B.08.03 Amend 0001 - W912DQ21R3003 (20210309) with Attachments.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 and details of changes are incorporated on the Continuation Page for Amendment 0001.

1. CONTRACT ID CODE PAGE OF PAGES

U 1 51

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

16C. DATE SIGNED

BY 09-Mar-2021

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W912DQ21R3003

X 9B. DATED (SEE ITEM 11)

23-Feb-2021

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, 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

09-Mar-2021

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:

W912DQ21R3003

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

1. The purpose of Amendment 0001 is to change the following sections and attachments:

A. Request for Proposal (RFP) due date has been adjusted from March 25th, 2021 at 4:30 pm, Kansas City, local time to April 1st, 2021 at 4:30 pm, Kansas City, local time.

B. Section C – Statement of Work

Deleted text that read, “Additionally, if the order shall involve the Transportation, Storage, Treatment and/or Disposal of Hazardous Materials, the proposal shall include the information discussed in paragraph 2.20”. This sentence was the last sentence under 3.2.4 - Supporting Documentation.

C. Section J - List of Documents, Exhibits and Other Attachments (changes in red).

Added Attachment 13 – “Sample Project Wage Determination for Middlesex County, New Jersey”.

D. Section L – Instructions, Conditions and Notices to Offerors (changes in red).

Adjusted expiration date of the Bidder Inquiry System from March 12th, 2021 to March 16th, 2021. The time remains the same at 12:00 (noon) Kansas City, local time.

Verbiage of how a project is defined under 3.2, Volume I, Factor 1 – Company Experience

Added text under 3.3.2, CAGE Codes and DUNS Numbers

Adjusted sentence to read, “All offerors proposing a Joint Venture, shall submit the required information in paragraph 4.1.a.” from saying, “4.2.a”

Changed verbiage under 4.2, Volume II, Tab 2 – Representations, Certifications, and Other Statements of Offerors (Section K).

Changed paragraph b. of 4.3, Volume II, Tab 3 Accounting/Audit/Earned Value Management System Information

Changed attachment number from Attachment 1 to Attachment 10 under 4.5, Volume II, Tab 5 Cost/Price Proposal

Added Provision 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements as a reference

Added Provision 252.215-7008 Only one Offer as a reference

E. Section M – Evaluation Factors for Award (changes in red).

Added text to 4.0 Evaluation Criteria for Volume I, Factor 1 (Company Experience) under d.

F. Attachment 1 - Binding Capped Labor Rate Schedule (changes in red)

G. Attachment 10 – ERS Sample Project & Price Schedule

2. All other terms and conditions remain unchanged and in full force and effect.

(End of Summary of Changes)

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

STATEMENT OF WORK (SOW)

ENVIRONMENTAL REMEDIATION SERVICES (ERS)

MULTIPLE AWARD TASK ORDER CONTRACT (MATOC)

09 FEB 2021

1.0 GENERAL

1.1 DESCRIPTION OF WORK

This performance-based Indefinite Delivery/Indefinite Quantity (ID/IQ) Multiple Award Task Order Contract (MATOC) for Environmental Remediation Services (ERS). This ERS will support work assigned to the U.S. Army Corps of Engineers (USACE) Northwestern Division and the U.S. 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 (DOD) 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 (DHS) 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). It is anticipated that majority of the work will be conducted within EPA Region 2 boundaries with some work in the USACE Northwestern Division boundaries.

Orders issued under this MATOC will primarily support work assigned to the Kansas City District. 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 Multiple Environmental Government Acquisition (MEGA) Strategy Team.

1.2 SCOPE OF WORK

The purpose of this action is to provide the necessary professional and technical support services to ensure the required mission objectives are completed timely. Services and construction may include, but are not limited to, environmental remediation services listed below. The Contractor, operating as an independent Contractor and not as an agent of the Government shall provide all labor, tools, materials, facilities, equipment, supervision, and other items necessary (unless stated elsewhere in this document or in the specific order). The Contractor may be required to perform work under multiple task orders at different sites simultaneously. Typical examples of potential areas of work are as follows:

1.2.1 Environmental Remediation Services

It is anticipated that the majority of the task orders will be providing 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, 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 Contractor shall have the capability and experience to perform or provide a wide range of remediation services at hazardous waste sites. These efforts may include investigation and field studies (both on-site and off-site) work, 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), or long-term monitoring (LTM).

