PWS - Libby OU3 FS_PP_ROD_17FEB26.pdf

- FOR OFFICIAL USE ONLY -

Performance Work Statement

Responsible Party Oversight Feasibility Study Proposed Plan and Record of Decision

Libby Superfund Site, Operable Unit 3

Libby, Montana

US Army Corps of Engineers

Contract: TBD

2417 OctoberFebruary 20265

Table of Contents

1 INTRODUCTION

2 SCOPE AND PURPOSE

2.1 Background

2.2 General Intent

2.3 Project Tasks

2.3.1 TASK 1: Management, Planning, and Reporting

2.3.2 TASK 2: Responsible Party Oversight

2.3.3 OPTION TASK 3: Proposed Plan/Record of Decision

2.3.4 OPTION TASK 4: Finalize Potentially Responsible Party Feasibility Study

2.3.5 OPTION TASK 5: Libby Action Response Plan Sampling

3 AUTHORITIES, RESPONSIBILITIES, AND GOVERNING GUIDANCE

3.1 Authorized Service Center (USACE – Omaha District)

3.2 Responsibilities

3.3 Applicable Documents and Governing Guidance

3.4 Confidentiality of Information

3.5 Conflict of Interest

4 GOVERNMENT-FURNISHED INFORMATION, EQUIPMENT, AND PROPERTY

5 PLANS AND REPORTS

5.1 Deliverables

5.2 Deliverable Submission Cycle

6 ADDITIONAL REQUIREMENTS

6.1 Key Personnel

6.1.1 CERCLA Feasibility Study Subject Matter Expert/Senior Engineer

6.1.2 Senior Risk Assessor or Subject Matter Expert

6.2 Notification Requirements

6.3 Quality Management Program

6.4 Site Safety and Environmental Requirements

6.5 News Releases

6.6 Program Completion Requirements

6.7 Other Provisions

7 VETERANS EMPLOYMENT

7.1 Emphasis for U.S. Army Corps of Engineers Contracts

1 INTRODUCTION

The U.S. Army Corps of Engineers (USACE), Omaha District has been designated as the service center to provide project management, environmental engineering, and remediation support to the Environmental Protection Agency (EPA) Region 8 Libby Asbestos Superfund Site, Operable Unit (OU) 3 (Site). This Performance Work Statement (PWS) defines requirements for services in support of Potentially Responsible Party (PRP) oversight, Proposed Plan (PP), and Record of Decision (ROD) at the Site. The costs incurred under this contract will be tracked for future cost recovery from the PRP, W.R.

Grace.

2 SCOPE AND PURPOSE

2.1 Background

Libby is a community in northwestern Montana that is located near a large open-pit vermiculite mine (OU3). Vermiculite from the mine at Libby is known to be contaminated with amphibole asbestos that includes several different mineralogical classifications, including richterite, winchite, tremolite, and possibly actinolite (Meeker et al. 2003). For the purposes of EPA investigations, this mixture is referred to as Libby amphibole (LA). Historic mining, milling, and processing of vermiculite at the site are known to have caused releases of vermiculite and LA to the environment. Inhalation of LA associated with the vermiculite is known to have caused a range of adverse health effects in exposed humans, including workers at the mine and processing facilities (Amandus and Wheeler 1987, McDonald et al. 1986, McDonald et al. 2004, Sullivan 2007, Rohs et al. 2007, Larson et al. 2010, 2012a, 2012b), as well as residents of Libby (Peipins et al. 2003).

Studies performed at OU3 have revealed that soil, tree bark, and duff (i.e., organic litter and debris on the forest floor) in the forested areas within the current OU3 boundary have detectable levels of LA.

2.2 General Intent

The contractor shall furnish all services, materials, supplies, plans, labor, studies, management, travel, and other resources as required to successfully perform all requirements for activities and associated technical and field engineering services in accordance with this PWS. The contractor’s performance shall also be in accordance with the IROD and its modifications, including the Remedial Action Objectives and Applicable or Relevant and Appropriate Requirements (ARARs), as applicable, or other legal requirements and government direction. The contractor shall develop project teams with sufficient expertise and experience to perform the work and meet contract suspense dates. The contractor shall perform all work in accordance with Federal, State, and Local statutes and regulations.

This requirement will be awarded as a cost-plus fixed fee contract to execute the PWS requirements and achieve all PWS objectives. The contractor’s project teams shall possess sufficient expertise and experience with cost reimbursable work and cost accounting standards and maintain cost expectations of the USACE Omaha Construction Office throughout. This contract is performance-based, and the PWS structures all aspects of the acquisition around the purpose of the work to be performed and does not dictate how the work is to be accomplished except where indicated. The contractor is to determine how to meet the Government’s performance objectives. The contractor shall provide necessary and authorized resources to perform this work to applicable engineering, safety, and construction standards, in the timeliest manner possible, and with optimal cost containment.

