A.2.11.3_RFPW912PP-13-R-0028.pdf

CODE

(Hour)

PAGE(S)

until local time

A B C D E

G F

H madeline.e.livermore@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 STANDARD FORM 33 (REV. 9-97)

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

(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.

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)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT

PACKAGING AND MARKING

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 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

SEC. DESCRIPTION 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)

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

PART II - CONTRACT CLAUSES

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. SOLICITATION NO.

L4CT9MEL

Typewritten Text

L4CT9MEL

Typewritten Text

L4CT9MEL

Typewritten Text

W912PP-13-R-0028

BLOCK 14 AMENDMENT CONTINUATION

ACKNOWLEDGEMENT SHEET

Block No. 14. Continuation Amendments (Number and Date of Acknowledgement)

No.:______________ Date:________________

No.:______________ Date:________________

No.:______________ Date:________________

No.:______________ Date:________________

No.:______________ Date:________________

No.:______________ Date:________________

No.:______________ Date:________________

No.:______________ Date:________________

No.:______________ Date:________________

No.:______________ Date:________________

No.:______________ Date:________________

No.:______________ Date:________________

No.:______________ Date:________________

No.:______________ Date:________________

**If necessary, this Continuation Sheet must be completed and submitted with the Offeror’s proposal.

Section B - Supplies or Services and Prices

PRICE SCHEDULE

HOURLY LABOR RATES

Multiple Award Task Order Contract (MATOC)

Environmental Consulting Services (ECS) Multiple Environmental Government Acquisition (MEGA)

DISCIPLINE

Base Hourly Rate

Fully Loaded Hourly Rate

Base Period

Year 1

Year 2

Year 3

Fully Loaded Hourly Rate

Option Period 1/Year 4

Fully Loaded Hourly Rate

Option Period 1/Year 5

1 Program Manager

2 Project Manager

Contractor Quality Control Supervisor

4 Safety & Health Manager

5 Site Safety and Health Officer

7 Geologist–Senior

8 Geologist–Junior

9 Archaeologist–Senior

10 Archaeologist–Junior

11 Biologist/Botanist–Senior

12 Biologist/Botanist–Junior

13 Chemist–Senior

14 Chemist–Junior

15 Civil Engineer–Senior

16 Civil Engineer–Junior

17 Environmental Engineer–Senior

18 Environmental Engineer–Junior

19 Hydrologist

20 Risk Assessor/Toxicologist

21 Regulatory Specialist

22 GIS Specialist

23 Community Relations Specialist

24 UXO Technician III

25 Field Technician

26 Equipment Operator/Driver

27 Word Processor

28 Clerical

Offerors are to submit their labor rates for each of the ordering periods at the time of proposal submission.

All proposed pricing will be binding and will be the maximum rates that the Offeror will use for any firm fixed-price task orders issued against the MATOCs, within the five year performance period of the contract. Lower rates may be offered at the task order level. At the Government’s discretion, proposed escalation rates may be renegotiated annually.

For each labor discipline, please annotate whether the disciplines provided is a Prime or Subcontractor.

Labor discipline designated as “UXO” applies to task orders where munitions avoidance is incidental to

ECS work.

Rates/Markups (included in the Hourly Labor Rates shown in the previous table):

Description

Year 1 Base Period

Year 2 Base Period

Year 3 Option Period

1 Year 4 Option Period

1 Year 5

Total Labor

Overhead Rate*

G&A Rate* _________%

Annual Escalation

*Must be substantiated by DCAA at a later time

The following items shall be paid at negotiated cost, plus markups identified below:

Specialized equipment and/or material __________%

Rental Equipment __________%

Reproduction __________%

Other Direct Costs including, but not limited to: telephone, shipping, mailing, and miscellaneous supplies __________%

Subcontracting Effort __________%

Multiple Award Task Order Contract (MATOC)

Environmental Remediation Services For the

U.S. Army Corps of Engineers (USACE) South Pacific Division (SPD) Multiple Environmental Government Acquisition (MEGA)

1. Use of the Words “Proposer” and “Offeror”: Whenever the word “Proposer” appears in the solicitation it shall be construed to have the same meaning as the word “Offeror.”

