W912DS-12-B-0003 Amendment 0001.pdf

W912DS-12-B-0003

W16ROE13535173

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

The purpose of this amendment is to:

a. Revised the Scope of Work, the Demostration of Capability, the Introductions, and the CLIN Extended Description to reflect NYD and EPA, respectively.

Bid Opening date REMAINS THE SAME at 16 July 2012 at 2:00 PM (Eastern Standard Time).

NOTE: Bidder must acknow ledge receipt of this amendment by the date specified in the solicitation (or as amended) by one of the follow ing methods: in the space provided on the SF 1442, by separate letter, or by telegram by signing block 15 below . FAILURE TO ACKNOWLEDGE AMENDMENT BY THE DATE AND TIME SPECIFIED MAY RESULT IN REJECTION OF YOUR BID IN ACCORDANCE WITH THE LATE BID, LATE

MODIFICATION OF BID, OR LATE WITHDRAWAL OF BID (FAR 14.304).

1. CONTRACT ID CODE PAGE OF PAGES

J 1 19

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

16C. DATE SIGNED

BY 21-Jun-2012

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 W912DS-12-B-0003

X 9B. DATED (SEE ITEM 11)

15-Jun-2012

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

(a) By completing Items 8 and 15, and returning 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

20-Jun-2012

CODE

US ARMY CORPS OF ENGINEERS, NEW YORK

26 FEDERAL PLAZA, RM 1843

NEW YORK NY 10278-0090

W912DS 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION B - SUPPLIES OR SERVICES AND PRICES

CLIN 0001

The CLIN extended description has changed from The duration of the contracts is one year plus four optional years. One Small Business Set-Aside contract will be awarded to the lowest bidder who has currently (within the last 18 months) demonstrated to EPA, Region 2, through submission of actual data, that they are capable of performing work in our program. A bidder will be considered to have demonstrated they are capable if we have documentation from EPA, Region 2 (within the last 18 months) stating that the laboratory has submitted data that is fully acceptable or acceptable with qualification, or that they have satisfied DOC requirements for the NYD/EPA, Region 2 dredged material testing program. This contract will be up to $1,300,000 for the base year and up to $1,000,000 for each of the four option years. to The duration of the contracts is one year plus four optional years.

One Small Business Set-Aside contract will be awarded to the lowest bidder who has currently (within the last 18 months) demonstrated to NYD/EPA, Region 2 dredged material testing program, through submission of actual data, that they are capable of performing work in our program. A bidder will be considered to have demonstrated they are capable if we have documentation from NYD/EPA, Region 2 dredged material testing program (within the last 18 months) stating that the laboratory has submitted data that is fully acceptable or acceptable with qualification, or that they have satisfied DOC requirements for the NYD/EPA, Region 2 dredged material testing program. This contract will be up to $1,300,000 for the base year and up to $1,000,000 for each of the four option years..

CLIN 0002

The CLIN extended description has changed from A second contract will be awarded on an Unrestricted basis to the next lowest bidder (or to the lowest bidder, if the next lowest bidder was awarded the contract described above). If this bidder has not satisfied DOC requirements for the NYD/EPA, Region 2 dredged material testing program, they will have up to one year to obtain a statement from EPA, Region 2 indicating that they have submitted data (in the form of either actual project data for evaluation in our program or through the DOC process) that is fully acceptable or acceptable with qualification, or that they have satisfied DOC requirements for the NYD/EPA, Region 2 dredged material testing program. This contract will be up to $700,000 for the base year and up to $1,000,000 for each of the four option years. If the contractor does not receive a statement from EPA, Region 2 indicating that they have submitted data (in the form of either actual project data for evaluation in our program or through the DOC process) that is fully acceptable or acceptable with qualifications, or that they have satisfied DOC requirements for the NYD/EPA, Region 2 dredged material testing program, it will be paid only the minimum guarantee and no options will be exercised. to A second contract will be awarded on an Unrestricted basis to the next lowest bidder (or to the lowest bidder, if the next lowest bidder was awarded the contract described above). If this bidder has not satisfied DOC requirements for the NYD/EPA, Region 2 dredged material testing program, they will have up to one year to obtain a statement indicating that they have submitted data (in the form of either actual project data for evaluation in our program or through the DOC process) that is fully acceptable or acceptable with qualification, or that they have satisfied DOC requirements for the NYD/EPA, Region 2 dredged material testing program. This contract will be up to $700,000 for the base year and up to $1,000,000 for each of the four option years. If the contractor does not receive a statement from NYD/EPA Region 2 indicating that they have submitted data (in the form of either actual project data for evaluation in our program or through the DOC process) that is fully acceptable or acceptable with qualifications, or that they have satisfied DOC requirements for the NYD/EPA, Region 2 dredged material testing program, it will be paid only the minimum guarantee and no options will be exercised..