1.2.2 Construction Support

Construction efforts necessary to implement environmental remediation services 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;

Implementation and operation of in-situ treatment technologies including but not limited to air sparging, chemical oxidation, bioremediation, ground-water circulating wells, permeable reactive barriers, soil vapor extraction, and thermal treatment;

Water line installations/service connections hookups;

Utility line replacement and/or remediation along utility lines;

Erosion, sewer, and storm water controls for the purpose of compliance and/or pollution prevention.

1.2.3 Other Support Activities

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.

1.2.4 DHS and FEMA Support

Support services and construction for DHS and FEMA initiatives in the event of a terrorist threat, an actual terrorist incident, or other incident. Some examples include, but are not limited to the following:

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;

Combat and manage consequences responding to activities involving weapons of mass destruction (WMD) or other terrorist weapons;

Support for planning, design, and construction of measures required for population, area, and infrastructure;

Other protection effort support 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.

2.0 TECHNICAL REQUIREMENTS FOR ORDERS

2.1 GOVERNMENT’S POINTS OF CONTACT AND ROLES

2.1.1 Contracting Officer (KO)

A KO is a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the KO acting within the limits of their authority as delegated by the KO.

Only a warranted KO has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the KO attempts to make changes to the terms and conditions of this contract or its orders, you shall not proceed with the change and shall immediately notify the KO.

2.1.2 Contracting Officer's Representative (COR)

A COR is a federal employee delegated limited authority by a KO to monitor and perform specific, enumerated contract management duties related to contract planning, contract administration, technical oversight, and closeout to ensure that the Contractor’s performance meets the standards set forth in the contract.

Upon award of an order, the KO for the Government will designate an authorized COR to supply the Contractor with any appropriate Government furnished data and other necessary documents or equipment.

The COR may provide technical direction on the contract or task order as long as the work is NOT outside of the scope; does NOT constitute a change under the “Changes” clause;

results in an increase/decrease in the estimated cost; alters the period of performance; or changes any of the other terms or conditions. Examples of technical direction are instruction to the Contractor that approves approaches, solutions, designs, or refinements;

fills in details; completes the general description of work; shifts emphasis among work areas or tasks; and evaluation and acceptance of reports or other deliverables.

Technical direction will be issued in writing or confirmed in writing within five (5) business days after oral issuance. The KO will be copied on any technical direction by the COR. If, in the Contractor’s opinion, any instruction or direction by the COR falls within those areas in the above paragraph, the Contractor shall not proceed but shall notify the KO in writing within three (3) business days after receiving the direction and shall request that the KO either: (1) provide in writing that the technical direction is within the scope of the contract effort and does not constitute a change under the “changes” clause; (2) Advise whether the Government will issue a written modification to the contract; or (3) Advise the Contractor the technical direction is outside the scope and is thereby rescinded. Any failure between the Contractor and the KO in regards to the technical direction shall be subject to the provisions of the “Disputes” clause.

2.1.3 Government Project Manager (PM)

In addition to the COR, a Government PM may be assigned to each task order to assist the KO and COR with coordination of the project and matters that are not specifically the direct responsibility of the KO or COR. As such, the Government PM will supply relevant Government furnished data and will coordinate District review comments on deliverables.

Any action taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any government official other than the KO or COR, shall be at the Contractor’s risk.

