W9128F20R0038.pdf

CODE

(Hour)

PAGE(S)

until 02:00 PM local time 03 Apr 2020

X

A X B X C

D

EX

X G F 90 - 106

107 - 126 X H 127 - 135

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)

1 135

(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 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

Zorinsky Fed. Building, Omaha conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 14

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

15 - 32 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 35 - 37 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 38 - 39 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

40 - 56

PART II - CONTRACT CLAUSES

ARMY CORPS OF ENGINEERS

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

57 - 89

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

02 Mar 2020

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W9128F20R0038

Section B - Supplies or Services and Prices

LABOR RATE TABLE & RATE CAPS

1. Contract Definition

The contract awarded under this solicitation will be an Indefinite Delivery/Indefinite Quantity (ID/IQ) Multiple Task Order Contract (MATOC) as part of the U.S. Army Corps of Engineers, Multiple Environmental Government Acquisition (MEGA) Strategy.

This is an ID/IQ, MATOC for Pre-placed Remedial Action Contracts (PRACs) Small Business Set-Aside under NAICS Code 562910, in support of the US Army Corps of Engineers, Northwestern Division, Omaha District and its existing customers. Task orders will be issued as the need arises during the ordering period. Task orders may be firm fixed price or cost reimbursement as identified in Section C.

The contract is required to be registered under NAICS code 562910 in the System for Award Management (SAM) located at https//www/sam.gov/SAM/.

2. Total Amount of Contract The estimated maximum value for all orders issued against this MATOC is $176.25 Million. There is no limit on the number of task orders that may be executed against the MATOC.

3. Guaranteed Contract Amount The minimum guarantee for each contract is $2,500. A task order will be issued under each contract under the MATOC to meet the requirements of the minimum guarantee. If the cumulative value of any additional task orders issued to the contractor exceeds the minimum guarantee, the minimum guarantee task order will be de-obligated and closed at no additional cost or liability to either party.

4. Performance Period Contracts will have a basic ordering period of three years plus one two-year option period or until the $176.25 million contract limit is reached, whichever comes first. This contract also includes the clause 52.217-8 Option to Extend Services, which if necessary, allows the Government to extend the term of the Contract an additional six (6) months. The total length of the contract ordering period, including the exercise of all option periods, will not exceed five years and six months from date of contract award. A task order may have a period of performance that extends beyond the ordering period, but will not exceed five years beyond the last day of the ordering period.

5. Pricing

Firm Fixed Price (FFP) Task Orders.

5.1. Binding Capped Hourly Labor Rates.

The binding capped labor rates for this contract shall be provided by the Offeror in Table 1. The amount to be paid to the contractor for each firm-fixed price task order shall not exceed the “maximum” hourly rates proposed by the contractor for the labor disciplines listed in Table 1, “Binding Capped Labor Rate Schedule.”

5.1.1. The capped hourly rates provided on Table 1 shall be “Fully Burdened,” i.e., shall include Overhead (OH), General/Administrative (G&A), Labor Burden Fringes, and any other indirect costs exclusive of profit.

5.1.2. Labor rates used in formulating task order proposals shall not exceed the capped labor rates as of the date of task order requirement.

5.1.3. 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. For example, “Engineer (SUB)”. The rates shown per labor discipline shall be fully burdened rates, exclusive of profit.

5.1.4. The hourly burdened labor rates proposed in the Binding Capped Labor Rate Schedule are binding upon contract award for the life of the MATOC, to include all option periods and extensions. These rates are applicable to both task orders and modifications.

5.1.5. The capped hourly, fully burdened labor rates shall include all applied direct and indirect costs, e.g., direct labor costs, payroll taxes, insurance, benefits, applied OH, applied G&A, and any other applied indirect costs, but shall not include profit.

5.1.6. 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 provide the unburdened labor rate along with all applied direct and indirect costs which formulate the fully burdened labor rate (exclusive of profit) in the proposal submitted in response to the issued Request for Task Order Proposal (RTOP).