2. Availability of Plans and Specifications: This solicitation will be issued via Internet only. Notification of amendments shall be made via Internet only, as well. It is therefore the contractor’s responsibility to check the following address daily for any posted changes to this solicitation. For security reasons, all technical and engineering data related to this solicitation will be distributed using the Federal Business Opportunities (FBO) system. FBO is a web-based dissemination tool designed to safeguard acquisition-related information for all Federal agencies. Interested bidders must register with FBO before accessing the system. Registration instructions can be found on the FBO website at www.fbo.gov by clicking on the “Register Now” hyperlink. Contractors registered with FBO may view and/or download this solicitation and all amendments from the Internet after solicitation issuance at this site.

3. Award of Contract: The Government intends to evaluate proposals and award up to three (3) Multiple Award Task Order Contracts (MATOCs) without discussions with Offerors. If the Contracting Officer determines during the source selection process that fewer or more than three (3) contracts should be awarded, based upon the selection criteria, the Contracting Officer has the discretion of adjusting that number, or awarding none at all. The Government reserves the right to conduct discussions with contractors determined to be within the competitive range, if the Contracting Officer later determines them to be necessary.

The awarded MATOCs will be for a Small Business contractor pool, not to exceed a total shared contract capacity of $50 million, resulting from this solicitation to the responsible Offerors whose offers conform to the solicitation criteria established in Section L and Section M, and are considered most advantageous to the Government, price and other factors considered. The Government may reject any or all offers if such action is determined to be in the best interest of the Government.

4. Proposal Receiving Information:

a) Proposals shall be received no later than 1400 hours (2:00 p.m.) Mountain Time on 10 April 2014.

Mail all copies, as detailed in Section L and Section M, including all attachments to the following (as detailed in Block 9 of the SF 33):

U.S. Army Corps of Engineers, Albuquerque District ATTN: Contracting Division (Madeline E. Livermore) 4101 Jefferson Plaza NE Albuquerque, NM 87109-3435 Phone: (505) 342-3240 Fax: (505) 342-3496 E-mail: madeline.e.livermore@usace.army.mil

The Packaging that contains the Proposal shall be marked:

Proposal for Solicitation W912PP-13-R-0038, DO NOT OPEN

Be sure to apply all appropriate markings including those prescribed in accordance with FAR 52.215-1(e), "Restriction on Disclosure and Use of Data."

b) Due to the security requirements at the U.S. Army Corps of Engineers, Albuquerque District Building, those Offerors who have their proposals hand-carried*, it may take longer to be processed through security on this date. Therefore, please allow sufficient time for turning in your proposal.

*NO LATE PROPOSALS WILL BE ACCEPTED

*This instruction shall also apply to those proposals delivered through a delivery or parcel service.

5. Technical Information and Conflicting Criteria or Information:

a) Technical inquiries and questions relating to proposal procedures or bonds are to be submitted via Bidder Inquiry in ProjNet at www.projnet.org.

1. To submit and review bid inquiry items, bidders will need to be a current registered user or self register into the system. To self-register, go to the aforementioned web page and click on the BID tab. Select Bidder Inquiry, select agency USACE, and enter the Bidder Inquiry Key for this solicitation listed below, your email address, and then click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue.

2. From this page, you may view all bidder inquiries or add inquiry.

3. Bidders will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

4. The Solicitation Number is: W912PP-13-R-0038 The Bidder Inquiry Key is: BUPIQ2-35VFW8

b) Offerors are instructed to only submit ONE INQUIRY AT A TIME. Offerors are cautioned that inquiries that include multiple questions will be closed without response. Offerors will be responsible for resubmitting their inquiries.

Only submit ONE INQUIRY AT A TIME when submitting questions in ProjNet.

c) The Bidder Inquiry System will be unavailable for new inquires by close of business on April 4, 2014 in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary.

d) Offerors are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

e) The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

f) Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals.

