W9128A20R0008 Amendment 0002_09Apr2020.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04 EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to incorporate revisions to Section B, Section J, Section L, and Section M in response to RFIs. All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 50

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY

16B. UNITED STATES OF AMERICA 15C. DATE SIGNED 15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer) (Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W9128A20R0008

X 9B. DATED (SEE ITEM 11)

23-Mar-2020

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

09-Apr-2020 CODE 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODE CODE

EMAIL:TEL:

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION B - SUPPLIES OR SERVICES AND PRICES

The following have been modified:

SECTION B

1. Pricing – Firm Fixed Price Task Orders and Modifications

1.1 Binding Labor Rate Schedule. The binding labor rates for use on this contract are provided in the following schedule.

Table B.1. BINDING LABOR RATE SCHEDULE

Labor Discipline

Unbur-dened Rate

(Year 1)

Bur-dened Rate Base

Period

Rate Base

(Year 2)

Rate Base

(Year 3)

Burdened Rate Base

(Year 4)

Period (Year 5)

Burden-ed Rate

6- Month Option to Extend

Program Manager

Project

Quality Manager

Safety and Health

Site Safety and Health Officer

Program Chemist

Senior Engineer

Staff Engineer

Geologist

Hydrogeolo-gist

Environmental Scientist

Risk Assessor

Unburdene d Rate

Burdene

Base

Base

Base

Period (Year 5)

Burdene d Rate

6- Month Option to

NEPA Specialist

Senior Planner

Junior Planner

Certified Industrial Hygienist

Natural Resource Specialist

Archeologist

GIS Specialist

Geophysicist

Procurement Contracts

Administrativ e Assistant

Hazardous Wastes Specialist

Hazardous Wastes Technician

Unburdene

Base

Base

Base

Period (Year 5)

Burdene d Rate

6- Month Option to

Surveyor

Heavy Equipment Operator

UXO

Technician I

Technician II

Tech III

Senior UXO Supervisor

(SUXOS)

UXO Safety Officer

(UXOSO)

Drafter/Illustrato r

Word Processor

Archaeologica l Technician

Architectural Historian

1.1.1 The offeror shall indicate for each discipline whether the employee in that discipline is employed by the prime or a subcontractor by annotating PRIME or SUB next to the discipline in the first column.

1.1.2 The hourly burdened labor rates proposed in the Binding Labor Rate Schedules above shall, upon contract award, be binding for their respective years throughout the life of the MATOC.

1.1.3 The hourly burdened labor rates shall include direct cost, payroll taxes, insurance, benefits, and any other applicable labor costs, but shall exclude profit.

1.1.4 The binding hourly rates represent the maximum labor rates that the contractor shall use when responding to a Firm Fixed Price Request for Task Order Proposal (RTOP) issued by the Government. These binding rates shall also apply to all firm fixed price task order modifications. The contractor may propose a lower hourly rate for these labor disciplines when responding to the RTOP based on the tasks identified in the RTOP or modification requests. If a specific Task Order or Task Order modification scope requires overtime or hazard pay, those rates will be negotiated at the Task Order level.

1.1.5 Adherence to these rates will be reviewed through submittal of supporting documentation by the contractor to show how they developed their proposal for each task order. Failure to propose the binding hourly rate or a lower rate for the listed labor disciplines may result in the Contractor’s task order proposal being rejected for award consideration.

1.1.6 If a discipline is not listed in the contract rate pricing schedule and is required for the contractor to perform a specific task order, the contractor may propose the required labor category and the associated fully burdened labor rate (exclusive of profit) in the proposal submitted in response to the issued RTOP.

1.1.7 If, during the contract period of performance, the Contractor’s original personnel are no longer available, the Contractor shall find personnel that have the same or very similar qualifications as the previous personnel. The Contractor shall be responsible for negotiating the labor rates for those personnel that have been provided in the Binding Labor Rate Schedules. The rates provided in Binding Labor Rate Schedules are the maximum that will be paid by the Government for any replacement personnel.

1.1.8 The maximum rates shall be governed by the effective date of the Task Order. Task

Orders will use the prices for the 12-month period effective on the date the Task Order is issued. Modifications to Task Orders will reflect the rates of the then current 12-month binding labor rate schedule. If a majority of the work performance will be initiated or completed within the following 12-month ordering period, then the Government and Contractor may negotiate which rates apply to that specific Task Order.