5.1.7. If during the Contract Period of Performance, the Offeror’s original key personnel (prime or subcontracted) are no longer available, the Offeror shall replace these individuals with personnel whom, at a minimum, meet the minimum qualifications specified in the contract. The Offeror 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 personnel. The Contractor shall submit the replacement personnel’s qualifications to the Contracting Officer for approval.

5.1.8. The applicable capped labor 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 issued on 1 September 2020 for 12 months work, the maximum rates will be the rates that were effective on 1 November 2019. Under the same assumptions, if a modification to the Task Order is required in December 2020, the labor rates effective on 1 November 2020 will apply.

5.1.9. The Offeror has the responsibility to provide labor rates that comply with all potential Service Contract Act wage determinations and/or Davis Bacon wage decisions for each labor discipline subject to those wage determinations/wage decisions. The Government will provide the applicable wage determination(s) for the specific geographic location of the task orders in the RTOP.

5.1.10. Provide only one (1) rate per labor discipline, regardless of whether the individuals employed for that discipline are directly employed or subcontracted or whether the Joint Venture has separate applied indirect costs.

5.1.11. The hourly burdened labor rates proposed by the offeror shall include direct cost, payroll taxes, insurance, benefits, and applicable markups (e.g., Overhead, G&A, and other identified indirect costs), but shall exclude profit.

Offerors shall provide an example of how the markups are applied to the unburdened labor rates in proposal submittal per Section L, paragraph 5.3.2.

TABLE 1- BINDING CAPPED LABOR RATE SCHEDULE (FIRM FIXED PRICE TASK ORDERS)

Labor Discipline

U n b u rd en ed L ab or

R at e (B as e

P er io d

B u rd en ed L ab or

R at e (B as e

P er io d

Y ea r

1)

B u rd en ed L ab or

R at e (B as e

P er io d

Y ea

2) rd en ed L ab or

R at e (B as e

P er io d

Y ea

3) rd en ed L ab or

R at e (O p ti on

P er io d

Y ea

1) rd en ed L ab or

R at e (O p ti on

P er io d

Y ea

2) rd en ed L ab or

R at e (6

M on th

E xt en si on

0001 - Program Manager

0002 – Project Manager

0003 – On-Site Superintendent/ Site Manager

0004 – On-Site Contractor Quality Control Supervisor

(CQCS)

0005 – Safety and Health Manager/ Certified Industrial Hygienist

0006 – Senior Contracts Manager

0007 – Cost Tracker

0008 – Procurement Specialist

0009 – Site Safety and Health Officer (SSHO)

0010 - Geologist

0011 – Chemist

0012 – Risk Assessor

0013 – Health Physicist

0014 – Regulaotry

0015 - Geophysicist

0016 – CADD Operator

0017 – GIS Specialist

0018 – Engineer

0019 – Hazardous Waste

0020 – Engineering Technician

0021 – Field Technician

0022 - Scientist

0023 - Clerical

0024 - Senior UXO Supervisor

0025 - UXO QC Specialist

0026 - UXO Safety Officer

0027(a) - UXO Sweeper

0027(b) – UXO Sweeper - 4% Pay Differential

0027(c) – UXO Sweeper - 8% Pay Differential

0028(a) - UXO Technician I

0028(b) - UXO Technician I

- 4% Pay Differential

0028(c) - UXO Technician I

- 8% Pay Differential

0029(a) - UXO Technician

II

0029(b) - UXO Technician II - 4% Pay Differential

0029(c) - UXO Technician II - 8% Pay Differential

0030(a) - UXO Technician

III

0030(b) - UXO Technician III - 4% Pay Differential

0030(c) - UXO Technician III - 8% Pay Differential

5.2 Firm-Fixed Price Escalation and Maximum Profit.

5.2.1. The escalation rate applied in Table 1 to years 2 through 5 shall be provided by the Offeror in Table 2:

Table 2: Escalation Rate

5.2.2. Profit will be negotiated at the task order level for each Firm-Fixed Price task order but shall not exceed the maximum profit rate provided by the Offeror in Table 3, “Maximum Profit.” The maximum profit shall be binding for the life of the contract, to include all option periods and extensions, and shall be the maximum profit the Contractor will be allowed to propose for all firm-fixed-price task orders and modifications issued under this contract.

