Am-0001_FINAL.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

FY16 GRAFENWOEHR REMEMDIATION SERVICES, CLASS III YARD

(See Continued Pages)

1. CONTRACT ID CODE PAGE OF PAGES

J 1 38

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

16C. DATE SIGNED

BY 24-May-2016

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912GB-16-R-0015

X 9B. DATED (SEE ITEM 11)

21-Apr-2016

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

24-May-2016

CODE

CONTRACTING DIVISION

US ARMY CORPS OF ENGINEERS

KONRAD ADENAUER RING 39

D-65187 WIESBADEN GERMANY

WIESBADEN 65187

W912GB 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912GB-16-R-0015

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

1. CHANGES TO SOLICITATION. Attached hereto are new and revised pages to the solicitation. The revision mark “Am-0001” is shown on each new and revised page. Revisions are indicated in red font with line in left margin.

a. REVISED ITEMS:

- Performance Work Statement dated 23 May 2016.

- Section L

b. DELETED ITEMS:

None

c. NEW ITEMS:

- Reference Document: WWW Meeting Minutes

- Site Visit Attendees

2. The proposal closing date/time is extended to 31 May 2016, 1000 hrs Central European Summer Time.

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 23-May-2016 10:00 AM to 31-May-2016 10:00 AM.

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

PWS

PERFORMANCE WORK STATEMENT

Date: 21 April 2016 Rev1: 23 May 2016

1.0 Introduction and Background

This requirement is for environmental remediation services and investigations for the Compliance Cleanup (CC) Program at USAG Bavaria, located in Grafenwoehr/Vilseck, GERMANY.

Grafenwoehr Training Area as part of USAG Bavaria is one of the largest U.S. Army installations in Europe with a long military history. Due to extensive past, ongoing, and future construction efforts and a broad range of training activities, numerous contaminated sites caused by training units have been identified and need to be properly managed.

CCGF018 - Class III Yard

Between 1993 and 1996, exploratory and detailed environmental analyses were carried out on the Class III Yard, a tank farm on the U. S. Army Garrison Bavaria (Grafenwöhr). The environmental investigations disclosed considerable soil and groundwater contamination, primarily with aliphatic hydrocarbons (C5 to C9), TPH (C10 to C40), BTEX (benzene, toluene, ethyl benzene, xylene), alkyl benzenes, as well as polycyclic aromatic hydrocarbons (PAH). They are attributed to improper use of hazardous substances as well as leakages in the infrastructure (pipelines, separators). In 1999 a remediation system was installed as commissioned by the U. S. Army Garrison Bavaria, pursuant to an order from the Landratsamt, i.e. District Office in Neustadt/Waldnaab. The remediation system is located down-gradient of the Class III Yard and consists of pump and treat with air stripping and activated carbon adsorption. Down-gradient monitoring is in place to ensure the success of the remediation system.

Since that time the infrastructure defects have been repaired thus preventing any new source of hydrocarbon contamination.

Due to decreasing remediation success and high operating costs, the U.S. Army initiated a project with the objective to rethink the ongoing remediation fundamentally and to plan a technical and economic optimization.

In April 2012, the LGA Institut für Umweltgeologie und Altlasten GmbH took over the remediation and monitoring from the Environmental Resources Management GmbH (ERM). At that time LGA Institut für Umweltgeologie und Altlasten GmbH analysis of the remediation system found that only limited remediation success could be attained for the future and that the possibilities of repairing the system to increase success are extremely limited. Due to the continued high potential contaminant content at the Class III Yard further studies were necessary to develop a reliable technical solution. Remedial investigations in summer 2012 disclosed that the contamination is spread area-wide over the Class III Yard and that a source remediation by partial soil excavation – as favoured at the time by the WWA1 Weiden – is not possible due to the local conditions (utility routing, traffic ways, etc.). On 17 December 2012 the selected remediation measure was installation of a groundwater permeable adsorption wall. LGA currently owns the remediation system at the site.

2.0 Requirements

The Contractor shall be responsible for fully executing remediation services by conducting required environmental remediation services for which the United States Department of the Army (the “Army”) is statutorily responsible;

addressing any and all unforeseen environmental, explosive safety, scheduling, and regulatory issues; and, assuming contractual liability and responsibility for the achievement of the performance objectives for the Class III Yard at USAG Bavaria, located in Grafenwoehr, GERMANY identified in this Performance Work Statement (PWS), including the contaminant plume which extends offsite.

The contractor must possess all the required expertise, knowledge, equipment and tools required to meet or exceed the government’s objectives identified in this PWS in accordance with established industry standards. The Contractor must have the capability and experience to perform, or provide, investigative services required for hazardous substance and waste sites and munitions and explosives of concern (MEC).

