W912DS22B0008.pdf

CODE

(Hour)

PAGE(S)

until 02:00 PM local time 30 May 2022

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X G F 54 - 64

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Monica.C.Chahary@usace.army.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

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

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

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

1 65

(If other than Item 7)

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

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

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

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W912DS 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

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

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

MONICA C CHAHARY 917-790-8182

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 2 3 - 31

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT

PACKAGING AND MARKING

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 34 M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

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

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

13. DISCOUNT FOR PROMPT PAYMENT

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

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

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

FACILITY

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

SOLICITATION, OFFER AND AWARD

X

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

PART I - THE SCHEDULE

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

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

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

AWARD (To be completed by Government)

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

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

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

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

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

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

35 - 53

PART II - CONTRACT CLAUSES

US ARMY CORPS OF ENGINEERS, NEW YORK

26 FEDERAL PLAZA, RM 16-300

NEW YORK NY 10278-0090

(917)790-8026

212-264-3013FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

28 Apr 2022

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W912DS22B0008

Section A - Solicitation/Contract Form

BID SUBMISSION INSTRUCTIONS

Contractors are required to deliver Bids to 26 Federal Plaza, Room 16-300, New York, NY 10278. The designated recipients of bids are Monica Chahary (917) 790-8182 and Nicholas Emanuel (917) 790-8069. Bids are due no later than 30 May 2022 at 2:00 P.M. Bid opening will happen on 30 May 2022 at 2:00 P.M. EST.

Contractors are encouraged to wear a mask on the main floor and are required to wear a mask on floor 16. The government will not be responsible for submissions delivered to any location or to anyone other than those designated to receive proposals. Offerors are responsible for ensuring that Bids are submitted so as to reach the designated recipient and designated location. Offerors are responsible for allowing sufficient time for the bids to be received in accordance with the instructions provided.

Contractors will not be allowed to phyiscally be in the conference room during the bid opening however Bidders are encouraged to call into the following teleconference line:

Call-in number:

+1-844-800-2712 US Toll Free +1-669-234-1177 US Toll Access code: 199 476 8533 Bidder must keep their phone on mute as to not disrupt the reader. Please limit the amount of company employees calling into the line so that the line does not disconnect. The abstract of bids will be posted to the Beta.Sam website.

ADDITIONAL INSTRUCTIONS

Potential Bidders are reminded that only the minimum documents are required for bid submission:

1. Signed SF33.

2. Acknowledged amendments.

3. Filled out bid schedule and totals.

4. Bidders must check off box (d) in 52.204-8 Annual Representations and Certifications (DEC 2019) for being on SAM.gov

Section B - Supplies or Services and Prices

INTRODUCTION

1. The U.S. Army Corps of Engineers, New York District (NYD) intends to award one Indefinite Delivery Indefinite Quantity (IDIQ) contract for its Operations Division off of this Invitation for Bid (IFB). The contract will be UNRESTRICTED. The duration of the contract is five years.

2. The 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 $7,700,000 for the five years. The minimum guarantee for the contract is $70,000.00.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each

Biology Testing Services

FFP

Biology sampling and testing of Dredged Material Proposed for Ocean Disposal (Physical, Chemical and Biological Analyses) 25 September 2022 through 24 September 2027.

FOB: Destination

PSC CD: H999

NET AMT

PRICE SCHEDULE

CLIN Description Est Qty

Unit of Issue

Price 1st Year

Unit Price

1st Year Ext Price

0001AA Sampling-Mob/Demob - Vibracore 9 Unit 0001AB Sampling-Mob/Demob - Split Spoon 1 Unit 0001AC Sampling- 1st Vibracore at each sample location 200 Unit

0001AD

Sampling-Additional Vibracores at each sample location 150 Unit

0001AE Sampling-Split Spoon, per sample 5 Unit 0001AF Sampling-Grab, per sample 1 Unit

