Attachment 3 - PWS WVP_RRB_WaterTestingBPA_R1.pdf

PERFORMANCE WORK STATEMENT (PWS)

U.S. ARMY CORPS OF ENGINEERS - PORTLAND DISTRICT

WILLAMETTE VALLEY & ROGUE RIVER PROJECTS WATER TESTING

Date: 6 May 2024

1.0 General Statement

This is a Firm Fixed-Priced, Multiple Award Blanket Purchase Agreement (BPA) entitled Willamette Valley (WVP) & Rogue River Basin (RRB) Projects Water Testing. Requests for services will be made via a Call utilizing the pricing in this Agreement. The Period of Performance will be five years from the date of award.

1.1 The Contractor shall provide all personnel, equipment, tools, materials, vehicles, supervision, and all other items necessary to perform Water testing services for the US Army Corps of Engineers (USACE), Portland District, Willamette Valley, and Rogue River projects.

1.2 The Contractor shall collect, analyze, and submit reports for the collection of water samples taken per each Call issued by USACE, Portland District’s, Willamette Valley (WVP), and Rogue River Basin (RRB) Projects. The locations of samples to be taken, will vary and be within the Portland District areas of operation which covers most of Oregon. Water Testing may be required at various designated sites such as, Government operation facilities, waterways, and others.

1.3 Testing Sites

Testing Locations City Facility Water Testing Type Mill City Detroit NPDES Gates Big Cliff NPDES Foster Foster NPDES Foster Green Peter NPDES Blue River Cougar NPDES Lowell Dexter NPDES

Lowell Lookout Point NPDES, Drinking Water

Oakridge Hills Creek NPDES

Trail Lost Creek NPDES, Drinking Water

Cottage Grove Shwarz park Drinking Water Cottage Grove Pine Meadows Drinking Water, water quality Cottage Grove Wilson Creek Drinking Water, water quality Lowell Ivan Oaks Drinking Water Cottage Grove Ranger Office Drinking Water

2.0 Definitions

Throughout this agreement terms are defined as follows:

Acceptable Quality Level (AQL): Acceptable Quality Level equals the performance standards listed in Section 6.0. The Contractor must re-perform all unsatisfactory work unless excused by the COR.

Call Officer: A government employee who is authorized to schedule testing services listed on the approve price list. The approved Call Officer list will be provided to each contractor at the award of each BPA and updated as needed. Any NWP Contracting Officer is authorized to schedule testing as needed.

Composite Sampling: composite samples are created by physically combining and homogenizing samples based on a fixed compositing scheme over a period of 24 hours.

Contracting Officer (KO): The Government employee who is authorized to enter into, administer, and/or terminate contracts and make related determinations and findings.

Contracting Officer’s Representative (COR): The Government employee who has been authorized in writing by the KO as the Contracting Officer’s Representative, acting within the limits of their designated authority.

Contract Discrepancy Report (CDR): A written record of unsatisfactory performance by the Contractor as observed by the Government.

Oregon Environmental Laboratory Accreditation Program (ORELAP):

ORELAP accredits qualified laboratories for testing under the Clean Air Act (CAA), Clean Water Act (CWA), Resource Conservation and Recovery Act (RCRA), the Safe Drinking Water Act (SDWA) under ORS 475C.540 to 475C.590.

3.0 Government Shall Furnish

There is no Government Furnished Property under this agreement.

4.0 Contractor Shall Furnish

The Contractor shall provide all materials, parts, and labor in performance of the services as defined in this agreement. The Contractor shall have all necessary equipment to perform the stated work in an ORELAP approved laboratory. The Contractor shall provide all personnel, equipment, supervision, certifications, and other items and services necessary to perform water quality analysis as defined in this

PWS.

• The Contractor may be called upon to collect the water sample. In this event, the Contractor shall provide the name and approximate date and vehicle tag of Contractor personnel who will be on Government property for the water sample collection to the COR.

• If the Government is collecting the sample and mailing the sample to the contractor, the Contractor shall supply sample containers suitable for the sample matrix and analytical method.

• If the Government is mailing the sample, the Contractor shall supply shipping labels for the testing materials to be shipped to the lab via one-day ground.

• The Contractor shall supply all materials necessary for the safe and method appropriate handling, collection, and preservation of water samples.

• The Contractor shall supply sample containers and coolers suitable for the sample matrix and analytical method.