2.2 CONTRACTOR PRIME POINTS OF CONTACT AND ROLES

2.2.1 Program Manager

The Contractor shall provide a Program Manager who shall be responsible for the management and performance of all work completed under this Indefinite-Delivery Indefinite-Quality Award and its orders. This includes management of cost and schedule; overseeing the development and implementation of record keeping and administrative and quality control programs. The program manager or alternate (typically the order project manager) shall have full authority to act for the Contractor on all contract matters relating to daily operation. The program manager, or alternate, shall be available during normal duty hours (typically 8:00 am to 4:00 pm Monday-Friday, excluding holidays) to meet by phone or in person with government personnel (designated by the KO) to discuss problem areas. The Program Manager, or their alternate, is responsible for initiating immediate corrective action when performance is not acceptable to the Government. Also see section 4.1 of the SOW for additional details.

2.2.2 Project Manager (PM)

For each task order, the Contractor shall designate a PM. The Program Manager may act as the PM, with approval of the COR. The PM shall be the single point of contact for the Task order and shall be responsible for the management and execution in accordance with the PWS, approved work plans, and all federal, state, and local laws and regulations. The PM shall ensure coordination between the Safety and Health Manager (SHM) and the Site Safety and Health Officer (SSHO) to ensure that all site activities are performed in a safe manner. The Contractor shall also maintain close communication and coordination with USACE for the duration of the project such as, but not limited to, weekly and/or monthly progress and detailed cost reporting or as specified in the order. Also see section 4.2 of the SOW for additional details.

2.3 ENVIRONMENTAL PROTECTION REGULATORY REQUIREMENTS

All site investigation, construction, monitoring, operations, and maintenance activities, permits, other environmental documents, and all other types of remedial action activities shall be in full compliance with applicable Federal, State and local environmental laws and regulations including but not limited to:

USACE Engineering Manual (EM) 1110-35-1, “Engineering and Design – Management Guidelines for Working with Radioactive and Mixed Waste” (most current version).

Department of Transportation (DOT) Regulations, 49 CFR Subchapters A, B, and C Environmental Protection Agency (EPA) Regulations, 40 CFR Subchapter I – Solid

Wastes.

USACE EP 415-1-266, “Construction – Resident Engineer Management Guide (REMG) for Hazardous, Toxic, and Radioactive Waste (HTRW) Projects’ (most current version) DHS, 6 CFR Part 27.

EPA Regulations, 40 CFR Subchapter J – Superfund, Emergency Planning, and

Community Right- To-Know Programs EPA Regulations, 40 CFR 300 – National Oil and Hazardous Substances Pollution

Contingency Plan CERCLA, 42 USC 9601 et seq.

RCRA 42 USC 6901 et seq.

Clean Air Act (CAA) 42 USC 7401 et seq.

Safe Drinking Water Act 42 USC 300f et seq.

Clean Water Act 33 USC 1251 et seq.

National Environmental Policy Act 42 USC 4321 et seq.

Toxic Substances Control Act 15 USC 2601 et seq.

Atomic Energy Act of 1954, as amended, 42 USC 2011 et seq.

Endangered Species Act of 1973 16 USC 1531 et seq.

OLEM--9200.0-89

OSWER—9355.7-03B-P

Other applicable Federal, State, installation and local environmental requirements

The Contractor shall assure that all activities performed by their personnel, subcontractors and suppliers are executed as required by these laws and regulations.

2.3.1 Releases, Spills, or Non-Compliance Reporting

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, COR, and Government PM with written notice to follow within one (1) calendar day. The contractor shall complete all spills and release reporting as required in Federal, State, or Local regulations, or as directed by the KO/COR. Nothing in this contract or its orders shall relieve the Contractor of their 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 and its orders. The allowability of spill correction costs incurred by the Contractor shall be determined by the applicable contract clauses depending on the specific situation and type of order (e.g. 52.216-7, 52.236-9, 52.236-13, and/or 52.237-2). 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.

