CODE (Hour) PAGE(S) until 02:00 PM local time 14 Dec 2017 X A X B X C X D E X X G F 134 - 144 145 - 166 X H 167 - 177 [email protected]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) 1 177 (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. DAT E 15B. TELEPHONE NO (Include area code) 17. SIGNATURE 15C. 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. W912DY 8. ADDRESS OFFER TO See Item 7 9. Sealed offers in original and 2 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 See Instructions to Offerors conditions contained in this solicitation. 10. FOR INFORMATION CALL: A. NAME (NO COLLECT CALLS) GOSIA M THOMPSON 256-895-1133 11. TABLE OF CONTENTS SOLICITATION/ CONTRACT FORM SUPPLIES OR SERVICES AND PRICES/ COSTS 1 - 3 4 - 10 X I CONTRACT CLAUSES DESCRIPTION/ SPECS./ WORK STATEMENT X PACKAGING AND MARKING 11 - 62 63 J LIST OF ATTACHMENTS INSPECTION AND ACCEPTANCE DELIVERIES OR PERFORMANCE 64 65 X K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS CONTRACT ADMINISTRATION DATA 66 - 70 X SPECIAL CONTRACT REQUIREMENTS OFFER (Must be fully completed by offeror) 71 - 75 X M L INSTRS., CONDS., AND NOTICES TO OFFERORS EVALUATION FACTORS FOR AWARD NOT E: 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. DAT E to the SOLICITATION for offerors and related documents numbered and dated): FACILITY 12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period SOLICITATION, OFFER AND AWARD X (X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S) PART I - THE SCHEDULE 26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE EMAIL: TEL: (Signature of Contracting Officer) CODE CODE B. TELEPHONE (Include area code) C. E-MAIL ADDRESS AWARD (To be completed by Government) 19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION 22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified) 23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM 24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE PART IV - REPRESENTATIONS AND INSTRUCTIONS PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS 76 - 105 PART II - CONTRACT CLAUSES US ARMY ENGINEERING & SUPPORT CENTER HUNTSVILLE ENGINEERING & SUPPORT CENTER P.O. BOX 1600 HUNTSVILLE AL 35807-4301 FAX: TEL: FAX: TEL: NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder". SOLICITATION 106 - 133 6. REQUISITION/PURCHASE NO. 5. DATE ISSUED 18 Sep 2017 4. TYPE OF SOLICITATION SEALED BID (IFB) NEGOTIATED (RFP) [ ] [ X ] 3. SOLICITATION NO. W912DY-16-R-0077
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 GSAFAR (48 CFR) 53.214(c)
1 177
(If other than Item 7)
15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TOANDADDRESS SIGN OFFER (Type or print)
OFOFFEROR
AMENDMENT NO. DATE
15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM ABOVE - ENTERSUCH ADDRESS IN SCHEDULE.
18. OFFER DATE
1. THIS CONTRACT IS A RATED ORDERUNDER DPAS (15 CFR 700)
2. CONTRACT NO.
W912DY 8. ADDRESS OFFER TO
See Item 7
9. Sealed offers in original and 2 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or ifhandcarried, 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
See Instructions to Offerors
conditions contained in this solicitation.10. FOR INFORMATION CALL:
A. NAME (NO COLLECT CALLS)GOSIA M THOMPSON 256-895-1133
11. TABLE OF CONTENTS
SOLICITATION/ CONTRACT FORMSUPPLIES OR SERVICES AND PRICES/ COSTS
1 - 34 - 10
X I CONTRACT CLAUSES
DESCRIPTION/ SPECS./ WORK STATEMENT XPACKAGING AND MARKING
11 - 6263
J LIST OF ATTACHMENTS
INSPECTION AND ACCEPTANCEDELIVERIES OR PERFORMANCE
6465 X K REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORSCONTRACT ADMINISTRATION DATA 66 - 70 XSPECIAL CONTRACT REQUIREMENTS
OFFER (Must be fully completed by offeror)71 - 75 X M
L INSTRS., CONDS., AND NOTICES TO OFFERORSEVALUATION 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 ATTACHMENTS76 - 105
PART II - CO NTRACT CLAUSES
US ARMY ENGINEERING & SUPPORT CENTERHUNTSVILLE ENGINEERING & SUPPORT CENTERP.O. BOX 1600HUNTSVILLE AL 35807-4301
FAX:TEL:
FAX:TEL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
106 - 133
6. REQUISITION/PURCHASE NO.5. DATE ISSUED
18 Sep 2017
4. TYPE OF SOLICITATIONSEALED BID (IFB)NEGOTIATED (RFP)
[ ][ X ]
3. SOLICITATION NO.
W912DY-16-R-0077
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Section A - Solicitation/Contract Form EXECUTIVE SUMMARY ALL ADMINISTRATION AND FUTURE TASK ORDERS UNDER THIS MATOC WILL BE ISSUED BY THE U.S. ARMY CORPS OF ENGINEERS, HUNTSVILLE CENTER (CEHNC). 1. The objective of this multiple-award Indefinite Delivery Indefinite Quantity (IDIQ) contract is to procure the services of Small Business firms to perform Military Munitions Response Program (MMRP) responses involving conventional munitions; Environmental Compliance and Remediation Services (ECRS); and Other Munitions-Related Services (OMRS), as necessary to enable lands and waters to be safely and efficiently used for their intended purpose. 2. A target multiple-award IDIQ contract pool consisting of a total of five (5) contractors is planned to result from this acquisition, however the government reserves the right to award more, less, or none at all. All services procured under this IDIQ will use a performance-based work statement at the task order level. The manner in which the requirements are to be accomplished will not be dictated to the IDIQ awardees. 3. The capacity for the multiple-award IDIQ contract pool is $400 Million. The total capacity amount will be shared among all awardees in the multiple-award pool. The IDIQ awardees will only compete among the other awardees in the pool for task order awards. 4. Task orders will be awarded against the basic IDIQ contracts using the fair opportunity procedures discussed in FAR 16.5 in addition to the competitive source selection procedures identified in Section 803 of Public Law 107-107 implemented in DFARS 216.505-70 and Public Law 110-181, Section 843. Each order exceeding $3,500.00 will be awarded on a competitive basis in accordance with FAR 16.505 and DFARS 216.505-70 (c), unless an exception described in FAR 16.505(b)(2) or DFARS 216.505-70(b)(1) applies. Task orders may be Firm-Fixed Price (FFP) or Cost Plus Fixed Fee (CPFF). Based on recent procurement experience, it is anticipated that approximately 85% of the task order efforts will be CPFF for work of an indefinite nature or to support an urgent need. Individual task orders may also contain a combination of FFP and CPFF; e.g., planning and characterization may be FFP while fieldwork may be CPFF. 5. The ordering period shall commence upon the date of award and may continue for a period of five years. This consists of a three-year base period with one (1), two-year option period; if the option is exercised. Labor rates may be escalated at the beginning of the option period (but See FAR 52.222-43 (b) for limitations) as provided in the schedule; however, the labor rates in effect at the time a task order is awarded will remain in effect through completion of the task order, unless modified due to an increase in the Department of Labor wage rates in accordance with FAR 52.222-43, FAR 52.222-44, and Chapter 7 of Engineer Pamphlet 1180-1-1. 6. The Government reserves the right to make staggered awards. Later awarded contracts will have an initial period of performance that will be less than the full three-year base period in duration and will end on the same date as all other contractors which receive a basic IDIQ award.
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The option period will be the same for all awardees, if exercised. If determined to be in the Government’s interest to hold discussions, discussions may be held with Offerors remaining in the competitive range after initial awards have been made to some Offerors. 7. When Request for Proposals (RFPs) for task order requirements are issued, offerors must provide sufficient detail with regard to labor categories and hours, material, and travel to allow an evaluation of the proposed cost. Travel costs shall not exceed the amounts allowed under the Joint Travel Regulation. Profit/fee is not allowable on travel costs. 8. For CPFF orders, all hours for direct labor shall be supported by individual daily job cards or time records signed by the individual thereof. 9. CEHNC is the Procurement Contracting Office and no other agency can make changes to the Base Contract. Other USACE offices, upon authorization from CEHNC, may issue task orders. CEHNC may also transfer task orders to other USACE offices for administration. Only a warranted Contracting Officer (either PCO or ACO) acting within their delegated limits has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and shall immediately notify the Contracting Officer. 10. The minimum guaranteed order for each awardee shall be $3,000.00 for the base period only. 11. THE FOLLOWING ELEMENTS OF [Name of Offeror] PROPOSAL SUBMITTED IN RESPONSE TO SOLICITATION W912DY-16-R-0077 ARE HEREBY INCORPORATED INTO THIS CONTRACT.
A. The rates proposed by the contractor in Attachment H are binding cost elements. These rates shall be maximum allowable rates for task orders issued during the ordering period of this contract. Thus the rates proposed on a task order may be less than those proposed in the contractor’s Attachment H of the IDIQ contract, but may not exceed the maximum rates included in the basic IDIQ contract award unless the applicable wage determination is higher than the contractor base rate in the contract. The Government may extend the ordering period in accordance with terms in FAR Clause 52.217-8, Option to Extend Services. The evaluated rates in effect during the base period or option period will remain in effect during any extension executed under the stated clause; not to exceed six months.
B. Technical Exhibit 6, “Key Subcontractors and Key Personnel”.
C. [Name of Offeror] subcontracting plan dated xx/xx/xxxx [date], and approved by the Contracting Officer on xx/xx/xxxx [date], is hereby incorporated into this contract.
