W912GB-16-R-0006.pdf

CODE

(Hour)

PAGE(S)

until 01:00 PM local t ime 09 Dec 2015

A X B X C

D

EX

X G F 77 - 83

84 - 102 X H 103 ian.r.mcclary@usace.army .mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

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

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

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

1 113

(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.

W912GB 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 0 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

ONLINE

conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

IAN R MCCLARY +49(0)6119744

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 2 3 - 9

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

10 - 41 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

43 - 45 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 46 - 57 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 - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

58 - 74

PART II - CO NTRACT CLAUSES

CONTRACTING DIVISION

US ARMY CORPS OF ENGINEERS

KONRAD ADENAUER RING 39

D-65187 WIESBADEN GERMANY

WIESBADEN 65187

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

75 - 76

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

09 Nov 2015

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W912GB-16-R-0006

Section SF 30 - BLOCK 14 CONTINUATION PAGE

SOLICITATION INFORMATION

SOLICITATION INFORMATION

CHANGED FROM W912GB-15-R-0030 TO W912GB-16-R-0006,

MULTIPLE AWARD REMEDIATION CONTRACTS (MARCs):

Romania, Georgia, Ukraine, Hungary, Bulgaria, Czech Republic, Slovenia, Estonia, Lithuania, Latvia, Turkey, Kosovo, Moldova, Bosnia-Herzogovenia, and Serbia

DESCRIPTION: United States Army Corps of Engineers, Europe District (NAU) has a requirement to provide Environmental Remediation and Contamination Mitigation services throughout Romania, Georgia, Ukraine, Hungary, Bulgaria, Czech Republic, Slovenia, Estonia, Lithuania, Latvia, Turkey, Kosovo, Moldova, Bosnia-Herzogovenia, and Serbia

POINTS OF CONTACT:

• CONTRACTING OFFICER: DELOS “CHRIS” HALTERMAN

• EMAIL: DELOS.C.HALTERMAN@USACE.ARMY.MIL

• CONTRACT SPECIALIST: IAN MCCLARY

• EMAIL: IAN.R.MCCLARY@USACE.ARMY.MIL

REQUESTS FOR INFORMATION ARE DUE NO LATER THAN 15 DAYS AFTER

SOLICITATION ISSUANCE AND SHALL BE DIRECTED TO THE ABOVE INDIVIDUALS AND

CENAU.PROPOSAL@USACE.ARMY.MIL.

SUBJECT LINES MUST REFERENCE THE SOLICITATION NUMBER (W912GB-16-R-0006).

NO TELEPHONE CALLS WILL BE ACCEPTED.

mailto:DELOS.C.HALTERMAN@USACE.ARMY.MIL mailto:IAN.R.MCCLARY@USACE.ARMY.MIL mailto:CENAU.PROPOSAL@USACE.ARMY.MIL

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 9,900,000 Job MARC IDIQ Base Year

FFP

The contractor shall provide all labor, supervision, administration, transportation, supplies, vehicles, tools, materials, facilities, equipment, and incidentals necessary to fully execute required environmental remediation and contaminant mitigation services for a variety of media including but not limited to groundwater, soil, surface water, drinking water, air, and buildings, techniques for remediation and mitigation also vary; they include but are not limited to in-situ methods; ex-situ methods; removal; natural attenuation; physical, chemical, or biological processes; or any combination thereof. The specific requirements are site and contaminant dependent; they are defined during site investigations site assessments, remedial investigations, feasibility studies, and/or scoping and may require prompt action due to mission, legal, environmental, or health protection issues.

LOCATIONS: Romania, Georgia, Ukraine, Hungary, Bulgaria, Czech Republic, Slovenia, Estonia, Lithuania, Latvia, Turkey, Kosovo, Moldova, Bosnia- Herzogovenia, and Serbia FOB: Destination

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 1 Report Contractor Manpower Reporting

FFP

The contractor is required to report all contractor manpower (including subcontractor manpower) required for the performance of this contract. The contractor is required to completely fill in all the required fields in the reporting system using the following web address: https://cmra.army.mil/. The requiring activity will assist the contractor with the reporting requirement as necessary. The contractor may enter reports at any time during the reporting period, which is defined as the period of performance, not to exceed 12 months, ending 30 September of each Government fiscal year. Reporting must be completed no later than 31 October for every year or part of a year for which the contract is in place.

Failure to comply with this reporting requirement will result in contract termination.

UNIT UNIT PRICE MAX AMOUNT

1001 UNDEFINED

OPTION MARC IDIQ Op Yr 1

FFP

The contractor shall provide all labor, supervision, administration, transportation, supplies, vehicles, tools, materials, facilities, equipment, and incidentals necessary to fully execute required environmental remediation and contaminant mitigation services for a variety of media including but not limited to groundwater, soil, surface water, drinking water, air, and buildings, techniques for remediation and mitigation also vary; they include but are not limited to in-situ methods; ex-situ methods; removal; natural attenuation; physical, chemical, or biological processes; or any combination thereof. The specific requirements are site and contaminant dependent; they are defined during site investigations site assessments, remedial investigations, feasibility studies, and/or scoping and may require prompt action due to mission, legal, environmental, or health protection issues.

