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RFP No. W912DW-17-R-0003
Seattle District
NWD $75M Section 8(a) SB Set-Aside IDIQ MATOC for Preplaced Remedial Action
Contract (PRAC)
Services and Construction Solicitation and Specifications
100% Set-Aside for 8(a)
September 2017
This page intentionally left blank.
CODE
(Hour)
PAGE(S)
until local time
X
A X B X C
D
EX
X G F 175 - 188
189 - 199 X H 200 - 205
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)
1 205
(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.
W912DW 8. ADDRESS OFFER TO
See Item 7
9. Sealed offers in original and 5 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)
11. TABLE OF CONTENTS
SOLICITATION/ CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/ COSTS
2 - 11
X I CONTRACT CLAUSES
DESCRIPTION/ SPECS./ WORK STATEMENT X
PACKAGING AND MARKING
12 - 30 J LIST OF ATTACHMENTS
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE
X K
REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
CONTRACT ADMINISTRATION DATA 33 - 36 X
SPECIAL CONTRACT REQUIREMENTS
OFFER (Must be fully completed by offeror) 37 - 42 X M
L INSTRS., CONDS., AND NOTICES TO OFFERORS
EVALUATION FACTORS FOR AWARD
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAYMENT
(See Section I, Clause No. 52.232-8)
14. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments
AMENDMENT NO. DATE
to the SOLICITATION for offerors and related documents numbered and dated):
FACILITY
12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period
SOLICITATION, OFFER AND AWARD
X
(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)
PART I - THE SCHEDULE
26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE
EMAIL:TEL: (Signature of Contracting Officer)
CODE CODE
B. TELEPHONE (Include area code) C. E-MAIL ADDRESS
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)
23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE
PART IV - REPRESENTATIONS AND INSTRUCTIONS
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
43 - 101
PART II - CONTRACT CLAUSES
USA ENGINEER DISTRICT, SEATTLE
ATTN: CENWS-CT
4735 EAST MARGINAL WAY SOUTH, BLDG. 1202
SEATTLE WA 98134-2388
FAX:
TEL:
FAX:
TEL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
102 - 174
6. REQUISITION/PURCHASE NO.
W68MD972302297
5. DATE ISSUED
21 Sep 2017
4. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
[ X ]
3. SOLICITATION NO.
W912DW-17-R-0003
1:00:00 PM
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 75,000,000 Job FFP Base Period
NWD Regional $75M Section 8(a) Small Business PRAC.
This CLIN is designated for Firm Fixed Price work. The Contractor shall perform Pre-Placed Remedial Action work in support of existing and future customers within the Northwestern Division of the Army Corps of Engineers (USACE) and the Environmental Protection Agency (EPA) Region 2. This base period is for a duration of three (3) years from the date of contract award. This MATOC consists of a shared capacity in the amount of $75,000,000.00.
FOB: Destination
PURCHASE REQUEST NUMBER: W68MD972302297
FFP
NET AMT
0002 Job CR Base Period
CPFF
NWD Regional $75M Section 8(a) Small Business PRAC This CLIN is designated for Cost Reimbursement work. The Contractor shall perform Pre-Placed Remedial Action work in support of existing and future customers within the Northwestern Division of the Army Corps of Engineers (USACE) and the Environmental Protection Agency (EPA) Region 2. This base period is for a duration of three (3) years from the date of contract award. This MATOC consists of a shared capacity in the amount of $75,000,000.00.
FOB: Destination
ESTIMATED COST
FIXED FEE
TOTAL EST COST + FEE
0003 Job OPTION FFP Option Period 1 (2 Year Duration)
NWD Regional $75M Section 8(a) Small Business PRAC.
This CLIN is designated for Firm Fixed Price work. The Contractor shall perform Pre-Placed Remedial Action work in support of existing and future customers within Northwestern Division of the Army Corps of Engineers (USACE) and the Environmental Protection Agency (EPA), Region 2. This option period is for a duration of two (2) years. This MATOC consists of a shared capacity in the amount of $75,000,000.00.
