W9128F-16-R-0008_AM0002.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)

30-105-04EXCEPTION 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 address bidder inquiries received as a result of the solicitation.

Due date for proposals is hereby extended to 1400hrs CDT on 6 May 2016. The deadline for RFIs is hereby extended to 1400hrs CDT 19 April 2016.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 86

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

16C. DATE SIGNED

BY 15-Apr-2016

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. 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 W9128F-16-R-0008

X 9B. DATED (SEE ITEM 11)

29-Feb-2016

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 X is extended, 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

15-Apr-2016

CODE

U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST

CONTRACTING OFFICE

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

W9128F 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9128F-16-R-0008

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 29-Apr-2016 02:00 PM to 06-May-2016 02:00 PM.

The number of offeror copies required has decreased by 1 from 4 to 3.

SECTION B - SUPPLIES OR SERVICES AND PRICES

The following have been modified:

1. Contract Definition

There will be one Regional Northwestern Division (NWD) Indefinite Delivery/Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC) as a result of this solicitation for a total value of $120M set aside for Small Business (SB). The MATOC will be an IDIQ for Environmental Remediation Services (ERS) and Military Munitions Response Program (MMRP) under NAICS Code 562910, in support of the U.S. Army Corps of Engineers (USACE) Northwestern Division (NWD) and existing NWD customers. Firm fixed price task orders will be written against the IDIQ contracts. Task orders under this contract will also be in support of new NWD customers within the geographic boundaries of NWD.

The Strategy under the MEGA is to award up to ten (10) contracts per MATOC; however, if the Contracting Officer determines during the source selection process that fewer than that number of contracts should be awarded, the Contracting Officer has the discretion of adjusting that number, or awarding none at all. In any case, the Government may not award any contract if the resulting contract would not represent a "best value" to the Government using trade-off selection procedures as required by the federal acquisition regulations and guidance.

Please ensure this NAICS code 562910 is incorporated in your current SAM registration at www.sam.gov.

Failure to have this NAICS code current in SAM may result in not being considered for the award.

2. Eligibility

The contract is a total Small Business set-aside. See FAR 52.219-6, Notice of Total Small Business Set- Aside.

3. Total Amount of Contract

The total amount of the MATOC capacity among all contractors awarded contracts under this solicitation shall not exceed $120M. There is no limit of the number of task orders that may be executed against this contract.

4. Guaranteed Contract Amount

Each contract awarded under this solicitation shall have a guaranteed base period minimum amount of $2,500.00. The guaranteed minimum will be met with the obligation of a task order meeting or exceeding the guaranteed amount, or will be funded on the basic contract.

5. Performance Period

Contracts will have a basic performance period of three (3) years plus a two (2) year option period or until the contract limit is reached, whichever comes first. Total length of the contract, including the option period, will not exceed five (5) years from date of contract award.

6. Pricing

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

BINDING LABOR RATE SCHEDULE

Labor Discipline Base Period (Year 1)

Base Period (Year 2)

Base Period (Year 3)

Option Period (Year 4)

Option Period (Year 5)

6-Month Option to Extend Period

Program Manager (Unburdened)

Program Manager (Burdened)

Project Manager (Unburdened)

Project Manager (Burdened)

Contractor Quality Control Supervisor (CQCS) (Unburdened)

CQCS (Burdened)

Safety & Health Manager

Safety & Health Manager (Burdened)

Site Safety & Health Officer (SSHO (Unburdened)

SSHO (Burdened)

Senior Contracts Manager

Base Period (Year 1)

Base Period (Year 2)

Base Period (Year 3)

Option Period (Year 4)

Option Period (Year 5)

6-Month Option to Extend Period

Senior Contracts Manager

Geologist (Unburdened)

Geologist (Burdened)

Field / Junior Geologist

Field / Junior Geologist

Hydrogeologist (Unburdened)

Hydrogeologist (Burdened)

Geotechnical Engineer

Geotechnical Engineer

Geophysicist (Unburdened)

Geophysicist (Burdened)

[AM0002] Program Chemist

[AM0002] Program Chemist

Chemist (Unburdened)

Base Period (Year 1)

Base Period (Year 2)

Base Period (Year 3)

Option Period (Year 4)

Option Period (Year 5)

6-Month Option to Extend Period

Chemist (Burdened)

Risk Assessor / Toxicologist

Risk Assessor / Toxicologist

Civil Engineer (Unburdened)

Civil Engineer (Burdened)

Environmental Engineer

Environmental Engineer

Process Engineer (Unburdened)

Process Engineer (Burdened)

Engineer – Junior (Engineer in Training) (Unburdened)