0001AG Sampling-Grab, per 5 gals 40 Unit 0001AH Sampling-Compositing 5 Unit 0001AJ Grain Size Analysis 400 Unit 0001AK % Moisture & Moisture Content 400 Unit 0001AL Specific Gravity 20 Unit 0001AM Bulk Density-wet 20 Unit 0001AN Plasticity Indices 20 Unit 0001AP Consolidation 1 Unit 0001AQ TSS 20 Unit 0001AR %TOC 400 Unit 0001AS Chlorine Produced Oxidants Test (Total Chlorine) 5 Unit 0001AV WC-Bivalve-1st 5 Unit 0001AW WC-Mysid-1st 5 Unit 0001AX WC-Menidia-1st 5 Unit 0001AY WC-Bivalve-Addtl 4 Unit 0001AZ WC-Mysid-Addtl 4 Unit 0001BA WC-Menidia-Addtl 4 Unit 0001BB 10-D Amphipod-1st 5 Unit 0001BC 10-D Mysid-1st 5 Unit 0001BE 10-D Amphipod-Addtl 4 Unit 0001BF 10-D Mysid-Addtl 4 Unit 0001BG 10-D Amphipod-LIS 1 Unit 0001BH 10-D Mysid-LIS 1 Unit 0001BJ 28-D Alitta-1st 5 Unit 0001BK 28-D Macoma-1st 5 Unit 0001BL 28-D Alitta-Addtl 4 Unit 0001BM 28-D Macoma-Addtl 4 Unit 0001BN 28-D Alitta-LIS 1 Unit 0001BP 28-D Macoma-LIS 1 Unit 0001BQ WC-Addtl Dilution 1 Unit 0001BR Statistics 10 Unit 0001BS Public Notice 5 Unit

Total 1st Year Ext

Price

CLIN Description Est Qty

Unit of Issue

Price 2nd Year

Unit Price

2nd Year Ext Price

0002AA Sampling-Mob/Demob - Vibracore 9 Unit 0002AB Sampling-Mob/Demob - Split Spoon 1 Unit 0002AC Sampling- 1st Vibracore, per sample 200 Unit 0002AD Sampling-Additional Vibracores, per sample 150 Unit 0002AE Sampling-Split Spoon, per sample 5 Unit 0002AF Sampling-Grab, per sample 1 Unit 0002AG Sampling-Grab, per 5 gals 40 Unit 0002AH Sampling-Compositing 5 Unit 0002AJ Grain Size Analysis 400 Unit 0002AK % Moisture & Moisture Content 400 Unit 0002AL Specific Gravity 20 Unit 0002AM Bulk Density-wet 20 Unit 0002AN Plasticity Indices 20 Unit 0002AP Consolidation 1 Unit 0002AQ TSS 20 Unit 0002AR %TOC 400 Unit 0002AS Chlorine Produced Oxidants Test (Total Chlorine) 5 Unit 0002AV WC-Bivalve-1st 5 Unit 0002AW WC-Mysid-1st 5 Unit 0002AX WC-Menidia-1st 5 Unit 0002AY WC-Bivalve-Addtl 4 Unit 0002AZ WC-Mysid-Addtl 4 Unit 0002BA WC-Menidia-Addtl 4 Unit 0002BB 10-D Amphipod-1st 5 Unit 0002BC 10-D Mysid-1st 5 Unit 0002BE 10-D Amphipod-Addtl 4 Unit 0002BF 10-D Mysid-Addtl 4 Unit 0002BG 10-D Amphipod-LIS 1 Unit 0002BH 10-D Mysid-LIS 1 Unit 0002BJ 28-D Alitta-1st 5 Unit 0002BK 28-D Macoma-1st 5 Unit 0002BL 28-D Alitta-Addtl 4 Unit 0002BM 28-D Macoma-Addtl 4 Unit 0002BN 28-D Alitta-LIS 1 Unit 0002BP 28-D Macoma-LIS 1 Unit 0002BQ WC-Addtl Dilution 1 Unit 0002BR Statistics 10 Unit 0002BS Public Notice 5 Unit

