Am 0004 - RFP W9128F21R0033.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

The purpose of this amendment is to revise Section B of the RFP.

All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 9

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

16C. DATE SIGNED

BY 16-Apr-2021

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 W9128F21R0033

X 9B. DATED (SEE ITEM 11)

12-Mar-2021

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 is extended, X 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 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-Apr-2021

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:

W9128F21R0033

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION B - SUPPLIES OR SERVICES AND PRICES

The following have been modified:

LABOR RATE SCHEDULE

12 March 2021

SECTION B - SUPPLIES OR SERVICES AND PRICES

1. Contract Definition The contract awarded under this solicitation will be an Indefinite Delivery/Indefinite Quantity (ID/IQ), Multiple Award Task Order (MATOC) contract for Environmental Remediation Services (ERS) under NAICS Code 562910, in support of the U.S. Army Corps of Engineers, Northwestern Division, Omaha District(USACE) and its existing customers. Task orders will be issued as the need arises during the ordering period. The contract will include Firm- Fixed Price or cost reimbursement (i.e. CPFF) task orders, for Environmental Remediation Services as identified in Section C.

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

2. Total Amount of Contract The total amount of contract capacity under this solicitation is estimated at $240 Million. There is no limit on the number of task orders that may be executed against this MATOC. A target of ten (10) awards will be made under this MATOC.

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

4. Performance Period The contract will have a basic ordering period of three years plus one two-year option period or until the $240 million contract limit is reached, whichever comes first. This contract also includes the clause 52.217-8 Option to Extend Services, which if necessary, allows the Government to extend the term of the Contract an additional six (6) months. The total length of the contract ordering period, including the exercise of all option periods, will not exceed five years and six months from date of contract award. A task order may have a period of performance that extends beyond the ordering period but will not exceed five years beyond the last day of the ordering period.

5. Pricing Firm-Fixed Price (FFP) Task Orders.

5.1 Binding Capped Hourly Labor Rates

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

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

Labor Discipline

U nb ur de ne d

La bo r R at e

(B as e Pe ri od

B ur de ne d La bo r

R at e (B as e

Pe ri od

Y ea r 1)

B ur de ne d La bo r

R at e (B as e

Pe ri od

Y ea

2) de ne d La bo r

R at e (B as e

Pe ri od

Y ea

3) de ne d La bo r

R at e (O pt io n Pe ri od

Y ea

4) de ne d La bo r

R at e (O pt io n Pe ri od

Y ea

5) de ne d La bo r

R at e (6

M on th

E xt en sio n)

0001 - Program Manager

0002 – Project Manager

0003 – Contractor Quality Control Supervisor (CQCS)

0004 – Safety and Health Manager

(SHM)

0005 – Site Safety & Health Officer

(SSHO)

0006 – Geologist

0007 – Field/ Junior Geologist

0008 – Hydrologist

0009 – Geotechnical Engineer

0010 - Geophysicist

0011 – Program Chemist

0012- Chemist

0013– Risk Assessor/ Toxicologist

0014 – Civil Engineer

0015 – Environmental Engineer

0016 – Process Engineer

0017 – Engineer-Junior Engineer

0018 – Engineering Technician

0019 – Biologist

0020 – Regulatory Specialist

0021 – GIS Specialist

0022 – Estimator

0023 – Site Superintendent/ On-Site Supervisor

0024 – Field Technician

0025 – Hazardous Waste/Transportation Specialist

0026 – CADD Operator

0027- Clerical

0028- Data Processor

029- Data Base Administrator

0030- Community Relation Specialist

0031- Procurement Specialist

0032- Specification Writer

0033- Dive Supervisor

0034 - Senior Contracts Manager

0035 - Senior UXO Supervisor

0036 - UXO QC Supervisor

0037 - UXO Safety Officer

Provide a burdening calculation for the disciplines listed below, for example:

Burdened Rate = Applicable DoL Wage Rate (including haz pay if required) (Amendment #0001) x (1 + FOOH) x (1 + G&A).

Burdening Rate Calculation

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

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

5.1.3. The rates shown per labor discipline shall be fully burdened rates, exclusive of profit. For any subcontractor rates, the offeror must show a calculation for how the fully burdened sub rate was developed.