Engineer – Junior (Engineer in Training) (Burdened)

Engineering Technician

Engineering Technician

Biologist (Unburdened)

Base Period (Year 1)

Base Period (Year 2)

Base Period (Year 3)

Option Period (Year 4)

Option Period (Year 5)

6-Month Option to Extend Period

Biologist (Burdened)

Regulatory Specialist

Regulatory Specialist (Burdened)

GIS Specialist (Unburdened)

GIS Specialist (Burdened)

Estimator (Unburdened)

Estimator (Burdened)

Site Superintendent / On-Site Supervisor (Unburdened)

Site Superintendent / On-Site Supervisor (Burdened)

Field Technician (Unburdened)

Field Technician (Unburdened)

Hazardous Waste / Transportation Specialist

Hazardous Waste / Transportation Specialist

CADD Operator (Unburdened)

Base Period (Year 1)

Base Period (Year 2)

Base Period (Year 3)

Option Period (Year 4)

Option Period (Year 5)

6-Month Option to Extend Period

CADD Operator (Burdened)

Word Processor (Unburdened)

Word Processor (Burdened)

Clerical (Unburdened)

Clerical (Burdened)

Data Processor (Unburdened)

Data Processor (Burdened)

Data Base Administrator

Data Base Administrator

Community Relation Specialist

Community Relation Specialist

Procurement Specialist

Procurement Specialist

Specification Writer

Base Period (Year 1)

Base Period (Year 2)

Base Period (Year 3)

Option Period (Year 4)

Option Period (Year 5)

6-Month Option to Extend Period

Specification Writer (Burdened)

MMRP

(Disciplines restricted to task order requests with MMRP capabilities)

UXO Senior Supervisor

UXO Senior Supervisor

UXO QC Supervisor

UXO QC Supervisor (Burdened)

UXO Safety Officer

UXO Safety Officer (Burdened)

UXO Sweeper (Unburdened)

UXO Sweeper (Burdened)

UXO Technician I (Unburdened)

UXO Technician I (Burdened)

UXO Technician II

UXO Technician II (Burdened)

Base Period (Year 1)

Base Period (Year 2)

Base Period (Year 3)

Option Period (Year 4)

Option Period (Year 5)

6-Month Option to Extend Period

UXO Technician III

UXO Technician III (Burdened)

6.1.1. The hourly burdened labor rates proposed in Binding Labor Rate Schedule are binding upon contract award for the life of the MATOC.

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

6.1.3. The binding hourly rates represent the maximum labor rates that the contractor shall use when responding to a Request for Task Order Proposal (RTOP) issued by the Government. These binding rates shall also apply to all 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.

6.1.4. Adherence to these rates will be reviewed through submittal of supporting documentation by the contractor with each task order proposal. 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.

6.1.5. 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.

6.1.6. 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 qualifications as the previous personnel. The Contractor shall be responsible for negotiating the labor rates for those personnel that have been provided in Binding Labor Rate Schedule. The rates provided in Binding Labor Rate Schedule are the maximum that will be paid by the Government for any replacement personnel.

6.1.7. 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 “current 12-month” binding labor rate schedule. For example, if the rate schedule changes over on 1 November of each year, and a Task Order is issue on 1 September 2018 for 12 months work, the maximum rates will be the rates that were effective on 1 November 2017. Under the same assumptions, if a modification to the Task Order is required in December 2018, the labor rates effective on 1 November 2018 will apply.

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

BINDING CAP RATES

Base Period Year 1 Base Period Year 2 Base Period Year 3 Option Period 1 Year 4

Option Period 1 Year 5

Home Office Overhead Rate % % % % %

G&A Rate Other

% % % % % (identify):

Other

% % % % % (identify):

6.2.1. The Binding Cap Rates represent 1) a breakout of the caps/markups incorporated into the Binding Labor Rate Schedule; 2) caps/markups on materials/services; and 3) caps/markups to be applied to future task order modifications.

6.2.2. 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 for these when responding to the task order request or modification requests.

6.2.3. Adherence to these rates will be reviewed through submittal of supporting documentation by the Contractor with each task order proposal. Failure to propose the binding rates or a lower rates may result in the Contractor’s task order proposal being rejected for award consideration.

6.2.4. 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 “current 12-month” Binding Cap Rate schedule. For example, if the rate schedule changes over on 1 November of each year, and a Task Order is issued on 1 September 2018 for 12 months work, the maximum rates will be the rates that were effective on 1 November 2017. Under the same assumptions, if a modification to the Task Order is required in December 2018, the Binding Cap Rates effective on 1 November 2018 will apply.