LOCATIONS: Romania, Georgia, Ukraine, Hungary, Bulgaria, Czech Republic, Slovenia, Estonia, Lithuania, Latvia, Turkey, Kosovo, Moldova, Bosnia-

UNIT UNIT PRICE MAX AMOUNT

1002 1 Report OPTION Contractor Manpower Reporting Op Yr 1

FFP

The contractor is required to report all contractor manpower (including subcontractor manpower) required for the performance of this contract. The contractor is required to completely fill in all the required fields in the reporting system using the following web address: https://cmra.army.mil/. The requiring activity will assist the contractor with the reporting requirement as necessary. The contractor may enter reports at any time during the reporting period, which is defined as the period of performance, not to exceed 12 months, ending 30 September of each Government fiscal year. Reporting must be completed no later than 31 October for every year or part of a year for which the contract is in place.

Failure to comply with this reporting requirement will result in contract

UNIT UNIT PRICE MAX AMOUNT

2001 UNDEFINED

OPTION MARC IDIQ Op Yr 2

FFP

The contractor shall provide all labor, supervision, administration, transportation, supplies, vehicles, tools, materials, facilities, equipment, and incidentals necessary to fully execute required environmental remediation and contaminant mitigation services for a variety of media including but not limited to groundwater, soil, surface water, drinking water, air, and buildings, techniques for remediation and mitigation also vary; they include but are not limited to in-situ methods; ex-situ methods; removal; natural attenuation; physical, chemical, or biological processes; or any combination thereof. The specific requirements are site and contaminant dependent; they are defined during site investigations site assessments, remedial investigations, feasibility studies, and/or scoping and may require prompt action due to mission, legal, environmental, or health protection issues.

LOCATIONS: Romania, Georgia, Ukraine, Hungary, Bulgaria, Czech Republic, Slovenia, Estonia, Lithuania, Latvia, Turkey, Kosovo, Moldova, Bosnia-

UNIT UNIT PRICE MAX AMOUNT

2002 1 Report OPTION Contractor Manpower Reporting Op Yr 2

FFP

The contractor is required to report all contractor manpower (including subcontractor manpower) required for the performance of this contract. The contractor is required to completely fill in all the required fields in the reporting system using the following web address: https://cmra.army.mil/. The requiring activity will assist the contractor with the reporting requirement as necessary. The contractor may enter reports at any time during the reporting period, which is defined as the period of performance, not to exceed 12 months, ending 30 September of each Government fiscal year. Reporting must be completed no later than 31 October for every year or part of a year for which the contract is in place.

Failure to comply with this reporting requirement will result in contract

UNIT UNIT PRICE MAX AMOUNT

2003 1 Job OPTION MARC IDIQ Option Year 2.5

FFP

n accordance with FAR 52.217-8, Option to Extend Services, The Government may require continued performance of any services within the limits and at the rates specified in the contract. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months.

The Contracting Officer may exercise the option by written notice to the Contractor before contract expiration (including any exercised option periods).

This optional period will be exercised using the escalation rate established for Option Period 2.

PRICING SCHEDULE

PLEASE SEE:

ATTACHMENT 3: PRICING SCHEDULE

FOR THE PRICING SCHEDULE TO BE SUBMITTED FOR

EVALUATION FACTOR 4: PRICE

Section C - Descriptions and Specifications

IDIQ DESCRIPTION

DESCRIPTION AND SPECIFICATIONS

1.0 GENERAL INFORMATION

a. PERFORMANCE PERIOD: A base period of twelve (12) months from date of award and two (2) one-year option periods.

b. MAXIMUM CONTRACT VALUE: This contract shall not exceed a shared

MATOC capacity of $9,900,000.

c. CONTRACT CAPACITY: This contract shall not exceed $9,900,000 or 3 years and 6 months, whichever comes first.

d. TASK ORDER LIMITATIONS: The minimum task order amount is $5,000 and the Maximum Task Order is limited to $4,000,000 (4 million).

e. PAYMENTS: Task Orders may be issued in EUROS (EU).

f. BANK LETTER OF GUARANTEE: Bank Letters of Guarantee may be required at the task order level for performance of any incidental construction.

2.0 PURPOSE AND SCOPE: The purpose of this Europe District (NAU) Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC) is to provide These contracts will include FFP features for a wide range of environmental remediation services at various known or suspected contaminated sites. It will also be used to perform other contamination mitigation actions including excavation and/or removal of contaminated soil.

3.0 GEOGRAPHICAL LOCATION: The awarded contracts shall be in the following geographic locations: Germany, Romania, Georgia, Ukraine, Hungary, Bulgaria, Czech Republic, Slovenia, Estonia, Lithuania, Latvia, Turkey, Kosovo, Moldova, Bosnia- Herzogovenia, and Serbia.