The following have been modified:

DEMOSTRATION OF CAPABILITY

DEMONSTRATION OF CAPABILITY (DOC) GUIDELINES – BIOLOGICAL TESTING

Laboratories performing analysis of samples for projects in New York District and EPA Region 2 are required to perform a Demonstration of Capability (DOC), in order to minimize the potential for data unacceptability. The DOC for biological testing consists of two parts: Reference Toxicant Data and Control Performance Data. The acceptability and scope of data collected as part of the DOC are based on the performance criteria provided in the 1992 US Army Corps of Engineers New York District/EPA Region 2 Guidance for Performing Tests on Dredged Material Proposed for Ocean Disposal and are summarized below.

1.0 Reference Toxicant Testing

1.1 A minimum of 5 valid reference toxicant tests for each species used in the dredging program must be provided. The tests must be conducted on a minimum of three different lots of each species tested.

1.2 Reference toxicant tests are water-only exposures for all species. Five test concentrations which bracket the LC50/EC50 value must be established for each test.

All concentrations are run in duplicate. The minimum control survival (90 percent) must be met for a test to be valid.

1.3 A control chart must be constructed which plots all of the data points for each species tested. The control chart must show the mean response and the +/- 2 SD (standard deviation) lines must also be included on each control chart.

1.4 Please refer to the species lists in the 1992 US Army Corps of Engineers New York District/EPA Region 2 Guidance for Performing Tests on Dredged Material Proposed for Ocean Disposal for the appropriate species to conduct the DOC. It is recommended that data for potential alternate species be submitted as part of the DOC in case of the need for a substitute species arises during an actual dredging project.

2.0 Control Performance

2.1 A minimum of 5 valid control samples must be conducted for each species in the matrix used in the dredged material test. The control data from the reference toxicant portion of the DOC can be used for all water column dwelling organisms (silversides minnows, bivalve larvae).

2.2 Amphipods, mysids, and the bioaccumulation species (i.e. Neries virens and Macoma nasuta) control data using sediment as outlined in the 1992 US Army Corps of Engineers New York District/EPA Region 2 Guidance for Performing Tests on Dredged Material Proposed for Ocean Disposal should be submitted as part of the DOC.

2.2.1 Control data from previous sediment testing projects may be submitted as part of the DOC.

2.2.2 It is recommended that the control sediment proposed for use in the dredged material program be used as part of the DOC.

2.2.3 Control Survival must be equal to or greater than 90 percent.

2.3 Please refer to the species lists in the 1992 US Army Corps of Engineers New York District/EPA Region 2 Guidance for Performing Tests on Dredged Material Proposed for Ocean Disposal for the appropriate species to conduct the DOC. It is recommended that data for potential alternate species be submitted as part of the DOC in case of a need for a substitute species arises during the course of a dredged material testing project.

3.0 DOC Content

3.1 Data Reporting and Summary

All laboratories performing analysis should have and maintain a Quality System in place.

Laboratories are responsible for the biological data they generate/report. Biological data packages require a signature of the laboratory manager, Quality Assurance Officer and designated analyst verifying that the analytical data provided is valid.

The laboratory DOC biological data report must provide at a minimum:

3.1.1 All LC50/EC50 calculations and/or percent control survival must be provided.

3.1.2 A control chart for each test species with the LC50/EC50 endpoints plotted on the chart must be provided for all reference toxicant data.

3.1.3 Raw bench sheets with water quality and daily test observations must be provided for every reference toxicant and control test provided as part of the DOC.

3.1.4 All deviations from protocol must be provided in a narrative statement as part of the

DOC.

3.1.5 A checklist for the data reporting requirements is provided below. All the data requested in this checklist should be provided to complete the DOC.

3.1.6 The DOC Biological Data Checklist must be filled out and signed by the Laboratory

Director and Quality Assurance Officer.

4.0 DOC Reporting Checklist

Reference Toxicant and Control Data Checklist

RAW BIOLOGICAL AND WATER QUALITY DATA FROM TESTS (Reference Tox. & Control) Test Dates / Species Tested Name of Laboratory Performing the Test(s) Survival and/or Bivalve Development Data Water Quality Parameters Feeding Schedule and Amount (if applicable) Organism Observations Summary of Test Conditions Project Notebook/Log Entries and Deviations from Protocol Reference Toxicant Stock and Test Solution Preparation Data Validation (statement and signature indicating that the data was reviewed/validated) Problems/Corrective Actions (if any) TEST ORGANISM HOLDING, HANDLING AND ACCLIMATION (Reference Tox. & Control) Organism Shipping Data Sheet Provided by Supplier Copy of Overnight Shipping Air bill (if applicable) Internal Receiving and Distribution Data Holding/Acclimation Records (incl. water quality, renewals, and feeding) Mortality During Holding and Acclimation Taxonomic Identification for Each Species

REFERENCE TOXICANT DATA ONLY

Raw Bench Sheets For Reference Toxicant Tests Reference Toxicant Stock & Test Solution Preparation Sheet LC50/EC50 Statistical Calculations Reference Toxicant Control Charts w/ Acceptability Limits

CONTROL SAMPLE DATA ONLY

Control Sample Identification, Location, and Collection Date Table Summary of Results

DOC CERTIFICATIONS

Data Requirement Form, Signed and Dated (This Form) Biological Data Checklist, Signed and Dated

Please check All boxes to ensure All data reporting requirements were submitted.