Upon award, this PWS is legally binding upon the contractor and the Government. For purposes of this contract, the term Government includes the USACE and EPA. While regulators from other agencies are governmental entities, they are third parties over whom the USACE and EPA do not have control and, as such, will be referred to as regulators. The period of performance (PoP) is three (3) years from the date of award.

2.3 Project Tasks

The Contractor shall be responsible for obtaining and maintaining all registrations and certifications required by the various Federal, State, and Local regulatory agencies, and any other registrations, certifications, licenses, permits, warrants, or other credentials or permissions required to perform the required tasks. All work shall be conducted in a professional manner by credentialed members of architectural, planning, science, and engineering professions such as toxicologist, ecologist, hydrologist, geologist, chemist, architects, landscape architects, environmental engineers and scientists, planners, cost estimators, Computer Assisted Design and Drafting technicians, publication writers/editors, technical writers, graphic artist, and Geographic Information System (GIS) analysts. These individuals are expected to possess and maintain the knowledge and experience to accomplish the specified tasks.

Generally, a credentialed professional (a) is licensed (e.g., registered professional engineer or geologist) to practice in the state where a facility is located and (b) commands the necessary expertise, in terms of knowledge and experience, to undertake the specified task. An environmental professional’s specific expertise may also be evinced through certification such as a Certified Hazardous Materials Manager, Qualified Environmental Professional, or Certified Industrial Hygienist.

2.3.1 TASK 1: Management, Planning, and Reporting

The contractor shall implement a full range of project management activities as required to meet objectives of this contract and in accordance with all applicable EPA requirements throughout the contract PoP. The contractor shall supply all labor, equipment, and materials necessary or procure subcontractors to accomplish the work.

Requirements include efficient management of the contract including the submission of accurate, on-time, quality contract deliverables and timely identification and solution of impediments to successful project execution. Technical requirements include early involvement in the process to allow for the development of the most cost-effective and technically sound approach or solution. The Government will rely on the contractor’s expertise in recognizing and addressing problematic issues and successful execution of this contract. The contractor shall perform all work in accordance with federal, state, and local statutes and regulations. All work shall conform to legal requirements and approval or concurrence as determined by USACE and EPA.

The contractor shall work closely with the USACE PM and COR to ensure effective communication is maintained to execute the contract in accordance with this PWS and other contract requirements. Project management coordination shall include contract line-item number (CLIN) reviews to confirm the contract is in alignment with the schedule, reviews of progress, and other issues identified by the USACE PM or

COR.

2.3.1.1 Cost Reimbursement Requirements

2.3.1.1.1 General

Cost control is important in cost reimbursement contracts. 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 contracts. 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.

2.3.1.1.2 Cost Tracking

The cost tracking system is considered critical to the success of a cost reimbursement contract. 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 contract costs:

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 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 contract cost with the budgeted cost. It shall also show the overruns/under runs on the contract.

2.3.1.1.3 Management Organization, Responsibilities, and Authorities The objective of a cost reimbursement contract 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.

2.3.1.1.4 Invoicing

The cost principles and procedures as described in FAR 31.2 shall be followed, and the contractor will be paid in accordance with FAR Clause 52.216-7, Allowable Cost and Payment. Costs submitted in each voucher must be organized so they can be identified with the tasks in the WBS. All vouchers shall be submitted in the original to USACE and one (1) copy to the cognizant audit agency office. Because of the level of effort required to review these packages, the Contractor is requested to organize the vouchers to speed up the review process. The Contractor's Project Manager must review the vouchers for detail and correctness prior to submission to the Government. The Project Manager must redline or revise the package if corrections are warranted prior to submission to the designated billing office. The invoice shall contain a summary cost sheet stating:

Direct labor

Direct materials and supplies

Equipment (contractor owned)

Subcontractor costs

Travel costs Other direct costs

Indirect costs (overhead, general and administrative costs, etc.)

Fee

In accordance with FAR Clause 52.216-7, Allowable Cost and Payment, the designated billing office is the office of the official authorized to sign the release of payment (typically the COR, ACO, or CO).

Payment of a voucher does not constitute approval of all charges. After review, if unauthorized, unallowable, or unallocable costs were inadvertently paid, the costs must be charged as a credit on subsequent requests for payment. Indirect and direct costs on contractor vouchers are subject to audits by the cognizant audit agency. Contractor shall provide a Release of Claims with their final voucher. In order to ensure that the contractor’s accounting system is adequate for accumulating and billing costs on government contracts, the contractor must establish and maintain an acceptable accounting system in accordance with the clause 252.242-7006 Accounting System.

