ERS49MSectionLandM_OCT2020 AM0001.pdf

SECTION L- INSTRUCTIONS TO OFFERORS

INSTRUCTIONS TO OFFERORS

1. General Information:

1.1 This contract is for a Small Business (SB) Indefinite Delivery/ Indefinite Quantity (IDIQ) Single

Award Task Order Contract (SATOC) for Environmental Remediation Services with Military Munitions Response Program capabilities (ERS w/MMRP) under NAICS code 562910, Environmental Remediation Services, in support of the US Army Corps of Engineers (USACE) in the Continental United States (CONUS ) Alaska, Hawaii, and U.S. Territories with West Half of U.S. as primary coverage, with the Eastern half as secondary coverage. The successful Offeror shall provide services at sites within the geographic boundaries of the contract in accordance with the scope of this contract.

1.1

The U.S. Army Corps of Engineers (USACE), Omaha District intends to use competitive Source Selection Procedures in accordance with the provisions set forth in this solicitation, Federal Acquisition Regulation (FAR) Part 15.3, Department of Defense Federal Acquisition Regulation Supplement (DFARS) 215.3, Army Federal Acquisition Regulation Supplement (AFARS) 5115.3, Department of Defense Source Selection Procedures dated 1 April 2016, and the Army Source Selection Supplement (AS3) to the Department of Defense Source Selection Procedures dated 28 November 2017. The Government intends to solicit and award a Small Business Single Award Task Order Contract (SATOC) with a total contract capacity of $49M. The SATOC will have Firm Fixed Price (FFP) task orders. A minimum guarantee of $2,500 will be obligated at the time of base contract award, if the first task order is not available at that time.

The base ordering period for this SATOC is three (3) years. There will be one (1) optional ordering period of two (2) years, with a total ordering period up to five (5) years from the date of contract award, with an option to extend the SATOC an additional six (6) months in accordance with FAR Clause 52.217-8, Option to Extend Services. The Government’s decision to exercise an option will be contingent upon satisfactory contractor past performance and an informal survey of current market conditions. The decision to exercise the option is at the discretion of the Government.

Proposals submitted must be sufficiently detailed to allow for an effective and equitable evaluation by the Government. There will be no public opening of the proposals received as a result of this solicitation. Proposals submitted will become, upon receipt, the property of the U.S. Government and will not be returned. After evaluation of proposals, electronic copies will be retained for the official paperless contract file. All other copies will be destroyed or forwarded to the Field and Areas Offices in support of their contract administration functions.

1.2 There are no contract drawings associated with this Request for Proposal (RFP). Copies of the solicitation are available by INTERNET ACCESS ONLY. All solicitation documents will be posted through beta.SAM.gov.

1.3 To ensure timely and equitable evaluation of proposals, Offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, and those identified as evaluation factors. The Offeror shall submit in the proposal all requested information specified in this section of the RFP no later than the exact date and time specified. Failure to meet any requirement may result in an offer being ineligible for award.

1.4 The Contracting Officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the Contracting Officer will review this determination and if, in the Contracting Officer's opinion, adequate price competition exists, no additional cost information will be requested and certification under FAR 15.406-2 will not be required. However, if at any time during this competition, the Contracting Officer determines that adequate price competition no longer exists; offerors may be required to submit information to the extent necessary for the Contracting Officer to determine the reasonableness and affordability of the price.

1.5 North American Industry Classification System (NAICS) code Small Business Size Standard.

The NAICS code for this acquisition is 562910. The small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 750 employees (13 CFR Part 121, effective 26 February 2016).

1.6 Bidder Inquiry. Technical inquiries and questions relating to technical requirements, proposal procedures, etc. are to be submitted via Bidder Inquiry in ProjNet (https://www.projnet.org/projnet/) no later than ten (10) calendar days prior to the date set for receiving proposals, in order that they may be given consideration and actions are taken prior to receipt of offers. The Bidder Inquiry system is to be used to ask and receive answers to all non-proprietary questions.

To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below. A prospective vendor who submits a comment/question will receive an acknowledgement of their comment/question via email, followed by an answer to the comment/question after it has been processed by our technical team.

Project ID: W9128F-20-R-0046 Project Name: $49M Small Business ERS West Quick Add Key: 33B9Z4-7AAPE5

A. Registration for ProjNet Bidder Inquiry Access

If you are already registered, go to Entering Bidder Inquiries in ProjNet Bidder Inquiry System (“B,” below).

a) From the ProjNet home page link above, click on Quick Add on the upper right side of the screen.

• Identify the Agency. This should be marked as USACE.

• Key. Enter the Bidder Inquiry Key listed above.

• Email. Enter the email address you would like to use for communication.

b) Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

c) Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and Secret Answer as they will be used from this point on to access the ProjNet system.

d) Click Add User. You are now registered within ProjNet and are logged into the system.

