B.08.02_Solicitation_W912DQ19R3006.pdf

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Jo.A.Mccue@usace.army.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 77

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W912DQ 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 3 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and

See Section L conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

JO A MCCUE 8163893822

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 6

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

7 - 22 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 25 - 29 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 30 - 31 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

32 - 53

PART II - CONTRACT CLAUSES

USACE, KANSAS CITY +

CONTRACTING DIVISION FEDERAL BLDG CT 601 E 12

KANSAS CITY MO 64106-2896 816-389-3812

816-389-3029FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

22 Aug 2019

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W912DQ19R3006

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 UNDEFINED Job Unrestricted PRAC - FFP Base Period

FFP

This CLIN is designated for Firm Fixed Price work. The Contractor shall perform Pre-Placed Remedial Action work in support of existing and future customers within the Northwestern Division of the Army Corps of Engineers (USACE) and the Environmental Protection Agency (EPA) Region 2.

FOB: Destination

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED Job Unrestricted PRAC - CPFF Base Period

CPFF

This CLIN is designated for Cost Reimbursement work. The Contractor shall perform Pre-Placed Remedial Action work in support of existing and future customers within the Northwestern Division of the Army Corps of Engineers (USACE) and the Environmental Protection Agency (EPA) Region 2.

MAX COST

FIXED FEE

TOTAL MAX COST + FEE

UNIT UNIT PRICE MAX AMOUNT

0003 UNDEFINED Job OPTION Unrestricted PRAC - FFP Option

FFP

This CLIN is designated for Firm Fixed Price work. The Contractor shall perform Pre-Placed Remedial Action work in support of existing and future customers within Northwestern Division of the Army Corps of Engineers (USACE) and the Environmental Protection Agency (EPA) Region 2. This option is governed by the clause 52.217-9 Option to Extend the Term of the Contract.

UNIT UNIT PRICE MAX AMOUNT

0004 UNDEFINED Job OPTION Unrestricted PRAC - CPFF Option

CPFF

This CLIN is designated for Cost Reimbursement work. The Contractor shall perform Pre-Placed Remedial Action work in support of existing and future customers within the Northwestern Division of the Army Corps of Engineers (USACE) and the Environmental Protection Agency (EPA) Region 2. This option is governed by the clause 52.217-9 Option to Extend the Term of the Contract.

UNIT UNIT PRICE MAX AMOUNT

0005 UNDEFINED Job OPTION Unrestricted PRAC - FFP Option

FFP

This CLIN is designated for Firm Fixed Price work. The Contractor shall perform Pre-Placed Remedial Action work in support of existing and future customers within Northwestern Division of the Army Corps of Engineers (USACE) and the Environmental Protection Agency (EPA) Region 2. This option is governed by the clause 52.217-8 Option to Extend Services.

UNIT UNIT PRICE MAX AMOUNT

0006 UNDEFINED Job OPTION Unrestricted PRAC - CPFF Option

CPFF

This CLIN is designated for Cost Reimbursement work. The Contractor shall perform Pre-Placed Remedial Action work in support of existing and future customers within the Northwestern Division of the Army Corps of Engineers (USACE) and the Environmental Protection Agency (EPA) Region 2. This option is governed by the clause 52.217-8 Option to Extend Services.

CONTRACT PRICING

1. General Contract Information

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 is an ID/IQ, MATOC for environmental remediation services under NAICS Code 562910. The MATOC will be used in support of existing and future USACE customers of the Districts within the Northwestern Division of the U.S. Army Corps of Engineers (USACE) and the Environmental Protection Agency (EPA) Region 2. Task orders will be issued as the need arises during the ordering period. Task orders may be firm fixed price or cost reimbursement type.

The contract is required to be registered under NAICS code 562910 in the System for Award Management (SAM) located at sam.gov. For assistance with SAM registration, the contractor should refer to the Federal Service Desk located at fsd.gov

2. Total Amount of Contract

The maximum value for all orders issued against the MATOC shall not exceed $185 million. There is no limit of the number of Task Orders that may be issued against the MATOC.

3. Guaranteed Contract Amount

The minimum guarantee for the IDIQ is $2,500. Task Order 0001 will be issued under each contract under the MATOC. The Task Order will satisfy the minimum guarantee. If the cumulative value of any additional task orders issued to the contractor is less than the minimum guaranteed amount, the contract may invoice for the remained of the minimum guarantee. If the cumulative value of any additional task orders issued to the contractor exceeds the minimum guarantee, Task Order 0001 will be de-obligated and closed at no additional cost or liability to either party.

