A.07.24_Amendment_0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

The purpose of this amendment is to provide additional clarifications to the follow ing sections: (note: All changes have been highlighted.

a) Section B, Table 1 notes.

b) Section C, paragraph 1.3.

c) Removal of FAR Clauses 52.222-44 and 52.222-46.

d) Section J, Attachment 2.

e) Section L

f) Section M.

g) Section L, pragraph 4.1.3.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 116

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

16C. DATE SIGNED

BY 10-Jan-2016

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912DQ-16-R-3000

X 9B. DATED (SEE ITEM 11)

18-Dec-2015

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

10-Jan-2016

CODE

USACE, KANSAS CITY +

FEDERAL BLDG CT-H 601 E 12TH ST RM 647

KANSAS CITY MO 64106-2896

W912DQ 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912DQ-16-R-3000

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION B - SUPPLIES OR SERVICES AND PRICES

The following have been modified:

SECTION B

SECTION B – SUPPLIES OR SERVICES & PRICES / COSTS

1. Contract Definition

This Indefinite Delivery/Indefinite Quantity (ID/IQ) Multiple Award Task Order Contract (MATOC) is a part of the U.S. Army Corps of Engineers, Multiple Environmental Government Acquisition (MEGA) Strategy.

This solicitation will be for the award of two (2) ID/IQ MATOCs for Environmental Remediation Services (ERS) under NAICS Code 562910. MATOC A will primarily support existing and future U.S. Army Corps of Engineers (USACE) customers of the Districts within the Northwestern Division of USACE, and will include the ability to support the Environmental Protection Agency (EPA), Region 2. MATOC B will primarily support the EPA, Region 2, and will include the ability to support existing and future USACE customers of the Districts within the Northwestern Division of USACE. Only one (1) proposal will be accepted from each Offeror. Unless otherwise stated in its proposal, an Offeror’s proposal will be considered for award under both MATOCs. Fixed price and cost reimbursement Task Orders may be written against the ID/IQ contracts.

All Task Orders to be awarded under these MATOCs 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 tailored to specific project requirements and awarded IAW pre-established evaluation criteria.

The Government’s intent is to award two (2) MATOCs to include a target of five (5) contracts for each MATOC;

however, if the Source Selection Authority determines during the source selection process that fewer or more than five (5) contracts should be awarded, based upon the selection criteria, the Source Selection Authority 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 relating 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 contracts will be awarded only to qualified small business offerors who 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 $60 million for each MATOC. There is no limit of the number of Task Orders that may be executed against either MATOC. The cumulative total of all Task Orders issued under the MATOC shall not exceed the total contract capacity amount of $60 million for each MATOC.

4. Guaranteed Contract Amount

The minimum guarantee for each IDIQ is $2,500.00. 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 additional Task Orders are awarded under the contract in excess of the minimum guarantee, 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 ordering period of three (3) years plus one two (2) year option period or until the $60 million contract limit is reached, whichever comes first. This Solicitation also includes FAR 52.217-8, which if necessary, allows the Government to extend the term of the Contract an additional six (6) months. The total length of the contract ordering period, including the exercise of all option periods, will not exceed five (5) years and six (6) months 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 that are proposed by the offeror, but in no case shall they exceed the rates proposed in the tables below. Profit will be reflected in individual Task Orders issued. The hourly rates proposed for each firm-fixed price Task Order shall not exceed 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 any other markups that are included in the offeror’s fully burdened rate. All hourly rates shall be exclusive of profit. The disciplines listed in Table 1 are those that are most likely to be utilized on a FFP Task Order. 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 all disciplines and years listed in Table 1 below. 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.

Lower rates may be offered at the Task Order level, if deemed appropriate by the offeror. Offerors shall provide 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. The rates provided 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 with their subcontractor, the labor rates for those personnel that have been provided in this Solicitation. Those rates provided in Section B, Table 1 are the maximum that will be paid by the Government for any replacement personnel.

In Table 2 (Rates/Markups) below, offerors shall show the breakout of all rates and markups that are incorporated into the fully burdened rates proposed by the offeror in Table 1.

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 2018 for 12 months work, the maximum rates will be the rates that were effective on 1 Nov 2017. Under the same assumptions, if a modification to this Task Order is required in December 2018, labor rates effective on 1 Nov 2018 will apply.