Under this contract, the contractor will perform response actions for the sites listed above. During earthwork activities, the contractor shall be aware of existing UXO in the ground and shall follow the following guidelines:

The DoD revised the Ammunition and Explosives Safety Standards (DoD 6055.09-STD) (Feb 08) and this document must be adhered to in the investigation and remediation of sites with MEC. Specific requirements concerning explosives safety are further clarified in EP-385-1-95b, ER 385-1-95, EM 385-1-97, and EP 385-1-95a.

1 WWA = Wasserwirtschaftsamt, i.e. Waterboard

It is the Contractor's responsibility to comply with all applicable laws and regulations and to fulfill the performance objectives of this PWS in a manner that is consistent with any applicable orders or permits, all existing and future cleanup agreements or guidance for the Installation, and relevant DoD and Army policy, for the duration of the contract. All environmental services will comply with the CC Program as amended by the Host Nation requirements; the official Water Right Permits and with regulatory coordination, as appropriate, of the Waterboard Weiden (WWA), Bundeanstalt fuer Immobilien Angelegenheiten (BIMA – Federal Real Estate Agency), Landratsaemter Neustadt a. W (County Offices), Bayerisches Landesamt fuer Umwelt (Bayer. LfU- Bavarian State Office for Environment), Bezirksregierung der Oberpfalz (District Government of the Upper Palatinate), USAG Bavaria Environmental Divison, and the U.S. Army Environmental Command Northeast ESSD (Forward - Europe) & Midwest Environmental Services and Support Division.

The Contractor shall perform all necessary field activities to meet the overall objectives of this PWS.

3.0 Types of Services Required

In performing the work under this contract, the Contractor shall furnish all personnel, services, equipment, materials, facilities, and other requirements necessary for, or incidental to, the PWS set forth for a Firm Fixed Price contract herein. It is the Contractor's responsibility to comply with all applicable laws and regulations and to fulfill the performance objectives of this PWS in a manner that is consistent with any applicable orders or permits, all existing and future agreements or guidance for the Installation, and relevant DoD and Army for the duration of the contract.

The contractor must possess all the required expertise, knowledge, equipment and tools required to meet or exceed the government’s objectives identified in this PWS in accordance with established industry standards. The Contractor must have the capability and experience to perform, or provide investigative and restoration services required for hazardous substance and waste sites.

This PWS includes the following types of services:

Studies and Reports Remediation System Operation and Maintenance Remediation System Installation Sampling and Monitoring Host Nation Coordination Host Nation Approval Presentations and Meetings

This PWS includes the following tasks and deliverables:

Task 1: Project Management Plan (PMP) Task 2: Class III Yard Installation of Passive Remedy Task 3: Class III Yard Remedial Action Operation Task 4: Class III Yard Perfluorinated Chemicals (PFC) Monitoring and Sampling PlanReporting Task 5: Class III Yard PFC Report

4.0 Contract Type

This is a firm-fixed price contract. The period of performance on this contract is as follows:

One-year base period and four one-year options

5.0 Performance Objectives, Standards, and Assumptions

The Contractor shall be required to furnish all plant, labor, materials and equipment necessary to meet the performance objectives and standards identified in Table 1 below. Specific information including the current status of the remediation efforts for each objective can be found in the documents provided in Attachment A, Table 2.

Table 1: Performance Requirements Summary.

Performance Objective Performance Measure

Task 1: Approved Project Management Plan (PMP) Government approval through USACE

Task 2: Install the final passive remedy for Class III Yard groundwater. Final remedy is considered installed at such time that the HN approves that the existing pump and treat system can be turned off and prepared for future emergency failsafe conditions, i.e. standby mode.

Compliance with HN requirements and waterright permits.

Compliance with the Government provided remediation study and standards.

Government approval and Regulator concurrence (e.g., receipt of documentation confirming approval of Remediation Report or receipt of Instruction Manual).

HN approval to cease existing pump and treat measures.

Task 3: Perform all required Remedial Action Operation of remediation systems at the Class III Yard and Long Term Management.

Compliance with HN requirements and waterright permits

Compliance with the Government provided documents.

Government approval and Regulator concurrence.

Task 4: Develop a PFC monitoring and sampling plan/study using existing wells at the site by 30 September December 2016.

Compliance with HN requirements and waterright permits

Government approval and Regulator concurrence.

Task 5: Provide PFC Study Report Compliance with HN requirements and water-right permits

Government approval and Regulator concurrence.

