPTION OF WORK

The Contractor should assume that any or all of the following technical capabilities may be required under task orders issued for this contract. However, no specific deliverables are required under this base contract.

2.1 Technical Support to the EPA Region 9. The Contractor may be required to perform various investigation, studies and field activities. The activities may include, but are not limited to, the following: drilling, soil vapor surveys, geotechnical surveys, geophysical surveys (including but not limited to EM, GPR, Electrical Resistivity, and Seismic), well and/or instrumentation installations; vadose zone fluid/air flow measurement; aquifer testing; sampling and analysis of soil, sediment, ground water, surface water, hard surface, tank/drum contents, air and soil vapor; performing surface and borehole geophysics; excavation of test pits/trenches;

sampling and testing of geotechnical materials; habitat studies; remedial investigations;

feasibility studies; and pilot testing. Sampling and analysis for a wide variety of parameters may be required to determine the physical, chemical, biological, and radiological properties. Contract deliverables for investigations may include, but are not limited to, permanent or temporary field installations (i.e., monitoring wells), reports, logs, maps, drawings, and sketches. Analysis and interpretation of data shall be performed as appropriate to accomplish the intent of the individual TO. Specific requirements will be included in individual TOs. Appropriate deliverables associated with each of these activities shall be prepared and submitted to the Contracting Officer for approval as required.

2.2 Engineering/Geology Support. The engineering/geology efforts will be described in each individual TO and will depend on the requirements of the individual TO. Engineering effort required may include, but is not limited to: preparing plans and specifications, report and decision document preparation, supporting EPA with community outreach\communications, troubleshooting of remediation systems, construction inspection, and quality control testing.

Contactor will be tasked to provide PRP oversight services, including: report review and comment preparation; conflict management and technical expert documentation; presentation of oversight comments and Q&A responses; field oversight; and safety compliance. Contractor may be tasked to prepare work plans for site assessment and site monitoring, including plans to:

conduct geotechnical investigations of ground stability; assess leachability of mine tailings;

measure discharges affecting water quality and chemistry; assess impacts on receiving waters and biology; monitor groundwater to assess quality, quantity and geochemistry, and groundwater flow pathways; and monitoring and assessment of air quality data. Contractor may be tasked to provide ecological and human health risk assessments, which may also include project-specific Native American risk assessment criteria.

The Contractor will be tasked to provide engineering support to evaluate potential mine remediation technologies that PRPs or the EPA may implement. The Contractor must have expertise in mine remediation activities and technologies, which may include: immobilization of contaminates in mine tailings and waste rock; discharge treatment technologies including lime treatment; biological treatment; organic substrate bioreactors; rock substrate bioreactors;

permeable reactive barriers. Other mine remediation activities that may require engineering expertise include: topographic surveys; site access design; site winterization; operations at remote sites; NEPA standards; grading and erosion control; safety; design quality control, sludge handling and disposal; construction of site improvements and structures; and remote telemetry.

The Contractor will have experience in control and management of common contaminants including; Aluminum, Arsenic, Cadmium, Chromium, Copper, Cyanide, Iron, Lead, Mercury, Selenium, Sulfur, Uranium, Zinc, and Radioactive Materials. Most of this work will be oversight of PRP lead sites, but approximately 10% of the work may be performed at EPA lead sites, where Contractor will be required to provide design studies.

2.3 Operation and Maintenance: Operations and Maintenance (O&M) support may be required under this contract. O&M activities may consist of trouble-shooting existing systems, and limited O&M of existing operations. Typical systems or processes likely to be encountered are groundwater treatment systems, soil vapor extraction and treatment systems, bioventing, soil treatment processes and systems, waste storage areas, and other remedial activity, treatment system or process.

2.4 Work Areas: Work and services under this contract shall consist of any combination of Technical Support, Engineering Support, and Operation & Maintenance activities as described in paragraphs 2.1, 2.2, and 2.3. Potential Work Areas which may be required under this Contract are described below.