1.2 Binding Cap Rates. The binding cap rates for use on this contract are provided in the following schedule.

Table B.2. BINDING CAP RATES

Base Period Year 1

Base Period Year 2

Base Period Year 3

Base Period Year 4

Base Period Year 5

6 Month Option to Extend Period

Home Office Overhead Rate

G&A Rate

Field Overhead (if applicable)

Other (identify):

1.2.1 The Binding Cap Rates represent 1) a breakout of the caps/markups incorporated into the Binding Labor Rate Schedules; 2) caps/markups on materials/services; and 3) caps/markups to be applied to future task order modifications. If the offeror has Binding Cap Rates that are the same for Base Period Years 1 – 5 simply put the same number in each box. If the offeror intends to provide Binding Rate Caps that are different for any or all of the Base Period Years 2-5 from the Base Period Year 1, the offeror must provide a justification for the changed cap rates. In addition, the offeror must also provide the unburdened binding cap rates for Base Period Years 2-5 (no options) so that the Government can review the calculations of the unburdened versus burdened labor rates.

1.2.2 The Binding Cap Rates represent the maximum rates that the Contractor shall use when responding to a task order request issued by the Government. These Binding Cap Rates shall also apply to all modifications. The Contractor may propose lower rates when responding to the task order request or modification requests.

1.2.3 Adherence to these rates will be reviewed through submittal of supporting documentation by the Contractor to show how they developed their proposal for each task order. Failure to propose at or below the binding cap rates may result in the Contractor’s task order proposal being rejected for award consideration.

1.2.4 The Binding Cap Rates shall be governed by the effective date of the Task Order.

Task Orders will use the prices for the 12-month period effective on the date the Task Order is issued. Modifications to Task Orders will reflect the rates of the then current 12-month Binding Cap Rate schedule.

1.2.5 If the offeror intends to use the same Binding Cap Rates throughout the entire life of the contract, the offeror can propose an escalation rate to be applied to each previous year’s fully burdened labor rate.

1.3 Binding Profit/Fixed Fee Rate. The binding profit/fixed fee rate for use on this contract is provided in the following schedule.

Table B.4: BINDING PROFIT/FIXED FEE RATE

Maximum Profit Rate (Firm Fixed Price Task Orders) %

1.3.1 The maximum profit/fixed fee rate shall be binding and shall be the maximum profit rate the Contractor will be allowed to propose for all task orders issued under this contract.

1.3.2 The Contractor may propose a lower profit rate/fixed fee when responding to the task order request (or subsequent modifications) based on the tasks identified in the request. Profit/Fixed Fee will be negotiated on an individual Task Order and modification basis, but shall never exceed the rate identified in Table B.4.

1.4 General.

1.4.1 The amount to be paid to the Contractor for each firm-fixed price task order shall be based on the binding labor rates for the disciplines listed in Paragraph 1.1, the binding cap rates listed in Paragraph 1.2, the binding profit rate cap listed in Paragraph 1.3 and any proposed travel which has been accepted by the Government.

1.4.2 Applicable Department of Labor Wage Rates (as established per FAR 52.222-41) and Statement of Equivalent Rates for Federal Hires as established per FAR 52.222-42) will be incorporated in the MATOC to cover any work to be performed at the individual task order level.

Table B.3: ESCALATION RATE

1.4.3 The Government reserves the right to request information other than certified cost or pricing data from the contractor at the task order level to assess the reasonableness of the proposed task order pricing.

2. Travel

All proposed travel must be accepted by the Government. Per Diem (lodging and MI & E expenses) shall be paid at the then current Government rates in accordance with the Federal Travel Regulation (FTR) per person per calendar day spent in travel status.

No per diem will be paid for travel less than the number of hours per day stated in the current FTR. Per diem rate information may be obtained at https://secureapp2.hqda.pentagon.mil/perdiem/. Privately owned vehicles shall be paid at the [then?] current Government mileage rate in accordance with the FTR.

