W9128F-17-R-0013_Change1_20170413.pdf
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CODE
(Hour)
PAGE(S)
until 02:00 PM local time 12 May 2017
X
A X B X C
D
EX
X G F 155 - 173
174 - 195 X H 196 - 206 jessica.r.jackson@usace.army.mil
RATING PAGE OF PAGES
7. ISSUED BY
(Date)
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)
Prescribed by GSA FAR (48 CFR) 53.214(c)
1 206
(If other than Item 7)
15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO
AND
ADDRESS
SIGN OFFER (Type or print)
OF
OFFEROR
AMENDMENT NO. DATE
15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS
IS DIFFERENT FROM ABOVE - ENTER
SUCH ADDRESS IN SCHEDULE.
18. OFFER DATE
1. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700)
2. CONTRACT NO.
W9128F 8. ADDRESS OFFER TO
See Item 7
9. Sealed offers in original and 0 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in
CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and
1616 Capitol Ave, Omaha, NE conditions contained in this solicitation.
10. FOR INFORMATION
CALL:
A. NAME (NO COLLECT CALLS)
JESSICA R JACKSON 402-995-2052
11. TABLE OF CONTENTS
SOLICITATION/ CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/ COSTS
2 - 11
X I CONTRACT CLAUSES
DESCRIPTION/ SPECS./ WORK STATEMENT X
PACKAGING AND MARKING
12 - 67 J LIST OF ATTACHMENTS
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE
X K
REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
CONTRACT ADMINISTRATION DATA 70 - 71 X
SPECIAL CONTRACT REQUIREMENTS
OFFER (Must be fully completed by offeror) 72 - 73 X M
L INSTRS., CONDS., AND NOTICES TO OFFERORS
EVALUATION FACTORS FOR AWARD
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAYMENT
(See Section I, Clause No. 52.232-8)
14. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments
AMENDMENT NO. DATE
to the SOLICITATION for offerors and related documents numbered and dated):
FACILITY
12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period
SOLICITATION, OFFER AND AWARD
X
(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)
PART I - THE SCHEDULE
26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE
EMAIL:TEL: (Signature of Contracting Officer)
CODE CODE
B. TELEPHONE (Include area code) C. E-MAIL ADDRESS
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)
23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE
PART IV - REPRESENTATIONS AND INSTRUCTIONS
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
74 - 90
PART II - CONTRACT CLAUSES
U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST
CONTRACTING OFFICE
1616 CAPITOL AVENUE
OMAHA NE 68102-4901
FAX:
TEL:
FAX:
TEL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
91 - 154
6. REQUISITION/PURCHASE NO.5. DATE ISSUED
12 Apr 2017
4. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
[ X ]
3. SOLICITATION NO.
W9128F-17-R-0013
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
0001 200,000,000 Job Base Period - ERS w/ MMRP - SB Set-Aside
FFP
Base Period - Small Business (SB) Set-Aside Indefinite Delivery/Indefinite Quantity (ID/IQ) Multiple Award Task Order Contract (MATOC) with capacity of $200M for Environmental Remediation Services w/ Military Munitions Response Program (MMRP) in support of the U.S. Army Corps of Engineers, Northwest Division (NWD) and existing and future customers. Base Period of three (3) years from date of contract award.
FOB: Destination
MAX
NET AMT
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
OPTION
UNDEFINED Job Option Period, ERS w/ MMRP-SB Set-Aside
FFP
Small Business (SB) Set-Aside Indefinite Delivery/Indefinite Quantity (ID/IQ) Multiple Award Task Order Contract (MATOC) with capacity of $200M for Environmental Remediation Services w/ Military Munitions Response Program (MMRP) in support of the U.S. Army Corps of Engineers, Northwest Division (NWD) and existing and future customers.
FOB: Destination
MAX
NET AMT
W9128F-17-R-0013 2 of 206
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
0003 UNDEFINED Job Contract Manpower Reporting
FFP
The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the U.S. Army Corps of Engineers, Omaha District (Requiring Activity’s Unit Identification Code (UIC): W07106) via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/. Contractors may direct technical questions to the “Send an Email” link at website or email contractormanpower@hqda.army.mil for current information on CMRA.
Information regarding changes to the reporting process, when data should be entered, general police information, how data is protected, and how to enter certain data can be found under the Frequently Asked Questions (FAQ) section at the CMRA website. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2017. (To be separately priced on each task order, if applicable.)
