R0005.pdf

W68MD972302297

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

RFP W912DW-17-R-0003

Amendment R0005

(Please see continuation page for more details)

1. CONTRACT ID CODE PAGE OF PAGES

U 1 28

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

16C. DATE SIGNED

BY 23-Oct-2017

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 W912DW-17-R-0003

X 9B. DATED (SEE ITEM 11)

21-Sep-2017

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

23-Oct-2017

CODE

USA ENGINEER DISTRICT, SEATTLE

ATTN: CENWS-CT

4735 EAST MARGINAL WAY SOUTH, BLDG. 1202

SEATTLE WA 98134-2388

W912DW 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912DW-17-R-0003

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

The following have been added by full text: R0005

1. This amendment five (0005) provides for the following:

Revisions to Section C.

Revisions to Section M.

Revisions to Sample Project 1 Template FFP Excel Spreadsheet – For informational purposes only.

Revisions to Sample Project 2 Template CPFF Excel Spreadsheet – For informational purposes only.

2. The proposal submittal time and date of 1:00:00 PM LOCAL TIME, 13 November 2017 remains the same.

3. The attached revised sections are to be replaced in their entirety. Specifications changes are generally identified, for convenience, either by strikeout for deletions, and double underlining of text for additions or a single dark line in the margin. All portions of the revised sections shall apply whether or not changes have been indicated.

4. NOTICE TO OFFERORS: Offerors must acknowledge receipt of all amendments including this amendment by number and date on bid.

Encl:

Section C (Revised) Section M (Revised) Sample Project 1 Template FFP (Revised) Sample Project 2 Template CPFF (Revised)

Page 1 R0005

SECTION C – PERFORMANCE WORK STATEMENT

PART 1 GENERAL

1.1 DESCRIPTION OF WORK

This Pre-placed Remedial Action Contract (PRAC) will support work for existing and future customers assigned to the U.S. Army Corps of Engineers (USACE) Northwestern Division (NWD) and the Environmental Protection Agency (EPA) Region 2, for hazardous, toxic and radioactive waste (HTRW) remediation projects for both civilian and military agencies of the Federal Government. The PRAC will support existing and future USACE customers of the five Districts (Seattle, Walla Walla, Portland, Kansas City, and Omaha) within the Northwestern Division of the Army Corps of Engineers (USACE), which has a geographic footprint covering the following states: Washington, Oregon, Idaho, Montana, North Dakota, South Dakota, Minnesota, Wisconsin, Wyoming, Nebraska, Iowa, Colorado, Kansas, and Missouri. In addition, this MATOC includes missions for EPA Region 2 in the states of New York and New Jersey.

This contract for environmental response actions will include service and construction activities mandated by the Defense Environmental Restoration Program (DERP); EPA actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA or Superfund) and the Brownfields Program;

environmental compliance and pollution prevention projects under the Department of Defense Environmental Quality Program; Formerly Utilized Sites Remedial Action Program (FUSRAP); environmental cleanup activities under the Base Realignment and Closure (BRAC) Program; Department of Homeland Security and the Federal Emergency Management Agency (FEMA); and other environmental and homeland security laws and regulations requiring support activities for military installations, Corps' civil works projects, and work for other federal agencies. The DERP projects will include Installation Restoration Program (IRP) activities on active Army and Air Force installations and on Formerly Used Defense Sites (FUDS).

1.2 GEOGRAPHIC COVERAGE

This Pre-placed Remedial Action Contract (PRAC) will primarily support work assigned to the USACE NWD and EPA Region 2, as indicated in Section 1.1.

1.3 WORK SCOPE, CONTRACTOR CAPABILITY AND EXPERIENCE

The Contractors selected for this work shall have the capability and experience to perform or provide a wide range of remedial action services at hazardous waste sites. These efforts may include environmental removal actions, remedial actions, and other remediation activities as well as related activities necessary to ensure complete and successful remediation. Remedial activities/technologies may include, but not be limited to, excavation, transportation, and disposal of hazardous, toxic, or low level radiological waste; construction and operation of groundwater treatment plants and extraction systems; dredging of contaminated sediments; installation and operation of in situ treatment technologies including but not limited to air sparging, chemical oxidation, bioremediation, ground-water circulating wells, permeable reactive barriers, soil vapor extraction, and thermal treatment; water and wastewater line installations/service connection hookups; utility line replacement and/or remediation along utility lines; and erosion, sewer, and storm water controls for the purpose of compliance and/or pollution prevention. Supporting activities include, but are not limited to, sampling and laboratory analysis of soil, groundwater, surface water, air, and sediments; monitoring well, extraction well, and injection well installation; well monitoring and maintenance; supporting facilities for construction; work plan preparation; construction completion reports, as-built drawings, periodic monitoring reports, operation and monitoring reports, and other documents as needed; demolition; and public relations activities.

