W912PL21R0009 FUDS MATOC 3.26.2021.pdf

RFP NO. W912PL21R0009

U.S. ARMY CORPS

OF ENGINEERS

LOS ANGELES DISTRICT

MULTIPLE ENVIRONMENTAL

GOVERNMENT ACQUISITION (MEGA)

FORMERLY USED DEFENSE SITES (FUDS)

AND

ENVIRONMENTAL REMEDIATION

SERVICES (ERS)

MULTIPLE TASK ORDER AWARD (MATOC)

Various Locations to include but not limited to California, Nevada, Arizona

REQUEST FOR PROPOSALS

Solicitation and Specifications

FULL AND OPEN

March 2021

CODE

(Hour)

PAGE(S)

until local t ime

X

A X B X C

D

EX

X G F 76

X H michael.g.robinson@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)

1 358

(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.

W912PL 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 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)

MICHAEL G ROBINSON 213-452-3311

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 5

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

6 - 38 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

40 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 41 - 42 X

SPECIAL CONTRACT REQUIREMENTS

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

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

44 - 47

PART II - CO NTRACT CLAUSES

USACE, LOS ANGELES DISTRICT

CONTRACTING DIVISION

915 WILSHIRE BLVD, SUITE 930

LOS ANGELES CA 90017 213-452-3242

213-452-4187FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

48 - 75

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

26 March 2021

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W912PL21R0009

Proposals shall be submitted Electronically. See Section L, Para 2.5 2pm 30 June 2021

Formerly Used Defense Sites (FUDS) W912PL21R0009 Military Munitions Response Program (MMRP) Multiple Award Task Order (MATOC)

Section B

Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 49,500,000 Job 3 year ERS and MMRP

FFP

IDIQ MATOC, $49.5 Million Capacity for the MMRP program primarily in support of the U.S. Army Corps of Engineers, Los Angeles, but may be used within South Pacific Division.

FOB: Destination

PSC CD: F108

NET AMT

0002 Job Option to Extend Services

FFP

In accordance with FAR 52.217-9 -- Option to Extend the Term of the Contract.

The government reserves the right to extend the terms of this contract by two (2) years. And will provide the contractor a preliminary notice of one (1) day.

0003 Job Option to Extend Services

FFP

In accordance with FAR 52.217-8 -- Option to Extend Services -- the total extension of performance hereunder shall not exceed 6 months.

Should the Government exercise its right to extend the contract under FAR Clause 52.217-8 the Contractor will be required to hold it’s labor rates to the accepted rates identified in the Binding Labor Rates Schedule - Year 5 Burdened Labor Rate, except for any revisions to the prevailing labor rates provided by the Secretary of Labor.

FOB: Destination

Section B - Rates and General Services & Price/Costs

1. CONTRACT DEFINITION

The Government intends to award one (1) $49.5M Regional South Pacific Division (SPD) IDIQ MATOC, as a result of this solicitation for a total value of $49,500,000.00. The IDIQ MATOC will be at Formerly Used Defense Sites (FUDS) for Environmental Remediation Services (ERS) and Military Munitions Response program (MMRP) under NAICS Code 562910, in support of the U.S. Army Corps of Engineers (USACE), Primarily to be used within the Los Angeles District (SPL), South Pacific Division (SPD) and existing SPD customers. Firm fixed price task orders will be issued against the IDIQ contracts. Task orders under this contract will also be in support of new SPD customers within the geographic boundaries of SPD.

The Strategy under MEGA is to award up to five (5) contracts for this MATOC; however, if the Contracting Officer determines during the source selection process that fewer than that number of contracts should be awarded, the Contracting Officer has the discretion of adjusting that number, or awarding none at all. In any case, the Government may not award any contract if the resulting contract would not represent a "best value" to the Government using trade-off selection procedures as required by the federal acquisition regulations and guidance.

Please ensure this NAICS code 562910 is incorporated in your current SAM registration at www.sam.gov.

Failure to have this NAICS code current in SAM may result in not being considered for the award.

2. ELIGIBILLTY

The contract is a Full and Open Offer and all responsible sources are permitted to compete.

