Solicitation.pdf

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Jessica.L.Hicks@usace.army.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

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

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

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

1 155

(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.

W912P9 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 5 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

JESSICA L HICKS 314 331-8527

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 11

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

12 - 33 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 36 - 38 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 39 - 43 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

44 - 89

PART II - CONTRACT CLAUSES

CONTRACTING DIVISION

US ARMY ENGR DIST ST LOUIS

1222 SPRUCE STREET, RM 4.207

ST LOUIS MO 63103-2833

314 331-8746FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

90 - 118

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

06 Mar 2020

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W912P920R0002

Section B - Supplies or Services and Prices

SECTION B

SECTION B – SUPPLIES OR SERVICES & PRICES / COSTS

1. Contract Definition

This Indefinite Delivery / Indefinite Quantity (ID/IQ) Multiple Award Task Order Contract (MATOC) is a part of the U.S. Army Corps of Engineers, Multiple Environmental Government Acquisition (MEGA) Strategy.

This will be an Indefinite Delivery / Indefinite Quantity (ID/IQ), Multiple Award Task Order Contract (MATOC) for Pre-placed Remedial Action Contracts (PRACs) under NAICS Code 562910, in support of existing and future USACE customers of the Districts within the Mississippi Valley Division of the Army Corps of Engineers (USACE) and the Environmental Protection Agency (EPA) Region 5 and Region 7. Firm fixed price Task Orders may be written against the ID/IQ contracts.

All Task Orders to be awarded under this MATOC will be competed in accordance with (IAW) FAR 16.505(b)(1), Fair Opportunity, and DFARS 216.505-70, Ordering Under Multiple Award Contracts, unless one of the exceptions to fair opportunity at FAR 16.505(b)(2)(i) applies. IAW FAR 16.505(b)(1) and DFARS 216.505-70 Task Order selection will be tailored to specific project requirements and awarded IAW pre-established evaluation criteria. Evaluation methodology for the instant procurement consists of four (4) factors:

(1) Technical Approach

(2) Past Performance

(3) Corporate Technical Plans, Practices and Procedures

(4) Price

The Government’s target is to award five (5) contracts under this solicitation; however, if the Contracting Officer determines during the source selection process that fewer or more than five (5) contracts should be awarded, based upon the selection criteria, the Source Selection Authority has the discretion of adjusting that number, or awarding none at all.

Please ensure this NAICS code 562910 is incorporated in your current Contract Registration at the System for Award Management (SAM) https://www.sam.gov/portal/public/SAM/ Failure to have this NAICS code current in SAM may result in not being considered for the award.

***NOTE***

When contacting the SAM Help Desk with issues relating to registering for a CAGE Code, please DO NOT ask for CAGE Code help, instead ask for help with SAM Registration which will end in a better result and assistance with the SAM Help desk.

For SAM Customer Service, contact:

Federal Service Desk URL: www.fsd.gov Hours: 8am - 8pm (Eastern Time) US Calls: 866-606-8220 International Calls: 334-206-7828

DSN: 866-606-8220

2. Eligibility

The contract will be awarded only to qualified small business offerors who are eligible.

3. Total Amount of Contract

The total amount of the MATOC with shared capacity among all Contractors awarded contracts under this solicitation shall not exceed $88.125 million. There is no limit of the number of Task Orders that may be executed against this contract. The cumulative total of all Task Orders issued under the MATOC shall not exceed the total contract capacity amount of $88.1 million. No single Task Order may be written for more than $88.1 million.

4. Guaranteed Contract Amount

The minimum guarantee for the IDIQ is $2,500.00. Task Order 0001 will be issued under each contract awarded as a result of this solicitation. The Task Order will satisfy the minimum guarantee of the contract terms and conditions. Task Order 0001 will have a period of performance for 3 years. If additional Task Orders are awarded under the contract, Task Order 0001 will be de-obligated and closed at no additional cost or liability to either party.

5. Performance Period

Contracts will have a basic ordering period of three (3) years plus one two (2) year option period or until the $88.1 million contract limit is reached, whichever comes first.

This Solicitation also includes FAR 52.217-8, which if necessary, allows the Government to extend the term of the Contract an additional six (6) months.The total length of the contract ordering period, including the exercise of all option periods, will not exceed five years and six months from date of contract award.