FFP This CLIN is for Firm Fixed Priced Task Orders or for Firm Fixed Price Tasks within a Task Order. The contractor shall perform environmental remediation and other related functions as required by Section C and applicable task order specifications. The individual task order Performance Work Statement will clearly indicate the specific requirements of the task(s) awarded. The contractor shall furnish the required labor, general management, quality management, administration, travel, supervision, quality control, supplies, materials, equipment (not otherwise furnished as Government Furnished Materials), transportation, and documents/permits necessary to deliver services and any associated deliverables within schedule and in accordance with contract terms and conditions, reference documents, specific contract and task order requirements, and contract clauses. The Contractor shall be responsible for obtaining all required documents/permits required for travel and performance of work. FOB: Destination
CPFF This CLIN is for Cost Plus Fixed Fee Task Orders or for Cost Plus Fixed Fee Tasks within a Task Order. The contractor shall perform environmental remediation and other related functions as required by Section C and applicable task order specifications. The individual task order Performance Work Statement will clearly indicate the specific requirements of the task(s) awarded. The contractor shall furnish the required labor, general management, quality management, administration, travel, supervision, quality control, supplies, materials, equipment (not otherwise furnished as Government Furnished Materials), transportation, and documents/permits necessary to deliver services and any associated deliverables within schedule and in accordance with contract terms and conditions, reference documents, specific contract and task order requirements, and contract clauses. The Contractor shall be responsible for obtaining all required documents/permits required for travel and performance of work. In accordance with FAR 15.404-4(c)(4)(i)(C), the fixed fee shall not exceed 10%. FOB: Destination
MAX COST FIXED FEE
TOTAL MAX COST + FEE
ITEM NO SUPPLIES/SERVICES MAX QUANTITY
UNIT UNIT PRICE MAX AMOUNT
0003 UNDEFINED Job Contractor Manpower Reporting
FFP This CLIN is used for the pricing of the collection and reporting of Contractor Manpower Reporting data as described in Section C. Reporting period will be the period of performance not to exceed twelve months ending 30 September of each Government Fiscal Year and must be reported by 31 October of each calendar year. FOB: Destination
MAX
NET AMT
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ITEM NO SUPPLIES/SERVICES MAX QUANTITY
UNIT UNIT PRICE MAX AMOUNT
0004 UNDEFINED Each Minimum Guarantee
FFP The Government limits the minimum guarantee to extend only to the base contract period of performance for this IDIQ contract and only in the amount of $3000.00. Funding for this minimum guarantee will be obligated against this contract line item at the time of the base contract award. (NOTE: This is a minimum ordering amount; not a minimum payment.) Should the Government fail to award task order(s) with an aggregate value meeting or exceeding the minimum guarantee of $3000.00 within the period of performance of the base contract, then, ONLY after submittal of proof of contract damages from the contractor, the Government may pay the contractor up to $3000.00. Following the agency’s payment of an amount meeting/exceeding the minimum guarantee under a task order award during the base period, the agency will de-obligate funding for the minimum guarantee. FOB: Destination
FFP This CLIN is for Firm Fixed Priced Task Orders or for Firm Fixed Price Tasks within a Task Order. The contractor shall perform environmental remediation and other related functions as required by Section C and applicable task order specifications. The individual task order Performance Work Statement will clearly indicate the specific requirements of the task(s) awarded. The contractor shall furnish the required labor, general management, quality management, administration, travel, supervision, quality control, supplies, materials, equipment (not otherwise furnished as Government Furnished Materials), transportation, and documents/permits necessary to deliver services and any associated deliverables within schedule and in accordance with contract terms and conditions, reference documents, specific contract and task order requirements, and contract clauses. The Contractor shall be responsible for obtaining all required documents/permits required for travel and performance of work. FOB: Destination
CPFF This CLIN is for Cost Plus Fixed Fee Task Orders or for Cost Plus Fixed Fee Tasks within a Task Order. The contractor shall perform environmental remediation and other related functions as required by Section C and applicable task order specifications. The individual task order Performance Work Statement will clearly indicate the specific requirements of the task(s) awarded. The contractor shall furnish the required labor, general management, quality management, administration, travel, supervision, quality control, supplies, materials, equipment (not otherwise furnished as Government Furnished Materials), transportation, and documents/permits necessary to deliver services and any associated deliverables within schedule and in accordance with contract terms and conditions, reference documents, specific contract and task order requirements, and contract clauses. The Contractor shall be responsible for obtaining all required documents/permits required for travel and performance of work. In accordance with FAR 15.404-4(c)(4)(i)(C), the fixed fee shall not exceed 10%. FOB: Destination
FFP This CLIN is used for the pricing of the collection and reporting of Contractor Manpower Reporting data as described in Section C. Reporting period will be the period of performance not to exceed twelve months ending 30 September of each Government Fiscal Year and must be reported by 31 October of each calendar year. FOB: Destination
MAX
NET AMT
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ITEM NO SUPPLIES/SERVICES MAX QUANTITY
UNIT UNIT PRICE MAX AMOUNT
1004 UNDEFINED Job OPTION 6 - MONTH OPTION PERIOD
FFP The Government may extend the ordering period in accordance with terms in FAR Clause 52.217-8, Option to Extend Services. The evaluated rates in effect during the last option year will remain in effect during any extension executed under the stated clause; not to exceed six months. FOB: Destination
MAX
NET AMT
CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table. MINIMUM QUANTITY
MINIMUM AMOUNT
MAXIMUM QUANTITY
MAXIMUM AMOUNT
$3,000.00 $400,000,000.00 DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table. MINIMUM QUANTITY
MINIMUM AMOUNT
MAXIMUM QUANTITY
MAXIMUM AMOUNT
3,000.00 $3,000.00 400,000,000.00 $400,000,000.00
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CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table. CLIN
MINIMUM QUANTITY
MINIMUM AMOUNT
MAXIMUM QUANTITY
MAXIMUM AMOUNT
0001
$
$
0002
$
$
0003
$
$
0004
$
$
1001
$
$
1002
$
$
1003
$
$
1004
$
$
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Section C - Descriptions and Specifications PERFORMANCE WORK STATEMENT
MILITARY MUNITIONS RESPONSE; ENVIRONMENTAL COMPLIANCE AND REMEDIATION SERVICES; AND OTHER MUNITIONS RELATED SERVICES
10 August 2017
1.0 OBJECTIVE. 1.1 The objective of this Multiple Award Task Order Contract (MATOC) is to procure the services of Small Business firms to perform Military Munitions Response Program (MMRP) responses involving conventional munitions; Environmental Compliance and Remediation Services (ECRS); and Other Munitions-Related Services (OMRS), as necessary to enable lands and waters to be safely and efficiently used for their intended purpose. 1.2 This work may occur at sites located throughout the United States, including Alaska and Hawaii, the U.S. territories, outlying areas as defined by FAR 2.101, and Territorial waters. The services provided under this contract will be used in support of various Department of Defense Commands and Installations and other federal agencies, where sponsored by an appropriate U.S. Government agency. 1.3 The shall safely locate; identify; recover, evaluate; assess; package; transport; manage; and make final disposition, as required, of Munitions and Explosives of Concern (MEC), and Hazardous, Toxic and Radioactive Waste (HTRW) at various currently and formerly used defense sites, property adjoining currently and formerly used defense sites, other federally controlled/owned sites, as well as sites in foreign jurisdictions. Work performed under this contract may include project planning; assessments; inspections; surveys; investigations; studies, engineering evaluations; cost analyses; remedial or removal actions; spill response; sampling and analysis; engineering containment and filtration; recovery; storage; transportation; and disposal, as required, of MEC to include MC, HTRW; monitoring; data management; training; permitting; public involvement; and logistical; medical; and security support. In addition, for OMRS the work may also include anomaly avoidance, construction support, range clearance. Work efforts may consist of robotic technology where feasible and practical. 1.4 Specific services and task activities are listed in Paragraph 3. 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. 2.0 GENERAL. 2.1 The Contractor shall perform Environmental Compliance and Remediation Services to protect human health and the environment from risks associated with HTRW, MC, and other adverse environmental conditions, as well as MMRP/OMRS services to protect human health
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and the environment from hazards associated with military munitions. For the purposes of this contract the term “HTRW response” represents any and all work required under environmental compliance and remediation. The terms "Munitions or MC Response", "MEC, or MC operations", "Munitions Response activities", and "Munitions Response Sites (MRS)" generally apply to work performed under the Military Munitions Response Program (MMRP). The terms "other munitions related services (OMRS)", “other munitions related operations", "other munitions related activities", and "other munitions related sites" generally apply to non-MMRP work involving munitions. Specific services and task activities are listed in Paragraph 3. 2.2 Permits and Licenses. The Contractor shall obtain the permits and licenses necessary to conduct work required by this Contract including, but not necessarily limited to, environmental permits, building permits, well permits where required by regulation, licensed drillers, licenses to purchase explosives, and Department of Transportation (DOT) requirements for the transport of MEC, MC, and HTRW on public highways. The Contractor shall comply with all applicable Federal, State, and local laws and regulations, including TB 700-2, when transporting MEC and/or MPPEH. 2.3 Applicable Laws and Regulations. The Contractor shall perform this work in accordance with all applicable laws and regulations. The Contractor shall be responsible for acquiring the latest version of applicable regulatory or agency guidance, including but not limited to the referenced documents cited in this Solicitation and/or subsequent Task Orders issued after award of the Contract, unless otherwise specified. 2.4 Publications and References. All work under this contract shall be in accordance with the applicable publications and references in this Section C. 2.5 Data Ownership and Data Rights. All reports and data whatsoever, including all electronic data and software, generated under this contract will be determined by negotiation IAW the DFARS. When submitting proposals, offerors shall identify IAW DFARS 252.227-7017 to the extent known all technical data or software that will be delivered with restrictions on its use, release, or disclosure. 2.6 Safety and Health Program. The Contractor shall develop and implement a written Safety and Health Program in accordance with guidelines specified in EM 385-1-1. The Contractor shall ensure that its Subcontractors, suppliers, and support personnel follow all safety and health provisions established in the approved Accident Prevention Plan (APP) for the site. A Site Safety and Health Plan (SSHP) shall be included in the APP as an Attachment. No work shall be undertaken at any project site by a Contractor without an approved APP/SSHP work plan. The Government reserves the right to stop work under this contract for any violations at no additional cost to the Government. The Government will verify that the Contractor has implemented corrective action before allowing continued performance under the contract. 2.6.1 Medical Surveillance. An ongoing medical surveillance program meeting the requirements of 29 CFR 1910.120 shall be developed for personnel performing onsite activities.