4. Performance Period

Contracts will have a basic ordering period of three years plus one two-year option period or until the $185 million contract limit is reached, whichever comes first. This contract also includes the clause 52.217-8 Option to Extend Services, which if necessary, allows the Government to extend the term of the Contract an additional six (6) months.

The total length of the contract ordering period, including the exercise of all option periods, will not exceed five years and six months from date of contract award. A task order may have a period of performance that extends beyond the ordering period, but will not exceed five years beyond the last day of the ordering period (See clause 52.216-22 – Indefinite Quantity)

5. Pricing

5.1 Firm-fixed price (FFP) Task Orders.

The labor rates listed in Table 1 shall be the maximum allowable labor rates for firm fixed price task orders. The maximum labor rates apply to disciplines proposed by the prime contractor and any subcontractors. For the purposes of comparing a labor rate proposed on a task order to the maximum labor rate in Table 1, the Contracting Officer will add together all direct costs and applicable indirect costs.

FFP Task Orders will be for services performed at prices expressly provided for therein. In preparing proposals for firm fixed-price task orders, the contractor shall utilize the lesser of 1) the maximum labor rates from Table 1 or 2) labor rates that are based on the contractor’s current, accurate, and complete cost data at the time the proposal is being submitted, including the contractor’s forward pricing rates, if applicable. The labor rates provided are inclusive of all direct costs and applicable indirect costs (direct labor, fringe expenses, overhead, general and administrative expenses, etc.). The maximum labor rates shall not include an allowance for 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.

Rates shall be governed by the date of the Task Order requirement. Task Orders will use the prices for the labor rates that are effective on the date the Task Order is issued. Modifications to Task Orders will reflect the rates that are current at the time the modification will be effective. For example, if the labor rates change on 1 November of each year, and a Task Order is issued on 1 September 2021, the maximum rates will be the rates that were effective on 1 November 2020. Under the same assumptions, if a modification to this Task Order is required in December 2021, labor rates effective on 1 November 2021 will apply.

Table 1 Maximum Hourly Labor Rates, Firm Fixed Price Task Orders

Hourly Labor Rates 3-Year Base Period2 2-Year Option Period3

6-MONTH

OPTION4

DISCIPLINE Base Rate1 Year 1 Year 2 Year 3 Year 4 Year 5

Program Manager

Project Manager On Site Superintendent

On-Site Contractor Quality Control Supv (CQCS)

Site Safety and Health Officer

(SSHO)

Geologist Chemist

Process Engineer

Field Technician

Clerical

Notes:

1 Unburdened labor rate 2 Fully burdened labor rate during the three-year base ordering period 3 Fully burdened labor rate during the two-year option ordering period (52.217-9) 4 Fully burdened labor rate during the six-month option ordering period (52.217-8)

5.2 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 proposals under cost reimbursement type Task Orders, the Contractor shall use labor rates that are based on the contractor’s current, accurate, and complete cost data at the time the proposal is being submitted, including the contractor’s forward pricing rates, if applicable.

6. Department of Labor Wage Rates

For individual Task Orders written against the contract, the appropriate Department of Labor Wage Determination will be provided.

7. Travel

Costs incurred by contractor personnel on official company business are allowable, subject to the limitations contained in FAR 31.205-46. In preparing price proposals/cost estimates for task orders and modifications thereto, contractor shall not apply a markup for profit/fee to the proposed travel costs.

Section C - Descriptions and Specifications

SECTION C

PERFORMANCE WORK STATEMENT

PART 1 GENERAL

1.1 DESCRIPTION OF WORK

This Pre-placed Remedial Action Contract (PRAC) will support work assigned to the U.S. Army Corps of Engineers (USACE) Northwestern Division and the Environmental Protection Agency (EPA) Region 2, 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 Energy, Veterans Administration, 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, USACE’s 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 contract requires personnel, plant and equipment to respond to numerous requests for environmental support for the USACE Northwestern Division. This Pre-placed Remedial Action Contract (PRAC) primarily supports work assigned to the USACE Northwestern Division. It is anticipated that the majority of the work may be conducted within EPA Region 2. Use of this contract for work by other USACE districts within the continental U.S. may be approved by the Kansas City District, after consultation with the MEGA Acquisition Strategy Team.