2.3.1.1.5 Limitation of Cost or Funds

In accordance with FAR 52.232-20 and FAR 52.232-22, the contractor shall notify the Contracting Officer in writing 60 days in advance of the forecasted expenditure of 75% of the obligated amount on a cost reimbursable contract or when then total estimated costs will be greater or substantially less than had been previously estimated. The Government’s obligation to reimburse the contractor for incurred costs and the corresponding increment of fee is limited to the amount of funding allotted to the contract.

2.3.1.1.6 Subcontracting and Purchasing Systems

The contractor shall establish and maintain an acceptable purchasing system in accordance with 252.244- 7001 Contract Purchasing System Administration. The government may conduct a contractor purchasing system review (CPSR) in order to evaluate the efficiency and effectiveness with which the contractor spends government funds and complies with government subcontracting policies. The CPSR serves as the basis for granting, withholding or withdrawing approval of the contractor’s purchasing system. The contractor shall request the Contracting Officer’s consent to subcontract in accordance with 52.244-2 Subcontracts.

2.3.1.2 Status Reporting

The contractor shall prepare and submit a monthly status report by the 10th working day of each month to the Government summarizing contract status through the end of the previous month. The report shall be used to review and evaluate the overall cost/schedule status of the project along with any existing or potential problem areas. The report shall be presented by CLIN and shall include graphics, charts, and/or tables to clearly communicate the information presented in the report. The report shall also be used to indicate whether project efforts are on target for completing the tasks in the PWS within the PoP. The report shall be prepared in a format coordinated with the COR and shall be prepared and submitted in an electronic format to the USACE PM and COR via electronic mail.

The status report shall include a summary of the events that occurred during the reporting period, discussion of performance, identification of problems, proposed solutions, corrective actions taken, outstanding issues, and payments made to date. Each report shall include the following information and formats at a minimum:

Completed tasks in the previous month including a list of meetings held during the reporting period

Cost to date, a description of tasks completed that have not been invoiced, and other parameters as requested by the USACE PM or COR

Address problems encountered in completing the various tasks and any changes in scope or direction from the program baseline, including actual or potential schedule and cost impacts

Upcoming tasks for the next two months Completed and upcoming meetings The number of employees performing work, including teaming partners and subcontractors Projected cost at completion, in accordance with the contract, if the project price is expected to be exceeded Other pertinent information necessary for USACE and EPA to monitor the project success

These requirements shall apply unless the USACE KO provides the contractor with specific written alternative instructions. Monthly status reports shall be signed and dated by the contractor’s senior project manager designated for the project.

2.3.1.3 Meetings, Conferences, Telecommunications

It is expected that teleconference meeting participation and facilitation will include a project kickoff meeting, weekly strategy meetings, weekly agency meetings, and periodic meetings (not to exceed 1 hour each). In-person meetings are also expected and include workshops, public meetings, open houses, or hearings (as needed). The frequency of meetings may change based on the status of the program. The USACE and EPA will be present for all meetings; however, the contractor shall coordinate the meetings, provide logistical support, present materials, and lead or support technical discussions, as appropriate.

The contractor shall prepare, and submit for USACE and EPA review and concurrence, any presentation materials proposed for use at meetings. The contractor shall clearly identify themselves as employees of a EPA contractor.

The contractor shall attend the meetings described below. All meetings will be held using a web sharing program such as MicroSoft® Teams, WebEx, or similar as approved by the USACE and EPA, and will be set up and hosted by the contractor.

The contractor shall function as an integral team member in support of the EPA mission, to include the sharing of information with other EPA and USACE contractors and cooperation with communities, regulators, and other government entities.

2.3.1.3.1 Kickoff Meetings

The contractor shall coordinate a post-award kick-off meeting via teleconference within 7 calendar days of contract award with the USACE KO, contracting specialist, USACE PM and COR, and EPA to review the project and contract requirements.

2.3.1.3.2 Weekly Strategy Meetings

The contractor will host and participate in a weekly strategy meeting via teleconference with the USACE and EPA throughout the contract PoP. The purpose of the meetings is to update USACE and EPA of the status of work underway, ensure that all issues for work underway are addressed, and strategize for the weekly agency meeting. Telephone conferences are usually one hour in length.

2.3.1.3.3 Weekly Agency Meetings

The contractor will host and participate in a weekly agency meeting via teleconference with the USACE, EPA, United States Forest Service (USFS), and Montana Department of Environmental Quality (MTDEQ) throughout the contract PoP. The purpose of the meetings is to update the agencies on status of work underway and ensure that all issues for work underway are addressed. Telephone conferences are usually one hour in length.