Part 5.0 Biological Data Checklist

A. Reference Toxicant Test Data

____A minimum of 5 valid Reference Toxicant Tests were submitted for each species proposed for use in the USEPA Region 2 and USACE-NYD Dredged Material Testing Program.

Comments:

A Control Chart for each unique species was provided.

____Control survival in all tests submitted in all Reference Toxicant Tests meet the test acceptability criterion as outlined in this document and the 1992 US Army Corps of Engineers New York District/EPA Region 2 Guidance for Performing Tests on Dredged Material Proposed for Ocean Disposal.

Please list any deviations from prescribe methods or other QC concerns which could impact the validity of the data.

B. CONTROL DATA

____A minimum of 5 valid Control Data Sets using the appropriate control matrix were submitted for each species proposed for use in the USEPA Region 2 and USACE-NYD Dredged Material Testing Program.

____Control survival in all tests submitted in all Reference Toxicant Tests meet the test acceptability criterion as outlined in this document and the 1992 US Army Corps of Engineers New York District/EPA Region 2 Guidance for Performing Tests on Dredged Material Proposed for Ocean Disposal.

Please list any deviations from prescribed methods or other QC concerns which could impact the validity of the data.

INTRODUCTION

Introduction

1. The U.S. Army Corps of Engineers, New York District (NYD) intends to award two Indefinite Delivery Indefinite Quantity (IDIQ) contracts for its Operations Division off of this Invitation for Bid (IFB). One contract would be UNRESTRICTED, and in accordance with FAR PART 52.219-6 Notice of Total Small Business Set-Aside, the other contract will be awarded to a Small Business concern.

2. The duration of the contracts is one year plus four optional years. One Small Business Set-Aside contract will be awarded to the lowest bidder who has currently (within the last 18 months) demonstrated to NYD and EPA, Region 2, through submission of actual data, that they are capable of performing work in our program.

A bidder will be considered to have demonstrated they are capable if there is documentation in the NYD/EPA Region 2 dredged material testing program (within the last 18 months) stating that the laboratory has submitted data that is fully acceptable or acceptable with qualification, or that they have satisfied Demonstration of Capability (DOC) requirements (see attached, DOC Guidelines – Biological Testing) for the NYD/EPA, Region 2 dredged material testing program.

This contract will be up to $1,300,000 for the base year and up to $1,000,000 for each of the four option years. The minimum guarantee for the base year is $20,000.00. The minimum guarantee for each option year is $8,000.00

3. A second contract will be awarded on an Unrestricted basis to the next lowest bidder (or to the lowest bidder, if the next lowest bidder was awarded the contract described above). If this bidder has not satisfied DOC requirements for the NYD/EPA, Region 2 dredged material testing program, they will have up to one year to obtain a statement from NYD/EPA, Region 2 dredged material testing program indicating that they have submitted data (in the form of either actual project data for evaluation in our program or through the DOC process) that is fully acceptable or acceptable with qualification, or that they have satisfied DOC requirements for the NYD/EPA, Region 2 dredged material testing program. This contract will be up to $700,000 for the base year and up to $1.000,000 for each of the four option years. The minimum guarantee for the base year is $14,000.00. The minimum guarantee for each option year is $8,000.00. If the contractor does not receive a statement indicating that they have submitted data (in the form of either actual project data for evaluation in the program or through the DOC process) that is fully acceptable or acceptable with qualifications, or that they have satisfied DOC requirements for the NYD/EPA, Region 2 dredged material testing program, it will be paid only the minimum guarantee and no options will be exercised.

(i) More than one contract is being awarded for the same scope of work as this contract. Once each contractor has a statement from NYD/EPA Region 2 dredged material testing program indicating that they have submitted data ( in the form of either actual project data for evaluation in our program or through the DOC process) that is fully acceptable or acceptable with qualification, or that they have satisfied DOC requirements for the NYD/EPA, Region 2 dredged material testing program they will each be afforded a fair opportunity to be considered for each task order in excess of $2,500, except as provided in FAR

16.505 (b) (2).

(ii) In determining the criteria for providing awardees a fair opportunity to be considered for each task order, the government will consider factors such as, satisfactory and timely completion of previous task orders, NYD/EPA Region 2 dredged material program acceptance of past deliverables, cost for required analyses, lab capacity and availability, and past performance/experience on the type of services/ project requiring testing.

(iii) If the contractor believes it was not fairly considered for a particular task order, the contractor may present a complaint to the contracting officer.

The contractor may appeal the explanation or decision of the contracting officer to the USACE Ombudsman, who is assigned to the USACE Office of the PARC, at the following address: Headquarters, U.S. Army Corps of Engineers, Attention: CEPR-P (USACE Ombudsman) 441 G Street, N.W., Washington, D.C. 20314-1000. The ombudsman will review the contractor’s complaints in accordance with FAR 16.505 (b) (5).

