W9128F20R0038_P0002.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

$176.25M MEGA PRAC

1. The purpose of this amendment is to incorporate changes into the Soliciation in Sections C, L and J. The changes are marked in red w ith "(AM#0002)" identif ied w ith the change.

2. The proposal due date is hereby extended to 2 pm (local-Omaha, NE), 17 April 2020. The submission of ProjNet inquiries is hereby extended to 3 pm (local-Omaha, NE), 27 March 2020.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 71

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

16C. DATE SIGNED

BY 16-Mar-2020

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W9128F20R0038

X 9B. DATED (SEE ITEM 11)

02-Mar-2020

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

16-Mar-2020

CODE

U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST

CONTRACTING OFFICE

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9128F20R0038

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been added by full text:

SOW/PWS AM#0002

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.

http://epa.gov/region2/superfund/green_remediation/

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. This does not relieve the Contractor from the obligation to furnish material conforming to the plans and specifications; will not prevent the KO from requiring removal and replacement of nonconforming material incorporated in the work; and does not relieve the Contractor of the requirement to furnish samples for testing by the Government laboratory or for check testing by the Government in those instances where the technical specifications so prescribe.

1.8.10.4. Approved Submittals.

The Government approval of submittals shall not be construed as a complete check, but will indicate only that the general method of construction, materials, detailing and other information are satisfactory. Approval will not relieve the Contractor of the responsibility for any error which may exist, as the Contractor under the CQC requirements of this contract is responsible for dimensions, the design of adequate connections and details, and the satisfactory construction of all work. After submittals have been approved by the Government, no resubmittal for the purpose of substituting materials or equipment will be considered unless accompanied by an explanation of why a substitution is necessary.

1.8.10.5. Disapproved Submittals.

The Contractor shall make all corrections required by the Contracting Officer (KO) and promptly furnish a corrected submittal in the form and number of copies specified for the initial submittal.

1.8.10.6. Withholding of Payment

Payment for materials incorporated in the work will not be made if required approvals have not been obtained.

1.8.10.7. Approval of Submittals

The Contractor shall submit submittals for approval, the total number of which will be determined by each Task Order. The mailing address for all submittals will be provided in each Task Order scope of work. Each Task Order will indicate if electronic submittals will be accepted for that Task Order.

1.8.10.8. Deviations

For submittals that include proposed deviations requested by the Contractor, the column "variation" of ENG Form 4025 shall be checked. The Contractor shall set forth in writing the reason for any deviations and annotate such deviations on the submittal. The Government reserves the right to rescind inadvertent approval of submittals containing unnoted deviations.

1.8.10.9. Control of Submittals

The Contractor shall carefully control their procurement operations to ensure that each individual submittal is made on or before the Contractor scheduled submittal date shown on the approved "Submittal Register", ENG FORM 4288-R. Upon completion of review of submittals requiring Government approval, the submittals will be identified as having received approval by being so stamped and dated.

1.8.10.10. Information Only Submittals

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. This does not relieve the Contractor from the obligation to furnish material conforming to the plans and specifications; will not prevent the KO from requiring removal and replacement of nonconforming material incorporated in the work; and does not relieve the Contractor of the requirement to furnish samples for testing by the Government laboratory or for check testing by the Government in those instances where the technical specifications so prescribe.

1.8.10.11. 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 to the Government upon completion and acceptance of the work, unless otherwise indicated by the individual Task Order requirements.

PART 2- PRODUCTS. (Not Applicable)

PART 3- EXECUTION.

3.1. ENVIRONMENTAL REQUIREMENTS.

All remedial actions shall be in full compliance with applicable Federal, State and local environmental laws and regulations including but not limited to: Pertinent Occupational Safety and Health Administration and Department of Transportation requirements, National Environmental Policy Act, Clean Water Act, Clean Air Act, Endangered Species Act, Toxic Substances Control Act, Resource Conservation and Recovery Act as amended by the Hazardous and Solid Waste Act, and Comprehensive Environmental Response and Compensation and Liabilities Act as amended by Superfund Amendments and Reauthorization Act. The Contractor shall assure that all activities performed by his personnel, subcontractors and suppliers are executed as required by these laws and regulations.

Any incidents of releases, spills, or regulation noncompliance noted by the Contractor shall immediately (within 1 hour) be brought to the attention of the KO or his representative with written notice provided. The Contractor shall also ensure that the National Response Center is notified as well. Nothing in this contract shall relieve the Contractor of his responsibility to comply with these laws and regulations.