1.3 WORK SCOPE, CONTRACTOR CAPABILITY AND EXPERIENCE

The Contractor shall have the capability and experience to perform or provide a wide range of 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 ensure complete and successful remediation.

Remedial activities may include, but not be limited to, excavation, transportation, and disposal of hazardous, toxic, or low level radiological waste; construction and operation of groundwater treatment plants and extraction systems;

dredging of contaminated sediments; decommissioning of existing facilities; installation and operation of in situ treatment technologies including but not limited to air sparging, chemical oxidation, chemical reduction, enhanced bioremediation, ground-water circulating wells, permeable reactive barriers, soil vapor extraction, and thermal treatment; remediation incidental to munitions constituents; mine waste reclamation or reclamation of abandoned mine lands; 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; monitoring well, extraction well, and injection well installation, monitoring, and maintenance; supporting facilities for construction; work plan preparation; construction completion reports, as-built drawings, periodic monitoring reports, operation and monitoring reports, and other documents as needed; demolition; and public relations activities.

1.4 POTENTIAL ADDITIONAL WORK SCOPE

The Contractor 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 or other terrorist weapons. Additionally, the contractor 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 mitigates the effects of environmental threats, disasters, and attacks.

1.5 SITE-SPECIFIC SUBMITTALS

Site work shall not commence on a project until the Government, the Project Manager (PM), 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:

1.5.1 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 but not be limited to the following:

1.5.1.1 Work to be accomplished.

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

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

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

1.5.1.5 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 Waste, as well as all federal, state, and local regulations.

1.5.1.6 Key personnel to be used on the project and their responsibilities

1.5.1.7 Logs, reports, and record keeping to be utilized

1.5.1.8 Site specific assumptions and clarifications

1.5.1.9 Site Control measures

1.5.1.10 Plans as listed below, as required.

1.5.2 Health and Safety

For Task Orders involving health and safety, the Contractor shall follow the guidance in Section J, Attachment 9 “Health and Safety Supplement to the Scope of Services - Multiple Environmental Government Acquisition

(MEGA).”

1.5.3 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 KO 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.

1.5.4 Sampling and Analysis

For Task Orders involving sampling and analysis, the Contractor shall follow the guidance in Section J, Attachment 8 “Chemistry Supplement to the Scope of Services - Multiple Environmental Government Acquisition (MEGA).”

1.5.5 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.

1.5.6 Contractor Quality Control Plan

The Contractor is required to prepare a CQC Plan for each Task Order, specific to the work required under that Task Order and operations will be permitted to begin only after Government acceptance of the CQC Plan or acceptance of an interim plan applicable to the particular feature of work to be started. The CQC Plan shall identify the personnel, plans, procedures, and organization for the work to be completed on a specific Task Order to effectively demonstrate how the Contractor will ensure quality deliverables. Additional QC requirements are included in the “NWK Supplement for Contractor Quality Control Plans for Remedial Actions”, which is included as an attachment in Section J of this solicitation.

1.5.7 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 in hardcopy and native electronic files to the Government upon completion and acceptance of the work, unless otherwise indicated by the individual Task Order requirements.

1.5.8 Hydrogeology/Geology Requirements

For Task Orders involving collection of data related to delineation/characterization of subsurface contaminants, the Contract shall follow the guidance in Section J, “Hydrogeology/Geology Requirements".

1.6 SUBMITTAL PROCEDURES

1.6.1 Submittals

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

1.6.1.1 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 KO.

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.

1.6.1.2 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.

Normally submittals for information only will not be returned. Approval of the KO 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 KO 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.

1.6.2 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.

1.6.3 Disapproved Submittals

The Contractor shall make all corrections required by the KO and promptly furnish a corrected submittal in the form and number of copies specified for the initial submittal. CAUTION: The Contractor is cautioned that for each Contractor's resubmittal required beyond the initial submittal and one resubmittal for corrections required by the KO, the KO will assess Administrative Deduction in the amount of $500.00 from the progress payments due the Contractor.

1.6.4 Withholding of Payment

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

1.6.5 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.

1.6.6 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.

1.6.7 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.

1.7 SUSTAINABLE PRACTICES

Projects executed for EPA Region 2 shall use technologies and practices that are sustainable in accordance with EPA’s Consideration for Greener Cleanup Activities (April 2016) found at https://www.epa.gov/superfund/superfund-green-remediation or other EPA green requirements as applicable.