Deliverables - Due Dates:

Project Management Plan (PMP) – Draft 30 Calendar Days After Award, Final 15 Calendar Days Upon Receipt of Government Feedback

Work Plan - Draft 30 Calendar Days After Award, Final 15 Calendar Days Upon Receipt of Government Feedback

Health and Safety Plan - Draft 30 Calendar Days After Award, Final 15 Calendar Days Upon Receipt of Government Feedback

Uniform Federal Policy (UFP) - Quality Assurance Project Plan (QAPP) - Draft 30 Calendar Days After Award, Final 15 Calendar Days Upon Receipt of Government Feedback

Kick off Meeting Minutes - Draft 15 Calendar Days After Meeting, Final 10 Calendar Days Upon Receipt of Government Feedback

Class III O&M Instruction Manual – Draft 45 Calendar Days Upon Receipt of HN Approval of Optimized System, Final 15 Calendar Days Upon Receipt of Government Feedback

PFC Study Plan – by 30 SEP DEC 2016, Final 15 Calendar Days Upon Receipt of Government Feedback

PFC Report - 45 Calendar Days Upon Completion of Field Work, Final 15 Calendar Days Upon Receipt of Government Feedback

6.0 Other Contract Considerations

The PBA approach requires careful coordination of project activities to ensure that all stakeholders are kept informed of the project status, existing or potential problems, and any changes required to prudently manage the project and meet the needs of the Installation's project stakeholders and decision-makers. The Contractor shall be responsible for the following project management activities:

6.1 Project Management Plan and Schedule

The Contractor will develop and maintain a detailed Project Management Plan (PMP). The PMP, based on the schedule prepared as part of the Contractor proposal, will specify the schedule, technical approach, and resources required for the planning, execution, and completion of the performance objectives. The first draft of the PMP will be due within thirty (30) calendar days of contract award. The draft PMP and subsequent revisions will be subject to Army review and approval through the Contracting Officer’s Representative (COR). The final PMP will be due within fifteen (15) calendar days of comments received from the COR. A payment milestone will be established for Army approval of the final PMP through the COR.

As part of the PMP, the Contractor will develop and maintain an activity-based schedule that fully supports the technical approach and outlines the due dates for all milestones and payable deliverables. A payment plan will be included with the schedule that allows for payments to the Contractor based on successful completion of interim milestones proposed by the Contractor. It is the Army’s intent to make all payments after verification of progress in accordance with this schedule. The Contractor will coordinate activities with the COR to ensure that the proposed project schedule does not conflict with other contractor activities on site, or interrupt Installation mission activities.

As part of the PMP, the Contractor will identify and implement a means for providing project status reports to the COR. The PMP will address the frequency and content of status reports.

6.2 Milestones

The Contractor may suggest revisions of the milestones below to be reflected in their PMP and provide for interim milestones. Interim milestones will only be accepted if they represent significant progress toward milestone completion, and completion of these interim steps can be measured and demonstrated. As noted, payments will be tied to the successful completion of major milestones listed below or an interim milestone plan approved by the USACE. To that end, all proposed interim milestones should be associated with easily demonstrated metrics tied to performance measurements (e.g., resolution of comments on a draft, acceptance of a final report, or acceptance of a data submittal or meeting minutes). All milestones must have a defined means for demonstrating completion in order to facilitate certification and approval (see Section 8.3, Certification and Approval of Project Milestones and Deliverables).

Major Milestones

Approval of the Project Management Plan Work Plan, QA/QC-Plan, Health and Safety Plan (HASP) IACC BGR 128 Waste Disposal/Minimization

Plan Uniform Federal Policy - Quality Assurance Project Plan Risk Assessment Remediation Implementation Operation and Maintenance of Existing System Safety and Health Coordination Host Nation Coordination

6.3 Environmental Requirements

The Contractor will identify: applicable Federal, State and Host Nation rules, laws, and regulations; applicable Installation-specific orders, agreements, or rules; as well as USACE, Army and DOD requirements, such as those established by the HN authorities; and perform its work in accordance with said authorities. The Contractor will ensure that all activities performed by its personnel, subcontractors and suppliers are executed in accordance with said authorities. Any incident of noncompliance noted by the Contractor will immediately be brought to the attention of the COR and Installation telephonically and then by written notice. Nothing in this contract will relieve the Contractor of its responsibility to comply with applicable laws and regulations. The Contractor will obtain all approvals and permits, necessary to accomplish the work. The Contractor will obtain installation access with the assistance of the Installation point of contact (POC) prior to any work and coordinate all work with that POC prior to initiation. Contractors are required to perform their own utility checks. The Contractor will comply with all Installation or site-specific time and procedural requirements (federal, state, and HN) described in the approvals obtained. The USACE and USAG Bavaria technical experts will also independently review Contractor work to ensure compliance with all applicable requirements. U.S. Government POCs for this contract are listed in Attachment B.