FOB: Destination
MAX
NET AMT
W9128F-17-R-0013 3 of 206
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
0004 UNDEFINED Job OPTION Option to Extend Services
FFP
In accordance with FAR 52.217-8 -- Option to Extend Services -- the total extension of performance hereunder shall not exceed 6 months. Should the Government exercise its right to extend the contract under FAR Clause 52.217-8, the Contractor will be required to hold its labor rates to the accepted rates identified in the Binding Labor Rate Schedule - 6-Month Option to Extend Period Burdened Labor Rate, except for any revisions to the prevailing labor rages provided by the Secretary of Labor.
FOB: Destination
MAX
NET AMT
Section B
1. Contract Definition
This Environmental Remediation Services (ERS) contract will support work assigned to the U.S. Army Corps of Engineers (USACE), 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; Defense Base Realignment and Closure (BRAC) 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. Both Firm Fixed Price (FFP) and Cost Reimbursable (CR) task orders may be written against the IDIQ contracts.
The intent is to award a pool of up to five (5) contractors; however, if the Contracting Officer determines during the source selection process that fewer or more than that number of contracts should be awarded, based upon the selection criteria, 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 Regulation (FAR) and other guidance.
Please ensure NAICS code 562910 in incorporated in your firm’s current SAM registration at www.sam.gov.
Failure to have this NAICS code current in SAM may result in not being considered for award.
2. Eligibility
The contract is a total Small Business set-aside. See FAR 52.219-6, Notice of Total Small Business Set-Aside. The small business standard for NAICS 562910 is 750 employees.
W9128F-17-R-0013 4 of 206
3. Total Amount of Contract
The total amount of the MATOC capacity among all contractors awarded contracts under this solicitation shall not exceed $200,000,000.00. 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 minimum guarantee 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 period of performance 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 the date of contract award.
6. Pricing – Firm Fixed Price Task Orders and Modifications
6.1 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 Unburdened
Rate (Year 1)
Burdened Rate Base
Period (Year 1)
Burdened Rate Base
Period (Year 2)
Burdened Rate Base
Period (Year 3)
Burdened Rate
Option Period
(Year 4)
Burdened Rate
Option Period
(Year 5)
Burdened Rate 6- Month
Option to Extend Period
Program Manager
Project Manager
Contractor Quality Control Supervisor
Safety & Health Manager
Site Safety & Health Officer
(SSHO)
Professional Industrial Hygienist
W9128F-17-R-0013 5 of 206
Table B.1. BINDING LABOR RATE SCHEDULE
Labor Discipline Unburdened
Rate (Year 1)
Burdened Rate Base
Period (Year 1)
Burdened Rate Base
Period (Year 2)
Burdened Rate Base
Period (Year 3)
Burdened Rate
Option Period
(Year 4)
Burdened Rate
Option Period
(Year 5)
Burdened Rate 6- Month
Option to Extend Period
Senior Contracts Manager
Project Geologist
Field / Junior Geologist
Hydrogeologist
Geotechnical Engineer*
Project Geophysicist
Site Geophysicist
Program Chemist
Project Chemist
Lead Risk Assessor / Toxicologist
Risk Assessor / Toxicologist
Civil Engineer*
Environmental Engineer*
Process Engineer*
W9128F-17-R-0013 6 of 206
Unburdened
Rate (Year 1)
Burdened Rate Base
Period (Year 1)
Burdened Rate Base
Period (Year 2)
Burdened Rate Base
Period (Year 3)
Burdened Rate
Option Period
(Year 4)
Burdened Rate
Option Period
(Year 5)
Burdened Rate 6- Month
Option to Extend Period
Engineer – Junior (Engineer in Training)*
Engineering Technician
Biologist
Regulatory Specialist
GIS Specialist
Estimator
Site Superintendent / On-Site Supervisor
Field Technician
Hazardous Waste / Transportation Specialist
CADD Operator
Word Processor
Clerical
Data Processor
Data Base Administrator
W9128F-17-R-0013 7 of 206
Unburdened
Rate (Year 1)
Burdened Rate Base
Period (Year 1)
Burdened Rate Base
Period (Year 2)
Burdened Rate Base
Period (Year 3)
Burdened Rate
Option Period
(Year 4)
Burdened Rate
Option Period
(Year 5)
Burdened Rate 6- Month
Option to Extend Period
Community Relation Specialist
Procurement Specialist
Specification Writer
MMRP
(Disciplines restricted to task order requests with MMRP requirements)
UXO Senior Supervisor
(SUXOS)
UXO QC
Supervisor
(UXOQCS)
UXO Safety Officer
(UXOSO)
UXO Sweeper
Dive Supervisor
UXO Technician I
UXO Technician
II
UXO Technician
III
*Note: Identified engineering support does not require Architect-engineering services as defined by Far Part 2.