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J- TABLE OF CONTENTS

Attachment 1 - SCA Wage Determination No. 2015-5689, dated 12/23/2019 Attachment 2 - SCA Wage Determination No. 2015-5691, dated 12/23/2019 Attachment 3 - SCA Wage Determination No. 2015-5693, dated 12/23/2019 Attachment 4 - SCA Wage Determination No. 2015-5739, dated 12/23/2019 Attachment 5 - Seed Project Performance Work Statement, dated 04/09/2020 Attachment 6 - Aua Site Visit Documentation

SEED PROJECT PWS

PERFORMANCE WORK STATEMENT

For

Petroleum Contaminated Soil Removal, Aua Island of Tutuila, American Samoa

Formerly Used Defense Sites CON/HTRW Project No. H09AS000704

February 13, 2020 April 09, 2020

PART 1

General Information

1.0 General:

This is a non-personal services contract to provide environmental services and consulting for petroleum contaminated soil removal under Formerly Used Defense Sites (FUDS) Project No. H09AS000704, including (but not limited to) the following: removal and proper disposal and/or treatment of petroleum contaminated soil; 2) collection and analysis of groundwater samples; 3) collection of groundwater elevation data; 4) evaluation of soil and groundwater contamination extent (vertical and horizontal), 5) preparation of technical reports related to removal, disposal, and analytical activities, and 6) other supporting planning and coordination tasks necessary to complete the project related to the Aua Fuel Farm (AFF) FUDS project. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

The Contractor shall be required to provide a record of all discussions, verbal directions, telephone conversations, etc., participated in by the Contractor and/or their representatives on matters relative to this contract and the work irrespective of whom the other participants may have been. These records shall be numbered sequentially and shall fully identify participating personnel, subject discussed and any conclusions reached. Contractor shall forward a reproducible copy of said confirmation notices to the United States Army Corps of Engineers (USACE) Contracting Officers Representative (COR), Project Manager (PM) and Program Manager (PgM).

Optional Tasks: Optional task 16 - Excavation and Treatment or Disposal of Additional Twenty Cubic Yards of Contaminated Sediments may be exercised at the Government’s discretion.

1.1 Description of Services/Introduction:

The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and any other items with non-personal services necessary to support the contaminated soil removal, disposal, and groundwater monitoring investigations defined in this Performance Work Statement (PWS). The work required under this PWS falls under the Defense Environmental Restoration Program for Formerly Used Defense Sites (DERP-FUDS) project category of CON/HTRW without Underground Storage Tanks per USACE Engineering Regulation 200-3-1 Environmental Quality FUDS Program Policy in section 4-6.3.1. The work proposed in this PWS is being conducted pursuant to the ASAC Title 24 Chapter 1, Chapter 2 Section 24.0206, Chapter 7 subchapter F and Chapter 8.

For all response activities conducted on and off site, the Contractor shall as part of this contract and its price, be responsible for obtaining any necessary license and permits for complying with any federal, state, and municipal laws, codes, and regulations applicable to the performance of the work. All permit acquisition and requirements shall be coordinated with the Government personnel, unless specifically necessary for the operations of the Contractor.

The main tasks associated with the PWS include:

• Preparation and submission of Work Plans;

• Obtaining any necessary permits;

• Removal and disposal or treatment of petroleum contaminated soil at an appropriate disposal facility;

• Site restoration to conditions consistent with condition prior to ground disturbing activities;

• Measurement and recordation of groundwater elevation data;

• Collection and analysis of groundwater samples;

• Regular maintenance of wells and surrounding area to maintain access;

• Interpretation of groundwater chemical data;

• Updating the FUDSCHEM chemical database, and other technical requirements for a FUDS CON/HTRW project.

The technical reporting shall be written from the perspective of the Army writing to stakeholders and not the Contractor writing to the Army. The Contractor shall perform to the standards described in this PWS.

1.2 Background:

Aua Fuel Farm (AFF) FUDS Project No. H09AS000704, also known as Aua Village Tank Farm, consists of approximately 44 acres of land located on the northeast side of Pago Pago Harbor in Aua Village, Island of Tutuila, American Samoa. The FUDS project site is based on the former fuel farm footprint. Included within this footprint were 12 fuel tanks (approximately 55 feet in diameter and 24 feet high), 13 pump houses, and approximately 7,500 feet of 12-inch-diameter pipeline. The farm was used by the Navy for bulk fuel storage and distribution, as well as for a Construction Battalion Seabee camp to support Naval Station Tutuila during World War II.