The Contractor shall review and fully understand "EO 13693 Planning for Federal Sustainability in the Next Decade,” in particular those requirements pertaining to environmental management system (EMS). The Contractor shall also be required to review and adhere to the installation's environmental management system, including the environmental policy and significant aspects / impacts.

The Contractor shall consider and implement green response/remediation strategies and applications to maximize sustainability, reduce energy and water usage, promote carbon neutrality, promote industrial materials reuse and recycling, and protect and preserve land resources, consistent with DOD’s Policy on Consideration of Green and Sustainable Remediation Practices in the Defense Environmental Restoration Program. The contractor shall present green remediation options and approaches in its work plans, maintain records of “green-related” activities, and report this information to the COR in its project status reports.

6.4 UXO/MEC Related Guidance

Unexploded Ordnance (UXO) or Munitions and Explosives of Concern (MEC) related guidance includes, but may not be limited to, the following:

MEC includes: UXO, as defined in 10 U.S.C. 101(e)(5); DMM, as defined in 10 U.S.C. 2710(e)(2); or Munitions Constituents (MC), as defined in 10 U.S.C. 2710(e)(3), present in high enough concentrations to pose an explosive hazard. MEC distinguishes specific categories of military munitions that may pose unique explosives safety risks.

The Contractor will comply with all Installation or site-specific time and procedural requirements (federal, state, and local) described in the approvals obtained.

UXO qualified personnel will be responsible for determining the explosive safety status of any material recovered that may pose an explosive hazard (i.e., material potentially presenting an explosive hazard (MPPEH)). Should MEC be encountered during this response, UXO-qualified personnel will evaluate the explosive hazard and respond per applicable German, DOD, U.S. Army, and U.S. Army Corps of Engineers (USACE) standards including but not limited to ER 385-1-95, DoD 6055.09-M, DA PAM 385-64, EM 385-1-97 and EP 75-1-3.

6.5 Health and Safety Requirements

Prior to beginning any fieldwork, the Contractor shall implement a written Safety and Health Program compliant with federal, state, and local laws and regulations and approved by the COR. The Contractor shall ensure that its subcontractors, suppliers and support personnel comply with the approved Site Safety and Health Plan (SSHP). The USACE reserves the right to stop work under this contract for any violations of the SSHP at no additional cost to the USACE and USAG Bavaria. Once the USACE verifies through the COR that the violation has been corrected, the Contractor shall be able to continue work. As a minimum, the SSHP shall contain the following elements: site description and contaminant characterization, safety and health hazard(s) assessment and risk analysis, safety and health staff organization and responsibilities, site specific training and medical surveillance parameters, personal protective equipment (PPE) and decontamination facilities and procedures to be used, monitoring and sampling required, safety and health work precautions and procedures, site control measures, on-site first aid and emergency equipment, emergency response plans and contingency procedures (on-site and off-site), logs, reports, and record keeping. Training and medical screening per 29 CFR 1910.120(e) is required for the contract.

The contractor will propose a workweek schedule for project field work. The proposed schedule will be submitted to the KO for approval. The KO will seek the concurrence of the PDT and resolve any other comments before making the decision to accept or reject the schedule. If the schedule is rejected, the contractor will propose a new schedule and the same process will be repeated until an acceptable schedule is approved.

The Contractor must comply with USACE EM 385-1-1, part 01.D "Accident Reporting and Recordkeeping.

6.6 Quality Management

The Contractor must ensure that the quality of all work performed or produced under this contract meets USACE approval. Quality control/assurance plans must be prepared and approved by the USACE COR prior to performance of physical work.

Since the technical approach for this Contract (PBA) will be developed by the Contractor, the Contractor will also develop a strategy for USACE Quality Assurance (QA), to be submitted with the PMP. The QA strategy should highlight key quality control activities or events the COR will use to determine when Army (Contracting Officer (KO) or COR) inspections can be conducted to assess progress toward milestones. Activities identified in the QA strategy should be appropriately coded in the project schedule to allow for planning of QA inspections. These activities will be incorporated into the Quality Assurance Surveillance Plan (QASP) that will be developed and implemented by the COR.

The QASP will highlight key quality control activities or events that the COR will use to determine when USACE (COR ) inspections can be conducted to assess progress toward and/or completion of milestones. Activities identified in the QASP should be appropriately coded in the project schedule to allow for planning of QA inspections.