5.2.3. The Contractor may propose a lower profit when responding to a RTOP (or subsequent modifications) based on the tasks identified in the request and the risk associated with the project.

5.2.4. The maximum profit on this contract shall be provided by the Offeror in Table 3:

Table 3: Maximum Profit (Firm Fixed Price Task Orders and Modifications)

6. Cost Reimbursable Task Orders

The contractor shall have the ability to support cost reimbursement task orders (i.e., an adequate cost accounting system for determining costs applicable to the contract order and an acceptable purchasing system). The Government reserves the right to request a Defense Contract Audit Agency (DCAA) audit prior to or after contract award. Additionally, each cost reimbursable task order issued will be subject to DCAA Audit.

The contractor shall be reimbursed for all allocable, allowable and reasonable costs in accordance with FAR Part 31 up to the "estimated" cost for work specified in the task order scope of work. The task orders will be issued as a completion form Cost Plus Fixed Fee (CPFF). The Government will not reimburse the contractor for preparation and negotiation of task orders.

6.1 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 applied Overhead, G&A, and other indirect applied rates, and shall have an accounting system that is in compliance with Generally Accepted Accounting Principles (GAAP). The Cost Accounting System must be determined by the Government to be adequate for determining costs applicable to the contract or order prior to contract award, in accordance with FAR 16.301-3. In order for the Government to make the determination, the Offeror should complete the Standard Form 1408 "Preaward Survey of Prospective Contractor Accounting System" and submit the SF 1408 with its proposal, if the Offeror does not have a current DCAA audit specifying that the Cost Accounting System is adequate. The offeror will submit the DCAA audit specifying that the offeror’s accounting system is adequate for determining costs to the contract or order or the offeror will submit a completed SF1408.

6.2 Fixed Fee

Fixed Fee will be negotiated on each cost reimbursement task order. In no case can the fixed fee exceed the statutory limit of 10% for cost reimbursement task orders, in accordance with Federal Acquisition Regulations 15.404-4.

6.2.1 The maximum Fixed Fee shall be provided by the Offeror in Table 4, Maximum Fixed Fee, and is binding upon contract award for the life of the MATOC, to include all option periods and extensions. These rates are applicable to both task orders and modifications.

Table 4: Maximum Fixed Fee

7. Binding Capped Rates for Firm Fixed and Cost Reimbursable Task Orders

7.1. The Binding Capped Rates represent the maximum Overhead, G&A, or other Indirect rates that the Contractor shall use when responding to a RTOP issued by the Government. These rates are applicable to both Firm Fixed Price and Cost Reimbursable task orders and shall also apply to all modifications. The Offeror may use lower rates in proposals, but not higher.

7.3. The Binding Capped Rates shall be the maximum applied OH, G&A and other indirect rates used for the duration of the contract. The Binding Capped Rates will not be adjusted upward as a result of an audit of the contract or the follow-on task orders. The Contractor should use the actual labor rate(s) paid to the employee(s) for each discipline with the applied Binding Capped Rates for OH, G&A and other indirect rates. A Contractor can propose lower OH, G&A and other indirect rates for a specific task order; however, those proposed lower rates become the binding capped rates for that specific task order. The proposed task order indirect rates will not be adjusted upward as a result of an audit of the contract or the specific task order.

7.2. The Binding Capped Rates for this contract shall be provided by the Offeror Table 5. The capped rates provided by the Offeror are binding upon contract award for the life of the MATOC, to include all option periods and extensions. These rates are applicable to both task orders and modifications. Please include in Table 5 which direct costs have the applied binding capped rates. For example, if the G&A rate is applied to all ODCs, including subcontracts, indicate that G&A application in Table 5. On the other hand, if G&A is applied to all ODCs, including subcotnracts, and to all direct labor, indicate that G&A application in Table 5.

8. Department of Labor Rates

For individual task orders written against the contract, the appropriate Wage Determination/Decision will be provided with the RTOP.