6. Who May Submit Proposals: Competition for this contract is restricted to Small Business contractors that are capable of performing under the NAICS code of 541620. All other firms are deemed ineligible to submit proposals. If approved by the Small Business Administration, contractors may enter into a joint venture (JV) agreement with one or more small business concerns for the purpose of performing this contract. Firms submitting a proposal must ensure the following requirements are met:

a. Obtain a Tax Identification Number (TIN) for the joint venture.

b. Prepare the Section K, Representations and Certifications as a joint venture (e.g., providing the

TIN for the JV)

c. Register in the System for Award Management (SAM) as a joint venture in which a unique CAGE

Code will be obtained. See FAR Clause 52.204-7, System for Award Management (July 2013), for further information, in Section I.

d. Provide a copy of the JV agreement in the proposal submission.

e. Satisfy all the requirements in 13 CFR 124.513.

Mentor-Protégé relationships should be coordinated through the Small Business Administration and satisfy all their requirements for such a relationship.

7. System for Award Management (SAM) Registrations: The Offeror must ensure that your company’s data at the System for Award Management (SAM) Registration website is current per Acknowledgement that your company’s data at the System for Award Management website is current per FAR Clause 52.204- 7, System for Award Management (July 2013). (This clause is in Section I of this RFP.)

8. Federal, State, and Local Taxes: The Offeror shall include all applicable federal, state and local taxes in the contract price. See FAR 52.229-3, Federal, State, and Local Taxes in Section I for additional information.

9. New Mexico Gross Receipts Tax (NMGRT): [For New Mexico projects only]

The Offeror should be aware that NMGRT may be applicable to individual task orders/delivery orders placed under this contract and that the rate may vary for each county and city. The Gross Receipts Tax Rate is available from the New Mexico Taxation and Revenue Department, (505) 841-6200. The Gross Receipts Tax Rate is available at http://www.state.nm.us/tax/.

10. Instruction for Submission of the Price Proposal: The Offeror shall submit to the Government a price proposal broken out by line item in the format indicated on the Proposal Schedule in Section B of this solicitation and any subsequent task order. A cost-element breakdown, in sufficient detail for the Government to perform a cost analysis, shall be attached for each proposed line item and must reflect any specific requirements established by the Contracting Officer. Supporting breakdowns must be furnished for each cost element, consistent with the Offeror’s cost accounting system, and shall include basic elements of cost such as direct labor, materials, equipment, and subcontracted items. Indirect costs, including markups, for field overhead, general and administrative expenses, gross receipt taxes or other taxes, bond rate, profit, and any other applicable costs shall also be provided.

11. Amendments to the Request for Proposal: The right is reserved, as the interest of the Government may require, to revise the specifications both before and after the date set for receipt of offers. Such revisions, if any, will be announced by amendment(s) to the Request for Proposal. If the revisions and amendments are of a nature which require material changes in quantities, or prices offered, or both, the date set for receipt of offers may be postponed by such number of days as in the opinion of the Contracting Officer will enable the Offeror to revise the offer. In such cases, the amendment will include an announcement of the new date for receipt of offer.

12. Costs Related to Proposal Preparation: All costs related to proposal preparation, including travel, will be borne solely by the Offeror. The Government is not liable for any costs incurred by the Offeror submitting an offer in response to this solicitation. Issuance of this RFP does not constitute an award commitment on the part of the Government.

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT (PWS)

For

MULTIPLE AWARD TASK ORDER CONTRACT (MATOC)

ENVIRONMENTAL CONSULTING SERVICES

MULTIPLE ENVIRONMENTAL GOVERNMENT ACQUISITION (MEGA)

Part 1

General Information

1.0 Introduction: This is a non-personal services regional MATOC acquisition utilizing performance-based task orders to provide Environmental Consulting Services (ECS). The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the prime Contractor who, in turn is responsible to the Government. The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Environmental Quality (EQ) Program Support and Environmental Consulting Services (ECS) 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.

1.2 Background: U.S. Army Corps of Engineers (USACE) South Pacific Division (SPD), Northwestern Division (NWD) and the Southwestern Division (SWD) collaboratively developed the Multiple Environmental Government Acquisition (MEGA) strategy which this contract is based on to optimize contractual relationships in order to maximize performance outcomes.

1.3 Objectives: This regional MATOC is to be shared among Districts within SPD; however, a nominal amount of contract capacity may be shared across Division boundaries provided the project is within the scope of the basic contract and the requesting District’s customer is within the geographic limits of the contract. The MATOC will support and manage the environmental missions of the USACE SPD. USACE’s objective also includes providing customers high quality, full-service environmental engineering and management support that is timely, technically acceptable and cost effective.