Table 1

Maximum Hourly Labor Rates, Firm Fixed Price Task Orders

DISCIPLINE

PRIME

OR SUB

BASE

HRLY

RATE

Year 1

FULLY

LOADED

HRLY

RATE

Base

Period Year 1

FULLY

LOADED

HRLY

RATE

Base

Period Year 2

FULLY

LOADED

HRLY

RATE

Base

Period Year 3

FULLY

LOADED

HRLY

RATE

Option

Period 1/ Year 4

FULLY

LOADED

HRLY

RATE

Option

Period 1/ Year 5

FULLY

LOADED

HRLY RATE

6 MONTH

OPTION

PERIOD IF

NECESSARY

(52.217-8) Program Manager

Project Manager On-Site Contractor Quality Control Supv (CQCS)

Site Safety and Health Officer

(SSHO)

Geologist Chemist

Process Engineer

Field Technician

Clerical

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

Assume base year 1 labor rates cover period July 1, 2016 through June 30, 2017.

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

Prime and Subcontractor will perform the work, indicate “Both” in column 2 and enter a single maximum rate.

Offerors are to provide an example of how mark-ups are applied to the labor rates Offerors are to provide only one table with one rate per discipline. Table 1 must be completely filled out.

Joint Ventures must submit a single maximum rate in Table 1 for the JV If the cost for a discipline indicated above is included in an Offeror’s overhead rates as part of the Offeror’s standard accounting system, the Offeror shall enter an hourly rate of $1 and include an explanation below the table regarding how that discipline’s costs are accounted for under the Offeror’s standard accounting practices.

Table 2 Rates / Markups for FFP Task Orders

Base Contract Year 1

Year 2

Year 3

Option

Period 1/ Year 4

Option Period

1/Year 5

6 Month Option

Period – If Necessary (52.217-8)

Total Labor Home Office

Overhead Rate*

Field Office Overhead Rate*

G&A Rate* _________%

Fully Loaded Hourly Labor Rate Annual Escalation

*Must be substantiated by DCAA at a later time

NOTES:

1. Overhead and G&A rates should be shown separately.

2. The rates/markups provided in Table 2 are a breakout of the rates/markups incorporated into the fully burdened rates proposed by the offeror in Table 1.

3. For any mark-up that is not considered as Overhead or G&A in accordance with your company’s standard accounting practice, please adjust the table to include all applicable markups. If the table is adjusted, the Offeror shall provide documentation that the mark-up is part of your company’s standard accounting practices (examples: computer usage fees, Facilities Capital Cost of Money).

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 shall use DCAA/DCMA approved forward pricing rates, third party audited rates, or actual rates for individuals performing work if the offeror does not have DCAA/DCMA approved forward pricing rates or third party audited rates.

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. In accordance with FAR 16.301-3, the Contractor’s accounting system must be determined adequate for tracking costs for cost reimbursable work.

Therefore, in order to be awarded a cost reimbursable Task Order under this contract the offeror must have an accounting system that is adequate for tracking costs under cost reimbursable contracts. See Section L, paragraph

4.4 for further details.

6.3 Profit/Fee on Firm Fixed Price and Cost Reimbursable Task Orders

Offerors shall propose a maximum profit rate (for firm fixed price work) and a maximum fixed fee rate (for cost reimbursable work) in Table 3. The proposed maximum profit rate will be legally binding and will be the maximum profit rate the offeror will be allowed to propose for all firm fixed price work and cost reimbursable work performed under this contract. The proposed maximum fixed fee rate or maximum profit rate will be legally binding and will be the maximum fixed fee rate or profit rate the offeror will be allowed to propose for all work performed under this contract. Lower rates may be proposed on subsequent Task Orders/Modifications. Profit and fee will be negotiated on an individual Task Order and modification basis.

Table 3 Maximum Profit and Fee Rates

Maximum Fixed Fee Rate (Cost Reimbursable

Work) Maximum Profit Rate (Firm Fixed Price Work)

Note: Offerors must propose a single rate in Table 3. Do not propose separate maximum rates for subcontractors or Joint Venture partners. Do not submit different maximum rates for self-performed work and subcontracted work. The purpose of this table is to set a maximum profit/fee rate. On subsequent Task Orders and Modifications issued under this MATOC, Offerors may propose separate rates for Joint Ventures and subcontracted work at their own discretion; as long as they do not exceed the maximum rates identified in Table 3 above.