6.7 Quality Control

Quality Control shall be provided whenever sampling or analysis for chemical constituents is required in order to achieve milestones. Quality control for traditional soils or geotechnical testing shall also be included. All laboratories to be used by the Contractor must be accredited with the Host Nation. Effective October 1, 2009, laboratory (ies) to be used by the Contractor to perform testing in support of the DoD environmental restoration programs must be either accredited in accordance with and that do not hold an unexpired DoD Component (USACE) approval. need to be accredited in accordance with DoD Environmental Laboratory Accreditation Program (ELAP) or accredited in accordance with the International Organization for Standardization (ISO)/International Electrotechnical Commission (IEC) standard 17025& Host Nation Accreditation. Laboratories that have DoD Component approvals in place prior to this date will be subject to DoD ELAP requirements when those approvals expire or when additions or modifications to their scope of approval are required. The Contractor may establish an on-site testing laboratory at the project site if determined necessary by the Contractor. However, on-site testing shall meet all requirements of the most recently approved DoD Quality Systems Manual (QSM) and Host Nation Authorities.

Following contract award the Contractor shall develop and submit documentation of project-specific quality assurance (QA) and QC activities prepared in accordance with the Uniform Federal Policy for Quality Assurance Project Plans (UFP-QAPP). The Government will review and return the quality systems documentation, with comments, indicating acceptance or rejection. If necessary, the Contractor shall revise the documentation to address all comments and shall submit the revised documentation to the Government for acceptance. In addition, the Contractor shall develop and submit Quality Control Summary Reports to summarize the quality control details of the project. The problems and successes of the work done to control the quality of the chemical measuring activities and other chemically related cleanup activities shall be included in the summary reports.

6.8 Project Repository and Administrative Record

The Contractor shall update at least monthly a multimedia (i.e., both paper and electronic format) project repository of all project-related information to ensure that pertinent documentation and data are available for project reviews, and to provide a clear record of the PBA approach to support final decisions and remediation completion. This repository is the property of the Army and available to the Army upon request by the COR or KO.

"Project-related information" includes all previous environmental remediation documentation of a technical nature developed by the USACE and previous USAG Bavaria contractors for the sites specified in this PWS, and all the documentation developed by the Contractor in order to achieve the performance objectives specified in this PWS.

Documents generated prior to the PBA are not necessarily expected to be stored in electronic format; however, all documents generated by the Contractor shall be maintained in multi-media form.

The project repository and Administrative Record shall be updated by the Contractor, and made available to involved persons, for the duration of the contract. Final electronic document files must be in text-searchable PDF format and be accompanied by defined metadata for upload into the Army Repository of Environmental Documents (READ). The Army, through the COR, will provide the metadata field requirements for READ to the Contractor.

6.9 Environmental Database and AEDB-CC (Army Environmental Database Compliance-Related Cleanup)

The Contractor shall prepare cost estimates being used for Cost-to-Complete documentation in the AEDB-CC database. Once a site identified in this PWS has completed the remediation and survey (i.e., appropriate documentation is finalized), the Contractor shall be responsible for providing the COR with the data and documentation necessary for each site in the Army Environmental Database Compliance-Related Cleanup (AEDB- CC). In addition, the Contractor shall compatibly upload all generated analytical data into the USAG Bavaria EMO ACCESS datafile, which is linked to GIS (ArcGIS/ESRI currently Version 10.1, soon to be Version 10.3.1) The USAG Bavaria EMO, through the COR, will provide data specifications for AEDB-CC and ArcGIS/ESRI to the Contractor. The Contractor shall comply with all applicable requirements for data validation and submission.

6.10 Additional Site Plans

Prior to beginning any field work, the Contractor shall prepare any additional plans or documents (e.g., sampling and analysis plans, quality assurance project plan, waste minimization plans, health and safety plans), the applicable regulatory drivers listed in Section 2.0 of this PWS, and any other agreements, orders, or regulations that apply to the Installation and sites. These plans and documents shall be subject to USACE review and approval, through the

COR.

6.11 Waste Minimization Plans

The Contractor shall provide, and upon Army approval through the COR, implement a Waste Minimization Plan for remediation of contaminated soil, material and groundwater. A Draft and Final Waste Minimization Plan shall be submitted with the PMP deliverables in accordance with Table 1. The plan shall identify waste streams and projected volumes to be generated to achieve the performance objectives identified in the PWS.

6.12 Installation Action Plan Meetings

Contractors currently do not participate in the Installation Action Planning Meetings (IAPs). If requested by the installation, the contractor will provide site information to support the IAP process, participate in the IAP meetings, and provide input and comments on the draft IAP, as appropriate.

6.13 Protection of Property

If it is necessary to access areas of the USAG Bavaria including GTA during military operations or training exercises, the Contractor will submit a written request to the COR a minimum of 30 calendar days in advance of the proposed entry date stating that a Right of Entry will be needed. The Contractor will not enter any property or area under the control of the USAG Bavaria without an approved Right of Entry and will be required to comply with all conditions specified in the Right of Entry. If the Government is unable to obtain the Right of Entry within 120 calendar days from the date of notification from the Contractor, the Contractor will make best efforts to complete the requirements of this PWS without entering such area or property.