1.4 Scope: Services acquired under this ECS MATOC will support environmental consulting services for various military and Interagency and International Support (IIS) customers; Air Force, Army and other Department of Defense (DoD) agencies; Environmental Protection Agency (EPA), as well as support environmental related regulatory programs such as, but is not limited, to Department of Defense Environmental Restoration Program (DERP), Formerly Used Defense Sites (FUDS), DoD Environmental Compliance Program, Environmental Support for Others (ESFO) Program; Formerly Utilized Sites Remedial Action Program (FUSRAP), Superfund and Brownfield Programs; environmental stewardship programs, and other environmental related regulatory programs.

1.4.1 The majority of task orders issued under this MATOC will be to provide services related to requirements of 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); the Clean Air Act (CAA); the Clean Water Act (CWA); Asbestos Hazard Emergency Response Act (AHERA); National Emission Standards for Hazardous Air Pollutants (NESHAP); Toxic Substances Control Act (TSCA); Occupational Safety and Health Act (OSHA); National Pollutant Discharge Elimination System (NPDES); National Environmental Policy Act (NEPA); Archaeological Resources Protection Act (ARPA) and other related Federal Programs. Services may include, but are not limited to:

Environmental Planning Air Quality Compliance and Services Water Quality Compliance and Services Natural Resource and Wildlife Management Cultural and Historic Resources Management Pollution Prevention Solid Waste Management Environmental Compliance Environmental Data Management Hazardous Materials Surveys Risk Assessments Other Environmental Consulting Services CERCLA and RCRA Investigations o Preliminary Assessments (PA) o Site Investigations (SI) o Remedial Investigation (RI) o Feasibility Study (FS) o RCRA Facility Investigation (RFI) o Corrective Measures Study (CMS) o Decision Document (DD)

1.5 Description of Services: Services to be performed for USACE SPD are defined by NAICS code 541620, Environmental Consulting Services. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform ECS as defined in this Performance Work Statement (PWS) except for those items specified as Government furnished property and services. Project specific performance-based PWSs will be included in each task order issued. The Contractor shall perform to the standards in this contract and project specific task orders.

1.5 Period of Performance: The MATOC period of performance shall be for a three-year base period and a two-year option period. Total length of the contract, including the option period, will not exceed five (5) years from date of contract award.

1.6 Contract Capacity: The shared contract capacity for all MATOCs combined including all subsequent task orders issued shall not exceed $50,000,000.00. The minimum guarantee amount for each MATOC is $2,500.00.

1.6.1 Place of Performance: The work to be performed under this contract will include, but is not limited to, the geographic limits of USACE SPD. SPD includes California, Nevada, Arizona, New Mexico, Colorado, Utah, and the southern parts of Oregon, Idaho, and the southwestern parts of Wyoming and Texas. These MATOC requirements are intended to support any current and future USACE customers, throughout the United States, including Hawaii, Alaska, and the U.S. territories.

1.6.2 Type of Contract: This MATOC is Firm Fixed-Price (FFP). FFP project specific task orders will be issued under the basic contract and for the option period. Exercising the option period is at the Government’s discretion.

1.6.3 Hours of Operation: The Contractor shall not be responsible for conducting business when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons.

When hiring personnel, the contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.4 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

1.7 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 Contracting Officer's Representative (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.

1.8 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-base 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.

1.9 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.

1.10 Work Authorizations: Any work done without being directed to do so, in writing, by the Contracting Officer (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.

1.11 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 (NRC) 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 on and off Government property may be required, and if required, is the responsibility of the Contractor.

1.12 Quality Control (QC): The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS and task order PWSs. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s quality control program is the means by which he/she ensures that his/her work complies with the requirement of the contract. The Contractor shall provide the Government a copy of his/her QC plan when requested.

1.13 Quality Assurance (QA): The Government shall evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan 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.

1.14 Security: The Contractor shall be responsible for safeguarding all Government equipment, information and property provided for Contractor use.

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 Subpart 42.5. The Contracting officer (KO), Contracting Officer’s Representative (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. 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 Contracting Officer 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 CONUS during the performance of this contract to attend site visits, meetings, etc.