6.3 Binding Profit Rate. The binding profit rate for use on this contract is provided in the following schedule.

Table 3: Binding Profit Rate

6.3.1. The maximum profit rate shall be binding and shall be the maximum profit rate the Contractor will be allowed to propose for all firm-fixed-price task orders issued under this contract.

6.3.2. The Contractor may propose a lower profit rate when responding to the task order request (or subsequent modifications) based on the tasks identified in the request. Profit will be negotiated on an individual Task Order and modification basis, but shall never exceed the rates identified in Table 3.

6.4 General.

6.4.1 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 6.1, the binding cap rates listed in Paragraph 6.2, the binding profit rate cap listed in Paragraph 6.3 and any proposed travel (which has been accepted by the Government) per Paragraph 8.

6.4.2 Applicable Department of Labor Wage Rates (FAR 52.222-41) and Statement of Equivalent Rates for Federal Hires (FAR 52.222-42) will be included at the individual task orders level when the site and location for the work is known.

6.4.3 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.

6.4.4 The Government will analyze task order proposals to determine whether they are unbalanced with respect to prices or separately priced line items. Task order proposals that are determined to be materially unbalanced may be rejected. An offer is mathematically unbalanced if it is based on prices, which are significantly less than the cost for some contract line items and significantly overstated in relation to cost for others. In addition, a proposal is materially unbalanced if it is mathematically unbalanced and there is a reasonable doubt that the offer would result in the lowest overall cost to the government, even though it is the lowest evaluated offer.

7. Department of Labor Wage Rates

For the purposes of the sample project, Department of Labor Wage Determination 2015-5417, Rev 2, dated December 29, 2015 and Statement of Equivalent Rates for Federal Hires for 2016 are attached in Section J of this solicitation. For individual task orders written against the contract, the appropriate Department of Labor Wage Determination and Statement of Equivalent Rates for Federal Hires will be provided.

8. Travel

Per Diem (lodging and MI & E expenses) shall be paid at the 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 current Government mileage rate in accordance with the FTR.

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

STATEMENT OF WORK

Section C - Descriptions and Specifications

1. Scope.

1.1. Scope. This Environmental Remediation Services (ERS) contract will support work for the U.S. Army

Corps of Engineers, Northwestern Division (NWD) and existing NWD customers including but not limited to, Department of Defense Environmental Restoration Program (DERP); Formerly Used Defense Sites (FUDS);

Military Munitions Response Program (MMRP) for various Department of Defense (DoD) customers; DoD

Environmental Compliance Program, Environmental Support for Others (ESFO) Program; support to the Environmental Protection Agency (EPA) including Superfund and Brownfield Programs; Formerly Utilized Sites Remedial Action Program (FUSRAP); environmental cleanup for various military and Interagency and International Support (IIS) customers; environmental stewardship, and other environmental related regulatory programs.

1.2. Task orders under this contract will also be in support of new NWD customers within the geographic boundaries of NWD. Task orders will be issued as firm-fixed price (FFP) based on the requirements of the Statement of Objectives (SOO) or Performance Work Statement (PWS) at various known or suspected Hazardous, Toxic, and Radioactive Waste (HTRW) sites and Munitions and Explosives of Concern (MEC) sites. Services may include, but are not limited to, the control of environmental contamination from pollutants, toxic substances, radioactive materials, and hazardous materials.

1.3. The majority of the task orders that will be issued under this ERS contract will be to provide services related to requirements of the Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), MMRP, the Clean Water Act, the Clean Air Act, and other related Federal Programs in addition to State/Local specific regulations/requirements dealing with hazardous waste management/disposal, radioactive waste/mixed waste management/disposal, and with Underground Storage Tanks (USTs), and other fuels related issues. Remedial actions may address both regulated and non-regulated toxic substances. Incidental construction will also be included in the ERS contracts; however, construction activities must be incidental to the ERS work.

Services that may be required in an ERS task order include, but are not limited to: preparation of work plans;

studies with associated reports; multiple phases of field investigations; preliminary assessments (PA); site inspections (SI) and remedial site inspections; remedial investigations (RI); feasibility studies (FS); Engineering Evaluation Cost Analysis (EECA); Action Memorandum (AM); Proposed Plan (PP); Decision Document (DD);

Record of Decision (ROD), monitoring well installation and sampling; short and long term monitoring/long term operations (LTM/LTO) or Long Term Response Action (LTRA); data management; data interpretation; engineering evaluation and corrective actions; optimization studies; ground-water modeling; geophysical surveys; remediation cost estimates; management of non-hazardous and hazardous investigative derived waste (IDW); environmental and human health risk assessments; risk based remediation; air emission issues including vapor intrusion; surface water discharge, applying for environmental permits, remedial design; well abandonment; meetings; public meeting participation; preparation of presentation material both written and visual; hydrological, sediment and soil studies;

project reports; engineering support and/or design; value engineering studies; operations and maintenance (O&M) for HTRW sites; energy evaluations for remediation systems; remedial action plans; remedial actions; removal action plans; removal actions; construction support; range clearance activities; site closeout/decision documents;

abandoned mines program support; other military munitions activities; and, future project programming and scheduling support.