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

SCOPE OF WORK

STATEMENT OF WORK

BIOLOGY

Sampling and Testing of Dredged Material Proposed for Ocean Disposal

(Physical and Biological Analyses)

1. DESCRIPTION OF SERVICES TO BE PERFORMED. The work to be performed under this contract consists of sampling and testing of dredged material following procedures described in the 1992 US Army Corps of Engineers New York District/EPA Region 2 Guidance for Performing Tests on Dredged Material Proposed for Ocean Disposal http://www.nan.usace.army.mil/business/buslinks/contract/pdf/guidance.pdf), the 1991 EPA/USACE, Evaluation of Dredged Material Proposed for Ocean Disposal (Testing Manual) (www.epa.gov/OWOW/oceans/gbook/index.html), and subsequent updates to these two documents. Work orders would include all or some of the following: sediment and water collection (on contractor-supplied ship); sample handling, processing and shipping; physical and biological analyses; QA/QC procedures and necessary corrective actions. Reports containing the sampling logs, all testing results and QA/QC information in a format required by the New York District Corps of Engineers (NYD) would have to be provided by the contractor for each task order. A Work/QA Plan prepared by the contractor and approved by NYD would be required prior to any sampling or testing for any contracts awarded under this solicitation. A Work/QA Plan must include: descriptions of all technical procedures for field sampling, laboratory analyses (eg.

biology, chemical, physical) data reduction and validation, and reporting; clearly written standard operating procedures (SOP) for all field, experimental and analytical procedures; clearly defined QA objectives that are consistent with the regulations, the1991 EPA/USACE, Evaluation of Dredged Material Proposed for Ocean Disposal (Testing Manual), a permit application;

mechanisms for conduction performance and systems audits during the course of the field laboratory work; and procedures for detecting problems with the sampling and analytical work, and implementing corrective actions in a timely manner. . All sampling would be performed within the Port of New York & New Jersey, the length of the Hudson River, in the Atlantic Ocean at the Historic Area Remediation Site and its Reference Site, and in Long Island Sound at the Western and/or Central Disposal Sites.

2. STATEMENT OF CONTRACTOR SERVICES. The contractor shall provide services which will be detailed on each specific delivery order. It will include any combination of the following items:

SAMPLING Price is for one sample collection site (generally, a project will consist of approximately 8-20 sample collection sites. About 40-50 gallons of sediment will need to be collected). Average core lengths are 6 feet, very rarely up to 18 feet. One sediment core and one site water sample per collection site is assumed for items 3 and 5. Five gallons of sediments from one or more locations within a given project area are assumed to be collected under items 6-7. A single mobilization/demobilization price per project will be paid; this will be a single price for all project conditions. Item 8 is a one-time cost and will only be awarded when both NYD and the Contractor agree before initiation of work that the compositing will be substantial and more time-consuming than usual. Item 8 will not be applied to routine compositing required to fulfill the testing needs outlined in the 1991 EPA/USACE, Evaluation of Dredged Material Proposed for Ocean Disposal (Testing Manual) or the 1992 (or latest) version of US Army Corps of Engineers New York District/EPA Region 2 Guidance for Performing Tests on Dredged Material Proposed for Ocean Disposal.

1. Sediment & Water Sampling - Vibracore - Mobilization/Demobilization (Contractor supplies ship, crew and equipment. Price includes travel from lab to and from sampling sites and sample shipment to lab.)

2. Sediment & Water Sampling - Split Spoon - Mobilization/Demobilization (Contractor supplies ship, crew and equipment. Price includes travel from lab to and from sampling sites and sample shipment to lab.)

3. Sediment & Water Sampling - Vibracore (per sample)

4. Sediment & Water Sampling - Split Spoon (per sample)

5. Sediment & Water Sampling - Grab sample (per sample)

6. Sediment & Water Sampling - Vibracore (five gallons)

7. Sediment & Water Sampling - Grab sample (five gallons)

8. Sediment & Water Sampling - Compositing

SEDIMENT PHYSICAL ANALYSIS (Items 9-17 per single or composited sediment sample; item 18 is per water sample)

9. Grain Size Analysis (% sand, % silt, & % clay, using ASTM D-422)

10. Grain Size Distribution

11. % Moisture (must also be reported as Moisture Content, using ASTM D2216)

12. Specific Gravity (ASTM – D854)

13. Bulk Density (expressed as wet)

14. Plasticity Indices (Atterberg Limits) (ASTM D4318)

15. USCS Classification (ASTM D2487)

16. Permeability (ASTM D2434)

17. Consolidation - (per sediment sample). Use a modified ASTM 2435 (oedometer) test procedure outlined in EM 1110-2-5027, Appendix D in combination with the selfweight consolidation test described by Poindexter (1987,1988). Calculate permeability from the consolidation properties using the equation provided.