7. Department of Labor Wage Rates

For the purposes of the sample project, Department of Labor Wage Determination 2005-2349, Rev 17, dated July 08, 2015 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

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

SECTION C

SECTION C – PERFORMANCE WORK STATEMENT

PART I – GENERAL

1.1 Description of Work

This solicitation will be for the award of two Indefinite Delivery/Indefinite Quantity (ID/IQ), Multiple Award Task Order Contracts (MATOCs) for Environmental Remediation Services (ERS) under NAICS Code 562910. MATOC A will primarily support existing and future U.S. Army Corps of Engineers (USACE) customers of the Districts within the Northwestern Division of USACE, and will include the ability to support the Environmental Protection Agency (EPA), Region 2. MATOC B will primarily support the EPA, Region 2, and will include the ability to support existing and future USACE customers of the Districts within the Northwestern Division of USACE.

This Environmental Remediation Services (ERS) Contract will support work assigned for hazardous, toxic and radioactive waste (HTRW) remediation projects for both civilian and military agencies of the Federal Government. This contract for environmental response actions will include service and construction activities mandated by the Defense Environmental Restoration Program (DERP), Superfund, environmental compliance and pollution prevention projects under the Department of Defense Environmental Quality Program, Brownfields, Formerly Utilized Sites Remedial Action Program (FUSRAP), environmental cleanup activities under the Base Realignment and Closure (BRAC) Program, Department of Homeland Security and the Federal Emergency Management Agency (FEMA), and other environmental and homeland security laws and regulations requiring support activities for military installations, Corps' civil works projects, and work for other federal agencies. The DERP projects will include Installation Restoration Program (IRP) activities on active Army and Air Force installations and on Formerly Used Defense Sites (FUDS).

1.2. Scope of Work.

The contracts to be awarded will require personnel, plant and equipment to respond to numerous requests for environmental support for the EPA Region 2 customers and support for USACE Northwestern Division customers. Use of these MATOCs for work by other USACE Districts within the continental U.S. may be approved by the Kansas City District, after consultation with the Multiple Environmental Government Acquisition (MEGA) Strategy Team.

1.3. Work Scope, Contractor Capability, and Experience

The majority of the task orders that will be issued under this ERS contract will be to provide services and related construction to meet the 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 efforts necessary to implement environmental remediation services is included in this scope of work.

The Contractors selected for this work shall have the capability and experience to perform or provide a wide range of Long Term Response Action and Remedial Action services at hazardous waste sites. These efforts may include environmental removal actions, remedial actions, and other remediation activities as well as related activities necessary to complete a successful remediation, conduct Long Term Response Actions (LTRA). Construction efforts necessary to implement environmental remediation services is included in this scope of work. Remedial activities may include, but not be limited to, excavation, transportation, and disposal of hazardous, toxic, or low level radiological waste; asbestos and lead-based paint remediation;

building remediation and demolition; construction and operation of groundwater treatment plants and extraction systems; installation and operation of in-situ treatment technologies including but not limited to air sparging, chemical oxidation, chemical reduction, bioremediation, ground-water circulating wells, permeable reactive barriers, soil vapor extraction, and thermal treatment; water line installations/service connections hookups; and utility line replacement and/or remediation along utility lines; and erosion, sewer, and storm water controls for the purpose of compliance and/or pollution prevention.

Supporting activities include but are not limited to: Sampling and laboratory analysis of soil, groundwater, surface water, air, and sediments; preparation of work plans, reports, studies, and ability to conduct studies to support RCRA, CERCLA and other programs listed above; public participation such as presentation of both written and visual material; data analysis/interpretation/modeling, and data management; special studies such as Remedial System Evaluation (RSE), Monitored Natural Attenuation (MNA), State Historic Preservation Offices studies, Wetlands delineations, value engineering studies, energy studies, schedule analysis, and cost estimating.

1.4. Potential Additional Work Scope

The Contractors selected for this work may also be called upon to provide services and construction to support Department of Homeland Security and Federal Emergency Management Agency (FEMA) initiatives in the event of a terrorist threat, an actual terrorist incident, or other incident. This will require capabilities that will not specifically be evaluated under this Solicitation. These capabilities may include, but not be limited to, implementing measures to reduce environmental vulnerabilities, deterring terrorism and development of capabilities to combat and manage consequences and/or responding to hazardous, toxic, or radiological threats or incidents. These activities may involve weapons of mass destruction (WMD) or other terrorist weapons. Additionally, contractors selected may also be called upon to provide services for planning, design, and construction of measures required for population, area, and infrastructure and other protection efforts to include security engineering, vulnerability surveys, application of engineering evaluations and/or modifications of facilities to deter, defend against, and mitigate the effects of environmental threats, disasters, and attacks.