• The Contractor shall be responsible for delivering samples from test site to an ORELAP approved laboratory within 24 hours and within temperature and holding time as stated in the appropriate EPA and/or ODEQ water quality standards.

• Should the Government need to take samples, the Contractor shall supply the Government with sampling instructions, containers, container labels, chain of custody forms, and packaging instructions.

• Should the Government need to provide the water samples, the Contractor shall supply by mail all materials necessary for the safe and method appropriate handling, collection, preservation of water samples.

• The Contractor shall immediately notify the Government’s Contracting

Officer’s Representative (COR) if there are concerns with the samples that require resampling on the part of the Government.

• The Contractor shall supply analysis results electronically via email to the

Government COR.

4.1 Personal Safety Protection & Other Equipment

Under the performance of this agreement, the Contractor shall provide their employees all personal protective safety equipment (PPE), such as hardhats, steel-toed boots, safety vest, safety goggles and hearing protection, as required per each Call issued.

The Contractor shall provide any miscellaneous supplies necessary for inspection such as flashlights and any materials required to perform the work outlined by the COR.

4.2 Letter of Authority

The Contractor shall provide and maintain throughout the life of the agreement, an up-to-date Letter of Authority outlining the individuals and the authorities granted within their company. This Letter of Authority shall contain the typed signature block, handwritten signature, and contact information for everyone granted authority with identification of the authority granted them. This Letter of Authority shall be signed by the individual who signed the agreement.

4.3 Subcontracting

The Contractor shall notify both the Contracting Officer and the COR in writing, of any work to be subcontracted. Compliance with the provisions of this agreement by subcontractors shall be the responsibility of the Contractor.

5.0 Performance Standards and Requirements

The Contractor may be called upon to perform testing; and the Contractor shall perform all sampling and testing according to required ORELAPs and other requirements outlined in the specifications and attachments of the contract for which the sampling and testing is to be performed. The Contractor shall provide sufficient supplies, materials, and equipment to adequately gather, collect, transport, and perform testing. In the case of Government sampling, the Contractor shall supply the Government with sampling instructions, containers, container labels, chain of custody forms, packaging instructions, all materials necessary for the safe and method appropriate handling, collection, preservation of water sample, supply sample containers suitable for the sample matrix and analytical method, and supply shipping labels for the testing materials to be shipped to the lab via one-day ground. The Contractor Attachment 1 is the BPA Tests and Sampling Schedule and Price List which lists the approved sampling, anticipated quantity per each, and, at award, will list the price per each as agreed upon with the Contractor. The Contractor shall provide sufficient supplies, materials, and equipment to adequately gather, collect and transport samples to lab for testing. Note that Attachment 1 BPA Tests and Sampling Schedule and Price List may be updated for test/sampling needs, upon mutual agreement between the Contractor and the Contracting Officer.

5.1 Pre-Sampling Test Meeting and Out-Brief Meeting

The Contractor shall attend any pre-test or out-brief meeting to be held before and after the sampling or inspection is required, at the discretion of the COR and as annotated within the designated Call. Typically, the Government will provide the Contractor advance notice of meetings two business days prior to the pre-test or out-brief meeting.

These meetings will be held by the COR at a Government location specified within each Call (telephonic or video meetings may be proposed as circumstances allow). At the pre-test (or pre-inspection) meeting, the COR will review the requirements of the Call, the inspection schedule, hours, procedures, access, and any security concerns. At the out-briefing, the Contractor will report any significant preliminary findings.

5.2 Testing

The Contractor may be called up to perform testing according to the EPA and Oregon DEQ test methods and Quality Control/Quality Assurance protocols, and other requirements outlined in the Specifications of the contract in which the tests are being performed. Attachment 1 BPA Tests and Sampling Schedule and Price List which lists the test methods, anticipated quantity per each, and, at award, will list the price per each as agreed upon with the Contractor. The Contractor shall provide sufficient supplies, materials, and equipment to adequately test samples either on the designated site or at a lab. Note that Attachment 1 BPA Tests and Sampling Schedule and Price List may be updated for test/sampling need, upon mutual agreement between the Contractor and the Contracting Officer.

5.2.1 National Pollutant Discharge Elimination System (NPDES) permit renewal application Testing

5.2.1.1 Task 1 – Provide sampling and laboratory analysis of water quality samples for Copper Biotic Ligand Model and Aluminum Parameter monitoring for two sampling locations (upstream and effluent) for Hills Creek and Lookout Point Dams. Provide Oil and Grease sampling for all WVP and RRB projects. Some or all tests may be required to have composite sampling performed. This task will start in April 2024 and continue monthly for the duration of the NPDES permit. See Attachment 1 for list of analytes to be tested.