2.3.2 Locational Data Policy

The Contractor shall comply with all requirements related to the EPA Locational Data Policy (LDP) as described in EPA Publication 220 B-92-008 (March 1992 or latest revision) entitled, Locational Data Policy Implementation Guidance: Guide to the Policy. The LDP assures the collection of accurate, consistently formatted, and fully documented locational coordinates for facilities, sites, monitoring points, and observation points regulated or tracked under federal environmental programs within the Agencies’ jurisdiction. The LDP establishes principles for collecting and documenting geodetic coordinates defined in terms of latitude and longitude (lat/long).

2.4 WORK PLAN

The Contractor shall be required to submit a comprehensive Work Plan (WP), as appropriate to the PWS for a new task order. The WP fully describes all aspects of the work and the Contractor’s activities outlined in the task order. The WP shall typically contain when relevant, but not be limited to the following:

Statement of the work to be accomplished Description of available data/information, contaminant characterization, and other special considerations;

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

PWS;

A schedule that presents the requirements to complete the required field work and key project milestones that is compatible with Primavera or with Microsoft Project;

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

Area or Site-specific assumptions and clarifications;

Area or Site control measures;

Permits, licenses, certifications, identification number, and locations of disposal facility(s), if necessary;

Logs, reports, and record keeping being utilized;

Daily Quality Control Reports.

Specific Safety Plans as appropriate (e.g. Accident Prevention Plans) Procedures shall be outlined on the safe handling of contaminated material, drummed material, and contaminated liquids in addition to procedures for off-site transportation and disposal of materials when waste will be generated, whether it is hazardous or non-hazardous.

Procedures are also be provided in Section 2.20 of the SOW regarding Manifesting, DOT shipping papers, and chain-of- custody.

2.5 SCHEDULE

The Contractor shall prepare a project schedule for each individual Task order. The schedule shall show the proposed sequence of activities to perform the work and dates contemplated for starting and completing those schedule activities. The schedule shall be forward planning, as well as a project monitoring tool. It shall use the Critical Path Method (CPM) of network calculation to generate all Project Schedules; and the Project Schedule will be prepared using the Precedence Diagram Method (PDM). The schedule will be approved by the KO, COR, or Government PM. 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. 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 COR or Government PM.

2.6 CONTRACTOR QUALITY CONTROL

Contractor Quality Control (CQC) is the means by which the Contractor ensures that the work, to include that of subcontractors and suppliers, complies with the requirements of the contract.

The Contractor is responsible for quality control and shall establish and maintain an effective quality control system for both on- and off-site activities. The quality control system shall consist of personnel, plans, procedures, and organization necessary to produce an end product that complies with governing regulations and contract task order requirements. The Contractor is required to prepare a Contractor Quality Control Plan (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. The Contractor shall maintain current records providing factual evidence that the required quality control activities and/or tests have been performed. The Contractor shall notify the COR and KO as soon as possible of any detected noncompliance of work performed with established quality control criteria. The nonconformance report shall include the cause of the nonconformance, proposed corrective action(s), and effect of the nonconformance. Additional Quality Control requirements are included in Attachment 9 - NWK Supplement for Contractor Quality Control Plans for Remedial Actions, which is listed as an attachment in Section J.

The Government reserves the right to require the Contractor to resubmit any services, supplies, or materials found not to comply with the contract.

2.7 HEALTH AND SAFETY

2.7.1 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 Occupational Health and Safety (OSHA) and USACE standards.

2.7.2 Accident Prevention Plan

The Contractor shall prepare, implement, and enforce the applicable and approved site-specific Accident Prevention Plan (APP). APPs shall be developed and submitted by the Contractor in the format provided in Appendix A of the EM 385 1-1. The Contractor shall address each of the elements/sub-elements in the outline contained in Appendix A in EM 385-1-1. If an item is not applicable because of the nature of the work to be performed, the Contractor shall state this exception and provide a justification. APP shall be job specific and should include work to be performed by subcontractors. In addition, the APP should state measures to be taken by the to control hazards associated with materials, services, or equipment provided by suppliers. The Contractor shall also utilize information from Attachment 8 - Health and Safety Supplement to the Statement of Work for the Small Business Environmental Remediation Services – Multiple

Award Task Order Contract. The APP shall be prepared by qualified personnel and validated by the Contractor annually. Validation shall include review by the Contractor's qualified personnel, necessary revision, and completion of a new signature page.