1.5. Background Information

The Contractor will receive from the Contracting Officer all necessary back-up data. For example, the Contractor will be provided with the remedial investigation/feasibility study and record of decision, if documentation exists, and plans and specifications, for an individual Task Order. It is the option of the Contracting Officer to require a site inspection with a representative of the Contractor before the negotiation of the Task Order/price.

1.6. Description of Task Order

The Contracting Officer or their authorized representative will provide the Contractor with a Scope of Work or a Performance Work Statement for work or service required. Performance based Task Orders will be issued against the awarded MATOCs pending the required approval is received in accordance with AFAR

5137.170-2. The Contractor shall provide the Government with a cost estimate within 30 days of the request unless specifically requested otherwise, depending on the work/Task Order. The individual Task Orders will be either firm fixed price, firm fixed price plus incentive fee, or cost plus fixed-, award- or incentive-fee type.

Optional tasks to be included in an individual Task Order shall be proposed by the Contractor in accordance with FAR Clause 52.236-28, DFARS 252.236-7000 and other applicable sections within the contract. The Contractor's proposal shall be supported by necessary documentation such as drawings, calculations, catalog cuts, specifications, and architectural renderings, to indicate that adequate engineering and planning to accomplish the requirement has been done. Task Orders will be competed among all members of the MATOC pool. All Task Orders will be solicited and competed in accordance with procedures in FAR

16.505. The Contractor will not be reimbursed for the cost of Task Order proposal preparation.

1.7 Cost Reimbursement Task Orders

This section outlines Government policies, procedures, practices, and requirements as it relates to cost reimbursement contracting mechanisms.

1.7.1 Contract Management Procedures

It is expected the Contractor will have in place standard operating procedures to cover its detailed procedures relating to cost reimbursement contracted work with the Government.

1.7.2 Proposal Requirements

The Government is concerned with the Contractor's ability to control and project costs on cost reimbursement orders since much of the risk associated with cost on cost reimbursement orders is borne by the Government.

Therefore, the successful Contractor shall exercise adequate cost control policies and procedures.

1.7.3 General

Cost control is also important because of the multiple funding sources possible under this contract. As such, work will be obligated and directed not only by Task Order, but by individual project funds. It is imperative that the Contractor be capable of estimating, budgeting, accounting, and reporting costs by individual funding source as well as work item. In accordance with FAR 16.104(h), the Contractor must be capable to track costs on cost-reimbursable actions. To the extent practical, the Government will attempt to segregate Task Orders or other work authorizations to a sole funding source for administrative convenience. The Contractor shall make available, upon request, supporting documents and provide for physical inspection or demonstration at the appropriate office, of its accounting system capabilities to support cost reimbursement contract accounting needs.

1.7.4 Management Organization, Responsibilities, and Authorities

The objective of cost reimbursement Task Orders is to obtain the specified work or service on time at the least possible cost. As such, the Contractor must demonstrate a management team and organization capable of performing its own management and subcontract management effectively and efficiently. Managers identified as key personnel must have the relevant experience and education to perform the possible scope of services. The primary Government authority under the contract is the Contracting Officer (KO).

Representatives of the Contracting Officer appointed in writing as authorized Contracting Officer's Representative (COR) or Administrative Contracting Officer (ACO) also serve as personnel of authority.

Only the KO or ACO may cause an increase in the contract obligation amount or schedule. Technical direction under a cost reimbursement Task Order may also be made by the COR as long as it does not impact cost or schedule.

1.7.5 Mobilization

Mobilization is a non-recurring cost unique to individual work sites for a given Task Order. Costs for mobilization will be reimbursed, if incurred, after formal execution of the relevant cost reimbursement Task Order. Mobilization costs prior to formal Task Orders are not reimbursable. Contractors are encouraged to segregate non-recurring costs such as mobilization when submitting task order proposals.

1.7.6 Management Information System (MIS)

Compliance with Department of Defense Instruction (DODI) 7000.2, Cost Schedule and Control System Criteria is not required; however, the principles of defining and maintaining a performance measurement baseline for comparison against the current estimate at completion and schedule are expected to be incorporated in some fashion in the Contractor's MIS. The MIS must be capable of integrating cost and recording progress payments for fixed-price and/or cost reimbursement type subcontracts. The Contractor shall provide personnel with successful experience in using the MIS tools.