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2.6.2 Personal Protective Equipment. A written Personal Protective Equipment (PPE) program is required IAW 29CFR1910.120 (g) (5), 29 CFR 1926.65(g)(5); as well as the respiratory protection requirements of 29 CFR 1910.134 and EM 385-1-1. When working with radioactive material, the respiratory protection requirements of 10 CFR 20 must be met. All employees working within a radiologically restricted area shall receive appropriate dosimetry monitoring for radiation exposure in accordance with EM 385-1-1. 2.7 Munitions with Unknown Liquid Filler. During conventional MEC or other munitions related operations, if the Contractor identifies or suspects an unknown liquid filled munition, the Contractor shall immediately withdraw upwind from the work area and contact the responsible Contracting Officer and the appropriate point of contact in their Work Plan (WP)/Accident Prevention Plan (APP). The Contractor shall secure the area and provide two personnel located upwind of the suspect unknown liquid filled munition to secure the site until relieved by the Department of the Army emergency response personnel. Additional support may be required by the emergency response personnel, e.g. construction of blast mitigation controls. 2.8 Improved Conventional Munitions. (ICM). Prior to entering areas/ranges contaminated with Improved Conventional Munitions (ICMs) or submunitions, a Department of the Army (DA) a Deviation Approval and Risk Acceptance Document (DARAD) in accordance with DA Pam 385-30 must be conducted by the Contractor and approved by the affected installation or for FUDS properties, the executing Corps district. If an ICM or submunitions is found at a site not previously known to contain ICMs or submunitions, work will cease the Contractor will contact the responsible Contracting Officer and the appropriate point of contact in their Work Plan (WP)/Accident Prevention Plan (APP). The Contractor shall secure the area and provide two personnel to secure the site until relieved by the Department of the Army emergency response personnel. Additional support may be required by the emergency response personnel, e.g., construction of blast mitigation controls. 2.9 HTRW at MMRP/OMRS. During Munitions Responses or other munitions related operations, the Contractor may encounter HTRW material containers, landfills, Open Burning/Open Detonation (OB/OD) areas, ground spills, contaminated surface water, or contaminated groundwater. If suspected HTRW of unknown origin and nature is encountered, the Contractor shall immediately stop work in the affected area, and notify the responsible KO and the appropriate point of contact in their WP/APP. The Contractor shall take necessary actions to protect the safety of its workforce, the public, and the environment in close consultation with the Contracting Officer. 2.10 HTRW. Work performed at HTRW locations will generally follow the CERCLA process. However, some projects may follow the RCRA Corrective Action process for active installations. If disposal is required per the Task Order, the Contractor shall ensure that all hazardous waste is properly transported to and disposed of at a permitted Treatment Storage and Disposal Facility (TSDF) in compliance with all applicable International, Federal, State, and local requirements. 2.11 Laboratory Capabilities.
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2.11.1 Laboratories must demonstrate compliance with the DoD Quality Systems Manual (DoD QSM) (latest version) through accreditation by the DoD Environmental Laboratory Accreditation Program (DoD ELAP) for all project-required parameters. A list of laboratories accredited under DoD ELAP can be found at the DoD ELAP Denix web site at http://www.denix.osd.mil/edqw/Accreditation/AccreditedLabs.cfm. The laboratory used shall have experience handling media potentially contaminated with munitions constituents and shall be identified early in the project planning (at the proposal stage). For additional details on laboratory requirements, see DID HNC-005.02. 2.11.2 Any laboratory performing chemical analysis must provide its DoD ELAP accreditation certificate and supporting documentation to the applicable Military Munitions Design Center (MM DC) in order to be approved by that MM DC. If the laboratory fails to meet project-specific requirements, the KO or Contracting Officer’s Representative (COR) may require the Contractor to stop using this laboratory and obtain analytical services from another qualified laboratory that can meet project-specific requirements. The contract laboratory may not subcontract analytical services to another laboratory without the approval of the Contracting Officer. The subcontracted laboratory must meet all requirements for the contract laboratory.
2.11.3 Geotechnical Testing Laboratories. Geotechnical testing shall be conducted in accordance with the requirements of ER 1110-1-8157, Geotechnical Data Quality Management for Hazardous Waste Remedial Activities, to include laboratory requirements specified in ASTM D-3740. The laboratory shall have experience performing physical testing of materials potentially contaminated with HTRW or MC. The types of laboratory services anticipated under this contract include, but are not limited to, mechanical analysis (sieve analysis), hydrometer analysis, Atterberg Limits, soils classifications, permeability, standard and modified proctor tests and relative density tests. 2.11.4 Task Order proposals shall identify the primary laboratory and secondary laboratory (ies) to be used for geotechnical laboratories and laboratories performing chemical analysis. 2.12 Security. When work is performed at a military installation, the Contractor shall comply with all security requirements of that installation. In accordance with Engineering Regulation, ER 380-1-18 (http://www.publications.usace.army.mil/), Section 4, foreign nationals who work on USACE contracts or task orders shall be approved by the HQUSACE Foreign Disclosure Officer or higher before beginning work on the contract/task order. This regulation includes Subcontractor employees. The Contractor shall submit to the Contracting office the names of all foreign nationals proposed for performance under this contract/task order, along with documentation to verify that he/she was legally admitted into the United States and has authority to work in the U.S. Additional security requirements may apply such as those required to fulfill OPORD 2013-74 (Integrating Antiterrorism (AT) and Operations Security (OPSEC) into the USACE Acquisition Process) 2.13 Performance-Based Milestones/Objectives: The Government defines Performance Based Milestones/Objectives as the desired outcome(s) that have been defined in the Performance Work Statement in clear, simple, concise, results-oriented, measurable and legally enforceable terms. The Government defines the completion of a Performance Based Milestone/Objective as:
an outcome that has been 100% completed and approved and accepted by the approval authority under the Task Order/Contract. Simply meeting the Milestone/Objective, (i.e., submittal of a document for review) is not the same as completion of the Milestone/Objective. Only upon the completion, approval, and acceptance will the Government pay for that Milestone/Objective. 2.14 A Performance Work Statement (PWS) for a Task Order will to every extent possible:
– Define desired results/outcomes. – Define what level of performance is expected (and ensure it is meaningful, measurable and fair) and use performance standards and Quality Assurance Surveillance Plans (QASP). – Provide all information known about the site(s), or where it can be located and accessed by the Contractor. – Define incentives and disincentives. – Define the terms using clear and concise language avoiding vague or broad statements.
