W9128F-19-R-0023.pdf

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until 2:00 PM local time 09 Sep 2019

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ADAM.STOVER@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)

1 137

(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)

ADAM STOVER 402-995-2905

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 8

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT

PACKAGING AND MARKING

9 - 33

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 37 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 38 - 49 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

50 - 95

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

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

07 Aug 2019

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W9128F19R0023

Section B - Supplies or Services and Prices

SUPPLIES OR SERVICES & PRICES

Section B – Supplies or Services & Prices/Costs

1. Total Amount of Contract

The total amount of the contract awarded under this solicitation shall not exceed $35 Million Dollars. There is no limit of the number of Task Orders that may be executed. The Task Order(s) executed shall not exceed the total contract amount.

2. Guarantee

The contract awarded under this solicitation shall have a total guaranteed minimum amount of $2,500.00. If the Government chooses to exercise the Option Period on the contract, the Option Period awarded under this solicitation shall have a guaranteed minimum amount of $2,500.00. The guaranteed minimum may be met with the obligation of a task order meeting or exceeding the guarantee amount.

3. Contract Definition

The contract awarded under this solicitation will be an Indefinite Delivery/Indefinite Quantity contract for Immediate/Rapid Response under NAICS Code 562910, in support of the US Army Corps of Engineers, Omaha District (USACE) and its customers located nationwide (Continental United States, Alaska, Hawaii and U.S. outlying areas). The contract awarded will include both cost reimbursable and firm fixed price features for remediation of various hazardous waste sites as identified in Section C.

4. Performance Period

This contract will have a base performance period of three (3) years plus one (1) two (2) year option period, or until the $35,000,000.00 contract limit is reached, whichever occurs first.

5. Pricing

5.1 Firm Fixed Price Task Orders

The amount to be paid to the contractor for each firm-fixed price task order shall not exceed the hourly rates proposed by the contractor for the labor disciplines listed in paragraph 5.1., Table 1, “Firm-Fixed Price Task Order Capped (Maximum) Hourly Labor Rates.” If a discipline is not listed in Table 1 and is required for a specific task order, that labor rate will be negotiated with the offeror before award of that task order.

Provide one (1) rate per labor discipline, regardless of whether the individuals employed for that discipline are directly employed or subcontracted. Subcontracted personnel shall be identified on the tables by adding “(SUB)” after the discipline title. For example, “CADD Operator (SUB)”. The rates shown per labor discipline shall be fully burdened rates, exclusive of profit.

The hourly rates provided on Table 1 shall be “Fully Loaded,” i.e., shall include Overhead, General/Administrative (G&A), Labor Burden Fringes, and other costs exclusive of profit. Subcontracted personnel are subject to the same Overhead, General/Administrative (G&A), Labor Burden Fringes, and other cost caps as personnel employed directly by the Prime Contractor.

Prices used in formulating task order proposals shall be dictated by the date of task order requirement. Firm-fixed price task orders are subject to audit at the discretion of the applicable Contracting Officer.

If during the Contract Period of Performance, the Contractor’s original, Government-approved subcontracted personnel are no longer available to the Prime, the Prime shall find a subcontractor that has at a minimum, the same qualifications as the previous subcontracted personnel. The Prime shall be responsible for negotiating labor rates for those personnel that do not exceed the rates provided in Table 1, which are the maximum rates the Government will pay for any replacement personnel.

Table 1. Firm-Fixed Price Task Order Capped (Maximum) Hourly Labor Rates

ITEM

DISCIPLINE

BASE HOURLY

RATE

(Unburdened) Base Year 1 only

FULLY

LOADED

HOURLY RATE

Base Year 1

Base year 2

Base year 3

Option year 1

Option year 2

6 Month Extension

Period

Operations Manager

Senior Contracts Manager

Contractor Quality Control Supervisor

104 Program Chemist

105 Engineer

106 Scientist

Site Safety and Health Officer

(SSHO)

Regulatory Specialist/T&D Coordinator

Site Quality Control Supervisor

Site Superintendent / Site Manager

111 Health Physicist

Safety and Health Manager (SHM)

Professional Industrial Hygienist

Engineering Technician

115 CADD Operator

Clerical/Admin Support

Specification Writer

Community Relations Specialist

Procurement Specialist

Senior UXO Supervisor

121 UXO QC Supervisor

122 UXO Safety Officer

123 UXO Technician III

124 UXO Technician II

125 UXO Technician I

126 Project Manager

127 Project Geologist

128 Lead Risk Assessor

129 Project Chemist

Project Geophysicist

5.1.1 Profit

Profit will be negotiated at the task order level.