1.4. Remedial action activities could include, but are not limited to the following: air sparging; soil vapor extraction; bioremediation including explosive media; asbestos and lead-based paint remediation; radon abatement;

landfill capping and collection systems; building remediation and demolition; sediment remediation; air discharge systems; ground-water extraction and injection systems; air stripping; carbon absorption; ground-water treatment systems; incineration of soils; low-temperature thermal desorption; mixed water disposal; solidification of contaminated matter; soil washing; detection, recovery, and disposal of MEC or any in-situ or on-site treatment methods. Remedial actions may address both regulated and non-regulated toxic substances. Incidental construction will also be included in the ERS contracts however, construction activities must be incidental to the ERS work.

1.5. The scope for MMRP and other military munitions related activities requires the contractor to have experience with the regulatory process (CERCLA/RCRA) and phases (e.g. PA/SI, EECA, RI/FS, AM, PP, ROD, Non-Time Critical Removal Action (NTCRA), and Time Critical Removal Action (TCRA), Remedial Design and Remedial Actions, etc.) normally utilized to perform military munitions response actions. Activities required include, but are not limited to, the following actions: historical records review (HRR); visual surveys; geophysical mapping and associated activities; military munitions removal/remedial actions and associated activities; Explosive Safety Submission (ESS)/Explosive Siting Plans (ESP) preparation; explosives management (siting, use, etc.);

munitions debris handling and disposal; anomaly avoidance; construction support; munitions constituent sampling;

small arms/skeet range investigation and removal/remedial actions; x-ray fluorescence; community relations support; reporting; and Geographical Information System (GIS) support for project activities. Contracts that will require military munitions design efforts will only be executed by USACE Districts which have been authorized to perform military munitions response actions per Operation Order (OPORD) 2006-43, Military Munitions Support Services (M2S2), September 2006 and ER1110-1-8153 Military Munitions Support Services, 30 June 2010.

1.6. Project specific task orders will be issued under the basic contract and any exercised option period thereto.

The USACE Contracting Officer or Contracting Officer’s Representative will provide the Contractor with any site-specific information in the USACE possession upon issuance of each task order. Information provided by USACE on any site will be dependent on the current status of the site.

1.7. Performance-Based Task Orders. Performance-based service contracts (PBC): (1) describe the requirements in terms of results required rather than methods of performing the work; (2) use measurable performance standards (e.g., terms of quality, timeliness, quantity); and (3) include performance incentives/disincentives where appropriate. Performance-based contract methods are intended to ensure that required performance quality levels are achieved and that the Government’s total payment is commensurate with the quantity and quality of services received. Performance-based task orders, with a tailored task order specific Quality Assurance Surveillance Plan (QASP) will be issued IAW FAR 37.102 against the awarded contracts unless the required approval is received in accordance with AFARS 5137.170-2. This contract will use performance work statements or statement of objectives in the resulting task orders.

FAR 2.101 defines Performance Work Statements (PWS) as “a statement of work for performance-based acquisitions that describes the required results in clear, specific and objective terms with measurable outcomes” and Statements of Objectives (SOO) as a “Government-prepared document incorporated into the solicitation that states the overall performance objectives. It is used in solicitations when the Government intends to provide the maximum flexibility to each offeror to propose an innovative approach.” PBCs tend to require more engineering support than traditional prescriptive contracts. This is because PBCs specify what the final goal of a project is, but not how it is to be accomplished. Basically, the PWS and SOO describe the end result the contractor is required to achieve on a specific project but do not tell them how to complete it, thus allowing for maximum flexibility for offerors to propose innovative approaches. PWSs emphasize performance that can be contractually defined so that the results of the contractor's effort can be measured in terms of technical and quality achievement, schedule progress, or cost performance. Under a PWS, milestone payments occur only when the results meet or exceed the stated objectives.

