A.07.23_-_W912GB-17-R-0040.pdf

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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)

1 104

(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 conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 12

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

13 - 35 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

37 - 39 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 40 - 41 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

42 - 81

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

82 - 83

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

24 Jul 2017

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W912GB-17-R-0040

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 5,000,000 Job Base Year - Environmental Compliance

FFP

This is a firm fixed price (FFP) Indefinite Delivery Contract (IDC) Multiple Award Task Order Contract (MATOC) for Environmental Compliance and Hazardous Material/Hazardous Waste Management Support in Poland, Hungary, Romania, Albania, Armenia, Azerbaijan, Bosnia-Herzegovina, Bulgaria, Croatia, Czech Republic, Estonia, Georgia, Greece, Kosovo, Latvia, Lithuania, Serbia, Slovakia, Slovenia, Turkey, and Ukraine.

Task Orders issued under this IDC will primarily address a wide range of services but not limited to 1) Compliance Management Efforts which primarily includes efforts such as a) Environmental Management System Compliance, b) Environmental Performance Assessment, and c) Management Plan Updates 2) Hazardous Materials & Hazardous Waste Management, including efforts such as

a) Waste Management, b) Hazardous Materials Management System (HMMS) support and c) Hazardous Material Reuse Center Operation or their equivalent.

The period of performance is for a base period of three (3) years and two (2) one year option periods. The contract shall not exceed the shared capacity of $5,000,000.00. The contract expires when the shared capacity is reached or when the period of performance ends; whichever comes first. The contract performance period for CLIN 0001 is from the date of the contract award for a period of 36 months.

The individual task order minimum ordering amount is $5,000.00 and the maximum task order ordering amount shall not exceed $2,500,000.00. The minimum guarantee for this contract is $5,000.00; which also supports each option period.

Only authorized USACE Contracting Officers may issue task orders under this contract.

FOB: Destination

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED Job Base Year - Contractor Manpower

FFP

Base Year

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 twelve 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 Job OPTION Option Year 1

FFP

Option Year 1

The contract performance period for CLIN 1001 is effective the date of the option period modification as stated in the executed modification (SF30) for a period of twelve (12) months from expiration of the base period.

UNIT UNIT PRICE MAX AMOUNT

1002 UNDEFINED Job OPTION Option Year 1 - Contractor Manpower

FFP

Option Year 1

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 twelve 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 Job OPTION Option Year 2

FFP

Option Year 2

The contract performance period for CLIN 2001 is effective the date of the option period modification as stated in the executed modification (SF30) for a period of twelve (12) months from expiration of option year 1.

UNIT UNIT PRICE MAX AMOUNT

2002 UNDEFINED Job OPTION Option Year 2 - Contractor Manpower

FFP

Option Year 2

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 twelve 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

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

5,000.00 $5,000.00 5,000,000.00 $5,000,000.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

5,000.00 $5,000.00 2,500,000.00 $2,500,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

SECTION B

SUPPLIES OR SERVICES AND PRICES/COST

COMPENSATION TO THE CONTRACTOR

In consideration of the performance of their undertaking, the Contractor shall be paid for services ordered and accepted in accordance with Contract Clause entitled Payments. Total shared capacity will be issued on the base years with all unawarded capacity to roll over to subsequent option years.

The maximum award amount for individual task order is $2,500,000; however the Contracting Officer reserves the right to request proposals and issue task orders above or below the maximum and minimum amounts. The minimum guaranteed task order amount is $5,000. The initial contract period is for three years, with the Government’s option to extend the term for two additional one-year periods (reference FAR clause 52.217-9, OPTION TO EXTEND

THE TERM OF THE CONTRACT).

Discipline Rates – The offeror shall provide a fully burdened unit price for each labor category listed in the price breakout schedule. The full burdened unit price shall include all applicable direct labor, general, and administrative overhead, as well as applicable profit or subcontractor costs.

B.1 Contract Definition.