18. Total Suspended Solids - TSS (Performed using EM-1110-2-5027 or equivalent method. Filter type (e.g. GFF, Millipore, Nuclepore) will be at discretion of NYD.

19. % Total Organic Carbon (per single or composited sediment sample; see NYD Guidance Manual for required method and MDL.)

WATER COLUMN BIOASSAYS (Water column bioassays are generally performed per composite sediment sample. Prices for items 20-22 reflect prices for preparation and testing of a single composite elutriate and includes control water, dilution water and reference toxicant tests. Prices for 23-25 reflect prices for preparation and testing of each additional composite using the same control and reference toxicant exposures that was used in 20-22).

20. Water Column Acute Toxicity (bivalve larvae)-First Reach

21. Water Column Acute Toxicity (Mysidopsis bahia)-First Reach

22. Water Column Acute Toxicity (Menidia spp.)-First Reach

23. Water Column Acute Toxicity (bivalve larvae)-Addl. Reach

24. Water Column Acute Toxicity (Mysidopsis bahia)-Addl. Reach

25. Water Column Acute Toxicity (Menidia spp.)-Addl. Reach

BENTHIC BIOASSAYS (Benthic acute toxicity bioassays are generally performed per composite sediment sample and using reference sediment collected from the Ocean Disposal Reference

Site (ODRS) and is infrequently performed also using reference sites in Long Island Sound (LIS). Prices for items 26-27 reflect prices for testing of a single composite and include all compositing, control, and ODRS reference sediment and reference toxicant exposures. Prices for 28-29 reflect prices for testing of each additional composite using the same control and reference sediment and reference toxicant exposures that were used in 26-27. Prices for 30-31 reflect prices for testing of each additional LIS reference sediment that may be run concurrently with items 26-29.)

26. 10-Day Benthic Acute Toxicity (Ampelisca abdita) - First Reach (Contractor may substitute another amphipod only with prior approval by the Government)

27. 10-Day Benthic Acute Toxicity (Mysidopsis bahia) - First Reach

28. 10-Day Benthic Acute Toxicity (Ampelisca abdita) - Addl Reach

(same amphipod as used in Item 26 )

29. 10-Day Benthic Acute Toxicity (Mysidopsis bahia) - Addl Reach

30. 10-Day Benthic Acute Toxicity (Ampelisca abdita) – LIS Ref

(contractor may substitute another amphipod only with prior approval by the Government)

31. 10-Day Benthic Acute Toxicity (Mysidopsis bahia) - LIS Ref

BIOACCUMULATION BIOASSAYS (28-day bioaccumulation bioassays are generally performed per composite sediment sample using reference sediment collected from the Ocean Disposal Reference Site (ODRS) and are infrequently performed also using reference sites in Long Island Sound (LIS). Prices for items 32-33 reflect prices for testing of a single composite and include all compositing, control, and ODRS reference sediment and reference toxicant exposures. Prices for 34-35 reflect prices for testing of each additional composite using the same control and reference sediment and reference toxicant exposures that were used in 32-33. Prices for 36-37 reflect prices for testing of each additional LIS reference sediment that may be run concurrently with items 32-35.)

32. 28-Day Bioaccumulation (Nereis virens)- First Reach

33. 28-Day Bioaccumulation (Macoma nasuta)- First Reach

34. 28-Day Bioaccumulation (Nereis virens)- Addl Reach

35. 28-Day Bioaccumulation (Macoma nasuta)- Addl Reach

36. 28-Day Bioaccumulation (Nereis virens)- LIS Ref

37. 28-Day Bioaccumulation (Macoma nasuta)- LIS Ref

ADDITIONAL DILUTIONS

38. Additional Dilution - Water Column Acute Toxicity (same number of replicates per dilution as specified in items 19 through 25)

PREPARATION OF PUBLIC NOTICE TABLES

39. Statistical Analysis – Perform statistical analysis comparing bioaccumulation results for full set of analytes for one reach (test results to be provided by Government or Government’s contractor). Price is per species and comparison (e.g. test vs.

reference, or test vs. control). Statistical method used will conform to regional guidance.

40. Prepare Public Notice Table Summaries and Testing Memorandum Table –

Reporting format is per the Government’s requirements. Price assumes two species used for bioaccumulation, and site water, and elutriate results.

3. GOVERNMENT-FURNISHED DATA. The Government will furnish necessary data, survey maps, and sampling locations for each delivery order relating to the particular work or site under investigation.

4. AUTHORIZED REPRESENTATIVE OF THE CONTRACTING OFFICER (COR). The Government will designate a COR who will provide all liaison, supply Government-furnished data and services, and forward other necessary documents. Contractor interpretation and associated guidance/direction by the Government shall not be official unless specifically made by the COR.

The COR will seek the timely progress of the work and its satisfactory completion.

5. PROJECT MANAGER. Promptly following award of contract, the contractor shall designate a project manager who shall be the point of contact with the Government COR.