4.0 PLANS AND SPECIFICATIONS: If required, the Government will provide the Contractor one (1) copy of the drawings and Performance Work Statements (with pertinent supplemental specifications) upon issuance of each Task Order. The Government will provide the data as hard copy or as electronic media, such as e-mail or CD ROM. All further reproduction shall be at the Contractors expense.

SUPPLEMENTAL IDIQ CONTRACT CONDITIONS

A. INDEFINITE-DELIVERY, INDEFINITE-QUANTITY (IDIQ), MULTIPLE AWARD

TASK ORDER CONTRACT (MATOC) LIMITATIONS:

1. The Government intends to award two but not more than eight indefinite-delivery, indefinite-quantity (IDIQ) multiple-award task order contracts for this work. These contracts will be the result of this unrestricted solicitation. The total maximum shared capacity for the contract awarded from this solicitation, over the base and option periods, shall not exceed a shared total capacity of $9,900,000 ($9.9 million). The base and option periods do not have a specified maximum dollar amount. The maximum amount is based on the life of the contract.

2. The guaranteed minimum for each contract is $5,000 for the base and all option periods. The guaranteed minimum amount will be funded by the issuance of the first task order at the time of contract award.

3. Performance shall be authorized only by issuance of task orders by a Government Contracting Officer. The procedures are discussed below in the task order procedures paragraph. No work will be performed before a written and signed task order is issued. Task orders may be issued by the contracting officer via email or facsimile, with the hard copy of the task order to follow upon request from the Contractor (if a request is not submitted, no hard copy shall follow). The effective date of the task order, if either email or facsimile are used, is the date the Government sends the task order.

4. The maximum dollar limit per task order is $4 million. There is no limit on the number of task orders that may be issued. The Government may issue simultaneous task orders requiring performance at multiple locations.

5. Task orders issued will be firm-fixed-price (FFP).

6. In the event of any inconsistency between the contract and any task order, the terms and conditions of the contract shall control.

7. The Government reserves the right to exercise options to extend the term of the contract in accordance with Section I, Contract Clauses, FAR 52.217-8 and 52.217-9.

B. IDIQ CONTRACT PERIOD OF PERFORMANCE

Each indefinite-delivery, indefinite-quantity contract (IDIQ) has one base period of 12 months and two

(2) optional periods of 12 months each. The performance period shall begin upon contract award. The contract may not be extended beyond three years (except under the conditions of FAR 52.217-8);

however, the performance periods of the task orders (which must be issued within the contract's performance period) may extend beyond the three year period.

C. TASK ORDER PERIODS OF PERFORMANCE

Task orders must be issued within the performance period of the IDIQ contract (including any exercised optional periods); the performance period of the task order may extend beyond the IDIQ’s performance period. The Contractor shall complete all work described in the performance work statement for each task order within the performance period of each task order.

D. CORPS OF ENGINEERS PUBLICATIONS

The Internet URL for Corps of Engineers publications is: http://www.publications.usace.army.mil/.

E. TASK ORDER CONTRACT AND DELIVERY ORDER CONTRACT OMBUDSMAN

The USACE Ombudsman is assigned to the USACE Office of the PARC, at the following address:

U.S. Army Corps of Engineers, Directorate of Contracting Attention: CECT-ATL (USACE Atlanta Ombudsman) Room 10M35 60 Forsyth Street S.W.

Atlanta, Georgia 30303-8801 http://www.publications.usace.army.mil/

F. SAFETY AND HEALTH REQUIREMENTS MANUAL

The contractor shall comply with all provisions of the U.S. Army Engineers Safety and Health Requirements Manual, EM 385-1-1. The Internet URL for EM 385-1-1, entitled “Safety and Health Requirements Manual” is:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

Whenever the Contractor becomes aware of any noncompliance with these safety and health requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the Contractor shall notify the Contracting Officer Representative (COR) or Contracting Officer; and shall immediately initiate corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to an equitable adjustment of the contract price or extension of the performance schedule based on any stop work order issued under this authority.

G. PAYMENT AND INVOICING

Payment and invoicing procedures will be provided at the task order level.

H. EVALUATION OF CONTRACTOR PERFORMANCE

In accordance with FAR 42.1502, the Contractors performance shall be evaluated upon completion of each Task Order that meet the criteria established in DFARS 242.1502. Evaluations may be performed on all Task Orders, regardless of the dollar amount. Interim evaluations may be prepared at any time during performance when determined to be in the best interest of the Government.

I. BANK LETTER OF GUARANTEE

The Government may request Bank Letters of Guarantee for individual task orders which include construction services in excess of $30,000. The Contractor shall submit Bank Letters of Guarantee for 10% of the anticipated task order when requested by the Government. Task Orders involving service work shall not require Bank Letters of Guarantee. The Government may provide Bank Letter of Guarantee sample wording at the task order level.