3.0 SPECIFIC SERVICES. 3.1 Task Orders. Task Orders issued under this Contract may be Firm-Fixed Price and/or Cost-Reimbursable incorporating the Service Contract Labor Standards (formally known as the Service Contract Act) and/or the Construction Wage Rate Requirements (formally known as the Davis Bacon Act) Wage Determinations, as applicable, depending on the type of work being performed in each individual Task Order. For each Task Order under this contract, the Government will provide a specific Scope of Work (SOW) or PWS describing at a minimum the work required to be performed, performance metrics, schedule requirements, types and numbers of submittals, and places for review. The Contractor shall, upon award of a Task Order, supply all personnel, tools, equipment, communications, transportation, materials and supervision (except as otherwise noted) to integrate, manage, and execute all specified aspects of the Task Order. If Government Furnished Property (GFP) will be provided to or if property is acquired under a Cost-Reimbursable CLIN to/by the Contractor for use on individual task orders, and it is approved to do so IAW FAR 45.102 and DFARS PGI 245.103-70, the Contractor shall control, maintain, care for, and use Government Property in its possession or control from the time of receipt until properly relieved of responsibility IAW FAR and DFARS clauses outlined in the Contractors Property Management Control Plan. 3.2 Site Visit. 3.2.1 Pre-proposal. A site visit may be authorized by the KO to assist in the preparation of the Contractor’s proposal. Cost for this site visit will be at the Contractor’s own expense. The Government strongly encourages, but does not require, the Contractor to prepare an Abbreviated Accident Prevention Plan (AAPP) to ensure extra safety precautions are taken to avoid an accident. No intrusive activities shall be conducted during the site visit and site access restrictions may apply. 3.2.2 Post Task Order award. A site visit may be authorized by the KO to assist in the preparation of the initial Work Plan (WP) for field activities. Cost for this site visit will be covered under the Task Order. The Contractor shall prepare an (AAPP) and submit it to the
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responsible KO for acceptance before the site visit. The format of the AAPP shall comply with current USACE guidance. The Contractor will not conduct any intrusive activities during the site visit. 3.3 Work Plan. The Contractor shall prepare and submit, for KO acceptance, a WP/UFP-QAPP in accordance with DD Form 1423, EM 385-1-97, EM 200-1-15, DID HNC-001.02, or other guidance as specified by the KO, describing how the required effort will be accomplished. The Contractor may not mobilize to the site or begin working until the KO has accepted the WP and issued a Notice to Proceed (NTP). MEC-related operations may not begin until applicable explosives safety plans (e.g. Explosive Safety Submission (ESS), Explosive Siting Plan (ESP) have been approved. 3.4 Task Activities. Typical activities under Task Orders to this contract may include, but are not limited to: 3.4.1Administrative and Permanent Record Files. Establish and maintain Administrative and Permanent Record files for projects in formats required in the project Task Order. 3.4.2 Air Monitoring. Conduct on-site work area and site perimeter air monitoring for protecting workers, visitors, public, and the environment. 3.4.3 Anomaly Avoidance. Provide support to field operations as necessary to avoid buried anomalies and surface munitions. 3.4.4 Anomaly Investigation. Excavate and evaluate target anomalies to determine their identity, size, composition, depth, location and condition. 3.4.5 Antiterrorism Compliance. The Contractor shall ensure contracts comply with Integrating Antiterrorism (AT) and Operations Security (OPSEC) provisions of the FAR, DFARS, and USACE specific contracting policy guidance. 3.4.6 Blast-Effects Engineering Analysis. Perform complex engineering analyses of the effects of the overpressure, heat, fragmentation, and related factors resulting from detonations and implement effective mitigation measures. 3.4.7 Building Demolition. Conduct building demolitions incidental to building remediation and disposal. 3.4.8 Chemical Sampling and Analysis. Perform chemical sampling and analyses (both on-site and off-site) for MC, HTRW, and other target compound list chemicals as required. 3.4.9 Community Relations. Perform community relations actions to include but not limited to: restoration and advisory board support, public meeting support, community restoration planning, and other stakeholder forums that facilitate public involvement; perform educational awareness training; establish and maintain Administrative Records, prepare Community Relations Plans for
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various response, service and support activities. Surveys may include CWA and BWA contaminated facilities to determine remediation required for facility decommissioning 3.4.10 Conduct hazardous building materials surveys. Conduct surveys for hazardous building materials to include but not limited to lead, asbestos and PBCs, analyze surveys to develop operation and maintenance report or remediation reports. Perform abatement with personnel certified in abatement when certification is required. 3.4.11 Construct/deploy and maintain waste incinerators. Construct/deploy and maintain short term waste incinerators for compliance/remediation response. 3.4.12 Construction Support. Provide support at construction sites to ensure safety of construction personnel to include but not limited to clearing anomalies prior to intrusive construction operations, visual surveillance and reconnaissance, performing demolition operations, etc. 3.4.13 Cost Analysis. Perform cost analyses for various responses, service and support activities. 3.4.14 Cost Engineering Support. Develop cost-to-complete estimates that support the environmental liability reporting for the Army Formerly Used Defense Sites (FUDS) program, the Army Installation Restoration Program and other USACE customers. Provide ancillary services such as review of cost estimating products, maintenance of the unit price book, review of Remedial Action Cost Engineering and Requirements (RACER) cost models and assemblies, and other related tasks. 3.4.15 Dig and Haul. Properly recover, treat, store, transport, and dispose of contaminated environmental media including dewatering design as needed. 3.4.16 Engineering Evaluations. Perform engineering evaluations for various responses, service and support activities. 3.4.17 Engineering Support or Design. Provide engineering support or design for various responses, service and support activities. 3.4.18 Environmental Assessment. Perform environmental assessments to assess potential impacts of and alternatives to federal action. 3.4.19 Environmental Impact Statement. Prepare Environmental Impact Statements to assess the potential impacts of and alternatives to federal actions. 3.4.20 Environmental Master Planning. Develop Environmental Master Plans for various responses, service and support activities. 3.4.21 Environmental Permits. Prepare or support the preparation of permits for operations.
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3.4.22 Environmental Restoration. Environmental Restoration to include but not limited to: chemical treatment, neutralization, incineration, stabilization, fixation or encapsulation, bioremediation, extraction of water or soil gas. 3.4.23 Evacuations. Perform necessary coordination with property owners to evacuate the public from areas within exclusion zones during various responses, service and support activities as required. 3.4.24 Explosive Ordnance Support. Perform Explosive Ordnance operations to include but not limited to range maintenance and emergency response. 3.4.25 Field Reconnaissance. Verify or substantiate past usage of specific areas as well as presence of MEC, MC or HTRW by conducting field reconnaissance. 3.4.26 Feasibility Studies. Perform feasibility studies for various responses, service and support activities. 3.4.27 Geologic and Hydrogeologic Support. Provide geological and hydrogeological support, including but not limited to: the design, oversight, and installation of soil/rock borings, monitoring wells and/or extraction wells; the proper development and sampling of such wells; the analysis and interpretation of collected samples; the analysis of ground water flow; borehole or trench logging and sampling for geotechnical and chemical analysis; and the oversight and logging for the abandonment of wells. 3.4.28 Geographic Information System. Develop Geographic Information System (GIS) databases; create and manage a computerized GIS for various responses, service and support activities. 3.4.29 Geophysical Surveys and Mapping. Perform digital and analog geophysical surveys using instruments capable of detecting, locating, and identifying underground features for various response, service and support activities. 3.4.30 Groundwater Wells. Perform design, drilling, installation and development of groundwater monitoring wells, production wells, extraction wells, piezometers or other instrumentation. 3.4.31 Historical Data Analysis. Conduct witness interviews, collect and analyze historical information such as photographs, records, data, and documents to identify past use of a site. 3.4.32 Hydrogeological Studies. Conduct hydrogeological field-testing and perform analyses and data interpretation. This may include aquifer testing by pumping or slug test methods. 3.4.33 Implement Green and Sustainable Remediation (GSR) Practices: The Contractor shall include process of considering, incorporating, documenting, and evaluating the benefits of green and sustainable remediation (GSR) practices Pursuant to the Department of Defense (DoD) Memorandum “Consideration of Green and Sustainable Remediation Practices in the Defense
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Environmental Restoration Program” (DoD, 2009), GSR employs strategies throughout the remedial process that:
• Use natural resources and energy efficiently; • Reduce negative impacts on the environment; • Minimize or eliminate pollution at its source; • Protect and benefit the community at large; and • Reduce waste to the greatest extent possible.
3.4.33 Innovative Technology. Investigate, develop, demonstrate, validate, and apply emerging technology tools, techniques, methodologies, and equipment for various responses, service and support activities. 3.4.34 Institutional Analysis. Identify and evaluate the local regulatory, demographic, and related factors that may affect, or be affected by the use and management of real property potentially containing or contaminated with HTRW, MEC, MC or other munitions. 3.4.35 Instructional Support. Provide instruction, training, and/or develop training materials and training aids, for various responses, services, and support activities otherwise within scope of this contract. 3.4.36 Landfill Liners and Covers. Design, construct, install and/or monitor temporary and permanent liners and covers for landfills. 3.4.37 Logistical, Medical and Engineering Management. Provide logistical (e.g., food services, lodging, transportation, and other necessary equipment and supplies), medical and other services to sustain field operations for various response, service and support activities. 3.4.38 Long Term Management (LTM). Perform LTM activities to include 5-Year reviews. 3.4.39 MEC-related operations or other munitions related operations. Provide the necessary personnel and equipment for any operation with the purpose of intentional physical contact with MEC, MC, or other munitions. The procedures used during Munitions Response actions and other munitions related operations shall comply with those contained in Engineering Manual 385-1-97, the accepted WP, and approved explosives safety plans (ESS, ESP, CSS, CSP, IHFSP). If burning/detonating operations cannot be conducted on-site, the Contractor shall pack and transport all MEC and/or MPPEH to an approved storage or disposal area. If MEC or other munitions are encountered that cannot be moved due to its condition and the location prevents disposal in place, then the project’s USACE OE Safety Specialist or Range Control shall be notified. 3.4.40 Monitoring (Short and Long term). Monitor environmental treatment processes for various responses, service and support activities. These activities may include sampling and analysis of treatment process influent, effluent, and residuals; soil; air emissions; ground water; or other environmental media. Conduct studies to optimize the monitoring programs.
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3.4.41 Operation and Maintenance (Short and Long term). Prepare operations and maintenance plans for on-going treatment operations/equipment. Operate and maintain environmental treatment processes for HTRW remediation, or Munitions Demilitarization projects. 3.4.42 Optimization of Remediation Systems. Provide independent and expert evaluation of remediation activities, treatment systems, monitoring programs to improve effectiveness, accelerate cleanup, and reduce future costs of remediation. 3.4.43 Potentially Responsible Party (PRP) Support. Provide technical review and assistance for PRP claims resolution for various responses, service and support activities. 3.4.44 Programmatic Studies and Documentation. Prepare programmatic studies, documentation, and technical guidance in support of USACE's management activities in support of various responses, service and support activities. 3.4.45 Range Clearance/Maintenance. Provide support at operational ranges as necessary to remove military munitions, munitions debris, and other range-related debris. 3.4.46 Remote Sensing. Collect and/or analyze remote sensing data (e.g., aerial and satellite imagery, hyperspectral data, LIDAR, or other stand-off sensors) to determine physical characteristics and/or current and past use of a site. 3.4.47 Risk Assessment. Perform quantitative and/or qualitative risk assessments and/or impact analyses and/or hazard assessment to support various response, service and support activities. 3.4.48 Remedial Investigations. Perform remedial investigations to support various response, service and support activities. 3.4.49 Remedial and Removal Response Actions. Perform short-term, long-term, and permanent actions as necessary to achieve clean-up of media contaminated with materials including but not limited to ordnance scrap, ordnance firing systems, UXO, MEC, MC, HTRW, or other environmental contamination. Response actions may include sorting, sampling and analysis, decontamination, neutralization, recycling, consolidation, disposal, and removal of drums, tanks, structural and other materials. 3.4.50 Site Inspections. Perform site inspections for various responses, service and support activities. 3.4.51 Site Security. Provide site security to include but not limited to security plans, fencing, barriers, signage, intrusion detection systems, or guard service as required for various response, service and support activities. At a minimum, the Contractor shall maintain all areas to minimize the risk of injury or accident and prevent unauthorized access. When working at BRAC or active installations, there may be additional installation-specific security requirements that shall be followed.