2.3.1.3.4 KDID and ETRB Meetings

The contractor will prepare for and participate in quarterly, half-day meetings via teleconference with the USACE, EPA, USFS, and MTDEQ throughout the contract PoP. The purpose of the meetings is to update the agencies on status of work underway and ensure that all issues for work underway are addressed.

Telephone conferences are usually one 3-4 hours in length.

2.3.1.4 Administrative Record

The Contractor shall be responsible for the production and maintenance of the Administrative Record throughout the contract. The Administrative Record shall be in accordance with “Final Guidance on Administrative Records for Selecting CERCLA Response Actions”, OSWER 9833.3A-1 (or latest revision). Additional technical support under this task includes meetings with attorneys and administrative record coordinators, compiling documents, preparing the Administrative Record Index, and coordinating duplication of Administrative Record.

2.3.1.5 Contract Closeout

The contractor shall provide management staff and administrative and clerical staff to manage all close out activities related to this contract. Closeout activities will include managing payment of all invoices, including payment of vendors, subcontractors, and other project related expenses; tracking all trailing costs related to the contract; preparing invoices. related to close out activities; and providing all necessary reports and documentation to USACE. Cost reimbursement contracts may require a final audit by the cognizant audit office of the Federal Government based on the final cost of the contract. The Contractor is expected to provide procedures and processes that facilitate quick subcontract and supplier closeout and resolution of disputes.

2.3.2 TASK 2: Responsible Party Oversight

2.3.2.1 Feasibility Study

The contractor shall provide project management, planning, and reporting services and technical support and oversight of the Feasibility Study (FS) process including independent analysis of the PRP’s identification and screening of technologies; process option evaluation; and development, screening, and detailed analysis of alternatives to ensure the PRP-led FS incorporates all necessary components of an FS and is compatible with the format used for the Libby sitewide FS. The contractor’s analysis shall ensure the FS integrates insights gained and prior agreements from consensus achieved during FS workshops, dispute resolution outcomes, Remedy Review Board sessions, health and safety protocols, the Risk Management Strategy (RMS), and accurate cost estimating. The contractor’s analysis shall also consider information garnered from previous FS data collection and establishment of baseline condition efforts, weekly agency, Kootenai Development Impoundment Dam (KDID), and External Technical Review Board (ETRB) meetings to inform the feasibility study process.

The contractor shall provide comments on the PRP-led FS and coordinate comments from other agencies including the United States Forest Service and Montana Department of Environmental Quality. The comment process will be iterative. The contractor shall develop a comment template and instructions for the interagency comment documentation approach. The following comment schedule is anticipated after receipt of the Draft PRP-led FS:

0 to 30 days: Individual agency review. Identify fatal flaws or major areas of concern.

30 to 60 days: Interagency discussion and resolution on discussion topics for combined agency comments

60 to 90 days: Finalize interagency comments and provide to PRP

The contractor shall facilitate resolution of the interagency comment set throughout this process. EPA will provide final resolution on interagency disagreements. The contractor shall prepare for and participate in two (2), 3-day, in-person workshops in Missoula, MT, to provide a focused and collaborative platform to resolve comments on the PRP-led FS with EPA, USFS, MTDEQ, and W.R.

Grace.

The PRP will submit a Draft Final version of the FS following the workshops. The contractor shall provide comments and redline markups on the Draft Final version of the FS to resolve the interagency comment set and incorporate input and final resolutions from the workshops.

The PRP will submit a Final version of the FS to address comments and redline markups on the Draft Final FS. The contractor shall provide comments and redline markups on the Final version of the FS to ensure full integration of all project decisions into the FS for EPA approval.

2.3.2.2 Engineering Evaluation of Potentially Responsible Party Work

The contractor shall provide engineering evaluation services to assist USACE and EPA with monitoring the activities of the PRP’s contractor(s) and subcontractor(s) to ensure proper and effective procedures are implemented and to assure compliance with all approved work plans; ensure that proper and effective containments are utilized and provide as-built review. Variances shall be brought to the attention of USACE and EPA as soon as practicable. All observations shall be recorded and summarized concerning the activities completed that day and the planned activities for the next month. A Health and Safety Plan is required for all site visits. The Health and Safety Plan will comply with the requirements of applicable state and federal regulations and the USACE EM 385-1-1 Safety Manual. Assume six site visits throughout the contract PoP.

2.3.2.3 General Technical Support

The contractor shall provide the general technical support for the overall accomplishment of the Libby Asbestos Superfund Site during the period of performance. This includes participating in authoring, providing, copying, reviewing, updating, coordinating, and or rewriting, existing Libby Asbestos Superfund Site documents, e.g., QAPPs, O&M plans, institutional control and implementation assurance plan (ICIAPs), RACRs, ESDs, ready for reuse determinations, environmental covenants, best management practices plans, updated protectiveness memos, county maps illustrating property status, and cost estimates as needed. Assume 96 hours for a CERCLA Feasibility Study Subject Matter Expert/Senior Engineer and 48 hours for a Senior Risk Assessor or Subject Matter Expert in accordance with the requirements for key personnel as well as additional disciplines and hours as needed for support of the key personnel.