6. Pricing

6.1 Firm-fixed price (FFP) Task Orders.

FFP Task Orders will be for services performed at prices expressly provided for therein.

Profit will be reflected in individual Task Orders issued. The price for each firm-fixed price Task Order shall be based on the hourly rates for labor disciplines proposed by the offeror in the “Hourly Labor Rates, Firm Fixed Price” table shown below, and the offeror’s proposed markups for the other direct costs in the tables below. All hourly rates shall include Overhead, General/Administrative, Labor Burden Fringes, and any other markups that are included in the offeror’s fully burdened rate. All hourly rates shall be exclusive of profit. If a discipline is not listed in the Hourly Labor Rates table and is required for a specific Task Order, that labor rate will be determined before award of that Task Order.

The offeror shall submit its proposed rates for all disciplines and years listed in Table 1 below. The rates proposed will be legally binding and will be the maximum rates that the offeror will use for all firm-fixed price Task Orders. Lower rates may be offered at the Task Order level, if deemed appropriate by the offeror. Offerors shall provide one rate per labor discipline, including those provided by subcontractors. The offeror may not have all personnel on staff. Therefore, if those personnel are subcontracted, their rates shall be provided in the tables as well. The rates provided per labor discipline shall be fully burdened rates, exclusive of profit.

The offeror shall only provide the Overhead and G&A rates for the prime, even if the labor disciplines will be performed by the prime or a subcontractor, depending on the Task Order. The subcontractor would be subject to honoring the labor rates stated for the subject labor discipline.

NOTE: If during the Contract Period of Performance, the Contractor’s original subcontracted personnel are no longer available to the Prime, the Prime shall find a subcontractor that has at a minimum, the same qualifications as the previous subcontracted personnel. The Prime shall be responsible for negotiating the labor rates for those personnel that have been provided in this Solicitation. Those rates provided in Section B, Table 1 are the maximum that will be paid by the Government for any replacement personnel.

In Table 2 (Rates/Markups) below, offerors shall show the breakout of all rates and markups that are incorporated into the fully burdened rates proposed by the offeror in Table 1.

Maximum rates shall be governed by the date of the Task Order requirement. Task Orders will use the prices for the 12-month period effective on the date the Task Order is issued. Modifications to Task Orders will reflect the rates of the "current 12-month" bid schedule. For example, if the rate schedule changes over on 1 November of each year, and a Task Order is issued on 1 Sep 2018 for 12 months work, the maximum rates will be the rates that were effective on 1 Nov 2017. Under the same assumptions, if a modification to this Task Order is required in December 2018, labor rates effective on 1 Nov 2018 will apply.

Table 1

Hourly Labor Rates, Firm Fixed Price

DISCIPLINE

PRIME

OR SUB

BASE

HRLY

RATE

Year 1

FULLY

LOADED

HRLY

RATE

Base

Period Year 1

FULLY

LOADED

HRLY

RATE

Base

Period Year 2

FULLY

LOADED

HRLY

RATE

Base

Period Year 3

FULLY

LOADED

HRLY

RATE

Option

Period 1/ Year 4

FULLY

LOADED

HRLY

RATE

Option

Period 1/ Year 5

FULLY

LOADED

HRLY RATE 6

MONTH

OPTION

PERIOD IF

NECESSARY

(52.217-8)

Program Manager

Project Manager On-Site Contractor Quality Control Supv (CQCS)

Safety & Health Manager (SHM)

Site Safety and Health Officer

(SSHO)

Geologist Chemist

Process Engineer Engineering Technician

Field Technician

Clerical

Offerors are to submit their labor rates for each of the ordering periods.

Assume base year 1 labor rates cover period October 2015 through September 2016.

For each labor discipline, please annotate whether the discipline provided is Prime or

Subcontractor. If both Prime and Subcontractor will perform the work, indicate “Both” in column 2 and enter a single maximum rate.

Offerors are to provide an example of how mark-ups are applied to the labor rates Offerors are to provide only one table with one rate per discipline. Table 1 must be completely filled out. Joint Ventures must submit a single maximum rate in Table 1 for the JV.