6. CONFERENCES. The contractor may need to attend meetings at NYD offices to discuss test results if requested by the Government. No additional payment will be made for conference attendance.

7. REPORTING REQUIREMENTS. Contractor is required to report all test results on a CD that includes full documentation of chain of custody. Results must be reported in a format that maximizes ease of interpretation, and data must be fully qualified. Initial reporting requirements will be specified at time of the first delivery item under this contract. Specific reporting format requirements may be changed through the life of the contract to accommodate the changing needs of the Government. Samples must be identified clearly for the Government, not merely by laboratory ID but by verbal descriptors. NY District reserves the right to require electronic submission of results in specific formats to be determined by the Government at no additional cost.

8. CORRECTION OF FINAL DOCUMENTS. Following review of draft reports and approval by the Government, the contractor will make all changes and corrections required and resubmit corrected originals and reproducible copies within the time schedule stipulated by the contracting officer or in the task order.

9. RESPONSIBILITY FOR CORRECT DOCUMENTS. The contractor is expected to review his work. Corrections and clarifications shall be made by the contractor, if found necessary by the Government during review. Work required for correction or clarification shall be completed and resubmitted within seven calendar days after request for such service is made by the COR, unless otherwise specified by the COR.

10. TERMS AND CONDITIONS.

10.1. If water or sediment are being collected by NYD personnel for testing by the contractor, the contractor must provide appropriate clean sampling containers to NYD prior to start of sampling. Sample containers must be shipped within five (5) days of notification by the NYD personnel to the following address:

US Army Engineer District, New York Caven Point Terminal Three Chapel Avenue Port Liberte Jersey City, NJ 07305 917-790-6101 (voice) 212-264-7147 (fax)

The COR will notify the contractor when water or sediment sample collection has been completed. The samples must be picked up by the contractor within one business day following notification by the COR. Samples must be picked up at the address provided in paragraph 10.1, above, or at another mutually agreed upon location.

10.2. If sampling is being performed by the contractor, the following requirements must be met:

a. Sampling crew must have at least one marine geologist onboard who is qualified to identify sediment type at the time of collection.

b. Ships used for sampling must have a DGPS navigation system onboard to pinpoint sample locations. Sample collection locations must be recorded in Lat/Long coordinates. Onboard fathometer must be capable of reporting depth to 0.1 foot and can be calibrated to counteract the confounding effects of temperature and salinity differences.

c. Corrections for stand of the tide at time of sampling using tidal projections will be permissible in most waterways and under most conditions, however, the government reserves the right to require real time correction using a local elevation datum (i.e.

employing a tide board to correct for tide).

d. Sediment samples must be collected by coring or split sampling spoon to a depth specified by NYD. Boring logs describing sample collection must be provided and must include at a minimum the following information: date and time of collection, water depth and tidal information, sampling location in Lat/Long coordinates, and a physical description of cores by depth including odor, color, sediment type and degree of stratification. A color photograph of each core with depths marked off must be included in the log. Also, note any abiotic or biotic material collected, as well as any problems encountered during sampling.

e. The core material or split spoon material must be composited and collected into labeled buckets and glass jars and stored in the dark at 2o-4o C immediately upon collection. Records must be kept identifying the number of samples taken per site, which cores were mixed together, and the amount of sediment pooled per site to make the composited sample. If stratification has been observed, the strata must be collected separately in labeled buckets and jars for each stratum. Each of the buckets and jars are to be filled to capacity (i.e. with no air space). Enough sediment must be collected to accomplish all of the tasks prescribed. If the contractor fails to provide sufficient sediment for the completion of all testing specified, the contractor will be resample or collect sufficient additional material to conduct the testing at no expense to the government.

f. Water must be collected from about 1 meter below the surface prior to coring at the same site where sediment cores are being taken, and containers must be stored in the dark at 2o-4o C immediately upon collection. A physical description of the collected water must be provided, including temperature and salinity of water at time of collection. Observations, such as visible oil sheens, floating debris, odors, etc., must be included in sampling log. All containers must be properly labeled. Enough water must be collected to accomplish all of the required tasks.

g. A government representative may choose to be present on the ship at the time of sampling. The Contractor must notify the government at least 4 business days prior to sample collection in order to allow for scheduling.

10.3. Samples must be shipped to the contractor's laboratory facility immediately upon completion of sampling. Proper temperatures must be maintained at all times during shipment.

10.4. Sediment and water samples must be maintained in the dark at 4o+2o C immediately after collection (on ice or refrigerate), but may not be frozen prior to bioassay testing or elutriate preparation.

10.5. The contractor or subcontractors must supply: the appropriate test organisms, clean seawater, dredging site water, testing, sampling and collection supplies, test, control and reference sediments, reagents, analytical instrumentation, and all other equipment as required for all applicable tests identified in the most recent (at time of testing) 1992 US Army Corps of Engineers New York District/EPA Region 2 Guidance for Performing Tests on Dredged Material Proposed for Ocean Disposal.

