MEGA_FINAL_UR_Solicitation_09-21-12.doc

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Attached to
Amendment 01 Federal contract opportunity
Solicitation number
W912DQ12R3003
Issued by
Department of the Army Corps of Engineers Engineering District Kansas City

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Original Solicitation Posted on 09-21-2012

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Section B - Supplies or Services and Prices

ITEM NO
SUPPLIES/SERVICES
MAX QUANTITY
UNIT
UNIT PRICE
MAX AMOUNT
120,000,000
Dollars, U.S.

Base Period, Un-restricted

FFP

Base Period - Un-restricted Indefinite Delivery Contract (IDC) Multiple Award Task Order Contract (MATOC) with a shared capacity of $120 million for Environmental Remediation Services in support of the U.S. Army Corps of Engineers, Northwestern Division and EPA Region 2. Base period is three years from date of contract award.

FOB: Destination

MAX

NET AMT

ITEM NO
SUPPLIES/SERVICES
MAX QUANTITY
UNIT
UNIT PRICE
MAX AMOUNT

UNDEFINED

OPTION
Option Period 1, Un-restricted

FFP

Option Period 1- Un-restricted Indefinite Delivery Contract (IDC) Multiple Award Task Order Contract (MATOC) with a shared capacity of 120 million for Environmental Remediation Services in support of the U.S. Army Corps of Engineers, Northwestern Division and EPA Region 2. Optional period if exercised is for two (2) years. Total length of the contract, including the option period, will not exceed five (5) years from date of contract award.

FOB: Destination

MAX

NET AMT

SECTION B

SECTION B – SUPPLIES OR SERVICES & PRICES / COSTS

1.

Contract Definition This Indefinite Delivery Contract (IDC) Multiple Award Task Order Contract (MATOC) is a part of the U.S. Army Corps of Engineers, Northwestern, Southwestern and South Pacific Divisions’ Multiple Environmental Government Acquisition (MEGA) Strategy.

This will be an Indefinite Delivery Contract (IDC), Multiple Award Task Order Contract (MATOC) for Environmental Remediation Services (ERS) / Long-term Response Action (LTRA) under NAICS Code 562910, in support of existing and future USACE customers of the Districts within the Northwestern Division of the Army Corps of Engineers, including the Environmental Protection Agency, Region 2. Firm fixed price and cost reimbursement Task Orders may be written against the IDC contracts.

All Task Orders to be awarded under this MATOC will be competed in accordance with (IAW) FAR 16.505(b)(1), Fair Opportunity, and DFARS 216.505-70, Ordering Under Multiple Award Contracts, unless one of the exceptions to fair opportunity at FAR 16.505(b)(2)(i) applies. IAW FAR 16.505(b)(1) and DFARS 216.505-70 task order selection will be taylored to specific project requirements and awarded IAW pre-established evaluation criteria. Evaluation criteria will be established IAW with the DOD and/or Amry Source Selection Manual and may consist of the following evaluation but not limited to the following evaluation:

1. Technical

2. Past Performance

3. Cost

The intent is to award up to five (5) contracts under this solicitation; however, if the Contracting Officer determines during the source selection process that fewer or more than five (5) contracts should be awarded, based upon the selection criteria, the Contracting Officer has the discretion of adjusting that number, or awarding none at all.

Please ensure this NAICS code 562910 is incorporated in your current Contract Registration at the System for Award Management (SAM) https://www.sam.gov/portal/public/SAM/ Failure to have this NAICS code current in SAM may result in not being considered for the award.

***NOTE***

When contacting the SAM Help Desk with issues creating to registering for a CAGE Code, please DO NOT ask for CAGE Code help, instead ask for help with SAM Registration which will end in a better result and assistance with the SAM Help desk.

For SAM Customer Service, contact:

Federal Service Desk

URL: www.fsd.gov

Hours: 8am - 8pm (Eastern Time)

US Calls: 866-606-8220

International Calls: 334-206-7828

DSN: 866-606-8220

2.

Eligibility

The contrat will be awarded on an unrestricted basis and all qualified offerors are eligible.

3.

Total Amount of Contract The total amount of the MATOC with shared capacity among all contractors awarded contracts under this solicitation shall not exceed $120 million. There is no limit of the number of Task Orders that may be executed against this contract. The cumulative total of all Task Orders issued under the MATOC shall not exceed the total contract capacity amount of $120 million.

4.

Guaranteed Contract Amount

Task Order 0001 will be issued under each contract awarded as a result of this solicitation. The Task Order will satisfy the minimum guarantee of the contract terms and conditions. Task Order 0001 will have a period of performance for 3 years. If no additional Task Orders have been issued under the contract the contractor may invoice for the minimum guarantee. If additional Task Orders are awarded under the contract, Task Order 0001 will be de-obligated and closed at no additional cost or liability to either party.

5.

Performance Period Contracts will have a basic performance period of three (3) years plus one two (2) year option period or until the $120 million contract limit is reached, whichever comes first. Total length of the contract, including the option period, will not exceed five (5) years from date of contract award.

6.