The contracts awarded under this solicitation will be an Indefinite Delivery Contract (IDC) Multiple Award Task Order Contract (MATOC) to provide Environmental Compliance and Hazardous Materials/Hazardous Waste Management Services under NAICS Code 541620, in support of the US Army Corps of Engineers (USACE). The contract will have the capability to support work as follows:

Generally, work will be performed on U.S. Army Europe (USAREUR) installations; however, services may also be required in other areas and for other existing and potential USACE customers. The location of services required is Poland, Hungary, Romania, Albania, Armenia, Azerbaijan, Bosnia-Herzegovina, Bulgaria, Croatia, Czech Republic, Estonia, Georgia, Greece, Kosovo, Latvia, Lithuania, Serbia, Slovakia, Slovenia, Turkey, and Ukraine.

The Contracts will result in Firm-Fixed Priced (FFP) Task Orders (TOs) issued for a wide range of services including:

1. Compliance Management Efforts which primarily includes efforts such as

a. Environmental Management System Compliance,

b. Environmental Performance Assessment,

c. Management Plan Updates

2. Hazardous Materials & Hazardous Waste Management, including efforts such as

a. Waste Management,

b. Hazardous Materials Management System (HMMS) support and

c. Hazardous Material Reuse Center Operation or their equivalent. Both U.S. and Host

Nation Laws must be considered in performing this work.

B.2 TOTAL AMOUNT OF CONTRACT. The total amount of a contract awarded under this solicitation shall not exceed $5,000,000. Total contract capacity will be issued on the base years with all unawarded capacity to roll over to subsequent option years. There is no limit to the number of TOs and the maximum dollar value that may be executed against this contract is $5,000,000. The contract expires when the shared capacity is reached or when the period of performance ends; whichever comes first.

B.3 MINIMUM CONTRACT GUARANTEE. The contract awarded under this solicitation shall have contract minimum amount of $5,000 for the entire contract which includes the Base (3 years) and two one-year options.

B.4 CONTRACTOR MANPOWER REPORTING (CMR). 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 to include all TOs and modifications. The contractor is required to completely fill in all the information in the format described at the following web address: https://cmra.army.mil . This website address includes links to a helpdesk and a user’s manual.

As part of its submission the contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement. The reporting period will be from the beginning of the period of performance until 30 September of each government fiscal year, not to exceed 12 months and must be reported by 31 October of each calendar year. The awarded contract shall include a CLIN for the Base period that shall cover cost if any for the initial CMR database setup and the annual requirement for CMR reporting. There will be CMR option CLINs included to be exercised annually for each option period awarded. Further information and frequently asked questions are located at the following website: https://cmra.army.mil/Login.aspx . Contractors may direct technical questions to Country Code 001-703-377-6199.

The contractor may choose to price or not separately price for this requirement.

B.5 PRICING.

5.1 Firm-Fixed Price Task Order(s) – Price.

FFP TOs will be issued for services performed at prices competed among the successful contractors. FFP TOs may be subject to audit at the discretion of the applicable Contracting Officer (KO). The maximum award amount for an individual task order is $2,500,000.

If during the Contract Period of Performance, the Contractor’s original subcontracted personnel identified in their proposal are no longer available to the Prime, the Prime shall find a subcontractor that has, at the minimum, the same qualifications as the previous subcontracted personnel. The Prime shall notify the Government of this proposed change, and present the qualifications of the proposed individuals to the KO for approval. The KO is the only individual that can approve a change in personnel and all approvals of personnel changes are per the KO’s discretion. After approval by the KO, the Prime shall be responsible for negotiation the labor rates for those personnel. Those rates provided in the negotiated contract are the maximum that will be paid by the Government for any replacement personnel.

5.1.1 Pricing.

Depending upon the requirement of each TO, 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 (when optional items are used), or (c) technical proposal in one package and the price proposal in a separate package.

Specific objectives/milestones and pricing information for work to be performed under this contract will be include in each TO issued under the contract. In consideration of the performance under this contract, pursuant to task orders duly issued by the authorized KO, the contractor shall be paid consideration determined in each TO. Such consideration shall constitute complete payment for services performed under this contract. Price reasonableness will be evaluated for the base contract and all follow-on TOs. All offerors are encouraged to be responsible and provide reasonable rates so as to create a materially balanced proposal.