Table 2. Maximum Profit for Firm Fixed Price Task Orders

Maximum Profit for Firm Fixed Price (FFP) Task Orders % *Note: This is the maximum profit for any FFP task order. Profit will be based upon weighted guidelines for each FFP task order.

5.1.2 Overhead and G&A Rates for Cost Reimbursement and Firm Fixed Price Contracts:

Overhead and G&A Rates shall be provided in Table 3, “Overhead and G&A Rate Caps Cost Reimbursement and Firm Fixed Price.” These will be the applicable maximum rates applied to any task order under this contract for both the base and all option periods. These costs may be audited by DCAA at a later time. In no case will the Overhead and G&A Rate Caps be exceeded during the duration of the contract.

Table 3. Overhead and G&A Rate Caps Cost Reimbursement and Firm Fixed Price

Total overhead components (fringes, benefits, overhead, and G&A) will be capped at _____% of (select only one):

[ ] total cost

– or –

[ ] direct labor costs

A ceiling for G&A for Other Direct Costs (ODCs) is______%.

This includes all other markups other than Facilities Capital Cost of Money (FCCOM).

Field Office Overhead (if applicable)

Total overhead components (fringes, benefits, overhead, and G&A) will be capped at _____% of (select only one):

[ ] total cost

– or –

[ ] direct labor costs

A ceiling for G&A for Other Direct Costs (ODCs) is______%.

This includes all other markups other than Facilities Capital Cost of Money (FCCOM).

5.1.3 Firm-Fixed Price Special Cost Markups

The Offeror shall provide percentage markups for items/activities included in Table 4, “Special Cost Markups.” Cost for these items/activities excluding markups, shall be negotiated at the task order level, and then the proposed markups applied. These are subject to the applicable maximum rates applied to any task order under this contract for both the base and option periods.

Table 4. Special Cost Markups (if applicable)

Specialized equipment and / or material

Rental Equipment

Subcontracting Effort

5.2. Cost Reimbursable Task Orders

The contractor shall have the ability to support cost reimbursable task orders (i.e., an acceptable cost tracking system and adequate purchasing system). The Government reserves the right to request a DCAA Audit prior to contract award. Additionally, each cost reimbursable task order issued will be subject to DCAA Audit.

5.2.1 Accounting System

The contractor will use DCAA approved forward pricing rates or Certified Public Accountant (CPA) established cost pools in accordance with FAR Part 31 for Overhead, G&A, and other indirect costs, and shall have an accounting system that is in compliance with Generally Accepted Accounting Principles

(GAAP).

5.2.2 Fixed Fee

Fixed Fee will be negotiated on each cost reimbursement task order.

Table 5. Maximum Fixed Fee for Cost Reimbursement Task Orders

Maximum Fixed Fee for Cost Reimbursement (CR) Task Orders

*Note: This is the maximum fixed fee for any CR task order. Fixed Fee will be based upon weighted guidelines for each CR task order. In no case can the fixed fee exceed the statutory limit of 10%.

(End of Section B)

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 35,000,000 Job Rapid Response SDVOSB set-aside

FFP

3 Year Base Period - Cost Reimbursable or Firm Fixed Priced tasks orders can be awarded against this contract.

FOB: Destination

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED Job OPTION Rapid Response SDVOSB set-aside

FFP

2 Year Option Period - Cost Reimbursable or Firm Fixed Priced tasks orders can be awarded against this contract.

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.

UNIT UNIT PRICE MAX AMOUNT

0004 UNDEFINED

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.

Section C - Descriptions and Specifications

DESCRIPTIONS AND SPECS

Section C-Scope of Work

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 KO'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 most current versions of applicable regulatory or agency guidance documents, including but not limited to, regulatory or agency guidance cited in this contract and in task orders issued under this contract.