5.2.2 Drinking Water and Water Quality Testing

5.2.2.1 Task 2 – The purpose of this service is to satisfy Oregon Revised Statutes

448.131 and 340-041-0009 that authorizes Oregon State Drinking Water Services to adopt administrative rules to ensure safe drinking water and safe freshwater contact recreation at designation swim beaches. The WVP has a total of 8 drinking water systems that can provide drinking water for either employees and/or visitors that fall under Oregon State drinking water rules and two designated swimming areas. Because USACE provides these services, we are required to perform certain water quality analysis of these systems to ensure that water meets drinking water standards set forth in ORS 448.131 and 340-041-0009. RRB also has a water system. Traditionally, USACE has collected the samples of water and either delivered by hand or mail to testing facilities. Moving forward, USACE is searching for contractors who are trained and able to perform the sample collection, when called on by the Contracting Officer’s Representative, then perform the testing and provide the reported results to both the USACE COR. See Attachment 1 for list of analytes to be tested.

5.3 Sampling, Mailing, Chain of Custody Supplies

5.3.1 Task 3 – Supply the Government with sampling instructions, containers, container labels, chain of custody forms, packaging instructions, all materials necessary for the safe and method appropriate handling, collection, preservation of water sample, supply sample containers suitable for the sample matrix and analytical method, and supply shipping labels for the testing materials to be shipped to the lab via one-day ground.

5.4 Reporting

5.4.1 Task 4 – Provide laboratory analysis of water quality samples for Domestic Drinking Water requirements and NPDES requirements. Delivery of test reports (electronic copy, quantity, and format) will be coordinated at the time of each inquiry or request for service. All test results will be sent to and coordinated with the requesting Call Officer, COR, and Point of Contact.

5.5 Response to Sample/Test Site

When testing at the designated site or collecting material samples for testing at the laboratory, the Contractor shall report to the designated site within 24 hours of notification by the COR. Notification for testing will be made either by phone, email, or letter.

6.0 Performance Requirements Summary (PRS)

The PRS is intended to ensure that the Government receives the services for which it contracted. The Government will only pay for services received. The Performance Requirement Summary (PRS) determines if the Contractor meets the performance standards of the agreement, as well as provides guidelines for how and when surveillance will be performed. It ensures timeliness, effectiveness, and that the Contractor is delivering the results specified in the agreement. Government contract Quality Assurance will be performed at such times and/or places as may be necessary to determine the services conform to the requirements.

The Contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum Acceptable Quality Levels (AQL) of service required for each requirement.

These thresholds are critical to mission success.

6.1 Performance Requirements Summary (PRS) Table

These are the criteria against which the performance will be evaluated. Work shall be considered not to have been performed when any one of the following conditions exists in accordance with the Quality Assurance Surveillance Plan (QASP).

PERFORMANCE REQUIREMENTS SUMMARY

Performance Objective

Performance Standards Acceptable

Quality Levels Method of Surveillanc e Validated Deficiency

Task 1: NPDES Testing (5.2.1)

Specified sampling testing standards and procedures

Zero Deviations from PWS

100% Inspection

0 per quarter

Task 2: Drinking Water Testing (5.2.2)

Specified sampling testing standards and procedures

0 per quarter

Task 3: Sampling Materials (5.3.1)

Specified sampling testing, mailing, and chain of custody supplies

0 per quarter

Task 4: Reporting (5.4.1)

Reports shall provide results of test performed on samples in an accurate and concise manner.

0 per quarter

6.2 Surveillance

The method of surveillance is 100% inspections for all services. If the COR discovers deficiencies and/or receives complaints, the COR will pass them on to the Contractor's Quality Control Manager (QCM) for correction.

6.3 Quality Control (QC)

The Contractor, not the Government, is responsible for QC actions necessary to meet the quality standards set forth by the agreement and each Call. The Quality Assurance Surveillance Plan (QASP) is a document that communicates to the Contractor the surveillance methods that will be used to measure its performance against the standards in the agreement and provides means by which the Government monitors and documents performance. Quality Assurance (QA) is the Government process that ensures the Contractor’s QC system is functional and effective. The surveillance methods identified in the QASP, together with the Contractor’s QC Plan, will help determine whether the Contractor delivers the performance set forth in the agreement.