Pricing

6.1 Firm-fixed price (FFP) Task Orders.

FFP Task Orders will be for services performed at prices expressly provided for therein and based on the rates proposed by the offeror in the tables below. Profit will be reflected in individual Task Orders issued. The price for each firm-fixed price Task Order shall be based on the hourly rates for labor disciplines proposed by the offeror in the “Hourly Labor Rates, Firm Fixed Price” table shown below, and the offeror’s proposed markups for the other direct costs in the tables below. All hourly rates shall include Overhead, General/Administrative, Labor Burden Fringes, and shall be exclusive of profit. If a discipline is not listed in the Hourly Labor Rates table and is required for a specific Task Order, that labor rate will be determined before award of that Task Order.

The offeror shall submit its proposed rates for the 5-year period of performance (3-year base period and 2-year option period). The rates proposed will be legally binding and will be the maximum rates that the offeror will use for all firm-fixed price Task Orders issued within the 5-year performance period of the contract. Lower rates may be offered at the Task Order level, if deemed appropriate by the offeror. The offeror will provide proposed labor rates for each year; however, the Contracting Officer will have the discretion to renegotiate those rates annually based upon the current Consumer Price Index. It shall show one rate per labor discipline, including those provided by subcontractors. The offeror may not have all personnel on staff. Therefore, if those personnel are subcontracted, their rates shall be provided in the tables as well. All contracted personnel shall be identified on the tables following “(SUB)” after the title of this discipline title. For example, “Cultural Resources Specialist (SUB)”. The rates shown per labor discipline shall be fully burdened rates, exclusive of profit.

The offeror shall only provide the Overhead and G&A rates for the prime, even if the labor disciplines will be performed by the prime or a subcontractor, depending on the Task Order. The subcontractor would be subject to honoring the labor rates stated for the subject labor discipline.

NOTE: If during the Contract Period of Performance, the Contractor’s original subcontracted personnel are no longer available to the Prime, the Prime shall find a subcontractor that has at a minimum, the same qualifications as the previous subcontracted personnel. The Prime shall be responsible for negotiating the labor rates for those personnel that have been provided in this RFP. Those rates provided are the maximum that will be paid by the Government for any replacement personnel.

In the Rates/Markups table below, offerors shall indicate the annual escalation percentages in the Hourly Labor Rates table, which will be used for evaluation of basic contract price. The Contracting Officer will compare the contractor’s proposed annual escalation rates to the most recent “core” Consumer Price Index and other accepted price indices to determine whether the proposed rates are fair and reasonable.

Maximum rates shall be governed by the date of the Task Order requirement. 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" bid schedule. For example, if the rate schedule changes over on 1 November of each year, and a Task Order is issued on 1 Sep 2012 for 12 months work, the maximum rates will be the rates that were effective on 1 Nov 2011. Under the same assumptions, if a modification to this Task Order is required in December 2012, labor rates effective on 1 Nov 2012 will apply.

Hourly Labor Rates, Firm Fixed Price

FULLY
FULLY
FULLY
FULLY
FULLY
BASE
LOADED
LOADED
LOADED
LOADED
LOADED
HOURLY
HRLY RATE
HRLY RATE
HRLY RATE
HRLY RATE
HRLY RATE
DISCIPLINE
RATE
Base Period

Year 1 Base Period

Year 2 Base Period

Year 3

Option Period 1/ Year 4
Option Period 1/

Year 5

Program Manager

Project Manager

Contractor Quality Control Supv (CQCS)

Safety & Health Manager (SHM)

Site Safety and Health Officer (SSHO)

Senior Contracts Manager

Geologist

Field/Junior Geologist

HydroGeologist

Geotechnical Engineer

Geophysicist

Chemist

Risk Assessor / Toxicologist

Civil Engineer

Environmental Engineer

Process Engineer

Engineer – Junior (Eng. in Training)

Engineering Technician

Biologist

Regulatory Specialist

GIS Specialist

Estimator

Site Superintendent/On-Site Supervisor

Field Technician

Hazardous Waste/Transportation Spec

CADD Operator

Word Processor

Clerical

Data Processor

Data Base Administrator

Community Relation Spec.

Procurement Specialist

Specification Writer

· Offerors are to submit their labor rates for each of the ordering periods.

· For each labor discipline, please annotate whether the discipline provided is Prime or Subcontractor.

· Offerors are to provide an example of how mark-ups are applied to the labor rates

Rates / Markups

(included in the Hourly Labor Rates shown in the table above):

Base Year 1
Base Year 2
Base Year 3
Option Year 1
Option Year 2

Total Labor

Overhead Rate*
_________%
G&A Rate*
_________%

Annual Escalation

________%
________%
________%
________%

*Must be substantiated by DCAA at a later time

NOTE: Overhead and G&A rates should be shown separately.