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

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

5.1.6. If a discipline is not listed in the contract rate pricing schedule and is required for the contractor to perform a specific task order, the contractor may propose the required labor category and provide the unburdened labor rate along with all applied direct and indirect costs which formulate the fully burdened labor rate (exclusive of profit) in the proposal submitted in response to the issued Request for Task Order Proposal (RTOP).

5.1.7. If during the contract Period of Performance, the Offeror’s original key personnel are no longer available, the Offeror shall replace these individuals with personnel whom, at a minimum, meet the minimum qualifications specified in the contract. The Offeror shall be responsible for negotiating labor rates for those personnel that do not exceed the rates provided in Table 1, which are the maximum rates the Government will pay for any personnel. The Contractor shall submit the replacement personnel’s qualifications to the Contracting Officer for approval.

5.1.8. The applicable capped labor rates shall be governed by the effective date of the task order. Task orders will use the prices for the 12-month period effective on the date the task order is issued. Modifications to task orders will reflect the rates of the “current 12-month” binding labor rate schedule. For example, if the rate schedule changes over on 1 November of each year, and a Task Order is issue on 1 September 2021 for 12 months work, the maximum rates will be the rates that were effective on 1 November 2020. Under the same assumptions, if a modification to the Task Order is required in December 2021, the Binding Cap Rates effective on 1 November 2021 will apply.

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

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

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

Offerors shall provide an example of how the markups are applied to the unburdened labor rates in proposal submittal per Section L, paragraph 5.3.

5.1.12. Additional hazard pay for disciplines will be evaluated at the task order level for projects involving the performance of hazardous duty or work involving physical hardship. Hazardous pay will not be included or evaluated at the base IDIQ MATOC level for labor disciplines (Amendment #0001).

5.2 Firm-Fixed Price Escalation and Maximum Profit

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

Table 2: Escalation Rate

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

Contractor will be allowed to propose for all firm-fixed-price task orders and modifications issued under this contract.

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

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

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

6. Cost Reimbursable Task Orders The contractor shall have the ability to support cost reimbursement task orders (i.e., an adequate cost accounting system for determining costs applicable to the contract order and an acceptable purchasing system). The Government reserves the right to request a Defense Contract Audit Agency (DCAA) audit prior to or after contract award. Additionally, each cost reimbursable task order issued will be subject to DCAA Audit. The contractor shall be reimbursed for all allocable, allowable and reasonable costs in accordance with FAR Part 31 up to the "estimated" cost for work specified in the task order scope of work. The task orders will be issued as a completion form Cost Plus Fixed Fee (CPFF). The Government will not reimburse the contractor for preparation and negotiation of task orders.

6.1 Accounting System

The contractor will use DCAA approved forward pricing rates or Certified Public Accountant (CPA) established cost pools in accordance with FAR Part 31 for applied Overhead, G&A, and other indirect applied rates, and shall have an accounting system that is in compliance with Generally Accepted Accounting Principles (GAAP). The Cost Accounting System must be determined by the Government to be adequate for determining costs applicable to the contract or order prior to contract award, in accordance with FAR 16.301-3. In order for the Government to make the determination, the Offeror should complete the Standard Form 1408 "Preaward Survey of Prospective Contractor Accounting System" and submit the SF 1408 with its proposal, if the Offeror does not have a current DCAA audit specifying that the Cost Accounting System is adequate. The offeror will submit the DCAA audit specifying that the offeror’s accounting system is adequate for determining costs to the contract or order or the offeror will submit a completed SF1408.

6.2 Fixed Fee

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

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

Table 4: Maximum Fixed Fee

7. Binding Capped Rates for Firm-Fixed Price and Cost-Plus Fixed Fee Task Orders (Am 0004)

7.1. The Binding Capped Rates represent the maximum Overhead, G&A, or other Indirect rates that the Contractor shall use when responding to a RTOP issued by the Government. These rates are applicable to all Firm-Fixed Price and Cost-Plus Fixed Fee (Am 0004) task orders shall also apply to all modifications. The Offeror may use lower rates in proposals, but not higher. Overhead, G&A, and other indirect rates become the cap for that specific task order. However, it does not affect the Overhead, G&A and other indirect rates used on other task orders. The Offeror shall provide the rates for each applied rate, e.g., Overhead, G&A, and other indirect rates in Table 5. The capped rates provided by the Offeror are binding upon contract award for the life of the MATOC, to include all option periods and extensions.