6.1.1 The offeror shall indicate for each discipline whether it is employed by the prime or a subcontractor by annotating PRIME or SUB next to the discipline in the first column.
W9128F-17-R-0013 8 of 206
6.1.2. The hourly burdened labor rates proposed in Binding Labor Rate Schedule are binding upon contract award for the life of the MATOC.
6.1.3. The hourly burdened labor rates shall include direct cost, payroll taxes, insurance, benefits, and any other applicable labor costs, but shall exclude profit.
6.1.4. 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.
6.1.5. 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.
6.1.6. 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.
6.1.7. 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 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.
6.1.8. 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 “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.
Table B.2. BINDING CAP RATES
Base Period Year 1
Base Period Year 2
Base Period Year 3
Option Period Year 4
Option Period Year 5
Home Office Overhead Rate*
G&A Rate* % % % % % Field Overhead*
(if applicable) Other % % % % % (identify):
W9128F-17-R-0013 9 of 206
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. 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 2-3 or the Option Period Years 4-5 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 rates for Base Period Years 2-3 and for Option Period Years 4-5 so that the Government can review the calculations of the unburdened versus burdened labor rates.
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 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 at or below the binding cap 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.
6.2.5. 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 the previous year’s fully burdened labor rate.
Table B.3: ESCALATION RATE
6.3 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)__________%
Maximum Fixed Fee Rate (Cost Reimbursement Task Orders ________________%*
*Note: The maximum fixed fee rate is statutorily limited to 10% in accordance with FAR 15.404-4(3)(i)(C).
W9128F-17-R-0013 10 of 206
6.3.1. 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.
6.3.2. 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 rates identified in Table B.4.
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 The amount to be paid to the Contractor for each cost reimbursement price task order shall be based on the actual labor costs for individual personnel, the actual overhead and G&A rates not to exceed the binding cap rates listed in Paragraph 6.2, the proposed fixed fee not to exceed the binding fixed fee rate cap listed in Paragraph 6.3 and any proposed travel (which has been accepted by the Government) per Paragraph 8.
6.4.3 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.
6.4.4 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.
6.4.5 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. 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.
(End of Section B)
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Section C - Descriptions and Specifications
1. Contract Procurement Objective and Overview
1.1 CONTRACT REQUIREMENTS. 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 or her 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 (KO) 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 KO and/or COR.
The Contractor shall be responsible for acquiring the latest version of applicable regulator 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.
1.1.1 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 related to requirements of this paragraph.
1.1.2 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.
2. Scope
2.1 This Environmental Remediation Services (ERS) contract will support work assigned to the U.S. Army Corps of Engineers (USACE), 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; Defense Base Realignment and Closure (BRAC) 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. The scope of the contract, in accordance with the MEGA approved acquisition, does allow for nationwide work effort.
2.2 Task orders under this contract will be in support of existing and future USACE customers throughout the contiguous United States, including Alaska and Hawaii, and the U.S. territories; the majority of this MATOC pool is reserved for use by Omaha District to support existing customers. Task orders will be issued as firm-fixed price (FFP) or cost-reimbursable (CR) based on the requirements of the Performance Work Statement (PWS) or Statement of Objectives (SOO) 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, perfluorinated compounds, radioactive materials, and hazardous materials.
W9128F-17-R-0013 12 of 206
2.3 The Government anticipates a substantial portion of task orders issued under this contract will support U.S.
Army Pueblo Chemical Depot (PCD), near Pueblo, Colorado. PCD is a BRAC installation and as such, offerors’ use of local area hires is being evaluated for the MATOC (Factor 3 – Technical Approach to Pueblo Chemical Depot). The Government reserves the right to use this contract at other BRAC installations if market research determines it is appropriate IAW DFARS 226.7102. If market research determines this vehicle is appropriate, MATOC holders shall be evaluated on the extent to which they specifically identify and commit to a plan to hire residents in the vicinity of that BRAC installation IAW DFARS 226.7104.
2.4 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 Environmental Protection Agency (EPA) emerging contaminate program; the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), MMRP, the Clean Water Act, the Clean Air Act, National Environmental Policy Act (NEPA), National Historic Preservation Act, Endangered Species 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. Actions may address both regulated and non-regulated toxic substances and emerging contaminants. Incidental vertical construction (i.e. excavation, off-site disposal of contaminated soil, etc.) will also be included in the ERS contracts however, construction activities must be incidental to the ERS work. Removal of wastes and/or installation of treatment systems is not considered construction for the purpose of this MATOC pool.
Services that may be required in an ERS task order include, but are not limited to: preparation of work plans following the Uniform Federal Policy (UFP) Quality Assurance Project Plan (QAPP) guidelines; 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); 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; emerging contaminate studies through remediation; 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.