2.5.1 RI/FS OVERSIGHT - Work Area Code(RS). Engineering/geology support may be required for Remedial Investigation/Feasibility Study (RI/FS) oversight. Tasks which may be required under this Work Area include:

1. Project Planning and Support (PP)

2. Community Involvement (CR)

3. Field Investigation/Data Acquisition (FI)

4. Sample Analysis (SN)

5. Analytical Support and Data Validation (AN)

6. Data Evaluation (DE)

7. Risk Assessment (RA)

8. Treatability Study/Pilot Testing (TT)

9. Remedial Investigation Report (RR)

10. Remedial Alternatives Screening (RS)

11. Remedial Alternatives Evaluation (RE)

12. FS Report (FS)

13. Post RI/FS Support (PR)

14. Administrative Record (AR)

15. Work Assignment/Task Order Close Out (CO)

2.5.2 NEGOTIATION SUPPORT - Work Area Code (NG). Contractor may be required to provide negotiation support. Tasks which may be required under this Work Area include:

1. Project Planning and Support (PP)

2. Negotiation Support (NG)

3. Document Review (DR)

4. Post ROD Cost Analysis (RC)

5. Work Assignment/Task Order Close Out (CO)

2.5.3 RD OVERSIGHT - Work Area Code (RO). Contractor may be required to provide

Remediation Design (RD) Oversight support. Tasks which may be required under this Work Area include:

1. Project Planning and Support (PP)

2. Community Involvement (CR)

3. Field Investigation/Data Acquisition (FI)

4. Sample Analysis (SN)

5. Analytical Support and Data Validation (AN)

6. Reuse Planning (RV)

7. Data Evaluation (DE)

8. Review of PRP RD/RA Submittals (RP)

9. Remedial Action Oversight (RO)

10. Technical Meeting Support (TM)

11. Work Assignment/Task Order Close Out (CO)

2.5.4 RA OVERSIGHT - Work Area Code (RX). Contractor may be required to provide

Remedial Action (RA) Oversight support. Tasks which may be required under this Work Area include:

1. Project Planning and Support (PP)

2. Community Involvement (CR)

3. Field Investigation/Data Acquisition (FI)

4. Sample Analysis (SN)

5. Analytical Support and Data Validation (AN)

6. Reuse Planning (RV)

7. Data Evaluation (DE)

8. Review of PRP RD/RA Submittals (RP)

9. Remedial Action Oversight (RO)

2.5.5 REMOVAL OVERSIGHT – Work Area Code (VO). Contractor may be required to provide removal oversight support during remedial action. Tasks which may be required under this Work Area include:

1. Project Planning and Support (PP)

2. Community Involvement (CR)

3. Field Investigation/Data Acquisition (FI)

4. Sample Analysis (SN)

5. Analytical Support and Data Validation (AN)

6. Data Evaluation (DE)

7. Review of PRP Removal Submittals (RQ)

8. Removal Oversight (VO)

9. Technical Meeting Support (TM)

10. Administrative Record (AR)

2.5.6 LONG TERM RESPONSE ACTION SUPPORT - Work Area Code (ME). Contractor may be required to provide long term response action support in association with Remedial Action. Tasks which may be required under this Work Area include:

1. Project Planning and Support (PP)

2. Community Involvement (CR)

3. Field Investigation/Data Acquisition/Data Acquisition (FI)

4. Sample Analysis (SN)

5. Analytical Support and Data Validation (AN)

6. Reuse Planning (RV)

7. Data Evaluation (DE)

8. Review of PRP RD/RA Submittals (RP)

9. O&M Oversight (OM)

11. Work Assignment/Task Order Closeout (CO)

2.5.7 OPERATION AND MAINTENANCE (O&M) OVERSIGHT - Work Area Code (OM).

Contractor may be required to provide O&M oversight during Remedial Action. Tasks which may be required under this Work Area include:

1. Project Planning and Support (PP)

2. Community Involvement (CR)

3. O&M Oversight (OM)

4. Analytical Support and Data Validation (AN)

5. Data Evaluation (DE)

6. Technical Meeting Support (TM)

7. Reuse Planning (RV)

8. Work Assignment/Task Order Closeout (CO)

2.5.8 LITIGATION SUPPORT - Work Area Code (LS). Contractor may be required to provide litigation support. Tasks which may be required under this Work Area include:

1. Project Planning and Support (PP)

2. Document Collection (DC)

3. Expert Witness Support (EW)

4. Technical Assistance (TA)

5. Work Assignment/Task Order Close Out (CO)

2.5.9 TECHNICAL ASSISTANCE - Work Area Code (TA). Contractor may be required to provide technical assistance on a Task Order basis. Tasks which may be required under this Work Area include:

1. Project Planning and Support (PP)

2. Expert Technical Assistance (ET)

3. Work Assignment/Task Order Close Out (CO)

4. Risk Assessment (RA)

3 LICENSES, PERMITS, CERTIFICATIONS, AND NOTIFICATIONS

The Contractor shall be responsible for having/or obtaining all necessary licenses, certifications, and permits for the work described herein. As a minimum, the Contractor shall be responsible for the following:

3.1 Licensed and certified as required by State and Federal agencies and as required by the location of the project for performing all work specified within this performance work statement and each individual TO.

3.2 Notifying and complying with all applicable agencies (Fire Department, EPA, Water and Air Quality Boards, County Environmental Health Department, emergency response, etc.) prior to performing work.

3.3 Compliance with all Federal, State and Local regulations.

3.4 Conducting all utility clearances and obtaining all digging permits prior to commencing any excavation, drilling, or other intrusive activities.

3.5 Notifying all appropriate local, State or Federal agencies, as well as the Contracting Officer (CO), prior to site closure in accordance with Federal, State, or local regulations.

3.6 The Contractor shall register all nuclear testing devices brought onto federal property through the Nuclear Regulatory Commission (NRC). This registration is in addition to any license or permit that may be required by the State or Local laws.

4 GENERAL CONTRACT INFORMATION

4.1 This is an indefinite delivery/indefinite quantity type (ID/IQ) contract for the investigation and/or remediation of hazardous waste sites and/or construction of the items specified in individual TOs. The period of performance shall be a five years after Effective Date of Award.

4.2 Delivery or performance shall be made only as authorized by TOs issued in accordance with ordering clause. The Contractor shall furnish to the Government, when and if ordered, work for the items specified in individual TOs.

4.3 Except for any limitations on quantities in the TO Limitations clause, there is no limit on the number or size of orders that may be issued.

4.4 Any TO issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the TO. The Contract shall govern the Contractor's and Government's rights and obligations with respect to that TO's Period of Performance.

4.5 Commencement of Work: The Contractor shall be required to commence the work required by a TO at the time specified on the TO, execute the work, and complete the entire project not later than the completion time specified on the TO. The time stated for completion shall include final cleanup of the project site. The Contractor must receive approval from the Contracting Officer or the Contracting Officers Representative on all site-specific plans prior to initiating any on-site activity.

4 .6 Notice of Completion of TO: The Contractor shall notify the Contracting Officer or the Contracting Officers Representative upon completion of each individual TO. The Contractor shall give advance notice of the date the work will be fully completed and ready for final inspection at the 50% and 80% stages of execution.

4.7 ANNUAL CONFLICT OF INTEREST (COI) COMPLIANCE. The contractor shall conduct Annual Conflict of Interest monitoring in conformance with EPA guidance and the contractor’s COI internal procedures. The Contractor shall provide a disclosure statement describing the process by which the contractor will ascertain whether COI exist within their own company and all identified organizational relationships, which, have or may have potential or actual conflicts. The following parties are the current known entities that need to be certified for this Contract: 1) Atlantic Richfield Company, including its affiliate ARCO Environmental Remediation LLC and 2) California State Water Resources Control Board. In addition to identifying potential or actual COI, the disclosure statement shall describe how any such conflict can be avoided, neutralized, or mitigated. ORGANIZATIONAL CONFLICT OF INTEREST CERTIFICATION (EPAAR 1552.209-72) requires the Contractor to certify during the period of the project whether it is or is not aware of any potential organizational conflict of interest (COI).