If the cost for a discipline indicated above is included in an Offeror’s overhead rates as part of the

Offeror’s standard accounting system, the Offeror shall enter a hourly rate of $1 and include an explanation below the table regarding how that discipline’s costs are accounted for under the Offeror’s standard accounting practices.

Table 2

Rates / Markups

Base

Contract Year 1

Year 2

Year 3

Option

Period 1/ Year 4

Option Period

1/Year 5

6 Month Option

Period – If Necessary (52.217-8)

Total Labor Home Office

Overhead Rate*

Field Office Overhead Rate*

G&A Rate* _________% Fully Loaded Hourly Labor Rate Annual Escalation

*Must be substantiated by DCAA at a later time

NOTES:

1. Overhead and G&A rates should be shown separately.

2. The rates/markups provided in Table 2 are a breakout of the rates/markups incorporated into the fully burdened rates proposed by the offeror in Table 1.

3. For any mark-up that is not considered as Overhead or G&A, please provide the markups along with documentation that the mark-up is part of your company’s standard accounting practices (examples: computer usage fees, Facilities Capital Cost of Money).

7. Department of Labor Wage Rates

For individual Task Orders written against the contract, the appropriate Department of Labor Wage Determination will be provided.

8. Travel

The Contractor shall perform all travel and attend all meetings necessary for completion of the work required by the Task Orders. Per Diem (lodging and MI & E expenses) shall be paid at the current Government rates in accordance with the Federal Travel Regulation (FTR) per person per calendar day spent in travel status. No per diem will be paid for travel less than the number of hours per day stated in the current FTR. Per Diem rate information may be obtained at http:www.defensetravel.dod.mil/. Actual cost of transportation by public conveyance (plane, limited to coach class) shall be paid. Air travel shall (if possible) be planned in advance in order to acquire the best prices available. Privately owned vehicles shall be paid at the current Government mileage rate in accordance with the FTR. No fee or profit will be paid on travel.

CAUTION PAGE

CAUTION!

BEFORE SIGNING AND MAILING THIS PROPOSAL, please take note of the following:

1. AMENDMENTS: Have you acknowledged receipt of ALL Amendments? If in doubt as to number of amendments issued, please contact our office.

2. HAND-DELIVERED PROPOSALS: If proposals are hand-delivered, you must be aware of enhanced security requirements in effect in the Federal Building and allow for extra time to clear security. You must have a valid picture ID in order to enter the building. No additional time will be allowed due to security requirements.

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

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

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

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

2,500.00 $2,500.00 88,125,000.00 $88,125,000.00

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

2,500.00 $2,500.00 88,125,000.00 $88,125,000.00

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

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Job Labor

FFP

The Contractor shall provide subject matter expertise services in accordance withSection C, all applicable attachments, and the fully loaded labor rates in Section B(reference Attachment A). Specific requirements will be identified throughPerformance Work Statements (PWS) to be included in each individual task order.

FOB: Destination

NET AMT

0002 Job Travel

COST

Travel must be authorized by the Contracting Officer's Representative (COR) andbe in conformance with the contract requirements (See travel as required by the Performance Work Statement). Contractor travel required in the performance ofSME Services must comply with the Federal Travel Regulation or Joint TravelRegulations, as applicable, in effect on the date(s) the travel is performed.Established Federal Government per diem rates will apply to all contractor travel.

ESTIMATED COST

0003 Job Other Direct Costs (ODCs)

COST

The Contractor shall execute all requirements for authorized other direct costs(ODC) in accordance with Section C and all applicable attachments.

Specificrequirements will be identified through Performance Work Statements to be included in each Task Order.

0004 Job Contractor Manpower Reporting

FFP

The Contractor shall provide all required Contractor Manpower Reporting in accordance with Section H. Specific requirements will be identified thorugh the Performance Work Statement to be included in each Task Order.

0005 Job OPTION Labor

FFP

The Contractor shall provide subject matter expertise services in accordance withSection C, all applicable attachments, and the fully loaded labor rates in Section B(reference Attachment A). Specific requirements will be identified through Performance Work Statements (PWS) to be included in each individual task order.

0006 Job OPTION Travel

COST

Travel must be authorized by the Contracting Officer's Representative (COR) andbe in conformance with the contract requirements (See travel as required by thePerformance Work Statement). Contractor travel required in the performance ofSME Services must comply with the Federal Travel Regulation or Joint TravelRegulations, as applicable, in effect on the date(s) the travel is performed.