3. TOTAL AMOUNT OF CONTRACT

The total amount of capacity among all contractors awarded contracts under this solicitation shall not exceed $49.5M. There is no limit of the number of task orders that may be executed against this contract.

4. GUARANTEED CONTRACT AMOUNT

Each contract awarded under this solicitation shall have a guaranteed base period minimum amount of $2,500.00. The guaranteed minimum will be met with the obligation of a task order meeting or exceeding the guaranteed amount or will be funded on the basic contract.

5. PERFORMANCE PERIOD

This MATOC will have a period of performance period of three base (3) years, with the one option period for two

(2) years from date of contract award http://www.sam.gov/

6. PRICING

6.1 Binding Labor Rate Schedule. The Binding labor rates for use on this contract are provided in the following schedule.

BINDING LABOR RATE SCHEDULE

Base Period

(Year 1)

Base Period

(Year 2)

Base Period

(Year 3)

Option Year 1

(Year 4)

Option Year 2

(Year 5)

6-Month Option to

Labor Discipline Extend Period

Program Manager

Project Manager

Contractor Quality control Manager

(CQCM)

Safety and Health Manager

Site Safety and Health Officer (SSHO)

Senior Project Chemist

Civil/Project Engineer

Senior Project Geophysicist

Quality Control Geophysicist

Regulatory Specialist

Hazardous Materials Inspector

Senior

Archaeologist/Historian

Senior Biologist/Botanist

Project Risk Assessor/Toxicologist

Technical Editor

MMRP

(Disciplines restricted to task order requests with MMRP capabilities)

Senior UXO Supervisor

(SUXOS)

UXO Safety Officer

(UXOSO)

UXO Quality Control Specialist (UXOQCS)

6.1.1. The hourly burdened labor rates proposed in Binding Labor Rate Schedule are binding upon contract award for the life of the MATOC.

6.1.2. The hourly burdened labor rates shall include direct cost, payroll taxes, insurance, benefits, and any other applicable labor costs, but shall exclude profit.

6.1.3. The binding hourly rates represent the maximum labor rates that the contractor shall use when responding to a Request for Task Order Proposal (RTOP) issued by the Government. These binding rates shall also apply to all modifications. The contractor may propose a lower hourly rate for these labor disciplines when responding to the RTOP based on the tasks identified in the RTOP or modification requests.

6.1.4. Adherence to these rates will be reviewed through submittal of supporting documentation by the contractor with each task order proposal. Failure to propose the binding hourly rate or a lower rate for the listed labor disciplines may result in the Contractor’s task order proposal being rejected for award consideration.

6.1.5. If a discipline is not listed in the contract rate pricing schedule and is required for the contractor to perform a specific task order, the contractor may propose the required labor category and the associated fully burdened labor rate (exclusive of profit) in the proposal submitted in response to the issued RTOP.

6.1.6. If during the Contract Period of Performance, the Contractor’s original personnel are no longer available, the Contractor shall find personnel that have the same qualifications as the previous personnel. The Contractor shall be responsible for negotiating the labor rates for those personnel that have been provided in Binding Labor Rate Schedule. The rates provided in Binding Labor Rate Schedule are the maximum that will be paid by the Government for any replacement personnel.

6.1.7. The maximum rates shall be governed by the effective date of the Task Order. 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” binding labor rate schedule. For example, if the rate schedule changes over on 1 November of each year, and a Task Order is issue on 1 September 2018 for 12 months work, the maximum rates will be the rates that were effective on 1 November 2018. Under the same assumptions, if a modification to the Task Order is required in December 2018, the labor rates effective on 1 November 2018 will apply.

6.2 Binding Cap Rates. The Binding cap rates for use on this contract are provided in the following schedule.

BINDING CAP

RATES

Base

Period Year 1

Base Period Year 2

Base Period Year 3

Option Period Year 4

Option Period Year 5

Overhead* Rate

G&A Rate* % % % % % Annual Escalation

Other % % % % % (identify):

*May be substantiated by DCAA at a later time

6.2.1. The Binding Cap Rates represent 1) a breakout of the caps/markups incorporated into the Binding Labor Rate Schedule; 2) caps/markups on materials/services; and 3) caps/markups to be applied to future task order modifications.