1.7.6.1 This MIS must be capable of integrating 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.

1.7.6.2 As a minimum the system must have the following capabilities. All of these capabilities may not be required on every Task Order and will be required for each specifically based upon the need; however, if the minimum requirements of the system area not specified in the Task Order, the following apply:

The cost tracking system shall be maintained on-site and shall provide real time ability to capture costs and time phased budget and spending curves.

The cost tracking system shall have the ability to forecast costs.

The cost tracking system shall provide a daily report for review and approval by the Government.

The cost tracking system shall allow for active management and budgeting of Task Order costs, including but not limited to home office costs, direct field costs, indirect costs, subcontractor costs, equipment costs, and other project costs.

The cost tracking system shall have the ability to provide a weekly cost comparison/cost variance report. This report shall capture all committed/expended costs and shall allow the comparison of the forecasted total Task Order cost with the budgeted cost. It shall also show the overruns/under runs on the individual Task Order tasks.

1.7.7 Work Allocation Document (WAD)

1.7.7.1 The Work Allocation Document system may be used to allocate previously obligated contract funds by the Government to the Contractor and to further control the obligation or expenditures of funds for identified work. It is a series of numbered documents directly related to the Work Breakdown Structure (WBS) prepared by the Contractor, and approved by the KO, ACO, or COR.

1.7.7.2 After Task Order issuance, the Government may request the Contractor to submit WAD budgets in the government-specified WAD system format. This format will include: a) an approved WBS; b) a cost estimate keyed to the WBS; c) a schedule for the task; and d) a narrative description of the scope of work. The Government will review the submitted WAD/WADs and approve/disapprove as necessary. The budget estimates of costs for the work orders submitted for each WAD shall not exceed the total budget for that order.

1.7.7.3 If a WAD request includes work that is beyond the scope of work/services, a Task Order modification is required. When a modification is necessary, the Contractor must revise the WAD request to include this work.

1.7.7.4 Once WAD approval has been obtained, the Contractor will submit requests to the Government for the release of budget for one or more work orders/work elements within each WAD. No work will be performed until Government approval has been received and the budget is established for the task. The Contractor is authorized to expend and/or obligate funds under the order up to the dollar value authorized by the individual WAD. The Government may not reimburse the Contractor for costs incurred in excess of WAD allocations. Only allowable, allocable and reasonable costs will be considered for payment.

1.7.7.5 Transfer of funds between WADs due to overruns/under-runs will be strictly controlled by the Government. It is possible that WADs could have more than one funding source. If this is the case, the WBS for that WAD will identify and segregate funding sources into separate work elements for tracking and control.

1.7.7.6 The Government will not automatically utilize the WAD process on cost reimbursement Task Orders. Depending on the size, complexity, dollar value, and duration of a cost reimbursement Task Order, the Government may elect to control costs while still authorizing the Contractor to expend and/or obligate funds up to the full Task Order estimated cost. In either event, the Contractor is expected to utilize its cost control procedures to deliver to the Government at the least possible cost for the duration and work specified.

1.7.7.7 Work Variation Notice (WVN) and Authority To Proceed (ATP) documents may be utilized at the Government’s discretion. These documents will be initiated by the Contractor, signed by personnel with authority, and submitted to the USACE Project Manager, and other designated personnel, for review and approval. The formats for these documents are available upon request. These documents are to be used for cost reimbursement Task Orders. Copies of these documents are included in Section J.

1.7.8 Procurement and Subcontracting

1.7.8.1 Just as the Government clearly defines its procurement policy, the Contractor's procurement policy shall be clearly delineated. The Contractor shall utilize procurement and subcontracting procedures consistent with good faith principles and fair dealing. Further, where required, the Contractor will employ the principles and requirements of the Federal Acquisition Regulation.

1.7.8.2 The objective of the Government is to select Contractors that will raise the standards of subcontract administration while incorporating integrity and peer respect. Adequate staffing to perform subcontract management is required. Detailed Contractor procurement procedures and subcontract program plans are critical to the successful implementation of this contract. In accordance with FAR 44.203(a), the Contracting Officer’s consent to a subcontract or approval of the Contractor’s purchasing system does not constitute a determination of the acceptability of the subcontract terms or price, or of the allowability of costs, unless the consent or approval specifies otherwise.