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3.4.52 Support Facilities. Install and operate support facilities (e.g., site project office, command post, decontamination facilities, roads, and utilities) and establish exclusion, contamination reduction, and support zones. The site project office shall include space for one or more Government representatives. The Contractor shall locate staging and demolition areas, subject to Government approval. 3.4.53 Surveying. Provide location surveys along with conventional and global positioning system (GPS) mapping to support various responses, service and support activities. 3.4.54 Technical Project Planning. Participate in and facilitate meetings with DoD personnel, regulatory agencies, restoration advisory boards, and other stakeholders to determine appropriate approaches to project implementation. 3.4.55 Treatability Studies. Perform laboratory, bench-scale, and field trials of approaches to optimize clean-up of contaminated media. 3.4.56 Waste Collection and Control. Provide process control (i.e. waste management from point of origin to controlled final disposition) for various waste streams to include but not limited to: lithium batteries, asbestos, waste oils, DFAC oils, antifreeze, hydrocarbon contaminated soils, and sewage sludge via standardized safe disposal practices, environmental laws, and regulations. 3.4.57 Water Treatment Plants/Pump and Treat. Design, permit, construct, upgrade, maintain, and/or operate facilities to remove contaminants from groundwater or surface water. 3.5 Environmental and Munitions Center of Expertise (EM-CX) Support. Provide technical support to EM-CX staff technical disciplines such as environmental chemists, analytical chemists, health physicists, industrial hygienists, environmental risk assessors, geologists, geotechnical engineers, environmental engineers, process engineers, cost engineers, project managers, and other related disciplines. Support may include but is not limited to developing guidance (e.g. checklists, example reports and correspondence etc.) conduct desk audits, on-site laboratory inspections, conducting optimization studies, etc. 3.6 Other DoD and Federal Agencies Support. Provide MMRP, OMRS, and HTRW investigations, evaluations and response assistance on an as-needed basis to other DoD and Federal Agencies. Perform other MMRP, OMRS, and HTRW related work for foreign governments/agencies, where appropriately sponsored by DoD or other Federal Agency. 4.0 CONTRACT MANAGEMENT AND DELIVERABLES. 4.1 Program Management. The Contractor shall submit a Monthly Status Report each month for the duration of the task order in accordance with DD Form 1423 and DID HNC 009.01 4.2 Project Management. The Contractor shall execute each task under the direction of a Project Manager (PM), meeting the qualification requirements of paragraph 5.4.5.
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4.3 Quality Management. 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 the contractual requirements. Quality Assurance Projects Plans shall be prepared in accordance with EM 200-1-15. 4.4 Presentations and Meetings. The frequency and locations of presentations and meetings will be identified in each Task Order. 4.5 Contract Deliverables. Contract deliverables shall be prepared and submitted as required by individual Task Orders. 4.6 Logs, Reports, and Record keeping. The Contractor shall maintain safety inspection reports, accident/incident reports, medical certifications, training logs, monitoring results, QC records, etc. The Contractor shall maintain all exposure and medical monitoring records in accordance with OSHA Standard 29 CFR 1910 and 1926. 4.7 Review Comments. Various reviewers shall have the opportunity to review submittals made by the Contractor. The Contractor shall review all comments received and evaluate their appropriateness based upon their merit and the requirements of the individual Task Order. The Contractor shall provide written responses to all comments and incorporate comments as appropriate. The Contractor shall not non-concur with a comment without discussing with the Government and/or comment maker. Subsequent document submittals shall be provided in redline-strikeout text to facilitate comment back checking unless otherwise directed by the KO or PM. 4.8 Telephone Conversations/Correspondence Records/Meeting Minutes. The Contractor shall keep a record of each phone conversation, written correspondence concerning the individual Task Order and meeting minutes in accordance with EM 200-1-15. A copy of these records shall be attached to the Project Status Report. 4.9 Project Status Reports. The Contractor shall prepare and submit Project Status Reports in accordance with DID HNC-009.01 HNC-010.01 and include any other items required in the individual Task Order. 4.10 Government Furnished Property and Services. 4.10.1. Government Property. If it has been deemed, and IAW 45.102 and DFARS PGI 245.103-70 that the Government will provide Government property for exclusive use by the Contractor as deemed appropriate for the Contractor to perform the requirements of each task order the Government makes no representation that the materials furnished by the Government are completely sufficient to accomplish the requirements of a particular task order. If property is provided the Contractor shall check the items for adequacy and accuracy prior to utilization. The Contractor is not authorized to distribute Government-supplied materials without the express approval of the Contracting Officer.
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4.10.2 If the Contractor is provided Government property on a task order, upon completion or termination the Contractor shall return the Government property provided to them, with exception of dispositioned items for turn in to the Government in the same condition as received, less fair wear and tear. The Contractor shall be responsible for the cost of any repairs or replacement caused by the willful misconduct or lack of good faith on the part of the Contractor’s managerial personnel in accordance with FAR 52.245-1(h)(1)(ii). 4.10.3 The Contractor shall not use property provided by the Government for any purpose other than in the performance of this contract. 4.10.4 Inventory. Prior to the start of a task order a joint inventory shall be conducted between the Contractor and the Government for any Government property that may be provided. Both parties will determine the condition and serviceability of the property, once satisfied with the findings of the inventory the Contractor will sign for and assume stewardship responsibility for the Government Property provided to them via the Contracting Officer. The Contractor shall establish and implement a property management control plan, system, and procedures at the task order level to enable the outcomes set forth in FAR 52.245-1(f)(i) through (x). 4.11 Files. The Contractor shall maintain complete and accurate files of documentation, records, and reports required under the terms of the contract. The Contractor shall not allow access to the files by any Government agency, non-Government agency, or individual unless specifically authorized by the Contracting Officer or designated representative. Files shall be made available to the Contracting Officer or designated representative upon request. All files are the property of the Government and shall be turned over to the Contracting Officer or designated representative at the completion or termination of this contract. All briefings, reports, and other files produced by the Contractor for the Government under the terms of this contract shall be property of the Government. 5.0 PERSONNEL QUALIFICATIONS. 5.1 The qualifications of site personnel shall be as listed below for those categories that are included in the CLIN structure. The Contractor shall submit a Personnel Qualifications Certification Letter and maintain personnel résumés in accordance with EM 200-1-15. Also, the Contractor shall certify in writing to the KO that all personnel with access to Contractor acquired explosives are in compliance with 18 U.S.C. § 842. The Contractor shall not employ current Federal employees, military or civilian, in performance of any work under the contract without prior written approval of the Contracting Officer. Site personnel shall be required to update yearly their training and document the training received. 5.2 UXO Personnel shall meet the qualification requirements for the position as described in TP-18 (Reference 10.94). Contracting Officer approval is required prior to start of intrusive operations. 5.3 Exception to U.S. Citizenship Requirement. The Contractor may hire non-U.S. citizens to fill UXO personnel positions provided all of the following conditions are met:
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5.3.1 The Contractor shall be prohibited from hiring any worker whose training does not qualify the worker for doing the job for which he/she is hired. The Contractor shall be required to provide a certification for each non-U.S. worker hired. The certification shall include a risk-based analysis of the work or activities to be performed and shall demonstrate that the proposed worker has received adequate training and experience to qualify him/her for the specific position. Completion of EOD training in foreign nations that is comparable to the U.S. EOD training shall be used to demonstrate the qualifications for proposed workers. The Contractor's certification shall be provided to the KO for approval. 5.3.2 The non-U.S. workers hired by Contractors must also meet other legal requirements for working in the U.S or in locations where work is being performed under this Contract. 5.3.3 The Contractor shall ensure that contract employees without a valid security clearance and non-U.S. citizens do not have access to the classified portions of the TM-60 publications. 5.4 Key Personnel. When required for the work effort, the following personnel will be designated as key personnel and shall meet the minimum qualifications listed for each labor category. These personnel shall be the Prime Contractor’s personnel and not subcontracted to a team member. 5.4.1 Program Manager. The Contractor shall designate a Program Manager, meeting the requirements of "Project Manager" in accordance with paragraph 5.4.5, for the overall contract that provides a single Point of Contact (POC) for the KO, provides programmatic reporting to USACE, and who can address overall management and contracting issues. This person shall have experience in managing all types of Environmental Remediation, to include HTRW soil and groundwater remediation as well as military munitions response actions, at a minimum. 5.4.2 Quality Managers. The Contractor may dual-hat the following key personnel: 5.4.2.1 Corporate Quality Manager. The Contractor shall designate a Corporate Quality Manager with documented training and with at least 3 years experience in directly related work, and who can address overall quality management, quality control/assurance, quality auditing, or process improvement. The Quality Manager assures overall quality of contract deliverables and general contract compliance. 5.4.2.2 Programmatic Quality Control Manager. The Programmatic Quality Control Manager shall meet the personnel qualification requirements and perform the roles and responsibilities of a Quality Assurance Manager as specified in Section 7 and 8 of the DoD Policy and Guidelines for Acquisitions Involving Environmental Sampling or Testing. 5.4.3 Safety and Health Professionals. In accordance with the US Army Corps of Engineers Safety and Health Requirements Manual (EM385-1-1, current version), a Safety and Health Manager (SHM) is required for all projects. The SHM shall be an employee of the prime and must able to address the overall health and safety issues at the site. The SHM, dependent upon the contaminant-related hazards on the project, shall be a Certified Industrial Hygienist (CIH), Certified Safety Professional (CSP) or Certified Health Physicist (CHP). If the project involves
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radioactive material, then the Contractor shall have a CHP assigned to the project, accessible to the field crew; but not necessarily required to be on-site. The SHM shall have a minimum of three (3) years of experience managing safety and occupational health at hazardous waste site cleanup (or radioactive waste sites, if necessary) operations. The SHM shall enlist the support of safety and occupational health professionals with appropriate education and experience when working on sites with multiple (chemical, safety, ionizing radiation) hazards. The SHM shall demonstrate the authority to shut down the site work if/when Health and Safety becomes an issue. The SHM shall have a working relationship with the SSHO/UXOSO so that the SSHO/UXOSO can readily access the SHM if any safety or health questions or concerns arise at the site. 5.4.4 Project Manager. The Contractor shall execute each task under the direction of a Project Manager (PM), who shall ensure that all work is accomplished with adequate internal controls. This individual shall have at least 3 years’ experience in general contract project management on programs similar in size and complexity to the effort described in the PWS. It is desired that the PM have a Project Management certification from a reputable institution, but it is not required. The PM shall serve as the Contractor's single POC for the Task Order. The PM shall implement procedures to eliminate conflicts, errors, and omissions and ensure the accuracy of all output. The PM shall maintain close communication and coordination with the USACE for the duration of the project, including monthly/weekly progress and cost reporting and periodic reports in accordance with DID HNC-009.01. 5.4.5 Scientist 3 - Senior Geologist/Hydrogeologist. This individual shall have, as a minimum, a bachelor's degree in Geology, Hydrogeology, or geological engineering and meet the other experience and education requirements as stated below in section 5.6.3. In addition, hydrogeologists shall have specific education, training, and experience appropriate in hydrogeology. 5.4.6 Engineer 3 – Environmental/Chemical Engineer - The Contractor shall utilize an Environmental Engineer for engineering efforts requiring this expertise. The Environmental Engineer shall have a college degree in Environmental Engineering or closely related Engineering Degree and meet the other experience and education requirements as stated below in Section 5.8.3. 5.4.7 Senior Geophysicist. This individual shall have a degree in geophysics, geology, geological engineering, or a closely related field, and shall have a minimum of 5 years of experience directly related to the geophysical mapping, detection and discrimination of buried military munitions. This individual has overall responsibility for design, implementation, and management of all geophysical investigations required for the work effort related to military munitions, but may not necessarily be on-site full time. This individual shall be the project geophysicist-of-record. 5.4.8 Senior UXO Supervisor (SUXOS). This individual shall meet the qualifications, and perform the functions, as described in TP 18.