PART 2 - PRODUCTS (Not Applicable)

PART 3 - EXECUTION

3.1 ENVIRONMENTAL REQUIREMENTS

All remedial actions shall be in full compliance with applicable Federal, State and local environmental laws and regulations including but not limited to: Pertinent Occupational Safety and Health Administration and Department of Transportation requirements, National Environmental Policy Act, Clean Water Act, Clean Air Act, Endangered Species Act, Toxic Substances Control Act, Resource Conservation and Recovery Act as amended by the Hazardous and Solid Waste Act, and Comprehensive Environmental Response and Compensation and Liabilities Act as amended by Superfund Amendments and Reauthorization Act. The Contractor shall assure that all activities performed by his personnel, subcontractors and suppliers are executed as required by these laws and regulations.

Any incidents of releases, spills, or regulation noncompliance noted by the Contractor shall immediately (within 1 hour) be brought to the attention of the KO or his representative with written notice provided. The Contractor shall also ensure that the National Response Center is notified as well. Nothing in this contract shall relieve the Contractor of his responsibility to comply with these laws and regulations.

The Contractor shall perform all work in a manner that minimizes the pollution of air, water or land and develop contingency measures for cleanup of any spills that may occur during the performance of this Contract. The allowability of spill correction costs incurred by the Contractor shall be determined by the contract clauses. The Contractor shall control noise and dust within reasonable limits or limits established by applicable Federal, state, and local laws and regulations. A site survey may be required to identify any wetlands, endangered species, special habitat or other protected areas such as cultural resource sites. Task Orders may include specific environmental protection requirements.

3.2 PERMITS/LICENSES

The Contractor shall meet the substantive and/or administrative requirements of all environmental permits, licenses, and/or certificates required by each Task Order. The Professional Corporation and/or Professional Engineer requirements for the states of New York and New Jersey and other similar requirements within EPA Region 2 and CENWD are included for all work, as applicable. Provide the KO with copies of all required permits, permit equivalencies, licenses and certificates when requested. All required clearances, such as digging permits and utility locates, shall be obtained prior to initiation of drilling or excavating operations.

3.3 TRANSPORTATION, STORAGE, TREATMENT AND/OR DISPOSAL OF HAZARDOUS WASTES

The Contractor shall ensure that his personnel and all subcontractors handle, transport, store, treat and/or dispose of all hazardous wastes as required by the applicable laws and regulations. The Contractor shall review all information provided and develop the necessary deliverables which contain the transportation and disposal criteria, procedures, and practices sufficient to protect personnel, the environment, and potential off-site receptors from chemical, physical, and/or biological hazards. The Contractor shall utilize the services of a Regulatory Specialist (see paragraph: 3.7.8, Regulatory Specialist) experienced in hazardous waste manifesting and hazardous waste site operations. If the information that is available is insufficient to allow the Contractor to develop these documents, a description of all additional information required shall be prepared and submitted to the KO, prior to the commencement of work.

3.3.1 Transportation, Storage, Treatment and/or Disposal of Hazardous Materials

The Contractor shall ensure the transportation, storage, treatment, and disposal of all hazardous materials complies with all federal, state, and local laws and regulations. The Contractor shall identify and perform any additional analyses necessary to ensure compliance with transportation, storage, treatment, and disposal requirements.

Selection of the approved Treatment, Storage, or Disposal Facility (TSDF) shall be based upon cost-effectiveness, compliance status, regulatory agency input and KO approval. If the waste is sent for off-site storage or disposal, the Contractor shall provide to the KO at a minimum what is listed below.

3.3.1.1 Transportation

Transportation to an approved TSDF shall comply with all appropriate DOT regulations. The Contractor shall judiciously coordinate the transportation of waste so that transporters arrive on schedule. With each Task Order Proposal, the Contractor shall provide the name, location, point-of-contact, EPA identification, and verification that the transporter is a licensed Hazardous Waste Transporter in accordance with D.O.T.

regulations, and Notice of Violation (N.O.V.) status.

3.3.1.2 Identification of the Disposal Facility

The Contractor shall characterize the waste stream to determine the most cost-effective TSDF facility which is in compliance with Federal, State and local laws and regulations. A minimum of three quotes will be submitted with each Proposal for treatment, storage or disposal of each waste stream. For each quote the Contractor shall provide the facility name, location, point of contact, telephone number, unit cost, total cost for treatment, storage or disposal, transportation, taxes and disposal fees. Additionally, the Contractor shall provide in the Proposal a list of all TSDF facilities contacted, regardless if a quote was not received. The list shall state the facility name(s), location, point of contact, telephone number and reason quote was not received. Based on the information received during this process, the Contractor shall provide within the

Cost Proposal the name, location, point-of-contact, identification, and N.O.V. status of the selected disposal facility.