B. Entering Bidder Inquiries in ProjNet Bidder Inquiry System

For future access to ProjNet, you will not be emailed any type of password. You will utilize your Secret Question and Secret Answer to log in.

a) From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

b) Identify the Agency. This should be marked as USACE.

c) Key. Enter the Bidder Inquiry Key listed above.

d) Email. Enter the email address you used to register previously in ProjNet.

e) Click Continue. A page will then open asking you to enter the answer to your Secret Question.

f) Enter your Secret Answer and click Login. Once this is completed you will be logged into the system.

g) Follow online screen instructions to enter specific bidder inquiries for the project.

C. Prior to submitting a new inquiry, Offerors are requested to review the solicitation in its entirety, and to review any and all existing inquiries and Government responses.

D. The Projnet call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

1.7 Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals.

1.8 If an Offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the Offeror shall immediately notify the Contracting Division in writing (email is the preferred method) with supporting rationale. The Offeror is reminded that the Government intends to award the resulting contract based on the initial proposal, as received, without discussions.

1.9 Other Information Required: Provide the name, title and telephone number of the company/division point of contact regarding decisions made with respect to your proposal and who can obligate your company contractually. Also, identify those individuals authorized to negotiate with the Government.

2. Specific Proposal Instructions

2.1 Proposal Expenses and Pre-contract Costs.

This solicitation does not commit the Government to pay any costs incurred in the preparation and submission of a proposal or for any other costs incurred by any firm submitting a proposal in response to this solicitation. The Government also will not be responsible for costs associated with preparing proposals for individual task orders. Finally, the Government will not pay for or subsidize any costs incurred for attendance at the pre-proposal conference or site visits for task orders. Note specifically that the Offeror will not be participating in a sealed bid procurement process under this acquisition method. Issuance of this solicitation does not constitute an award commitment on the part of the Government.

2.2 Discussions.

The Government reserves the right to discuss aspects of proposals with Offerors in the competitive range, which may be limited for efficiency (FAR Part 15.306(c)(2)), and to award a contract to other than the Offeror submitting the lowest-priced offer. Offerors are advised that the Government intends to award without discussions, clarifications or any contact concerning the proposals received (FAR Part 15.306(a)(2)).

Therefore, proposals should be submitted initially on the most favorable terms from a price and technical standpoint. Do not assume that Offerors will be contacted or afforded an opportunity to clarify, discuss or revise their proposals.

2.3 Accuracy.

Proposals must set forth full, accurate, and complete information as required by this RFP, (including attachments). The penalty for making false statements is prescribed in 18 U.S.C. 1001.

2.4 Proposal Submittal Instructions.

The offeror shall submit one (1) electronic version of Volumes I and II through email in accordance with the instructions provided below, in separate files at the time/date and location for acceptance of proposals as identified in Block 9 of the Standard 33 or as provided in the SF30 amendment (if proposal due date and time was extended). All electronic submissions shall be in Adobe PDF format with Optical Character Recognition (OCR) applied to all documents that will enable word searches to be conducted using Adobe-compatible PDF software. The two (2) volumes listed below shall be submitted as separate and individual files.

Table 1 –Submittals

Title the single files in the following format:

W9128F20R0046_ Company Name_Volume_I_Technical_Proposal

W9128F20R0046_ Company Name_Volume_II_Cost_and_Contract_Information

*Note: Company Name may be abbreviated

The following individuals are available to provide information if there are questions concerning delivery instructions of the proposal:

Ms. Ericka Collins, Ericka.t.collins@usace.army.mil 402-995-2116

Mr. Tyler Hegge, Tyler.Hegge@usace.army.mil 402-995-2048

INSTRUCTIONS FOR SUBMITTING ELECTRONIC PROPOSALS:

Volume I: Technical Proposal and Past Performance Information

Volume II: Cost Information and Representations, Certifications, and Other Statements of Offerors

In an effort to reduce paperwork and cost, all proposals shall be submitted electronically to email addresses listed above. Submission shall be in Adobe PDF format. Total size cannot exceed 35MB. If multiple emails are needed, please mark additional emails “1 of 2” and “2 of 2” to go along with the other instructions herein.

Offerors may use compression utility software such as WinZip or PKZip to reduce file size and facilitate transmission.

2.6 Proposal Characteristics.

2.6.1 Each volume shall contain a table of contents and all pages of each factor shall be sequentially numbered. Submit the SF 33, completed and signed by a person authorized by the Offeror.

2.6.2 Offeror shall submit a one page cover letter containing:

Solicitation number, W9128F20R0046 Name, title, address, email, and telephone number of Offeror.

Names, titles, emails, and telephone numbers of persons authorized to negotiate on the Offeror’s behalf with the Government in connection with this RFP.

Name, title and signature of the person authorized to sign the proposal.

A statement specifying agreement with all terms, conditions and provisions included in the RFP.

2.6.3 For the Contractor Team Arrangements including Joint Ventures, submit the information required in Section L, paragraph 5.5.1, “Contractor Teaming Arrangements”.