3.2. PERMITS/LICENSES

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 license for radiation activities, and Department of Transportation (DOT) permits for transport of

Munitions and Explosives of Concern (MEC) and Hazardous, Toxic and Radioactive Waste (HTRW) on public highways. The contractor shall comply with all applicable Federal, State, and local laws and regulations, including Technical Bulletin TB 700-2, “DEPARTMENT OF DEFENSE AMMUNITION AND EXPLOSIVES HAZARD CLASSIFICATION PROCEDURES,” 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, if the task order is issued as a cost reimbursement task order.

3.3. REGULATORY REQUIREMENTS

As applicable, all site investigation, field activities, monitoring, operations and maintenance activities and health and safety documents required by this scope of work shall comply with pertinent sections of the following regulations and reflect the following guidance publications:

• FAR Clause 52.236-13, Accident Prevention

• U.S. Army Corps of Engineers (USACE), Safety and Health Requirements Manual, EM 385-1-1 (with all applicable errata sheets in effect on the date of the solicitation).

• USACE, Safety and Occupational Health Requirements for Hazardous, Toxic, and Radioactive Waste

(HTRW) Activities, ER 385-1-92 (2007).

• Nuclear Regulatory Commission Standards, 10 Code of Federal Regulations (CFR) 20.

• Occupational Safety and Health Administration (OSHA) Construction Industry Standards, 29 CFR 1926, especially 29 CFR 1926.65, and General Industry Standards, 29 CFR 1910; especially 29 CFR

1910.120 - "Hazardous Waste Site Operations and Emergency Response".

• National Institute for Occupational Safety and Health (NIOSH)/OSHA/U.S. Coast Guard (USCG)/USEPA, "Occupational Safety and Health Guidance Manual for Hazardous Waste Site Activities", October 1985.

• USACE ER 385-1-95 (with all applicable errata sheets in effect on the date of the solicitation) Safety and health Requirements for Munitions and Explosives of Concern (MEC) Operations

• USACE EM 385-1-97 (with all applicable errata sheets in effect on the date of the solicitation) Explosive Safety and Health Requirements Manual.

• USACE EM 1110-35-1, “Engineering and Design – Management Guidelines for Working with Radioactive and Mixed Waste” (most current version).

• Department of Transportation Regulations, 49 CFR Subchapters A, B, and C

• U.S. Environmental Protection Agency (USEPA) Regulations, 40 CFR Subchapter I – Solid Wastes.

• USACE Engineering Pamphlet (EP) 415-1-266, “Construction – Resident Engineer Management Guide

(REMG) for Hazardous, Toxic, and Radioactive Waste (HTRW) Projects” (most current version)

• Department of Homeland Security, 6 CFR Part 27.

• USEPA Regulations, 40 CFR Subchapter J – Superfund, Emergency Planning, and Community Right-To-

Know Programs

• USEPA Regulations, 40 CFR 300 – National Oil and Hazardous Substances Pollution Contingency Plan

• CERCLA, 42 USC 9601 et seq.

• RCRA 42 USC 6901 et seq.

• Clean Air Act (CAA) 42 USC 7401 et seq.

• Safe Drinking Water Act 42 USC 300f et seq.

• Clean Water Act 33 USC 1251 et seq.

• National Environmental Policy Act 42 USC 4321 et seq.

• Toxic Substances Control Act 15 USC 2601 et seq.

• Atomic Energy Act of 1954, as amended, 42 USC 2011 et seq.

• Other applicable Federal, State, and local safety and health requirements.

3.4. TRANSPORTATION, STORAGE, TREATMENT AND/OR DISPOSAL OF HAZARDOUS

WASTES

The Contractor shall ensure that his personnel and all subcontractors handle, transport, store, treat and/or dispose of all hazardous wastes as required by the applicable laws and regulations. The Contractor shall review all information provided and develop the necessary deliverables which contain the transportation and disposal criteria, procedures, and practices sufficient to protect personnel, the environment, and potential off-site receptors from chemical, physical, and/or biological hazards. The Contractor shall utilize the services of a Regulatory Specialist experienced in hazardous waste manifesting and hazardous waste site operations. If the information that is available is insufficient to allow the Contractor to develop these documents, a description of all additional information required shall be prepared and submitted to the KO, prior to the commencement of work.

3.4.1. Transportation, Storage, Treatment and/or Disposal of Hazardous Materials The Contractor shall ensure the transportation, storage, treatment, and disposal of all hazardous 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 to the KO at a minimum what is listed below.