0004 Job OPTION CR Option Period 1 (2 Year Duration)
CPFF
NWD Regional $75M Section 8(a) Small Business PRAC This CLIN is designated for Cost Reimbursement work. The Contractor shall perform Pre-Placed Remedial Action work in support of existing and future customers within the Northwestern Division of the Army Corps of Engineers (USACE) and the Environmental Protection Agency (EPA), Region 2. This option period is for a duration of two (2) years. This MATOC consists of a shared capacity in the amount of $75,000,000.00.
0005 Job OPTION FFP Option Period 2 (6 Month Duration)
NWD Regional $75M Section 8(a) Small Business PRAC.
This CLIN is designated for Firm Fixed Price work. The Contractor shall perform Pre-Placed Remedial Action work in support of existing and future customers within Northwestern Division of the Army Corps of Engineers (USACE) and the Environmental Protection Agency (EPA), Region 2. This option period is for a duration of six (6) Months. This MATOC consists of a shared capacity in the amount of $75,000,000.00.
0006 Job OPTION CR Option Period 2 (6 Month Duration)
CPFF
NWD Regional $75M Section 8(a) Small Business PRAC This CLIN is designated for Cost Reimbursement work. The Contractor shall perform Pre-Placed Remedial Action work in support of existing and future customers within the Northwestern Division of the Army Corps of Engineers (USACE) and the Environmental Protection Agency (EPA), Region 2. This option period is for a duration of six (6) Months. This MATOC consists of a shared capacity in the amount of $75,000,000.00.
SECTION B
SECTION B – SUPPLIES OR SERVICES & PRICES / COSTS
1. Contract Definition
The Northwestern Division Regional $75M Section 8(a) Small Business Set-Aside Pre-placed Remedial Action Contract (PRAC) is an Indefinite Delivery / Indefinite Quantity (ID/IQ) Multiple Award Task Order Contract (MATOC) issued as part of the U.S. Army Corps of Engineers (USACE), Northwestern Division (NWD) Multiple Environmental Government Acquisition (MEGA) Strategy.
This ID/IQ MATOC PRAC has been issued under NAICS Code 562910, in support of 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 the Environmental Protection Agency (EPA), Region 2 in the states of New York and New Jersey. Firm fixed price and/or cost reimbursement Task Orders may be written against the ID/IQ contracts.
All Task Orders to be awarded under this MATOC will be competed in accordance with (IAW) FAR 16.505(b)(1), Fair Opportunity, and DFARS 216.505-70, Ordering Under Multiple Award Contracts, unless one of the exceptions to fair opportunity at FAR 16.505(b)(2)(i) applies. IAW FAR 16.505(b)(1) and DFARS 216.505-70 Task Order selection will be tailored to specific project requirements and awarded IAW pre-established factors and evaluation criteria. Factors may consist of, but not be limited to, the following:
1. Company Experience
2. Performance Confidence
3. Cost/Price
The Government’s target is to award five (5) contracts under this solicitation; however, if the Contracting Officer determines during the source selection process that fewer or more than five (5) contracts should be awarded, based upon the selection criteria, the Source Selection Authority has the discretion of adjusting that number, or awarding none at all.
Please ensure that NAICS code 562910 is incorporated in your current Contract Registration at the System for Award Management (SAM), https://www.sam.gov/portal/public/SAM/
Failure to have this NAICS code current in SAM may result in not being considered for the award.
***NOTE***
When contacting the SAM Help Desk with issues relating to registering for a CAGE Code, please DO NOT ask for CAGE Code help, instead ask for help with SAM Registration which will end in a better result and assistance with the SAM Help desk.
For SAM Customer Service, contact:
Federal Service Desk URL: www.fsd.gov Hours: 8am - 8pm (Eastern Time) US Calls: 866-606-8220 International Calls: 334-206-7828
DSN: 866-606-8220
2. Eligibility
The contract will be awarded only to qualified Section 8(a) small business offerors who are eligible under the requirements of this solicitation.