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 Contracting Officer. 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.

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

b. 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.

c. 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 Contractors will be made by the Contracting Officer, as further detailed in the following subparagraphs. If all Contractors respond “no,” the Contracting Officer may select a Contractor based on price and non-price related factors.

d. The Contracting Officer 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 for fulfillment of guaranteed minimum amounts. The Contracting Officer need not contact each Contractor before selecting an awardee for an individual task order if the Contracting Officer has sufficient information available to ensure fair consideration and best value to the Government. Accordingly, the Contracting Officer may make a task order award to a particular Contractor without further competition.

Notwithstanding the forgoing, all Contractors will be given a fair opportunity to be considered for each task order in excess of $3,000.00 (per FAR 16.505).

e. In making selection of the awardee to receive a specific Task Order, the Contracting Officer will consider both 1) price; and 2) at least one non-price related factor which will be specific in the Task Order Request for Proposals. The Contracting Officer 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 $3,000.00.

f. If necessary, discussions regarding task order requirements may be held between prospective task order awardee(s) and the Contractor and the Contracting Officer'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 Contracting Officer.

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

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

g. 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.

h. 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 Contracting Officer’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.

i. Per FAR 16-505(b)(2) All awardees need not be given an opportunity to be considered for a particular order if the Contracting Officer determines that (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; or (4) it is necessary to place an order to satisfy a minimum guarantee.

j. 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 valued in excess of $10 million.

k. Per FAR 16.505(b)(8) A Task Order and Delivery Order Contract Ombudsman is responsible for review of complaints to ensure that all contractors are afforded a fair opportunity to be considered, consistent with the procedures set forth in the contract. The ombudsman for Task Orders awarded under this contract is the Principal Assistant Responsible for Contracting – Dallas (PARC-Dallas) and may be reached at the following address:

U.S. Army Corps of Engineers, Headquarters National Contracting Organization Attention: CECT-DAL (USACE Dallas Ombudsman) 1100 Commerce Street, Suite 840 Dallas, Texas 75242-0216

1.20 Safety:

1.20.1 U.S. Army Corps of Engineers’ Safety and Health Requirements Manual, EM 385-1-1 and OSHA Requirements: The contractor will be required to comply with all pertinent provisions of the latest version of the U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the contract award. EM 385-1-1 and its changes are available at http://publications.usace.army.mil/publications by selecting Engineer Manuals, EM 385-1-1 “Safety and Occupational Health”. The Contractor must also comply with Occupational Safety and Health Act (OSHA) standards. OSHA standards are subject to change. It is the Contractor's responsibility to maintain familiarity with current OSHA standards.

1.20.2 Zero Accident Program: The South Pacific Division, in its continual pursuit of excellence in safety has established a goal of zero contractor injuries. To attain this goal it will be necessary for the contractor management personnel to communicate to the workers an expectation of zero injuries; that it is no longer acceptable to take chances; that shortcuts taken because of laziness or even while trying to do an efficient job are no longer welcomed;

that praise for shortcuts or chance-taking will not exist. It is imperative that contractor management clearly sets forth the expectation for zero injuries so that the workers can begin to believe that the company is truly serious about safety. From the standpoint of worker psychology, zero is the only supportable goal. In attaining zero-injury performance, there is no substitute for the concept of setting and communicating safety performance expectations to the workers.

PART 2

DEFINITIONS & ACRONYMS

2.0 Definitions and Acronyms:

2.1 Definitions: The following definitions and descriptions apply wherever the term, phrase, or acronym is used in this Performance Work Statement.

2.1.1 Acquisition: The acquiring by contract with appropriated funds of supplies or services (including construction) by and for the use of the Federal Government through purchase or lease, whether the supplies or services are already in existence or must be created, developed, demonstrated, and evaluated.

2.1.2 Additional Work: Any service or task that is over and beyond that which is specifically listed in the PWS but is still covered within the contract’s scope of work.

2.1.3 Contractor: A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime Contractor.

2.1.4 Contracting Officer (KO): A person with authority to enter into, administer, and or terminate contracts and make related determinations and findings on behalf of the Government. NOTE: This is the only individual who can legally bind the Government.