9. Travel

The Contractor shall perform all travel and attend all meetings necessary for completion of the work required by the Task Orders. 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 http://www.defensetravel.dod.mil/. Actual cost of transportation by public conveyance (plane, limited to coach class) shall be paid. Air travel shall (if possible) be planned in advance in order to acquire the best prices available. Privately owned vehicles shall be paid at the current Government mileage rate in accordance with the FTR. The maximum amount paid for an airline ticket shall be the cost of travel via coach class.

(End of Section B)

Table 5: Binding Capped Rates

Overhead Rate

G&A Rate

If Applicable: Other Indirect Applied Rates (Specifically identify rate and reason for rate below)

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 UNDEFINED Job Preplaced Remedial Action Contract

CPFF

Base Ordering Period (3 years) - This Pre-placed Remedial Action Contract (PRAC) will support work assigned to the U.S. Army Corps of Engineers (USACE) Northwestern Division and its customers for environmental remediation (ER) projects for both civilian and military agencies of the Federal Government. This contract for environmental response actions will include service and construction activities mandated by the Defense Environmental Restoration Program (DERP), Superfund, environmental compliance and pollution prevention projects under the Department of Defense Environmental Quality Program, Brownfields, Formerly Utilized Sites Remedial Action Program (FUSRAP), environmental cleanup activities under the Base Realignment and Closure (BRAC) Program, Department of Energy, Veterans Administration, Department of Homeland Security and the Federal Emergency Management Agency (FEMA), and other environmental and homeland security laws and regulations requiring support activities for military installations, USACE’s civil works projects, and work for other federal agencies.

FOB: Destination

MAX COST

FIXED FEE

TOTAL MAX COST + FEE

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED Job Preplaced Remedial Action Contract

FFP

Base Ordering Period (3 years) - This Pre-placed Remedial Action Contract (PRAC) will support work assigned to the U.S. Army Corps of Engineers (USACE) Northwestern Division and its customers for environmental remediation (ER) projects for both civilian and military agencies of the Federal Government.

This contract for environmental response actions will include service and construction activities mandated by the Defense Environmental Restoration Program (DERP), Superfund, environmental compliance and pollution prevention projects under the Department of Defense Environmental Quality Program, Brownfields, Formerly Utilized Sites Remedial Action Program (FUSRAP), environmental cleanup activities under the Base Realignment and Closure (BRAC) Program, Department of Energy, Veterans Administration, Department of Homeland Security and the Federal Emergency Management Agency (FEMA), and other environmental and homeland security laws and regulations requiring support activities for military installations, USACE’s civil works projects, and work for other federal agencies.

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0003 UNDEFINED Job OPTION Preplaced Remedial Action Contract

CPFF

Option Ordering Period (2 years) - This Pre-placed Remedial Action Contract (PRAC) will support work assigned to the U.S. Army Corps of Engineers (USACE) Northwestern Division and its customers for environmental remediation (ER) projects for both civilian and military agencies of the Federal Government. This contract for environmental response actions will include service and construction activities mandated by the Defense Environmental Restoration Program (DERP), Superfund, environmental compliance and pollution prevention projects under the Department of Defense Environmental Quality Program, Brownfields, Formerly Utilized Sites Remedial Action Program (FUSRAP), environmental cleanup activities under the Base Realignment and Closure (BRAC) Program, Department of Energy, Veterans Administration, Department of Homeland Security and the Federal Emergency Management Agency (FEMA), and other environmental and homeland security laws and regulations requiring support activities for military installations, USACE’s civil works projects, and work for other federal agencies.

MAX COST

FIXED FEE

TOTAL MAX COST + FEE

UNIT UNIT PRICE MAX AMOUNT

0004 UNDEFINED Job OPTION Preplaced Remedial Action Contract

FFP

Option Ordering Period (2 years) - This Pre-placed Remedial Action Contract (PRAC) will support work assigned to the U.S. Army Corps of Engineers (USACE) Northwestern Division and its customers for environmental remediation (ER) projects for both civilian and military agencies of the Federal Government.