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5.4.9 Senior Contracts Manager. This individual shall have experience in Firm Fixed Price (FFP) and Cost Plus Fixed Fee (CPFF), contracts and should have a minimum of 10 years of federal contracting experience (either working with the Government or for a DoD Contractor). 5.4.10 Contractor Project Chemist – This individual shall meet the more stringent of the requirements listed in Section 8.2.5.1.1. of EM 200-1-15 and in Section 7 and 8 of the DoD Policy and Guidelines for Acquisitions Involving Environmental Sampling or Testing. The Contractor project chemist roles and responsibilities shall be as described in those sections. 5.4.11 UXO Safety Officer (UXOSO). This individual shall meet the qualifications, and perform the functions, as described in TP 18. 5.5 Other Labor Categories. The following labor categories may be required for the work effort, as described in each specific Task Order. 5.5.1 UXO Technician I. This individual shall meet the qualifications, and perform the functions, as described in TP 18. 5.5.2 UXO Technician II. This individual shall meet the qualifications, and perform the functions, as described in TP 18. 5.5.3 UXO Technician III. This individual shall meet the qualifications, and perform the functions, as described in TP 18. 5.5.4 UXO Quality Control Specialist (UXOQCS). This individual shall meet the qualifications, and perform the functions, as described in TP 18. 5.5.5 UXO Sweep Personnel. UXO Sweep personnel assist UXO Technicians and supervisory personnel in the clearance of MEC, operating only under the direct supervision of a qualified UXO Technician III. This position requires site and job specific Contractor training (which may include ordnance recognition, safety precautions, donning and doffing personnel protective equipment, etc.) but does not require UXO Technician qualifications. UXO Sweep Personnel conduct visual and/or instrumented MEC search activities in the field; perform field maintenance on military and civilian magnetometers; operate ordnance detection instruments and other similar equipment to include digital geophysical mapping instruments; and remove munitions debris after such items have been certified/verified safe for handling by a qualified UXO Technician. UXO Sweep Personnel shall not excavate anomalies or handle MEC. UXO Sweep Personnel shall not be involved in the execution of explosives operations. 5.5.6 Transportation and Disposal Coordinator: Transportation and Disposal Coordinator (TDC) shall serve as the single point of contact for all environmental transportation matters and shall have overall responsibility for total environmental compliance related to transportation including, but not limited to, determination of proper shipping names; identification of marking, labeling, packaging and placarding requirements; completion of waste profiles, hazardous waste manifests, PCB manifests, bills of lading, exception and discrepancy reports; and reports; and all other environmental documentation. The TDC shall have, at a minimum, one year of specialized
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experience in the management and transportation of hazardous waste and have been Department of Transportation certified under 49 CFR 172, Subpart H. 5.5.7 Hazardous Materials Transportation Specialist. Hazardous Materials Transport Specialist shall serve as the point of contact for International Air Transport Association (IATA) Dangerous Goods Regulations (DGR), International Maritime Dangerous Goods (IMDG) Code and Department of Transportation requirements for the shipment of hazardous materials. The HMTS shall have, at a minimum, one year of specialized experience in the management and transportation of hazardous waste and have been Department of Transportation certified under 49 CFR 172, Subpart H. Training requirements may be project specific but will model training on : Air § 175.20, Vessel § 176.13 and Highway §§ 177.800, 177.816, IATA and IMDG. 5.5.8 Program Property Manager. Program Property Manager. The Contractor shall designate a Program Property Manager who shall, in conjunction with designated Government representatives, be required to maintain up-to-date Government property records and inventory of property for all Government Property (GP), and Contractor Acquired Property (CAP). The Contractor’s Program Property Manager shall maintain accounting documentation regarding the issuance of GP/CAP to all Contractor employees or Subcontractors in accordance with (IAW) FAR Clause 52.245-1. The Contractor’s Program Property Manager shall coordinate with other program Contractor property personnel, and designated Government representatives, as applicable, regarding the management and accounting of GP/CAP. The Contractor’s Program Property Manager shall at a minimum be Certified Professional Property Administrator (CPPA) but the Certified Professional Property Manager (CPPM) is preferred. Must have 3-5 years of property management experience on US Government projects, and a familiarity with asset management software for property and materials). 5.6 Qualifications of Scientific and Engineering Staff. The Contractor shall utilize only personnel who meet or exceed the following minimum qualifications on projects that will be executed under this Contract. The Contracting Officer may request the résumés of any of these personnel to verify that they meet the minimum requirements set forth in this Section C before Task Order award. Résumés of some personnel are required to be submitted when submitting a proposal for an individual Task Order. 5.6.1 Scientist 1 – General: This individual shall have as a minimum a Bachelor of Science or Art in the specified scientific field. 5.6.2 Scientist 2 – General: This individual shall have as a minimum a Bachelor of Science or Art in the specified scientific field with at least three (3) years of experience in their area of professional expertise. 5.6.3 Scientist 3 – General: This individual shall have as a minimum a Bachelor of Science or Art in the specified scientific field with at least seven (7) years of experience their area of professional expertise. In addition, at level 3, Professional Registration is required for geologists and hydrogeologists. 5.7 Specific scientific disciplines include but are not limited to:
5.7.1 Biologist. This individual shall have, as a minimum, a bachelor's degree in Biology or closely related field and meet the other experience and education requirements as stated above. 5.7.2 Chemist. This individual shall have, as a minimum, a bachelor's degree in Chemistry or closely related field and meet the other experience and education requirements as stated above. The Contractor shall utilize Chemists who shall ensure that all chemistry related goals of the Task Order are attained. The Chemists should have general knowledge of remedial process chemistry, fate and transport of organic, inorganic, and radiological contamination in environmental matrices. The Chemists will be required to have advanced expertise in chemical data quality management of environmental analytical data. The Chemists shall conduct or oversee all on-site analytical testing including field-screening tests. The Chemists shall review all off-site Contractor analytical testing, and coordinate Government Quality Assurance testing that verifies the Contractor chemical data. The Chemists shall review and verify all chemical data for hazardous waste manifests. The Chemists shall also prepare all data validation reports or review for accuracy all data validation reports prepared by Subcontractors. 5.7.3 Geologist/Hydrogeologist. This individual shall have, as a minimum, a bachelor's degree in Geology, Hydrogeology, or geological engineering and meet the other experience and education requirements as stated above. In addition, hydrogeologists shall have specific education, training, and experience appropriate in hydrogeology. 5.7.4 Geophysicist. This individual shall have a degree in geophysics, geology, geological engineering, or a closely related field and meet the other experience and education requirements as stated above. Geophysicists shall have specific education, training, and experience appropriate in any geophysical investigations managed. This individual is responsible for day-to-day operations of the site geophysical investigations. 5.7.5 Certified Industrial Hygienist (CIH). This individual shall meet the Office of Personnel Management Standards for the Industrial Hygiene Series GS-690 and is certified by the American Board of Industrial Hygiene with at least 3 years hazardous waste site operations experience. Board certification or eligibility shall be documented by written confirmation by the American Board of Industrial Hygiene (ABIH). Military personnel must be identified as being a qualified Industrial Hygienist by the Surgeon General and be certified by the American Board of Industrial Hygiene. 5.7.6 Certified Safety Professional. This individual shall meet the Office of Personnel Management Standards for the Safety and Occupational Health Specialist/Manager Series GS-018 or Safety Engineer Series GS 803 and be certified by the Board of Certified Safety Professionals or be a Registered Professional Engineer, with at least 3 years experience in hazardous waste operations. The Certified Safety Professional, by virtue of his/her education, special studies, and training, shall demonstrate competence in the practice of safety and occupational health. 5.7.7 Certified Health Physicist (CHP). This individual shall meet the Office of Personnel Management Standards for the Health Physicist Series, GS-1306 and be certified by the
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American Board of Health Physicists with at least 3 years experience in hazardous waste operations. The CHP, by virtue of his/her education, special studies, and training, shall demonstrate competence in the practice of Health Physics. 5.7.8 Geographic Information Systems (GIS) Manager. This individual shall have a minimum of 3 years of direct experience managing computerized GIS such as Microstation, ESRI, Arc/Info, or ArcView. Operation and management of site specific GIS, based on USACE hardware and software standards may be a major element of this project. 5.7.9 Industrial Hygienist (IH). This individual shall meet the Office of Personnel Management Standard for the Industrial Hygiene Series GS-690 in accordance with at least one of the following criteria: a minimum of 3 years experience in HTRW work (not certified by the American Board of Industrial Hygiene); certified by the American Board of Industrial Hygiene with a minimum of one year experience in HTRW work; or former military personnel identified as being a qualified IH by their service’s Surgeon General and having 3 years experience in HTRW work. In addition, it is expected that the IH, by virtue of his/her education, special studies, and training, have acquired competence in the practice of Industrial Hygiene. 5.7.10 Risk Assessor. This individual shall have, as a minimum, a Bachelor’s degree in chemistry, biology, or toxicology (or a closely related field) and at least 5 years of directly related environmental risk assessment experience. 5.7.11 Site Safety and Health Officer (SSHO). The SSHO is required at cleanup operations other than MMRP sites. The SSHO shall have a minimum of one (1) year of experience implementing safety and occupational health procedures at cleanup operations. The SSHO shall have training and experience to conduct exposure monitoring/air sampling and select/adjust protective equipment use. The SSHO shall demonstrate the authority to shut down the site work if/when Health and Safety becomes an issue. 5.7.12 Other scientific disciplines as determined on a Task Order basis. 5.8 Specific engineering disciplines include but are not limited to: 5.8.1 Engineer 1 – General: This individual shall have as a minimum an education in the specified engineering discipline. 5.8.2 Engineer 2 – General: This individual shall have as a minimum an education in the specified engineering discipline with at least three (3) years of experience in their area of professional expertise, and professional registration in the specified discipline.