If the analyst becomes aware of a conflict, then, ORGANIZATIONAL CONFLICT OF INTEREST NOTIFICATION (EPAAR 1552.209-70), requires the Contractor to provide a disclosure statement in its proposal describing all relevant information concerning any past, present, or planned interests bearing on whether it (including its chief executives and any directors, or any proposed consultant or subcontractors) may have a potential organizational conflict of interest. The analyst is required to disclose any such business or financial relationships. The disclosure statement must address and identify actual or potential COI within the analyst’s entire organization, including parent companies, sister companies, affiliates, and subsidiaries. The EPA Remedial Project Manager (RPM) or Counsel will determine analyst compliance based on the information provided in the disclosure statement.

4.8 The Contractor will have organizational knowledge of: EPA organizational regulations and requirements; CERCLA and SARA laws and implementing regulations; Mining Reclamation laws and requirements; State and Local regulatory agency regulations and requirements for California and Native American regulations and requirements in the areas of interest.

4.9 The Contractor shall maintain a local office within approximately 3 hours driving time from the Leviathan Mine project site during contract’s period of performance. The local office should be staffed with personnel who can fulfill requirements of the Contract for Field Staff and either an Engineer or Geologist who is capable of providing oversight of field activities for investigation, remedial activities and Operation and Maintenance Operations specific to mine sites.

5 PLANS AND SUBMITTALS

5.1 General Management Plan: The Contractor shall prepare the General Management Plan (GMP). Project TOs may be issued prior to completion of the GMP. The Contractor shall provide a total of 2 copies of the draft plan (one hard copy one electronic). Written comments on the draft GMP will be returned to the Contractor. The Contractor shall have 15 days to incorporate comments in the final GMP. The Contractor shall resubmit the final GMP with corrections until it is accepted by the Contracting Officer (CO). Copies of the final report shall be provided to the CO along with an electronic submittal in PDF format. The GMP shall detail the Contractor's capabilities as well as the quality assurance (QA) and quality control (QC) practices to be employed in the execution of TOs. Items to be addressed in the GMP shall include, but not be limited to, the following:

A. Management plan aspects of work to be performed including:

1. Contractor capabilities (personnel, equipment, licenses, certifications, permits, and notifications, etc.).

2. List of sub-contractors planned for use and a description of teaming arrangements.

3. Organizational lines of responsibility and authority.

4. POCs for co-ordination with USACE and lead regulatory agencies.

B. Contractor Quality Control Procedures. Outline and discussion of Contractor quality control procedures and approach.

C. Chemical Data Quality Management Plan (CDQMP). This plan shall be prepared in accordance with the requirements specified in Appendix A of this Section.

D. Safety Health Program (SHP): This Plan shall be prepared in accordance with Appendix B of this Section and 29 CFR 1910.120 (29CFRI926.65), EM 385-1-1, ER 385-1-92, and each TO(s).

5.2 Site Specific Submittals:

5.2.1 Work Plan (WP): For each TO, the Contractor shall prepare a comprehensive Work Plan.

The WP shall include a detailed discussion of the technical approach to be used (equipment, methods, and procedures). All personnel shall be identified and work schedules formulated. A schedule for the project shall be included in the WP and shall consist of a Gantt chart showing predecessor and successor relationships, durations, and critical path. All applicable licenses, certifications, permits, and notifications shall be included in the WP. The project organization, responsibilities, and authorities for the prime Contractor and any subcontractor shall be clearly defined. Key individuals shall be identified along with a description of their duties and responsibilities (Quality Control Supervisor, Project Manager, Health and Safety Manager, Program Chemist, Site Safety Officer, etc.). All work shall be performed according to the approved WP. Unless specified otherwise in the individual TOs, the WP shall include the following components:

A. Summary of work to be performed, B. Sampling and Analysis Plan (SAP) if needed, C. Accident Prevention Plan (APP) if needed, D. Site Specific Quality Control Plan if needed.