This contract for environmental response actions will include service and construction activities mandated by the Defense Environmental Restoration Program (DERP), Superfund, environmental compliance and pollution prevention projects under the Department of Defense Environmental Quality Program, Brownfields, Formerly Utilized Sites Remedial Action Program (FUSRAP), environmental cleanup activities under the Base Realignment and Closure (BRAC) Program, Department of Energy, Veterans Administration, Department of Homeland Security and the Federal Emergency Management Agency (FEMA), and other environmental and homeland security laws and regulations requiring support activities for military installations, USACE’s civil works projects, and work for other federal agencies.

UNIT UNIT PRICE MAX AMOUNT

0005 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.

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

2,500.00 $2,500.00 176,250,000.00 $176,250,000.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

2,500.00 $2,500.00 176,250,000.00 $176,250,000.00

CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE

The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.

CLIN

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0001 1.00 $2,500.00 176,250,000.00 $176,250,000.00 0002 1.00 $2,500.00 176,250,000.00 $176,250,000.00 0003 1.00 $2,500.00 176,250,000.00 $176,250,000.00 0004 1.00 $2,500.00 176,250,000.00 $176,250,000.00 0005 1.00 $2,500.00 176,250,000.00 $176,250,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

0001 1.00

$2,500.00

176,250,000.00

$176,250,000.00

0002 1.00

0003 1.00

0004 1.00

0005 1.00

CLAUSES INCORPORATED BY REFERENCE

52.203-18 Prohibition on Contracting With Entities That Require Certain

Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism

DEC 2018

Section C - Descriptions and Specifications

STATEMENT OF WORK/ PWS

STATEMENT OF WORK (SOW)/PERFORMANCE WORK STATEMENT (PWS)

1. GENERAL

1.1. DESCRIPTION OF WORK

This Pre-placed Remedial Action Contract (PRAC) will support work assigned to the U.S. Army Corps of Engineers (USACE) Northwestern Division and its existing customers, for hazardous, toxic and radioactive waste (HTRW) remediation projects for both civilian and military agencies of the Federal Government. This contract for environmental response actions will include service and construction activities mandated by the Defense Environmental Restoration Program (DERP), the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) Superfund, environmental compliance (ECS) and pollution prevention projects (PP) under the Department of Defense Environmental Quality Program (EQ), Brownfields, environmental cleanup activities under the Base Realignment and Closure (BRAC) Program, Resource Conservation and Recovery Act (RCRA), Military Munitions Response Program (MMRP), and other environmental and regulations requiring support activities for military installations, Corps' civil works projects, and work for other federal agencies. The DERP projects will include Installation Restoration Program (IRP) activities on active Army and Air Force installations and on Formerly Used Defense Sites (FUDS).

1.2. SCOPE OF WORK

The contracts to be awarded will require personnel, plant and equipment to respond to numerous requests for environmental support for the U.S. Army Corps of Engineers Northwestern Division. This Pre-placed Remedial Action Contract (PRAC) will primarily support work assigned to the U.S. Army Corps of Engineers (USACE) Northwestern Division, Omaha District.

The Contractor shall have the capability and experience to perform or provide a wide range of remedial action services at hazardous waste sites. These efforts may include environmental removal actions, remedial actions, and other remediation activities as well as related activities necessary to ensure complete and successful remediation.

Remedial activities may include, but not be limited to, excavation, transportation, and disposal of hazardous, toxic, or low level radiological waste; construction and operation of groundwater treatment plants and extraction systems (pump and treat); perfluorinated alkyl substances (PFAS) treatment systems, military munitions response actions, and demonstration projects (pilot studies); dredging of contaminated sediments; installation and operation of in-situ treatment technologies including but not limited to air sparging, petroleum, oil, and lubricants (POLs), chemical oxidation, bioremediation, ground-water circulating wells, permeable reactive barriers, soil vapor extraction, and thermal treatment; water line installations/service connections hookups in response to groundwater contamination;

and utility line replacement and/or remediation along utility lines; and erosion, sewer, and storm water controls for the purpose of compliance and/or pollution prevention. Supporting activities include, but are not limited to, sampling and laboratory analysis of soil, groundwater, surface water, air, and sediments; monitoring well, extraction well, and injection well installation, monitoring, and maintenance; supporting facilities for construction; work plan preparation; construction completion reports, as-built drawings, periodic monitoring reports, operation and maintenance/repair of remedial systems; monitoring reports, and other documents as needed; demolition; and public relations activities. Actions may address both regulated and non-regulated toxic substances and emerging contaminants.