The Government will request the Contractor to provide a price breakdown that specifies the proposed labor mix (with extended prices), travel costs, subcontractor bids, and other direct costs along with the underlying assumptions to support those costs and the technical approach presented.

Descriptions for each labor and direct charge item are provided in Section C. Each Contractor’s proposed cost for labor classifications indicated in Appendix A will be used to determine the applicable rate. The Contractor shall not exceed their proposed rates but they may decrease this rate at their discretion.

https://cmra.army.mil/ https://cmra.army.mil/Login.aspx

When DBA insurance is required based on the location of the work being performed, the amount will be priced in the individual TO.

5.1.2 Task Order – Request for Proposals.

When the Government has a work request, a Request for proposal (RFP) will be issued. The RFP shall include information concerning the statement of work, guide specifications, drawings, attachments, information pertaining to a site visit, evaluation criteria, and any other requirements for submission (e.g. proposal requirements, price schedule, etc.).

5.1.3 Site Visit.

Offeror’s attendance at site visits is considered vital to preparation of competitive and cost effective offers, and to understanding the site conditions and results desired by the Government. Failure to attend site visits shall not be used as an excuse for omission or miscalculation in offers, and may be taken into consideration in determining a Contractor’s eligibility to participate in future TOs. The Contractor will not be reimbursed for attendance during site visits, negotiations, proposal preparation, or other pre-TO award costs.

5.1.4 Contractor Response.

Contractors shall respond to all RFPs issued. Contractors shall respond within the number of calendar days stated in the RFP by submitting a proposal to the KO in accordance with requirements stated in the RFP or notification that the contractor will not be submitting a proposal. The KO reserves the right to make attendance at site visits mandatory for specific task orders and to reject offers by contractors who have not attended the site visits.

Proposals will be accepted as is and upon conclusion of satisfactory discussions or negotiations (if required), a TO will be issued by the KO reflecting the price and payment terms as outlined in the statement of work or specifications. 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.

5.1.5 Evaluation Method and Procedures of RFPs for a Task Order(s).

1. When an RFP for a TO 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 TOs will be awarded based on competition, however the Selection Criteria for a TO will be specified upon issuance of the TO RFP. The Government reserves the right to award TOs as follows:

(a) Price Only

(b) Best Value

• Lowest Price Technical Acceptable (the government will award to the technically acceptable proposal with the lowest evaluated price).

• Tradeoff Process (the government considers award to other than the lowest priced offeror or other than the highest technically rated offeror).

2. All MATOC Contractors will be given a fair opportunity to bid on any TOs over $3,500 unless the KO determines:

(a) An urgent need exists and seeking competition would result in unacceptable delay.

(b) Only one Contractor is capable at the level of quality required because the requirement is unique or highly specialized.

(c) A sole source is in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

(d) To satisfy contract minimum award obligations.

3. The KO, in making award decisions of any individual TO, will consider performance on earlier MATOC TO factors such as past performance, quality, timeliness, or other factors that the KO determines to be relevant in awarding a particular TO. Award factors will vary depending on the unique requirements for each TO; pricing will be a consideration.

4. When an RFP for a TO is issued with price as the only criteria, the low responsive and responsible Offeror will be awarded the TO. The Government reserves the right to request supporting documentation to substantiate the Offer’s price proposals, including subcontractor pricing.

5. When both technical and price are considered, award of a TO resulting from an RFP will be based on technical rating and price consideration. The Government will, in the RFP, describe the criteria to be utilized in evaluating the TO such as 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.

6. Contract Prices-Price Schedules. The Government’s payment for the Lump Sum Amount of individual TOs 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 Schedule of Services. The Contractor shall include in their proposal costs of all work required by drawings, specifications and/or Schedule of Services.

5.1.6 Award.

1. Whenever possible, award will be made without discussions. If discussions are held, each MATOC contractor may be requested to provide a final proposal revision. TO award will be made based on the basis for award as described in the Request for Proposal. The Government will notify contractors when any TO (competed or sole source) is awarded under the MATOC procedures.