2.7.3 Approval of APP

The Contractor’s Health and Safety Manager shall sign and date the APP prior to submittal to the Government. 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 COR. 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.

2.7.4 Regulations

The Contractor' s APP must be submitted to the COR within the time specified in the task order. Any additions or revisions required by the COR shall be incorporated by the Contractor. The Contractor' s APP and all subsequent amendments (if applicable) shall comply with the following regulations:

Federal Acquisition Regulation (FAR) clause 52.236-13 Accident Prevention OSHA Standards - 29 CFR 1910 and 29 CFR 1926 USACE Safety and Health Requirements Manual, EM 385-1-1 (most current version) Safety and Occupational Health Document Requirements for Hazardous, Toxic, and

Radioactive Waste (HTRW) and Ordnance and Explosive Waste (OEW) Activities, ER 385-1-92 National Institute for Occupational Safety and Health (NIOSH)/OSHA/U.S. Coast Guard

(USCG)/USEPA, "Occupational Safety and Health Guidance Manual for Hazardous Waste Site Activities", October 1985.

Other applicable Federal, State and local regulations

2.7.5 Responsibility:

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

2.8 PERMITS/LICENSES

The Contractor shall comply with all applicable Federal, State, and local laws and regulations and obtain permits and licenses necessary to conduct the work required by this contract and its orders, including, but not necessarily limited to, environmental permits, building permits, digging permits and utility locates, discharge, and rights of entry on and off property, as required. All necessary permits and licenses shall be completed prior to the start of any field activities such as, but not limited to, excavation or drilling. The Contractor shall include these expenses as part of their proposal submission. Copies of all permits and licenses shall be provided to the COR. No onsite activities may occur until the necessary permits and/or licenses are in place.

2.9 RADIOLOGICAL EQUIPMENT

In accordance with Requirement 06.E of EM 385-1-1, entitled Safety and Health Requirements Manual, (the U.S. Army Corps of Engineers 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 DOD Installation. The Contractor shall submit a request to the COR a minimum of forty-five (45) calendar days before needing the service permit. The Contractor shall provide all information necessary for the permit application requirements. In some areas, there are additional State or local permits or approvals which must be obtained and the same procedure shall be followed.

2.10 CONFERENCE/MEETINGS

The Contractor shall be responsible for taking notes and preparing meeting minutes for each conferences or meetings. Conference/meeting notes shall be typed and furnished to the Government within seven (7) business days after date of the event for comments or concurrence. If there are comments, the notes shall be revised and returned for Government review within three (3) business days. Distribution of the report, which was developed from the notes, should occur within three (3) business day of receipt of concurrence to all attendees.

The report from the meeting/conference shall include a roster of attendees with name, organization, title, and contact information, and comments and decisions made affecting criteria changes and items discussed. The meeting attendees shall review and provide clarifications or corrections to the report within three (3) business days, and the Contractor shall publish a final report within three (3) business days of receipt of any clarifications/corrections.

2.11 TECHNICAL AND REGULATORY REPORTS

Technical and regulatory reports shall be prepared and submitted by the Contractor to the KO, COR, and Government PM for each order. 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 PWS 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 Government PM. 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 order.

2.12 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 Attachment 7 - Geology/Hydrology Requirements for the Small Business Environmental Remediation Services Multiple Award Task Order Contract as identified 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. The Contractor shall have the capability and experience to provide a wide range of investigative and response services required for remediation/responses at HTRW sites such as:

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

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

Survey and Mapping, GIS, remote sensing Boring for soil sampling, testing (field and/or laboratory) or other chemical or geotechnical analysis (either on- or off-site) Drilling, installation and development of ground-water monitoring wells, production wells, extraction and injection wells, piezometers or other instrumentation Conducting surface or down hole geophysical surveys Conducting hydrogeological field testing and performing analyses and data interpretation Sampling and sample handling techniques for chemical and geotechnical characteristics including data management and data interpretation Short- and Long-Term Monitoring Evaluation of available response actions, and recommendations of the most environmentally sound and cost-effective alternatives Multi-Agency Radiation Site Survey and Investigation Manual (MARSSIM) for radioactive materials sites Preparing and submitting plans (e.g. closure plans, waste analysis plans, Spill

Prevention, Control and Countermeasure (SPCC) plans, Underground Storage Tank (UST) Site Assessment plans, Contingency Plans, etc.)