2.6.4 Offerors shall submit acknowledgement of all amendments to the RFP with the proposal submittal.

3.0 Proposal Format

3.1 Basic Proposal Information.

All proposals shall contain the information listed below and as required by this solicitation and be submitted as outlined in Table 2 – Proposal Format into severable volumes with a coversheet displaying the RFP number, contractor name, and an index of the sections of each volume. Proposal clarity, organization and the overall page limitation are required. The entire proposal shall be limited to the maximum number of pages identified in Table 2. The volumes shall include the following:

3.1.1 Solicitation number and volume number on the first page of each electronic file.

3.1.2 The prime, consortium, or joint venture’s name, address, telephone number, and e-mail address shall appear in the lower left corner of the proposal cover, title page and table of contents of any document/volume to be evaluated.

3.1.3 The name, title, and signature of the official that can bind the firm shall appear on the title page.

The CAGE code, DUNS and Tax ID number is also required.

3.1.4 Proposal volume cover format is at the proposer’s discretion as long as the information required by this paragraph and subsequent paragraphs is met.

3.1.5 Table of contents and a cross-reference to the solicitation paragraphs. Offerors shall include a cross reference table showing where solicitation requirements can be found in their proposal.

3.1.6 List of tables/figures/acronyms.

3.1.7 Page number. Pages for each factor should be separately and sequentially numbered (ie., first page submitted for evaluation of each factor should be “Volume 1,- Factor #,- Page 1”). The same format shall be followed for Factors 2 and 3.

3.2 Proposal Requirements

Table 2- Proposal Format

Transfer

File

Proposal Format – Factors are listed in descending order of importance

Maximum Page Count

#1

Volume I: Technical Proposal and Past Performance Information

Factors 1: Limited to ten (10) pages

Factor 2: This factor is exempt from page count.

CPARS and PPQ’s are exempt from page count. However, Tthe Offeror shall be limited to submission of a CPARS or PPQ’s evaluation for each project submitted in Factor 1,. Aand the Offeror shall submit a CPARS, if it is available for the project. Do not submit PPQs for projects evaluated via CPARS or CCASS. In the event an Offeror submits a PPQ for a project which a CPARS evaluation is available, the CPARS evaluation will be considered authoritative.

In addition to the project information requested in this section, the Offeror shall also provide notification and information concerning any projects where the right to proceed was terminated for default during the last three (3) years, or so state that there were none. The Offeror shall also provide a list of any environmentally-reportable incident violations and any environmental Notices of Violation (NOVs) received by any member of the Offeror’s team that may have occurred in the past three (3) years, or so state there were none. The Offeror shall also provide a list of OSHA violations and reported accidents by any member of the Offeror’s team in the past five (5) years or so state there were none.

This factor does not have a page count. The Offeror shall provide a list of Notices of Violation (NOVs) received. In addition, the Offeror should provide information on any environmentally-reportable incident violations and any environmental Notices of Violation (NOVs) received by any member of the Offeror’s team that may have occurred in the past three (3) years, or so state there were none. The Offeror shall also provide a list of OSHA violations and reported accidents by any member of the Offeror’s team in the past five (5) years or so state there were none. (This information is

Factor 1: Previous Experience

Factor 2: Past Performance

Factor 3: Resumes of Key Management Personnel for this Contract

#2

Volume II – Cost Information and Representations, Certifications, and Other Statements of Offerors

Exempt from page count

Tab 1: SF 33, Solicitation, Offer, and Award (Section A)

Tab 2: Representations, Certifications and Other Statements of Offerors (Section K)

Tab 3: Binding Labor Rate Schedule (Section B), Binding Cap Rate Schedule, Maximum Profit

Tab 4: Cost Price Spreadsheet (Section J)

Tab 5: Contractual Arrangements

Tab 5: Contractual Arrangements

3.3. Page Format Restrictions and Limitations. Page Format Restrictions and Limitations. Pages included in page count shall include all pages inclusive of text pages, charts, graphs, figures, diagrams, schematics, etc., unless specifically stated as exempt from the page count in Table 2 – Proposal Format above or paragraph 3.4 below. Outlines and other similar information documents shall be included as numbered pages - no exceptions. The number of pages per factor shown in Table 2 above may be varied by the Offeror to suit its needs for certain identified factors, however, the total number of pages for the volume shall not exceed the maximum page count indicated in Table 2 for that volume. Excess pages will not be read or considered in the evaluation of the proposal.

The volumes are limited to single-spaced typewritten pages using no smaller than 10-point proportional font (Times New Roman) or equivalent as the "normal" size standards. No “condensed” fonts shall be utilized. All text shall be legible and easily read. Font size in tables, charts, graphs and figures shall be no smaller than 10-pt, regardless of font used.

3.4. Pages Counted. Each page shall be counted except the following: cover page, tables of contents, title pages, lists of tables/figures/acronyms, glossaries, blank pages, separator pages, CPARS reports, PPQs (if applicable), cross-reference tables, and Volume II, in its entirety.