J. TASK ORDER ORDERING INFORMATION AND PROCEDURES (FAR 16.505(A))

1. Each Task Order issued against this contract shall specify the quantities and tasks necessary to perform work for that Task Order. Task Orders will be issued on DD Form 1155. Orders may be placed via mail, telephone, facsimile or electronic commerce. The Task Order becomes binding when the Contracting Officer signs the Order. No separate payment will be made for the work covered under this section and all components will be included in the applicable contract price to which the work pertains.

2. TASK ORDER REQUEST FOR PROPOSALS

2.1 When the Government has a requirement, a Request for Proposal (RFP) will be issued. The RFP shall include information concerning the Performance Work Statement, guide specifications, drawings, attachments, information pertaining to a site visit, evaluation criteria, and any other requirements for submissions. .

2.2 Depending upon the requirements of each task order, the Contractor will provide one of the following in response to an RFP: (a) lump sum price, (b) a price for each line item in the Schedule or (c) technical proposal in one package and the price proposal in a separate package.

2.3 Contractors shall respond by the deadline stated in the RFP by submitting a proposal to the Contracting Officer in accordance with requirements stated in the RFP.

2.4 Proposals will either be evaluated in accordance with the evaluation criteria specified in the Request for Proposal and accepted as is or negotiated to the mutual agreement of both the http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

Government and a Contractor. Upon conclusion of satisfactory discussions or negotiations (if required), a Task Order will be issued by the Contracting Officer reflecting the negotiated order price. In any instance where there is failure to reach agreement on price, the Government reserves the right to withdraw the project and have it completed by other means.

3. EVALUATION METHOD AND PROCEDURES OF RFPs

3.1 When an RFP for a Task Order is issued, the Government intends to select the most advantageous and responsible proposal resulting in the Best Value to the Government, price and other factors considered. It is anticipated that the majority of the Task Orders will be awarded based on competition, but the Government reserves the right to the award Task Orders as follows:

• Price only

• Best Value Tradeoff (FAR 15.101-1)

• Best Value Lowest Price Technically Acceptable (FAR 15.101-2)

• Sole Source (FAR 16.505(b)(2))

3.2 In accordance with FAR 16.505(b)(2) Exceptions to the Fair Opportunity Process, all MATOC

Contractors will be given a fair opportunity to propose on Task Orders over $3,000.00 unless one of the following exceptions apply:

a. The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays;

b. Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized;

c. The order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardess were given a fair opportunity to be considered for the original order; or

d. It is necessary to place an order to satisfy a minimum guarantee.

3.3 The Contracting Officer, in making decisions in award of any individual Task Order, will consider factors such as past performance on earlier Task Orders under MATOC, quality, timeliness, or other factors that the Contracting Officer determines to be relevant in awarding a particular Task Order. Award factors will vary depending on the unique requirements for each Task Order;

however, pricing will be a consideration.

3.4 When an RFP for a Task Order is issued with price as the only criteria, the low responsive Offeror will be awarded the Task Order. During the administration of this contract prices as part of Price Proposal(s) shall not exceed the IDIQ Base prices including the profit. The Government reserves the right to request back-up documentation to substantiate the Offeror’s Price Proposals.

3.5 When both technical and price are considered, award of a Task Order resulting from an RFP will be based on technical rating and price being considered. If the Government determines technical rating of greater importance to price or price to be of greater importance to technical rating or of equal importance to the technical rating, then the RFP will describe criteria to be utilized in evaluating the Task Order proposal.

3.6 The Government’s payment of individual Task Orders shall constitute full compensation to the Contractor for (1) Furnishing all plant, labor equipment, appliances, and materials; and (2) Performing all operations required to complete the work in conformity with the drawings, specifications and/or statement of work. The Contractor shall include in their proposal costs of all work required by drawings, specifications, and Performance Work Statement.

3.7 The requirement procedures for Defense Base Act (DBA) is located in the contract clause 52.000-

4133 – WORKERS COMPENSATION INSURANCE (DEFENSE BASE ACT) – COUNTRIES

WITH WAIVERS (JANUARY 2014).

4. TASK ORDER AWARD

4.1 Whenever possible, award will be made without discussions. If discussions are held each MATOC

Contractor may be request to provide a final proposal revision. Task Order award will be made based on the basis for award as described in the Request for Proposal. The Government will notify Contractors when any Task Order (competed or otherwise awarded) is awarded under the MATOC procedures.

4.2 Task Orders will be issued on DD Form 1155. Orders may be placed via mail, telephone, facsimile or electronic commerce. The Task Order becomes binding when the Contracting Officer signs the Order.

4.3 In accordance with FAR 16.505(a)(7), no protest under Subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under a Task Order Contract except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract.

4.4 In accordance with FAR Part 16.505(b)(6), the Head of the Contracting Activity is required to appoint a task and delivery order ombudsman. If the Contractor believes it was not fairly considered for a particular Task Order, the Contractor may present the matter to the Contracting Officer. The Contractor may appeal the explanation or decision of the Contracting Officer to the USACE Ombudsman.