2.3.3 OPTION TASK 3: Proposed Plan/Record of Decision

This option may be exercised at any time during the PoP but is expected to be exercised following finalization of the FS. The contractor shall provide project management, planning, and reporting services and technical support to EPA by and preparinge a PP and ROD on EPA’s behalf to document the remedy selection process for OU3. The contractor may utilize existing data and reports in their entirety or prepare updates, revisions, or addenda, as appropriate, in lieu of developing new reports. All deliverables shall be completed in accordance with EPA guidance.

The contractor shall also provide logistical and technical support to EPA to meet public participation responsibilities CERCLA and the NCP. This includes assisting with community outreach and communication of the PP and ROD and public comment response; developing presentation media including public notices, Power Point presentations, visual aids and fact sheets; hosting and attending public meetings; providing a court reporter, and completing a responsiveness summary report. EPA public meetings typically include less than 20 people, including contractors.

The contractor may utilize staff trained in public affairs to complement the technical staff on the project.

These trained staff must attend all meetings with the public along with the appropriate technical staff. The credentials of the trained staff must be submitted to and approved by the EPA and USACE PM in advance of any meeting with the public. The minimum acceptable credentials of the trained staff will demonstrate effective communications experience and experience in building relationships with the stakeholders involved in cleanup activities or similar efforts.

2.3.4 OPTION TASK 4: Finalize Potentially Responsible Party Feasibility Study

This option may be exercised after receipt of the Draft FS if progress on finalizing the FS stalls due to the PRP failing to properly address agency comments. The contractor shall provide project management, planning, and reporting services and revise and finalize the PRP-led FS for OU3 consistent with all previous agreements, review comments, and relevant EPA guidance.

2.3.5 OPTION TASK 5: Libby Action Response Plan Sampling

This option may be exercised at any time during the PoP in the event of a wildfire greater than 5 acres in size within OU3. The contractor shall provide project management, planning, and reporting services and conduct media sampling for a time-weighted average evaluation to determine if potential exists for a wildfire to affect ambient air concentrations of LA within the Libby community to levels that would be a health concern. The contractor shall develop a Uniform Federal Policy Quality Assurance Project Plan (UFP-QAPP) and Health and Safety Plan for all sampling efforts. The QAPP shall be prepared in accordance with the Libby Asbestos Superfund Site, Libby Asbestos Response Plan, Wildfire Ambient Air Monitoring (2024) and EPA Requirements for Quality Assurance Project Plans (EPA QA/R-5), Guidance for Quality Assurance Project Plans (EPA QA/G-5), and Guidance on Systematic Planning Using the Data Quality Objectives Process (EPA QA/G-4) or most recent EPA guidance. A section of the UFP-QAPP shall address the storage, transport, and disposal requirements for investigation-derived waste IDW. IDW shall be disposed of in accordance with local, state, and federal regulations. The generator identification number shall be provided by EPA. Prior to IDW disposal, an IDW manifest package will be prepared to describe the containerizing, storing, testing, and disposing of IDW resulting from any activities at the Site. The Complete Manifest Package consists of, at a minimum, all hazardous waste manifests, hazardous material shipping papers, waste profile sheets, the land disposal restriction notification and certification forms, and all other supporting documentation. The Health and Safety Plan will comply with the requirements of applicable state and federal regulations and the USACE EM 385-1- 1 Safety Manual.

The contractor shall complete a sampling report that documents compliance with the QAPP, all sampling results, and analysis and interpretation of the sampling results as they relate to the potential for a wildfire to create and asbestos human health concern within the Libby community.

3 AUTHORITIES, RESPONSIBILITIES, AND GOVERNING GUIDANCE

3.1 Authorized Service Center (USACE – Omaha District)

The Contracting Officer (KO), USACE – Omaha District has fully designated responsibility for execution of this contract on behalf of EPA. In turn, the KO has designated the Contracting Officer’s Representative (COR) approval authority on all contractual matters.

A warranted USACE KO is the only person with the authority to act as agent of the Government under this contract. Only the warranted USACE KO has authority to:

(1) Direct or negotiate any changes in the PWS;

(2) Modify or extend the PoP;

(3) Change the delivery schedule; or

(4) Otherwise change any terms and conditions of this contract.