3.5. Page Size: Unless otherwise stated, a “page” is defined as being one side of an 8.5” x 11” sheet of paper. Pages shall be typewritten except for reproduced sections of the solicitation document. Margins on all four edges of each sheet shall be at least one-half (0.5) inch regardless of paper size. Margins shall be free and clear of any text except for proprietary statements, security markings and page numbers which may fall within the defined margin area. Solicitation number and company name of Offeror may also be included within the margins. Legible tables, charts, graphs and figures shall be used wherever practical to depict, for example: organizations, systems and layouts, implementation schedules, plans, etc. However, if an offeror utilizes an 11”x 17” page, it shall count and be numbered as two (2) pages. These displays shall be uncomplicated, legible and shall not exceed 11” x 17” in size.

4.0 Volume Content. Proposals submitted in response to this solicitation shall include the requirements for each factor described below.

4.1. Volume 1, Factor 1 – Summary of Previous Experience.

4.1.1. A project is defined as: Work performed pursuant to one specific task order of an indefinite delivery/indefinite quantity (IDIQ) type contract which has one specific past performance evaluation in CPARS or via completion of a PPQ. Multiple ID/IQ task orders combined together does not meet the definition of “project.” An ID/IQ type contract or the performance of work pursuant to multiple task orders of an ID/IQ type contract does not represent a "project" within this definition. If the Offeror provides a specific task order as its "project," it shall provide the base contract number and the task order number for reference purposes. If the Offeror provides a site-specific contract as its "project," it shall provide the contract number for reference purposes. Projects must have been completed within the last five (5) years from the initial proposal due date.

For the purposes of evaluating previous experience, only the Series LLC Managing Member’s previous experience may be used as the “Offeror” previous experience.

4.1.2. Presentation of Previous Experience: The Offeror shall submit five (5) examples of completed projects which demonstrate relatable remedial actionERS experience as described in Section C of this solicitation. The projects selected should show diversity in the types of work accomplished by the firm to accomplish the work identified in Section C of this solicitation, including, but not limited to, demonstrated experience using teaming partners that will be a part of the contract resulting from this solicitation; demonstrated experience using the Offeror’s key personnel that will be directly involved in the contract resulting from this solicitation, including their role(s) on the previous experience project(s);

and demonstrated experience experience in ERSin Remedial Action Projects, including significant and complex water treatment projects with an explanation why the project(s) are considered complex. The Offeror shall also provide the dollar value of the project, any regulatory oversight, and any distinctive and/or unique features of the project.

Projects which include, but are not limited to, architectural-engineering (A-E) services and Advisory and Assistance Services (AAS) are not considered relevant to the Section C, Performance Work Statement.

The Offeror may include both government and commercial work. The offeror must have been the Prime Contractor or Joint Venture partner on the project. The Offeror shall also describe its primary role/duties in execution of the work (i.e. the major components of the project which were completed by the prime’s staff/personnel and major components which were subcontracted out). Note: Previous experience from a named teaming subcontractor or other subcontractor is not an acceptable presentation of previous experience.

Project #1 and #2 HTRW Non-MMRP Defense Environmental Restoration Program (DERP) Projects shall each have a minimum contract value equal to or greater than $4,000,000 executed by the Offeror with successful outcomes. The projects shall demonstrate the successful performance of an HTRW Non-MMRP DERP project executed under CERCLA or RCRA authorities.

Project #3 MMRP Project shall each have a minimum contract value equal to or greater than $2,000,000 executed by the Offeror with successful outcomes. The projects shall demonstrate the successful performance of an MMRP project executed under CERCLA or RCRA authorities. Activities associates with small arms and skeet work are not considered MMRP. The MMRP project must have remedial services for MEC.

Projects #4 and 5 – ERS (i.e., Section C, paragraphs 2.1 - 2.3) Projects. Projects #4 and #5 should demonstrate the Offeror’s capability to successfully perform projects of the type described in the Description of Work and Scope of Work in Section C of this solicitation as a potential project under this contract and project was executed under CERCLA or RCRA authorities. Projects #4 and 5 shall have a minimum contract value equal to or greater than $1,000,000.

All of the projects submitted shall be for the Federal Government.

4.1.3. Information on Previous Experience. The following information shall be included as a minimum in the presentation of previous experience for all projects:

Project #: Name of project and location (City and State, or Military Installation Name and State, if appropriate)

General narrative overview of the site including project description including issues related to the triple constraint of time, scope, and costs. Major accomplishments of the project shall be highlighted.

List of key personnel (included in Section 4.3) and their role on this project. The Offeror should indicate which of the key personnel are currently employed by the firm or if they are employed by a subcontractor or teaming partner.

Project performance issues. Examples include cost/schedule, health and safety issues, regulatory/stakeholder issues and other performance issues and how those issues were resolved.