4.5 The ombudsman shall have the authority to:

a. Review complaints from contractors awarded multiple award contracts that they have not been afforded a fair opportunity to be considered for award of a particular task order.

b. After coordination with the Contracting Officer, and if he/she agrees with the Contractor, require that a Contracting Officer take corrective action regarding the complaint.

4.6 Debriefs are authorized for task orders over $5,000,000 in accordance with FAR Part 16.505.

K. TRAVEL

Travel necessary for the performance of this contract will be reimbursed in accordance with (IAW) Section C - Specification/Work Statement and Section B, Supplies or Services and Prices, FAR 31.205-46 and the Joint Travel Regulations (JTR). Per Diem will not exceed rates authorized by the JTR in effect at the time the expense is incurring.

L. NOT TO EXCEED FIRM FIXED PRICE TASKS

These task orders shall establish an estimate of total cost for the purpose of obligating funds and establishing a Not to Exceed ceiling that the contractor may not exceed (except at its own risk) without the approval of the contracting officer.

M. SINGLE OR MULTIPLE AWARDS

In accordance with FAR 52.216-27, it is the intent of the Government to award at least two (2) Multiple Award Task Order Contracts (MATOCs) from this solicitation but the Government also reserves the right to award a Single Award Task Order Contract (SATOC).

STATEMENT OF WORK

SECTION C

DESCRIPTION /SPECIFICATIONS/WORK STATEMENT ENVIRONMENTAL REMEDIATION AND

CONTAMINANT MITIGATION SERVICES

TABLE OF CONTENTS

ACRONYMS

C.1.0 GENERAL

C.1.1 General Information C.1.2 Guarantee C.1.3 Location C.1.4 Scope of Remediation, Contamination Mitigation Measure C.1.5 Conduct of Work C.1.6 Performance Based Contract Task Orders C.1.7 Task Order Limitations C.1.7.1 Use of Subcontractors or Consultants C.1.7.2 Task Order Solicitation Requirements C.1.8 Contractor Manpower Reporting

C.2.0 TASK ORDERS

C.2.1 Task Order Types C.2.1.1 Prescriptive Task Orders C.2.1.2 Performance-Based Task Orders C.2.1.2.1 Performance Work Statement (PWS) C.2.1.2.2 Project Management Plan (PMP) C.2.1.2.3 Project Schedule C.2.1.2.4 Quality Assurance Surveillance Plan C.2.1.2.5 Milestone Presentations C.2.1.2.6 Payment Milestones and Army Acceptance C.2.2 Task Order Work Efforts C.2.2.1 Work Plans C.2.2.2 Investigation and Field Studies C.2.2.3 Engineering Support and Remedial Design C.2.2.4 Remedial Actions and Removals C.2.2.5 Remediation Operations and Maintenance C.2.2.6 Monitoring

C.3.0 TASK ORDEREXECUTION

C.3.1 Request for Proposal C.3.2 Task Order SOW/PWS C.3.3 Task Order Requirements C.3.4 Contract Deliverables C.3.5 Final Acceptance

C.4.0 GENERAL REQUIREMENTS

C.4.1 Point of Contact C.4.2 Public Disclosures C.4.3 Laws and Regulations C.4.4 Services and Materials C.4.5 Submissions C.4.6 U.S. Government Furnished Equipment, Materials and Personnel C.4.7 Passes/Identifications C.4.8 Contractor Quality Control C.4.9 Quality Management/Quality Assurance C.4.10 Health and Safety Plan (HASP) C.4.11 Management Plan C.4.12 Cooperation with Other Contractors C.4.13 Ammunition

C.4.14 Antiterrorism/Operations Security Conditions C.4.15 Special Conditions

C.5.0 PERSONNEL

C.5.1 Key Personnel C.5.2 Other Personnel

C.6.0 LINE ITEMS

ACRONYMS

AECS Army Environmental Cleanup Strategy BTEX Benzene-Toluene-Ethylbenzene- Xylene CADD Computer Aided Design Drafting CC Compliance Cleanup CD Compact Disk CENAU U.S. Army Corps of Engineers, Europe District CHC Chlorinated Hydrocarbons CHWM Certified Hazardous Waste Management CIH Certified Industrial Hygienist ITEM Contract Line Item CMS Corrective Measures Study COR Contractor Officer Representative CQC Contractor Quality Control Plan DOD Department of Defense DODI Department of Defense Instruction EOD Explosive Ordnance Disposal FFP Firm Fixed Price FSC Federal Service Code GIS Geographic Information System GPS Geographic Positioning System HASP Health and Safety Plan HN Host Nation HTRW Hazardous, Toxic, Radioactive Waste IAP Installation Action Plan IDIQ Indefinite Delivery/Indefinite Quantity KO Contracting Officer LTM Long Term Management MARC Multiple Award Remediation Contract O&M Operation and Maintenance PAH Polynuclear Aromatic Hydrocarbons PBA Performance Based Acquisition PBC Performance Based Contracting PFT Perfluoriated Tensides PM Project Manager PMP Project Management Plan POC Point of Contact PWS Performance Work Statement QA Quality Assurance QASP Quality Assurance Surveillance Plan QCS Quality Control Supervisor RAO Remedial Action Objective RC Remediation Complete RFP Request for Proposal