6.2.2. The Binding Cap Rates represent the maximum rates that the Contractor shall use when responding to a task order request issued by the Government. These Binding Cap Rates shall also apply to all modifications. The Contractor may propose lower rates for these when responding to the task order request or modification requests.

6.2.3. Adherence to these rates will be reviewed through submittal of supporting documentation by the Contractor with each task order proposal. Failure to propose the binding rates or a lower rates may result in the Contractor’s task order proposal being rejected for award consideration.

6.2.4. The Binding Cap Rates shall be governed by the effective date of the Task Order. 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” Binding Cap Rate schedule. For example, if the rate schedule changes over on 1 November of each year, and a Task Order is issued on 1 September 2018 for 12 months work, the maximum rates will be the rates that were effective on 1 November 2017. Under the same assumptions, if a modification to the Task Order is required in December 2018, the Binding Cap Rates effective on 1 November 2018 will apply.

6.3 Binding Profit Rate. The Profit rate shall be determined at the task order level.

6.4 General.

6.4.1 The amount to be paid to the Contractor for each firm-fixed price task order shall be based on the binding labor rates for the disciplines listed in Paragraph 6.1, the binding cap rates listed in Paragraph 6.2, the binding profit rate cap listed in Paragraph 6.3 and any proposed travel (which has been accepted by the Government) per Paragraph 8.

6.4.2 Applicable Department of Labor Wage Rates (FAR 52.222-41) and Statement of Equivalent Rates for Federal Hires (FAR 52.222-42) will be included at the individual task orders level when the site and location for the work is known.

6.4.3 The Government reserves the right to request information other than certified cost or pricing data from the contractor at the task order level to assess the reasonableness of the proposed task order pricing.

6.4.4 The Government will analyze task order proposals to determine whether they are unbalanced with respect to prices or separately priced line items. Task order proposals that are determined to be materially unbalanced may be rejected. An offer is mathematically unbalanced if it is based on prices, which are significantly less than the cost for some contract line items and significantly overstated in relation to cost for others. In addition, a proposal is materially unbalanced if it is mathematically unbalanced and there is a reasonable doubt that the offer would result in the lowest overall cost to the government, even though it is the lowest evaluated offer.

7. DEPARTMENT OF LABOR WAGES

Be advised that each Task Order Department of Labor Wage Determination, California, San Diego County, 2015-5635, Rev 14, date December 21, 2020 are attached in Section J of this solicitation. For individual task orders written against the contract, the appropriate Department of Labor Wage Determination and Statement of Equivalent Rates for Federal Hires will be provided.

8. TRAVEL

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 https://www.gsa.gov/travel/plan-book/per-diem-rates

Privately owned vehicles shall be paid at the current Government mileage rate in accordance with the FTR.

https://www.gsa.gov/travel/plan-book/transportation-airfare-pov-etc/privately-owned-vehicle-pov-mileage-reimbursement-rates

(End of Statement)

-END OF SECTION-

https://www.gsa.gov/travel/plan-book/per-diem-rates https://www.gsa.gov/travel/plan-book/transportation-airfare-pov-etc/privately-owned-vehicle-pov-mileage-reimbursement-rates https://www.gsa.gov/travel/plan-book/transportation-airfare-pov-etc/privately-owned-vehicle-pov-mileage-reimbursement-rates

Section C

Descriptions and Specifications

PERFORMANCE WORK STATEMENT (PWS)

for Multiple Environmental Government Acquisition (MEGA)

Multiple Award Task Order Contract (MATOC) Indefinite Delivery Indefinite Quantity (DIQ) for Environmental Remediation Services (ERS) to support the Formerly Used Defense Site (FUDS) within

California, Nevada, Arizona, New Mexico United States Army Corps of Engineers, Los Angeles District

Solicitation No. W912PL21R0009 18 November 2020

1. GENERAL INFORMATION

PART 1

General Information

1.0 Introduction:

This is a non-personal services regional Multiple Award Task Order Contract (MATOC) acquisition utilizing performance-based task orders to provide Environmental Remediation Services (ERS). The task orders under this solicitation will be Indefinite Delivery Indefinite Quantity (IDIQ) contracts for ERS in support of the U. S. Army Corps of Engineers (USACE) South Pacific Division and their customers. Projects will primarily be in California, Nevada, Arizona, but may be used within the SPD footprint. The contracts awarded will include performance based, firm-fixed price features for a wide range of environmental services at various known or suspected Military Munitions Response Program (MMRP) sites, Formerly Used Defense Sites (FUDS) and Hazardous, Toxic, and Radioactive Waste (HTRW) sites. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform ERS as defined in this Performance Work Statement (PWS) except for those items specified as Government furnished property and services. The Contractor shall perform to the standards in this contract.