5.8.3 Engineer 3 – General: This individual shall have as a minimum an education in the specified engineering discipline with at least seven (7) years of experience in their area of expertise, and professional registration in the specified discipline.
5.8.4 Specific engineering disciplines include:
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5.8.4.1 Chemical Engineer - The Contractor shall utilize a Chemical Engineer for engineering efforts requiring this expertise. The Chemical Engineer shall have a college degree in Chemical Engineering and meet the other experience and education requirements as stated above 5.8.4.2 Structural Engineer - The Contractor shall utilize a Structural Engineer for engineering efforts requiring this expertise. The Structural Engineer shall have a college degree in Civil Engineering with structural emphasis or Structural Engineering and meet the other experience and education requirements as stated above 5.8.4.3 Electrical Engineer - The Contractor shall utilize an Electrical Engineer for engineering efforts requiring this expertise. The Electrical Engineer shall have a college degree in Electrical Engineering and meet the other experience and education requirements as stated above. 5.8.4.4 Environmental Engineer - The Contractor shall utilize an Environmental Engineer for engineering efforts requiring this expertise. The Environmental Engineer shall have a college degree in Environmental Engineering or closely related Engineering Degree and meet the other experience and education requirements as stated above. 5.8.4.5 Geotechnical Engineer - The Contractor shall utilize a Geotechnical Engineer for engineering efforts requiring this expertise. The Geotechnical Engineer shall have a college degree in civil engineering (soil mechanics, materials or related specialty), geological engineering, or closely related Engineering Degree and meet the other experience and education requirements as stated above 5.8.4.6 Safety Engineer - The Contractor shall utilize a Safety Engineer for engineering efforts requiring this expertise and meet the other experience and education requirements as stated above. This individual shall meet the Office of Personnel Management Standards for a Safety Engineer Series GS-803 or be certified by the Board of Certified Safety Professionals. 5.8.4.7 Civil Engineer - The Contractor shall utilize a Civil Engineer for engineering efforts requiring this expertise. The Civil Engineer shall have a college degree in Civil Engineering and meet the other experience and education requirements as stated above. 5.8.4.8 Surveyor. The Contractor shall utilize a Surveyor for location and mapping efforts requiring this expertise. This individual shall be a licensed Land Surveyor (may be called Professional Land Surveyor (PLS) or Registered Land Surveyor (RLS) depending on the state where registered). He/she oversees the survey party and is responsible for all survey work performed under his/her direction, to include checking final field notes for clarity and accuracy and preparing plats and maps. 5.8.4.9 Other engineering disciplines as determined on a Task Order basis. 5.9 Trainers. The Contractor shall utilize professional trainers who are experienced in the field in which they are providing training classes. Experience must meet or exceed the minimum training/experience requirements for the highest level of professional or academic attainment in the subject discipline as described in this Basic Contract or as described in the Task Order.
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5.10 Other Personnel Matters 5.10.1 Government Employees and Conflict of Interest. The Contractor shall not employ, hire, or contract with employees of the United States Government or the Department of Defense, either military or civilian, if such employment would create a conflict of interest. Federal employees, military or civilian, shall not be employed by the Contractor in performance of any work under the contract; i.e., during off duty hours, regular hours, or while on annual leave. 5.10.2 Conduct of Personnel. The Contracting Officer, or designated representative, may require the Contractor to remove from the job site any employee working under this contract for reasons of misconduct or security violations, or found to be or suspected to be under the influence of alcohol, drugs, or any other incapacitating agent. Contractor employees shall be subject to expulsion from the premises upon determination by the Contracting Officer that such action is in the best interests of the Government. Such removal from the job site or expulsion from the premises shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the services as required by this contract. 6.0 PERFORMANCE METRICS AND QUALITY ASSURANCE. 6.1 The performance evaluation of the Contractor shall be based on certain performance metrics. The metrics include quality, schedule, cost control, business relations, management of personnel, and safety. The government will normally perform evaluations at least on a per Task Order basis and annually. The government will issue appraisals to support exercising subsequent option periods using AFARS 42.15 and ER 715-1-19. The Contractor will be allowed to provide input to specific performance metrics on a Task Order basis. However, the Government will make the final determination of specific performance metrics. Some performance metrics may include but are not limited to the following: 6.2 Contract Level 6.2.1 Client Satisfaction and Quality Review: Data will be collected on an annual basis that illustrates the degree of satisfaction of the MMRP and HTRW clients with overall performance of the work as well as the quality of services performed. 6.2.1.1 Metric: Client satisfaction and quality rating 6.2.1.2 Target/Goal: 80% of comments express overall satisfaction. 6.2.1.3 Measurement: Feedback may be obtained via CEHNC customer satisfaction survey. 6.2.1.4 Incentive/Disincentive: A Contractor not receiving satisfactory appraisals may be in danger of not having its option period exercised, and/or an adverse past performance report may be issued.