1.3. BASE REALIGNMENT AND CLOSURE (BRAC) INSTALLATIONS

If market research determines this MATOC is appropriate in accordance with DFARS 226.71, the Government may issue task orders under this MATOC that support Department of Defense Base Realignment and Closure Program (BRAC) installations. MATOC holders would 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 in accordance with DFARS 226.7104.

1.4. COST REIMBURSEMENT TASK ORDERS

1.4.1. GENERAL

Cost control is important in cost reimbursement task orders. It is imperative that the Contractor be capable of estimating, budgeting, accounting, and reporting costs by work breakdown structure (WBS) and/or Contract Line Item Number (CLIN). In accordance with FAR 16.104(h), the Contractor must be capable to track costs on cost-reimbursement task orders. The Contractor shall make available, upon request, supporting documents and provide for physical inspection or demonstration at the appropriate office, of its accounting system capabilities to support cost reimbursement contract accounting needs.

1.4.2. COST TRACKING ASSOCIATED WITH COST REIMBURSEMENT TASK

ORDERS

The Contract’s cost tracking system is considered critical to the success of cost reimbursement task orders. This cost tracking system should integrate cost and schedule information to provide at a minimum: daily tracking of costs incurred, daily tracking of costs scheduled, projection of cost and schedules, earned value, and time phased budget and spending curves. Automated information should be remotely accessible at the work site and other locations to allow for daily cost tracking of actual labor (both on-site and home office), equipment, purchases, subcontracts, other commitments, obligations, and expenditures. This system should be able to be used as a project management tool to capture committed or obligated costs as they occur, not when reconciled at invoice.

As a minimum, the cost tracking system must have the following capabilities to adequately track cost reimbursement task orders.

The cost tracking system shall be maintained on-site and shall provide real time ability to capture costs and time phased budget and spending curves.

The cost tracking system shall have the ability to forecast costs.

The cost tracking system shall provide a daily report for review and approval by the Government.

The cost tracking system shall allow for active management and budgeting of Task Order costs, including but not limited to home office costs, direct field costs, indirect costs, subcontractor costs, equipment costs, and other project costs.

The cost tracking system shall have the ability to provide a weekly cost comparison/cost variance report. This report shall capture all committed/expended costs and shall allow the comparison of the forecasted total Task Order cost with the budgeted cost. It shall also show the overruns/under runs on the individual Task Order tasks, as defined in the Task Order.

1.4.3. MANAGEMENT ORGANIZATION, RESPONSIBILITIES, AND

AUTHORITIES

The objective of cost reimbursement Task Orders is to obtain the specified work or service on time, with quality work, at the lowest possible cost. As such, the Contractor must demonstrate a management team and organization capable of performing its own management and subcontract management effectively and efficiently. Managers identified as key personnel must have the relevant experience and education to perform the possible scope of services. The only Government authority under the cost reimbursement taks order is the Contracting Officer (KO).

Representatives of the Contracting Officer appointed in writing as authorized Contracting Officer's Representative (COR) also serve as representatives for the KO. Only the KO may change the scope, change the contract obligation amount or change the schedule.

1.4.4. COST REIMBURSEMENT TASK ORDER CLOSEOUTS

Cost reimbursement task orders may require a final audit by the cognizant audit office of the Federal Government based on the final cost of the Task Order. The Contractor is expected to provide procedures and processes that facilitate quick subcontract and supplier closeout and resolution of disputes.