The Government reserves the right under FAR 52.212-4 Contract Terms and Conditions—Commercial Items to inspect and test the services called for by the Agreement, to the extent practicable at all times and places during the term of the Agreement. Non-conforming services shall be rejected.

6.4 Unacceptable Performance

When performance is determined unacceptable, as defined in the PRS, the COR will notify the Contractor’s representative that performance is unacceptable and provide written documentation. Disputes in surveillance shall be referred to the Contracting Officer. Examples of deficiencies include, but are not limited to:

a. Not reporting to the work site on time.

b. Reporting to the work site without necessary PPE.

c. Reporting to the work site without necessary equipment to perform the required service (test).

d. Providing a technician that is not familiar with the required service (test).

e. Providing a technician that is not certified to perform the required service (test).

f. Failure to perform the test in accordance with the applicable standard.

g. Failure to provide post-test reports in the specified timeframe.

h. Intentional disregard of applicable safety standards.

i. Failure to maintain validation through MTC for the life of the agreement.

6.4.1 Correction of Unacceptable Performance

The COR will notify the KO of less than acceptable performance. If any of the services do not conform to contract or agreement requirements, the Government may require the Contractor to perform the services again in conformity with the agreement requirements and at no additional cost to the Government. When the defect(s) in services cannot be corrected by re-performance, the Government may:

a. Require the Contractor to take necessary action to ensure future performance conforms to the agreement requirements.

b. Reduce the contract price to reflect the reduced value of the services performed.

c. If the Contractor fails to promptly re-perform the services, or to take the necessary action to ensure future performance in conformity with the agreement requirements, the Government may use one of these methods to resolve the deficiency:

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

(2) Issue a Cure Notice.

(3) Terminate the Agreement for Government Convenience.

(4) Terminate the Agreement for Cause.

6.4.2 Correction of Non-Performance of Work

The Contractor shall employ an adequate quantity of personnel to ensure that any area found to be not in compliance and therefore not acceptable, shall be made acceptable by the performance or re-performance of the work, where such re-performance is possible, during the first business day after the non-compliance has been observed by or reported to and verified by the COR.

If the Contractor fails to perform or re-perform the services required by a Call, the Government may also choose to assign the work to another party. If this occurs, the Contractor shall be required to reimburse the Government for the full costs of the work performed including labor, materials, transportation, and supervision.

The Government may require the Contractor to discontinue using any employee in the performance of the work specified in this agreement determined by the Government to be unsatisfactory.

6.4.3 Performance Standard

Recurring defects are not permitted for any of the above service items. No defect is recorded against the Contractor's performance if the defect is immediately corrected.

However, if this same situation occurs again during the agreement period, an incident will be recorded and reported to the KO for appropriate action in accordance with FAR 52.212.4, Contract Terms and Conditions-Commercial Items (Dec 2022).

6.5 Damages Caused by the Contractor

The Contractor shall be held accountable and liable to the Government for any damages to Government facilities, fixtures, furnishings, equipment, or grounds caused by the Contractor or their employees.

6.6 Interference with Government Operations

Contractor and their employees shall perform all work in such a way as to not interfere with regularly scheduled Government operational activities.

7.0 Safety, Environmental, and Security Regulations and Procedures This section presents safety, environmental and security requirements and regulations that may involve training of Contractor and/or subcontractor training to work on a Government site. The Contractor shall maintain a current roster of the names of employees who have completed the training, the title of the training completed, and the most recent date that the training was completed, method of training delivery, and instructor's name if applicable. The Contractor shall submit the roster to the COR no later than 5 calendar days after each employee has received the training. The Contractor shall update the roster and resubmit to the COR no later than 5 calendar days after any changes.

If work occurs on a Government Facility, an ID Badge/Access Card may be issued to Contractor Employees; these items must be returned upon completion of work. When working at an Operating Project, the Contractor employee will be escorted by a Government Employee at all times.

7.1 Safety

The Contractor shall follow all safety regulations as set by Occupational Safety and

Health Administration (OSHA), USACE Engineering Safety Manual-EM385-1-1 and project safe clearance procedures. Where conflicts in safety regulations occur, the most stringent shall apply. In accordance with EM 385-1-1, the Contractor shall prepare an Activity Hazard Analysis for approval by the COR prior to commencement of work.