10.6. If there is a need to substitute test species due to unavailability of the species listed in this Scope of Work, the contractor must contact NYD personnel to get written approval. If testing is initiated with a substituted species without documented NYD approval of test species, NYD may require retesting using species of its choice at no cost to the government.

10.7. Prior to initiation of the first sampling and testing effort, the contractor must submit a Sampling Work Plan/Laboratory Quality Assurance Plan (Work/QA Plan) prepared as specified in the most recent (at time of testing) 1992 US Army Corps of Engineers New York District/EPA Region 2 Guidance for Performing Tests on Dredged Material Proposed for Ocean Disposal for approval by NYD. Subsequent testing efforts will require only documentation of changes from the original approved work plan (unless formally instructed otherwise by the COR).

10.8. The contractor must comply with the requirements of the approved Work/QA Plan, as well as the most recent (at time of testing) versions of the 1991 EPA/USACE, Evaluation of Dredged Material Proposed for Ocean Disposal (Testing Manual) and the1992 US Army Corps of Engineers New York District/EPA Region 2 Guidance for Performing Tests on Dredged Material Proposed for Ocean Disposal.

If the contractor does not comply, the contractor will be required to reperform all tests conducted during the time of non-compliance at no cost to the government, or pay the cost of having the samples rerun by another contractor. In addition, if testing conducted by other laboratories is invalidated as a result of non-compliance of the contractor, the contractor will be responsible for reperforming those tests at no cost to the government or pay the cost of having the testing rerun by another contractor.

10.9. The contractor will furnish test reports, as required in the most recent (at time of testing) 1992 US Army Corps of Engineers New York District/EPA Region 2 Guidance for Performing Tests on Dredged Material Proposed for Ocean Disposal, to:

Chief, Dredged Material Management Section USACE, Operations Division, CENAN-OP-SD 26 Federal Plaza, Rm. 1937 New York, New York 10278-0090 917-790-8428 (voice) 212-264-4260 (fax)

10.10. Final payment will be made upon receipt of a final report which has been reviewed by NYD staff, corrected by the contractor and accepted by the government, and upon submission of proper invoice to the aforementioned address. Progress payments may be authorized by the COR.

10.11. Work is to commence as soon as possible, but no later than the following schedule. Changes to these times can only be approved by the COR in writing:

a. Sampling:

- within 14 calendar days of issuance of delivery order

b. Physical analysis of sediment:

- within 21 calendar days of sample collection

c. Water-Column Bioassays:

- within 21 calendar days of sample collection (within 24 hours of suspended particulate phase preparation)

d. Whole-Sediment Toxicity Bioassays:

- within 14 calendar days of sample collection

e. Bioaccumulation Assays:

- within 30 calendar days of sample collection

f. Shipment of sediment and water samples to analytical lab for analysis:

- within 24 hours of last day of sample collection

g. Shipment of sediment and water samples to subcontractor for dioxin/furan or PCB congener analysis:

- within 14 calendar days of sample collection

h. Shipment of tissue samples to analytical lab for analysis:

- within 2 calendar days of completion of bioaccumulation assay

10.12. Sediment and water sampling must be completed within five calendar days from start of sampling. All holding times are calculated from the first day of collection. All starting dates for testing are calculated from sample collection completion date. If for any reason these dates cannot be met, NYD personnel must be notified to decide whether to proceed with the requirements of the work order.

10.13. Draft results of all testing must be provided to NYD by fax within 24 hours of completion of testing.

Final results of all testing must be submitted to NYD within 60 days, or in the case of bioaccumulation assays, within 75 days of sample collection. Statistical analyses, PN, and testing memorandum tables must be submitted to NYD within 5 business days of data receipt. In addition to faxing the PN and testing memorandum, contractor must provide these tables in hard format and on floppy disk to NYD via overnight mail within 24 hours of completion.

10.14. Contractor shall contact the COR with any concerns or questions regarding test conditions and acceptability criteria prior to, during, or after completion of required assays and analyses.

10.15. In order for NYD to maintain a quality control program during the life of this contract, the following will be required:

a. Laboratory supervisors of all contractor and subcontractor laboratories must be available for questions and conferences with NYD personnel between the hours of 8:30 am to 5:00 pm local time, Monday through Friday.

b. NYD reserves the right to visit contractor and subcontractor laboratories unannounced between the hours of 8:30 am to 5:00 pm local time, Monday through Friday.

c. In order for government personnel to make periodic quality control inspections during the testing, at least some of the work must be performed between the hours of 8:30 am and 5:00 pm local time, Monday through Friday. Any problems identified at an audit would need to be addressed in writing and rectified by the laboratory before subsequent work orders can be initiated. A follow-up audit may be performed to confirm the corrections.

d. Original copies of data, records, and quality control information concerning sediment and water sampling and testing must be maintained for a period of at least three (3) years from test start date and must be available during laboratory inspections or at any time upon request by NYD.