2. TOs will be issued on DD Form 1155. Orders may be placed via electronic commerce. The TO becomes binding when the KO signs the Order. As identified on the TO, Notice to Proceed (NTP) will be issued either separately after receipt of certifications or submittals, or upon award.

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 TO contract except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract.

4. Ombudsman. In accordance with FAR Part 16.505(b) (4), 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 TO, the Contractor may present the matter to the KO. The Contractor may appeal the explanation or decision of the KO to the U.S. Army Corps of Engineers (USACE) Ombudsman at the following address: Headquarters, U.S. Army Corps of Engineers, Attention: CECT-A (USACE Ombudsman – Jacqueline Woodson), 441 G Street N.W., Washington, DC 20314-1000. 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 TO.

(b) After coordination with the KO, and if he/she agrees with the contractor, require that the KO take corrective action regarding the complaint.

(c) If the KO does not agree with the ombudsman, the matter shall be decided by the Principle Assistant Responsible for Contracting (PARC).

5.1.7 Sole Source. When it is necessary to negotiate with one firm on a sole-source basis, the Contractor shall provide competitive quotes to establish a fair and reasonable price for Subcontract work. There may be circumstances where proposals will be negotiated, such as follow-on work.

EVALUATION OF CONTRACTOR PERFORMANCE

In accordance with FAR 42.1502, the Contractor’s performance will be evaluated upon completion of each task order with a total dollar value of $1,000,000 or more. Evaluations may be performed on any task orders, regardless of the dollar amount. Interim evaluations must be prepared every 365 calendar days and may be prepared at any time during performance when determined to be in the best interest of the Government.

The Government reserves the right to complete an administrative report on the base contract in accordance with Contractor Performance Assessment Reporting System guidance. For administrative reports, the contractor shall be rated as Satisfactory provided that evaluations are conducted at the task order level.

UNAUTHORIZED SERVICE

Only a warranted Contracting Officer (either a Procuring Contracting Officer (PCO) or an Administrative Contracting Officer (ACO)), acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. The contractor shall take no direction from any Government employee or any other person, other than a USACE Contracting Officer, that changes the terms and conditions of this contract or any change that impacts the cost, price or schedule. Changes authorized by the contracting officer will be in the form of a written, official, signed modification to the contract action received by the contractor before the contractor will act upon those changes.

If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and shall immediately notify the Contracting Officer. Any such unauthorized action taken by the Contractor or any Contractor employee, which might be construed to be approved by the U.S. Government, shall be the responsibility of the Contractor and shall be resolved by the Contractor at no expense or embarrassment to the U.S. Government. Third-party claims resulting from such unauthorized actions shall also be resolved by the Contractor without expense or embarrassment to the U.S. Government.

Contracting Officer Representatives (CORs) are limited to the authorities stated in the COR appointment letters. If a COR is appointed under on a task order, they will be appointed by written letter from the contracting officer.

DESIGNATION OF ORDERING OFFICER- INDEFINITE DELIVERY CONTRACTS

A USACE Contracting Officer is the only official authorized to place orders under this contract on behalf of the Government.

PRICE SCHEDULE

PRICE SCHEDULE

FY17 ENVIRONMENTAL COMPLIANCE AND HAZARDOUS MATERIALS/HAZARDOUS WASTE MANAGEMENT SUPPORT

PLEASE SEE THE EXCEL FILE TITLED

Attachment 4 – Price Schedule

ONCE NEGOTIATED THE PRICE SCHEDULE WILL BE

INCLUDED IN THE CONTRACT AWARD.

Section C - Descriptions and Specifications

SECTION C

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

COMPLIANCE AND HAZARDOUS MATERIALS/HAZARDOUS WASTE MANAGEMENT SERVICES CONTRACT

20 March 2017

C.1 General

C.1.1 General Information

This solicitation will be an Indefinite Delivery Contract (IDC) Multiple Award Task Order Contract (MATOC) to provide Environmental Compliance and Hazardous Materials/Hazardous Waste Management Services under NAICS Code 541620, in support of the U.S. Army Corps of Engineers (USACE) Europe District (CENAU).