Work may be executed under performance-based task orders using PWS. A PWS structures all aspects of the task order 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. It maximizes Contractor control of work processes and allows for innovation in approaching various work requirements. A PWS will 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.

1.1 Description of Services:

Task orders under this contract will primarily be in support of the United States Army Corps of Engineers (USACE) but may be used within the, Los Angeles District (SPL) South Pacific Division (SPD) footprint Formerly Used Defense Site (FUDS) Program primarily throughout California, Nevada, Arizona. Task orders will be issued as firm-fixed price based on the requirements of the PWS at various known or suspected MMRP or HTRW sites. The exact locations of specific projects will be designated under each Task Order PWS. Services to be performed for USACE SPL are defined by North American Industry Classification System (NAICS) code 562910, Environmental Remediation Services.

1.2 Task Order Objective and Scope:

The task orders issued under this MATOC will be to provide services in accordance with the Resource Conservation and Recovery Act (RCRA); the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA); the National Oil and Hazardous Substances Pollution Contingency Plan (NCP); National Pollutant Discharge Elimination System (NPDES); MMRP; and other related Federal Programs in addition to State and local regulations. Services that may be required in an ERS task order include, but are not limited to:

• Military Munitions Response

• Advanced Geophysical Classification (AGC)

• Preliminary Assessments (PA)

• Site Inspections (SI)

• Remedial Investigations (RI)

• Feasibility Studies (FS)

• Proposed Plan (PP)

• Decision Documents (DD)

• Record of Decision (ROD)

• Remedial Designs

• Remedial Actions

• Monitoring Well Installation and Sampling

• Short and Long Term Monitoring/Long Term Operations (LTM/LTO)

• Long Term Response Action (LTRA)

• Engineering

• Removal Actions

• Hazardous Materials Surveys

• Risk Assessments

• Pollution Prevention

• Solid Waste Management

• Environmental Compliance

• Natural Resources and Wildlife Management

• Cultural and Historic Resources Management

• Restoration Advisory Board Assessments

• Community Relations

• Records Management

• Environmental Data Management

• Other Environmental Consulting Services

1.3 Period of Performance:

The MATOC period of performance shall be for three (3) year base period, with one, two (2) year option periods.

Total length of the contract will not exceed five (5) years from date of contract award, unless the 6-month option is exercised.

1.4 Total Amount of Contract:

The total amount of the MATOC with shared contract capacity among all Contractors awarded contracts under this solicitation shall not exceed $49.5 million.

1.4.1 Place of Performance: The work to be performed under this contract will be performed at Formerly Used Defense Sites that are located in California, Nevada, Arizona.

1.4.2 Type of Contract: This MATOC is Firm Fixed-Price (FFP). FFP project specific task orders will be issued under the basic contract.

1.4.3 Work Week: For each task order of this MATOC, the Contractor shall propose a workweek schedule, detailing the number of days and hours/day per work week, for each phase of field activities. The proposed schedule will be submitted either as part of the Project Management Plan (PMP) and updated as needed by letter through the USACE Project Manager (PM) for approval by the Contracting Officer’s Representative (COR) prior to mobilization. If the workweek schedule is rejected, the Contractor will propose a new schedule and the same process will be repeated until an acceptable schedule is approved. Once the schedule is set, any changes such as increase in daily hours or additional work days must be requested through the USACE PM for approval.

1.4.4 Recognized Holidays: The following holidays are recognized as Federal holidays and Government offices will not be open.

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

1.5 General:

The Contractor, operating as an independent Contractor and not as an agent of the Government, shall provide all labor, materials, facilities, transportation and equipment to perform all work identified in each individual task order.