The Contractor shall prepare and submit a draft Work Plan within 21 days following the award of each TO unless otherwise specified in the TO. Written USACE and USEPA comments on the draft WP will be returned to the Contractor. The Contractor shall have 15 days to coordinate and incorporate the comments into the Draft-Final WP. The Draft-Final shall be submitted to USACE and USEPA for review. Written comments will be provided on the Draft-Final WP.

The Contractor shall have 15 days to coordinate and incorporate the comments into the Final WP. The number of copies for Draft, Draft-Final, and Final WP, as specified in the Task Order, shall be provided to the CO for approval. Acceptance of the Final WP by the CO is required prior to any fieldwork.

5.2.1.1 Contractor Sampling and Analysis Plan:

For each TO the Contractor shall prepare a Sampling and Analysis Plan (SAP) in accordance with Appendix A to this section. The SAP shall reference all procedures detailed in the CDQMP prepared as apart of the General Management Plan. The level of detail provided in the CDQMP shall not be required in the SAP provided that all field and laboratory procedures are executed as detailed in the CDQMP. Any changes in procedures detailed in the CDQMP will be described in the SAP with the level of detail required for the original CDQMP and must be approved by the

CO.

A narrative describing the project shall be included. The Contractor shall describe the work site, site history as it relates to the current work, and any unusual conditions. The text shall include diagrams detailing areas to be sampled. Anticipated project start and completion dates shall be included. A general description of the sampling to be carried out for this project shall be included. The SAP shall also contain a summary of site geology and hydrogeology as known.

The SAP shall specifically detail all locations where samples are expected to be obtained and the number of samples projected. Any changes in sampling procedures detailed in the CDQMP will be described in the SAP with the level of detail required for the original CDQMP and must be approved by the CO.

The SAP shall detail all analyses to be performed on environmental samples. The SAP shall reference the approved analytical methods specified in the CDQMP submitted with the Management Plan. Any changes in approved analytical procedures shall be described with the level of detail required for the original CDQMP and must be approved by the CO prior to use.

5.2.1.3 Safety and Occupational Health. The requirements for the preparation of the APP are detailed in Appendix B included in this section. The APP shall incorporate Activity Hazard Analyses (AHAs), a Site Safety and Health Plan (SSHP) appendix, and other special safety and health plans based upon the work to be performed.

6 SECURITY

The Contractor shall provide site security as required by each individual TO, in such a manner as to minimize the risk of injury or accident to site personnel or others who may be in the area. In general, security activities will be in compliance with EM 385-1-1, Section 25 or 29 CFR 1926 subpart P. The Leviathan Mine is a State owned facility. USEPA has jurisdiction as the lead regulatory agency for a National Priorities List site. Portions of the potentially impacted areas are on Federal, State, and Tribal lands. When work is performed at a Federal, State, or local installation or facility, the Contractor shall comply with all security requirements of that installation or facility.

7 CONTRACTOR PERSONNEL AND QUALIFICATIONS

The Contractor shall have the experienced personnel to perform, or provide, a wide range of services required for responses to support mine site requirements. The requirements for on-site and off-site personnel may differ for each TO.

7.1 KEY MANAGEMENT PERSONNEL: Key Management Personnel and their qualifications are identified below. The CO shall approve all replacement Key Personnel.

Resumes of these individuals shall be required as part of Task Order proposals or whenever a change in personnel is to occur, in order to verify the replacement meets the qualifications specified.

7.1.1 PROGRAM MANAGER: The Program Manager shall be responsible for the overall management of the contract including cost, schedule, and technical quality. The Contractor shall designate a Program Manager as a single point of contact for coordination of program issues with the USACE. The Program Manager shall oversee the development and implementation of the contract including administration, quality control, and sub-contracting\teaming agreements.