RI/FS Remedial Investigation/Feasibility Study RIP Remediation In Place SC Site Closure SEE Senior Environmental Engineer SHO Safety and Health Officer SI Site Inspection SOO Statement of Objectives SOW Scope of Work SVOC Semi-Volatile Organic Compound TO Task Order UIC Unit Identification Code USAEC U.S. Army Environmental Center USAG U.S. Army Garrison USARE U.S. Army Europe UTM Universal Transverse Mercator UXO Unexploded Ordnance VOC Volatile Organic Compound WP Work Plan XML Extensible Markup Language

C.l GENERAL C.1.1 General Information - The objective of the contract is to provide Firm Fixed Priced (FFP), Indefinite Delivery, Indefinite Quantity (IDIQ), Multiple Award Remediation Contracts (MARCs) for Environmental Remediation and Contaminant Mitigation Services in support of the U.S. Army Corps of Engineers, Europe District (CENAU) Environmental Branch. They would provide environmental support to CENAU's current and potential clients. Generally, work will be performed where U.S. Army Europe (USAREUR) installations are located.

However, this could be extended to areas covered by other Department of Defense agencies and/or other U.S.

Government agencies or partners. These contracts will include FFP features for a wide range of environmental remediation services at various known or suspected contaminated sites. It will also be used to perform other contamination mitigation actions including excavation and/or removal of contaminated soil. Work may be executed under a prescriptive, task by task Statement of Work (SOW) or under a Performance-Based Acquisition (PBA) Task Order (TO) using Performance Work Statements (PWSs). Furthermore, our primary customer, U.S. Army Environmental Center (USAEC), requires a comprehensive environmental remediation services contract to support the Army Environmental Cleanup Strategy (AECS) in Europe. The Compliance Cleanup (CC) Program implements the AECS pursuant to DOD Instruction 4715.08, Remediation of Environmental Contamination Outside the United States. A key metric for the CC Program is to maximize the number of sites achieving ‘response complete’ by September 2018 and 2021. Response complete is a distinct milestone reached when the selected remedy has achieved remedial action objectives specified in an Army approved Decision Document.

Many of the USAEC efforts will be through PBAs.

C.1.2 Guarantee - The awarded contracts shall have a total guarantee minimum amount of $5,000 for the base period. There are no minimum guarantees for option years that are exercised by the Government. The guaranteed minimum may be met with the obligation of a TO meeting or exceeding the guarantee amount and shall be de-obligated when the obligation occurs.

C.1.3 Location – The awarded contracts shall be for the geographic locations: Romania, Georgia, Ukraine, Hungary, Bulgaria, Czech Republic, Slovenia, Estonia, Lithuania, Latvia, Turkey, Kosovo, Moldova, Bosnia- Herzogovenia, and Serbia.

C.1.4 Scope of Remediation and Contamination Mitigation Measures - Contractors will be responsible for fully executing required environmental remediation and contaminant mitigation services for a variety of media including but not limited to groundwater, soil, surface water, drinking water, air, and buildings, techniques for remediation and mitigation also vary; they include but are not limited to in-situ methods; ex-situ methods; removal; natural attenuation; physical, chemical, or biological processes; or any combination thereof. The specific requirements are site and contaminant dependent; they are defined during site investigations site assessments, remedial investigations, feasibility studies, and/or scoping and may require prompt action due to mission, legal, environmental, or health protection issues.

Work that might be tasked under this contract includes, but is not limited to, the following (for a more detailed list of efforts see Section C.2.2:

Surveys, assessments and plans:

• Performing environmental assessments to include sampling and/or testing of any media (including geotechnical testing);

• Consulting services such as providing recommendations and reporting remediation results;

Studies and Reports:

• Corrective Measures Study (CMS) and Remedial Investigation /Feasibility Study (RI/FS);

• Related efforts to include: risk assessments, pilot tests, fate and transport analyses, groundwater modeling or other techniques;

• Studies related to contamination mitigation requirements such as radon, asbestos, etc.

In situ/ex situ cleanup:

• Monitoring by sampling groundwater, surface water, sediment, soil, and/or air;

• Installing and/or operating equipment for standard and/or state of the art remediation systems. To include enhancing or continuing pilot tests of existing systems;

• Removing and/or disposing of contaminated media (contamination mitigation);

Other Mitigation and Environmental Services

• Emergency Spill Response and Assessment of spill areas;

• Protecting/repairing eroded (or potentially eroding) areas;

• Conducting topographic surveys and other elevation and location measurements;

• Removing/Mitigating asbestos, lead and radon;

• Non-hazardous, toxic, chemical, and radioactive environmental projects;

• Conducting site surveys and evaluations of Unexploded Ordinance (UXO);

C.1.5 Conduct of Work - The Contractor, the Contractor's subcontractors and the Contractor's suppliers shall perform all work while respecting Host Nation (HN) and U.S. environmental laws, DODI 4715.08 (for remediation efforts), and in compliance with an approved management plan. The Contractor shall be responsible for acquiring the latest version of applicable laws, regulations and regulatory agency guidance and the referenced documents cited within this solicitation and/or subsequent TOs issued after award of the Contract, unless otherwise specified.