3.3.1.3 Shipment Tracking

The Contractor shall notify the KO if shipments to the TSDF are within the required time frames and provide all required reports if receipt has been delayed (i.e. discrepancy reports or exception reports. See paragraphs titled “Discrepancy Reports”, and “Exception Reports” for details.) The Government shall not be liable for any delays caused by the selected carrier. Any delays caused by the Disposal Facility (if waste is being disposed of separately under the Government’s current waste disposal contracts) shall not exceed the special damages costs that can be recouped by the Government under those contracts.

3.3.1.4 Tracking of Hazardous and/or Solid Wastes

Hazardous and/or solid wastes shall be removed from the site by the Contractor and disposed of at a facility approved by the KO. The Contractor shall receive written acceptance from the TSDF prior to mobilization for Transportation and Disposal (T&D). The Contractor shall submit and utilize a tracking system acceptable to the KO. In instances where characteristic wastes are deactivated on site or at the TSDF and sent to a Subtitle D facility, the Contractor will follow appropriate notification and certification requirements under 40 CFR 268.9. This information shall be presented in the Final Report covering field activities.

3.3.1.5 Certification

An integral part of the certification procedure is proper identification of waste streams. The Contractor is responsible for reviewing generator supplied site documentation and submitting as part of the manifest package the logic relied upon in making the determination. If records or waste history are unavailable, the Contractor shall interview the generator or any available past site workers present when the waste was disposed to ascertain the origin of the waste. If requested by the KO, the Contractor shall draft, for generator signature, a letter to the TSDF certifying that the information listed is based on available historical data.

3.3.2 Complete Manifest Package

The Complete Manifest Package consists of, at a minimum, all hazardous waste manifests, PCB manifests, hazardous material shipping papers, waste profile sheets, the land disposal restriction notification and certification forms, and all other supporting documentation. Supporting documentation shall include waste disposal history, all analytical results, Material Safety Data Sheets available, and any other information received in identifying the proper waste code. The Contractor shall also include as part of the supporting documentation, the specific type of inner and outer packaging, markings, labeling, and placards offered to the transporter. The Contractor shall also comply with the requirements below.

3.3.2.1 Preparation

The Contractor shall have a single Regulatory Specialist (see paragraph 3.7.8, Regulatory Specialist) review the complete manifest package and shipping documentation. The Regulatory Specialist shall certify as correct the Hazardous Waste Manifest, Waste Profile Sheets, and Land Disposal Restriction Notification and Certification forms and supporting documentation. Once the review is completed, the Contractor shall submit these documents to the KO for approval.

3.3.2.2 Submittal

The Regulatory Specialist shall submit to the KO a reproducible copy of the Complete Manifest Package for each particular waste stream. The Contractor shall hold the original "Complete Manifest Package" and make corrections based on KO approval (see paragraph titled “Approval”) prior to submittal to the generator's representative for signature. Submittals that are disapproved will be returned to the Contractor to be revised.

3.3.2.3 Approval

The Contractor shall not transport or ship any wastes prior to KO approval of the Complete Manifest Package. The Government will make every effort to conduct the approval process within five (5) working days after the KO receives the Complete Manifest Package. If the regulators are unavailable or extensive review of Federal or State laws or regulations is required, the KO will notify the Contractor as soon as possible.

3.3.2.4 Designation of Generator

The generator and signer of Hazardous Waste Manifests, Waste Profile Sheets and Land Disposal Restriction Notifications and Certifications shall be identified by the KO as soon as possible. The Contractor shall submit a fully executed and Complete Manifest Package, including final disposition information, covering all solid and hazardous waste disposal under this contract as an appendix in the Final Report covering the field activities, as well as the above information and quantities shipped. The Contractor may sign the manifest “For U.S. Army Corps of Engineers” if required by a specific Task Order.

3.3.2.5 Transportation of the Manifested Waste

The Contractor's on-site personnel overseeing the Transporter prior to shipment of the hazardous waste shall certify that the packaging, marking, labeling, handling, and placarding of waste complies with Federal, State, and local laws and regulations and it correlates with the waste classification and quantities designated on the manifest prior to the signature of the Transporter. The certification shall be submitted to the KO prior to transport and included as part of the Final Report.