The Program Manager shall be competent, experienced and knowledgeable with the specific activities identified in this contract. The Program Manager shall have, as a minimum, the following qualifications:

A four-year college degree in engineering, construction management, geology, chemistry, or related field.

A minimum of 8 years professional level experience of which a minimum of four (4) years experience in Program Management and a minimum of four (4) years experience related to HTRW and mine site investigation, design, construction, and remedial action.

Experience in firm-fixed priced contracts must also be demonstrated.

Professional registration in their respective field, if appropriate.

Working knowledge of applicable federal, state, and local laws, regulations, and guidance.

Experience and/or a working knowledge in Risk Management and Cost Containment (cost cap/stop loss) Insurance.

7.1.2 PROJECT MANAGER(S): The Contractor shall designate a Project Manager (PM) for each TO issued to the Contractor. The Contractor shall identify the PM and the PM's qualifications, experience and performance history with the submittal of the proposal. The PM shall be accepted by the Contracting Officer prior to the PM beginning work on the TO. The PM shall serve as the single point of contact for the TO and shall be responsible for the management and execution of all activities in accordance with the approved plans and specifications, performance work statement, approved work plans, and all federal, state, and local laws and regulations. The PM shall ensure coordination between the Health and Safety Manager and the Site Safety and Health Officer (SSHO) to ensure that all site activities are performed in a safe manner. The Project Manager shall have, as a minimum, the following qualifications:

A four-year college degree in engineering, construction management, geology, chemistry, or related field.

A minimum of five (5) years Project Management experience, with a minimum of three

(3) years in HTRW remedial action. Working knowledge of applicable federal, state, and local laws, regulations, and guidance.

Experience and/or working knowledge of risk management.

Experience preparing Work Plans, evaluating data quality objectives, investigating hydrogeology, geochemistry and geotechnical requirements at EPA mine restoration sites. Describe experience in performing Human and Ecological Risk Assessment s and experience incorporating Native American issues into risk assessments and project execution..

7.1.3 CONTRACTS MANAGER – The Contractor shall designate one individual to perform the function of Contracts Manager who will ensure that all acquisition and contract management actions related to this contract (including subcontracts, purchases, rental agreements, subcontract modifications, tracking procurements, maintaining inventory property lists, etc.) are performed in accordance with all terms of this Contract and any individual TO. Also, where applicable, the Contracts Manager will be responsible for compliance with federal, state, and local laws and regulations related to contract management and acquisition. The Contracts Manager should have the following qualifications:

A college degree including or supplemented by at least 24 semester hours in accounting, economics, business law, procurement, or management related studies. Alternatively, the Senior Contracts Manager may have completed an examination equivalent to a Certified Professional Contracts Manager through the National Contracts Management Association.

Four (4) years of contract and acquisition management experience in a position of increasing complexity and responsibility.

Training in acquisition, contract administration, cost and price analysis related to federal acquisition, Firm Fixed Price (FFP) contracting experience.

Experience and/or working knowledge of risk management and Cost Containment (cost cap/stop loss) Insurance.

An understanding of FFP Contracts and subcontracts.

7.1.4 PROGRAM CHEMIST: As part of the project organization, the Contractor shall appoint a Program Chemist for sampling and analytical activities who is responsible to a senior company officer. The Program Chemist should have general knowledge of remedial process chemistry, fate and transport of organic and inorganic, knowledge of chemical quality control, experience in the sampling and analysis of toxic/hazardous chemicals and radiological contamination in environmental matrices. The Program Chemist will be required to have advanced expertise (senior level) in chemical data quality management of environmental analytical data. The Program Chemist will be appointed by a senior chemist or project manager to be principally responsible for oversight of all quality control operations for field and laboratory activities related to sampling and analysis. The Program Chemist shall have, as a minimum, the following qualifications:

A four-year college degree in Chemistry from an accredited institution.

A minimum of ten (10) years of professional experience in Chemistry of which a minimum of seven years must be directly related to environmental investigations and/or remedial actions as a part of a Contractor management team (i.e. not primarily employed at a laboratory).