2.5 Remedial action activities could include, but are not limited to the following: air sparging; soil vapor extraction;
bioremediation; 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.
2.6 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, 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); site surveys; geophysical mapping and associated activities;
Probability Assessments; military munitions removal/remedial actions and associated activities; Explosive Safety Submission (ESS)/Explosive Siting Plans (ESP) preparation; engineering controls design; explosives management (siting, use, etc.); munitions debris handling and disposal; anomaly avoidance; construction support; munitions
W9128F-17-R-0013 13 of 206 constituent sampling; removal/remedial actions; x-ray fluorescence; community relations support; reporting; and Geographical Information System (GIS) support for project activities.
2.7 Project-specific task orders will be issued under the basic contract and any exercised option period thereto. The USACE KO or COR 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.
2.8 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); (3) specify procedures for reductions in fee and/or price for deficient services; and (4) 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.
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. The contractors will be held accountable for end results.
Provide all information known about the site(s) or where it can be located and accessed by the Contractor.
Ensure that contractors are given the freedom to determine how to meet the Government’s performance objectives.
Define the measurement terms using clear and concise language avoiding vague or broad statements.
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.
2.9 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.
3. Contract Performance Requirements
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3.1 CHEMISTRY REQUIREMENTS. The Contractor shall be responsible for the quality of all required chemistry services performed. The Contractor shall ensure that all chemistry-related tasks are conducted in accordance with the project-specific Work Plan (WP). The Contractor shall identify a Program Chemist as key personnel in the project WP. The project-specific work plan will follow the Uniform Federal Policy Quality Assurance Project Plan structure, as outlined below. The Program Chemist will act as a POC on all chemistry-related issues and shall be responsible for ensuring that all Data Quality Objectives (DQOs) are met. All work shall be performed in accordance with the supplemental guidance listed in paragraph 20 below. Following award of this task order, a Uniform Federal Policy Quality Assurance Project Plan (UFP QAPP) scoping session shall be scheduled with USACE technical team.
3.1.1 Uniform Federal Policy Quality Assurance Project Plan (UFP QAPP). The Uniform Federal Policy Quality Assurance Project Plan (UFP QAPP) is the required format for all quality assurance planning documentation deliverables, involving data collection. This is a standalone document that satisfies all CERCLA and RCRA requirements for investigative purposes. The work plan (WP), the field sampling plan (FSP), and the quality assurance project plan (QAPP) have all been combined into one uniformed standard format in the UFP-QAPP. A separate health and safety plan and construction quality plan are required. The UFP-QAPP manual was created by the Intergovernmental Data Quality Task Force (IDQTF) which is composed of EPA, DoD, and DOE personnel, and signed by EPA (2004) and DoD (2005). It is based on ANSI/ASQ E-4Section 6 (Part B) and complies with EPA QA/R-5 and QA/G-5. This requirement is outlined in the DoD Instruction 4715.15. The UFP QAPP template and instructions can be found at U.S. EPA, Intergovernmental Data Quality Task Force, Uniform Federal Policy for Implementing Environmental Quality Systems: Evaluating, Assessing and Documenting Environmental Data Collection/Use and Technology Programs, Final, Version 2, March 2005. The UFP QAPP is intended to capture the entire project planning process including data quality objectives (DQOs). 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 that complies with the EPA or other lead regulatory agency regulations, USACE guidance, the Department of Defense Quality Systems Manual (DOD QSM) and EPA guidance. All procedures and activities including but not limited to those required for the acquisition of data shall be presented in the UFP-QAPP for approval by the CENWO-PDT (technical team), state representatives, and EPA authorities, as necessary, prior to the initiation of any fieldwork. The UFP-QAPP is intended to be a living document and should be designed such that change pages may be provided to update the document. Modifications shall go through the appropriate approval process, prior to implementation. Any variances from the UFP-QAPP format must be approved by the CENWO-PDT and documented in the project file.
The UFP-QAPP integrates technical and quality control aspects of a project including planning, implementation, assessment, and corrective actions. UFP-QAPP provides project-level guidance for implementing the systematic planning process including; project management and objectives; measurement, field tasks, and data acquisition;
assessment and oversight; and data review. In addition to the UFP-QAPP guidance, CENWO requires an executive summary at the beginning of the document that will summarize site conditions, site history, and previous investigations that present the current conceptual site model. The UFP-QAPP must 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. All field tasks, including geological activities such as well design and installation, well abandonment, soil boring logging, field measurements, and surveying must be included. 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 UFP-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 UFP-QAPP 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 UFP-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.