1.4 POTENTIAL ADDITIONAL WORK SCOPE

The Contractors selected for this work may also be called upon to provide services and construction to support Department of Homeland Security and Federal Emergency Management Agency (FEMA) initiatives in the event of a terrorist threat, an actual terrorist incident, or other incident. This will require capabilities that will not specifically

Page 2 R0005 be evaluated under this solicitation. These capabilities may include responding to hazardous, toxic, or radiological threats or incidents. These activities may also involve dealing with biological, chemical, and/or radiological aspects of weapons of mass destruction (WMD) or other terrorist weapons.

1.5 BACKGROUND INFORMATION

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

1.6 DESCRIPTION OF TASK ORDER

The Contracting Officer or their authorized representative will provide the Contractor with a Scope of Work or a Performance Work Statement for work or service required. Performance-based Task Orders will be issued against the awarded MATOCs. The Contractor shall provide the Government with a cost estimate within 30 days of the request unless specifically requested otherwise, depending on the work/Task Order. The individual Task Orders will be either firm fixed price or cost plus fixed-fee. The Contractor's proposal shall be supported by necessary documentation such as drawings, calculations, catalog cuts, specifications, and architectural renderings, to indicate that adequate engineering and planning to accomplish the requirement has been done. Task Orders will be competed among all members of the MATOC pool. All Task Orders will be solicited and competed in accordance with procedures in FAR 16.505. The Contractor will not be reimbursed for the cost of Task Order proposal preparation.

1.7 COST REIMBURSEMENT TASK ORDERS

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

1.7.1 Contract Management Procedures

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

1.7.2 Proposal Requirements

It is imperative to the Government that the Contractor has the ability to control and project costs on cost reimbursement task orders. Therefore, the successful Contractor shall exercise adequate cost control policies and procedures.

1.7.3 General

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

1.7.4 Management Organization, Responsibilities, and Authorities

The objective of cost reimbursement Task Orders is to obtain the specified work or service on time at the least possible cost while managing risks, known and unknown. As such, the Contractor must demonstrate a management team and organization capable of performing its own management and subcontract management

Page 3 R0005 effectively and efficiently. Managers identified as key personnel must have the relevant experience and education to perform the possible scope of services. The primary Government authority under the contract is the Contracting Officer (KO). Representatives of the Contracting Officer appointed in writing as authorized Contracting Officer's Representative (COR) or Administrative Contracting Officer (ACO) also serve as personnel of authority. Only the KO or ACO may cause an increase in the contract obligation amount or schedule. Technical direction under a cost reimbursement Task Order may also be made by the COR as long as it does not impact cost or schedule.

1.7.5 Mobilization

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

1.7.6 Management Information System (MIS)

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

1.7.6.1 This MIS must be capable of integrating cost and schedule information to provide, at a minimum:

daily tracking of costs incurred, daily tracking of costs scheduled, projection of cost and schedules, earned value, and time phased budget and spending curves. Automated information should be remotely accessible at the work site and other locations to allow for daily cost tracking of actual labor (both on-site and home office), equipment, purchases, subcontracts, other commitments, obligations, and expenditures. This system should be able to be used as a project management tool to capture committed or obligated costs as they occur, not when reconciled at invoice.

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

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

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

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

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

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

1.7.7 Work Allocation Document

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

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

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

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

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

1.7.7.6 The Government will not automatically use the WAD process on cost reimbursement Task Orders.

Depending on the size, complexity, dollar value, and duration of a cost reimbursement Task Order, the Government may elect to control costs while still authorizing the Contractor to expend and/or obligate funds up to the full Task Order estimated cost. In either event, the Contractor is expected to utilize its cost control procedures to deliver to the Government at the least possible cost for the duration and work specified.

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

1.7.8 Procurement and Subcontracting

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

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

1.8 TECHNICAL CHANGES AND CLAIMS

Contract clauses for changes and disputes are included for cost reimbursement Task Orders. The Contractor shall minimize subcontract disputes and effectively and efficiently control and process subcontract changes. Pre-pricing of subcontract changes is preferred, as is a formal system of issuing subcontract changes where obligations are recorded in advance of issuance of drawing changes or Task Orders issued to the Contractor.