Simply meeting the Milestone/ Objective, (i.e., submittal of a document for review) is not the same as completion of the Milestone/Objective, (i.e., approval and acceptance of the document by the regulators). Only upon the completion, approval, and acceptance will the Government pay for that Milestone/Objective. For a performance-based task order, the contractor will be required to use its expertise and develop the methods to achieve the required end result. The requirement for QASPs for service contracts is set forth in FAR Subpart 37.6 and FAR 46.103.

A PWS for a Task Order will to every extent possible:

Define desired results/outcomes.

Define what level of performance is expected (and ensure it is meaningful and fair) and use performance standards and QASP.

Provide all information known about the site(s) or where it can be located and accessed by the

Contractor.

Define incentives and disincentives.

Define the measurement terms using clear and concise language avoiding vague or broad statements.

1.8. The description of work stated herein provides a general understanding of the Contractor functions to be performed; individual task orders will contain the specific performance based requirements. Technical requirements described herein in no way limit the activities that may be required under the terms of this contract.

1.9. The Contractor shall be responsible for acquiring the latest version of applicable regulatory or agency guidance, including but not limited to, the referenced documents cited in this Section C of this Solicitation and/or subsequent task orders issued after award of the Contract, unless otherwise specified.

2. General.

2.1. The Contractor, operating as an independent Contractor and not as an agent of the Government, shall provide all labor, materials, facilities, and equipment to perform all work identified in each individual task order.

The Contractor may be required to perform work under multiple task orders at different sites simultaneously. The Contractor shall be cognizant of all appropriate laws, regulations, and guidance. The Contractor shall ensure that all work activities performed by his personnel, subcontractors and suppliers are executed as required by these laws and regulations. Any incident of noncompliance noted by the Contractor shall immediately be brought to the attention of the Contracting Officer (CO) and/or the Contracting Officer's Representative (COR) by written notice. Nothing in this contract shall relieve the Contractor of the responsibility to comply with these laws and regulations. Any conflicts between laws/regulations and contract/task order requirements shall be brought to the attention of the CO and/or COR.

2.2. Permits. The Contractor shall obtain permits and licenses necessary to conduct the work required by this

Contract including, but not necessarily limited to, environmental permits, building permits, discharge, Nuclear Regulatory Commission (NRC) or state license for radiation activities, and Department of Transportation (DOT) permits for transport of MEC and HTRW on public highways. The contractor shall comply with all applicable Federal, State, and local laws and regulations, including TB 700-2, when transporting MEC. Rights of entry on and off Government property may be required. The Government will reimburse the Contractor for all appropriate costs related to permits and licenses.

2.3. Data Ownership and Data Rights. All reports and data whatsoever, including all electronic data and software, generated under this contract will be determined by negotiation IAW the DFARS. When submitting proposals, offerors shall identify IAW DFARS 252.227-7017 to the extent known, all technical data or software that will be delivered with restrictions on its use, release, or disclosure.

3. Contract Performance Requirements.

3.1. Work Plans. For each task order the Contractor is required to submit an HTRW Work Plan (WP) as appropriate. The WP basically describes the Contractor’s activities as outlined in the task order. The WP shall contain (when relevant) but not be limited to, the following:

Description of available data and contaminant characterization

Statement of the work to be accomplished including a statement of Data Quality Objective(s)

Discussion on implementation of the project including the method of operation, type of equipment, personnel required, and other special considerations

A schedule that presents the requirements to complete any required field work and key project milestones

Permits, licenses, certificates, identification number, labeling and marking of containers, location of the disposal facility (investigative derived waste (IDW) decision tree), CERCLA status of disposal facility, and other requirements for radioactive waste (see EM1110-35-1, Chapter 8), if necessary

Coordination with USACE for characterization and disposal of DOD-owned radioactive materials or waste in accordance with EM 1110-35-1, Chapter 8

Key personnel to be used on the project along with their roles and responsibilities

Site-specific assumptions and clarifications

Site control measures

Logs, reports, and record keeping to be utilized

An Explosive Sitting Plan if required

3.2. Investigation and Field Studies (Both on-site and off-site work). The Contractor shall perform all planning, fieldwork, analysis and preparation of any reports as specified in the task order (s). The investigative services to be provided generally consist of, but are not limited to, performing investigations to determine the contaminant(s) and/or MEC source(s), geology, and ground-water conditions, contaminant concentration, contaminant migration, and geotechnical characteristics as well as any other related tasks. The data collection requirements shall be established in the task orders and be usable for preparation of a remedial design and/or implementation of the response action(s) and MEC investigation, evaluation, and response including final disposal.