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As part of either the UFP QAPP, 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.
3.1.2 Quality Assurance. The Contractor shall develop project-specific DQOs designed to ensure data of adequate quality are collected to support project decisions. DQOs shall be developed in accordance with local, state, and federal regulations, such as USEPA QA/G4, Guidance for the DQO Process (most recent version) and documented in the UFP QAPP.
All field sampling and laboratory services shall be conducted in accordance with the approved UFP QAPP. Samples shall not be collected or submitted for analysis until the UFP QAPP is approved. The Contractor shall ensure that all requirements specified in the project UFP QAPP are met. If not met, the Contractor may be required to re-accomplish sampling at the Contractor's expense. The Contractor shall conduct audits, verify and validate data, and perform corrective actions in accordance with the project UFP QAPP. The Contractor shall submit results of audits and performance evaluation samples to the COR.
3.1.3 Laboratory Selection. The Contractor shall select a laboratory that is accredited under the DoD Environmental Laboratory Accreditation Program (ELAP). The Contractor shall ensure that the selected laboratory meets all state and federal requirements, including state certification where appropriate. The laboratory must also have analytical capabilities sufficient for the methods specified in the UFP QAPP and adequate throughput capacity to handle the project’s analytical workload during all field activities. Sampling activities shall comply with all applicable FDEP Standard Operating Procedures.
The Contractor may establish an on-site laboratory at the project site if determined necessary by the Contractor.
However, on-site test laboratory(ies) must meet all Method specific requirements and DoD QSM requirements if data is to be used definitively. Screening level data may not require as stringent control, but must still meet quality assurance criteria as approved by the USACE project chemist. All on-site methods including QA/QC techniques must be documented and approved in the UFP QAPP. In addition, all definitive data will be required to meet all validation criteria specified in the UFP QAPP.
By submission of an offer, the Contractor represents that analytical testing in support of the restoration program will be performed by laboratories accredited in accordance with the DoD Environmental Laboratory Accreditation Program (ELAP). Additional information regarding ELAP can be found at the denix website (http://denix.osd.mil/).
3.1.4 Analytical Data Management. The Contractor shall ensure that all hard copy and electronic data deliverables supplied by the laboratory are complete and adequate to support the quality and usability of the data. Raw data packages shall be submitted to the COR and Base POC upon request. Data packages shall include all information required to re-create the analysis, including correspondence with the laboratory regarding exceeding quality assurance/quality control (QA/QC) measurements and documentation of corrective actions. Complete laboratory reports must be available electronically and should be supplied as an addendum to each applicable report. Data validation reports should also be attached verifying data are of sufficient quality for its intended use.
Data shall be provided as Staged Electronic Data Deliverables (SEDD) minimum stage 2A. The proposed laboratories shall follow, at a minimum, DoD QSM Version 5.0 project library; including the data verification of batch QC and instrument parameters. 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 Environmental Resources Program Information Management System (ERPIMS)
W9128F-17-R-0013 16 of 206 database format submission, US Army requires ERIS database format submission, and FUDS requires a SEDD FUDSChem 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. FUDSChem is the FUDS system for management of data from environmental projects at all FUDS sites. 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 FUDSChem data base.
3.1.5 Record Keeping. The Contractor shall create and maintain in one location written (in bound, numbered logbook) and electronic records sufficient to recreate each sampling, analytical, testing and monitoring event, and shall make these records available to the government upon request. The Contractor shall maintain records of, and derived from, all activities outlined in the appropriate portion of the Quality Program Plan (QPP) supporting the generation of these sampling and analysis records. The Contractor shall also retain written calculations using information obtained from sampling, analysis monitoring, and testing activities, to include all raw data. All information shall be provided to the government upon request.
3.1.6 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.
3.1.7 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 Contractors selected for this MATOC pool 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/MMR sites. The offeror must identify the key personnel identified below to be assigned to the Contract by name, position, and firm.
Key personnel must meet the minimum qualifications to perform their roles and responsibilities under this contract and have the level of expertise and experience in performing HTRW/MMRP actions.
The following Key Personnel positions MUST BE employed by the Prime Contractor/Joint Venture: Program Manager; Senior Contracts Manager; Contractor Quality Control Supervisor; and Program Chemist. No exceptions.
The Senior UXO Supervisor (SUXOS), UXO Safety Officer (UXOSO), and UXO Quality Control Supervisor (UXOQCS) shall be employees of the Prime Contractor/Joint Venture or submit a Letter of Commitment signed by the UXO employee at the time of task order RFP. No exceptions. For all remaining disciplines not included in this paragraph, the Contractor may utilize teaming members, 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.
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