C.1.6 Performance Based Contract Task Orders- Work will generally fall under task orders using performance Work Statements (PWSs). A performance work statement structures all aspects of an acquisition around the purpose of the work to be performed and does not dictate how the work is to be accomplished. It is written to ensure that contractors are given the freedom to determine how to meet the Government's performance objectives and provides for payment only when the results meet or exceed these objectives. It maximizes contractor control of work processes and allows for innovation in approaching various work requirements. Performance based SOWs emphasize performance that can be contractually defined so that the results of the contractor's effort can be measured in terms of technical and quality achievement, schedule progress, or cost performance. Performance based statements use incentives and penalties where appropriate, which correspond to the performance standards set forth in the contract.

The description of work stated herein provides a general understanding of the Contractor functions to be performed;

individual task orders will contain the specific performance based requirements and the evaluation criteria. The evaluation criteria will be identified in each task order as lowest cost or best value. Technical requirements described herein in no way limit the activities that may be required under the terms of this contract. Exclusive of the program management functions, the Contractor may utilize subcontractors or consultants identified in the accepted proposal or subsequently approved by the USACE Contracting Officer to perform any of the functions required within the specific task orders.

Task orders issued under this Contract will be Firm-Fixed Price.

The Contractor shall be responsible for acquiring and following the latest version of applicable regulatory or agency guidance unless otherwise specified.

Specific objectives, milestones, and pricing information under this contract will be included in each task order. The

Government will require some level of detail to properly analyze the pricing on a task order by task order basis so that the Contracting Officer can document that the price is fair and reasonable. The level of detail may vary depending on the level of complexity of the project. In all cases, the Government will request the Contractor provide a cost breakdown, which specifies the proposed mix of labor resources, travel costs, other direct costs, with the underlying assumptions to support those costs and their technical approach.

C.1.7 Task Order Limitations - Project specific TOs will be issued under the basic contract and ordering period.

C.1.7.1 Use of Subcontractors or Consultants - Exclusive of the program management functions, the Contractor may utilize subcontractors or consultants identified in the accepted proposal or subsequently approved by the Contracting Officer (KO) to perform any of the functions required within the specific TO.

C.1.7.2 Task Order Solicitation Requirements - Specific objectives, milestones, and pricing information under this contract will be included in each TO. The Government will require some level of detail to properly analyze the pricing on a TO so that the Contracting Officer (KO) can document that the price is fair and reasonable. The level of detail may vary depending on the level of complexity of the project. In all cases, the Government will request the Contractor provide a cost breakdown.

C.1.8 Contractor Manpower Reporting Requirement - The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the Contractor will report ALL Contractor manpower (including subcontractor manpower) required for performance of this contract.

The Contractor is required to completely fill in all the information in the format using the following web address https://cmra.army.mil. A separate Contract Line Item Number, is provided to enable the Army to track costs. The required information includes: (1) Contracting Office, KO, COR; (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor name, address, phone number, email address, identity of contractor employee entering data; (5) Estimated direct labor hours (including sub-contractors); (6) Estimated direct labor dollars paid this reporting period (including subcontractors); (7) Total payments (including subcontractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by Contractor (and separate predominant FSC for each subcontractor if different); (9) Estimated data collection cost;

(10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the Contractor with its UIC for the purposes of reporting this information); (11) Locations where Contractor and subcontractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language; and (13) Number of Contractor and subcontractor employees deployed in theater this reporting period (by country).

As part of its submission, the Contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period will be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by October 31 of each calendar year. Contractors may use a direct Extensible Markup Language (XML) data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a Contractor’s system to the secure web site without the need for separate data entries for each required data element at the web site. The specific formats for the XML direct transfer may be downloaded from the website.*

* NOTE: For in-theater contracts, the requesting Activities have the option of requiring more frequent reporting.

Information from the secure web site is considered to be proprietary in nature when the contract number and contractor identity are associated with the direct labor hours and direct labor dollars. At no time will any data be released to the public with the contractor name and contract number associated with the data. For internal Army analysis, the reports and queries from the database shall not contain proprietary data.

C.2 TASK ORDERS

Information provided by CENAU on any site will be dependent on the current status of the site. Each TO will define the requirements of the Contractor. The description of work stated herein provides a general understanding of the Contractor functions which may be performed.