Based on the Site Investigation Study Report dated April 1991, AFF construction was completed on 31 December 1943 and consisted of 12 bolted, steel surface aboveground storage tanks (ASTs), each with a capacity of 9,540 barrels (400,680 gallons). Twelve 500 barrel per hour fuel oil pumps were built along with the 13 pump houses and a 12-inch pipeline leading to the fuel dock. By 20 June 1945, the ASTs had been drained to the level of the output valve (12 inches from the bottom of the tank) and roughly 4,893 barrels (205,506 gallons) of fuel oil remained at the fuel farm. No records regarding the final dismantling of the ASTs have been found. Historical documents indicate that the tanks were no longer in the inventory of U.S. Naval Station, Pago Pago as of May 1947. Test pits performed in 1991 indicated that most of the fuel farm area had been re-graded and that flat areas were overlain with 5 to 10 feet of volcanic cobble and boulder of various sizes used as rock fill. As such, any tank remnants are expected to be buried under the rock fill.

By request of the American Samoa Government (ASG), USACE Honolulu District (POH) conducted multiple investigations between 1991 and 1999. During the course of those investigations, 9 of the 12 tanks were located (Tanks nos. 4–12); however, Tank No. 7 could not be found. The other three tanks (Tanks nos. 1–3) were not part of the request for investigation. Large volumes of petroleum impacted soil were encountered during investigations at the various tank sites. Subsequently, bioremediation by oxygen pellets and thermal treatment were used at different stages to treat the contamination. All active remediation efforts ceased in 1999 with the shutdown of the bioremediation system.

Does

A Removal Design (RmD) investigation was initiated in 2019 in response to the discovered tank remnants and the AS-EPA requests. In addition to removing the remnants of three tanks, sampling was performed to delineate the nature and extent of petroleum contamination in all media (soil, groundwater, and air) within the entire fuel farm area and to assess risks posed by the contamination.

Visual observations and analytical data showed significant amounts of petroleum contamination in the soil at all twelve former tank locations, indicating widespread contamination throughout Aua Village. Remedial treatment (e.g. thermal desorption, oxygenation, bio-remedial, soil washing etc.) is the recommended action based on 1) the close proximity of the village to surface water, creating a potential ecological risk to marine habitats, 2) the high likelihood of future exposure/risk to construction workers and residents as significant subsurface/intrusive work (e.g.

ASPA sewer line project) is planned in the near future, and 3) the likelihood that, even with natural attenuation, the plume will persist for decades, potentially exposing residents of the village and ecological receptors to harmful chronic effects from petroleum contamination. American Samoa contains abundant remote land outside the village boundaries.

1.3 Period of Performance: The period of performance for the base contract shall be one three years (12 36 months) from the date of award. The period of performance for the optional task, if exercised, shall not exceed three years from the date of modification to award the optional task.

1.4 Place of Performance: The work to be performed under this contract will be at the Former AFF, Island of Tutuila, American Samoa.

1.5 Type of Contract: The Government will award a Firm Fixed-Priced Performance-Based contract for the services described herein.

1.6 Recognized Holidays and Hours of operation: The following list of holidays are recognized as Federal holidays and Government offices will not be open. In addition, typical onsite working hours within the areas in and around Aua Village will be from the hours of 0600 to 1730 on Monday through Saturday. Typically the village restricts all vehicular traffic during Sunday and daily by 1800 for prayer and church services. The contractor shall seek approval from USACE personnel to work onsite beyond 1800 and on any recognized federal holidays. One hundred percent (100%) USACE Quality Assurance (QA) oversight at AFF is required.

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

1.7 Quality Control: The Contractor shall develop and maintain an effective Quality Control Program (QCP) to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent and ensure non-recurrence of defective services. The Contractor’s Quality Control Program (QCP) is the means by which work complies with the requirements of the Contract. The Contractor shall provide to the USACE COR a copy of their QCP within 30 days of contract award, and Government comments will be provided within 30 days after receipt of the QCP. A revised comprehensive written QCP shall be submitted to the USACE COR within 5 working days of receipt of comments. After acceptance of the quality control plan, the Contractor shall receive the contracting officer’s (KO’s) acceptance in writing of any proposed change to the QCP.

1.8 Quality Assurance: The Government shall evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standard will be applied, the frequency of surveillance, and the minimum satisfactory performance threshold.

1.9 Special Qualifications: If wells are installed, abandoned or plugged, the driller(s) shall be licensed by any state or territory of the United States of America. If well surveys are needed for newly installed wells, the surveyor shall be licensed by any state of the United States of America. All personnel, including drillers, surveyors, laborers, samplers, etc. working on AFF shall have current Occupational Safety and Health Act (OSHA) certifications as defined throughout 29 CFR 1910.120 for working at hazardous waste sites, including (but not limited to) 40-hour Hazardous Waste Operations and Emergency Response (HAZWOPER) and current 8-hour HAZWOPER refresher.