Established Federal Government per diem rates will apply to all contractor travel.

0007 Job OPTION Other Direct Costs (ODCs)

COST

The Contractor shall execute all requirements for authorized other direct costs (ODC) in accordance with Section C and all applicable attachments. Specific requirements will be identified through Performance Work Statements to be included in each Task Order.

0008 Job OPTION Contractor Manpower Reporting

FFP

The Contractor shall provide all required Contractor Manpower Reporting in accordance with Section H. Specific requirements will be identified thorugh the Performance Work Statement to be included in each Task Order.

Section C - Descriptions and Specifications

SECTION C

SECTION C – PERFORMANCE WORK STATEMENT

PART 1 GENERAL

1.1 DESCRIPTION OF WORK

This Pre-placed Remedial Action Contract (PRAC) will support work assigned to the U.S.

Army Corps of Engineers (USACE) Mississippi Valley Division and the Environmental Protection Agency (EPA) Regions 5 and 7, for hazardous, toxic and radioactive waste (HTRW) remediation projects for both civilian and military agencies of the Federal Government. This contract for environmental response actions will include service and construction activities mandated by the Defense Environmental Restoration Program (DERP), Superfund, environmental compliance and pollution prevention projects under the Department of Defense Environmental Quality Program, Brownfields, Formerly Utilized Sites Remedial Action Program (FUSRAP), environmental cleanup activities under the Base Realignment and Closure (BRAC) Program, Department of Homeland Security and the Federal Emergency Management Agency (FEMA), and other environmental and homeland security laws and regulations requiring support activities for military installations, Corps' civil works projects, and work for other federal agencies. The DERP projects will include Installation Restoration Program (IRP) activities on active Army and Air Force installations and on Formerly Used Defense Sites (FUDS).

1.2 SCOPE OF WORK

The contracts to be awarded will require personnel, plant, and equipment to respond to numerous requests for environmental support for the U.S. Army Corps of Engineers. This Pre-placed Remedial Action Contract (PRAC) will primarily support work assigned to the U.S.

Army Corps of Engineers (USACE) Mississippi Valley Division, St. Louis District. It is anticipated that the some of the work may be conducted to support U.S. Environmental Protection Agency (USEPA) Regions 5 and 7 projects. Use of this contract for work by other Corps Districts within the continental U.S. may be approved by the St. Louis District, after consultation with the MEGA Acquisition Strategy Team.

1.3 WORK SCOPE, CONTRACTOR CAPABILITY AND EXPERIENCE

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

1.4 POTENTIAL ADDITIONAL WORK SCOPE

The Contractors selected for this work may also be called upon to provide services and construction to support Department of Homeland Security and Federal Emergency Management Agency (FEMA) initiatives in the event of a terrorist threat, an actual terrorist incident, or other incident. This will require capabilities that will not specifically be evaluated under this solicitation. These capabilities may include, but not be limited to, implementing measures to reduce environmental vulnerabilities, deterring terrorism and development of capabilities to combat and manage consequences and/or responding to hazardous, toxic, or radiological threats or incidents. These activities may involve weapons of mass destruction (WMD) or other terrorist weapons. Additionally, contractors selected may also be called upon to provide services for planning, design, and construction of measures required for population, area, and infrastructure and other protection efforts to include security engineering, vulnerability surveys, application of engineering evaluations and/or modifications of facilities to deter, defend against, and mitigate the effects of environmental threats, disasters, and attacks.

1.5 BACKGROUND INFORMATION

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

1.6 DESCRIPTION OF TASK ORDER

The Contracting Officer or their authorized representative will provide the Contractor with a Scope of Work or a Performance Work Statement for work or service required. Performance based Task Orders will be issued against the awarded MATOCs pending the required approval is received in accordance with AFAR 5137.170-2. The Contractor shall provide the Government with a cost estimate within 30 days of the request unless specifically requested otherwise, depending on the work/Task Order. Optional tasks to be included in an individual Task Order shall be proposed by the Contractor in accordance with FAR Clause 52.236-28 Preparation of Proposals - Construction, DFARS 252.236-7000 Modification Proposals – Price Breakdown, and other applicable sections within the contract. The Contractor's proposal shall be supported by necessary documentation such as drawings, calculations, catalog cuts, specifications, and architectural renderings, to indicate that adequate engineering and planning to accomplish the requirement has been done. Task Orders will be competed among all members of the MATOC pool. All Task Orders will be solicited and competed in accordance with procedures in FAR 16.505. The Contractor will not be reimbursed for the cost of Task Order proposal preparation.