A warranted USACE KO is the only person authorized to make or approve any changes in any of the requirements of this contract and not withstanding any provisions contained elsewhere in this contract, the said authority remains solely with the USACE KO. In the event the Contractor makes any changes at the direction of any person other than the USACE KO, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

The Government will conduct periodic inspections of the Contractor’s work to determine compliance with the requirements of this contract. The USACE KO will notify the Contractor of any work that is determined to be noncompliant with the contract requirements. The Contractor shall take immediate corrective action after receipt of such notice. The USACE KO may issue an order stopping all or part of the work until satisfactory corrective actions have been taken.

Verbal directions, instructions, explanations, commitments, and/or acceptance given to the Contractor or his personnel by any Government employee shall not be construed by the Contractor as a change to this PWS. The USACE KO must issue any change in scope of work in writing to be binding on the Government.

3.2 Responsibilities

The USACE has established its requirements in the solicitation and this PWS. The implementation of this contract requires cooperation between the USACE – Omaha District, EPA, and the contractor to execute this PWS. Roles and responsibilities include:

The USACE-Omaha District shall:

Be responsible for executing the contract and overseeing the contractual and administrative aspects of the contract Ensure contractor compliance with contractual requirements, monitor and manage Contractor performance Respond to inquiries from EPA Assist EPA in planning, programming, budget, and execution of funding for this contract and out-years

The EPA shall:

Ensure EPA requirements relating to execution of the work are fully met Ensure review of deliverables by appropriate authorities Respond to inquiries from a variety of sources to include congressional inquiries, public inquiries, media inquiries, and other federal government inquiries, as appropriate Plan, program, budget, and execute funding for this contract and out-years Manage the Community Involvement Plan

The contractor shall:

Adhere to the terms of the contract and execute the PWS Ensure high quality technical performance and end products

Manage project risk and proactively communicate with stakeholders regarding issues and remedies

Accurately and promptly manage, track and report contract performance Provide support to the USACE and EPA in response to congressional inquiries, public inquiries, media inquiries, and other federal government inquiries.

Ensure protection of human health and the environment during contract performance Meet all applicable regulatory requirements associated with environmental restoration during contract performance Directly supervise all subcontractors, including technical, quality, health and safety, etc.

3.3 Applicable Documents and Governing Guidance

The contractor shall conduct this project in accordance with CERCLA, as amended by the Superfund Amendments and Reauthorization Act (SARA), and Resource Conservation and Recovery Act (RCRA) guidance, as appropriate. Work performed shall follow the requirements of the National Oil and Hazardous Substances Contingency Plan (NCP).

The contractor shall identify and comply with all applicable documents including RODs, Explanation of Significant Difference (ESD), ROD Amendments, Site ARARs, Remedial Design, and other Decision Documents as well as Federal, State, and Local statutes; EPA instructions, manuals, handbooks, regulations, guidance, and policy letters; Executive Orders (EOs); American Petroleum Institute (API) Codes; National Association of Corrosions Engineers (NACE); National Fire Protection Association (NFPA); Steel Structures and Painting Counsel (SSPC); National Electrical Code (NEC); Uniform Fire Code (UFC); and International Building Code (IBC) including all changes and amendments in effect on the date of issuance of this contract. It is the contractor’s responsibility to identify and comply with all applicable requirements.

The contractor is solely responsible for reviewing all government-furnished information and forming their independent, professional conclusions/interpretation of site conditions and requirements to meet the objectives of this contract. The information provided in this PWS is not intended as a substitute for complete analysis of technical data available, nor is it intended to be a guide on how the contractor should address achievement of the Government’s objectives.

The contractor shall conduct activities in accordance with all relevant guidelines, regulations, requirements, and references available at the time of this contract. As policies are refined and updated, the contractor shall be responsible for accommodating those updates. Where conflicts appear to occur between the PWS and applicable regulations, the contractor shall consult with USACE to determine the appropriate requirements.

3.4 Confidentiality of Information

All information gathered and/or developed in the performance of the tasks listed in this PWS shall be the property of the Government and shall only be used by the contractor and their subcontractors for the execution of this PWS. Additionally, all documents shall be delivered to the Government with unlimited rights and without restrictions. The contractor is not authorized any other use or distribution of said material without the specific written permission of the EPA. After completion of the project, all materials shall be provided to USACE and EPA.

If a contractor, through an employee or otherwise, is subpoenaed to testify or produce documents, which could result in disclosure of these materials, the contractor must provide immediate advance notification to the EPA so that the EPA can authorize such disclosure or take action to prevent such disclosure.

3.5 Conflict of Interest

The contractor shall certify, to the best of the contractor’s knowledge and belief, all actual or potential organizational conflicts of interest have been reported to the KO or that, to the best of the contractor’s knowledge and belief, no actual or potential organizational conflicts of interest exist to perform this work.