Total 2nd

Qty

Unit of Issue

Price

3rd Year Unit Price

3rd Year Ext Price

0003AA Sampling-Mob/Demob - Vibracore 9 Unit 0003AB Sampling-Mob/Demob - Split Spoon 1 Unit 0003AC Sampling- 1st Vibracore, per sample 200 Unit 0003AD Sampling-Additional Vibracores, per sample 150 Unit 0003AE Sampling-Split Spoon, per sample 5 Unit 0003AF Sampling-Grab, per sample 1 Unit 0003AG Sampling-Grab, per 5 gals 40 Unit 0003AH Sampling-Compositing 5 Unit 0003AJ Grain Size Analysis 400 Unit 0003AK % Moisture & Moisture Content 400 Unit 0003AL Specific Gravity 20 Unit 0003AM Bulk Density-wet 20 Unit 0003AN Plasticity Indices 20 Unit 0003AP Consolidation 1 Unit 0003AQ TSS 20 Unit 0003AR %TOC 400 Unit 0003AS Chlorine Produced Oxidants Test (Total Chlorine) 5 Unit 0003AV WC-Bivalve-1st 5 Unit 0003AW WC-Mysid-1st 5 Unit 0003AX WC-Menidia-1st 5 Unit 0003AY WC-Bivalve-Addtl 4 Unit 0003AZ WC-Mysid-Addtl 4 Unit 0003BA WC-Menidia-Addtl 4 Unit 0003BB 10-D Amphipod-1st 5 Unit 0003BC 10-D Mysid-1st 5 Unit 0003BE 10-D Amphipod-Addtl 4 Unit 0003BF 10-D Mysid-Addtl 4 Unit 0003BG 10-D Amphipod-LIS 1 Unit 0003BH 10-D Mysid-LIS 1 Unit 0003BJ 28-D Alitta-1st 5 Unit 0003BK 28-D Macoma-1st 5 Unit 0003BL 28-D Alitta-Addtl 4 Unit 0003BM 28-D Macoma-Addtl 4 Unit 0003BN 28-D Alitta-LIS 1 Unit 0003BP 28-D Macoma-LIS 1 Unit 0003BQ WC-Addtl Dilution 1 Unit 0003BR Statistics 10 Unit 0003BS Public Notice 5 Unit

Total 3rd

Qty

Unit of Issue

Price 4th Year

Unit Price

4th Year Ext Price

0004AA Sampling-Mob/Demob - Vibracore 9 Unit 0004AB Sampling-Mob/Demob - Split Spoon 1 Unit 0004AC Sampling- 1st Vibracore, per sample 200 Unit 0004AD Sampling-Additional Vibracores, per sample 150 Unit 0004AE Sampling-Split Spoon, per sample 5 Unit 0004AF Sampling-Grab, per sample 1 Unit 0004AG Sampling-Grab, per 5 gals 40 Unit 0004AH Sampling-Compositing 5 Unit 0004AJ Grain Size Analysis 400 Unit 0004AK % Moisture & Moisture Content 400 Unit 0004AL Specific Gravity 20 Unit 0004AM Bulk Density-wet 20 Unit 0004AN Plasticity Indices 20 Unit 0004AP Consolidation 1 Unit 0004AQ TSS 20 Unit 0004AR %TOC 400 Unit 0004AS Chlorine Produced Oxidants Test (Total Chlorine) 5 Unit 0004AV WC-Bivalve-1st 5 Unit 0004AW WC-Mysid-1st 5 Unit 0004AX WC-Menidia-1st 5 Unit 0004AY WC-Bivalve-Addtl 4 Unit 0004AZ WC-Mysid-Addtl 4 Unit 0004BA WC-Menidia-Addtl 4 Unit 0004BB 10-D Amphipod-1st 5 Unit 0004BC 10-D Mysid-1st 5 Unit 0004BE 10-D Amphipod-Addtl 4 Unit 0004BF 10-D Mysid-Addtl 4 Unit 0004BG 10-D Amphipod-LIS 1 Unit 0004BH 10-D Mysid-LIS 1 Unit 0004BJ 28-D Alitta-1st 5 Unit 0004BK 28-D Macoma-1st 5 Unit 0004BL 28-D Alitta-Addtl 4 Unit 0004BM 28-D Macoma-Addtl 4 Unit 0004BN 28-D Alitta-LIS 1 Unit 0004BP 28-D Macoma-LIS 1 Unit 0004BQ WC-Addtl Dilution 1 Unit 0004BR Statistics 10 Unit 0004BS Public Notice 5 Unit