The objective of the contract is to provide environmental support to CENAU’s current and potential Clients in Poland, Hungary, Romania, Albania, Armenia, Azerbaijan, Bosnia-Herzegovina, Bulgaria, Croatia, Czech Republic, Estonia, Georgia, Greece, Kosovo, Latvia, Lithuania, Serbia, Slovakia, Slovenia, Turkey, and Ukraine. Generally, the work will be performed for the European Command (EUCOM), where U.S. Army Europe (USAREUR) installations are located, although work could be extended to areas covered by other Department of Defense (DoD) agencies and/or other U.S. Government agencies or partners.

These contracts will include firm-fixed price features for a wide range of compliance and hazardous materials/hazardous waste management services at various known or suspected sites. Work may be executed under a prescriptive task-by-task Schedule of Services (SOS) or under a small purchase request (PR) Task Order (TO) using Performance Work Statements (PWS).

C.1.2 Location

This contract will be used within the area of operations where CENAU supports the military and statesmanship mission of the U.S. Government. The awarded contracts shall be for the geographic locations: Poland, Hungary, Romania, Albania, Armenia, Azerbaijan, Bosnia-Herzegovina, Bulgaria, Croatia, Czech Republic, Estonia, Georgia, Greece, Kosovo, Latvia, Lithuania, Serbia, Slovakia, Slovenia, Turkey, and Ukraine.

C.1.3 Regulations, Guidance, and Executive Orders.

The primary documents that contain U.S. Army Europe’s (USAREUR) policies for environmental compliance and HM/HW management are USAREUR Regulation (UR) 200-1 and the country specific Final Governing Standards (FGS). UR 200-1 contains environmental compliance requirements and policy for USAREUR elements regardless of geographic location. It is based on applicable provisions of U.S. laws and Executive Orders, U.S. Department of Defense (DoD) directives, and U.S. Department of the Army (DA) regulations. Country specific FGS were developed by HQ USAREUR for Germany, Belgium and the Netherlands and by U.S. Navy Europe (NAVEUR) for Italy as the DoD designated Executive Agents (EA) via a comparative analysis of the standards required by the Host Nation (HN) and minimum “baseline” criteria established by the DOD, with respect to which are more protective of human health and the environment. Thus, standards contained in the country specific FGS are those which have been determined by the designated EA to be more protective. FGS are currently available for all countries in which the USAREUR has garrisons (Germany, Italy, Belgium, and the Netherlands) where most of the work under this contract will be executed. In addition to the FGS, hazardous waste management is governed by regulations such as the European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR) requirements and Defense Reutilization and Marketing Office (DRMO) procedures. Historic and cultural resources are protected and managed in accordance with the FGS, DoDI 4715.05-G, and HN regional and provincial lists equivalent to the U.S. National Register of Historic Places and those places on the World Heritage List.

C.1.4 Background

This services contract provides support for the multi-media compliance and HM/HW management requirements at installations throughout the European Command (EUCOM). The Department of Defense and the U.S. Army are committed to effective environmental stewardship of air, land and water resources, and historic and cultural resources to maintain and improve mission capability. There are numerous media areas which require ongoing management. Generally this includes, but is not limited to overall management of more all-encompassing programs, as well as inspecting, testing, monitoring, evaluating, reporting and training in various media areas. Particular compliance emphasis is also given to the proper handling of hazardous materials and hazardous waste.

Project specific task orders (TOs) will be issued under the basic contract. The CENAU KO or Project Manager will provide the Contractor with any site-specific information in the CENAU’s possession upon issuance of each TO.

Information provided by CENAU on any site will be dependent on the current status of the site. Each TO will define the Contractor’s performance requirements.

C.1.5 Performance Work Statement (PWS)

It is necessary for CENAU to provide the capability to conduct Multi-Media Compliance and HM/HW services to support U.S. Forces and the installations we serve. The Contractor will assist in the management of hazardous materials and waste systems that are governed by the FGS, Overseas Environmental Baseline Guidance Documents (OEBGD) where no FGS are developed, and applicable HN and DOD/DA/EUSAREUR requirements.