The online link to the USACE EM 385-1-1 is as follows:

https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_ 385-1-1.pdf?ver=7Cpck_22Ct_-w6QSGyOKVQ%3d%3d.

7.1.1 Safety Resources:

An additional site shown below contains many tools in helping fill out the safety and health program forms https://www.usace.army.mil/Missions/Safety-and-Occupational- Health/ . This site will contain a link to any interim changes to the EM 385-1-1 safety manual as well as any global interpretations and/or questions that have been asked about the EM 385-1-1 forms for required Activity Hazard Analysis and Position Hazard Analysis.

7.1.2 Activity Hazard Analysis:

The Contractor shall determine those areas and activities in which possible safety hazards per each Call issued and note such information on the Activity Hazard Analysis (example within the EM-385-1-1). When completed, the Contractor shall identify hazards in each phase of services performed, what preventative measure the Contractor proposes to take to prevent such accidents and then return to the COR to retain on file.

7.1.3 Additional Plan Content and Responsibilities:

The Contractor shall be fully knowledgeable and provide upon request any or all plans for the safe handling, loading, transporting, transfer, storage, treatment, and disposal of all waste materials. In addition, first aid procedures for injuries shall be included in the safety and environmental plans listed. These plans shall describe safe work procedures for all phases of work based upon an Activity Hazard Analysis, for the job described herein.

7.1.4 Personal Protective Equipment and COVID-19 Mitigation

The Contractor shall furnish approved personal protective safety equipment (PPE) such as safety footwear meeting ANSI Z41, hardhats distinct in appearance and differing in markings from Government issued hardhats, safety glasses, high visibility apparel, personal floatation devices, gloves, eye, and hearing protection, as described in the Corps EM 385-1-1, Safety Manual. Face coverings, hand sanitizer, disinfectant wipes, and other COVID-19 mitigation supplies must be provided by the contractor. Additional Contractor furnished equipment may be specified as needed on a per Call basis.

7.2 Accidents and Reporting

The Contractor shall make a written report of each separate case of an injury or accident. The report shall include, but not be limited to; location, nature of the injury or accident, authorities notified, and the action taken along with any other pertinent information. The report shall be accompanied by sketches, graphs/drawings, and https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf?ver=7Cpck_22Ct_-w6QSGyOKVQ%3d%3d https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf?ver=7Cpck_22Ct_-w6QSGyOKVQ%3d%3d https://www.usace.army.mil/Missions/Safety-and-Occupational-Health/ https://www.usace.army.mil/Missions/Safety-and-Occupational-Health/ photographs as needed and forwarded to the COR within 24 hours of occurrence.

The Contractor or the Contractor’s employees shall report any circumstances of needed repair of the facility or unusual soiling of any area which may affect the performance of the work and unhealthful or hazardous conditions or any delays or interference with the work caused by the employees or the Government.

7.3 Security Requirements

The Contractor shall be responsible for safeguarding all Government equipment, information, and property as well as any equipment on the work site. At the close of each work period, Government facilities, equipment, and materials shall be secured.

7.3.1 Access and General Protection/Security Policy and Procedure The security requirements described below apply to all contract personnel (including employees of the prime Contractor and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., COR or Contracting Officer). Contract personnel are critical to the overall security and safety of USACE installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation to the COR. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable Requiring Activity (RA) plans and procedures - this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

All Contractor’s and all associated subcontractor’s employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The Contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in Contractor security matters or processes.

7.3.2 Physical Security and Access Control Requirements

All contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of that location. Contract personnel requiring unescorted access to meet contract performance requirements on a DoD installation in the US shall be vetted by the installation/facility Provost Marshal/Directorate of Emergency Services/Security Office using the National Crime Information Center- Interstate Identification Index (commonly referred to as “NCIC-III”) and Terrorist Screening Database (commonly referred to as “TSDB”). Contract personnel shall comply with all personal identity verification requirements specified in installation/facility policies and procedures. Contract personnel who do not meet requirements for unescorted access to USACE facilities shall coordinate escorted access with the Government representative, as needed. Contract personnel who receive keys, access cards, or lock combinations that provide access to government-owned property shall comply with key and lock control procedures of the RA.

7.3.3 Pre-screen Employees using E-Verify Program

Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements. Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

7.3.4 Escort within Classified/Sensitive/Restricted Areas

In accordance with applicable regulations, all contract personnel who do not possess the appropriate security clearance or access privileges will be escorted in areas where they may be exposed to classified information or operations, sensitive information or activities, or restricted areas.