The Contractor may be required to perform work under multiple task orders at different sites simultaneously. The Contractor shall be cognizant of all appropriate laws, regulations, and guidance. The Contractor shall ensure that all work activities performed by his personnel, subcontractors and suppliers are executed as required by these laws and regulations. Any incident of noncompliance noted by the Contractor shall immediately be brought to the attention of the Contracting Officer (KO) and/or the COR by written notice. Nothing in this contract shall relieve the Contractor of the responsibility to comply with these laws and regulations. Any conflicts between laws/regulations and contract/task order requirements shall be brought to the attention of the KO and/or COR.

1.6 Performance-Based Task Orders/Contracts:

Performance-based service tasks orders/contracts:

• Describe the requirements in terms of results required rather than methods of performing the work;

• Use measurable performance standards (e.g., terms of quality, timeliness, quantity, etc.);

• Specify procedures for reductions in fee and/or price for deficient services; and

• Include performance incentives/disincentives where appropriate.

Performance-based contract methods are intended to ensure that required performance quality levels are achieved and that the Government’s total payment is commensurate with the quantity and quality of services received.

Performance-based task orders with a task order specific Quality Assurance Surveillance Plan (QASP) will be issued in accordance with (IAW) Federal Acquisition Regulation (FAR) 37.102.

1.7 Prosecution of the Work:

The Contractor shall furnish sufficient technical supervisory and administrative personnel at all times to ensure prosecution of the work in accordance with the contract and task orders issued under the basic contract. The Contractor shall ensure that the work is executed in a professional manner and is prosecuted vigorously. The Contractor shall be responsible for checking all data, notes, and other work products to verify the work intent and scope of work have been met. The description of work stated herein provides a general understanding of the Contractor functions to be performed. Individual task orders will contain the specific performance based requirements. Technical requirements described herein in no way limit the activities that may be required under the terms of this contract.

1.8 Work Authorizations:

Any work done without being directed to do so, in writing, by the KO will be done at the Contractor's own risk.

Work beyond the original scope shall be accomplished only at the direction of the KO. The Contractor shall not proceed or initiate any successor level of work prior to receipt of approval of the preceding level.

1.9 Permits:

The Contractor shall obtain all permits and licenses necessary to conduct the work required by this Contract including, but not necessarily limited to, environmental permits, building permits, discharge, Nuclear Regulatory Commission or state license for radiation activities, Department of Transportation (DOT) permits for transport of HTRW on public highways and any permit, license or compliance document necessary to meet all Federal, State, and local laws, regulations, or ordinances. Rights of Entry (ROE) on and off private, State and Federal property may be required. All permit acquisition and requirements shall be coordinated with the Government personnel, unless specifically necessary for the operations of the Contractor.

1.10 Accreditation Requirements:

The Contractor, or Subcontractor in charge of performing any geophysical work, must be accredited in accordance with the Department of Defense (DoD) Advanced Geophysical Classification Accreditation Program (DAGCAP).

DAGCAP accreditation and AGC requirements shall be in compliance with the Office of the Secretary of Defense (OSD) Policy Memo dated 11 April 2016 and the Formerly Used Defense Sites (FUDS) AGC Policy Memo dated 6 January 2017. The DAGCAP accreditation must be current at the time of signing the final QAPP and throughout all fieldwork, analysis, data usability assessment, and reporting. The DAGCAP quality control geophysicist will review and accept all data collected to support AGC, including detection surveys and intrusive investigation. It is not anticipated that all task orders will require geophysical work.

Laboratories providing services to the Department of Defense, including USACE, must be accredited for the DoD Environmental Laboratory Accreditation Program (DoD ELAP) by a DoD approved Accrediting Body (AB). The DoD QSM v 5.3 is ISO/IEC 17025:2005(E) ISO/IEC 17025:2017(E) and The NELAC Institute (TNI) Standards, Volume 1, September 2009. As an element of the DoD ELAP, all laboratories must demonstrate the ability to generate acceptable results from the analysis of proficiency-testing (PT) sample(s), subject to availability, using each applicable method in the specified matrix. DoD ELAP accreditation establishes that laboratories have an established and documented laboratory quality system that conforms to ISO/IEC 17025:2005(E) ISO/IEC 17025:2017(E) and The NELAC Institute (TNI) Standards as implemented by the most recent version of the DoD Quality Systems Manual for Environmental Laboratories.