3. Total Amount of Contract
The total amount of the MATOC with shared capacity among all Contractors awarded contracts under this solicitation shall not exceed $75 million. There is no limit of the number of Task Orders that may be executed against this contract. The cumulative total of all Task Orders issued under the MATOC shall not exceed the total contract capacity amount of $75 million.
4. Guaranteed Contract Amount
The minimum guarantee for the IDIQ is $2,500. Task Order 0001 will be issued under each contract awarded as a result of this solicitation. The Task Order will satisfy the minimum guarantee of the contract terms and conditions.
Task Order 0001 will have a period of performance for 3 years. If additional Task Orders are awarded under the contract, Task Order 0001 will be de-obligated and closed at no additional cost or liability to either party.
5. Performance Period
Contracts will have a basic ordering period (three (3) years) plus one option period (two (2) years), or until the $75 million contract limit is reached, whichever comes first. This Solicitation also includes FAR 52.217-8, which if necessary, allows the Government to extend the term of the Contract an additional six (6) months. The total length of the contract ordering period, including the exercise of all option periods, will not exceed five years and six months from date of contract award.
6. Pricing
6.1 Firm-Fixed Price (FFP) Task Orders.
FFP Task Orders will be for services performed at prices expressly provided for therein and based on the rates proposed by the offeror in the tables below. Profit will be reflected in individual Task Orders issued. The price for each firm-fixed price Task Order shall be based on the hourly rates for labor disciplines proposed by the offeror in the “Hourly Labor Rates, Firm Fixed Price” table shown below, and the offeror’s proposed markups for the other direct costs in the tables below. All hourly rates shall include Overhead, General/Administrative, Labor Burden Fringes, and any other markups that are included in the offeror’s fully burdened rate. All hourly rates shall be exclusive of profit. If a discipline is not listed in the Hourly Labor Rates table and is required for a specific Task Order, that labor rate will be determined before award of that Task Order.
The offeror shall submit its proposed rates for all disciplines and years listed in Table 1 below. The rates proposed will be legally binding and will be the maximum rates that the offeror will use for all firm-fixed price Task Orders.
Lower rates may be offered at the Task Order level, if deemed appropriate by the offeror. Offerors shall provide one rate per labor discipline, including those provided by subcontractors. The offeror may not have all personnel on staff. Therefore, if those personnel are subcontracted, their rates shall be provided in the tables as well. The rates provided per labor discipline shall be fully burdened rates, exclusive of profit.
The offeror shall only provide the Overhead and G&A rates for the prime, even if the labor disciplines will be performed by the prime or a subcontractor, depending on the Task Order. The subcontractor would be subject to honoring the labor rates stated for the subject labor discipline.
NOTE: If during the Contract Period of Performance, the Contractor’s original subcontracted personnel are no longer available to the Prime, the Prime shall find a subcontractor that has at a minimum, the same qualifications as the previous subcontracted personnel. The Prime shall be responsible for negotiating the labor rates for those personnel that have been provided in this Solicitation. Those rates provided in Section B, Table 1 are the maximum that will be paid by the Government for any replacement personnel.
In Table 2 (Rates/Markups) below, offerors shall show the breakout of all rates and markups that are incorporated into the fully burdened rates proposed by the offeror in Table 1.
Maximum rates shall be governed by the date of the Task Order requirement. Task Orders will use the prices for the 12-month period effective on the date the Task Order is issued. Modifications to Task Orders will reflect the rates of the "current 12-month" bid schedule. For example, if the rate schedule changes over on 1 November of each year, and a Task Order is issued on 1 Sep 2018 for 12 months work, the maximum rates will be the rates that were effective on 1 Nov 2017. Under the same assumptions, if a modification to this Task Order is required in December 2018, labor rates effective on 1 Nov 2018 will apply.