Investigation may or may not be performed in conjunction with the response action, depending on the final task order. Work may include risk assessments, fate and transport, ground-water modeling, or other techniques to determine the potential risks to human health and the environment. The Contractor shall prepare associated reports as described in each individual task order. The Contractor shall have the capability and experience to provide a wide range of investigative and response services required for remediation/responses at HTRW sites, including, but not limited to:

Site characterization and evaluation

Identification of action levels for regulated hazardous wastes or substances resulting from review of Federal, state and local laws, regulation, guidance, or developed through risk assessments. This shall also include coordination with appropriate regulatory agencies

Public Health Evaluations and National Environmental Policy Act (NEPA) documentation as required for proposed site remediation techniques and alternatives

Survey and Mapping, GIS, remote sensing

Boring for soil sampling, testing (field and/or laboratory) or other chemical or geotechnical analysis (either on- or off-site)

Drilling, installation and development of ground-water monitoring wells, production wells, extraction and injection wells, piezometers or other instrumentation

Conducting surface or down hole geophysical surveys

Conducting hydro geological field testing and performing analyses and data interpretation

Sampling and sample handling techniques for chemical and geotechnical characteristics including data management and data interpretation

Short and Long Term Monitoring

Evaluation of available response actions, and recommendations of the most environmentally sound and cost-effective alternatives

Multi-Agency Radiation Site Survey and Investigation Manual (MARSSIM) for radioactive materials sites

Preparing and submitting plans (e.g. closure plans, waste analysis plans, Spill Prevention, Control and Countermeasure (SPCC) plans, Underground Storage Tank (UST) Site Assessment plans, Contingency Plans, etc.)

Expert Testimony

Participation in community education, public involvement, or public affairs activities

Chemical analysis (both on- and off-site) of all media for a wide variety of organic and inorganic parameters including, but not limited to:

Non-hazardous, hazardous, mixed and radioactive wastes

Other chemical, physical, and composite testing

Characterization and screening for waste-bulking compatibility

Transportation and disposal of hazardous substances and radioactive materials

Conventional water and waste water quality parameters

Reviewing work products for technical adequacy

Potentially Responsible Party (PRP) Activities

Recordkeeping

Training and documentation required by Federal, state, and local laws and regulations

3.3. Analytical Testing. The Government requires the contractor to be compliant with the Uniform Federal Policy Quality Assurance Project Plan (UFP QAPP) format for all work plans prepared under this contract. The Government requires the contractor to use the most recent version of the Department of Defense Quality Systems Manual for Environmental Laboratories (DOD QSM) for all definitive environmental data. The DoD QSM is available at www.denix.osd.mil under announcements. The laboratory to be used shall be accredited by the DoD Environmental Laboratory Accreditation Program (ELAP) or by project-specific audit. All proposals shall identify the prime laboratory and secondary laboratory(ies) to be used for this type of contract work. The recommendation for acceptability of the laboratory will be at the discretion of the USACE Project Chemist. If the laboratory fails to meet the project specific requirements at any time, the USACE Project Chemist may request use of the laboratory be discontinued and analytical services be procured from a laboratory which can meet the project specific requirements.

Data shall be provided as Staged Electronic Data Deliverables (SEDD) minimum stage 2A. The proposed laboratories shall follow, at a minimum, DoD QSM Version 4.2 project library; along with the ADR.NET software for data verification of batch QC parameters. Sponsorship for ADR.NET software tools is available to Contractors.

The Contractor must perform manual verification/validation of any analytical steps that are not automated within ADR.NET. This includes, but is not limited to data verification and validation of each method’s specific initial calibration, calibration verification and instrument performance parameters as specified in the EPA methodology and DoD QSM. To complete the data assessment, data verification results that show exceedances, will require further evaluation through data validation procedures. Data will be validated according to decision logic and data qualifiers outlined in the most recent version of the EPA National Functional Guidelines or other project-specific guidance. Support for specific programs may also mandate the submission of chemical and/or sampling data in electronic formats for archival / retrieval within an agency-specific database systems. For instance, Air Force Projects will require an ERPIMS database format submission, US Army requires ERIS database format submission, and FUDS requires a SEDD data submission. ERPMIS is the Air Force system for validation and management of data from environmental projects at all Air Force bases. This data contains analytical chemistry samples, tests, and results as well as hydrogeological information, site/location descriptions, and monitoring well characteristics. Task orders for Air Force bases will require data to be generated for entry into the ERPIMS data base.