In addition to DoD ELAP accreditation the laboratory shall hold current accreditation for all appropriate fields-of-testing in the State holding regulatory over-sight for the project. This is usually accomplished by the laboratory holding a current National Environmental Laboratory Accreditation Program (NELAP) accreditation for all appropriate fields-of-testing. However, for projects in States that have certification requirements under a State specific laboratory program, certification under that program is required. Proof of current accreditation / certification for the applicable fields of testing is required prior to the laboratory acceptance of any samples for the project.

1.11 Quality Management:

1.11.1 The Contractor is responsible for the control of product quality and for offering to the Government for acceptance only those products/services that conform to contractual requirements. Quality control (QC) and quality assurance (QA) shall be developed and prepared in accordance with the Uniform Federal Policy for Quality Assurance Project Plans (UFP-QAPP) and EM 200-1-15.

1.11.2 Task Orders having AGC will be managed in accordance with the quality management system of the accredited geophysical classification organization (GCO). All work performed in relation to AGC shall be managed under the GCO’s quality system, including surface clearance activities, geophysical mapping and source identification and selection activities, and intrusive investigations.

1.12 Quality Control (QC):

The Contractor shall develop and maintain an effective quality control program (QCP) to ensure services are performed in accordance with this Base PWS and specific Task Order PWSs. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s QCP is the means by which they ensure that their work complies with the requirement of the contract. The Contractor shall provide the Government a copy of the QC plan when requested.

Contractor Quality Control is the means by which the Contractor ensures that the work, to include that of subcontractors and suppliers, complies with the requirements of the contract task order. The control shall be adequate to cover all operations, including both on- and off-site activities. Operations will be permitted to begin only after acceptance of UFP-QAPP. The Contractor is responsible for quality control and shall establish and maintain an effective quality control system. The quality control system shall consist of plans, procedures, and organization necessary to produce an end product that complies with governing regulations and contract task order requirements.

The Contractor’s quality control program shall include inspections and tests dependent on the task performed. The Contractor shall maintain current records providing factual evidence that required quality control activities and/or tests have been performed. These records shall include the work of subcontractors and suppliers. The Contractor shall notify the Contracting Officer of any detected noncompliance of work performed with established quality control criteria. The nonconformance report shall include the cause of the nonconformance, proposed corrective action(s), and effect on the nonconformance

1.13 Quality Assurance (QA):

The Government shall evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP) included with each task order. This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum satisfactory performance threshold. The QASP highlights key quality management activities, tasks or events that the COR will use to determine when Army inspections will be conducted to assess progress toward and/or completion of milestones. Failure to adequately complete any service or submittal to at least a satisfactory level of quality or timeliness may result in a repeat of the work at the Contractor’s expense, or a poor performance evaluation, or both.

1.14 Security:

The Contractor shall provide site security (e.g. fencing or guard service) as required by each individual task order.

However, at a minimum, the Contractor shall maintain the site and all other Contractor controlled areas in such a manner as to minimize the risk of injury or accident to site personnel or others who may be in the area. Work on or near roadways shall be carefully marked with lights and barricades meeting State and local regulations or, where such regulations are not applicable, deemed adequate to minimize the risk of an accident. Open excavations that pose a danger to site personnel or others shall be fenced to prevent accidental entry. Side slopes of excavations shall be shored or left at a safe angle of repose as defined by OSHA 1926.650-652 and EM 385-1-1, Section 25. All equipment, when not in operation, shall be left in a safe manner (e.g., wheels blocked and buckets on the ground).

Near residential areas where there may be children, special consideration shall be given to site security/safety needs.

The Contractor shall be responsible for safeguarding all Government equipment, information, and property provided for Contractor use. After each task order award, the Contractor shall implement iWATCH and/or CorpsWatch Training. The Contractor and all associated subcontractors shall brief all employees on the local iWATCH, CorpsWatch, or See Something, Say Something program (training standards provided by the requiring activity anti-terrorism officer (ATO). This local 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 COR. This training shall be completed within 30 days of each task order award and within 30 calendar days of new employees commencing performance with the results reported to the COR.