Expert Testimony Participation in community education, public involvement, or public affairs activities Chemical analysis (both on- and off-site) of all media for a wide variety of organic and inorganic parameters which may include:

Non-hazardous, hazardous, mixed and radioactive wastes Other chemical, physical, and composite testing Characterization and screening for waste-bulking compatibility Transportation and disposal of hazardous substances and radioactive materials Conventional water and wastewater quality parameters Reviewing work products for technical adequacy Potentially Responsible Party (PRP) Activities Recordkeeping Training and documentation required by Federal, state, and local laws and regulations

2.13 ANALYTICAL TESTING

2.13.1 All EPA Region II Superfund projects

All analytical data shall be provided as a Region II Electronic Data Deliverable (EDD). The Region II specifications for EDDs can be found at https://www.epa.gov/superfund/region-2-superfund-electronic-data-deliverable-edd-frequent-questions. The Contractor must perform manual verification/ validation of all laboratory data including but not limited to data verification and validation of each method’s specific initial calibration, calibration verification and instrument performance parameters as specified in the EPA methodology. To complete the data assessment, data verification results that show exceedances will require further evaluation through data validation procedures. Data will be validated according to decision logic and data qualifiers outlined in the most recent version of the EPA National Functional Guidelines or other project-specific guidance.

2.13.2 DoD Projects (e.g. Lead agency such as FUDS or IRP)

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

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

2.13.3 Non-DoD Projects (not the lead agency)

All analytical data shall be performed in accordance with the customer or project specific requirements. Other State certifications may be required depending on where the project site is located. Additionally, for projects located in EPA Region II, the Contractor shall be responsible for following the requirements of the Field and Analytical Services Teaming Advisory Committee (FASTAC) process -https://www.epa.gov/sites/production/files/2018-10/documents/fastac-memo-2018.pdf.

The Contractor shall also report the details of all analytical work in accordance with the Analytical Services Tracking System (ANSETS). All proposals shall identify the prime laboratory and any secondary laboratory (ies) to be used. The final determination of acceptability of the laboratory will be at the discretion of the USACE Project Chemist. If the laboratory fails to meet the project specific requirements at any time, the USACE Project Chemist may request use of the laboratory be discontinued and analytical services be procured from a laboratory which can meet the project specific requirements.

2.14 ENGINEERING SUPPORT AND REMEDIAL DESIGN

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

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

Performance specifications or completely edited Government furnished guide specifications

Computer Aided Design (CAD) generated drawings must be compatible with USACE software. The National CAD Standards can be found at the National Institute of Building Sciences website: https://www.nationalcadstandard.org/ncs6/ These Standards will be used by the Construction Contractor at time of as-built preparation.

Contractor schedules compatible with Primavera or with Microsoft Project Manager.

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

Engineering during construction to include checking shop drawings, materials, fixtures, equipment, samples, plant materials in accordance with the specifications and drawings.