2.1.5 Contracting Officer’s Representative (COR): A person designated and authorized by the Contracting Officer to administer the contract. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.6 Defective Service: A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.7 Discrepancy/Deficiency: A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.8 Deliverable: Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.9 Equipment: A tangible asset that is functionally complete for its intended purpose, durable, nonexpendable, and needed for the performance of a contract. Equipment is not intended for sale, and does not ordinarily lose its identity or become a component part of another article when put into use.

2.1.10 Government: United States of America

2.1.11 Indefinite-Quantity Contract: An indefinite-quantity contract provides for an indefinite quantity, within stated limits, of supplies or services during a fixed period. The Government places orders for individual requirements.

2.1.12 Key Personnel: Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.13 Performance-based Acquisition (PBA): An acquisition structured around the results to be achieved as opposed to the manner by which the work is to be performed.

2.1.14 Performance Requirements Summary (PRS): A summary of the performance objectives that relate directly to mission essential items. Shows contract requirements, performance standard, and performance thresholds in order to receive a satisfactory rating and the Government’s method of surveillance for each work requirement.

2.1.15 Performance Work Statement (PWS): A statement of work for performance-based acquisitions that describes the required results in clear, specific and objective terms with measurable outcomes.

2.1.16 Point of Contact (POC): Government personnel designated to inspect work performed under the contract and make daily contact with Contractor employee(s). The Government POC will conduct and maintain Quality Assurance Evaluations. A Point of Contact has no authority to enter into, administer, modify or terminate contracts.

2.1.17 Project: Specific project names and sites for this Multiple Award Task Order Contract (MATOC) for Environmental Consulting Services will be defined at the Task Order level.

2.1.18 Project Manager (PM): A PM is either a Government employee or Contractor employee responsible for overall operations of the project and assigned to act as a liaison between the Government and the Contractor on technical issues. A Project Manager has no authority to enter into, administer, modify or terminate contracts.

2.1.19 Quality Assurance (QA): The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.20 Quality Assurance Monitoring Form (QAMF): Form completed by COR and used as documentation of the surveillance of the Contractor’s performance.

2.1.21 Quality Assurance Surveillance Plan (QASP): A written plan specifying the surveillance method(s) to be used for surveillance of Contractor performance.

2.1.22 Quality Control (QC): All necessary measures taken by the Contractor to ensure that the quality of an end product or service shall meet contract requirements.

2.1.23 Regulations: Albuquerque District Regulations, Sacramento District Regulations, San Francisco District Regulations, Los Angeles District Regulations, South Pacific Division (SPD), Corps of Engineers Regulations (ER), or any other Government (Federal, State or local) regulation applicable to the Project.

2.1.24 Security: Actions that prevent the loss or damage of Government property.

2.1.25 Services: Any duties or work performed by the Contractor for the Government.

2.1.26 Shall: Imperative.

2.1.27 Subcontractor: One that enters into a contract with a Prime Contractor. The Government does not have privities of contract with the subcontractor.

2.1.28 Task Order Contract: A contract for services that does not procure or specify a firm quantity of services (other than a minimum or maximum quantity) and that provides for the issuance of orders for the performance of tasks during the period of the contract.

2.2 Acronyms:

ABET Accreditation Board for Engineering and Technology ACOR Alternate Contracting Officer's Representative ADR Automated Data Review AEC Army Environmental Command AFARS Army Federal Acquisition Regulation Supplement AFB Air Force Base AHERA Asbestos Hazard Emergency Response Act ANSI American National Standards Institute APP Accident Prevention Plan AR Army Regulation ARPA Archaeological Resources Protection Act ASQ American Society for Quality ASTM D American Society for Testing and Materials-Draft CAA Clean Air Act CACM Chemical Agent Contaminated Media CAD Computer Aided Design CCE Contracting Center of Excellence CERCLA Comprehensive, Environmental Response, Compensation, and Liability Act CFR Code of Federal Regulations CHMM Certified Hazardous Materials Manager CHP Certified Health Physicist CIH Certified Industrial Hygienist CMR Contractor Management Reporting CONUS Continental United States (excludes Alaska and Hawaii) COPC Contaminants of Potential Concern COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf CQCS Contractor Quality Control Supervisor CSM Conceptual Site Model CSP Certified Safety Professional CWA Clean Water Act CWM Chemical Warfare Material DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DDESB Department of Defense Explosives Safety Board DERP Defense Environmental Restoration Program DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DNAPLs Dense Non-Aqueous Phase Liquids DOD Department of Defense DOD ELAP Department of Defense- Environmental Laboratory Accreditation Program DOD QSM Department of Defense - Quality Systems Manual DOT Department of Transportation DQCR Daily Quality Control Report DQO Data Quality Objectives DTM Digital Terrain Model ECS Environmental Consulting Services EDD Electronic Data Deliverable