The Contractor shall furnish all personnel, materials, and services required to perform compliance management support; miscellaneous compliance-related studies; and HM/HW management assistance. To accomplish these goals the Contractor will provide a wide range of services including, but not limited to:

Environmental Compliance (U.S. Army Regulation 200-1, DoDI 4105.05G, country specific Final Governing Standards, etc.):

a. Environmental management system compliance and inspections and multi-media compliance management efforts

b. Environmental performance assessment (internal/external)

c. Management plan updates

d. Environmental Baseline Surveys

e. Archaeology and cultural resource services, in terrestrial, marine, and aquatic environments, including but not limited to: formal historic and cultural resource inventories, on-site inventory plans, reconnaissance surveys (including ground penetrating radar if needed), complete and update ICRMPs, prepare property protection plans, architectural surveys and services, museum curation and display support, and participate in forensic recovery assistance.

f. Environmental planning

g. GIS support/master planning

h. Noise studies

i. Environmental review of construction projects

j. Soil and planning level surveys

k. Sampling and analytical testing for sediment, soil, air, and/or surface and groundwater for chemical and geotechnical parameters

l. Sampling and analytical testing for asbestos, radon, lead on surfaces or in the air

m. Groundwater modeling, fate and transport analyses, or other technologies

n. Preparing work plans, quality control plans, quality assurance plans, and health and safety plans

o. Decision documents and sampling reports prepared using technical English and/or translated into Host

Nation language

p. Maps delineating targeted locations with GIS supported layers

q. Host Nation coordination

r. Environmental Performance Assessments

s. Implementation of Final Governing Standards (FGS) through various media monitoring

t. Environmental training

u. Energy management

v. Management plans and standard operating procedures (SOPs) development

Hazardous Materials/Waste Management Support (USAR 200-1, FGS, European Agreement Concerning the International Carriage of Dangerous Goods by Road requirements, Defense Reutilization and Marketing Office procedures, etc.):

w. Solid Waste Management (including recycling)

x. Hazardous materials/waste management (HM/HW) system support

y. HM/HW data base management and maintenance

z. Environmental reporting requirements using Enterprise Environmental, Safety and Occupational Health-

Management Information System (EESOH-MIS)

aa. EESOH-MIS training (Operations Order 14-114, 251313ZSEP14)

bb. HM/HW inspections

cc. Hazardous material reuse center operations

dd. Hazardous waste management center operations

ee. Spill Response Plans and updates

ff. Pollution Prevention (P2) program management support

gg. Pesticide management support

hh. Sampling and testing of contaminated building materials

C.1.6 Conduct of the Work

The Contractor, the Contractor’s subcontractors and the Contractor’s suppliers shall assist in the management of hazardous materials and waste systems while respecting the FGS, applicable HN, and DOD/DA/EUSAREUR requirements.

C.1.7 Performance Base Contract Task Orders

Work will generally fall under TOs using performance-based Schedule of Services (SOSs) or Performance Work Statements (PWS). A performance based schedule of services 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 SOSs 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.

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

The goal of Performance Based Contracting (PBC) is to:

a) Save money by reducing contract costs from elimination of unnecessary effort, through innovation by the Contractor, and also by reducing Government surveillance.

b) Enable Government to shift its emphasis from processes to results.

c) Hold Contractors accountable for the end results.

e) Ensure that Contractors are given the freedom to determine how to meet Government’s performance objectives.

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

individual TOs will contain the specific performance based requirements and the evaluation criteria. The evaluation criteria will be identified in each TO as lowest price 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 CENAU KO to perform any of the functions required within the specific TOs. TOs 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 TO. The Government will require some level of detail to properly analyze the pricing on a TO by TO basis so that the 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, 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.1.8 Contract Deliverables

The Contractor will provide clear, well written, concise deliverables. Any documents not so written will be returned to the Contractor for correction (i.e. non-native speaker authoring documents without review.) They will be reviewed by Government staff and comments provided to the Contractor. Acceptance of reports will be provided by the Contracting Officer’s Representative (COR) or Project Manager upon the Contractor’s fully responding to and incorporating comments into the deliverables. The majority of deliverables are expected to be reports and computer databases with some possible web-based work, following completion of the services described in Section C.2.