1.7.9 Technical Changes and Claims

Contract clauses for changes and disputes are included for cost reimbursement Task Orders. The Contractor shall minimize subcontract disputes and effectively and efficiently control and process subcontract changes.

Pre-pricing of subcontract changes is preferred, as is a formal system of issuing subcontract changes where obligations are recorded in advance of issuance of drawing changes or Task Orders issued to the Contractor.

1.7.10 Closeout Procedures

All cost reimbursement Task Orders may require a final audit by the cognizant audit office of the Federal Government based on the final cost of the Task Order. The Contractor is expected to demonstrate procedures and processes that facilitate quick subcontract and supplier closeout and resolution of disputes.

1.8 Site-Specific Submittals. Site work shall not commence on a project until the Government, the Project Manager (PM), Contracting Officer’s Representative (COR) and other appropriate management personnel, as required, has approved all of the site-specific submittals required for each specific Task Order to include Insurance Certificates and Payment and Performance Bonds, if applicable. Submittals will be identified within each Task Order. Following are standard submittals for all Task Orders unless otherwise specified:

1.8.1 Work Plan. A comprehensive Work Plan shall be prepared, as required, to fully describe all aspects of the work to be completed. The Work Plan shall contain, when relevant, but not be limited to the following:

1.8.1.1 Work to be accomplished.

1.8.1.2 Discussion of implementation of the project including the method of operation, type of equipment, personnel required, data available, contaminant characterization, and other special considerations.

1.8.1.3 Schedule that presents the requirements to complete the required field work and key milestones.

1.8.1.4 Permits, licenses, and certificates, identification number, and locations of the disposal facility, if necessary

1.8.1.5 For projects where waste will be generated, whether it is hazardous or non-hazardous waste, a work plans shall cover 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.

1.8.1.6 Key personnel to be used on the project and their responsibilities.

1.8.1.7 Logs, reports, and record keeping to be utilized

1.8.1.8 Site specific assumptions and clarifications

1.8.1.9 Site Control measures

1.8.1.10 Plans as listed below, as required.

1.8.2 Health and Safety Plan. A Site-specific health and safety plan including safety practices, procedures, and equipment are required. The Contractor shall develop, implement, and enforce an Accident Prevention Plan (APP). The plan shall incorporate the requirements of 29 CFR 1910, Corps of Engineers EM 385-1-1 (Safety and Health Requirements, latest version) and ER385-1-92, (Safety and Occupational Health Requirements for Hazardous, Toxic, and Radioactive Waste (HTRW) Activities). The Health and Safety Manager shall sign and date the APP prior to submittal for approval.

1.8.3 Schedule. The Contractor shall prepare a project schedule for each individual Task Order. The schedule should show the proposed sequence to perform the work and dates contemplated for starting and completing all schedule activities. Provide a schedule that is a forward planning, as well as a project monitoring tool. Use the Critical Path Method (CPM) of network calculation to generate all Project Schedules.

Prepare each Project Schedule using the Precedence Diagram Method (PDM). The schedule will be approved by the USACE Contracting Officer or the USACE Project Manager/COR. The status of activities in the schedule will be updated by the Contractor to reflect the actual status. The schedule status will be included with Contractor Progress Reports as specified in the Task Order(s). The Progress Report shall discuss target and actual completion dates for each element of activity including project completion and provide an explanation of any deviation from the milestones in the work plan schedule. Where applicable, the Contractor shall establish and prepare a payment milestone schedule for each individual Task Order. This milestone schedule shall be approved by the Project Manager/COR.

1.8.4 Technical and Regulatory Reports. Technical and regulatory reports shall be prepared and submitted by the Contractor to the Contracting Officer for each project. All reports shall have a title page/header identifying the Contract and Task Order number; Contractor name; project name; location of project; report type; and date of submittal. The Task Order statement of work will further specify the submittals for each project. The submittal requirements may vary with the project or site. The Contractor shall provide CD ROM files for all submittals in original editable form (i.e. Microsoft Word, Excel, etc). All native files including graphics, photographs, data acquisition, and files for geophysical quality assurance shall be included in addition to Word and Excel files. All final documents shall be provided as a bookmarked PDF file. Partial submittals will not be accepted without prior approval from the USACE Project Manager. The government shall be allotted a minimum of two (2) weeks for review of and commenting on the draft document. The Government will utilize PROJNet (DrChecks) to manage comments unless otherwise specified in the Task Order. The Contractor shall address and resolve comments and provide a draft final report for Government backcheck and approval. The contractor is responsible for distribution of all documents. The number of documents specified and the delivery method (hard copy or electronic) shall be specified in each Task OrderThis milestone schedule shall be approved by the Project Manager.