The field supervisor and/or Site Safety Health Officer (SSHO) lead shall also be certified with 24 8-hour HAZWOPER manager/supervisor training. At a minimum, two field personnel shall be certified in first aid and CPR. No person conducting field work activities shall be allowed to work without proof of completion of the 40 hour HAZWOPER with applicable and current 8-hour refresher training. Copies of all OSHA certification, including the initial 40-hour course, shall be provided to the COR.

1.10 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post-award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer (KO), COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor’s performance. At these meetings the KO will appraise the Contractor of how the Government views the Contractor’s performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government. These meetings may be held by video conference or on the Island of Hawaii. These are not part of the systematic project planning process.

These meetings are performance related.

1.11 Contracting Officer’s Representative (COR): The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: 1) assure that the Contractor performs the technical requirements of the contract, 2) perform inspections necessary in connection with contract performance, 3) maintain written and oral communications with the Contractor concerning technical aspects of the contract, 4) issue written interpretations of technical requirements, including Government drawings, designs, specifications, 5) monitor Contractor’s performance and notify both the KO and Contractor of any deficiencies. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price estimates, or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting contract. The Contractor will be notified in writing of any changes in the Government’s COR. The COR and point-of-contact (POC) for this requirement is identified in section 1.14 Government Key Personnel.

1.12 Contractor Key Personnel: When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce is essential to the successful performance of the contract. The PM and SSHO and respective alternates are considered key personnel by the Government. The Contractor shall provide a local PM (i.e., based in the Pacific Region) with extensive experience working on complex soil and groundwater remediation projects. “Local” is meant to indicate Pacific Region. The PM must be available to travel to project sites if needed.

The PM shall be responsible for the performance of the work. The name and qualifications of this person and an alternate who shall act for the Contractor when the PM is absent shall be designated in writing to the Contracting Officer. The PM (and designated alternate) shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The PM (or designated alternate) shall be on site as needed and shall be available Monday through Friday (except Federal holidays) or when the Government agency is closed for administrative reasons. Key personnel presented in the bid cannot be changed without COR approval.

1.13 Government Key Personnel: The following are key Government personnel associated with this PWS:

Contracting Officer Representative (COR):

Daisy B Pate, P.G.

Honolulu District Corps of Engineers Building 230 Otake Street, Suite 104, Fort Shafter, HI, 96858 Telephone number: (808) 835-4784 E-mail: Daisy.B.Pate@usace.army.mil

Corps of Engineers Project Manager (PM):

Mr. Michael Desilets Honolulu District Corps of Engineers Building 230 Otake Street, Suite 104, Fort Shafter, HI, 96858 Telephone number: (808) 835- E-mail: Daisy.B.Pate@usace.army.mil

Corps of Engineers Project Chemist:

Mr. Steve Mow Japan District Corps of Engineers Telephone number: DSN 315-263-7054 E-mail: Steven.P.Mow.civ@usace.army.mil

Corps of Engineers Archeologist:

Mr. Michael Desilets, Honolulu District Corps of Engineers Building 230 Otake Street, Suite 104, Fort Shafter, HI, 96858 Telephone number: (808) 835-4039 E-mail: Michael.E.Desilets@usace.army.mil

In addition, the Contractor shall coordinate with other individuals from the Government, as specified by the PM, after contract award.

mailto:Daisy.B.Pate@usace.army.mil mailto:Steven.P.Mow.civ@usace.army.mil mailto:Michael.E.Desilets@usace.army.mil

1.14 Contractor Travel: The Contractor shall perform all necessary travel as part of the contract requirements, and the cost thereof shall be included in the contract price.

1.15 Mobilization/Demobilization: The Contractor shall provide costs for mobilizing and demobilizing personnel and equipment in support of field activities and onsite meetings to and from the AFF project site. The Contractor shall provide a mobilization and demobilization cost within each applicable task and shall include the essential breakdown.