Table 1
Hourly Labor Rates, Firm Fixed Price
DISCIPLINE
PRIME
OR SUB
BASE
HRLY
RATE
Year 1
FULLY
LOADED
HRLY
RATE
Base
Period Year 1
FULLY
LOADED
HRLY
RATE
Base
Period Year 2
FULLY
LOADED
HRLY
RATE
Base
Period Year 3
FULLY
LOADED
HRLY
RATE
Option
Period 1/ Year 4
FULLY
LOADED
HRLY
RATE
Option
Period 1/ Year 5
FULLY
LOADED
HRLY
RATE
Six-month extension
Program Manager
Project Manager On-Site Contractor Quality Control Supv (CQCS)
Safety & Health Manager (SHM)
Site Safety and Health Officer
(SSHO)
Contracts Manager/Specialist
Procurement Specialist
Sr. Environmental Engineer
Environmental
Sr. Field Geologist
Field Geologist
Sr. Hydrogeologist
Hydrogeologist
Sr. Civil Engineer
Civil Engineer Sr. Mechanical
Mechanical
Sr. Electrical
Electrical Engineer
Sr. Process Engineer
Process Engineer Sr. Geotechnical
Geotechnical
Sr. Geophysicist
DISCIPLINE
PRIME
OR SUB
BASE
HRLY
RATE
Year 1
FULLY
LOADED
HRLY
RATE
Base
Period
FULLY
LOADED
HRLY
RATE
Base
Period Year 2
FULLY
LOADED
HRLY
RATE
Base
Period Year 3
FULLY
LOADED
HRLY
RATE
Option
Period 1/ Year 4
FULLY
LOADED
HRLY
RATE
Option
Period 1/ Year 5
FULLY
LOADED
HRLY
RATE
Six-month extension
Geophysicist Sr. Risk Assessor/ Toxicologist
Risk Assessor/ Toxicologist
Sr. Biologist
Biologist
Sr. Chemist
Chemist Sr. Regulatory
Regulatory
Sr. Surveyor
Surveyor
Sr. CADD/GIS
CADD/GIS
Sr. Cost Estimator
Cost Estimator Site Superintendent/ Construction Manager
Engineering Technician
Field Technician
Sr. Data Processor
Data Processor
Word Processor
Clerical
NOTES:
1. Offerors are to submit their labor rates for each of the ordering periods.
2. Assume base year 1 labor rates cover period 1 January 2018 through 31 December 2018.
3. For each labor discipline, please annotate whether the discipline provided is Prime or Subcontractor. If both
Prime and Subcontractor will perform the work, indicate “Both” in column 2 and enter a single rate.
4. Offerors shall provide an example of how mark-ups are applied to the labor rates. The indicated method will be used for all Task Orders issued under the contract.
5. Offerors are to provide only one table with one rate per discipline. Table 1 must be completely filled out.
Joint Ventures submit a single maximum rate in Table 1 for the JV.
6. If the cost for a discipline indicated above is included in an Offeror’s overhead rates as part of the Offeror’s standard accounting system, the Offeror shall enter an hourly rate of $1 and include an explanation below the table regarding how that discipline’s costs are accounted for under the Offeror’s standard accounting practices.
Table 2
Rates / Markups
Base
Contract
Year 2
Year 3
Option
Period 1 (Year 4)
Option
Period 1 (Year 5)
Option Period 2 (Six-month extension)
Total Labor Home Office
Overhead Rate*
Field Office Overhead Rate*
G&A Rate*
Fully Loaded Hourly Labor Rate Annual Escalation
*Must be substantiated by DCAA at a later time
NOTES:
1. Overhead and G&A rates should be shown separately.
2. The rates/markups provided in Table 2 are a breakout of the rates/markups incorporated into the fully burdened rates proposed by the offeror in Table 1. Escalation rates should be consistent with fully loaded rates in Table 1.
3. For any mark-up that is not considered as Overhead or G&A, please provide the markups along with documentation that the mark-up is part of your company’s standard accounting practices (examples:
computer usage fees, Facilities Capital Cost of Money).
6.2 Cost Reimbursable Type Task Orders
Cost reimbursable type Task Orders will be issued for project services based on allowable incurred costs for best effort on the part of the Contractor. For cost reimbursement type Task Orders, the Contractor shall use DCAA/DCMA approved forward pricing, actual rates for individuals performing work if the offeror does not have DCAA/DCMA approved forward pricing rates, or third party audited rates.