1.1.1. Permits. The contractor shall obtain permits and licenses necessary to conduct the work required by this contract including, but not limited to, environmental permits, building permits, discharge permits, Nuclear Regulatory Commission (NRC) or state licenses for radiation activities, and Department of Transportation (DOT) permits for transport of Munitions and Explosives of Concern (MEC) and Hazardous, Toxic, and Radioactive Water (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. Ownership of 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 all technical data or software that will be delivered, with restrictions on its use, release, or disclosure, IAW DFARS 252.227-7017, to the extent known.

2. General Information:

This indefinite delivery, indefinite quantity (IDIQ) contract is for remediation of various hazardous waste sites within the United States and outlying areas. The contractor shall furnish and transport all plant, labor, materials and equipment necessary to perform the work required. Task Orders (TOs) issued under this contract will be either Firm Fixed Price (FFP) or Cost Reimbursable (CR) with Service or Davis-Bacon Act wages, as applicable, depending on the type of project incorporated into each individual task order.

The contractor shall provide personnel with current training and medical monitoring as required by the Occupational Safety and Health Administration (OSHA), and other applicable training that may be necessary for work in HTRW and OE situations. The contractor shall comply with all federal, state and local laws and regulations that may be applicable to the specific performance based work statement in the task order. The contract will use performance-based work statements in order to simplify the task order requirements while providing for the maximum amount of flexibility for the contractor to successfully complete the project at the lowest price.

2.1 Definitions:

Emergency Response (ER). The contractor must be capable of initiating fieldwork 24 hours after receipt of the work authorization document. Initial notification of a potential ER can happen at any time, seven days a week, holidays, and weekends.

Environmental Remediation Services (ERS). Time sensitive ERS projects are initiated to maintain regulatory compliance, restore property from the effects of environmental spills or releases, mitigate unstable situations and prevent or minimize future releases so that there is protection to human life, public health and/or the environment.

Rapid Response (RR). The contractor must initiate fieldwork within 30 days of receipt of the work authorization document. Initial notification of a potential RR can happen Monday through Friday 7:00 a.m. – 4:30 p.m. central time, excluding weekends or holidays.

Immediate Response (IR). The contractor must initiate fieldwork within 72 hours of receipt of the work authorization document. Initial notification of a potential IR can happen at any time, seven days a week, holidays, and weekends.

The majority of the task orders that will be issued under 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); 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, 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, excavation, off-site disposal of contaminated soil, etc. will also be included in the ERS contracts, but 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 SATOC.

2.2 Project Specific Task Orders. Project-specific task orders will be issued under the base contract and any exercised option period thereto. Upon issuance of each task order, the KO or COR will provide the contractor with any site-specific information in USACE possession.

2.3 Performance- Based Task Orders. 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.

Performance-based service contracts (PBCs): (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.

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.

PBCs tend to require more engineering support than traditional prescriptive contracts because they specify what the final goal of a project is via Performance Work Statements (PWSs) and Statement of Objectives (SOOs), but do not prescribe methods for reaching those goals. This allows contractors maximum flexibility to propose innovative approaches.

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.

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 completion, approval, and acceptance will the Government pay for that milestone/objective.

Under a performance-based task order, contractors are required to use their expertise to develop methods that achieve the required results.

To the extent possible, a PWS for a task order will:

Define desired results/outcomes.

Define what level of performance is expected (and ensure it is meaningful and fair) and use performance standards and the Quality Assurance Surveillance Plan (QASP). Contractors will be held accountable for end results. The requirement for QASPs for service contracts is set forth in FAR Subpart 37.6 and

FAR 46.103.

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.

3. Scope of Work The contractor shall be capable of furnishing all labor, materials, equipment, and services required to investigate and/or remediate various sites located anywhere in the United States or outlying areas. This includes:

Sites currently owned or controlled by the Federal Government;

Sites formerly owned or controlled by the Federal Government;

Sites where the Federal Government is otherwise authorized to respond.

In order for a project to be considered appropriate for Rapid Response Program execution, the conditions of at least one of the following four general project categories must be satisfied:

1) Federal Response: The contract will provide a full response service to the federal customer in situations where rapid, immediate, or emergency response action is necessary to protect human life, public health, or the environment. In addition, this contract will provide the need for a rapid, immediate, or emergency response action as dictated by congressionally mandated start dates, the Environmental Protection Agency, or regulatory constraints.