1.5. PERFORMANCE-BASED TASK ORDERS

All task orders issued under this MATOC shall be performance-based task orders as defined in Federal Acquisition Regulations (FAR) 37.6.

1.6. SUBCONTRACTS

The contractor shall follow the requirements of FAR Part 44 and FAR Clause 52.244-2 when buying materials or when obtaining subcontracting support for Cost Reimbursement Task Orders.

The Contractor's procurement policy shall be clearly delineated. The Contractor shall utilize procurement and subcontracting procedures consistent with good faith principles and fair dealing. Further, where required, the Contractor will employ the principles and requirements of the FAR.

The objective of the Government is to select Contractors that maintain high standards of subcontract administration while incorporating integrity and peer respect. Adequate staffing to perform subcontract management is required.

Detailed Contractor procurement procedures and subcontract program plans are critical to the successful implementation of this contract. In accordance with FAR 44.203(a), the Contracting Officer’s consent to a subcontract or approval of the Contractor’s purchasing system does not constitute a determination of the acceptability of the subcontract terms or price, or of the allowability of costs, unless the consent or approval specifies otherwise.

1.7. SITE-SPECIFIC SUBMITTALS

Site work shall not commence on a project until the Government, the Project Manager (PM), COR and other appropriate management personnel, as required, has approved all of the site-specific submittals required for each specific Task Order to include Insurance Certificates and Payment and Performance Bonds, if applicable. Submittals will be identified within each Task Order. Following are standard submittals for all Task Orders unless otherwise specified:

1.7.1. Work Plan

A Work Plan in a Uniform Federal Policy Quality Assurance Project Plan (UFP QAPP) format shall be required.

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.

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.

1.7.2. Health and Safety

Site-specific health and safety submittals including safety practices, procedures, and equipment are required. The Contractor shall develop, implement, and enforce an Accident Prevention Plan (APP). The plan shall incorporate the requirements of 29 CFR 1910, Corps of Engineers EM 385-1-1 (Safety and Health Requirements) and ER385- 1-92, (Safety and Occupational Health Requirements for Hazardous, Toxic, and Radioactive Waste (HTRW) Activities). The Health and Safety Manager shall sign and date the APP prior to submittal for approval.

1.7.3. Sampling and Analysis

The Contractor will prepare a project-specific Uniform Federal Policy-Quality Assurance Project Plan (UFP-QAPP) before implementing any field activities that will outline a strategy for addressing data gaps and provide a detailed procedure for collecting data. The UFP-QAPP shall be prepared in accordance with EPA-505-B-04-900A Uniform Federal Policy for Quality Assurance Project Plans, Final, Version 1, March 2005, which should incorporate field sampling procedures.

Contractor shall also follow information included in the Attachments in Section J titled “Chemistry Scope of Services.”

1.7.4. Sustainable Practices

Projects executed for certain stakeholders shall use technologies and practices that are sustainable in accordance with EPA’s Consideration for Greener Cleanup Activities (April 2016) found at http://epa.gov/region2/superfund/green_remediation/ or other EPA green requirements as applicable.

1.8. SUBMITTALS

1.8.1. Conference/Meeting Notes.

The Contractor shall be responsible for taking notes and preparing the reports of all conferences/meetings.

Conference/meeting notes shall be prepared in typed form and the original furnished to the Government (within seven

(7) workdays after date of conference/meeting) for concurrence and distribution to all attendees. This report shall include, at a minimum:

The date and place the conference was held with a list of attendees;

The list of attendees shall include name, organization, and telephone number;

Comments made during the conference and decisions affecting criteria changes shall be recorded in the basic conference notes; and Conference notes should document any augmentation of written comments.

1.8.2. Annotated Comments.

Written comments presented by the reviewers of the project work plans, project reports, conferences, and other similar reports shall be attached to each final submittal with the action noted. Annotated comment action shall be "A" for an Approved comment, "D" for a Disapproved comment, "W" for a comment that has been Withdrawn, and "E" for a comment that has an Exception noted. In addition, brief written responses to comments shall be added where appropriate.