10.16. QA/QC procedures as described in the most recent (at time of testing) versions of 1991 EPA/USACE, Evaluation of Dredged Material Proposed for Ocean Disposal (Testing Manual) and the 1992 US Army Corps of Engineers New York District/EPA Region 2 Guidance for Performing Tests on Dredged Material Proposed for Ocean Disposal must be strictly adhered to.

10.17. When more than one test sediment samples are being tested at the same time, one batch of control and reference treatments can be run. All control and reference treatments must be run simultaneously with their corresponding test samples.

10.18. Samples of sediment core and composite sediment must be archived in the dark at -20o C for up to one (1) year from sample collection. If during the course of that year, physical analyses must be reperformed in order to confirm the validity of the original data due to concerns about data quality, the contractor must perform these analyses at no cost to the government.

10.19. Frozen tissue samples left over from each replicate of each treatment of the bioaccumulation assays must be stored in the dark at -20o C for up to one (1) year from bioassay completion. If during the course of that year, chemical analyses must be reperformed in order to confirm the validity of the original data due to concerns about data quality, the contractor must ship these samples to the appropriate facility at no cost to the government.

10.20. The contractor must document temperatures during sample collection, transport and storage.

Sample collection logs and chain of custody forms containing this information must be included in the final report.

10.21. The contractor must document all culturing, holding and acclimation conditions.

10.22. Items to be included in test reports are specified in Section 3.1.11 of the most recent (at time of testing) 1992 US Army Corps of Engineers New York District/EPA Region 2 Guidance for Performing Tests on Dredged Material Proposed for Ocean Disposal. All subcontractors must be identified in the report.

10.23. The contractor agrees that, in the event of any staffing or corporate changes, or substitution of subcontractors during the performance of this contract including its option periods, the employees or subcontractors engaged in the performance of the contract will continue to have the qualifications, professional background, education, and experience equal to that proposed by the contractor and accepted by the Government for contract award. For this reason, the contractor must notify the COR at least one month prior to test start-up if subcontractors being used are different from the previous delivery order. NYD reserves the right to inspect all subcontractors and, if a prospective subcontractor does not comply with the requirements of the quality assurance program, require that another subcontractor be used.

10.24. Prices bid for this work include costs of appropriately packing and shipping tissue, water or sediment samples to primary contractor or subcontractor firms for analysis. This will require keeping the samples frozen or refrigerated, as appropriate.

10.25. The contractor is responsible for assuring proper handling and transport of sediment, water and tissue samples. If results are deemed unacceptable due to improper handling or transport, it will be the contractor's financial responsibility to reperform the affected items.

10.26. Contract laboratories must ensure the health and safety of their workers, inform their staff of the potential hazards associated with handling and testing dredged sediments, and dispose of all wastes in compliance with applicable environmental laws. Laboratories must, at a minimum, abide by local, state and federal OSHA, RCRA, CERCLA, and DOT standards for the work environment and disposal procedures.

10.27. All prices bid take into account costs of QA/QC requirements.

10.28. All prices bid include costs of performing extra replicates and treatments where test methods warrant it.

10.29. All other supplemental terms and conditions specified in the most recent (at time of testing) 1992 US Army Corps of Engineers New York District/EPA Region 2 Guidance for Performing Tests on Dredged Material Proposed for Ocean Disposal are to be abided by.

10.30. All QA/QC requirements specified in the most recent (at time of testing) 1992 US Army Corps of Engineers New York District/EPA Region 2 Guidance for Performing Tests on Dredged Material Proposed for Ocean Disposal must be adhered to.

11. CONDITIONS OF PAYMENT & NONPAYMENT

11.1. DEFINITIONS.

11.1.1. As used in this section, "Contractor" refers to the laboratory contracted to do the work specified in the delivery order.

11.1.2. "Laboratory Performance Error" shall refer to the Contractor's failure for reasons within control of the Contractor to follow agreed upon test protocols.

11.1.3. "Test Species Failure" shall refer to the failure of the test species to perform for reasons beyond the control of the Contractor when the Contractor has followed all agreed upon test protocols.

11.2. PROVISIONS.

11.2.1. Contractor agrees to the sediment/biological testing scenarios described below.

11.2.2. Contractor agrees to conduct a second test if a laboratory performance error or test species performance failure has rendered an initial test invalid. Contractor will be paid only for the second test (if properly conducted). No payment will be made by the Government for the initial test. Contractor is responsible for test species performance. Failure to achieve acceptable performance criteria either due to test species failure or laboratory performance error will result in no payment to Contractor for the unacceptable test.

11.2.3. Should holding times or sample volume requirements (or other specific considerations) allow only one laboratory test and no retests, no payment by the government will be required in the event of a laboratory performance error or test species failure. In such an instance, Contractor will bear the costs of resampling and, upon completion of a successful test, would be paid for the test alone, not for the cost of resampling.

11.2.4. In the event that a Contractor's test is judged invalid as determined by the agency for which the tests are submitted, whether due to laboratory performance error or test species failure, the government will not be liable for payment for those tests.

(End of Summary of Changes)