2) Homeland Defense/Security: The contract will provide time sensitive support to Homeland

Defense/Security initiatives that would involve the assessment and/or implementation of preventative measures to address facility vulnerabilities, or the abatement, minimization, stabilization, containment, mitigation, or elimination of damages or materials remaining from an actual attack by a terrorist, terrorist organization, or hostile country.

3) USACE Mission Support: The contract will provide full support to USACE components who directly request assistance in meeting their base mission support needs where there is an immediate threat to human life, public health, or the environment. As part of USACE responsibilities to Federal Emergency Management Agency under the Emergency Support Function (ESF) -3 National Response Framework Contaminated Debris Mission (CDM) Rapid Response may be called on to perform characterization, treatment, management and disposal of contaminated debris or other materials resulting from a terrorist incident involving chemical, biological or radiological agents or a catastrophic natural disaster resulting in contaminated debris. In addition these contracts are available to provide USACE mission support through the local MSC or district commander, provided the requested services comply with the provisions of the contract.

4) Rapid Response Business Process Appropriate: The contract will provide support to projects that may not involve imminent threats to human life, public health, or the environment, but may have significant impacts on human life, public health, or the environment. The contract will provide support to projects where unforeseen conditions are highly prevalent and the ability to provide a detailed design is impractical and adverse impacts to human, life, public health, and the environment could exist.

3.1 Investigation/ Remediation Requirements. Each task order will specifically describe the requirements of the project. Examples of anticipated activities include:

3.1.1 Preliminary Phase/ Investigation

a. Site characterization and evaluation, including, but not limited to, wetlands and archaeological evaluations.

b. Development of risk assessments, EE/CA’s, Action Memorandums or other similar documents.

c. Survey and mapping.

d. Soil sampling, testing, boring or other geotechnical analysis.

e. Installation, development of groundwater monitoring wells, production/extraction wells, and

Piezometers.

f. Hydrology and hydrologic analysis and incidental design

g. Hydro-geological field-testing, analysis and data interpretation.

h. Biological/chemical/radiological assessment

i. Chemical/geotechnical sampling and analysis.

j. On-site perimeter real-time air monitoring, sampling and analysis.

k. Provide and/or develop engineering/cost recommendation of potential remedial strategies.

l. On-site/off-site chemical analysis for a wide variety of parameters including but not limited to;

routine HTRW procedures, characterizations pursuant to removal actions, explosive, chemical warfare, radiation and other chemical, physical and composite testing.

m. Identification of action levels for regulated hazardous substances through development of human health and ecological risk assessments.

n. Explosives survey (HTRW & OE)

o. Geophysical mapping and associated activities.

3.1.2 Remediation

a. Incidental engineering design/support pursuant to removal actions such as; design of soil vapor extraction systems, RCRA caps/liners, water treatment and/or supply systems etc.

b. Construction of soil vapor extraction systems, RCRA caps/liners, water treatment and/or supply systems, etc., pursuant to removal actions.

c. On-site source control and containment such as; buried drum removal, storage tank removal, product recovery, liner installation or other similar activities.

d. On-site treatment such as water treatment, fuel recovery, incineration, chemical neutralization or stabilization, air stripping or other similar activities.

e. Transportation, storage, treatment and/or disposal of waste at an off-site facility.

f. Survey, removal, transportation and disposal of asbestos containing materials.

g. Installation of site support facilities.

h. Preparation of applicable operation and maintenance manuals and associated training of facility personnel.

i. Incidental operation and maintenance of completed facilities constructed under this contract.

j. Protection of building(s) against chemical, biological and radiological contamination.

k. Survey, removal, transportation and disposal of explosives (HTRW & OE)

4. Environmental Requirements

4.1 General: The Contractor shall be cognizant of all pertinent laws, regulations, and guidelines related to the work to be performed. The contractor shall ensure that all work activities performed by his or her personnel, sub-contractors and suppliers are executed as required by these laws, regulations, and guidelines. Any incident of non-compliance noted by the contractor shall immediately be brought to the attention of the KO or COR. The contractor shall utilize trained, experienced on-site personnel to ensure that all on-site procedures for the treatment, transportation, and disposal of hazardous/special wastes are implemented and enforced. The contractor shall provide personnel with current training as required by the Occupational Safety and Health Administration (OSHA), and Department of Transportation (DOT) certification in accordance with 49 CFR part 172.700 for HAZMAT employees if applicable.