The following items shall be priced at contractor’s estimated cost, plus markups identified below (excluding profit/fee):

Specialized equipment and / or material

Rental Equipment

In-house copying/reproduction/copying

Service

Other Direct Costs including, but not limited to, shipping, mailing, computer usage, and miscellaneous supplies items

Subcontracting Effort

6.2 Cost reimbursable type Task Orders.

Cost reimbursable type Task Orders will be for allowable incurred costs for best effort on the part of the Contractor. For cost reimbursement type Task Orders, the contractor will use DCAA/DCMA approved forward pricing rates or Certified Public Accountant (CPA) established cost pools in accordance with FAR Part 31 for Year 1 for Overhead, G&A, and other indirect costs. Profit will be determined on individual cost reimbursable Task Orders when issued. The Contractor shall have an accounting system that is in compliance with Generally Accepted Accounting Principles (GAAP) and the Cost Accounting Standards (CAS), if applicable.

The contractor will propose a cap for Overhead, G&A and other indirect cost for Years 1, 2 and 3, as part of their proposal as shown below. The contractor will submit a new Federal/State audit to establish new Forward Pricing Rates and New Caps for Years 4 and 5. The contractor shall have the ability to support cost reimbursable Task Orders (i.e., an acceptable cost tracking system and adequate purchasing system). The government reserves the right to request a DCAA Audit prior to contract award. Additionally, each cost reimbursable Task Order issued will be subject to DCAA Audit.

Year 1, 2, and 3 Caps:

Home Office Overhead

· Total overhead components (fringes, benefits, overhead, and G&A) will be capped at

_____% of [ ] total cost or [ ] direct labor costs. (Check appropriate box).

· A ceiling for G&A for Other Direct Costs (ODCs) is______%. This includes all other markups other than Facilities Capital Cost of Money (FCCM).

Field Office Overhead (if applicable).

· Total overhead components (fringes, benefits, overhead, and G&A) will be capped at

_____% of [ ] total cost or [ ] direct labor costs. (Check appropriate box).

· A ceiling for G&A for ODCs is______%. This includes all other markups other than FCCM.

Offerors are cautioned against submitting an unbalanced offer. The government will analyze offers to determine whether they are unbalanced with respect to prices. Offers that are determined to be materially unbalanced may be rejected. An offer is mathematically unbalanced if it is based on prices which are significantly less than the cost for some contract line items and significantly overstated in relation to cost for others. In addition, an offer is materially unbalanced if it is mathematically unbalanced and there is a reasonable doubt that the offer would result in the lowest overall cost to the government, even though it is the lowest evaluated offer.

7.

Department of Labor Wage Rates For the purposes of the sample project, Department of Labor Wage Determination 2005-2349, Rev 13, dated June 13, 2012 is attached in Section J of this solicitation. For individual Task Orders written against the contract, the appropriate Department of Labor Wage Determination will be provided.

8.

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. No fee or profit will be paid on travel

FIELD OFFICE OVERHEAD

NOTICE TO OFFERORS: You must declare below the single accounting practice that you apply to contracts to calculate field office overhead for all change orders, modifications and requests for equitable adjustment. Pursuant to Federal Acquisition Regulations (FAR) Parts 31.105(d)(3) Construction and Architect-Engineer Contracts and 31.203(d)(1) Indirect Costs, an accounting practice that varies from modification to modification is not allowable. Select one of the following:

1. TIME DISTRIBUTION BASE FOR A PER DIEM RATE

If you use this practice, see Special Clause “Field Office

Overhead Per Diem Rate”

2. DIRECT COST DISTRUBITION BASE FOR A PERCENTAGE MARKUP

If you use this practice, see Special Clause “Field Office

Overhead Percentage Markup”

3. OTHER ACCOUNTING PRACTICE THAT IS ALLOWABLE

UNDER THE FAR AND THAT USES A SINGLE DISTRIBUTION BASE.

IF YOU CHOOSE 3, YOU MUST DESCRIBE THE ACCOUNTING PRACTICE IN SUFFICIENT DETAIL BELOW TO ALLOW THE CONTRACTING OFFICER TO DETERMINE WHAT ACCOUNTING PRACTICE IS BEING UTILIZED BY YOUR COMPANY AND THAT IT COMPLIES WITH THE FAR.

FAILURE TO FULLY COMPLY WITH THE ABOVE REQUIREMENT OR, IF ALTERNATIVE 3 IS DECLARED AND YOUR DESCRIPTION DOES NOT CLEARLY STATE OR DESCRIBE A CONSISTENT ACCOUNTING PRACTICE USING A SINGLE DISTRIBUTION BASE, WILL BE CONSIDERED IN THE EVALUATION OF YOUR OFFER.

FIELD OFFICE OVERHEAD PERCENTAGE MARKUP

If any change to the contract, issued pursuant to the Changes Clause FAR 52.243-1 (Fixed Price) or FAR 52.243-2 (Cost Reimbersable) or otherwise, for which the Government is responsible, causes an increase or decrease in the contractor’s cost of, or the time required for, performance under the contract, the Contracting Officer shall make an equitable adjustment and modify the contract in writing.