Total 4th

Qty

Unit of Issue

Price 5th Year

Unit Price

5th Year Ext Price

0005AA Sampling-Mob/Demob - Vibracore 9 Unit 0005AB Sampling-Mob/Demob - Split Spoon 1 Unit 0005AC Sampling- 1st Vibracore, per sample 200 Unit 0005AD Sampling-Additional Vibracores, per sample 150 Unit 0005AE Sampling-Split Spoon, per sample 5 Unit 0005AF Sampling-Grab, per sample 1 Unit 0005AG Sampling-Grab, per 5 gals 40 Unit 0005AH Sampling-Compositing 5 Unit 0005AJ Grain Size Analysis 400 Unit 0005AK % Moisture & Moisture Content 400 Unit 0005AL Specific Gravity 20 Unit 0005AM Bulk Density-wet 20 Unit 0005AN Plasticity Indices 20 Unit 0005AP Consolidation 1 Unit 0005AQ TSS 20 Unit 0005AR %TOC 400 Unit 0005AS Chlorine Produced Oxidants Test (Total Chlorine) 5 Unit 0005AV WC-Bivalve-1st 5 Unit 0005AW WC-Mysid-1st 5 Unit 0005AX WC-Menidia-1st 5 Unit 0005AY WC-Bivalve-Addtl 4 Unit 0005AZ WC-Mysid-Addtl 4 Unit 0005BA WC-Menidia-Addtl 4 Unit 0005BB 10-D Amphipod-1st 5 Unit 0005BC 10-D Mysid-1st 5 Unit 0005BE 10-D Amphipod-Addtl 4 Unit 0005BF 10-D Mysid-Addtl 4 Unit 0005BG 10-D Amphipod-LIS 1 Unit 0005BH 10-D Mysid-LIS 1 Unit 0005BJ 28-D Alitta-1st 5 Unit 0005BK 28-D Macoma-1st 5 Unit 0005BL 28-D Alitta-Addtl 4 Unit 0005BM 28-D Macoma-Addtl 4 Unit 0005BN 28-D Alitta-LIS 1 Unit 0005BP 28-D Macoma-LIS 1 Unit 0005BQ WC-Addtl Dilution 1 Unit 0005BR Statistics 10 Unit 0005BS Public Notice 5 Unit

Total 5th

Total

Years 1-5 Ext Price

Total Year 1 Extended Price $__________________________ Total Year 2 Extended Price $__________________________ Total Year 3 Extended Price $__________________________ Total Year 4 Extended Price $___________________________ Total Year 5 Extended Price $___________________________ Total Years 1-5 Extended Price $_________________________

Notes to Bidders

1. There are five tables in Section B the “Price Schedule”. The Price Schedule has a listing of the requirements that will be part of the basic IDIQ contracts. All Bidders must fill in prices for each item for the Base years for unit Price and (Extended) Price. The estimated quantity is the government’s estimate as to the usage of each item for each year of the contract. All bidders must fill in the Total Years 1-5 Extended Price.

2. Prices will be evaluated according to the Price Schedule listed provided in Section B. For the purpose of evaluating price, the lowest bidder will be the bidder with the lowest extended prices for YEARS 1-5.

3. While estimated quantities are the governments best estimate of anticipated usage for each year of the contract the actual usage may be more or less for each item.

4. A Laboratory must currently have an EPA approved Demonstration of Capability, unless 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 qualifications.

5. An acceptable Work/QA plan and Accident Prevention Plan are required prior to performing actual sampling and testing.

6. If there are any questions about the solicitation’s requirements, bidders should inquire prior to bidding on the work. All questions should be submitted to the Monica Chahary, Contract Specialist, monica.c.chahary@usace.army.mil and Nicholas Emanuel, Contracting Officer, nicholas.p.emanuel@usace.army.mil.

CPARS

The Federal Acquisition Regulation (FAR) requires that Past Performance Information (PPI) be collected on DoD contracts. The Contractor Performance Assessment Reporting System (CPARS) is a web enabled application the supports the completion, distribution and retrieval of all contract performance evaluations. Contractor Representative are responsible for reviewing and commenting on evaluations submitted on the Contractor Performance Assessment Reporting System (CPARS) website at https://www.cpars.gov/index.htm.

E-VERIFY

"The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award." *When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

SERVICE CONTRACT REPORTING

The firm selected for this contract will be required to utilize the SAM.gov system for Service Contract Reporting. This requirement only applies to task orders that have a total estimated value, including options, that exceeds $3 million. For additional information see:

https://sam.gov/content/entity-reporting.