1.16 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.17 Data Rights: The Government has unlimited rights to all documents, data, and materials produced under this contract. All documents, data, and materials, to include the source codes of any software, produced under this contract shall be Government-owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.18 Safety - U.S. Army Corps of Engineers’ Safety and Health Requirements Manual, EM 385-1-1 and OSHA Requirements: The Contractor will be required to comply with all pertinent provisions of the latest version of the U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of contract award. EM 385-1-1 and its changes are available at http://publications.usace.army.mil/publications by selecting Engineer Manuals, EM 385-1-1 “Safety and Occupational Health”. The Contractor must also comply with OSHA standards. OSHA standards are subject to change. It is the Contractor's responsibility to maintain familiarity with current OSHA standards.

1.19 Pricing and Payment: The price for each of the tasks described on the Price Schedule shall include all project management costs and profit pertaining to a particular task. The Contractor may invoice for partial performance of a task (including partial performance of any unit-priced task, if applicable) when that task is being performed in compliance with all applicable contract requirements in a manner found acceptable by the Government, and the amount due for any such partial performance (for purposes of FAR § 32.906, Making Payments, and the clause at FAR § 52.232-1, Payments) shall be subject to approval by the COR based on the recommendation of the KO.

The Contractor shall submit draft invoices and monthly status reports by email to the COR for review by the 10th of each month. The final invoice should be mailed by the 20th of each month to the address below.

For purposes of determining whether an invoice has been properly submitted, the COR shall be responsible for determining whether any task has been completed or is being completed in compliance with all applicable contract requirements and what percentage of the task has actually been completed. However, the Contractor shall remain responsible for QC and maintaining an inspection system, as specified in the contract.

Invoices shall include all necessary information, including any and all supporting documentation, and will be based on the work completed for each specific task under this contract. The Contractor shall concurrently mail a hard copy and email a PDF-formatted copy of the invoice, including the monthly progress report for approval by the COR to:

Mail physical copy to:

http://publications.usace.army.mil/publications

Amy Tashiro & Daisy Pate USACE Honolulu District CEPOH-PPE Building 230 Otake Street, Suite 104 Fort Shafter, HI 96858-5440

Email PDF Format to:

Daisy B Pate, COR USACE, Honolulu District Daisy.B.Pate@usace.army.mil

1.20 Cultural Resources: The contractor shall not knowingly disturb any suspected cultural resource, artifact, pottery shard, or other artifact. The contractor shall supply a Secretary of the Interior-qualified archaeological monitor to support all ground disturbing activities, and to author required planning and technical documents (i.e., Archaeological Monitoring Plan, Archaeological Results Technical Report) associated with archaeological monitoring. If cultural resources are suspected or encountered during the project, the contractor shall immediately notify the PM or COR for further instruction.

PART 2

DEFINITIONS & ACRONYMS

2.0 Definitions and Acronyms

2.1 Definitions:

2.1.1 Contractor: A supplier or vendor awarded a contract to provide specific supplies or service to the Government.

The term used in this contract refers to the prime.

2.1.2 Contracting Officer (KO): A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.

2.1.3 Contracting Officer’s Representative (COR): An employee of the U.S. Government appointed by the Contracting Officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4 Defective Service: A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5 Deliverable: Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.6 Key Personnel: Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7 Physical Security: Actions that prevent the loss or damage of Government property.

2.1.8 Quality Assurance (QA): The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9 Quality Assurance Surveillance Plan (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

2.1.10 Quality Control (QC): All necessary measures taken by the Contractor to assure that the quality of a product or service shall meet contract requirements.

2.1.11 Subcontractor: One that enters into a contract with a prime Contractor. The Government does not have privity of contract with the subcontractor.