4.2 Permits/ Approvals. The contractor shall investigate the requirements for and obtain base permits, environmental permits, licenses, approvals, and/or certificates necessary to accomplish the work specified in the individual task orders. The contractor shall notify the KO or COR of any delay occurring in obtaining the necessary permits or approvals.

4.3 Treatment Storage and/or Disposal of Hazardous Materials. The contractor shall ensure the on-site management, transportation, storage, treatment, and disposal of all hazardous/special waste materials complies with all federal, state, and local laws and regulations. The contractor shall identify and perform any additional analyses necessary to ensure compliance with transportation, storage, treatment, and disposal requirements. Selection of the approved treatment, storage or disposal facility (TSDF) shall be based upon cost-effectiveness, compliance status, regulatory agency input and KO approval. If the waste is sent for off-site storage or disposal, the contractor shall provide the following to the KO at a minimum:

a. Waste characterization based upon analysis protocol recommendation by the contractor and approval of the Government in accordance with specific task order instructions. Identification of the disposal facility based upon cost-effectiveness and compliance with all local, state, and federal laws.

b. Transportation selection based upon cost-effectiveness and compliance with all local, state, and federal laws.

c. Analytical and manifest package in accordance with specific task order instructions and paragraph entitled “complete manifest package”.

d. Shipment tracking in accordance with task order instructions and all applicable laws.

e. Written acceptance from the TSDF.

4.4 Complete Manifest Package. The “complete manifest package” consists of, at a minimum, all hazardous waste manifests, hazardous material shipping papers, waste profile sheets, and land disposal restriction notification and certification forms, CERCLA off-site response approval memo, and all other supporting documentation.

Supporting documentation shall include waste disposal history, all analytical results, material safety data sheets available, and any other information received in identifying the proper waste code. The contractor shall also include as part of the supporting documentation, the specific type of inner and outer packaging, markings, labeling, and placards offered to the transporter. The contractor shall also comply with the requirements listed below:

a. The contractor shall have/appoint a single contractor regulatory specialist/transportation and disposal coordinator (CRS/TDC) who will review the complete manifest package and shipping documentation. This individual shall certify as correct all documentation in the complete manifest package and provide a description of the “decision logic” used to classify a particular waste.

b. The contractor shall submit to the KO or COR a copy of the complete manifest package for approval.

c. The contractor shall not transport any wastes prior to approval of the complete manifest package by the government.

4.5 Transportation of Hazardous/ Special Wastes. The contractor’s on-site personnel overseeing the transporter prior to shipment of the waste shall certify that the packaging, marking, labeling, handling, and placarding of waste complies with federal, state, and local laws and regulations and it correlates with the waste classification and quantities designated on the manifest prior to the signature of the transporter. The certification shall be submitted to the rapid response on-site representative (RR-OSR), prior to transport and included as part of the final project report.

The contractor shall also comply with or provide the requirements listed below:

a. The contractor shall develop and utilize a transportation and disposal tracking form in order to comply with

DOT, NESHAPS, TSCA and RCRA guidelines concerning hazardous waste/materials disposal schedules and associated recordkeeping requirements. Applicable regulations include, but are not limited to 40 CFR part 262, 40 CFR 61.150, 40 CFR 761.207 and 49 CFR 172.201. When not specifically required by regulation, the contractor shall provide the KO or COR with a delivery receipt from the designated facility.

b. Discrepancy reports if differences between the quantities or types of hazardous waste designated on the manifest or shipping papers and the quantity or type of hazardous waste the TSDF receives. The contractor shall immediately advise the KO or COR of manifest discrepancies associated with rejected loads and residues and/or the use of an alternate facility.

c. Exception reports. The contractor shall verify if the generator or the generator’s representative have received a copy of the signed manifest from the TSDF on or before the 35th day after transporter signature in accordance with 40 CFR part 262. The contractor shall prepare a draft exception report for the government’s approval by the timeframes listed in 40 CFR part 262 if necessary.

4.6 Regulator Notices of Non-Compliance. In the event the contractor is notified by a federal, state, or local agent that a manifest, shipment, waste disposal document, or any related activity concerning a task order under this contract is in non-compliance with the law, the contractor shall notify the KO or COR immediately.