Under such equitable adjustment, no per diem rate for field office overhead shall be allowed if the contractor has elected a percentage markup in keeping with its standard accounting practices. In such a case, payment of field office overhead shall be allowed for any change on a percentage markup basis regardless of whether the completion of the contract is or is not extended by reason of the change, except for modifications issued pursuant to the Default Clause. The contractor shall provide a detailed breakdown of its proposed increase or decrease of costs as required by Contract Clause DFAR 252.236-7001, MODIFICATION OF PROPOSALS – PRICE BREAKDOWN”.

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

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

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

2,500.00
$2,500.00
120,000,000.00
$120,000,000.00

CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE

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

CLIN
MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$2,500.00

$120,000,000.00

0002
0.00
$2,500.00

$120,000,000.00

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

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

CLIN
MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$2,500.00

$120,000,000.00

$2,500.00

Section C - Descriptions and Specifications

SECTION C

SECTION C – DESCRIPTION / SPECS / WORK STATEMENT

1. Scope

1.1. Scope. This Environmental Remediation Services (ERS) / Long-Term Response Action (LTRA) contract will support work assigned to the U.S. Army Corps of Engineers (USACE), including Department of Defense Environmental Restoration Program (DERP); Formerly Used Defense Sites (FUDS); DoD Environmental Compliance Program, Environmental Support for Others (ESFO)Program; support to the Environmental Protection Agency (EPA) including Superfund and Brownfields Programs; Formerly Utilized Sites Remedial Action Program (FUSRAP); environmental cleanup for various military and Interagency and International Support (IIS) customers; environmental stewardship, and other environmental related regulatory programs. Architect-Engineer contracts under FAR Subpart 36.6 will not be awarded under this contract.

1.2. Will be within CONUS U.S. but primarily be located within the NWD and EPA Region 2 boundaries. Task Orders will be issued as firm-fixed price (FFP) or cost-reimbursable (CR) based on the requirements of the Performance Work Statement (PWS), scope of work, or specifications at various known or suspected Hazardous, Toxic, and Radioactive Waste (HTRW) sites. Services may include, the control of environmental contamination from pollutants, toxic substances, radioactive materials, and hazardous materials. The primary focus of this contract will be for Long-term Response Action (LTRA).

1.3. The majority of the Task Orders that will be issued under this ERS / LTRA contract will be to provide services related to requirements of the Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), the Clean Water Act, the Clean Air Act, and other related Federal Programs in addition to State/Local specific regulations/requirements dealing with hazardous waste management/disposal, radioactive waste/mixed waste management/disposal, and with Underground Storage Tanks (USTs), and other fuels related issues. Remedial actions may address both regulated and non-regulated toxic substances. Construction will also be included in the ERS contracts.

Services that may be required in an ERS / LTRA Task Order include: preparation of work plans; studies with associated reports; multiple phases of field investigations; preliminary assessments (PA); site inspections (SI) and remedial site inspections; remedial investigations (RI); feasibility studies (FS); Engineering Evaluation Cost Analysis (EECA); monitoring well installation and sampling; short and long term monitoring/long term operations (LTM/LTO) or Long Term Response Action (LTRA); data management; data interpretation; engineering evaluation and corrective actions; optimization studies; ground-water modeling; geophysical surveys; remediation cost estimates; management of non-hazardous and hazardous investigative derived waste (IDW); environmental and human health risk assessments; risk based remediation; air emission issues including vapor intrusion; surface water discharge; applying for environmental permits; remedial design; well abandonment; meetings; public meeting participation; preparation of presentation material both written and visual; hydrological, sediment and soil studies; project reports; engineering support and/or design; value engineering studies; operations and maintenance (O&M) for HTRW sites; energy evaluations for remediation systems; remedial action plans; remedial actions; removal action plans; removal actions; construction support; site closeout/decision documents; abandoned mines program support; and, future project programming and scheduling support.

1.4. Remedial action activities could include but not limited to, air sparging; soil vapor extraction; bioremediation; asbestos and lead-based paint remediation; radon abatement; landfill capping and collection systems; building remediation and demolition; sediment remediation; air discharge systems; ground-water extraction and injection systems; air stripping; carbon adsorption; ground-water treatment systems; incineration of soils; low-temperature thermal desorption; mixed water disposal; solidification of contaminated matter; soil washing; or any in-situ or on-site treatment methods. Remedial actions may address both regulated and non-regulated toxic substances.

1.5. Project specific Task Orders will be issued under the base contract and any exercised option period thereto. The USACE Contracting Officer or Contracting Officer’s Representative will provide the Contractor with site-specific information in the USACE possession upon issuance of each Task Order. Information provided by USACE on any site will be dependent on the current status of the site.

1.6. Performance-Based Task Orders. Performance-based service contracts (PBC): (1) describe the requirements in terms of results required rather than methods of performing the work; (2) use measurable performance standards (e.g., terms of quality, timeliness, quantity); (3) specify procedures for reductions in fee and/or price for deficient services; and (4) include performance incentives/disincentives where appropriate. Performance-based contract methods are intended to ensure that required performance quality levels are achieved and that the Government’s total payment is commensurate with the quantity and quality of services received. Performance-based Task Orders, with a tailored Task Order specific Quality Assurance Surveillance Plan (QASP) will be issued IAW FAR 37.102 against the awarded contracts unless the required approval is received in accordance with AFARS 5137.170-2.