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1.9 CLOSEOUT PROCEDURES

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

1.10 SITE-SPECIFIC SUBMITTALS.

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

1.10.1 Work Plan

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

1.10.1.1 Work to be accomplished.

1.10.1.2 Discussion of implementation of the project including the method of operation, type of equipment, personnel required, and other special considerations.

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

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

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

1.10.1.6 Logs, reports, and record keeping to be utilized, and

1.10.1.7 Plans as listed below, as required.

1.10.2 Health and Safety

Site-specific health and safety submittals including safety practices, procedures, and equipment are required.

The Contractor shall develop, implement, and enforce an Accident Prevention Plan (APP). The plan shall incorporate the requirements of 29 CFR 1910, Corps of Engineers EM 385-1-1 (Safety and Health Requirements) and ER385-1-92, (Safety and Occupational Health Requirements for Hazardous, Toxic, and Radioactive Waste (HTRW) Activities). The Health and Safety Manager shall sign and date the APP prior to submittal for approval.

1.10.3 Sampling and Analysis

The Contractor will prepare a project-specific Uniform Federal Policy-Quality Assurance Project Plan (UFP- QAPP) before implementing any field activities that will outline a strategy for addressing data gaps and provide a detailed procedure for collecting data. The UFP-QAPP shall be prepared in accordance with EPA-505-B-04- 900A Uniform Federal Policy for Quality Assurance Project Plans, Final, Version 1, March 2005, which should incorporate field sampling procedures.

Contractor shall also follow information included in the Attachments in Section J titled “Chemistry Supplement to the Scope of Services - Multiple Environmental Government Acquisition (MEGA)”, the

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“Supplement for Contractor Quality Control Plans for Remedial Actions”, and the “Geology Supplement

– MEGA”, as applicable.

1.10.4 Sustainable Practices.

Projects executed for EPA shall use technologies and practices that are sustainable in accordance with EPA Green Remediation Policy (August 2016) found at https://semspub.epa.gov/work/HQ/100000160.pdf or other EPA green requirements as applicable.

1.11 SUBMITTAL PROCEDURES

1.11.1 Submittals are those required and further described in the Statement of Work specifications of each individual

Task Order. Submittals are classified as follows:

1.11.1.1 Government Approved

Government approval is required for extensions of design, critical materials, deviations, equipment whose compatibility with the entire system must be checked, and other items as designated by the Contracting Officer.

Within the terms of the Contract Clause entitled "Specifications and Drawings for Construction," they are considered to be "shop drawings." Shop drawings shall be submitted in ample time (no less than 30 days or as defined in the Task Order) to secure approval prior to the time the items covered thereby are to be delivered to the site. ENG Form 4025 shall be used for the transmittal of shop drawings.

1.11.1.2 Information Only

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

1.11.2 Approved Submittals

The Government approval of submittals shall not be construed as a complete check, but will indicate only that the general method of construction, materials, detailing and other information are satisfactory. Approval will not relieve the Contractor of the responsibility for any error which may exist, as the Contractor under the CQC requirements of this contract is responsible for dimensions, the design of adequate connections and details, and the satisfactory construction of all work. After submittals have been approved by the Government, no resubmittal for the purpose of substituting materials or equipment will be considered unless accompanied by an explanation of why a substitution is necessary.

1.11.3 Disapproved Submittals

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

1.11.4 Withholding of Payment

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

1.11.5 Approval of Submittals

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

1.11.6 Deviations

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

1.11.7 Control of Submittals

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

1.11.8 Information Only Submittals

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

1.11.9 As-Built Drawings.

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

1.12 VETERANS EMPLOYMENT EMPHASIS FOR U.S. ARMY CORPS OF ENGINEERS CONTRACTS

In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13, and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

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

PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION

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3.1 ENVIRONMENTAL REQUIREMENTS

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

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

3.2 PERMITS/LICENSES

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

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

The Contractor shall ensure that his personnel and all subcontractors handle, transport, store, treat and/or dispose of all hazardous wastes as required by the applicable laws and regulations. The Contractor shall review all information provided and develop the necessary deliverables which contain the transportation and disposal criteria, procedures, and practices sufficient to protect personnel, the environment, and potential off-site receptors from chemical, physical, and/or biological hazards. The Contractor shall use the services of a Regulatory Specialist (see paragraph:

3.7.10, Regulatory Specialist) experienced in hazardous waste manifesting and hazardous waste site operations. If the information that is available is insufficient to allow the Contractor to develop these documents, a description of all additional information required shall be prepared and submitted to the Contracting Officer, prior to the commencement of work.