5. Safety and Health

5.1 General: This subsection describes in general terms, the minimum contractor safety and health requirements associated with the contract. The contractor shall have an ongoing safety and health program meeting the requirements of all applicable federal, state, and local laws and regulations. In addition, the contractor shall prepare, implement, and enforce for each site a site safety and health plan (SSHP) whenever work is to be performed in a contaminated or potentially contaminated area. The contractor shall ensure that their subcontractors, suppliers and support personnel follow all appropriate safety and health provisions.

5.2 Site Safety and Health Plans. For each task order issued, the contractor shall prepare a written SSHP prior to beginning on-site work. At a minimum the SSHP shall contain:

a. Site description and contaminant characterization.

b. Safety and health hazard(s) assessment and risk analysis in the form of an activity hazard analysis (AHA) for each site task and operation.

c. Accident prevention per EM 385-1-1, “Safety and Health Requirements Manual.”

d. Safety and health staff organization and responsibilities.

e. Site-specific training.

f. Site-specific medical surveillance parameters.

g. Personal protective equipment (PPE) to be used and establishment of action levels for upgrades or downgrades of PPE.

h. Monitoring and sampling, including personal and perimeter air sampling, heat and cold stress, noise, and radiation monitoring.

i. Safety and health work precautions and procedures.

j. Work permit requirements.

k. Material handling procedures.

l. Site control measures.

m. Personnel and equipment decontamination facilities and procedures.

n. On-site first aid and emergency equipment.

o. At least two persons currently certified in standard first aid and CPR by the American Red Cross or equivalent agency shall be present on site at all times during site operations.

p. On-site and off-site emergency response plan and contingency procedures.

q. Logs, reports, and record keeping.

5.3 Safety Regulatory Requirements. Work performed under this contract shall comply with EM 385-1-1, Occupational Safety and Health Administration (OSHA) standards, and any applicable federal, state, and local safety and occupational health laws and regulations. Questions related to the interpretation of standards shall be submitted to the appropriate administrative agency for resolution before starting work. Where the requirements of this section, applicable laws, criteria, ordinances, regulations, and referenced task order documents vary, the most stringent requirements shall apply.

5.4 Staff Organization- Safety. An organizational structure shall be developed that sets forth lines of authority, chain of command, responsibilities, and communication procedures concerning site safety, health, and emergency response. This organizational structure shall cover management, supervisors and employees of the contractor and subcontractors. The structure shall include the means for coordinating and controlling work activities of subcontractors and suppliers. The SSHP shall include a description of this organizational structure as well as qualifications and responsibilities of each of the following individuals.

a. Safety and Health Manager/Certified Industrial Hygienist (SHM/CIH). The services of an industrial hygienist certified by the American Board of Industrial Hygiene shall be utilized. The name, qualifications and work experience summary shall be included in the SSHP. The SHM/CIH shall be responsible for the development, implementation, oversight, and enforcement of the SSHP. Any modifications to the SSHP shall be at the direction and approval of the SHM/CIH and coordinated with appropriate contractor and governmental personnel.

b. Site Superintendent/On-Site Supervisor. The contractor shall designate an individual who has the responsibility and authority to direct work performed under a task order that is capable of implementing the SSHP and ensuring compliance.

c. Site Safety and Health Officer (SSHO). An individual and at least one alternate shall be designated the SSHO.

The name, qualifications, and work experience of the SSHO and alternates shall be included in the SSHP. The SSHO shall assist and represent the SHM/CIH in the continued implementation and enforcement of the approved SSHPs. The SSHO shall have the primary on-site responsibility and authority to halt work if working conditions that impact on-site/off-site safety and health change. A SSHO may perform other duties if allowed by task order.

The contractor shall obtain the KO’s acceptance before replacing any member of the safety and health staff.

Requests shall include the names, qualifications, duties, and responsibilities of each proposed replacement.

6. Chemical Quality Management

6.1 General. This subsection identifies the minimum chemical quality control requirements of this contract. Within this subsection quality control (QC) refers to all chemical sampling and analysis, inspections and other activities performed by the contractor to ensure compliance and quality of the work performed and materials supplied by the contractor, all subcontractors, and suppliers. Quality assurance (QA) refers to activities performed by government personnel. The contractor shall provide samples to support the government’s QA effort. Quality management (QM) refers to the combined QC/QA effort. The specific requirements for contractor QC will be identified in the project task order.