7.3.5 Identification of Contractor’s Employees

The Contractor, before reporting for a Call, shall provide the COR with a list of all employees who shall perform work under the Call. The list shall include the full name, https://www.e-verify.gov/ aliases, and work assignment of each employee. The Contractor shall notify the COR in writing of any addition, deletion or change in work assignment within one business day of such change.

All vehicles used by Contractor personnel on project shall bear suitable company identification to enable project personnel to identify such as authorized for access. The Contractor will provide the COR with a list of vehicles and their license plates that will be used to perform work. Vehicles shall be in good working condition, not dripping oil, etc.

Any fluid spills (gasoline, oil, hydraulic fluid, antifreeze, etc.) shall be cleaned up immediately. Any spills into water shall be immediately reported to the onsite representative and COR. Safety features on vehicles shall be working.

8.0 General

8.1 Calls for Service.

Work under this agreement is scheduled to commence in accordance with the issued Call. Calls will be issued when sampling and testing services available under this agreement become known and needed. Calls are issued via a Call Order Form provided as Attachment 4 Water Testing Call Order Form Sample. Calls must be placed by the authorized Call Officer or by a Contracting Officer; each Contractor will be provided with a list of authorized Call Officer’s at time of agreement award. Any Contracting Officer within Portland District can place Calls. Calls are not to be received by the Contractor from individuals who are not designated as Call Officers or who are not a Contracting Officer within Portland District. The Call Officers may be changed by the Government at any time with an updated list provided to the Contractor.

8.1.1 The Government plans to compete amongst all BPA Contractors but reserves the right to go to individual vendors based on the below factors. To choose a vendor/Contractor, the Government can consider (1) cost based upon awarded price schedule (for any Calls the vendor may offer discounts from current approved price schedule), (2) proximity to testing location, and (3) availability. Generally, the Government will attempt to spread work evenly amongst all vendors under the BPA.

However, cost will be the primary factor when choosing a vendor.

8.1.2 The payment for each Call under $2,500 will be via a Government Purchase Card (GPC) and will be provided at time of delivery of the test report for each Call. All Calls over $2,500 will be processed through the USACE Finance Center and may take up to 30 days for payments to be received. Invoicing instructions are provided under paragraph 8.3 Invoicing for Work, below. The Government will not make payment until all testing and reporting are completed per each Call.

8.1.3 The Government will track Calls placed to the Contractor. A unique Call number will not be assigned per each Call placed by the Government. However, the Contractor is encouraged to establish a unique identifier per their company’s practice. An example of the Government’s BPA Call Tracking Sheet may be found in Attachment 5 BPA Call Log Sample.

8.2 Measurement and Payment for the Price/Bid Schedule

8.2.1 Price/Bid Items for tests with the unit of measure of EACH- “EA” shall be measured for payment based on the number of each test performed. The price and payment shall be compensation for labor, materials, and equipment to perform laboratory tests and to submit test reports as specified in the referenced standard for each unit item.

8.2.2 Price/Bid Items for tests with the unit of measure of SET shall be measured for payment based on the number of each set of tests performed as required by the indicated Attachment 1 – BPA Tests and Sampling Schedule. The price and payment shall be compensation for labor, materials, and equipment to perform laboratory tests and to submit test reports as specified in the referenced standard for each unit item.

8.2.3 Price/Bid Items for tests with the unit of measure of HOUR- “HR” shall be measured for payment based on the number of hours, or fractions of an hour thereof, expended to perform tests at the designated site or fabrication shop. The price and payment shall be compensation for labor, materials, and equipment to prepare samples at the designated site, to perform field tests, and to complete test reports as specified in the referenced standard for each unit item.

8.2.4 Price/Bid Item “0003A” shall be measured for payment based on the number of miles traveled to the site from the laboratory, home, or lodging establishment. The rate shall be full compensation for vehicle use, fuel, maintenance, insurance, licensing, and other expenses related to using a vehicle in the prosecution of work. To view the current mileage rates, log on to https://www.irs.gov/tax-professionals/standard-mileage-rates.

8.2.5 Price/Bid Item “0003B” shall be measured for payment based on the number of days and nights and fraction thereof spent away from home for the purpose of performing fieldwork at a designated site. Payment shall be made to cover the actual invoiced cost of lodging, meals, and incidentals, but shall generally not exceed the rates for per diem listed by the General Services Administration. Invoices that include lodging and M&IE (per diem) must include receipts and detailed documentation of the claimed activities. Current GSA per diem rates are available at https://www.gsa.gov/travel/plan-book/per-diem-rates.