The Contractor shall be responsible for any damage caused to property of the USAG Bavaria by the activities of the Contractor under this contract and shall exercise due diligence in the protection of all property located on the premises against fire or damage from any and all other causes. Any property of the USAG Bavaria damaged or destroyed by the Contractor incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the Contractor to a condition satisfactory to the COR or reimbursement is made by the Contractor sufficient to restore or replace the property to a condition satisfactory to the COR in accordance with FAR Clause 52.245-2.

6.14 Project Stakeholders

For the purposes of this PWS, project stakeholders will include but are not limited to:

USAG Bavaria, DPW Environmental Division U.S. Army Environmental Command Northeast ESSD (Forward - Europe) U.S. Army Environmental Command Midwest Environmental Services and Support Division U.S. Army Corps of Engineers, Europe District Host Nation Authority Waterboard Weiden (WWA Weiden) Host Nation Authority Landesamt fuer Umwelt (LfU) Bayern (Bavarian State Environmental

Office) Host Nation Authority Landratsamt Neustadt an der Waldnaab (County Office) Host Nation Authority Bundesanstalt fuer Immobilienangelegenheiten (BIMA) District Government of the Upper Palatinate (Bezirksregierung der Oberpfalz)

Specific Army stakeholders include the following: Installation staffs, Installation Management Command (IMCOM) as the Installation’s parent organization, US Army Center for Health Promotion and Preventive Medicine, US Army Environmental Command, and US Army Corps of Engineers – Europe District.

The Contractor will be responsible for obtaining comments with appropriate approval on project deliverables consistent with applicable regulatory drivers and agreements for each site.

6.15 Regulatory Involvement

All regulatory coordination shall be approved by the USACE through the COR. The Contractor shall provide the necessary support to initiate, schedule, and address all regulatory aspects of the project (e.g., organizing discussions with regulators concerning site response objectives and completion requirements, obtaining regulator comments on site documents and appropriately addressing them, and obtaining written documentation of remediation/monitoring completion from the regulators for all of the sites identified in this PWS). The COR, or designee, will attend and represent the USACE at all meetings with the regulators. With approval of the COR, the contractor may also informally discuss remediation/monitoring issues with regulators and provide an after-action report back to the COR. The Army will be the signature authority for all regulatory agreements and remediation documentation.

6.16 Public Involvement

All public participation coordination shall be approved by the USACE through the COR. The Contractor shall provide the necessary support to initiate, schedule, and address all public participation aspects of the project (e.g., preparation of briefings, presentations, fact sheets, newsletters, articles/public notices to news media). The Contractor shall be responsible for requesting and addressing all public comments consistent with the applicable regulatory drivers listed in Section 2.0 of this PWS. The COR, or designee, will attend and represent the USACE at all meetings with the public.

The contractor will be required to provide the necessary support (e.g., preparation of briefings, presentations, fact sheets, newsletters, and notifications) for the sites listed in this PWS. Activities required to support public meetings are included in this effort. The Contractor will be required to participate and provide presentations on sites listed in this PWS.

6.17 Communications

The Contractor shall not make available or publicly disclose any data or report generated under this contract unless specifically authorized by the KO through the COR. If any person or entity requests information from the Contractor about the subject of this scope of work or work being conducted hereunder, the Contractor shall refer them to the COR. All reports and other information generated under this scope of work shall become the property of the Government, and distribution to any other source by the Contractor is prohibited unless authorized by the KO.

6.18 Deliverable Requirements

The Host Nation authorites prefer consistency in communications and reporting. Content and format of reports and communications will be the same as that of historic documents and notifications.

All documents must be produced in draft, draft-final, and final versions in both hard copy and electronic (PDF) format. The electronic format must have optical character recognition per the USACE READ requirements. The Contractor will provide a sufficient number of copies of each submittal as requested by the various project stakeholders. The COR, or designee, will provide consolidated USACE comments on preliminary-draft documents to the Contractor within thirty (30) business days. Once initial comments are addressed, the USACE will review draft-final documents before submission to appropriate regulatory agencies. The Contractor shall ensure that review periods are consistent with the applicable regulatory drivers noted in Section 2 of this PWS. All documents shall be identified as draft-final until completion of stakeholder coordination, when they will be signed and finalized. One copy of the final document shall be placed in both the project repository and Administrative Record.

The Contractor will conform to U.S. Army Corp of Engineers (USACE) requirements or a similar approach that addresses all subject matter areas prescribed in the USACE requirements, which can be found at:

http://www.hnd.usace.army.mil/oew/CX_refdocs.aspx and http://140.194.76.129/publications/. The most recent version of these references at the time of award will apply.