6.2 Quality Assurance Project Plans (QAPP), Contractor Sampling and Analysis Plan (CSAP), Uniform Federal Policy for Quality Assurance Project Plans (UFP QAPP), or similar.

Requirements for number and location of samples, analytical methods, QA/QC and content of the plan will be detailed in the statement of work for each task order. The contractor shall prepare site-specific plans that establish protocols for all sampling and analysis (on-site/off-site), and for the respective quality control requirements. For each RR task order issued the contractor shall prepare a written QAPP (or similar) prior to beginning on-site work. Deviations from the QAPP format must be approved by the USACE-Rapid Response chemist prior to submittal of the statement of work.

At a minimum, the QAPP, CSAP, or similar shall contain the following elements:

a. Proposed project sampling and analysis organizations

b. Qualifications of chemical support staff

c. Types of decisions that will be supported by the data

d. Clearly defined data quality objectives (DQO’s) with an explanation of how the data meets the objectives

e. Acceptance criteria for data quality indicators (also known as measurement performance criteria)

f. Procedures for identifying the need for corrective actions

g. Types of contaminants that require laboratory analysis (on-site, field, or fixed lab).

h. Sampling procedures

i. Equipment decontamination procedures

j. Sample handling, labeling, and shipping

k. Chain of custody

l. Analytical methods and procedures

m. Analytical, statistical, and control parameters

n. Data analysis and reporting

o. Calibration and maintenance of on-site monitoring and analytical equipment

p. Internal laboratory controls

q. Quality control and quality assurance (audit) samples

r. Data validation

s. Field screening, analysis methods, and procedures as appropriate

The Uniform Federal Policy for Implementing Environmental Quality Systems is the preferred system for collection of environmental data ensuring proper documentation and implementation of acceptable quality systems for federal agencies. However, given the variety of facilities undergoing RR/IR/ER activities, a similar process that meets the substantive requirements may also be used. The Federal Acquisition Regulation (FAR) already requires, when appropriate, that contractors maintain high-level quality standards with a quality system based on existing standards, such as E4. We require proper documentation that environmental data are of known and documented quality and suitable for their intended uses.

The Department of Defense (DoD) has voluntarily adopted the UFP quality assurance project plan (QAPP) format.

The policy was developed as a joint initiative between the EPA, DoD and the Department of Energy (DOE) to resolve data quality inconsistencies or deficiencies. Each participating federal department, agency, or program will develop its own implementation plans that recognize the contracts through which the UFP-QAPP manual will be implemented, the status of previously approved QAPPs, and the stage of the data collection effort

If the UFP-QAPP format is selected, the UFP-QAPP manual is expected to be used to develop QAPPs for managing the collection and use of environmental data at federal facilities. Three tools are provided in part 2 of the UFP-QAPP provides three tools to assist in implementation. Those tools include: manual: part 2A, the QAPP workbook; part 2B, the QA/QC compendium: minimum QA/QC activities; and part 2C, the example QAPPs. The QA/QC compendium outlines minimum QA/QC activities that should be included in a QAPP for all CERCLA projects. These minimum QA/QC activities, although developed for the CERCLA process, are transferable to other environmental data collection and use programs.

6.3 Chemical Regulatory Requirements and Applicable Publications. The following publications form a part of this specification and work performed under this contract shall comply with applicable sections. Where the requirements of this section, applicable laws, criteria, ordinances, regulations, and referenced task order documents vary, the most stringent requirements shall apply. The most recent published updates shall be applicable.

a. USACE, ER 1110-1-263, Engineering and Design - Chemical Data Quality management for Hazardous, Toxic, Radioactive Waste Remedial Activities, 30 April 1998.

b. EPA Methods of Organic Chemical Analysis of Municipal and Industrial Wastewater, EPA –600/4-82-057.

c. EPA SW-846, Test Methods for Evaluating Solid Waste Physical/Chemical Methods, 3rd Edition, Final Update

V.

d. EPA Requirements for Quality Assurance Project Plans, EPA QA/R-5, EPA/240/B-01/003.

e. Guidance for Quality Assurance Project Plans, EPA QA/G-5, EPA/240/R-02/009.

f. Guidance on Systematic Planning Using the Data Quality Process, EPA QA/G-4, EPA/240/B-06/001.

g. 40 CFR 122 EPA Administered Permit Programs: The National Pollutant Discharge Elimination System.