The Contractor shall have an accounting system that is in compliance with Generally Accepted Accounting Principles (GAAP) and the Cost Accounting Standards (CAS), if applicable. In accordance with FAR 16.301-3, the Contractor’s accounting system must be determined adequate for tracking costs for cost reimbursable work.
Therefore, in order to be awarded a cost reimbursable Task Order under this contract the offeror must have an accounting system that is adequate for tracking costs under cost reimbursable contracts. See Section L, paragraph
4.2.3 for further details.
6.3 Profit/Fee on Firm Fixed Price and Cost Reimbursable Task Orders
Offerors shall propose a maximum profit rate (for firm fixed price work) and a maximum fixed fee rate (for the project-specific cost reimbursable work) in Table 3. The proposed maximum profit rate will be legally binding and will be the maximum profit rate the offeror will be allowed to propose for all firm fixed price work performed under this contract. The proposed maximum fixed fee rate will be legally binding and will be the maximum fixed fee rate the offeror will be allowed to propose for all cost reimbursable work performed under the Task Order. Lower rates may be proposed on subsequent Task Orders/Modifications. Profit and fee will be negotiated on an individual Task Order and modification basis.
Table 3. Maximum Profit and Fee Rates
Maximum Fixed Fee Rate (Cost Reimbursable Work) Maximum Profit Rate (Firm Fixed Price Work)
Note: Offerors must propose a single rate in Table 3. Do not propose separate maximum rates for subcontractors or Joint Venture partners. Do not submit different maximum rates for self-performed work and subcontracted work.
7. Department of Labor Wage Rates
For individual Task Orders written against the contract, the appropriate Department of Labor Wage Determination will be provided.
8. Travel
The Contractor shall perform all travel and attend all meetings necessary for completion of the work required by the Task Orders. Per Diem (lodging and MI & E expenses) shall be paid at the current Government rates in accordance with the Federal Travel Regulation (FTR) per person per calendar day spent in travel status. No per diem will be paid for travel less than the number of hours per day stated in the current FTR. Per Diem rate information may be obtained at www.defensetravel.dod.mil. Actual cost of transportation by public conveyance (plane, limited to coach class) shall be paid. Air travel shall (if possible) be planned in advance in order to acquire the best prices available.
Privately owned vehicles shall be paid at the current Government mileage rate in accordance with the FTR. No fee or profit will be paid on travel.
9. CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE
The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.
MINIMUM
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
AMOUNT
2,500.00 $2,500.00 75,000,000.00 $75,000,000.00
10. DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE
The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.
MINIMUM
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
AMOUNT
2,500.00 $2,500.00 37,500,000.00 $37,500,000.00
CAUTION!
BEFORE SIGNING AND MAILING THIS PROPOSAL, please take note of the following:
1. ACCOUNTING SYSTEM ADEQUACY: Offerors must have an adequate accounting system to receive a cost-reimbursable task order. All offerors shall provide a recent adequacy determination from either (1) a Federal Government Cognizant Audit Agency or (2) any commercially recognized auditing or accounting firm stating that the offeror's accounting system is adequate. The determination should include a completed Standard Form 1408 "Pre-Award Survey of Prospective Contractor Accounting System" signed in Blocks 3 and 4. To be considered recent, the determination should be no older than 01 June 2013. The offeror must also confirm that the accounting system has not changed since the issuance of the determination.
2. AMENDMENTS: Have you acknowledged receipt of ALL Amendments? If in doubt as to number of amendments issued, please contact our office.
3. HAND-DELIVERED PROPOSALS: If proposals are hand-delivered, you must be aware of enhanced security requirements in effect in the Federal Building and allow for extra time to clear security. You must have a valid picture ID in order to enter the building. No additional time will be allowed due to security requirements.
Section C - Descriptions and Specifications
SECTION C
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 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 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.
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.
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 “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
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
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…
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