STATEMENT OF WORK

STATEMENT OF WORK

BIOLOGY

Sampling and Testing of Dredged Material Proposed for Ocean Disposal and Upland Placement (Physical and Biological Analyses)

1. DESCRIPTION OF SERVICES TO BE PERFORMED: The majority of work to be performed under this contract consists of sampling and testing of dredged material for placement at the Historic Area Remediation Site (HARS) following procedures described in the 2016 US Army Corps of Engineers New York District/EPA Region 2 Guidance for Performing Tests on Dredged Material Proposed for Ocean Disposal (aka. Regional Testing Manual) (http://www.nan.usace.army.mil/Portals/37/docs/regulatory/Formdoc/FINAL_NYD- R2_REGIONAL_TESTINGMANUAL-APRIL%202016.pdf) and the 1991 EPA/USACE, Evaluation of Dredged Material Proposed for Ocean Disposal (aka. the Green Book) (https://www.epa.gov/sites/production/files/2015-10/documents/green_book.pdf), including subsequent updates to these two documents.

There will be additional work for sampling and testing of dredged material proposed for upland placement following the procedures described in the October 1997, New Jersey Department of Environmental Protection (NJDEP) technical manual entitled “The Management and Regulation of Dredging Activities and Dredged Material in New Jersey’s Tidal Waters” (http://www.nj.gov/dep/passaicdocs/docs/NJDOTSupportingCosts/DREDGING-NJ%20MANUAL- 1997.pdf) and in the November 2004, New York State Department of Environmental Conservation (NYSDEC) manual, entitled “Technical & Operational Guidance Series (TOGS) 5.1.9 In-Water and Riparian Management of Sediment and Dredged Material”, https://www.dec.ny.gov/docs/water_pdf/togs519.pdf, including subsequent updates to these two documents.

Delivery orders would include all or some of the following: sediment and water collection (on contractor-supplied ship); sample handling, processing and shipping; physical and chemical 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) and/or NJDEP/NYSDEC would have to be provided by the contractor for each delivery order. A Work/QA Plan and an Accident Prevention Plan (APP) prepared by the contractor and approved by NYD would be required prior to any sampling or testing. A Work/QA Plan must include: descriptions of all technical procedures for field sampling, laboratory analyses (eg. chemical, physical) for HARS and upland testing, 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, Regional Testing Manual, Green Book, TOGS, and NJDEP Technical Manual (1997) , a permit application; mechanisms for conducting 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, all Federal Navigation Channels within New York District, the length of the Hudson River, in the Atlantic Ocean at the Historic Area Remediation Site and its Mud Dump Reference Site.

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

2.1 SAMPLING FOR HARS AND UPLAND TESTING:

HARS projects generally consist of approximately 8-20 sample collection sites. Average core lengths are 6 feet, very rarely up to 18 feet. Depending on actual core lengths, additional vibracore deployments may need to be collected at each sample location in order to obtain sufficient amount of sample for HARS testing (40-50 gallons of sediment or 80 feet of sediment is needed for 1 HARS testing composite). The exact number of additional deployments will be coordinated with the Contractor prior to sample collection.

Upland projects may consist of approximately 10–70 locations with average core lengths ranging from 6– 10 feet. The exact number of samples to be collected will be specified by NYD for each project in the delivery order after coordinating with the Contractor.

One sediment sample and one site water sample per collection site is assumed for items 2.1.c and 2.1.f.

For HARS-only projects, item 2.1.c is to be used for the first vibracore sample collected at each sample location and one water sample. It includes the cost of setting up the vibracore and collecting the core sample and water sample. Item 2.1.d is to be used for each additional vibracore deployment needed at the same sample location as 2.1.c.

For upland-only projects, item 2.1.c is to be used for the first vibracore sample collected at each sample location and one water sample. Typically, upland projects only require one sediment vibracore sample at each location. Item 2.1.d should be used if additional deployments are needed at the same location.

For projects that are being sampled for both HARS and upland testing, item 2.1.c is to be used for the first vibracore sample collected at each sample location and one water sample. Item 2.1.d should be used if additional deployments are needed at the same location for HARS testing. Item 2.1.d should also be used if additional deployments are needed at the same location for upland testing.

Item 2.1.d cannot be used without first using 2.1.c.

A single mobilization/demobilization price per project will be paid; this will be a single price for all project conditions, including, but not limited to projects that require both HARS and upland sampling and testing.

Item 2.1.g 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 2.1.g primarily applies to upland projects which require substantial composting for testing. Item 2.1.g will not be applied to routine compositing required to fulfill the HARS testing needs outlined in the 1991 EPA/USACE, Evaluation of Dredged Material Proposed for Ocean Disposal (Testing Manual) or the 2016 (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.