Contract Information shall include:

1. Customer (agency, military branch, state, city, etc.)

2. Solicitation Number

3.2. Contract and (if applicable) task order number, at award.

4.3. Contract/task order title.

5.4. Contract/task order award date.

6.5. Notice to Proceed (NTP) date (if applicable).

7.6. Project completion date.

8.7. Project duration (days).

9.8. Contract/task Order cost at award.

10.9. Final Contract/task order cost to the Government/Customer.

11.10. Location of work (City State, Territory, Commonwealth etc).

12.11. Individual Point of Contact for the customer/client.

a. Name

b. Title

c. Role (Contracting Officer, Program Manager, etc.)

d. Mailing address.

e. Phone number (work)

f. Email address

13. Name of Company awarded the contract. If this differs from the company name of the Offeror for this solicitation, explain why (for example, if the current Offeror was then a member of Joint Venture working under a different company name).

14. Affirmatively state that your firm was the Prime Contractor (either singly or as part of a Joint Venture) for the project.

15. Description of work performed.

16. Explanation of how the work performed is relevant to this solicitation.

The Offeror is responsible for providing current contract information for the individual listed. The Government has the option to contact this individual directly to verify past performance.

Regulatory Involvement. In order to evaluate the Offeror’s ability to create and maintain a cooperative working environment with State and/or US Environmental Protection Agency (USEPA) regulators, the Offeror should provide information, which demonstrates experience with submitting accurate and timely reporting/regulatory submittals in accordance with regulatory requirements shall include, at a minimum:

a. Regulators Name, Organization, and Contact information.

b. Regulatory Program (Hazardous Waste & Materials, Title V, National Historic

Preservation Act, Endangered Species Act, or other regulatory driver).

Effective resolution of regulatory issues, expediting regulatory closure, or other information demonstrating ability to work constructively with the regulatory community.

4.2. Volume I, Factor 2 – Past Performance. The Offeror shall provide past performance information for each project listed in the Offeror’s response to Volume I, Factor 1, Summary of Previous Experience. The Offeror shall submit a CPARS rating, if it is available for the project. If a CPARS rating is not available, a Past Performance Questionnaire (PPQ) is also acceptable. CPARS/CCASS Ratings will be given more weight than PPQs. Previously completed PPQs are acceptable. Do not submit PPQs for projects evaluated via CPARS or CCASS. In the event an Offeror submits a PPQ for a project for which a CPARS evaluation is available, the CPARS evaluation will be considered authoritative. The titles of the projects shall be consistent with the previous experience projects submitted at Factor 1.

For each project, the Offeror shall include: Project # - Title (matching Factor 1), Contract and task order number as applicable, a client point of contact including email and telephone number. Common aspects of relevancy include similarity of services/support, complexity, dollar value, contract type, work for federal or nonfederal clients, and degree of subcontracting/teaming. With respect to relevancy, more relevant past performance will typically be a stronger predictor of future success and have more influence on the past performance confidence assessment than past performance of less relevance.

If the Government does not receive past performance information for the project(s) identified by the Offeror and cannot establish a past performance record for the Offeror through other sources, or the Offeror has no past performance record, the Offeror will be given a “neutral” confidence rating. In rating past performance, the Government may consider available past performance information on predecessor companies, employment histories of key personnel, or major subcontractors performing key elements of the project.

The Government reserves the right to obtain past performance information from any available source. The Government will consider information submitted by the Offeror, as well as any other relevant and reliable information obtained from any available source. The Government will consider information submitted in Government databases such as Contractor Performance Assessment Reporting System (CPARS), as well as any other relevant and reliable sources of documented past performance information. The Government will evaluate the relevancy of the information, the source of the information, and general trends in performance, along with any other information, which may help the Government, assess performance risk.

Information on significant problems encountered, customer dissatisfaction, and corrective actions taken should be provided.

The Government reserves the right to contact any and all individuals identified in the projects submitted for Volume I, Factor 1, Summary of Previous Experience. It is the responsibility of the Offeror to provide current contact information for the individual identified therein. The Offeror may provide additional points of contact (POCs) with the customer (prime contractor, if appropriate). The POC information should include the POC’s title, telephone number and e-mail address. The POCs may be contacted to assess the scope of work performed and to evaluate performance of the projects listed under the Previous Experience tab of Section I under this Volume I, if necessary. The intent of this past performance information is to provide POC information, not reiterate information provided in Volume I, Factor 1, Summary of Previous Experience.

The Government intends to assess the relative risks associated with the Offeror's performance based on the past performance information provided in the proposal. A significant achievement, unexplained or unresolved problem, or lack of relevant data may significantly impact the risk rating by the Government.

Therefore, it is incumbent upon the Offeror to include all relevant information, including demonstrated corrective actions, in its proposal.

4.2.1. Notice of Violations (NOVs). In addition to the project information requested in this section, the Offeror shall also provide notification and information concerning any projects where the right to proceed was terminated for default during the last three (3) years, or so state that there were none. The Offeror shall also provide a list of any environmentally-reportable incident violations and any environmental Notices of Violation (NOVs) received by any member of the Offeror’s team that may have occurred in the past three

(3) years, or so state there were none. The Offeror shall also provide a list of OSHA violations and reported accidents by any member of the Offeror’s team in the past five (5) years or so state there were none.