In addition, the contractor must certify that its personnel who perform work under this contract or relating to this contract, have been informed of their obligation to report personal and organizational conflicts of interest to the contractor. The conflict of interest is a continuing obligation to identify and report any actual or potential conflicts of interest arising during performance of this contract or other work relating to this Site.

4 GOVERNMENT-FURNISHED INFORMATION, EQUIPMENT, AND PROPERTY

It is not expected that any Government Furnished Equipment and/or Government Furnished Property (GFP) will be provided for the contractor’s use. The contractor is responsible for providing all supplies and equipment required to meet the objectives of this contract The Government will provide site data in support of the project objectives. The Government will not provide any facilities, utilities, equipment, or materials.

5 PLANS AND REPORTS

5.1 Deliverables

The contractor shall prepare various deliverables including technical plans, memoranda, reports, and decision documents to demonstrate PWS compliance. The contractor may utilize existing plans in their entirety or prepare updates, revisions, or addenda to the existing plans, as appropriate, in lieu of developing new plans. The contractor shall complete these deliverables according to the most appropriate industry standard and submit for initial USACE and EPA review followed by submittal to the USFS and

MTDEQ.

5.2 Deliverable Submission Cycle

All contractor-prepared deliverables specified in this PWS shall be submitted in three phases unless otherwise stated. The contractor should review available information and form their own independent conclusions as to the time necessary, as well as risks and appropriate mitigation and contingency measures, to achieve the work tasks. These review times must be accounted for in the schedule. The contractor shall submit all deliverables in Draft, Draft Redline Final, and Final versions. Submittals shall be in electronic format only. Document submittals shall include both native file formats (e.g., MS Word, MS Project, etc.) and PDF. Multiple versions of documents may be generated by the contractor including:

Draft Documents –Draft documents are documents that are submitted for Government only review and approval. In all respects, draft documents shall be complete; substantively correct and consistent with applicable laws, regulations, USACE and EPA policies; in proper format; and free of grammatical and typographical errors. All draft documents shall be thoroughly screened through the contractor’s in-house peer/technical review during this phase of the review process.

Draft documents shall not be submitted to regulatory agencies for review. Draft documents will require up to a 30-day review by the Government. The contractor shall respond to each comment in writing and shall make the appropriate revisions to the draft document. The revised draft will be submitted as a draft final document for regulatory review.

Draft Redline Final Documents – In general, draft Redline Final documents have undergone

Government review, incorporation of government review comments in redline format, and are submitted to the appropriate regulatory agencies for review. The government will review the Redline Final to ensure all comments have been appropriately addressed. Note that some documents may initially be submitted to the regulatory agencies as final with any comments being incorporated into subsequent documents as appropriate. Responses to all regulatory agency comments and any associated revised document shall be reviewed by the Government before submittal to the agencies. Should a review meeting be scheduled, the minutes of the meeting shall contain the written record of the comments and responses provided by the contractor. The revised DraftRedline Final document with changes accepted shall be submitted as the Final document.

Final Documents – Final documents are the version of the document that has successfully incorporated all review comments and has received Government approval and/or concurrence. At least one electronic copy of the final document consisting of original productivity software files and all quality control data, drawings, and GIS-type information, shall be provided to the USACE and EPA. Electronic copies should be compatible with the current USACE and/or EPA Microsoft™ Office Suite and GIS software versions. All figures shall be delivered in original application files GIS format as described in this PWS. In addition, an electronic version of the final document shall be submitted in a single portable document file (.pdf) format approved by the USACE and EPA complete with electronic bookmarks. All Final deliverables are required to be Section 508 compliant.

These submittal requirements should in no way be construed to limit the number of version submittals required in order for the contractor to obtain Government approval and/or concurrence.

6 ADDITIONAL REQUIREMENTS

6.1 Key Personnel

The contractor shall provide qualified personnel to successfully complete this contract. The following Key Personnel shall meet the following minimum qualifications:

6.1.1 CERCLA Feasibility Study Subject Matter Expert/Senior Engineer

The contractor shall designate one CERCLA Feasibility Study Subject Matter Expert (SME)/Senior Engineer to oversee the independent analysis of the PRP’s identification and screening of technologies;

process option evaluation; and development, screening, and detailed analysis of alternatives. The personnel shall have a minimum of ten (10) years of CERCLA feasibility study experience with demonstrated extensive expertise in alternative evaluations, ARARs compliance, cost estimating, and responsible party feasibility study reviews. In addition, experience in supporting proposed plan and ROD development for EPA, including public meeting support and responsiveness summary preparation.

6.1.2 Senior Risk Assessor or Subject Matter Expert

The contractor shall designate one Senior Risk Assessor or SME with a minimum of eight (8) years of experience specializing in asbestos mine sites, with expertise in evaluating toxicity values, asbestos exposure assessment, asbestos risk characterization, and developing risk management strategies for asbestos.