2.1.12 Work Day: The number of hours per day the Contractor provides services in accordance with the contract.

2.1.13 Work Week: Monday through Friday, unless specified otherwise.

2.2 ACRONYMS:

ACOR Alternate Contracting Officer's Representative

AFARS Army Federal Acquisition Regulation Supplement AFF Aua Fuel Farm AR Army Regulation ASG American Samoa Government BGS Below Ground Surface CFR Code of Federal Regulations COPC Contaminant(s) of Potential Concern COR Contracting Officer Representative COTR Contracting Officer's Technical Representative DA Department of the Army DO Dissolved Oxygen DQSR Data Quality Summary Report DERP Defense Environmental Restoration Program DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DoD Department of Defense DQO Data Quality Objective EDMS Electronic Document Management System ELAP Environmental Laboratory Accreditation Program EM Engineering Manual EPA US Environmental Protection Agency eQAPP electronic Quality Assurance Project Plan ER Engineering Regulation FAR Federal Acquisition Regulation FUDS Formerly Used Defense Sites GFE Government Furnished Equipment GFI Government Furnished Information IAW In Accordance With IDW Investigative Derived Waste KO Contracting Officer OCI Organizational Conflict of Interest ORP Oxygen Reduction Potential POC Point of Contact POH Pacific Ocean Honolulu District PM Project Manager PgM Program Manager POP Period of Performance PMP Project Management Plan PMR Periodic Monitoring Report PRS Performance Requirements Summary PWS Performance Work Statement RmD Removal Design UTM Universal Transverse Mercator QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QAR Quality Assurance Representative QC Quality Control QCP Quality Control Program QSM Department of Defense Quality Systems Manual RSL Regional Screening Level SEDD Staged Electronic Data Deliverable SSHO Site Safety Health Officer SSHP Site-Specific Health and Safety Plan SSL Soil Screening Level SOP Standard Operating Procedures

SHPO State Historic Preservation Office SWL Static Water Level TAL Target Analyte List TCL Target Compound List TCLP Toxicity Characteristic Leaching Procedure TE Technical Exhibit USACE U.S. Army Corps of Engineers UFP-QAPP Uniform Federal Policy for Quality Assurance Project Plans

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3.0 Government Furnished Items and Services:

3.1 Services: The Government will coordinate Right of Entry to private property within the former AFF.

3.2 Facilities: The Army will not provide any facilities for the work required under this contract. The contractor shall provide its own temporary facilities, tap water, drinking water, communications, dumpster, trash removal, and sewage removal. Storage, work space and restroom\latrine amenities are not available at the project site. The contractor is responsible for securing its own equipment and facilities. Contractor is required to identify and procure any laydown/yard/storage space necessary to complete the project. The space within the village is limited.

3.3 Equipment: The Army will not provide any equipment for the work required under this contract.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4.0 Contractor Furnished Items and Responsibilities

4.1 General: The Contractor is responsible for sample labels, containers, coolers, or other storage facilities, required to store handle and ship groundwater samples. This includes the storage of appropriate frozen media for sample packaging on cargo flights from American Samoa to approved laboratory.

4.2 Materials: During the execution of the groundwater investigative fieldwork, the Contractor shall provide containers for storage and disposal of hazardous and non-hazardous waste. Hazardous waste shall be stored, handled, and disposed of in accordance with all federal, state, and local regulations and laws. Any additional materials required to fully execute this PWS that is not specifically noted remain the responsibility of the Contractor.

4.3 Equipment: The Contractor shall provide all necessary equipment to perform contract tasks.

4.4 Government Safety Requirements: The Contractor shall submit a Site-Specific Health and Safety Plan IAW EM 385-1-1. Refer to Task 3 of the PWS (Section 5).

4.5 Contractor Management Reporting (CMR): The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the Contractor shall report ALL Contractor manpower (including subcontractor manpower) required for performance of this contract. The Contractor shall completely fill in all the information in the format using the following web address https://Contractormanpower.army.pentagon.mil. The required information includes: (1) Contracting Office, Contracting Officer’s Technical Representative (COTR) or also known as the Contracting Officer’s Representative

(2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor's name, address, phone number, e-mail address, identity of Contractor employee entering data; (5) Estimated direct labor hours (including sub-Contractors); (6) Estimated direct labor dollars paid this reporting period (including sub-Contractors); (7) Total payments (including sub-Contractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by Contractor (and separate predominant FSC for each sub- Contractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the Contractor with its UIC for the purposes of reporting this information); (11) Locations where Contractor and sub-Contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language; and (13) Number of Contractor and sub-Contractor employees deployed in theater this reporting period (by country). As part of its submission, the Contractor shall provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period shall be the period of performance not to exceed 48 months ending September 30 of each government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a Contractor’s system to the secure website without the need for separate data entries for each required data element at the website. The specific formats for the XML direct transfer may be downloaded from the website.