3.4.1.1. Transportation

Transportation to an approved TSDF shall comply with all appropriate DOT regulations. The Contractor shall judiciously coordinate the transportation of waste so that transporters arrive on schedule. With each Task Order Proposal, the Contractor shall provide the name, location, point-of-contact, EPA identification, and verification that the transporter is a licensed Hazardous Waste Transporter in accordance with D.O.T. regulations, and Notice of Violation (N.O.V.) status.

3.4.1.2. Identification of the Disposal Facility

The Contractor shall characterize the waste stream to determine the most cost-effective TSDF facility which is in compliance with Federal, State and local laws and regulations. A minimum of three quotes will be submitted with each Proposal for treatment, storage or disposal of each waste stream. For each quote the Contractor shall provide the facility name, location, point of contact, telephone number, unit cost, total cost for treatment, storage or disposal, transportation, taxes and disposal fees. Additionally, the Contractor shall provide in the Proposal a list of all TSDF facilities contacted, regardless if a quote was not received. The list shall state the facility name(s), location, point of contact, telephone number and reason quote was not received. Based on the information received during this process, the Contractor shall provide within the Cost Proposal the name, location, point-of-contact, identification, and N.O.V. status of the selected disposal facility.

3.4.1.3. Shipment Tracking

The Contractor shall notify the KO if shipments to the TSDF are within the required time frames and provide all required reports if receipt has been delayed (i.e. discrepancy reports or exception reports. See paragraphs titled “Discrepancy Reports”, and “Exception Reports” for details.) The Government shall not be liable for any delays caused by the selected carrier. Any delays caused by the Disposal Facility (if waste is being disposed of separately under the Government’s current waste disposal contracts) shall not exceed the special damages costs that can be recouped by the Government under those contracts.

3.4.1.4. Tracking of Hazardous and/or Solid Wastes

Hazardous and/or solid wastes shall be removed from the site by the Contractor and disposed of at a facility approved by the KO. The Contractor shall receive written acceptance from the TSDF prior to mobilization for Transportation and Disposal (T&D). The Contractor shall submit and utilize a tracking system acceptable to the KO.

In instances where characteristic wastes are deactivated on site or at the TSDF and sent to a Subtitle D facility, the Contractor will follow appropriate notification and certification requirements under 40 CFR 268.9. This information shall be presented in the Final Report covering field activities.

3.4.1.5. Certification

An integral part of the certification procedure is proper identification of waste streams. The Contractor is responsible for reviewing generator supplied site documentation and submitting as part of the manifest package the logic relied upon in making the determination. If records or waste history are unavailable, the Contractor shall interview the generator or any available past site workers present when the waste was disposed to ascertain the origin of the waste.

If requested by the KO, the Contractor shall draft, for generator signature, a letter to the TSDF certifying that the information listed is based on available historical data.

3.4.2. Complete Manifest Package

The Complete Manifest Package consists of, at a minimum, all hazardous waste manifests, PCB manifests, hazardous material shipping papers, waste profile sheets, the land disposal restriction notification and certification forms, 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 below.

3.4.2.1. Preparation

The Contractor shall have a single Regulatory Specialist review the complete manifest package and shipping documentation. The Regulatory Specialist shall certify as correct the Hazardous Waste Manifest, Waste Profile Sheets, and Land Disposal Restriction Notification and Certification forms and supporting documentation. Once the review is completed, the Contractor shall submit these documents to the KO for approval.

3.4.2.2. Submittal

The Regulatory Specialist shall submit to the KO a reproducible copy of the Complete Manifest Package for each particular waste stream. The Contractor shall hold the original "Complete Manifest Package" and make corrections based on KO approval prior to submittal to the generator's representative for signature. Submittals that are disapproved will be returned to the Contractor to be revised.

3.4.2.3. Approval

The Contractor shall not transport or ship any wastes prior to KO approval of the Complete Manifest Package. The Government will make every effort to conduct the approval process within five (5) working days after the KO receives the Complete Manifest Package. If the regulators are unavailable or extensive review of Federal or State laws or regulations is required, the KO will notify the Contractor as soon as possible.

3.4.2.4. Designation of Generator

The generator and signer of Hazardous Waste Manifests, Waste Profile Sheets and Land Disposal Restriction Notifications and Certifications shall be identified by the KO as soon as possible. The Contractor shall submit a fully executed and Complete Manifest Package, including final disposition information, covering all solid and hazardous waste disposal under this contract as an appendix in the Final Report covering the field activities, as well as the above information and quantities shipped. The Contractor may sign the manifest “For U.S. Army Corps of Engineers” if required by a specific Task Order.