FAR 2.101 defines Performance Work Statements (PWS) as “a statement of work for performance-based acquisitions that describes the required results in clear, specific and objective terms with measurable outcomes” and Statements of Objectives (SOO) as a “Government-prepared document incorporated into the solicitation that states the overall performance objectives. It is used in solicitations when the Government intends to provide the maximum flexibility to each offeror to propose an innovative approach.” PBCs tend to require more engineering support than traditional prescriptive contracts. This is because PBCs specify what the final goal of a project is, but not how it is to be accomplished. Basically, the PWS and SOO describe the end result the contractor is required to achieve on a specific project but do not tell them how to complete it, thus allowing for maximum flexibility for offerors to propose innovative approaches. PWSs emphasize performance that can be contractually defined so that the results of the contractor's effort can be measured in terms of technical and quality achievement, schedule progress, or cost performance. Under a PWS, milestone payments occur only when the results meet or exceed the stated objectives. Simply meeting the Milestone/ Objective, (i.e., submittal of a document for review) is not the same as completion of the Milestone/Objective, (i.e., approval and acceptance of the document by the regulators). Only upon the completion, approval, and acceptance will the Government pay for that Milestone/Objective. For a performance-based Task Order, the contractor will be required to use its expertise and develop the methods to achieve the required end result. The requirement for QASPs for service contracts is set forth in FAR Subpart 37.6, FAR 46.103, and FAR 46.4.

A PWS for a Task Order will to every extent possible:

· Define desired results/outcomes.

· Define what level of performance is expected (and ensure it is meaningful and fair) and use performance standards and QASP.

· Provide all information known about the site(s) or where it can be located and accessed by the Contractor.

· Define incentives and disincentives.

· Define the measurement terms using clear and concise language avoiding vague or broad statements.

1.7. The description of work stated herein provides a general understanding of the Contractor functions to be performed; individual Task Orders will contain the specific performance based requirements. Technical requirements described herein in no way limit the activities that may be required under the terms of this contract.

1.8. The Contractor shall be responsible for acquiring the latest version of applicable regulatory or agency guidance, including but not limited to, the referenced documents cited in this Section C of this Solicitation and/or subsequent Task Orders issued after award of the Contract, unless otherwise specified.

2. General

2.1. The Contractor, operating as an independent Contractor and not as an agent of the Government, shall provide all labor, materials, facilities, and equipment to perform all work identified in each individual Task Order. The Contractor may be required to perform work under multiple Task Orders at different sites simultaneously. The Contractor shall be cognizant of all appropriate laws, regulations, and guidance. The Contractor shall ensure that all work activities performed by his/her personnel, subcontractors and suppliers are executed as required by these laws and regulations. Any incident of noncompliance noted by the Contractor shall immediately be brought to the attention of the Contracting Officer (CO) and/or the Contracting Officer's Representative (COR) by written notice. Nothing in this contract shall relieve the Contractor of the responsibility to comply with these laws and regulations. Any conflicts between laws/regulations and contract/Task Order requirements shall be brought to the attention of the CO and/or COR.

2.2. Permits. The Contractor shall obtain permits and licenses necessary to conduct the work required by this Contract including, but not necessarily limited to, environmental permits, building permits, discharge permits, Nuclear Regulatory Commission (NRC) or state license for radiation activities, and Department of Transportation (DOT) permits for transport of HTRW on public highways. The contractor shall comply with all applicable Federal, State, and local laws and regulations, when transporting waste material. Rights of entry on and off Government property may be required.

2.3. Data Ownership and Data Rights. All reports and data whatsoever, including all electronic data and software, generated under this contract will be property of the Government.

3. Contract Performance Requirements

3.1. Work Plans. For each Task Order the Contractor is required to submit an HTRW Work Plan (WP) as appropriate. The WP basically describes the Contractor’s activities as outlined in the Task Order. The WP shall contain (when relevant), the following:

· Description of available data and contaminant characterization

· Statement of the work to be accomplished including a statement of Data Quality Objective(s)

· Discussion on implementation of the project including the method of operation, type of equipment, personnel required, and other special considerations

· A schedule that presents the requirements to complete any required field work and key project milestones

· Permits, licenses, certificates, identification number, labeling and marking of containers, location of the disposal facility (investigative derived waste (IDW) decision tree), CERCLA status of disposal facility, and other requirements for radioactive waste (see EM1110-35-1, Chapter 8), if necessary

· Coordination with USACE for characterization and disposal of DOD-owned radioactive materials or waste in accordance with EM 1110-35-1, Chapter 8 – Radioactive Waste

· Key personnel to be used on the project along with their roles and responsibilities