Item 2.1.a and 2.1.b includes the cost of shipping samples to the Contractor or Subcontractor’s laboratories for upland and/or HARS testing.

a. Sediment & Water Sampling - Vibracore - Mobilization/Demobilization (Contractor supplies ship, crew and equipment. Price includes travel to/from lab, preparation of APP, Work QA Plan, travel to and from project site and sample shipment to contractor and/or subcontractor lab(s).)

b. Sediment & Water Sampling - Split Spoon - Mobilization/Demobilization (Contractor supplies ship, crew and equipment. Price includes travel to/from lab, preparation of APP, Work QA Plan, travel to and from project site and sample shipment to contractor and/or subcontractor lab(s).)

c. Sediment & Water Sampling - Vibracore (per first sample at each sample location)

d. Sediment & Water Sampling – Additional Vibracores (per each sample at each sample location after first sample has been collected at each sample location)

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

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

g. Sediment & Water Sampling – Compositing

2.2 SEDIMENT PHYSICAL ANALYSIS FOR HARS AND UPLAND TESTING: (Items 2.2.a – 2.2.f and 2.2.h per single or composited sediment sample; item 2.2g is per water sample)

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

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

c. Specific Gravity (ASTM – D854)

d. Bulk Density (expressed as wet)

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

f. 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.

g. 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.

h. % Total Organic Carbon (per single or composited sediment sample; see NYD Guidance

Manual for required method and MDL.)

2.3 WATER COLUMN BIOASSAYS FOR HARS TESTING: (Water column bioassays are generally performed per composite sediment sample (or per Reach). Prices for items 2.3.a – 2.3.c reflect prices for preparation and testing of a single composite elutriate and includes control water, dilution water and reference toxicant tests. Prices for 2.3.d – 2.3.f reflect prices for preparation and testing of each additional composite using the same control and reference toxicant exposures that was used in 2.3.a – 2.3.c).

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

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

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

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

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

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

2.4 BENTHIC BIOASSAYS FOR HARS TESTING: (Benthic acute toxicity bioassays are generally performed per composite sediment sample (or per Reach) and using reference sediment collected from the Mud Dump Reference Site . Prices for items a -b reflect prices for testing of a single composite and include all compositing, control, and Mud Dump reference sediment and reference toxicant exposures.

Prices for 2.4.c – 2.4.d reflect prices for testing of each additional composite using the same control and reference sediment and reference toxicant exposures that were used in 2.4.a – 2.4.b.)

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

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

c. 10-Day Benthic Acute Toxicity (Ampelisca abdita) - Addl Reach (same amphipod as used in Item

2.4.a)

d. 10-Day Benthic Acute Toxicity (Mysidopsis bahia) - Addl Reach (same bivalve as used in Item

2.4.b)

2.5 BIOACCUMULATION BIOASSAYS FOR HARS TESTING: (28-day bioaccumulation bioassays are generally performed per composite sediment sample (or Reach) using reference sediment collected from the Mud Dump Reference Site ). Prices for items 2.5.a – 2.5.b reflect prices for testing of a single composite and include all compositing, control, and Mud Dump reference sediment and reference toxicant exposures. Prices for 2.5.c -2.5.d reflect prices for testing of each additional composite using the same control and reference sediment and reference toxicant exposures that were used in 2.5.a – 2.5.b.

a. 28-Day Bioaccumulation (Alitta virens)- First Reach

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

c. 28-Day Bioaccumulation (Alitta virens)- per Additional Reach

d. 28-Day Bioaccumulation (Macoma nasuta)- per Additional Reach

2.6 ADDITIONAL DILUTIONS FOR HARS TESTING

a. Additional Dilution - Water Column Acute Toxicity (same number of replicates per dilution as specified in items 2.2.h through 2.3.f)

2.7 UPLAND WATER ANALYSIS: (per water sample; see NJDEP technical manual (1997) for required detection limits.) – Chlorine Produced Oxidants (Total Chlorine).