Security and Antiterrorism/Operations Security (AT-OPSEC):

The following specific Federal Acquisition Regulation (FAR) clauses are part of this contract: FAR 52.222-50 Combating Trafficking in Persons and FAR 252.225-7043, Anti-Terrorism Force Protection.

Additional FAR clauses may be included as part of the contract.

1. AT Level I Training: All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum.

2. Access and General Protection/Security Policy and Procedures: All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

2a. 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.

2b. Contractors who do not require a Common Access Card (CAC) but require access to DOD facilities or Installations: 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.

4. Suspicious Activity Reporting Training i.e. iWATCH and/or CorpsWatch Training. The Contractor and all associated subcontractors shall brief all project field employees on the local iWATCH, CorpsWatch, or See Something, Say Something program (training standards provided by the requiring activity Anti-Terrorism Office [ATO]). 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 COR. 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 no later than (NLT) 5 calendar days after completion of the training.

5. Contractor Employees Who Require Access to Government Information Systems. All contractor employees with access to a government info system must be registered in the Army Training

Certification Tracking System (ATCTS) at commencement of services, and must successfully complete the DOD Information Assurance Awareness prior to access to the information systems and then annually thereafter in accordance with personnel security standards listed in AR 25-2 (Information Assurance), an appropriate background investigation will be conducted prior to accessing the government information systems."

6. For Contracts that Require an OPSEC Standing Operating Procedure/Plan. The Contractor shall develop an OPSEC SOP/Plan within 90 days of contract award. The OPSEC SOP/Plan must be reviewed and approved by the RA OPSEC Officer. The SOP/Plan will include the government's critical information, why it needs to be protected, where it is located, who is responsible for it and how to protect it. In addition, the contractor shall identify an individual who will be an OPSEC Coordinator.

7. For Contracts that Require OPSEC Training. All new contractor employees will complete Level I

OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. OPSEC awareness training is available at the following websites: https://www.iad.gov/ioss/ or http://www.cdse.edu/catalog/operations-security.html; or it can be provided by the RA OPSEC Officer in presentation form which will be documented via memorandum.

8. For Information assurance (IA)/information technology (IT) training. All contractor employees and associated sub-contractor employees must complete the DoD IA awareness training before issuance of network access and annually thereafter. All contractor employees working IA/IT functions must comply with DoD and Army training requirements in DoDD 8570.01, DoD 8570.01-M and AR 25-2 within six months of employment.

9. For information assurance (IA)/information technology (IT) certification. All contractor employees supporting IA/IT functions shall be appropriately certified upon contract IAW DoD 8570.01- M, DFARS 252.239-7001 and AR 25-2. The baseline certification as stipulated in DoD 8570.01-M must be completed upon contract award.

15. Pre-screen project personnel using E-verify Program. The Contractor must pre-screen project personnel using the E-verify Program http://www.dhs.gov/E-verify website to meet the established employment eligibility requirements. The Contractor must ensure the correct information is entered into the E-verify system. An initial list of verified/eligible candidates must be provided to the COR no later than 3 business days after the initial contract award. The list will be updated as candidates are added to the team.

-End of AT-OPSEC required clauses-

1.15 Post Award Conference/Periodic Progress Meetings:

The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation (FAR) Subpart 42.5. The KO, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the KO will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.16 Contracting Officer Representative (COR):

The COR will be identified by separate letter for each task order. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, specifications; monitor Contractor's performance and notifies both the KO and Contractor of any deficiencies; coordinate availability of Government Furnished Property (GFP); and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.17 Contractor Travel:

The Contractor will be required to travel within the Continental U.S. (CONUS) during the performance of this contract to attend site visits, meetings, et cetera. Contractor will be authorized travel expenses consistent with the substantive provisions of the Joint Travel Regulation (JTR).