3.3.2.6 Generator Status

The Contractor shall determine the contribution to the generator's status at the site, for work performed under this Task Order, based on Federal, State, and local laws and regulations. Generator status may include conditionally-exempted small quantity generator, small quantity generator, and generator.

3.3.3 Transportation and Disposal Reporting Requirements

The reporting requirements stated below just pertain to the transportation and disposal of wastes as stated in this subsection.

3.3.3.1 Hazardous Waste Manifest Annual and/or Biennial Reporting Requirements

All information necessary to file the Annual and/or Biennial reports shall be prepared and submitted by the Contractor to the KO for each Task Order to meet all Federal or State laws and regulations as a part of the Final Report. These report sections shall contain all the information necessary for the filing of the formal report in the form and format required by the governing Federal or State regulatory agency. A cover letter shall accompany the report to include the Contract number; Contractor name; USACE Task Order number and project name; location of project; report type; and date of submittal.

3.3.3.2 Tabulated Waste Handling Information

The Contractor shall list all waste materials going off-site including the description, quantity, destination, purpose, the hazardous waste classification, when the waste was manifested, samples taken, results, transportation plans, disposal facility, etc; if applicable.

3.3.3.3 State Reporting Requirements

The Contractor shall determine the State reporting requirements (i.e., generator State and/or disposal State) and obtain current State reporting forms. A completed draft of all required forms, with applicable attachments, shall be submitted to the KO for approval prior to submission to the Federal or State regulator.

The State reporting forms shall also be included within the Final Report.

3.3.3.4 Transportation and Disposal Tracking Form

The Contractor shall complete the Transportation and Disposal Tracking Form provided with the Task Order. This form allows the tracking of key T&D milestones throughout the performance of this Task Order. The form lists all waste materials going off-site. When tracking the waste, the Contractor shall identify the date that the transporter accepts the waste by their signature on the manifest.

3.3.3.5 Discrepancy Reports

Discrepancies due to differences between the quantities or types of hazardous waste designated on the manifest or shipping papers, and the quantity or type of hazardous waste a facility actually receives shall be reported to the KO and rectified by the Contractor within 15 days after receiving the waste. This information shall be presented in the Final Report.

3.3.3.6 Exception Reports

The Contractor shall verify if the generator or generator's representative has received a copy of the signed manifest from the TSDF on or before the 35th day after transporter signature. If the generator or generator's representative has failed to receive a signed copy of the manifest by the 44th day, the Contractor shall prepare a draft EPA exception report for KO approval. The Final Exception Report shall be submitted to the KO no later than the 45th day after transporter signature. This information shall also be presented in the Final Report. Prior to official submittal of Exception Report, a draft copy of the report shall be submitted to the KO for review. The Government will make every effort to conduct the approval process within five (5) working days after the KO receives the complete Exception Report.

3.3.3.7 Toxic Substance Control Act PCB Reporting Requirements

If specified in the Task Order, or in the event of discovery of equipment or containers, or any media including soil or water with PCB-contaminated fluid impacted by the work in Task Order, the Contractor shall:

a. notify the KO immediately and report the findings in writing as soon as possible;

b. complete and submit all necessary logs and reports in accordance with Federal and State laws and regulations;

c. satisfy all manifest and reporting requirements as specified in paragraphs COMPLETE MANIFEST PACKAGE, and T & D REPORTING REQUIREMENTS above, and as otherwise applicable to the PCB containing material;

d. arrange for the proper disposal of the waste; and, when disposal is completed, certify that the PCB contaminated material was disposed properly in accordance with all Federal, State, and local laws and regulations; and

e. report all information concerning the incident, and include copies of all related documents in the

Final Report.

3.3.3.8 On-Site Personnel

The Contractor shall utilize a trained, experienced on-site person to ensure that all on-site procedures for transportation and disposal of hazardous wastes are implemented and enforced on-site. The on-site person responsible for certification shall be trained as per D.O.T. regulations. The on-site person's qualifications shall be approved by the KO.

3.3.4 Contractor Responsibilities

The Contractor is responsible for total management of their Transportation and Disposal procedures including scheduling, control, and certification of all manifest submittals. An integral part of the certification procedure is proper identification of listed waste streams. The Contractor is responsible for reviewing generator supplied site documentation and submitting as part of the manifest package the logic relied upon in making the determination. If records or waste history are unavailable, the Contractor shall interview the generator or any available past site workers present when the waste was disposed to ascertain the origin of the waste.