h. USEPA Contract Laboratory Program National Functional Guidelines for Organic Data Review, EPA540/R-08-

01.

i. USEPA Contract Laboratory Program National Functional Guidelines for Inorganic Data Review, OSWER

9240.1-45, EPA 540-R-04-004, October 2004.

j. USACE EM 200-1-3 Requirements for the Preparation of Sampling and Analysis Plans Chapter 1, 1 February

2001.

k. USACE EM 200-1-2 Technical Project Planning (TPP) Process.

l. USACE EM 200-1-6 Environmental Quality – Chemical Quality Assurance for Hazardous, Toxic and

Radioactive Waste (HTRW).

m. DoD Quality Systems Manual for Environmental Laboratories – Version 51 Final.

n. DoD, Uniform Federal Policy for Quality Assurance Project Plans, DoD: DTIC ADA 427785.

o. Department of Defense Instruction: Environmental Quality Systems.

p. Part 1: Uniform Federal Policy for Quality Assurance Project Plans (UFP-QAPP) Manual, EPA-505—04-900A.

q. Part 2B: Quality Assurance/Quality Control Compendium: Minimum QA/QC Activities, 505-B-04-900B.

r. OSWER Guidance 9272.0-20.

s. USACE Chemistry Scope of Services (SOS) – attached as Appendix A.

t. SEDD Specification and Data Element Dictionary, Version 5.2 (or most recent version) at www.epa.gov/superfund/programs/clp/seddspec52.htm

6.4 Staff Organization-Chemical. An organizational structure shall be developed that sets forth lines of authority, chain of command, responsibilities, and communication procedures concerning chemical quality control. This organizational structure shall cover management, supervisors and employees of the contractor and subcontractors.

The structure shall include the means for coordinating and controlling work activities of subcontractors and suppliers.

The CSAP shall include a description of this organizational structure as well as qualifications and responsibilities of each site chemist. The contractor shall obtain the KO’s acceptance before replacing any member of the chemical quality control staff. Requests shall include the names, qualifications, duties, and responsibilities of each proposed replacement.

6.5 Laboratory Requirements. Prior to sampling and analytical activities, the contaminants of concern and associated analytical methodology will be determined and documented in the CSAP, QAPP, or similar document. In addition, the fixed laboratory shall be identified and is accredited in the DoD Environmental Laboratory Accreditation Program (ELAP). Non-ELAP laboratories must be approved by the USACE-Rapid Response chemist prior to submittal of the statement of work. The laboratory shall follow the most recent version of the DoD Quality Systems Manual and employ the required chemical library for analysis. The contractor shall coordinate the laboratory validation process with the authorized USACE-Rapid Response program chemist. Electronic data deliverables should be at a minimum staged electronic data deliverable (SEDD) stage 2. For validation purposes, SEDD or automated data review (ADR) file formats are acceptable. Approval of the laboratory shall be based upon review of the laboratories internal quality management procedures, available laboratory documents, inspection of the laboratory, suitable performance of audit samples and/or past performance.

6.5.1 Laboratory Capabilities. The types of laboratory services anticipated under this contract include, but are not limited to, waste characterization including ignitability, corrosivity, air/water/hexane, reactivity/solubility, and screening for oxidizers, peroxides, cyanide, sulfide and halogens as necessary for the determination of waste compatibility. The contractor shall be able to provide these services through its own workforce, subcontracting, or through a teaming arrangement.

6.5.2 On-site Capabilities. The contractor shall be able to provide on-site analysis of air, water, soil, liquid wastes, and solid wastes including: explosives, polychlorinated biphenyls (PCB’s), volatile and semi-volatile organics, soil gas, petroleum, XRF and waste compatibility testing, as specified in the individual task orders.

6.5.3 Off-site Capabilities. Complete off-site analysis shall include, but is not limited to, the analysis of the target compound list, target analyte list, appendix IX compounds, the toxicity characteristic leaching procedures (TCLP/ SPLP) with associated methodologies, general water quality analysis (e.g. nitrate, hardness, COD), and physical (e.g. viscosity, density, BTU) and compositional (e.g. TOX, ash, total sulfur) testing. Methods required include those presented in the latest revisions of EPA SW-846, EPA 600/4-79-020, EPA 600-4-88/039, Standard Methods for the Examination of Water and Wastewater and various other ASTM methodologies.