C.2.1 Task Order Types - The two types of Task Orders under which work may be solicited are prescriptive or performance based. A description of each is given below with more detail provided on the latter as more effort and input from the Contractor is required under these actions https://cmra.army.m/

C.2.1.1 Prescriptive Task Orders - A Prescriptive TO SOW under this contract will include site or project specific information. Scopes will vary in detail but will provide an adequate description of the actual services required to allow suitable proposals from the Contractors. Typically the individual TO will provide the Contractor with the location, description of work, and schedule of execution. When applicable, the quantities of a particular item that is required will be stated. As attachments, the Government will provide, as necessary, a map showing the location of the required work, access route to that work, any drawing details which further clarify the work effort, and any additional applicable project background information.

C.2.1.2 Performance-Based Task Orders: (1) describe the requirements in terms of results required rather than methods of performing the work; (2) use measurable performance standards (e.g., terms of quality, timeliness, quantity); (3) specify procedures for deficient services; and (4) may include performance incentives/disincentives where appropriate. PBC methods are intended to ensure that required performance quality levels are achieved and that the Government’s total payment is commensurate with the quantity and quality of services received.

Performance-based task orders, with a tailored TO-specific Quality Assurance Surveillance Plan (QASP) typically will be issued against the TO.

C.2.1.2.1 Performance Work Statement (PWS). FAR 2.101 defines PWS as “a statement of work for performance-based acquisitions that describes the required results in clear, specific and objective terms with measurable outcomes” and Statements of Objectives (SOO) as a “Government-prepared document incorporated into the solicitation that states the overall performance objectives. It is used in solicitations when the Government intends to provide the maximum flexibility to each offeror to propose an innovative approach.” PBCs tend to require more engineering support than traditional prescriptive contracts. This is because PBCs specify what the final goal of a project is, but not how it is to be accomplished. Basically, the PWS and SOO describe the end result the Contractor is required to achieve on a specific project but do not tell them how to complete it, thus allowing for maximum flexibility for offerors to propose innovative approaches. PWSs emphasize performance that can be contractually defined so that the results of the Contractor's effort can be measured in terms of technical and quality achievement, schedule progress, or cost performance. Under a PWS, milestone payments occur only when the results meet or exceed the stated objectives. Simply meeting the Milestone/ Objective, (i.e., submittal of a document for review) is not the same as completion of the Milestone/Objective, (i.e., acceptance of the document by the approval authority).

Only upon the completion and acceptance will the Government pay for that Milestone/Objective. For a performance-based task order, the Contractor will be required to use its expertise and develop the methods to achieve the required end result.

A PWS for a task order will to every extent possible:

• Define desired results/outcomes.

• Define what level of performance is expected (and ensure it is meaningful and fair) and use performance standards and QASP.

• Provide all information known about the site(s) or where it can be located and accessed by the Contractor.

• Define incentives and disincentives.

• Define the measurement terms using clear and concise language avoiding vague or broad statements.

C.2.1.2.2 Project Management Plan (PMP): The Contractor may be required to develop and maintain a detailed PMP. The PMP, typically based on the schedule prepared as part of the Contractor’s proposal, shall specify the schedule, technical approach and activities required for the planning, execution, and completion of the performance objectives. As part of the PMP, the Contractor shall identify and implement a means for providing project status reports to the Contracting Officer Representative (COR). The PMP shall address the frequency and content of status reports. The first draft of the PMP shall be as stated in the TO and shall include a payment milestone schedule. Elements of this draft PMP shall be part of the Contractor’s submittal of the TO proposal. The draft PMP, proposed payment milestones, and subsequent revisions shall be subject to Government review and acceptance, through the COR. The final PMP typically shall be due within 30 calendar days of receipt of COR comments on the draft PMP. The Contractor shall update the PMP to reflect progress towards achievement of the performance objectives and delineate proposed actions to accomplish future project milestones.

C.2.1.2.3 Project Schedule: As part of the PMP, the Contractor shall develop and maintain an activity-based schedule that fully supports the technical approach and outlines activities and milestones defined at the appropriate detail level and logically sequenced to support and manage completion of the performance objectives in the PWS.

Additionally, the Contractor shall identify the due dates for all payable deliverables in the activity-based schedule. A payment plan shall be included with the schedule that may allow for payments to the Contractor based on successful completion of interim milestones proposed by the Contractor. Proposed payment milestones and subsequent revisions shall be subject to Government review and acceptance, through the COR. The Contractor shall appropriately code activities identified in the QASP within the project schedule to allow for Government planning of Quality Assurance (QA) inspections. The Government will make payments after verification of milestone completion in accordance with this schedule. The Contractor must complete all performance objectives within the allowable contract period of performance provided the Government has exercised all contract options.

C.2.1.2.4 Quality Assurance Surveillance Plan (QASP): Each TO shall have a QASP prepared which unless otherwise noted shall follow the QASP requirements for service contracts as set forth in FAR Subpart 37.6. The QASP details how and when the Government will survey, observe, test, sample, evaluate and document Contractor performance according to the PWS. The QASP focuses on the quality, timeliness, etc. of the performance outputs to be delivered by the Contractor and not the individual steps required or procedures used to provide the product or services.