Submissions will be in accordance with Section C.4.5 and any additional or superseding direction provided by the individual TO.

C.1.9 Studies and Technical Reports.

The Contractor shall perform and prepare reports, investigations and studies as required to meet the scope of work in each TO and to submit the report, investigation and/or study as directed within the TO. Documents will be reviewed and comments provided by the Government typically within 30 days of receipt of the deliverable, unless specified in the TO. The comments will generally be provided for the Contractor to provide responses and incorporate into the final documentation.

C.1.10 Data Requirements.

The Contractor will use, but not be limited to, a variety of cost data, aerial photography, satellite imagery, GIS data, and computer programming to complete the work for each deliverable. All data required, used or otherwise handled remains the property of the U.S. Government, the installation and agency that provided the data. The Contractor may not use datasets or other materials relating to this contract or developed from this contract for publication without the expressed, written consent of the U.S. Government. The Contractor shall contact the KO to begin discussions with regard to data manipulations and authorship prior to conducting data analysis with the intent of publication.

The Contractor shall make available to the U.S. Government draft copies of any publications, based on work conducted or data collected under this contract, for review and comment. All equipment purchased under the TOs remains the property of the U.S. Government.

C.1.11 Appendixes When Applicable.

The Contractor shall perform all studies and other efforts in full compliance with applicable Host Nation and U.S.

federal laws & legislation. The Government will provide historical data, reports, cost information, computer data, and regulations particular to each TO as available. An example of applying environmental laws would be use of the Final Governing Standards (FGS) during the preparation of a report involving environmental investigation. TOs will clearly identify all Government orders to be issued as well as possible requirements for the orders. TOs will clearly identify all Government provided information, requirements and references.

C.1.12 Requirements/Performance Standards.

Each TO shall use the standard Quality Assurance Surveillance Plan (QASP) requirements for service contracts as set forth in FAR Subpart 37.6, and the government reserves the right to modify these documents for each project.

The QASP is a document used to ensure that systematic quality assurance methods are used in the administration of the Performance Based Contract (PBC) or TO. The QASP details how and when the Government will survey, observe, test, sample, evaluate and document Contractor performance according to the PWS. A Performance Requirements Summary (PRS) details how the Government will monitor the Contractor’s performance. The

Governments QASP and the Contractor’s Quality Control Plan work together to ensure that all project performance standards are met.

The QASP focuses on the quality, timeliness, etc. of the performance outputs to be delivered by the Contractor and not on the individual steps required or procedures used to provide the product or services. The QASP should highlight key quality control activities or events that the COR will use to determine and assess progress toward and/or completion of milestones.

C.1.13 Notification of Non-Compliance.

The KO will notify the Contractor of any non-compliance on a TO. The Contractor shall, after receipt of such notice, immediately take corrective action. Such notice, when delivered to the Contractor or its authorized representative at a work site, will be deemed sufficient for the purpose of notification. If the Contractor or its representative fails or refuses to comply promptly with the notice, the KO may stop all or any part of the work until satisfactory corrective action is taken at no additional cost to the Government.

C.1.14 Final Acceptance.

Acceptance of project deliverables will be made upon approval of comments and incorporation of the comments into final deliverables. Typically the Contractor will respond to comments from CENAU and/or Army customers.

Payment will be provided upon acceptance of established milestones for each TO. The KO will provide Final Acceptance to the Contractor.

C.1.15 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 (CLIN) is provided to enable the Army to track costs. The required information includes: (1) Contracting Office, Contracting Officer, Contracting Officer’s Representative; (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 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 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 previously noted.

NOTE - 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.

https://cmra.army.mil/

C.1.16 Contractor antiterrorism/Operations Security Requirements

For contractors requiring Common Access Card (CAC). The contractor and all sub-contractors employees will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an interim CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management.

For contractors who do not require CAC, but require access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say Something). The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

Contractor Employees Who Require Access to Government Information Systems.