PART 5

Specific Tasks and Objectives

5.0 Specific Tasks Scope:

The Contractor shall manage the Removal Action-Construction of petroleum contaminated soil by removing and properly disposing of said materials. The areas and quantity of soil to be removed and disposed of will be based on the RmD investigation data provided. Important vegetation, as identified by Aua Village municipal leaders, will be re-located by the Contractor prior to intrusive activities, or replaced by Government approved comparable new items during restoration. Following removal of contaminated sediment, the Contractor shall site will be back-filled any and all disturbed site with clean sediment (may include properly treated site sediment) and restored to its original or better conditions consistent with conditions prior to ground disturbing activities. The Contractor shall also manage groundwater monitoring at the perimeter wells closest to the down-gradient and/or ocean side of the site. Water samples shall be collected to determine if petroleum contamination is migrating off-site and impacting ocean surface water. The contractor shall be responsible for procuring and acquiring an appropriate staging area subject to Government approval for all material, as necessary.

Specific work tasks include:

• Prepare and submission of Work Plans, Safety Plan, QC Plan, 3-week look ahead schedule etc.;

• Obtaining any necessary permits;

• Removal and disposal (or treatment and re-use) of petroleum contaminated soil at an appropriate disposal facility;

• Site Restoration to restore any and all sites to original or better conditions consistent with condition prior to ground disturbing activities;

• Measuring and recording groundwater elevation data;

• Collection and analysis of groundwater samples;

• interpretation of groundwater chemical data;

• Updating the FUDSCHEM chemical database, and other technical requirements for a FUDS CON/HTRW project per Engineer Regulation ER-200-3-1.

In addition, if the Optional Task is funded and exercised, the Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items with non-personal services necessary.

The Contractor shall develop and maintain an activity-based schedule that fully supports the technical approach. The activity-based schedule shall outline activities and milestones defined at the appropriate detail level and logically sequenced to support and manage the completion of the performance objectives in this PWS. No work shall be accomplished beyond what is specified in this PWS unless specifically directed in writing by the KO.

5.0.1 Contractor Methods Under This Performance Work Statement This is a performance based task order. The performance objectives and standards included herein are the basis of the task order requirements. The technical approach and level of effort expended to achieve task order objectives and standards are solely up to the contractor to select and adjust as necessary through the life of the task order.

Government recognizes the contractor’s right to change the technical approach and level of effort from that proposed with the understanding that the contractor shall meet all project objectives, performance requirements, acceptance criteria and gain government Quality Assurance acceptance in order to receive payment.

5.0.2 Quality Monitoring and Measurement: The Contractor will be evaluated periodically during performance of these tasks to ensure compliance with the accepted performance goals developed in the Uniform Federal Policy Quality Assurance Project Plan (UFP QAPP), DoD-EPA Management Principles (2000), the DoD Quality Reporting Requirements (2003), and all other applicable, regulations and guidance. The contractor will follow the approved UFP-QAPP and ensure that required analytical methods and procedures are followed to ensure the quality of the analytical results. Failure to adequately complete any service or submittal to at least a satisfactory level of quality and timeliness may result in a repeat of the work and/or less than satisfactory performance evaluation.

5.0.3 Performance Requirements: Performance requirements are addressed under tasks in this section. The performance metrics are tabulated under Technical Exhibit 1. The Milestone Payment schedule is included as Technical Exhibit 2.

5.0.4 Security Requirements: The contractor and all associated subcontractors shall brief all employees on the local iWATCH, CorpsWatch, or See Something, Say Something program (training standards provided by the requiring activity Anti-terrorism Officer). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after completion of the training.

The Contractor must Pre-screen employment candidates using E-verify Program. The contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

5.1 Task 1: Initial Kick-Off Meeting and Technical Project Planning Process (TPP) The Contractor shall attend a project kick-off meeting on Oahu, or via teleconference and site visit within 21 days of contract award to discuss task requirements and expectations and formulate a proposed project schedule site visit date and project schedule. Additionally, the meeting shall review the specific role and responsibilities of each of the team members during project execution, which shall be incorporated into the project management plan. The contractor shall be responsible for taking minutes of the meeting and distributing the minutes for team member review within two (2) working days after the meeting.

In addition to the project kickoff meeting, the contractor shall implement the four-phase Technical Project Planning Process (TPP) process in accordance with EM 200-1-2 and applicable interim guidance. The Contractor shall achieve the objectives of each TPP phase and facilitate the required meetings in a professional and organized manner.

The Contractor shall utilize the TPP process to obtain consensus on specific Data Quality Objectives (DQOs) that the Contractor intends to achieve. The Contractor shall conduct the three (3) TPP meetings to meet the following goals:

1) First meeting is to define the project requirements,

2) Second meeting is to define the data quality objectives,

3) Third meeting is to verify all data gaps have been filled and finalize the…