· Site-specific assumptions and clarifications

· Site control measures

· Logs, reports, and record keeping to be utilized

3.2. Investigation and Field Studies (Both on-site and off-site work). The Contractor shall perform all planning, fieldwork, analysis and preparation of any reports as specified in the Task Order (s). The investigative services to be provided generally consist of performing investigations to determine the contaminant(s) source(s), geology, and ground-water conditions, contaminant concentration, contaminant migration, and geotechnical characteristics as well as any other related tasks. The data collection requirements shall be established in the Task Orders and be usable for preparation of a remedial design and/or implementation of the response action(s). Investigation may or may not be performed in conjunction with the response action, depending on the Task Order requirements. Work may include risk assessments, fate and transport, ground-water modeling, or other techniques to determine the potential risks to human health and the environment. The Contractor shall prepare associated reports as described in each individual Task Order. The Contractor shall have the capability and experience to provide a wide range of investigative and response services required for remediation/responses at HTRW sites such as:

· Site characterization and evaluation

· Identification of action levels for regulated hazardous wastes or substances resulting from review of Federal, state and local laws, regulation, guidance, or developed through risk assessments. This shall also include coordination with appropriate regulatory agencies

· Public Health Evaluations and National Environmental Policy Act (NEPA) documentation as required for proposed site remediation techniques and alternatives

· Survey and Mapping, GIS, remote sensing

· Boring for soil sampling, testing (field and/or laboratory) or other chemical or geotechnical analysis (either on- or off-site)

· Drilling, installation and development of ground-water monitoring wells, production wells, extraction and injection wells, piezometers or other instrumentation

· Conducting surface or down hole geophysical surveys

· Conducting hydrogeological field testing and performing analyses and data interpretation

· Sampling and sample handling techniques for chemical and geotechnical characteristics including data management and data interpretation

· Short and Long Term Monitoring

· Evaluation of available response actions, and recommendations of the most environmentally sound and cost-effective alternatives

· Multi-Agency Radiation Site Survey and Investigation Manual (MARSSIM) for radioactive materials sites

· Preparing and submitting plans (e.g. closure plans, waste analysis plans, Spill Prevention, Control and Countermeasure (SPCC) plans, Underground Storage Tank (UST) Site Assessment plans, Contingency Plans, etc.)

· Expert Testimony

· Participation in community education, public involvement, or public affairs activities

· Chemical analysis (both on- and off-site) of all media for a wide variety of organic and inorganic parameters which may include:

· Non-hazardous, hazardous, mixed and radioactive wastes

· Other chemical, physical, and composite testing

· Characterization and screening for waste-bulking compatibility

· Transportation and disposal of hazardous substances and radioactive materials

· Conventional water and waste water quality parameters

· Reviewing work products for technical adequacy

· Potentially Responsible Party (PRP) Activities

· Recordkeeping

· Training and documentation required by Federal, state, and local laws and regulations

3.3. Analytical Testing. For projects where DoD is the lead agency, such as FUDS or IRP projects, all analytical work shall be performed in accordance with the current version of the Department of Defense Quality Systems Manual for Environmental Laboratories (DoD QSM). The DoD QSM is available at http://www.denix.osd.mil/edqw/. The laboratory performing the analytical work shall be accredited by the DoD Environmental Laboratory Accreditation Program (DoD ELAP). All proposals shall identify the prime laboratory and any secondary laboratory (ies) to be used. The final determination of acceptability of the laboratory will be at the discretion of the USACE Project Chemist. If the laboratory fails to meet the project specific requirements at any time, the USACE Project Chemist may request that use of the laboratory be discontinued and analytical services be procured from a laboratory which can meet the project specific requirements.

For projects where DoD is the lead agency, such as FUDS or IRP projects, all analytical data shall be provided as a Staged Electronic Data Deliverable (SEDD) minimum stage 2A. The data deliverable shall also be compatible with and suitable for use by the ADR.NET software for data verification. Sponsorship for ADR.NET software tools is available to Contractors from Laboratory Data Consultants (WWW.lab-data.com). The Contractor must perform manual verification/validation of any analytical steps that are not automated within ADR.NET. This includes, but is not limited to, verification and validation of each method’s specific initial calibration, calibration verification and instrument performance parameters as specified in the EPA methodology and DoD QSM. To complete the data assessment, data verification results that show exceedances will require further evaluation through data validation procedures. Data will be validated according to decision logic and data qualifiers outlined in the most recent version of the EPA National Functional Guidelines or other project-specific guidance. Support for specific programs may also mandate the submission of chemical and/or sampling data in electronic formats for archival / retrieval within an agency-specific database system. For instance, Air Force Projects will require an ERPIMS database format submission, and the US Army requires ERIS database format submission. ERPMIS is the Air Force system for validation and management of data from environmental projects at all Air Force bases. This data contains analytical chemistry samples, tests, and results as well as hydrogeological information, site/location descriptions, and monitoring well characteristics.