A minimum of two (2) years experience at the level of a commercial environmental analytical laboratory with expertise in standard analytical chemistry methods common for analyzing soil, water, air and other materials for chemical contamination assessment, including field analytical procedures such as immunoassay, energy dispersive x-ray fluorescence (EDXRF), etc.

Working knowledge of calibration and operation of various field analytical and monitoring devices.

Comprehensive knowledge of sampling protocols for soil, water, and air matrices, calibration and operational procedures for field monitoring devices, chemical properties of hazardous materials, EPA protocols for performance of environmental analyses (SW- 846, EPA wastewater and surface water, Standard Methods, etc.), and data validation procedures.

Comprehensive knowledge of the data quality objectives process and the proper protocol and requirements needed to implement that process.

7.1.4.1 The Program Chemist will be expected to have a lead role in management of project tasks associated with sampling and analysis including preparation of the CDQMP, preparation of Sampling and Analysis Plans, instruction of field personnel in sampling and preservation requirements, general oversight of field personnel involved in sampling activities, coordination with the analytical laboratory to insure readiness to implement project specific requirements, participation in on site inspections of the Contract Laboratory, review of analytical data as it becomes available to insure conformance with quality standards, implementation of corrective actions in accordance with these specifications when review of data uncovers deficiencies, and serve as a general point of contact for the USACE CO for issues related to environmental chemistry. The Program Chemist shall be employed or subcontracted by the Contractor and shall not be employed by a laboratory performing analyses for this contract.

7.1.4.2 If there is a conflict between paragraph 7.1.4 (and all sub-paragraphs) of this performance work statement and Appendix A (Environmental Data Quality Management Program Specifications), then Appendix A shall take precedence.

7.1.5 HEALTH AND SAFETY MANAGER (HSM): This is a safety and occupational health (SOH) professional that meets one of the three definitions below, with 3 years SOH management experience in hazardous waste site cleanup activities, and with the knowledge and skills to assure that on-site work is safely conducted. HSM credentials must reflect an ability to control and manage the primary contaminant related hazards (CIH for chemical hazards, CSP for safety hazards, CHP for ionizing radiation hazards) on the project. Projects with multiple contaminant related hazards (chemical, ionizing radiation, and safety) require the HSM to seek assistance from SOH professionals with appropriate credentials, knowledge, and skill to address secondary hazards. The minimum qualifications of the HSM shall include:

Demonstrable expertise in air monitoring techniques and in development of respiratory protection and personal protective equipment programs for working in potentially toxic atmospheres. Working knowledge of applicable federal, state, and local occupational safety and health regulations.

7.1.6 CONTRACTOR QUALITY CONTROL (CQC) SYSTEMS MANAGER: The CQC Systems manager shall be responsible for overall management of the CQC, have authority to act in all matters for the Contractor and ensure compliance with the requirements identified in each TO. The level of effort required for the CQC manager sbal1 be determined for each TO depending on the type of project and project specific needs. The minimum qualifications of the

CQC System Manager shall include:

A college degree in engineering, construction management, or related field.

A minimum of five (5) years working experience in quality control or quality assurance, Working knowledge of applicable federal, state, and local laws, regulations, and guidance.

In addition to the above experience and/or education requirements the CQC System Manager shall successfully complete the course entitled "Construction Quality Management for Contractors" prior to issuance of any TO. This course is periodically offered by the USACE, and is approximately a two day course. The equivalent course offered by the U.S. Navy is also acceptable. Contact the Contracting Officer for more information.

7.1.7 AIR QUALITY SPECIALIST. This individual shall have technical expertise in the collection, analysis, and evaluation of air samples. This position will require interaction with project chemist and risk assessment staff as part of mine remediation. Experience working with local, state and federal regulatory agencies (especially local air quality management districts or air resources boards) should be demonstrated. A four-year degree from an accredited institution in chemistry, ecology or similar field, and a minimum of four years experience related to HTRW sites is required.