4.3. Volume 1, Factor 3 - Resumes of Key Management Personnel. The Offeror shall provide the resumes of the key management personnel, which it expects will oversee the work that will be executed under this contract. Specifically, the Offeror shall provide a resume for the disciplines listed below. The resumes should clearly display proposed job title, education, special qualifications and experience record showing title, specific duties, responsibilities and assignments within at least the last five (5) years. Indicate experience and responsibilities of those key personnel on firm-fixed price and performance-based contracts.

The purpose of this submittal is to identify level of expertise available for this contract. A recommended resume template is included in Section J. Arrange resumes in proposal in the order listed in this solicitation.

NOTE: After contract award, the Contracting Officer shall approve replacement of any key personnel after verifying that they meet or exceed the requirements of the solicitation.

4.3.1. Program Manager (Resume 1). The Contractor shall designate one (1) individual as the Program Manager that serves as a single point of contact for coordination of contractual issues with USACE. The Program Manager will be responsible for the overall management of the contract including cost, schedule and technical quality. The Program Manager shall be competent, experienced and knowledgeable in the full range of ERS activities. These activities should include experience in investigations, studies, designs, remediation, short-term operations and maintenance, and with the specific activities identified in this contract. The Program Manager shall take immediate corrective action when performance is not acceptable to USACE. The Program Manager will oversee the development and implementation of record keeping, administrative and quality control programs. The Program Manager shall meet or exceed the following qualifications:

The Program Manager shall be an employee of the Offeror/Prime Contractor.

The Program Manager shall meet or exceed the qualifications and requirements as documented in Section C of this solicitation.

4.3.23. Contractor Quality Control Supervisor (CQCS) (Resume 2). The Contractor shall provide one

(1) individual who is trained within its organization to be responsible for overall management of Contractor Quality Control (CQC) and have the authority to act in all CQC matters. The CQCS is responsible to ensure compliance with the requirements identified in the Performance Work Statement and the Contractor Quality Control Plan (CQC Plan). The CQCS shall meet or exceed the following qualifications:

The individual proposed as the CQCS shall be an employee of the Offeror/Prime Contractor.

The CQCS shall meet or exceed the qualifications and requirements as documented in Section C of this solicitation.

4.3.34. Safety and Health Manager (SHM)/Certified Industrial Hygienist (CIH) (Resume 3). The Contractor shall provide one (1) individual who is trained within its organization to be responsible for overall management of Safety and Health and have the authority to act in all Safety and Health matters.

The SHM/CIH shall possess the authority to shut down the site work if/when Health and Safety becomes an issue. The SHM/CIH shall enlist the support of safety and occupational health professionals with appropriate education and experience when working on sites with multiple (chemical, safety, ionizing radiation) hazards. The SHM/CIH shall be responsible for the following actions:

Developing, maintaining, and overseeing implementation of the Site Safety Health Plan

(SSHP);

Visiting the project as needed to audit the effectiveness of the SSHP;

Remaining available for project emergencies;

Developing modifications to the SSHP as needed;

Evaluating occupational exposure monitoring/air sampling data and adjusting SSHP requirements as necessary;

Serving as a QC staff member;

Approving the SSHP by signature.

The SHM/CIH shall meet or exceed the following qualifications:

The individual proposed as the SHM/CIH shall be an employee of the Offeror/Prime Contractor.

The SHM/CIH shall meet or exceed the qualifications and requirements as documented in Section C of this solicitation.

Note: Resumes of other personnel (i.e., project manager, engineers, field and technical staff, etc.) may be required as part of task order proposals to verify that they meet the qualifications of the solicitation specified in Section C.

5. Volume II – Price Information and Representations, Certifications, and Other Statements of

Offerors.

5.1. Volume II, Tab 1: SF 33, Solicitation, Offer, and Award (Section A) (Not Evaluated). The offeror shall complete, in its entirety, all of Section A (SF33) that applies to the Offeror and it shall be signed and dated by an official with the authority to legally bind the company. The Offeror shall also acknowledge all amendments to the solicitation in accordance with the instructions on the SF 30, if applicable.

5.2. Volume II, Tab 2: Representations and Certifications (Section K) (Not Evaluated). In accordance with FAR 4.1102, all Offerors must be registered in SAM at the time an offer is submitted.

The Offeror shall fill out in its entirety all of Section K that applies to the Offeror. The Offeror’s responsibility will be reviewed in accordance with FAR Part 9. Annual Representations and Certifications will be obtained through the System for Award Management (SAM.gov).

5.3. Volume II, Tab 3: Rate Tables.

5.3.1. Binding Capped Labor Rate Schedule (Firm Fixed Price Task Orders). The Offeror shall complete the Binding Capped Labor Rate Schedule (Section B), Table 1 in its entirety. The Offeror shall propose the hourly unburdened and burdened rates for all of the labor categories identified in the Binding Capped Labor Rate Schedule. Failure to do so may result in an Offeror being excluded from consideration for award.

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.

Offerors shall show only one (1) rate per labor discipline, including those provided by subcontractors.