7.2. The Offeror shall also provide an example of how the rates are applied to Direct Labor, Subcontractor costs, materials costs, and other direct costs.

Table 5: Binding Indirect Capped Rates

Indirect Rate Category Base

Period (Year 1)

Base Period

(Year 2)

Base Period

(Year 3)

Opt. Period (Year 4)

Opt. Period (Year 5)

6-Month Opt. to Extend

Home Office Overhead (HOOH) Rate

Field Office Overhead (FOOH) Rate, if applicable

Fringe Benefits, if separate from HOOH and/or FOOH

General & Administrative (G&A) Rate, if applicable

Other (Identify)

Other (Identify) Note: As stated in Section L, 5.3.2: the offeror, may modify Table 5 to accommodate its accounting practices (Am 0004)

7.2.1. The Binding Indirect Capped Rates represent 1) a breakout of the caps/markups incorporated into the Binding Labor Rate Schedule; 2) caps/markups on materials/services; and 3) caps/markups to be applied to future task order modifications.

7.2.2. The Binding Indirect Capped Rates represent the maximum rates that the Contractor shall use when responding to a task order request issued by the Government. These Binding Indirect Capped Rates shall also apply to all modifications. The Contractor may propose lower rates for these when responding to the task order request or modification requests.

7.2.3. Adherence to these rates will be reviewed through submittal of supporting documentation by the Contractor with each task order proposal. Failure to propose the binding rates or a lower rate may result in the Contractor’s task order proposal being rejected for award consideration.

7.2.4. The Binding Cap Rates shall be governed by the effective date of the Task Order. Task Orders will use the prices for the 12-month period effective on the date the Task Order is issued. Modifications to Task Orders will reflect the rates of the “current 12-month” Binding Indirect Capped Rate schedule. For example, if the rate schedule changes over on 1 November of each year, and a Task Order is issue on 1 September 2021 for 12 months work, the maximum rates will be the rates that were effective on 1 November 2020. Under the same assumptions, if a modification to the Task Order is required in December 2021, the Binding Cap Rates effective on 1 November 2021 will apply.

7.2.5 The Binding Capped Indirect Rates in Table 5 of Section B apply to all future orders and modifications including both Firm-Fixed-Priced (FFP) and Cost-Plus-Fixed-Fee (CPFF) actions. The Table 5 submission shall include all indirect rates that the firm intends to apply to direct costs under the potential contract. All rates submitted should be support by audit information or cost pool calculations (historical and or projected) as discussed in the solicitation. The application base of each indirect rate shall be included in the submission.

7.2.6. A firm may have separate or a discounted indirect rates applicable to direct labor for FFP versus CPFF actions. If this is the case, Table 5 shall include the rate for FFP actions and the rate for CFPP actions stating their applicability. The rates need to be separately supported by audit/cost pool calculations. The rates provided as capped for FFP orders should be used to establish the burdened labor rates in Table 1. (Am 0004)

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

9. Travel The Contractor shall perform all travel and attend all meetings necessary for completion of the work required by the task orders. Per Diem (lodging and MI&E expenses) shall be paid at the current Government rates in accordance with the Federal Travel Regulation (FTR) per person per calendar day spent in travel status. No per diem will be paid for travel less than the number of hours per day stated in the current FTR. Per Diem rate information may be obtained at http://www.defensetravel.dod.mil/. Actual cost of transportation by public conveyance (plane, limited to coach class) shall be paid. Air travel shall (if possible) be planned in advance in order to acquire the best prices available. Privately owned vehicles shall be paid at the current Government mileage rate in accordance with the FTR. The maximum amount paid for an airline ticket shall be the cost of travel via coach class.

(End of Section B)

(End of Summary of Changes)