Record drawings, modifications or as-built drawings Constructability reviews Other engineering and technical support may include technical expertise or expert testimony Securing permits as requested Liaison and interface with regulatory agencies Resolution of problems during response actions

2.15 RESPONSE ACTIONS, REMOVALS, AND OPERATIONS AND

MAINTENANCE

Response actions may or may not be performed in conjunction with investigation and engineering support depending on the individual task order. The requirements related to response actions will be described in detail in individual task orders. The Contractor shall perform all necessary planning, fieldwork, and implementation of the response actions requirements identified. The Contractor shall have the capability and experience to perform a wide range of investigations, response actions, and removals for HTRW sites including, but not limited to:

On-Site source control and containment using a variety of technologies On-Site treatment using a variety of technologies Preparation of Manifest for Signature Transportation to and/or storage, treatment, and/or disposal of waste in an off-site facility Survey, removal, transportation, and disposal of asbestos-containing materials Installation of all support facilities Preparation of all applicable Operation and Maintenance (O&M) Manuals and associated training of facility personnel for equipment installed Short- and Long-Term Operation and Maintenance of facilities constructed under this contract for the period specified (inclusive of facilities constructed through other contracts or under other task orders issued under this contract)

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

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

Short and long-term monitoring

2.16 PLANNING DOCUMENTATION DELIVERABLES (SAMPLING AND

ANALYSIS PLAN (SAP), FIELD SAMPLING PLAN (FSP) AND QUALITY

ASSURANCE PROJECT PLAN (QAPP) OR SIMILAR PLANNING

DOCUMENTATION).

On task orders involved with CERCLA, there is a required SAP. This SAP has two major subsections which are the field-sampling plan (FSP), which deals with field activities, and the QAPP, which covers the generation of analytical data. Projects QAPPs shall be prepared in accordance with the Uniform Federal Policy – Quality Assurance Project Plan (UFP-QAPP) format (EPA-505-B-900A, current version). The Contractor shall also refer to USACE EM 200-1-3, Requirements for the Preparation of SAP for detailed requirements of the selected project planning documents and Attachment 6 - Chemistry Supplement to the Scope of Services for the Small Business Environmental Remediation Services Multiple Environmental Government Acquisition, as referenced in Section J. EPA and/or state regulators require the preparation of appropriate planning documents for all environmental measurements that will be used for environmental regulatory compliance, regardless of the planning documents title, in order to obtain data of sufficient quality for legally defensible data. The Contractor is responsible for preparing the appropriate planning document (referred to as FSP/QAPP) that complies with the EPA or other lead regulatory agency regulations, USACE guidance, the Department of Defense Quality Systems Manual (DOD QSM) and EPA QA/R-5. All procedures and activities required for the acquisition of data shall be presented in the FSP/QAPP for approval by the USACE technical team, and state and/or EPA authorities, as necessary, prior to the initiation of any fieldwork. In limited circumstances, USACE may grant conditional approval to the FSP/QAPP to permit some work to begin while non-critical deficiencies are being resolved. But for this exception, it is the responsibility of the Contractor performing the work to assure that no environmental data are acquired before the document is approved and received by government project personnel. Documents referred to in this section can be found at the following website: http://publications.usace.army.mil/ publications/eng-manuals/

The FSP/QAPP describes how environmental data collection operations are planned, carried out, and assessed. Accordingly, the purpose of the FSP/QAPP is to document in detail all aspects of the project’s field and laboratory activities, including quality assurance (QA) and quality control (QC) activities executed to evaluate them. The FSP/QAPP must provide information in sufficient detail regarding sample design, sample types, sample locations, interpretation scenarios, any field contingencies, sampling methodologies, and other sample handling techniques to collect data that meets the project objectives. Specifics on detection and reporting limits of analytics used to support decisions, analytical methods, sample collection methods, field decision logic, data handling, and application to the Conceptual Site Model (CSM), QC practices, data submittals, and CSM updating activities must also be addressed.

Data management strategies must be established within the FSP/QAPP, and appropriately handled during fieldwork to ensure that all data generated is made available to any stakeholders, decision-makers and personnel involved in the work or near real-time decision-making. The FSP/QPP also describes the organization and QA objectives for field sampling and laboratory efforts, and any evaluation and interpretation of the data before its use. The FSP/QAPP serves as a mechanism to formalize the results of planning activities and allows review and approval of all activities conducted as outlined within those planning documents amongst all project stakeholders.

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

2.17 AS-BUILT AND…