7.1.8 HAZARDOUS WASTE RI/FS WORK FOR EPA MINE RESTORATION

SPECIALIST: This individual shall have technical expertise in performing Remedial Investigations and Feasibility Studies at Superfund Sites. The position can be combined with the project manager position. Experienced is required in preparing Work Plans, evaluating data quality objectives, investigating hydrogeology, geochemistry and geotechnical requirements at EPA mine restoration sites.

7.2 GENERAL: Personnel assigned to individual TOs shall have the required qualifications pertaining to the specific categories anticipated to be encountered at the site. The requirements for on-site and off-site personnel shall be determined for each individual TO. The following list of qualifications generally reflects the personnel requirements associated with these types of activities. Other disciplines not listed will be required to have comparable qualifications in their field of expertise.

7.2.1 REGULATORY SPECIALIST: The Contractor shall designate a Regulatory Specialist (RS) as the point of contact for all regulatory matters and manifesting requirements. It is not expected that the Regulatory Specialist will be required full time for each TO. The level of effort required shall be determined for each TO depending on the type of project and project specific needs. The Regulatory Specialist shall have overall responsibility for the accuracy of hazardous waste identification, interpretation of characterization analysis, completion of waste profiles, completion of hazardous waste manifests, and all transportation and disposal reporting. The Contractor shall coordinate review and approval procedures for all manifests. The Regulatory

Specialist shall have, as a minimum, the following qualifications:

A minimum of three (3) years working experience in federal, state, and local laws and regulations, and guidance associated with HTRW remediation.

The capability to identify all required permits.

Specialized training in Hazardous Materials Transportation and required training in manifesting and DOT certification (49 CFR172, subpart H; 40 CFR 262/265; 40 CFR

268; 29 CFR 1926.65).

7.2.2 SITE SAFETY AND HEALTH OFFICER (SSHO): The Contractor shall utilize a trained, experienced SSHO to ensure that all elements of the accepted APP are implemented and enforced on-site. The SSHO or a qualified designated representative shall be on-site full time for the duration of the field activities. The minimum qualifications of the SSHO shall include:

A minimum of two (2) years working experience in implementing safety and health programs at hazardous waste sites.

Documented experience in construction techniques and construction safety procedures.

Specialized training in personal and respiratory protective equipment, program implementation, and in proper use of air monitoring instruments, air sampling methods, and interpretation of results.

Current training in First Aid and CPR by a recognized organization such as the American Cross.

Working knowledge of applicable federal, state, and local occupational safety and health laws, regulations, and guidance.

7.2.3 PROJECT CHEMIST: As part of the project organization, the Contractor shall appoint a Project Chemist. The Project Chemist must have knowledge of environmental analytical chemistry methodologies as described in EPA SW-846, and quality control procedures as applicable to environmental analytical chemistry. The Project Chemist shall have, as a minimum, the following qualifications:

A four-year college degree in Chemistry from an accredited institution and a minimum of four (4) years of combined professional experience at the level of a commercial environmental analytical laboratory or working as a part of a Contractor project management team of which a minimum of 3 years must be directly related to environmental investigations and/or remedial actions as a part of a Contractor management team (i.e. not primarily employed at a laboratory).

Working knowledge of calibration and operation of various field analytical and monitoring devices.

Comprehensive knowledge of sampling protocols for soil, water, and air matrices, calibration and operational procedures for field monitoring devices, chemical properties of hazardous materials, EPA protocols for performance of environmental analyses (SW - 846, EPA wastewater and surface water, Standard Methods, etc.), and data validation procedures.

Comprehensive knowledge of the data quality objectives process and the proper protocol and requirements needed to implement that process.

7.2.3.1 The Project Chemist will be expected to have a "hands on” role in management of project tasks associated with sampling and analysis including preparation of the CDQMP, preparation of Sampling and Analysis Plans, instruction of field personnel in sampling and preservation requirements, general oversight of field personnel involved in sampling activities, coordination with the analytical laboratory to insure readiness to implement project specific requirements, review of analytical data as it becomes available to…