1.7 SITE-SPECIFIC SUBMITTALS.

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

Submittals will be identified within each Task Order. Following are standard submittals required for all Task Orders unless otherwise specified:

1.7.1 Work Plan

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

1.7.1.1 Work to be accomplished.

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

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

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

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

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

1.7.1.7 Plans as listed below, as required.

1.7.2 Health and Safety

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

1.7.3 Sampling and Analysis

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

1.8 SUBMITTAL PROCEDURES

1.8.1 Submittals are those required and further described in the Statement of Work specifications of each individual Task Order. Procedures for submitting documents for Government review will be detailed in each individual Task Order. Submittals are classified as follows:

1.8.1.1 Government Approved

Government approval is required for extensions of design, critical materials, deviations, equipment whose compatibility with the entire system must be checked, and other items as designated by the Contracting Officer. Within the terms of the Contract Clause entitled "Specifications and Drawings for Construction," they are considered to be "shop drawings." Shop drawings shall be submitted in ample time (no less than 30 days or as defined in the Task Order) to secure approval prior to the time the items covered thereby are to be delivered to the site. ENG Form 4025 shall be used for the transmittal of shop drawings.

1.8.1.2 Information Only

All submittals not requiring Government approval will be for information only.

They are not considered to be "shop drawings" within the terms of the Contract Clause referred to above.

1.8.2 Approved Submittals

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

1.8.3 Disapproved Submittals

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

1.8.4 Withholding of Payment

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

1.8.5 Approval of Submittals

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

1.8.6 Deviations

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

1.8.7 Control of Submittals

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

1.8.8 Information Only Submittals

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

1.8.9 As-Built Drawings.

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

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

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

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

PART 2 - PRODUCTS (Not Applicable)

PART 3 - EXECUTION

3.1 ENVIRONMENTAL REQUIREMENTS

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

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

3.2 PERMITS/LICENSES

The Contractor shall meet the substantive and/or administrative requirements of all Environmental Permits, Licenses, and/or Certificates required by each Task Order. The Professional Corporation and/or Professional Engineer requirements for any work requiring professional registration in applicable states and other similar requirements will be specified in individual task orders. Provide the Contracting Officer or designated representative with copies of all required permits, permit equivalencies, licenses, and certificates. All required clearances, such as digging permits and utility locates, shall be obtained prior to initiation of drilling or excavating operations and are the responsibility of the contractor.

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

The Contractor shall ensure that their personnel and all potential off-site receptors from chemical, physical, and/or biological hazards, complies with all Federal, State, and local laws and regulations. The Contractor shall utilize the services of a Regulatory Specialist (see paragraph: 3.7.11, Regulatory Specialist) experienced in hazardous waste manifesting and hazardous waste site operations. If the information that is available is insufficient to allow the Contractor to develop these documents, a description of all additional information required shall be prepared and submitted to the Contracting Officer, prior to the commencement of work.

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

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

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

3.3.1.1 Transportation

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

3.3.1.2 Identification of the Disposal Facility

The Contractor shall characterize the waste stream to determine the most cost-effective TSDF facility which is in compliance with Federal, State, and local laws and regulations. A minimum of three quotes will be submitted with each Proposal for treatment, storage, or disposal of each waste stream. For each quote the Contractor shall provide the facility name, location, point of contact, telephone number, unit cost, total cost for treatment, storage or disposal, transportation, taxes, and disposal fees.

Additionally, the Contractor shall provide in the Proposal a list of all TSDF facilities contacted, regardless if a quote was not received. The list shall state the facility name(s), location, point of contact, telephone number, and reason quote was not received. Based on the information received during this process, the Contractor shall provide within the Cost Proposal the name, location, point-of-contact, identification, and N.O.V. status of the selected disposal facility.