1.18 Data Rights:

The Government has unlimited rights to all documents/material produced under this contract. The information and materials collected or produced by the Contractor, subcontractor(s), or associates during the performance of services under this contract shall become the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. The information, documents and materials shall not be used or sold by the Contractor, subcontractor, or associates without written permission from the KO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.19 Ordering:

To clarify the contract clause "Ordering" the following shall apply.

1.19.1 It is the governments intent to issue a preliminary notice to all contractors in the MATOC pool that a new requirement/task order will be forth coming. The government is committed to ensuring that competition is achieved to the maximum extent possible. Those Contractors who show interest should respond in writing in order to ensure that the solicitation is provided to their firm.

Services for each task order may be requested either verbally or in writing, including requests made via email or telecommunication. Inquiries for expressions of interest regarding Task Order Requests for Proposals will be issued by the KO or authorized representative(s). Any type of request for proposal shall not be interpreted as a Notice to Proceed (NTP) with the work.

1.19.2 The Government’s Request for Proposals for individual task orders will delineate (1) general scope work; (2) location of work; (3) character and extent of services; (4) technical requirements which supplement or complement those contained in this section of this basic contract; and (5) time period(s) within which the work must be performed.

1.19.3 The Contractor will be requested to simply respond “yes” or “no” regarding potential interest in proposing on the Task Order Request for Proposal. If more than one Contractor responds “yes” to performing the requirement, a determination of whether and how to compete the Task Order between the responding Contactors will be made by the KO, as further detailed in the following subparagraphs. If all Contractors respond “no,” the KO may select a Contractor based on price and non-price related factors.

1.19.4 Under special and emergency circumstances the KO may make his/her determination regarding which Contractors are best suited for task order award based on the complexity, Contractors’ skills base, past performance, and necessity and flexibility for fulfillment of guaranteed minimum amounts and ability to meet scheduled fieldwork timeframe. The KO need not contact each Contractor before selecting an awardee for an individual task order if the KO has sufficient information available to ensure fair consideration and best value to the Government. Accordingly, the KO may make a task order award to a particular Contractor without further competition. Notwithstanding the foregoing, all Contractors will be given a fair opportunity to be considered for each task order in excess of $3,500.00 (per FAR 16.5.05).

1.19.5 In making selection of the awardee to receive a specific Task Order, the KO will consider both 1) price; and 2) at least one non-price related factor which will be specific in the Task Order Request for Proposal.

It is expected on many task orders, the ability to meet tight scheduling windows will emphasize above all other factors. The KO may request additional information, including technical and price proposals, to assist in making the determination of the awardee. The exception to this procedure will be for task orders issued under $3,500.00.

1.19.6 If necessary, discussions regarding task order requirements may be held between the prospective task order awardee and the KO's representatives to develop a mutual understanding of:

1. Type and scope of work to be accomplished, including accuracy criteria.

2. End product required by the PWS.

3. Existing site conditions, survey control, and other available data.

4. Schedule expectations in regards to field work.

5. A fair and reasonable estimated cost to perform the work.

1.19.7 Time periods within which required work must be accomplished will be defined in each task order placed against the basic contract. Each task order will contain the agreed to scope of work / performance work statement, type(s) of services(s) to be performed, specific deliverable items, and the negotiated fixed price cost for performing the work.

1.19.8 To change task order requirements, a modification may be issued at any time prior to final payment of the task order by the Government. No changes or corrections to a Task Order will be affected, or accepted by the Government, without the KO’s issuance of a written modification to the Task Order. The Contractor is not to assume any adjustments to the Task Order in any form, until or unless a modification is issued.

1.19.9 Per FAR 16-505(b)(2) The contracting officer shall give every awardee a fair opportunity to be considered for a delivery-order or task-order exceeding $3,500 unless one of the following statutory exceptions applies (1) the agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays; (2) only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized; (3) the order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order; (4) there is a conflict of interest with the existing remediation contract on a specific site or installation; (5) an awardee loses their accreditation during the period of performance; or (6) it is necessary to place an order to satisfy a minimum guarantee.

1.19.10 Per FAR 16.505(a)(10)(i), no protest under FAR 33.1 is authorized in connection with the issuance or proposed issuance of an order under a task order contract except for 1) a protest on the grounds that the order increases the scope, period, or maximum value of the contract or 2) a protest of an order…