3.4. Engineering Support and Remedial Design. The Contractor may be required to provide a wide variety of engineering services to support remediation/response actions. The extent of the engineering services will be described in detail in each individual task order and may include but are not limited to structural, mechanical, electrical, architectural, geotechnical, geological, civil, environmental, cost engineering, constructability reviews, and other engineering support including MEC. The Contractor shall perform all necessary planning, fieldwork, and prepare all engineering documents identified in the task order. Engineering documents shall be representative of industry or Government standards for drawings and specifications or by performance specifications. The engineering work effort will be incidental in relationship to the overall project requirements. All Engineering documents produced by the Contractor shall be stamped by a licensed Professional Engineer and shall be submitted to the USACE Project Manager for approval. Engineering documents may include, but not be limited to:

Design Analysis, containing the criteria, design assumptions calculations and other pertinent data

Performance specifications or completely edited Government furnished guide specifications

Computer Aided Design (CAD) generated drawings must be compatible with USACE software. The National CAD Standards can be found at the National Institute of Building Sciences website:

http://www.buildingsmartalliance.org/index.php/ncs. These Standards will be used by the Construction Contractor at time of as-built preparation.

The Contractor schedules shall be compatible with Primavera or with Microsoft Project Manager.

Cost estimating software should utilize an industry approved software package capable of providing sufficient information to adequately and accurately capture the projected project costs.

Construction Phase Services to include checking shop drawings, materials, fixtures, equipment, samples, plant materials in accordance with the specifications and drawings.

Record drawings, modifications or as-built drawings

Constructability reviews

Other engineering and technical support may include technical expertise or expert testimony during regulations negotiations

Securing permits as requested

Liaison and interface with regulatory agencies

Resolution of problems during response actions

3.5. Response Actions, Removals, and Operations and Maintenance. Response actions may or may not be performed in conjunction with investigation and engineering support depending on the individual task order. The requirements related to response actions will be described in detail in individual task orders. The successful Contractor shall perform all necessary planning, fieldwork, and implementation of the response actions requirements identified. The Contractor selected for this work shall have the capability and experience to perform a wide range of investigations, response actions, and removals for HTRW and MEC sites including, but not limited to:

On-Site source control and containment using a variety of technologies

On-Site treatment using a variety of technologies

Preparation of Manifest for Customer Signature

Transportation to and/or storage, treatment, and/or disposal of waste in an off-site facility

Survey, removal, transportation and disposal of asbestos-containing materials

Locating, identifying, recovery, management, transportation and disposal of ordnance and explosives

Installation of all support facilities

Preparation of all applicable Operation and Maintenance (O&M) Manuals and associated training of facility personnel for equipment installed

Short and Long Term Operation and Maintenance of facilities constructed under this Contract for the period specified (inclusive of facilities constructed through other contracts or under other task orders issued under this contract)

Problem solving during response with unexpected conditions or execution problems at the site

3.6. Planning Documentation Deliverables (Sampling and Analysis Plan (SAP), Field Sampling Plan (FSP) and QAPP or similar planning documentation). The Quality Assurance Project Plan (QAPP) is required to be included in the RCRA Facility Investigation (RFI) Work Plan for RCRA investigations. The SAP is mandated by the CERCLA, 40 CFR Part 300 Subpart E-Hazardous Substance Response. The CERCLA required SAP has two major subsections, the field-sampling plan (FSP), which deals with field activities, and the QAPP, which covers the generation of analytical data. In addition, the UFP-QAPP (EPA-505-B-900A, current version) template has recently been adopted for use by several governmental agencies within the Intergovernmental Data Quality Task Force (IDQTF). Also refer to USACE EM 200-1-3, Requirements for the Preparation of SAP for detailed requirements of the selected project planning documents. Regardless of the planning documents title, in order to obtain data of sufficient quality to satisfy data quality objectives for legally defensible data, the EPA, and/or state regulators require the preparation of appropriate planning documents for all environmental measurements that will be used for environmental regulatory compliance. The Contractor is responsible for preparing the appropriate planning document (referred herein as FSP/QAPP) that complies with the EPA or other lead regulatory agency regulations, USACE guidance, the Department of Defense Quality Systems Manual (DOD QSM) and EPA QA/R-5. All procedures and activities required for the acquisition of data shall be presented in the FSP/QAPP for approval by the USACE technical team, state and EPA authorities, as necessary, prior to the initiation of any fieldwork. In limited circumstances, USACE may grant conditional approval to the FSP/QAPP to permit some work to begin while non-critical deficiencies are being resolved. But for this exception, it is the responsibility of the Contractor performing the work to assure that no environmental data are acquired before the document is approved and received by project personnel.

The FSP/QAPP describes how environmental data collection operations are planned, carried out, and assessed.