For projects where DoD is not the lead agency, all analytical work shall be performed in accordance with the customer or project specific requirements. For work specifically performed on Superfund projects where the USEPA is the lead agency, all analytical work shall be performed by a NELAC certified laboratory. Other State certifications may be required depending on where the project site is located. Additionally, for projects located in EPA Region II, the Contractor shall be responsible for following the requirements of the Field and Analytical Services Teaming Advisory Committee (FASTAC) process - www.epa.gov/region02/qa/qa_documents/SOP%20HWSS-32.pdf. The Contractor shall also report the details of all analytical work in accordance with the Analytical Services Tracking System (ANSETS). All proposals shall identify the prime laboratory and any secondary laboratory (ies) to be used. The final determination of acceptability of the laboratory will be at the discretion of the USACE Project Chemist. If the laboratory fails to meet the project specific requirements at any time, the USACE Project Chemist may request use of the laboratory be discontinued and analytical services be procured from a laboratory which can meet the project specific requirements.

Also, for all EPA Region II Superfund projects, all analytical data shall be provided as a Region II Electronic Data Deliverable (EDD). The Region II specifications for EDDs can be found at http://www.epa.gov/Region2/superfund/medd.htm. The Contractor must perform manual verification/validation of all laboratory data including but not limited to data verification and validation of each method’s specific initial calibration, calibration verification and instrument performance parameters as specified in the EPA methodology. To complete the data assessment, data verification results that show exceedances will require further evaluation through data validation procedures. Data will be validated according to decision logic and data qualifiers outlined in the most recent version of the EPA National Functional Guidelines or other project-specific guidance.

3.4. Engineering Support and Remedial Design. The Contractor may be required to provide a wide variety of engineering services to support remediation/response actions. The extent of the engineering services will be described in detail in each individual Task Order and may include structural, mechanical, electrical, architectural, geotechnical, geological, civil, chemical, environmental, cost engineering, constructability reviews, and other engineering support. The successful Contractor shall perform all necessary planning, fieldwork, and prepare all engineering documents identified in the Task Order. Engineering documents shall be representative of industry or Government standards for drawings and specifications or by performance specifications. All Engineering documents produced by the Contractor shall be stamped by a licensed Professional Engineer and shall be submitted to the USACE Project Manager for approval. Engineering support may include:

· Design Analysis, containing the criteria, design assumptions calculations and other pertinent data

· Performance specifications or completely edited Government furnished guide specifications

· Computer Aided Design (CAD) generated drawings must be compatible with USACE software. The National CAD Standards can be found at the National Institute of Building Sciences website: http://www.buildingsmartalliance.org/index.php/ncs. These Standards will be used by the Construction Contractor at time of as-built preparation.

· Contractor schedules compatible with Primavera or with Microsoft Project Manager.

· Cost estimating software utilizing an industry approved software package capable of providing sufficient information to adequately and accurately capture the projected project costs. It is recommended that estimated costs be submitted by using the software, "Microcomputer-Aided Cost Estimating System (MCACES), Second Generation (MII), latest version", by Building Systems Design, or a similar cost estimating system.

· Title Two Services to include checking shop drawings, materials, fixtures, equipment, samples, plant materials in accordance with the specifications and drawings.

· Record drawings, modifications or as-built drawings

· Constructability reviews

· Other engineering and technical support may include technical expertise or expert testimony

· Securing permits as requested

· Liaison and interface with regulatory agencies

· Resolution of problems during response actions

3.5. Response Actions, Removals, and Operations and Maintenance. Response actions may or may not be performed in conjunction with investigation and engineering support depending on the individual Task Order. The requirements related to response actions will be described in detail in individual Task Orders. The successful Contractor shall perform all necessary planning, fieldwork, and implementation of the response actions requirements identified. The Contractor selected for this work shall have the capability and experience to perform a wide range of investigations, response actions, and removals for HTRW sites including, but not limited to:

· On-Site source control and containment using a variety of technologies

· On-Site treatment using a variety of technologies

· Preparation of Manifest for Signature

· Transportation to and/or storage, treatment, and/or disposal of waste in an off-site facility

· Survey, removal, transportation and disposal of asbestos-containing materials

· Installation of all support facilities

· Preparation of all applicable Operation and Maintenance (O&M) Manuals and associated training of facility personnel for equipment installed

· Short and Long Term Operation and Maintenance of facilities constructed under this Contract for the period specified (inclusive of facilities constructed through other contracts or under other Task Orders issued under this contract)

· Evaluation / Optimization of treatment facilities to minimize overall project costs and/or to improve the effectiveness of the remediation

· Problem solving during response with unexpected conditions or execution problems at the site