3.3.1.3 Shipment Tracking

The Contractor shall notify the KO if shipments to the TSDF are within the required time frames and provide all required reports if receipt has been delayed (i.e.

discrepancy reports or exception reports. See paragraphs titled “Discrepancy Reports”, and “Exception Reports” for details.) The Government shall not be liable for any delays caused by the selected carrier. Any delays caused by the Disposal Facility (if waste is being disposed of separately under the Government’s current waste disposal contracts) shall not exceed the special damages costs that can be recouped by the Government under those contracts.

3.3.1.4 Tracking of Hazardous and/or Solid Wastes

Hazardous and/or solid wastes shall be removed from the site by the Contractor and disposed of at a facility approved by the KO. The Contractor shall receive written acceptance from the TSDF prior to mobilization for Transportation and Disposal (T&D).

The Contractor shall submit and utilize a tracking system acceptable to the KO. In instances where characteristic wastes are deactivated on site or at the TSDF and sent to a Subtitle D facility, the Contractor will follow appropriate notification and certification requirements under 40 CFR 268.9. This information shall be presented in the Final Report covering field activities.

3.3.1.5 Certification

An integral part of the certification procedure is proper identification of waste streams.

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

3.3.2 Complete Manifest Package

The Complete Manifest Package consists of, at a minimum, all hazardous waste manifests, PCB manifests, hazardous material shipping papers, waste profile sheets, the land disposal restriction notification and certification forms, and all other supporting documentation.

Supporting documentation shall include waste disposal history, all analytical results, Material Safety Data Sheets available, and any other information received in identifying the proper waste code. The Contractor shall also include as part of the supporting documentation, the specific type of inner and outer packaging, markings, labeling, and placards offered to the transporter. The Contractor shall also comply with the requirements below.

3.3.2.1 Preparation

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

3.3.2.2 Submittal

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

3.3.2.3 Approval

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

3.3.2.4 Designation of Generator

The generator and signer of Hazardous Waste Manifests, Waste Profile Sheets, and Land Disposal Restriction Notifications and Certifications shall be identified by the KO as soon as possible. The Contractor shall submit a fully executed and Complete Manifest Package, including final disposition information, covering all solid and hazardous waste disposal under this contract as an appendix in the Final Report covering the field activities, as well as the above information and quantities shipped.

The Contractor may sign the manifest “For U.S. Army Corps of Engineers” if required by a specific Task Order.

3.3.2.5 Transportation of the Manifested Waste

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

3.3.2.6 Generator Status

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

3.3.3 Transportation and Disposal Reporting Requirements

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

3.3.3.1 Hazardous Waste Manifest Annual and/or Biennial Reporting

Requirements

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

3.3.3.2 Tabulated Waste Handling Information

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

3.3.3.3 State Reporting Requirements

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

3.3.3.4 Transportation and Disposal Tracking Form

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

3.3.3.5 Discrepancy Report

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

3.3.3.6 Exception Reports

The Contractor shall verify if the generator or generator's representative has received a copy of the signed manifest from the TSDF on or before the 35th day after transporter signature. If the generator or generator's representative has failed to receive a signed copy of the manifest by the 44th day, the Contractor shall prepare a draft EPA exception report for KO approval. The Final Exception Report shall be submitted to the KO no later than the 45th day after transporter signature. This information shall also be presented in the Final Report. Prior to official submittal of Exception Report, a draft copy of the report shall be submitted to the KO for review. The Government will make every effort to conduct the approval process within five (5) working days after the KO receives the complete Exception Report.

3.3.3.7 Toxic Substance Control Act PCB Reporting Requirements

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

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

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

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

d. arrange for the proper disposal of the waste; and, when disposal is completed, certify that the PCB contaminated material was disposed properly in accordance with all Federal, State, and local laws and regulations; and

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

3.3.3.8 On-Site Personnel

The Contractor shall utilize a trained, experienced on-site person to ensure that all on-site procedures for transportation and disposal of hazardous wastes are implemented and enforced on-site. The on-site person responsible for certification shall be trained as per D.O.T. regulations. The on-site person's qualifications shall be approved by the KO.

3.3.4 Contractor Responsibilities

The Contractor is responsible for total management of their Transportation and Disposal procedures including scheduling, control, and certification of all manifest submittals. An integral part of the certification procedure is proper identification of listed waste streams. The

Contractor is responsible for reviewing generator supplied site documentation and…