It is the responsibility of the contractor to dispose of any Investigative Derived Waste (IDW) generated during individual task orders. Should IDW require a hazardous waste manifest, bill of lading or other tracking procedure by a transporter or disposal site, it is the responsibility of the contractor to secure the proper shipping and transport manifest. USACE, Activity and/or installation representative are available for coordination and review only. Materials which may become IDW include, but are not limited to:

Personal protective equipment (PPE) - This includes disposable coveralls, gloves, booties, respirator canisters, splash suits, etc.

Disposable equipment and items - This includes plastic ground and equipment covers, aluminum foil, conduit pipe, composite liquid waste samplers (COLIWASAs), Teflon® tubing, broken or unused sample containers, sample container boxes, tape, etc.

Soil cuttings from drilling or hand augering.

Drilling mud or water used for mud or water rotary drilling.

Groundwater obtained through well development or well purging.

Cleaning fluids such as spent solvents and wash water.

Packing and shipping materials.

Again, this applies to IDW only, all other hazardous waste shall be transported, stored, treated and disposed of following procedures outlined in Sections 3.3.1 through 3.3.7.

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

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

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

3.3.1.1 Transportation

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

3.3.1.2 Identification of the Disposal Facility

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

3.3.1.3 Shipment Tracking

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

3.3.1.4 Tracking of Hazardous and/or Solid Wastes

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

3.3.1.5 Certification

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

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3.3.2 Complete Manifest Package

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

3.3.2.1 Preparation

The Contractor shall have a single Regulatory Specialist (see paragraph 3.7.10, Regulatory Specialist) review the complete manifest package and shipping documentation. The Regulatory Specialist shall certify as correct the Hazardous Waste Manifest, Waste Profile Sheets, and Land Disposal Restriction Notification and Certification forms and supporting documentation. Once the review is completed, the Contractor shall submit these documents to the KO for approval.

3.3.2.2 Submittal

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

3.3.2.3 Approval

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

3.3.2.4 Designation of Generator

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

3.3.2.5 Transportation of the Manifested Waste

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

3.3.2.6 Generator Status

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

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3.3.3 Transportation and Disposal Reporting Requirements

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

3.3.3.1 Hazardous Waste Manifest Annual and/or Biennial Reporting Requirements

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

3.3.3.2 Tabulated Waste Handling Information

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

3.3.3.3 State Reporting Requirements

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

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

3.3.3.4 Transportation and Disposal Tracking Form

The Contractor shall complete the Transportation and Disposal Tracking Form provided with the Task Order.

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

3.3.3.5 Discrepancy Reports

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

3.3.3.6 Exception Reports

The Contractor shall verify if the generator or generator's representative has received a copy of the signed manifest from the TSDF on or before the 35th day after transporter signature. If the generator or generator's representative has failed to receive a signed copy of the manifest by the 44th day, the Contractor shall prepare a draft EPA exception report for KO approval. The Final Exception Report shall be submitted to the KO no later than the 45th day after transporter signature. This information shall also be presented in the Final Report.

Prior to official submittal of Exception Report, a draft copy of the report shall be submitted to the KO for review. The Government will make every effort to conduct the approval process within five (5) working days after the KO receives the complete Exception Report.

3.3.3.7 Toxic Substance Control Act PCB Reporting Requirements

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

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

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

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

d. Arrange for the proper disposal of the waste; and, when disposal is completed, certify that the

PCB contaminated material was disposed properly in accordance with all Federal, State, and local laws and regulations; and

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

Final Report.

3.3.3.8 On-Site Personnel

The Contractor shall use a trained, experienced, on-site person to ensure that all on-site procedures for transportation and disposal of hazardous wastes are implemented and enforced on-site. The on-site person responsible for certification shall be trained as per DOT regulations. The on-site person's qualifications shall be approved by the KO.

3.3.4 Contractor Responsibilities

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

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

3.3.5 Government Responsibilities

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

3.3.6 Regulator Notices of Non-Compliance

In the event the Contractor is notified by a Federal, State, or local agent that a manifest, shipment, waste disposal, or any related activity concerning a Task Order under this Contract is not in order or not in compliance with any requirement, the Contractor shall notify the KO immediately. The Contractor shall furnish to the Government copies of all notices and all relevant documents, including correspondence, subcontracts, lab reports, memoranda, and any other documents requested by the Government within a timely manner. The Contractor shall coordinate its

Page 13 R0005 response to the notice with the KO prior to submission to the notifying authority, and shall furnish a copy to the KO of all documents submitted to the authority, including the final reply to the notice. This coordination will not relieve the Contractor of their responsibilities.

3.3.7 Subcontractor Coordination

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

3.4 RADIOLOGICAL EQUIPMENT

In…