Offerors may not have all labor disciplines covered by its personnel; therefore, if those personnel are subcontracted, their rates shall be provided in the table as well. All subcontracted personnel shall be identified on the table by including “SUB” after the title of the discipline.

Hourly burdened labor rates proposed in Section B will be legally binding and will be the maximum rate the Offeror shall use for all firm-fixed price task orders and firm-fixed price task order modifications issued during the life of the contract. However, the Offeror can propose labor rates that are lower on Firm-Fixed Price task orders.

If the cost for a certain labor discipline in Table 1 is included in an Offeror’s overhead rates as part of the Offeror’s standard accounting system, the Offeror shall enter “Not Applicable” and include an explanation below the table regarding how that discipline’s costs are accounted for under the Offeror’s standard accounting practices.

Joint Ventures (JV) shall submit a single maximum rate in Table 1 for the JV.

If a labor discipline(s) is not listed in Table 1 and is needed for a specific FFP task order, the rate for that labor discipline(s) will be negotiated before award of the specific task order.

Failure to complete Table 1 in its entirety and/or to provide the requested supporting information may result in an Offeror being excluded from consideration for award.

The Government reserves the right to request information other than certified cost or pricing data from the Offerors in order to assess the reasonableness of the proposed labor rates.

The Offeror shall complete the Section B, Table 2, Escalation Rate, in its entirety and use that rate for completion of Table 1. Should the Offeror decide to provide additional information, it should be submitted in Volume II, Tab 3.

5.3.2. Binding Capped Rate (Firm-Fixed Price Task Orders). The Offerors shall complete the Binding Capped Rate (Section B), Table 4 in its entirety. The Binding Cap Rates will be legally binding and shall be the maximum rates that the Offerors will use on all task orders and modifications issued during the fiveseven (57) year period of performance of the contract (base and option terms) for both firm-fixed price task orders. NOTE: Depending on an Offeror's accounting structure, an Offeror may have just a G&A rate and not Home Office Overhead; or both. The intent is to provide Offerors the flexibility in proposing a rate for both if their accounting structure permitted. If an Offeror only has one rate (e.g. Home Office Overhead) and not the other (e.g. G&A), they can mark the G&A as not applicable in the Binding Cap Rate Schedule.

In addition, the Offeror, may modify Table 45 top accommodate its accounting practices.

The Offeror shall provide an example of how binding capped rates are applied to the unburdened labor rate to arrive at the fully burdened labor rate. If the Offeror has separate home office overhead and field overhead rate applications, both applications shall be shown.

An example of a G&A expense rate computation is listed below in Table 4 and may be used as a guide.

Note that the list is not inclusive of all allowable or unallowable costs:

Table 4- G&A Expense Rate Computation Example

Indirect Salaries $100,000 Officers’ Salaries $85,000 Payroll Taxes $9,500 Insurance $14,500 Rent $35,000 Utilities $14,000 Repairs & Maintenance $6,500 Interest Expense -0- * Advertising -0- * Office Supplies $1,500 Personal Property Taxes $2,200 Contributions -0- * Depreciation Office Equipment

$ 8,500

Legal Fees $ 3,500 Bad Debts -0- * State Income Taxes $7,500

TOTAL G&A EXPENSE $287,700

Total Direct Labor $3,000,000 Add Labor Burden @ 35%

$1,050,000

Other Direct Costs $3,000,000

TOTAL BASE $7,050,000

Percentage Computation

G&A Expenses

$287,700

= 4.08%

Base $7,050,000

* Examples of unallowable costs in accordance with FAR Part 31. All costs unallowable by FAR Part 31 should be removed from overhead pools before computation of the submitted rate.

Overhead is ongoing indirect expenses of operating a business. Overheads are the expenditure which cannot be conveniently traced to or identified with any particular cost unit, unlike operating expenses such as direct labor. Examples of overhead expenses include insurance, rent, taxes, telephone bills, and utilities. All expenses included in overhead must be allowable, allocable and reasonable in accordance with FAR 31.

Each binding rate must be substantiated by either the provided audit documentation or financial information provided by a person qualified to ensure the information is complete and accurate, e.g., submitted by a Certified Public Accountant. Offerors shall provide an explanation for any deviations in their proposed binding rates from the rates that are substantiated by either the audit documentation or financial data.

Failure to complete Table 5 in its entirety and/or failure to provide the information as required by this section may result in an Offeror being excluded from consideration for award.

Please include in Section B, Table 4 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 subcontracts, and to all direct labor, indicate that G&A application in Table 4.

5.3.34. Binding Profit. The Offeror shall complete the Maximum Profit, Table 3. The proposed maximum profit rate in Table 3 will be legally binding and shall be the maximum profit rate the Offeror will be allowed to use on all firm-fixed price task orders and modifications issued during the period of performance of the contract (base and option terms). The maximum profit rate shall be binding even if the Weighted Guidelines Method would result in a higher profit. The maximum profit rate shall not be construed as a “fixed” profit percentage for all Task Order or Modification actions. If Weighted Guidelines Method calculations indicate a lower profit is merited, the lower profit percentage shall be applied. The Offeror is allowed to propose a lower rate on individual task orders in order to remain competitive.