· Short and long-term monitoring

3.6. Planning Documentation Deliverables (Sampling and Analysis Plan (SAP), Field Sampling Plan (FSP) and Quality Assurance Project Plan (QAPP) or similar planning documentation). The CERCLA required SAP has two major subsections, the field-sampling plan (FSP), which deals with field activities, and the QAPP, which covers the generation of analytical data. Projects QAPPs shall be prepared in accordance with the UFP-QAPP format (EPA-505-B-900A, current version). The Contractor shall also refer to USACE EM 200-1-3, Requirements for the Preparation of SAP for detailed requirements of the selected project planning documents. Regardless of the planning documents title, in order to obtain data of sufficient quality to satisfy data quality objectives for legally defensible data, the EPA, and/or state regulators require the preparation of appropriate planning documents for all environmental measurements that will be used for environmental regulatory compliance. The Contractor is responsible for preparing the appropriate planning document (referred herein as FSP/QAPP) that complies with the EPA or other lead regulatory agency regulations, USACE guidance, the Department of Defense Quality Systems Manual (DOD QSM) and EPA QA/R-5. All procedures and activities required for the acquisition of data shall be presented in the FSP/QAPP for approval by the USACE technical team, state and EPA authorities, as necessary, prior to the initiation of any fieldwork. In limited circumstances, USACE may grant conditional approval to the FSP/QAPP to permit some work to begin while non-critical deficiencies are being resolved. But for this exception, it is the responsibility of the Contractor performing the work to assure that no environmental data are acquired before the document is approved and received by project personnel. Documents refered to in this section can be found at the following website: http://publications.usace.army.mil/publications/eng-manuals/ The FSP/QAPP describes how environmental data collection operations are planned, carried out, and assessed. Accordingly, the purpose of the FSP/QAPP is to document in detail all aspects of the project’s field and laboratory activities, including quality assurance (QA) and quality control (QC) activities executed to evaluate them. The FSP/QAPP must provide information in sufficient detail regarding sample design, sample types, sample locations, interpretation scenarios, any field contingencies, sampling methodologies, and other sample handling techniques to collect data that meets the project objectives. Specifics on detection and reporting limits of analytics used to support decisions, analytical methods, sample collection methods, field decision logic, data handling, and application to the Conceptual Site Model (CSM), QC practices, data submittals, and CSM updating activities must also be addressed. Data management strategies must be established within the FSP/QAPP, and appropriately handled during fieldwork to ensure that all data generated is made available to any stakeholders, decision-makers and personnel involved in the work or near real-time decision-making. The FSP/QPP also describes the organization and QA objectives for field sampling and laboratory efforts, and any evaluation and interpretation of the data before its use. The FSP/QAPP serves as a mechanism to formalize the results of planning activities, and allows review and approval of all activities conducted as outlined within those planning documents amongst all project stakeholders.

The final decision to modify or revise the FSP/QAPP shall be initiated by USACE with input from any of the project stakeholders. If it is determined that conditions exist such that the technical or data quality objectives of the project cannot be obtained with the original FSP/QAPP, a decision will be made to update the FSP/QAPP. The originator (or designee) shall modify the document and then shall submit the revised version to the same approval authorities that approved the original FSP/QAPP. As with the original FSP/QAPP implementation and approval process, no revisions shall be implemented until project personnel have received the approved FSP/QAPP revisions.

3.7. For projects where waste will be generated, whether it is hazardous or non-hazardous waste, a Waste Management Plan shall be prepared by the Contractor. This plan consists of procedures outlining the safe handling of contaminated material, drummed material, and contaminated liquids in addition to procedures for off-site transportation and disposal of materials. Manifesting, DOT shipping papers, and chain-of-custody procedures should also be included. If the project involves radioactive waste, Low-level radioactive waste, or mixed (co-mingled) waste, the contractor shall follow the requirements in EM 1110-35-1 – Management Guidelines for Working with Radioactive and Mixed Wastes, as well as all federal, state, and local regulations.

3.8. Compliance with Federal, State and USACE Regulations. USACE has a varied customer base with unique environmental approaches and requirements. Most USACE environmental work falls under EPA environmental regulations covered by CERCLA or RCRA, or other state-level program. As such, each project’s lead regulatory agency must be identified, and any unique requirements accommodated. In general, all programs mandate the preparation of planning documents to assure the fieldwork and chemical data quality are supportive of the intended use of the data and final decisions being made.

3.9. Reviews. All deliverables will be reviewed by various levels of USACE, customers, local, State and Federal regulatory agencies, and other project stakeholders, as appropriate. The Contractor will respond to all comments on deliverables.

3.10. Green Remediation. "Evaluate and utilize, as applicable, sustainable practices during project execution. Projects executed for EPA Region 2 shall use technologies and practices that are sustainable in accordance with EPA Region 2 Clean and Green policy (March 2009)found at http://epa.gov/region2/superfund/green_remediation/."

4. Key Personnel

The Contractor selected for this Contract shall have the experienced personnel to perform, or provide, a wide range of services required for Environmental Services and any responses to releases at HTRW sites. The Contractor or Contractor and Subcontractor Team jointly must have HTRW qualifications. The offeror must identify the key personnel to be assigned to the Contract by name, position, and firm (if other than prime contractor, show address (city/state) where the firm is located) in the organization chart. Resumes shall be presented with appropriate dates and responses to required qualifications as noted in the position description. The resumes will be evaluated to determine whether the individuals meet the desired qualifications and experience necessary to perform their roles and responsibilities under this Contract.

Exclusive of the project management functions (Program Manager, Senior Contracts Manager, Project Manager, and Contractor Quality Control Supervisor), the Contractor may utilize subcontractors, or consultants identified in the accepted proposal or subsequently approved by the USACE Contracting Officer to perform any of the functions required within the specific Task Order.

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