Semi-annual and annual reports must be reviewed and must be revised whenever new data are obtained. Pursuant to this requirement, the Contractor shall semi-anually and annually review and revise reports based on new information, and submit to the USACE. Note that these semi-annual and annual deliverables will not be accepted as interim payment milestones.

The Contractor shall propose deliverables and payment milestones as part of its proposal, and if approved by the USACE, included as part of the PMP. Final decisions regarding the adequacy of milestone and deliverable completion resides with the COR and will be based on the appropriate acceptance and approval of required documentation by Regulatory Agencies.

6.19 Geographic Information System

The Contractor shall adhere to all applicable federal, DoD, and Army & USACE geospatial data standards for tasks and deliverables in this contract. Spatial data shall conform to the Federal Geographic Data Committee (FGDC) National Standard for Spatial Data Accuracy (NSSDA). In addition, each Geographic Information System (GIS) data set shall be accompanied by metadata conforming to FGDC’s Content Standard for Digital Geospatial Metadata (CSDGM) and be provided in a Shape File format (.shp) that is compliant with the Spatial Data Standards for Facilities, Infrastructure, and Environment (SDSFIE). The horizontal accuracy of any GIS data created by the contractor shall be tested in accordance with the NSSDA and the results shall be recorded in the metadata. All data shall be provided in the following Coordinate System: UTM Zone 16 North. All GIS data will be provided to the Installation upon completion of the performance objectives as established in Table 1, or as requested by the installation.

6.20 Contractor Manpower Reporting

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the US ARMY CORPS OF ENGINEERS via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: https://cmra.army.mil/default.aspx?ReturnUrl=%2f.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year of contract performance.

Contractors may direct questions to the help desk at: http://www.ecmra.mil to review user manuals and gain an understanding about the data fields that will be included in the reporting structure that is hosted at http://www.ecmra.mil/.

7.0 Expertise and Necessary Personnel

The Contractor shall provide the necessary personnel and equipment to execute this PWS successfully. The Contractor is responsible for determining the requirements for licensed professionals and certifications.

The Contractor shall furnish all plant, labor, materials and equipment necessary to meet the performance objectives.

The Contractor shall provide personnel trained as required by the Occupational Safety and Health Administration (OSHA) and all other applicable federal and state regulations. The Contractor shall provide all support activities necessary to ensure the safe and effective accomplishment of all work. For all work performed under this contract, the Contractor shall also develop and implement quality control measures consistent with all applicable USACE & Host Nation regulatory requirements and standards.

7.1 Key Personnel

The USACE requires that the following positions, at a minimum, be designated as “key personnel”, subject to the terms and conditions for such set forth in the basic contract. The Contractor will notify the COR of any changes in key personnel. The change of key personnel is subject to approval by the KO, although such approval will not be unreasonably withheld provided replacement personnel are of the same quality as originally proposed.

Project Manager Senior Hydrogeologist Senior Chemist Safety Officer

8.0 Additional Requirements

8.1 Resources

8.1.1 Army Furnished Resources

The Army will provide the following resources to the Contractor:

Access to records, reports, data, analyses, and information, in their current format (e.g., paper copy, electronic, tape, disks, CDs), as related to the CC-Program.

Access to DOD and Army policy and guidance documents.

All Army owned property used for remediation purposes must be maintained by the Contractor in accordance with applicable maintenance requirements, and may not be replaced by the Army should new equipment be required.

GIS database resources from the clean-up reports will be provided by the COR following award.

Access to personnel to conduct interviews on Installation operations and activities.

8.1.2 Contractor Furnished Resources

The Contractor will be responsible for the following:

Coordination with the USACE and the Installation in order to get access to the Installation, as required for execution of this PWS and by doing so, will follow the procedures described during the Contractors’ meeting at the Installation.

Coordination with the USACE and the Installation in order to gain access to available infrastructure (e.g., buildings, roadways, waste management units, other Installation facilities) and utilities (e.g., electric power and telephone lines, natural gas and water supply distribution pipelines, and wastewater discharge conveyances), as required for execution of this PWS.

The contractor is responsible for disposal of all waste generated under this contract including removal and orderly disposal of contaminated soil and materials including MEC.

Site air monitoring for hazardous chemicals during intrusive activities.

Any munitions debris or scrap found will be collected and managed for proper disposal following

Installation requirements.

Any other necessary resources needed to achieve the defined performance objectives of this PWS.