2.8 PREPARATION OF PUBLIC NOTICE TABLES FOR HARS TESTING

a. Statistical Analysis – Perform statistical analysis comparing bioaccumulation results for full set of analytes for one HARS composite (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 (Refer to US Army Corps of Engineers and EPA Region 2 Memo for the Record: Estimating “non-detects” in elutriate and tissue chemistry data submitted in support of Historic Area Remediation Site (HARS) suitability evaluations, September 14, 2020).

b. Prepare Public Notice Table Summaries and Testing Evaluation Memorandum Table - Reporting format is per the Government’s requirements (Refer to Enclosure 2 for examples of Public Notice Tables and Testing Evaluation Memorandum Table). Price assumes site water/elutriate, toxicity and bioaccumulation results for one HARS composite.

2.9 PREPARATION OF FINAL DATA TABLES and REPORTS FOR UPLAND TESTING

a. Preparation of data tables and reports in formats required by the States.

3. GOVERNMENT-FURNISHED DATA: The Government will furnish necessary data, survey maps, and sampling locations for each delivery order relating to the project

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 analytical results electronically in a format as requested by the Government. Full documentation of chain of custody must be included in the final reports. 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 bound reports and/or removeable media 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 their work and the work of their subcontractors. 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 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 clear, in focus, 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 required to 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. If the contractor fails to provide sufficient water for the completion of all testing specified, the contractor will be required to resample or collect sufficient additional water to conduct the testing at no expense to the government.

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.

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

10.3. If samples are required to be shipped to another laboratory for analysis, they must be maintained at the proper temperatures at all times (Refer to 10.11(b)).

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. Tissues samples must be maintained in the dark at - 20 o C with dry ice during shipment.

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 HARS tests identified in the most recent (at time of testing) 2016 US Army Corps of Engineers New York District/EPA Region 2 Guidance for Performing Tests on Dredged Material Proposed for Ocean Disposal and Upland tests identified in the October 1997, NJDEP technical manual “The Management and Regulation of Dredging Activities and Dredged Material in New Jersey’s Tidal Waters” and in the November 2004, NYSDEC manual, “TOGS 5.1.9 In-Water and Riparian Management of Sediment and Dredged Material”,.

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 the following:

10.7.1. A Sampling Work Plan/Laboratory Quality Assurance Plan (Work/QA Plan) prepared as specified in the most recent 2016 US Army Corps of Engineers New York District/EPA Region 2 Guidance for Performing Tests on Dredged Material Proposed for Ocean Disposal (unless formally instructed otherwise by the COR). Subsequent testing efforts will require only documentation of changes from the original approved work plan (unless formally instructed otherwise by the COR).

10.7.2. An Accident Prevention Plan (APP) specific to the work being performed. It shall include an Activity Hazard Analysis (AHA) for each major phase of work. All work shall be conducted in accordance with the APP, the U.S. Army Corps of Engineers Safety and Health Requirements Manual (EM 385-1-1, 30 Nov 2014) and all federal, state, and local safety and health requirements. A copy of EM 385-1-1 can be accessed electronically at http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf. The contractor shall obtain all clearances, state and local permits.

a. All marine activities shall be conducted in accordance with EM 385-1-1, Section 19 and all other applicable sections. All personnel, especially those operating the floating plant, shall be experienced and possess all licenses and permits needed. The Plan shall provide documentation that the plant meets all safety requirements, including any inspections or certifications required by the Coast Guard. Even if the plant is exempt from Coast Guard inspection, the Corps requires a vessel/plant inspection report performed by a qualified person. Submittal shall include the qualifications of the inspector.

b. The APP shall detail how health and safety will be managed during the project. The APP shall address the requirements of applicable Federal, State, and local safety and health laws, rules, and regulations. The Contractor shall comply with Federal Acquisition Regulation Clause No. 52.236-13 for Accident Prevention, which is added by reference. Special attention shall focus on the requirements of the Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, Appendix A, Section 01.A.11 and 01.A.13, and Figure 1- 2 (Activity Hazard Analysis (AHA)). The APP shall be developed by a qualified person. The contractor shall be responsible for documenting the qualified person’s credentials. Work shall not commence until the Corps Safety Office has accepted the APP and the AHA.

c. The APP shall interface with the Contractor's overall safety and health program. Any portions of the Contractor's overall safety and health program referenced in the APP shall be included in the applicable APP element and made site-specific. The Government considers the Prime Contractor to be the "controlling authority" for safety and health of the subcontractors.