EECA Engineering Evaluation Cost Analysis ELAP Environmental Laboratory Accreditation Program EM Engineering Manual ENG Engineering EPA Environmental Protection Agency EP Engineering Pamphlet ER Engineering Regulation ERIS Environmental Restoration Information System ERPIMS Environmental Resources Program Information Management System ERS Environmental Remediation Services ESFO Environmental Support for Others ESRI Environmental Systems Research Institute FAR Federal Acquisition Regulation FFP Firm Fixed Price FGDC Federal Geographic Data Committee FID Flame Ionization Detector FS Feasibility Study FSC Federal Service Codes FSP Field Sampling Plan FTR Federal Travel Regulations FUDS Formerly Used Defense Sites FUSRAP Formerly Utilized Sites Remedial Action Program GDA Government Designated Authority GFE Government Furnished Equipment GFP Government Furnished Property GIS Geographic Information System HIPAA Health Insurance Portability and Accountability Act of 1996 HQUSACE Headquarters USACE HTRW Hazardous, Toxic and Radioactive Waste HTW Hazardous Toxic Waste IAW In Accordance With IDQTF InterGovernmental Data Quality Task Force IDW Investigative Derived Waste IEC International Electrotechnical Commission ISO International Organization for Standardization JFTR Joint Federal Travel Regulation KO Contracting Officer LiDAR Light Detection and Ranging LOD Limit of Detection LOQ Limit of Quantitation LTM/LTO Long Term Monitoring/Long Term Operations LTRA Long Term Response Action MARLAP Multi-Agency Radiological Laboratory Analytical Protocols MARSSIM Multi-Agency Radiation Site Survey and Investigation Manual MATOC Multiple Award Task Order Contract MCX Mandatory Center of Expertise MEC Munitions and Explosives of Concern MEGA Multiple Environmental Government Acquisition MFR Memorandum for Record MHP Material Handling Plan MI&E Meals, Incidentals & Expenses MIS Management Information System MM CX Military Munitions Center for Expertise NAICS North American Industry Classification System NCP National Contingency Plan NAPLs Non-Aqueous Phase Liquids

NELAC National Environmental Laboratory Accreditation Conference NEPA National Environmental Policy Act NESHAP National Emission Standards for Hazardous Air Pollutants NIOSH National Institute for Occupational Safety and Health NPDES National Pollutant Discharge Elimination System NRC Nuclear Regulatory Commission NSDI National Spatial Data Infrastructure

NTUs Nephelometric Turbidity Units NWD Northwestern Division O&M Operations and Management OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs OSD Office of Secretary of Defense OSHA Occupational Safety and Health Administration PA Preliminary Assessment PCBs Polychlorinated Biphenyls PDT Project Delivery Team PG Project Geologist PID Photoionization Detector PIPO Phase In/Phase Out PM Program Manager/Project Manager POC Point of Contact PRP Potentially Responsible Party PRS Performance Requirements Summary PT Proficiency Testing (sample) PVC Polyvinyl Chloride PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QAPP Quality Assurance Project Plan QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program QCSR Quality Control Summary Report QSM Quality System Manual RCRA Resource Conservation and Recovery Act RCWM Recovered Chemical Warfare Material REM Registered Environmental Manager REMG Resident Engineer Management Guide RFI RCRA Facility Investigation RI Remedial Investigation RL Reporting Limit RQD Rock Quality Designation SAP Sampling and Analysis Plan SARA Superfund Amendments & Reauthorization Act SEDD Staged Electronic Data Deliverable SHM Safety and Health Manager SI Site Investigation SOO Statement of Objectives SOP Standard Operating…