8.2.6 Price/Bid Item “0003C” shall be measured for payment based on the number of hours, or fraction of an hour thereof, for administrative time to provide on a per Call basis. Provide documentation, as may be requested per Call, to substantiate hours invoiced.

8.2.7 Price/Bid Item “0003D” shall be measured for payment based on the job. This is a lump sum, per job or “Call”, Lab provided shipping services. For samples self-collected at the site, supply the Government with sampling instructions, containers, container http://www.irs.gov/tax-professionals/standard-mileage-http://www.gsa.gov/travel/plan-labels, chain of custody forms, packaging instructions, all materials necessary for the safe and method appropriate handling, collection, preservation of water sample. Supply sample containers suitable for the sample matrix and analytical method, and supply shipping labels for the testing materials to be shipped to the lab via one-day ground.

Payment on a per job basis. Payment will only be made to the lab listed on the Call for this CLIN.

8.3 Invoicing for Work

The Contractor may invoice USACE for work performed at the conclusion of a test, after the test results have been provided with a report or means described in each Call.

Invoices shall be submitted based upon the information contained in the Call and upon the dollar value of the Call.

For a Call less than $2,500, provide an electronic invoice to the Call Officer, the COR, and Point of Contact listed on the Call Order Form. Payment will be made via a Government Purchase Card (credit card). The Call Officer and COR, with be the GPC holder making the payment.

For a Call over $2,500, processing will be provided via the USACE Finance Center.

USACE FINANCE CENTER

5722 INTEGRITY DRIVE

WILLINGTON, TN 38054-5005

Invoices shall be submitted to the following: USACE Finance Center at:

CEFC-G2INVOICES@USACE.ARMY.MIL

Electronic copy also sent to:

Call Officer, the COR, and Point of Contact listed on Call Order Form

8.4 Smoking on Government Property

There is a NO Smoking policy in all Government Buildings. The Contractor shall verify with COR if and where smoking is permitted prior to work being performed. Smoking may not be allowed on Government Property due to fire hazard.

8.5 McNamara-O'Hara Service Contract Act (SCA)

The SCA will apply to all Calls over $2,500 and the requirements of the SCA would apply to all employees working on the Calls.

Every employer performing work covered by McNamara-O'Hara Service Contract Act (SCA) is required to post a notice of the compensation required (including, for service contracts, any applicable wage determination) in a prominent and accessible location at the worksite, (for this agreement the worksite would be the employee’s place of work or laboratory), where it may be seen by all employees performing work on the agreement.

A copy of the poster is available at the following website for the Department of Labor:

http://www.dol.gov/whd/regs/compliance/posters/sca.htm.

mailto:CEFC-G2INVOICES@USACE.ARMY.MIL http://www.dol.gov/whd/regs/compliance/posters/sca.htm

8.6 Contract Changes

Changes in scope, time, or deliverables can only be authorized by the Contracting Officer (KO). The Contractor shall notify the KO immediately if they have received direction to perform work outside the scope of the contract. Changes in scope will be negotiated and a written modification issued, before proceeding with the work.

8.7 Veterans Employment Emphasis for USACE Contracts

In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) Contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE Contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant Contract, USACE Contractors are encouraged to seek out highly qualified veterans to perform services under this Contract. The following resources are available to assist USACE Contractors in their outreach efforts:

U.S. Department of Labor Veterans employment: www.vets.gov Federal veteran employment information: www.fedshirevets.gov/index.aspx Veterans' Employment and Training Service (VETS): http://www.dol.gov/vets Veterans Opportunity to Work (VOW) Program: http://benefits.va.gov/vow Hiring Our Heroes initiative: www.uschamberfoundation.org/hiring-our-heroes

8.8 Points of Contact

Points of Contact for each Call, including onsite gathering of samples, will be established at the time each Call is placed and is anticipated to primarily be the Call Officer (or Contracting Officer) and a Primary Point of Contact, at a minimum. The COR(s) will be established and communicated to the Contractor following contract award.

http://www.vets.gov/ http://www.fedshirevets.gov/index.aspx http://www.dol.gov/vets http://benefits.va.gov/vow http://www.uschamberfoundation.org/hiring-our-heroes