If requested by the KO, the Contractor shall draft, for generator signature, a letter to the TSDF certifying that the information listed is based on available historical data.

3.3.5 Government Responsibilities

The Government will review submittals designated for Government approval and approve those that conform to Contract requirements. Approval will not relieve the Contractor of the responsibility for any error which may exist, as the Contractor under the requirements of this contract is responsible for ensuring that the quantities, waste characterizations and classifications, and all other details of the waste on-site matches what is on the manifest prior to signature of the manifest. After submittals have been approved by the KO, no resubmittal for the purpose of changing the manifest's waste classification will be given consideration unless accompanied by justification as to why a change is necessary.

3.3.6 Regulator Notices of Non-Compliance

In the event the Contractor is notified by a Federal, State, or local agent that a manifest, shipment, waste disposal, or any related activity concerning a Task Order under this Contract is not in order or not in compliance with any requirement, the Contractor shall notify the KO immediately. The Contractor shall furnish to the Government copies of all notices and all relevant documents, including correspondence, subcontracts, lab reports, memoranda, and any other documents requested by the Government within a timely manner. The Contractor shall coordinate its response to the notice with the KO prior to submission to the notifying authority, and shall furnish a copy to the KO of all documents submitted to the authority, including the final reply to the notice. This coordination will not relieve the Contractor of their responsibilities.

3.3.7 Subcontractor Coordination

If the subcontractor, consultant, or agent is retained by the Contractor to perform any of the work required by this section of the Contract, the subcontract shall include all of this section, with appropriate adjustments for the subcontract, and include the Regulatory Specialist or other authorized employee of the Contractor as the point of contact for the submittals and communications between the subcontractor and the Government. The Contractor shall remain responsible for compliance with this section and all other portions of the Contract and shall sign all certifications required by the Contract.

3.4 RADIOLOGICAL EQUIPMENT

In accordance with Requirement 06.E of EM 385-1-1, entitled Safety and Health Requirements Manual, (the USACE safety manual) the Contractor is required to obtain a service permit to use, store, operate or handle a radiation producing device or radioactive materials on a Department of Defense (DoD) Installation. The Contractor shall request that the KO obtain the service permit and shall provide all information necessary for the permit application requirements. The Contractor shall allow 45 days for the permit to be obtained. In some areas there are additional State or local permits or approvals which must be obtained and the same procedure shall be followed.

3.5 SAFETY AND HEALTH

3.5.1 General

This subsection describes in general terms, the minimum Contractor safety health and emergency response requirements associated with this contract. The Contractor shall have an ongoing Safety and Health Program meeting the requirements of the OSHA and USACE standards. Note that the requirements stated in EM 385-1-1 are often more stringent than OSHA requirements, and the Contractor shall comply with all requirements as applicable.

The Contractor shall prepare, implement, and enforce the applicable and approved APP. The APP shall be validated by the Contractor annually. Validation shall include review by the Contractor's qualified personnel, necessary revision, and completion of a new signature page.

3.5.2 Approval of APP

Government approval of the Contractor's APP is required prior to start of field activities. Changes to the approved plan shall not be implemented without written concurrence from the KO. The Government reserves the right to require the Contractor to make changes in the APP and/or operations to assure the safety and health of site workers and the public.

3.5.3 Regulations

The Contractor's APP must be approved by the KO before contract award. Any additions or revisions required by the KO shall be incorporated by the Contractor. The Contractor’s APP and all subsequent amendments (if applicable) shall comply with the following regulations:

3.5.3.1 Federal Acquisition Regulation (FAR) clause 52.236-13 Accident Prevention

3.5.3.2 OSHA Standards - 29 CFR 1910 and 29 CFR 1926

3.5.3.3 USACE Safety and Health Requirements Manual, EM 385-1-1 (most current version)

3.5.3.4 Safety and Occupational Health Document Requirements for Hazardous, Toxic, and Radioactive

Waste (HTRW) and Ordnance and Explosive Waste (OEW) Activities, ER 385-1-92

3.5.3.5 Other applicable Federal, State and local regulations

3.5.4 Responsibility

The overall responsibility for the development, implementation and continued enforcement of the Accident Prevention Plan lies with the Contractor.

3.6 ENGINEERING REQUIREMENTS

The engineering…