8.2 Contractor's Guarantee

For the purposes of this PWS, the following definitions apply. The "Project Price" for each site identified in this PWS will be equal to the approved proposed price for completion of performance objectives, the payment of which will be tied to one or more project milestones. The Contractor guarantees to complete and meet all of the performance objectives outlined in this PWS on the installation at the Project Price.

8.3 Certification and Approval of Project Milestones and Deliverables

The COR will perform contract management, inspection, oversight, review, and approval activities. Certification and approval of project milestones by the COR is necessary before distribution of financing payments. Certification by the USACE is also contingent upon the Contractor performing in accordance with the terms and conditions of the contract for this work, this PWS, and all amendments.

Representatives of the USACE and the Contractor will have a conference with the COR in a manner and at a time agreed to by all parties after receipt of each status report to:

Formally review the quantity and quality of services;

Inspect work for compliance with this PWS, the associated Contractor's final proposal, and project documentation;

Accept or reject milestones and deliverables completed since the previous review; and Prepare, approve and submit DD Form 250 “Material Inspection and Receiving Report” for financing payments in accordance with milestone completions and approvals to the COR.

8.4 Government Rights

The USACE has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be USACE owned and are the property of the USACE with all rights and privileges of ownership/copyright belonging exclusively to the Army.

These documents and materials cannot be used or sold by the Contractor without written permission from the KO.

All materials supplied to the Army shall be the sole property of the Army and cannot be used for any other purpose.

This right does not abrogate any other Army rights under the applicable Data Rights clause(s).

8.5 Stop Work

Government personnel have the authority and responsibility to stop work immediately if the work is considered to be a serious threat to the safety or health of workers, other personnel, or to the environment. Authorized Government personnel include, but are not limited to, Government OE Safety Specialists, Installation Safety Officers, Installation Environmental Division personnel, and command personnel with responsibility for overall Installation operations. When work is stopped due to a hazard/threat to worker safety, health, or the environment, the situation and resolution must be documented and submitted to the KO. In addition, the KO has the authority to temporarily stop work on a project following a 24-hour (one working day) written notification to the Contractor.

Stop work notices may be related to nonconformance to project specifications, lack of performance by the Contractor, financial considerations, funding considerations, and other circumstances outlined in the contract. Stop work notices may also be related to security levels that could prevent access to the Installation during a time of national crisis.

8.6 Environmental Responsibility Considerations

Response cost claims, property damage and personal injury claims brought due to contamination and hazardous substance releases that have occurred historically (prior to contract with the Contractor) and are not due to Contractor remediation activities are excluded from Contractor responsibility. The Contractor shall be responsible for and indemnify the USACE for:

Any response cost claims for any environmental remediation services which the Contractor has assumed responsibility for under this PWS;

All costs associated with correction of a failure of any remedy implemented or operated and maintained by the Contractor to the extent such failure was caused by the willful or negligent acts or omissions of the Contractor in the course of performing the environmental services;

All personal injury or property damage claims to the extent caused by the acts or omissions of the Contractor in the course of performing the environmental services;

All natural resource damages pursuant to 42 U.S.C. Section 9607(a)(4)(C), to the extent that such damages were caused or contributed to by the actions of the Contractor or its successors in interest; and

All costs associated with or arising from any negligent acts or omissions or willful misconduct of the Contractor in the course of performing the environmental services or implementing remedial actions.

8.7 Inspections

The USACE technical experts will independently review Contractor work to ensure compliance with all applicable requirements.

Any service or submittal performed that does not meet contractual requirements shall be corrected or re-performed by the Contractor and at no additional cost to the Government. Corrective action must be certified and approved by the COR. If the contractor performs any task unsatisfactorily and all defects are not corrected, the Government reserves the right to terminate the contract for default. In addition, the Government reserves the rights under FAR clause 52.246-4, Inspection of Services – Fixed Price, for further remedies concerning a Contractor’s failure to perform in conformance with contract requirements.

8.8 Organizational Conflicts of Interest

8.8.1 Disclosure.

The Contractor shall provide a disclosure statement with its proposal, which concisely describes all relevant facts concerning any past or present organizational conflicts of interest relating to the work in the PWS. In the same statement, the Contractor shall provide the information required in the following paragraph to assure the Government that the conflicts of interest have been mitigated and/or neutralized to the maximum extent possible. If a conflict of interest is discovered after contract award, the Contracting Officer will make a decision whether to terminate or rescind the PWS and/or contract at that time.

8.8.2 Potential Conflicts of Interest.

This request for proposals is open to any offeror to compete as a prime contractor, subcontractor or in any teaming arrangement, subject to restrictions regarding organizational conflicts of interest defined in FAR 9.5. In order to avoid any organizational conflicts of interest, or even the appearance of any organizational conflicts of interest, any contractor that has performed environmental services work at the project site under a previous contract will…