1.8.3. Confirmation Notices.

The Contractor shall be required to provide, as part of its monthly report, a record of all discussions, verbal directions, telephone conversations, and anything else discussed or participated in by the Contractor and/or his representatives on matters relative to this contract and the work. These records, entitled "Confirmation Notices" shall be numbered sequentially, fully identify participating personnel, subject discussed, and any conclusions reached. The Contractor shall forward a reproducible copy of said confirmation notices to the Government PM. However, if the notice deals with a change to the statement of work, associated costs, and schedule, the KO shall give this direction and the notice shall be faxed or emailed to the COR. The Government shall distribute confirmation notices.

1.8.4. Technical and Regulatory Reports

Technical and regulatory reports shall be prepared and submitted by the Contractor to the KO for each project. All reports shall have a title page/header identifying the Contract and Task Order number; Contractor name; project name;

location of project; report type; and date of submittal. The task order statement of work will further specify the submittals for each project. The submittal requirements may vary with the project or site. The Contractor shall provide Compact Disc Read-only Memory (CD ROM) files for all submittals in original editable form (i.e. Microsoft Word, Excel, etc.). All native files including graphics, photographs, data acquisition, and files for quality assurance shall be included in addition to Word and Excel files. All final documents shall be provided as a bookmarked portable document format (PDF) file.

1.8.5. Partial Submittals.

Partial submittals will not be accepted without prior approval from the USACE PM or COR as appropriate for the submittal involved.

1.8.6. Revisions and Addenda.

Prior to Government approval, review comments shall be incorporated by revising and reissuing affected pages. If major revisions are necessary, the entire document shall be resubmitted. Addenda sheets may be used to make minor changes affecting only a few pages. The affected pages shall have the revision number and date of correction on the bottom right corner of the page. Any changes to the work plan shall be submitted under a cover sheet with a list of pages that have been revised. The revised pages the Contractor issues shall cover any additions or changes to the plans or reports. The addendum for the project plan shall be issued prior to the commencement of work for that phase.

1.8.7. Review of Progress and Technical Adequacy.

At any appropriate time, representatives of the KO may review the progress and technical adequacy of the Contractor’s work. Such review shall not relieve the Contractor from performing all contract requirements, except as may be waived by written instructions.

1.8.8. Distribution.

The Contractor is responsible for reproduction and distribution of all documents according to the Document Submittal Register. Documents shall be mailed via regular mail, a carrier service that will provide overnight service (if necessary), or they will be faxed/email, as specified in the task order. The Contractor shall provide a CD ROM for all documents included in the submittal register. All work products are considered to be products of the Government and distribution will be in accordance with the Request for Services.

1.8.9. As-Built Drawings

The Contractor shall maintain two separate sets of red-lined full scale, as-built construction drawings marked up to fully indicate as-built conditions. These drawings shall be maintained in a current condition at all times until completion of the work and shall be available for review by Government personnel at all times. The contractor shall provide a conformed set of all as-built plans in hardcopy and native electronic files to the Government upon completion and acceptance of the work, unless otherwise indicated by the individual Task Order requirements.

1.8.10. Submittal Procedures

1.8.10.1. Submittals.

Submittals are those required and further described in the Statement of Work specifications of each individual Task Order. Submittals are classified as follows:

1.8.10.2. Government Approved.

Government approval is required for extensions of design, critical materials, deviations, equipment whose compatibility with the entire system must be checked, and other items as designated by the KO. Within the terms of the Contract Clause entitled "Specifications and Drawings for Construction," they are considered to be "shop drawings." Shop drawings shall be submitted in ample time (no less than 30 days or as defined in the Task Order) to secure approval prior to the time the items covered thereby are to be delivered to the site. ENG Form 4025 shall be used for the transmittal of shop drawings.

1.8.10.3. Information Only.

All submittals not requiring Government approval will be for information only. They are not considered to be "shop drawings" within the terms of the Contract Clause referred to above.

Normally submittals for information only will not be returned. Approval of the KO is not required on information only submittals. The Government reserves the right to require the Contractor to resubmit any item found not to comply with the contract.