6.1.3 Project Manager

The contractor shall designate a Project Manager. The Project Manager shall be the single point of contact for all work and shall be responsible for the management and execution of the contract in accordance with the performance work statement, approved work plans, and all federal, state, and local laws and regulations. The Project Manager shall maintain close communication and coordination with the USACE PM and COR for the duration of the project, including all Management, Planning, and Reporting tasks.

As applicable, the Project Manager shall ensure coordination between the Safety and Health Manager and the Site Safety and Health Officer to ensure that all site activities are performed in a safe manner. The Project Manager shall be an employee of the Prime Contractor and have a minimum of three (3) years of experience in Project Management.

6.2 Notification Requirements

The contractor is required to notify the Government of critical issues that may affect the contract performance. For issues that affect human health, safety and the environment, the contractor shall verbally notify the Government immediately and follow-up with email notification no later than eight (8) hours after occurrence. Based on issue severity, the KO, USACE PM/COR, and/or EPA may require the contractor to “pause” work activities until more information is gathered. A work “pause” is not an official “stop-work,” but is a suspension of activities that may exacerbate the issue.

6.3 Quality Management Program

The contractor shall implement a Quality Program that addresses the work and processes to be completed under this contract, including applicable procedures required to support standard quality practices for document quality, readiness reviews, lessons learned, root-cause analysis, and all other tasks related to overall contract execution. The goal and purpose of the Quality Program is to ensure work under this contract be of the highest quality to support technically sound decisions consistent with applicable Government and regulatory requirements, and to ensure all tasks include appropriate technical and safety authorization and controls.

6.4 Site Safety and Environmental Requirements

The contractor shall comply with all applicable Federal, State, and any other applicable regulations concerning safety during the Site activities and in accordance with the most recent version of Occupational Safety and Health Administration (OSHA) safety and health regulations, USACE Engineering Manual (EM)-385-1-1, and all local safety office requirements.

The contractor shall coordinate worksite activities with all applicable USACE and EPA personnel to ensure the protection of human health and the environment; the prevention of damage to property; and the avoidance of work interruptions. The contractor shall be responsible for any damage caused to property by the activities of the contractor under this contract.

All on-Site workers (contractor and subcontractor) performing hazardous operations, including working with hazardous materials, must have completed the OSHA 1910.120 Hazardous Waste Operations and Emergency Response (HAZWOPER) training and/or other applicable training, plus annual refresher courses. The contractor shall maintain documentation supporting training records and have the Accident Prevention Plan (APP) and Site Safety and Health Plan (SSHP) on site, available for workers, Government, and/or regulatory review. The contractor shall provide physical security to work areas by maintaining or furnishing security equipment and personnel. The contractor is required to provide the USACE KO copies of any OSHA report(s) submitted during the duration of the contract.

All USACE, EPA, and contractor employees shall be authorized to stop fieldwork that is being conducted in an unsafe manner until the deficiency is properly addressed to ensure worker safety. If fieldwork is stopped, the USACE KO is required to be notified.

6.5 News Releases

Neither the contractor nor the contractor’s personnel shall give out any news releases or conduct media interviews concerning the work performed under this PWS. All media inquiries should be directed to the EPA RPM and Community Involvement Coordinator.

6.6 Program Completion Requirements

The Contractor shall collaborate with the Government on development of a discrete, measurable basis for verifying completion of each task through program completion. This basis will be used to acquire the Government concurrence that the task completion has occurred and contractual obligations have been satisfied. At the conclusion of all assigned work, the Contractor shall submit project documentation as directed by the KO. Project completion forms shall be sent to the KO no later than four months after completion of all work or the expiration of the PoP of this contract.

6.7 Other Provisions

The Contractor shall notify Government in writing within three business days of becoming aware of the occurrence of an event described below:

The Contractor or any agent or subcontractor receives notice of violation of any governmental enactment, requirement, or authorization, which relates to the performance of the PWS.

Permits, licenses, or other governmental authorizations relating to implementation of the PWS are revoked or denied.

Litigation is commenced or threatened concerning or impacting the PWS or any sites.

Any other condition occurs or is threatened to occur which may have a materially adverse effect on the timely performance of the PWS, or the timely performance of any duties the Contractor or the EPA may have under any applicable law, regulation, ordinance, order, decree or plan;

The Government personnel are interfering or wrongfully preventing the Contractor from performing its material duties and obligations under this PWS to such an extent that the Contractor’s costs, schedule, and/or quality are being adversely impacted.

7 VETERANS EMPLOYMENT

7.1 Emphasis for U.S. Army Corps of Engineers Contracts

In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, USACE contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant Contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this Contract.

The following resources are available to assist USACE contractors in their outreach efforts:

Federal Veteran employment information at…