1.8.5 Conference/Meeting Notes. The Contractor shall be responsible for taking notes and preparing the reports of all conferences/meetings. Conference/meeting notes shall be prepared in typed form and the original furnished to the Government (within seven (7) workdays after date of conference/meeting) for concurrence and distribution to all attendees. This report shall include a roster of attendees with name, organization, title, and contact information, and commends and decisions made affecting criteria changes and items discussed. The meeting attendees shall review and provide clarifications or corrections to the meeting notes within 3 days and the Contractor shall publish a final set of notes within 3 days of receipt of any clarifications/corrections.

1.9 Sustainable Practices.

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 2012) found at http://epa.gov/region2/superfund/green_remediation/ or other EPA green requirements as applicable.

1.10 Submittal Procedures

1.10.1 Submittals are those required and further described in the Statement of Work specifications of each individual Task Order. Submittals are classified as follows:

1.10.1.1 Government Approved

Government approval is required for extensions of design, critical materials, deviations, equipment whose compatibility with the entire system must be checked, and other items as designated by the Contracting Officer. Within the terms of the Contract Clause entitled "Specifications and Drawings for Construction," they are considered to be "shop drawings." Shop drawings shall be submitted in ample time (no less than 30 days or as defined in the Task Order) to secure approval prior to the time the items covered thereby are to be delivered to the site. ENG Form 4025 shall be used for the transmittal of shop drawings.

1.10.1.2 Information Only

All submittals not requiring Government approval will be for information only. They are not considered to be "shop drawings" within the terms of the Contract Clause referred to above.

1.10.2 Approved Submittals

The Government approval of submittals shall not be construed as a complete check, but will indicate only that the general method of construction, materials, detailing and other information are satisfactory. Approval will not relieve the Contractor of the responsibility for any error which may exist, as the Contractor under the

CQC requirements of this contract is responsible for dimensions, the design of adequate connections and details, and the satisfactory construction of all work. After submittals have been approved by the Government, no resubmittal for the purpose of substituting materials or equipment will be considered unless accompanied by an explanation of why a substitution is necessary.

1.10.3 Disapproved Submittals

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

1.10.4 Withholding of Payment

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

1.10.5 Approval of Submittals

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

1.10.6 Deviations

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

1.10.7 Control of Submittals

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

1.10.8 Information Only Submittals

Normally submittals for information only will not be returned. Approval of the Contracting Officer is not required on information only submittals. The Government reserves the right to require the Contractor to resubmit any item found not to comply with the contract. This does not relieve the Contractor from the obligation to furnish material conforming to the plans and specifications; will not prevent the Contracting Officer from requiring removal and replacement of nonconforming material incorporated in the work; and does not relieve the Contractor of the requirement to furnish samples for testing by the Government laboratory or for check testing by the Government in those instances where the technical specifications so prescribe.

1.10.9 As-Built Drawings.

The Contractor shall maintain two separate sets of red-lined full scale, as-built construction drawings marked up to fully indicate as-built conditions. These drawings shall be maintained in a current condition at all times until completion of the work and shall be available for review by Government personnel at all times. The contractor shall provide a conformed set of all as-built plans to the Government upon completion and acceptance of the work, unless otherwise indicated by the individual Task Order requirements.

1.11 Veterans Employment Emphasis for US 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, U.S. Army Corps of Engineers (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 http://www.fedshirevets.gov/index.aspx Department of Labor Veterans Employment Assistance http://www.dol.gov/vets Department of Veterans Affairs – VOW to Hire Heroes Act http://benefits.va.gov/vow/ Army Wounded Warrior Program – http://www.wtc.army.mil/modules/soldier/s2-aw2EligibilityEnrollment.html U. S. Chamber of Commerce Foundation – Hiring Our Heroes http://www.hiringourheroes.org/ Guide to Hiring Veterans – Reference Material http://www.whitehouse.gov/sites/default/files/docs/white_house_business_council_- _guide_to_hiring_veterans_0.pdf

1.12 Contract Performance Requirements

1.12.1 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 Contractor shall also follow the “Geology Supplement – MEGA” attachment included in Section J.

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.