The Offeror shall propose a single rate for profit. The Offeror shall not propose separate maximum rates for subcontractors or Joint Venture partners. The Offeror shall not submit different maximum rates for self-performed work and subcontracted work.

5.4. Volume II, Tab 4: PriceCost Spreadsheet. The Offeror shall complete the Cost Spreadsheet (reference Section J) in its entirety. Failure to complete the Cost Spreadsheet in its entirety may result in an Offeror being excluded from consideration for award.

The Offeror shall complete the information required by the Cost Spreadsheet in its entirety, to include identified home office and field office personnel and associated markups.

The Offeror shall utilize the first year Burdened Hourly Labor Rates proposed in Section B, Table 1 since the Year 1 fully burdened labor rates and the labor rates for key personnel should be the same. For the purposes of the Cost Spreadsheet, the Offeror shall not discount their Fully Burdened Hourly Labor Rates.

The Offeror shall utilize the Binding Cap Rates proposed in Section B, Table 4. For the purposes of the Cost Spreadsheet, the Offeror shall not discount their Binding Cap Rates.

The Offeror shall utilize the maximum profit rate proposed in Section B, Table 3. For the purposes of the Cost Spreadsheet, the Offeror shall not discount their maximum profit rate.

Price analysis will be performed on the binding rates in accordance with FAR 15.404. Cost analysis and will be conducted on the cost spreadsheet in accordance with FAR 15.404. The Government reserves the right to request additional data other than certified cost or pricing data in order to determine the prices are fair and reasonable.

The Offeror shall complete the Price Proposal Spreadsheet (reference Section J) in its entirety. Failure to complete the Price Proposal Spreadsheet in its entirety may result in an offeror being excluded from consideration for award.

The offeror shall complete the information required by the Price Proposal Spreadsheet in its entirety, to include identified labor rates, markups on ODCs and subcontracts, and profit.

The offeror shall utilize the appropriate year’s Burdened Hourly Labor Rates proposed in Section B, Table 1. For the purposes of the Price Proposal Spreadsheet, the offeror shall not discount their Fully Burdened Hourly Labor Rates.

The offeror shall utilize the Binding Cap Rates proposed in Section B, Table 4. For the purposes of the Price Proposal Spreadsheet, the offeror shall not discount their Binding Cap Rates.

Please note that any indirect rate included in the price proposal spreadsheet must be included in Section B, Table 4 along with a full description of that additional indirect rate.

The offeror shall utilize the maximum profit rate proposed in Section B, Table 3. For the purposes of the Price Proposal Spreadsheet, the offeror shall not discount their maximum profit rate.

The Government reserves the right to request additional data other than certified cost or pricing data in order to determine the prices are fair and reasonable.

5.5. Volume II, Tab 5: Contractual Arrangements.

5.5.1. Contractor Team Arrangement Other Than Joint Venture. All Offerors proposing a team arrangement other than a Joint Venture shall submit the following information:

a. Provide a listing of the team arrangement members’ corporate name (no abbreviations), address, point of contact, phone number, DUNS Number, and Cage Code.

b. Indicate to what extent the members of this team arrangement have worked together in the past, including identifications of magnitude and complexity of projects worked on.

c. Submit a copy of the signed team arrangement agreement or binding letter of commitment between each team member. All team arrangement agreements and letters of commitment shall:

(1) clearly identify the expected relationship, roles and responsibilities between the firms, prime contractor, and of the subcontractor or other entity (type and proportion of work to be performed); and

(2) shall be signed by the appropriate individual(s) of each firm.

5.5.2. Joint Venture Team Arrangement. No contract may be awarded to a Joint Venture that is not registered in the System for Award Management (SAM) database. The joint venture must have its own Data Universal Numbering System (DUNS) number and register as such.

All Offerors proposing a Joint Venture, shall submit the following information:

a. In the cover letter of your proposal, provide the complete names, addresses, and phone numbers of the firms comprising the joint venture.

b. A copy of the signed Joint Venture agreement in accordance with FAR 19.101.

c. In addition to the requirements stated above, and to assure a single point of contact for resolution of contractual matters and payments, the Offeror shall submit a certificate signed by each participant in the joint venture containing the following statement:

“The parties hereto expressly understand and agree as follows: (1) (name, title, and company) is the principal representative of the joint venture. As such, all communications regarding the administration of the contract and the performance of the work there under may be directed to him or her. In the absence of (same name, title, and company), (enter name, title, and company of alternate) is the alternate principal representative of the joint venture. These individuals have authority to sign on behalf of the joint venture. (2) Direction, approvals, required notices, and all other communications from the Government to the joint venture, including transmittal of payments by the Government, shall be directed to (enter name, title, and company of principal), principal representative of the joint venture.”

NOTE: Provide telephone numbers and email addresses for the points of contact listed in the above statement.

5.5.3. Integrity And Validity Of Team Arrangements.