3.4.2.5. Transportation of Manifested Waste

The Contractor's on-site personnel overseeing the Transporter prior to shipment of the hazardous 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 KO prior to transport and included as part of the Final Report.

3.4.2.6. Generator Status

The Contractor shall determine the contribution to the generator's status at the site, for work performed under this Task Order, based on Federal, State, and local laws and regulations. Generator status may include conditionally-exempted small quantity generator, small quantity generator, and generator.

3.4.3. Transportation and Disposal Requirements

3.4.3.1. Hazardous Waste Manifest Annual and/or Biennial Reporting Requirements

All information necessary to file the Annual and/or Biennial reports shall be prepared and submitted by the Contractor to the KO for each Task Order to meet all Federal or State laws and regulations as a part of the Final Report. These report sections shall contain all the information necessary for the filing of the formal report in the form and format required by the governing Federal or State regulatory agency. A cover letter shall accompany the report to include the Contract number; Contractor name; USACE Task Order number and project name; location of project; report type; and date of submittal.

3.4.3.2. Tabulated Waste Handling Information

The Contractor shall list all waste materials going off-site including the description, quantity, destination, purpose, the hazardous waste classification, when the waste was manifested, samples taken, results, transportation plans, disposal facility, etc.; if applicable.

3.4.3.3. State Reporting Requirements

The Contractor shall determine the State reporting requirements (i.e., generator State and/or disposal State) and obtain current State reporting forms. A completed draft of all required forms, with applicable attachments, shall be submitted to the KO for approval prior to submission to the Federal or State regulator. The State reporting forms shall also be included within the Final Report.

3.4.3.4. Transportation and Disposal Tracking Form

The Contractor shall complete the Transportation and Disposal Tracking Form provided with the Task Order. This form allows the tracking of key T&D milestones throughout the performance of this Task Order. The form lists all waste materials going off-site. When tracking the waste, the Contractor shall identify the date that the transporter accepts the waste by their signature on the manifest.

3.4.3.5. Discrepancy Reports

Discrepancies due to differences between the quantities or types of hazardous waste designated on the manifest or shipping papers, and the quantity or type of hazardous waste a facility actually receives shall be reported to the KO and rectified by the Contractor within 15 days after receiving the waste. This information shall be presented in the Final Report.

3.3.3.6. Exception Reports

The Contractor shall verify if the generator or generator's representative has received a copy of the signed manifest from the TSDF on or before the 35th day after transporter signature. If the generator or generator's representative has failed to receive a signed copy of the manifest by the 44th day, the Contractor shall prepare a draft EPA exception report for KO approval. The Final Exception Report shall be submitted to the KO no later than the 45th day after transporter signature. This information shall also be presented in the Final Report. Prior to official submittal of Exception Report, a draft copy of the report shall be submitted to the KO for review. The Government will make every effort to conduct the approval process within five (5) working days after the KO receives the complete Exception Report.

3.4.3.6. Toxic Substance Control Act PCB Requirements

If specified in the Task Order, or in the event of discovery of equipment or containers, or any media including soil or water with PCB-contaminated fluid impacted by the work in Task Order, the Contractor shall:

a. notify the KO immediately and report the findings in writing as soon as possible;

b. complete and submit all necessary logs and reports in accordance with Federal and State laws and regulations;

c. satisfy all manifest and reporting requirements as specified in paragraphs COMPLETE MANIFEST

PACKAGE, and T & D REPORTING REQUIREMENTS above, and as otherwise applicable to the PCB containing material;

d. arrange for the proper disposal of the waste; and, when disposal is completed, certify that the PCB contaminated material was disposed properly in accordance with all Federal, State, and local laws and regulations; and

e. report all information concerning the incident, and include copies of all related documents in the Final Report.

3.4.4. On-Site Personnel

The Contractor shall utilize a trained, experienced on-site person to ensure that all on-site procedures for transportation and disposal of hazardous wastes are implemented and enforced on-site. The on-site person responsible for certification shall be trained as per D.O.T. regulations. The on-site person's qualifications shall be approved by the KO.

3.4.5. Contractor Responsibilities

The Contractor is responsible for total management of their Transportation and Disposal procedures including scheduling, control, and certification of all manifest submittals. An integral part of the certification procedure is proper identification of listed waste streams. The Contractor is responsible for reviewing generator supplied site documentation and submitting as part of the manifest package the logic relied upon in making the determination. If records or waste history are unavailable, the Contractor shall interview the generator or any available past site workers present when the waste was disposed to ascertain the origin of the waste.

If requested by the KO, the Contractor shall draft, for generator signature, a letter to the TSDF certifying that the…