Accordingly, the purpose of the FSP/QAPP is to document in detail all aspects of the project’s field and laboratory activities, including quality assurance (QA) and quality control (QC) activities executed to evaluate them. The FSP/QAPP should provide information in sufficient detail regarding sample design, sample types, sample locations, interpretation scenarios, any field contingencies, sampling methodologies, and other sample handling techniques to collect data that meets the project objectives. Specifics on detection and reporting limits of analytics used to support decisions, analytical methods, sample collection methods, field decision logic, data handling, and application to the Conceptual Site Model (CSM), QC practices, data submittals, and CSM updating activities must also be addressed.

Data management strategies must be established within the FSP/QAPP, and appropriately handled during fieldwork to ensure that all data generated is made available to any stakeholders, decision-makers and personnel involved in the work or near real-time decision-making. The FSP/QPP also describes the organization and QA objectives for field sampling and laboratory efforts, and any evaluation and interpretation of the data before its use. The FSP/QAPP serves as a mechanism to formalize the results of planning activities, and allows review and approval of all activities conducted as outlined within those planning documents amongst all project stakeholders.

The final decision to modify or revise the FSP/QAPP shall be initiated by USACE with input from any of the project stakeholders. If it is determined that conditions exist such that the technical or data quality objectives of the project cannot be obtained with the original FSP/QAPP, a decision will be made to update the FSP/QAPP. The originator (or designee) shall modify the document and then shall submit the revised version to the same approval authorities that approved the original FSP/QAPP. As with the original FSP/QAPP implementation and approval process, no revisions shall be implemented until project personnel have received the approved FSP/QAPP revisions.

As part of either the UFP QAPP or FSP/SAP, a Material Handling Plan (MHP) or Investigation Derived Waste

(IDW) Plan shall be submitted. This plan consists of procedures outlining the safe handling of contaminated material, drummed material, and contaminated liquids in addition to procedures for off-site transportation and disposal of materials. Manifesting, DOT shipping papers, and chain-of-custody procedures should also be included.

The plan may also cover importation of clean fill materials for large, grading projects. If the project involves radioactive waste, Low-level radioactive waste, or mixed (co-mingled) waste, the contractor shall follow the requirements in EM 1110-35-1, as well as all federal, state, and local regulations.

3.7. Compliance with Federal, State and USACE Regulations. USACE has a varied customer base with unique environmental approaches and requirements. Most USACE environmental work falls under EPA environmental regulations covered by CERCLA or RCRA, or other state-level program. As such, each project’s lead regulatory agency must be identified, and any unique requirements accommodated. In general, all programs mandate the preparation of planning documents to assure the fieldwork and chemical data quality are supportive of the intended use of the data and final decisions being made.

3.8. Reviews. All deliverables will be reviewed by various levels of USACE, customers, local, State and Federal regulatory agencies, and other project stakeholders, as appropriate. The Contractor will respond to all comments on deliverables.

4. Key Personnel.

The Contractor selected for this Contract shall have the experienced personnel to perform, or provide, a wide range of services required for Environmental Services and any responses to releases at HTRW sites. The Contractor or Contractor and Subcontractor Team jointly must have HTRW qualifications. The offeror must identify the key personnel to be assigned to the Contract by name, position, and firm (if other than prime contractor, show address (city/state) where the firm is located) in the organization chart. Resumes shall be presented with appropriate dates and responses to required qualifications as noted in the position description. The resumes will be evaluated to determine whether the individuals meet the desired qualifications and experience necessary to perform their roles and responsibilities under this Contract.

Exclusive of the project management functions (Program Manager, Senior Contracts Manager, Project Manager, and Contractor Quality Control Supervisor), Program Chemist, Geologist, Senior UXO Supervisor, UXO Safety Officer, and UXO Quality Control Supervisor, the Contractor may utilize subcontractors, or consultants identified in the accepted proposal or subsequently approved by the USACE Contracting Officer to perform any of the functions required within the specific task order. Additional Project Managers can be from teaming relationships.

NOTE: The Contracting Officer shall approve all Replacement Key Personnel. Resumes of these individuals shall be required as part of task order proposals or whenever a change in personnel is to occur, in order to verify the replacement meets the qualifications of the solicitation. Other disciplines not listed may be required to perform specific task orders. These disciplines will be required to have comparable qualifications in their field of expertise and the resumes of these individuals may be required as part of task order proposals.

4.1. Program Manager. The Contractor shall designate one (1) individual as the Program Manager that serves as a single point of contact for coordination of program issues with USACE. The Program Manager shall be responsible for the overall management of the contract including cost, schedule and technical quality. The Program Manager should be competent, experienced and knowledgeable in the full range of HTRW activities from investigations, to studies, designs, remediation, short-term operations and maintenance, and with the specific activities identified in this contract.