Contractors are responsible for informing their subcontractors of the safety provisions under the terms of the contract, the penalties for noncompliance, and inspecting subcontractor operations to ensure that accident prevention responsibilities are being carried out.

d. The Contractor shall conduct a safety meeting at the project site on the first day of work, whenever a new activity or phase of work begins, or at least weekly during the progress of work. All safety meetings shall be documented. The safety meeting form or a similar contractor-prepared form shall be used. Records of the safety briefings shall be submitted weekly to the COR.

e. An AHA shall be submitted for each major phase of work. A major phase of work is defined as an operation involving a type of work presenting hazards not experienced in previous operations or where a new subcontractor or work crew is to perform the work. The analysis shall define all activities to be performed, identify the sequence of work, the specific hazards anticipated, and the control measures to be implemented to eliminate or reduce each hazard to an acceptable level. Work shall not proceed on a phase of work until the AHA has been accepted by the Safety and Occupational Health Office. A preparatory meeting shall be conducted by the contractor to discuss the AHA contents with all engaged in the activity. The preparatory meeting shall be conducted by the prime contractor and shall include all subcontractors and Government on-site representatives. The AHA shall be continuously reviewed and revised to address changing site conditions or operations as appropriate.

A draft version of the APP should be submitted electronically to the Safety and Occupational

Health Office and to the COR. The final version should be submitted electronically.

f. All accidents and near misses shall be investigated by the Contractor per EM 385-1-1 (2014) Section 01.D Mishap Reporting and Investigation which specifies the notification and reporting thresholds for mishaps and specifies their exposure hours. All work-related injuries, illnesses and property damage accidents (excluding on-the-road vehicle accidents), in which the property damage exceeds $5,000.00, shall be verbally reported to the Safety and Occupational Health Office (917-790-8613) within 24 hours of the incident. Serious accidents as described in EM 385-1-1 Section 01.D.05 shall be immediately reported to the Safety and Occupational Health Office and COR. ENG Form 3394 shall be completed and submitted to the Safety Occupational Health Office and the COR within five working days of the incident.

Notification and forms should be submitted to the Safety and Occupational Health Office with a copy submitted to 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 the 2016 US Army Corps of Engineers New York District/EPA Region 2 Guidance for Performing Tests on Dredged Material Proposed for Ocean Disposal.

Projects including upland testing must also comply with the NJDEP technical manual “The Management and Regulation of Dredging Activities and Dredged Material in New Jersey’s Tidal Waters” and the November 2004, NYSDEC manual, “TOGS 5.1.9 In-Water and Riparian Management of Sediment and Dredged Material”. 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 (bound hard copies and/or on removeable media), upon request, per the most recent 2016 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. 16-406 New York, New York 10278-0090 Ph. 917-790-8429 Fax. 212-264-4260

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 notice to proceed and delivery order

b. Shipping

- Water samples must be shipped to the receiving laboratory so as to allow at least 3 business days for extractions to prevent holding times from being exceeded.

- Sediment samples must be shipped to the receiving laboratory so as to allow at least 5 business days for extractions to prevent holding times from being exceeded.

- Tissue samples must be shipped to the receiving laboratory within 2 calendar days of completion of bioaccumulation assay.

c. Physical analysis of sediment:

- within 21 calendar days of sample collection

d. Water-Column Bioassays:

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

e. Whole-Sediment Toxicity Bioassays:

- within 14 calendar days of sample collection

f. Bioaccumulation Assays:

- within 30 calendar days of sample collection

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 summaries of all biological testing must be provided to NYD by email within 3 business days of completion of testing with the exception of the Mytilus edulus SPP test, which will be within 10 business days, because of the amount of data to be processed. Final results of all biological testing must be submitted to NYD within 90 days, or in the case of bioaccumulation assays, within 120 days of completion of sample collection. Statistical analyses, PN, and testing memorandum tables must be submitted to NYD within 15 business days of data receipt. Contractor must provide electronic copies of the PN Tables and the testing evaluation memorandum table.

10.14. Draft summaries of results for all upland testing must be provided to NYD upon request by email within 24 hours of completion of testing. Final results of all upland testing must be submitted electronically to NYD within 90 days of sample collection.

10.15. 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.

10.16. 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.

e. All data and records associated with sampling and testing must be electronically backed up daily.

10.17. 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 2016 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 for HARS Testing.

10.18. QA/QC procedures must be strictly adhered to for upland testing as described in the most recent versions of October 1997, NJDEP technical manual entitled “The Management and Regulation of

Dredging Activities and Dredged Material in New Jersey’s Tidal Waters” and in the…