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6.2.2 Performance Over All Task Orders Awarded: Data will be collected on an annual basis that illustrates the degree of satisfaction of the MMRP and HTRW project managers for overall acceptance for deliverables submitted as part of all task orders awarded to a particular Contractor. Documentation is critical to the completion of a successful project and shows competency to our stakeholders (customers, regulatory agencies, etc.). 6.2.2.1 Metric: Quality of Final Deliverables 6.2.2.2 Target/Goal: 80% of all final deliverables received are accepted within 2 submissions. 6.2.2.3 Measurement: Feedback may be obtained via CEHNC customer satisfaction survey, COR records 6.2.2.4 Incentive/Disincentive: A Contractor not receiving satisfactory appraisals may be in danger of not having its option period exercised, and/or an adverse past performance report may be issued. 6.2.3 Key Personnel: The Contractor’s performance in selecting, retaining, supporting, and replacing, when necessary, key personnel. 6.2.3.1 Metric: Management of Key Personnel 6.2.3.2 Target/Goal: Contractor submits 100% of all key personnel changes to the KO for approval before changes made at the Contract and/or Task Order level. Key personnel are not routinely changed (more than 2 times) on one or more projects (or more than 3 times for key personnel overseeing base contract requirements over the life of the contract). 6.2.3.3 Measurement: No notices of not complying with the requirement of having approval for key personnel. Key personnel are not routinely changed (more than 2 times) on one or more projects (or more than 3 times for key personnel overseeing base contract requirements over the life of the contract – Program Manager, Property Manager, Contracts Manager, Corporate Quality Manager, and Corporate Health and Safety Officer) due to the inability of the Contractor to retain employees or hire competent employees for those key position. 6.2.3.4 Incentive/Disincentive: The Contractor may be in danger of not having its option period exercised due to potential internal management problems which could affect performance or project execution, and/or an adverse past performance report may be issued. 6.3 Task Order Level 6.3.1 Safety: Data will be collected on an annual basis that captures the number of safety deficiencies. 6.3.1.1 Metric: Maintain high safety standards
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6.3.1.2 Target/Goal: Zero Class A Safety violations (Continental United States Only) where the Contractor is determined at fault 6.3.1.3 Measurement: Submission of accident reports, adverse safety inspection reports, and similar documents. 6.3.1.4 Incentive/Disincentive: Issuance of a cure notice and possible termination of task order or contract for continuous or uncorrected safety violations, and/or adverse past performance reports may be issued, and/or the Contractor may be in danger of not having its option period exercised. 6.3.2 Performance: Data will be collected on at least an annual basis that captures the number of Corrective Action Reports (CARs) given to the Contractor. 6.3.2.1 Metric: Compliance with PWS and referenced applicable regulations 6.3.2.2 Target/Goal: No more than 5 CARs received by the Contractor within a given task order 6.3.2.3 Measurement: Submission of CARs, failure to deliver acceptable product or service in accordance with Performance-Based Milestones/Objectives. 6.3.2.4 Incentive/Disincentive: Issuance of a cure notice and possible termination of task order or contract for continuous or uncorrected performance deficiencies, or for failure to complete Performance-Based Milestones/Objectives, and/or an adverse past performance report may be issued, and/or the Contractor may be in danger of not having its option period exercised. 6.4 Additional metrics that may be needed to monitor the Contractor’s performance and quality of services provided will be determined on a task order by task order basis and identified clearly in the QASP and PRS for that task order. The Contractor will be allowed to provide input to specific performance metrics on a task order basis before finalization of the QASP and PRS. However, the Government will make the final determination of specific performance metrics. These metrics may include, but are not limited to: 6.4.1 Quality of Deliverables or Service: The Contractor’s conformance to contract requirements, specifications, and standards of good workmanship (e.g. commonly accepted technical, professional, environmental, or safety and health standards). 6.4.1.1 Target/Goal – 80% of written plans and reports are accepted within 2 submissions and remedial actions are accepted without rework required. 6.4.2 Schedule: The timeliness of the Contractor against the completion of the contract, task orders, milestones, delivery schedules, and administrative requirements (e.g. efforts that contribute to or affect the schedule variance); and the Contractor’s ability to adhere to the required delivery schedule. This element applies to contract closeout activities as well as contract performance. Instances of adverse actions such as the assessment of liquidated damages or issuance of Cure Notices, Show Cause Notices, and Delinquency Notices are indicators of
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problems that may have resulted in variance to the contract schedule and should, therefore, be noted in the evaluation of the metric. 6.4.2.1 Target/Goal – 90% of all task order deliverables are completed within the Contractor’s proposed schedule. 6.4.3 Cost Control: (Not required for FFP). The Contractor’s effectiveness in forecasting, managing, and controlling contract cost. 6.4.3.1 Target/Goal – 90% of all CPFF tasks will be completed within the negotiated price for all items within the Contractor’s control. 6.4.4 Business Relations: The integration and coordination of all activity needed to execute the contract, specifically the timeliness, completeness and quality of problem identification, corrective action plans, proposal submittals, the Contractor’s history of reasonable and cooperative behavior (to include timely identification of issues in controversy), customer satisfaction, timely award and management of subcontracts. 6.4.4.1 Target/Goal: 90% of feedback from customers, public, or stakeholders is satisfactory or above. 6.4.5 Other Areas: Additional evaluation areas that are unique to the contract will also be captured in the annual rating. 6.5 Quality Assurance. According to the Inspection of Services clause (FAR 52.246-4 and or FAR 52.246-5), the Government will evaluate the Contractor’s performance under this contract. For those tasks listed on the PRS (Technical Exhibit 1), the contracting officer’s representative (COR) or evaluators will follow the methods of surveillance specified in this contract. Government personnel will record all surveillance observations. When an observation indicated defective performance, the COR will require the contract manager or representative at the site to initial the observation. The initialing of the observation does not necessarily constitute concurrence with the observation, only acknowledgement that he or she has been made aware of the defective performance. Government surveillance of tasks not listed in the PRS or by methods other than those listed in the PRS (such as provided for by the Inspection of Services clauses) may occur during the performance period of this contract. Such surveillance will be done according to standard inspection procedures or other contract provisions. Any action taken by the contracting officer as a result of surveillance will be in accordance with the terms of this contract. 6.6 Performance Evaluation Meetings. The contracting officer may require the contract manager to meet with the contracting officer, contract administrator, COR and other Government personnel as deemed necessary. The Contractor may request a meeting with the contracting officer when he or she believes such a meeting is necessary. Written minutes of any such meetings must be recorded in the contract administration file and signed by the contract manager and the contracting officer or contract administrator. If the Contractor does not concur with any
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portion of the minutes, such nonconcurrence must be provided in writing to the contracting officer within 15 calendar days following receipt of the minutes. 7.0 DATA ITEM DESCRIPTIONS. The following Data Item Descriptions are part of this Contract. A modification to the contract will be made if new DIDs are created or revised during the period of this contract. The new DIDs will be provided to the Contractors. It is up to the Contractor to verify the DIDs in use at the time of task order award. TABLE 7.0 DATA ITEM DESCRIPTION INDEX Number Title HNC-001.02 Project Planning Documents HNC-002.01 Accident Prevention Plan for CWM (Not Used for this
Contract) HNC-003.02 Geophysics HNC-004.01 Hydrography HNC-005.02 Munitions Constituents Chemical Data Quality
Deliverables HNC-006.02 Geospatial Information and Electronic Submittals HNC-007.03 CERCLA Documents and Reports HNC-008.01 Mishap Reporting & Investigation HNC-009.01 Periodic Status Reports HNC-010.01 Institutional Analysis, Land Use Controls Alternatives
Analysis and Land Use Controls Plan HNC-011.02 Site Specific Final Report HNC-012.01 Project Management Plan 8.0 PUBLIC AFFAIRS. 8.1 Disclosure of Information. The Contractor may require access to data and information proprietary to a Government agency, another Government Contractor, or of such nature that its dissemination or use, other than as specified in this contract, would be adverse to the interests of the Government or others. Neither the Contractor, nor Contractor personnel shall divulge or release data or information developed or obtained under performance of this contract, except to authorized Government personnel or upon written approval of the Contracting Officer or designated representative. The Contractor shall not use, disclose, or reproduce proprietary information bearing a restrictive legend, other than as specified in the contract or applicable task order. The Contractor shall not release any information on any part of the subject matter of this contract, or any phase of any program hereunder, without the prior written approval of the Contracting Officer or designated representative. 8.2 The Contractor shall not release information regarding individuals without prior authority of the Contracting Officer or designated representative. Any documentation showing individuals’ names or other personal information will be controlled and protected. The provisions of the
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Privacy Act of 1974, 5 U.S.C., Section 552a, and the Freedom of Information Act, 5 U.S.C. 552b, should be considered. 8.3 Disclosure of information regarding operations and services of the activity to persons not entitled to receive it, or failure to safeguard any classified information that may come to the Contractor (or any persons under the Contractor’s control) in connection with work under this contract, may subject the Contractor, Contractor’s agent, or employees to criminal liability under Title 18, Sections 793 and 798 of the United States Code. Neither the Contractor nor the Contractor’s employees shall disclose or cause to be disseminated any information concerning the operations of the activity that could result in, or increase the likelihood of, the possibility of a breach of the activities’ security or interrupt the continuity of operations. 8.4 The Contractor shall direct to the Contracting Officer or designated representative, all inquiries, comments, or complaints arising from matters observed, experienced, or learned as a result of, or in connection with the performance of this contract, the resolution of which may require the dissemination of official information. 9.0 DEFINITIONS 9.1 Advanced Classification. Using advanced Electro-Magnetic Induction (EMI) geophysical sensors to classify anomalies into Targets of Interest (TOI) and non-Targets of Interest. 9.2 Anomaly. A subsurface feature detected by a digital or analog geophysical instrument. 9.3 Biological Waste and Biological Warfare Materiel (BWM) as defined in 42 CFR Part 73, 7 CFR Part 331 and 9 CFR Part 121. 9.4 Chemical Agent. A chemical agent listed in AR 50-6 that is intended for use in military operations to kill, seriously injure, or incapacitate a person through its physiological properties. Excluded from consideration are industrial chemicals, riot control agents, chemical herbicides, smoke, and flame.
9.5 Chemical, Biological, Radiological, Nuclear, and Explosives (CBRNE) Analytical and Remediation Activity (CARA) CARA is manned with specially trained personnel that provide verification, sampling, detection, mitigation, render safe, decontamination, packaging, escort and remediation of CWM, biological warfare materiel’s (BWM) and industrial chemical filled munitions that are considered CWM. 9.6 Chemical Warfare Materiel (CWM). An item configured as a munition containing a chemical agent that is intended to kill, seriously injure, or incapacitate a person through its physiological effects. The term CWM includes V- and G-series nerve agent, H and HN-series blister agent, and lewisite in other than munition configurations. Due to their hazards, prevalence, and military-unique application, dilute nerve agent and neat chemical agent identification sets (CAIS) are also considered chemical warfare materiel. Chemical warfare materiel does not include riot control agents; chemical herbicides; smoke and flame producing
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items, regardless of configuration; or soil, water, debris, or other media contaminated with chemical agent or CAIS containing dilute agent (other than dilute nerve agent). 9.7 Contract Administrator. The official Government representative delegated authority by the KO to administer a contract. This individual, normally working in an appropriate contracting or procurement career field, advises on all technical contractual matters. 9.8 Contract Discrepancy. A failure of the Contractor to perform in accordance with contract requirements and specifications. A contract discrepancy may result from a failure of the Contractor to provide, or provide on time, the required contract products, or services; or it may result because delivered products or services do not meet specific contract standards. 9.9 Contract Discrepancy Report (CDR). A report used to document unsatisfactory Contractor performance. The CDR requires the Contractor to explain, in writing, why performance is unsatisfactory; how performance shall be returned to satisfactory levels; and how recurrence of the problem shall be prevented in the future. 9.10 Contracting Officer (KO). A person duly appointed in writing with the authority to enter into and administer contracts on behalf of the Government. 9.11 Contracting Officer’s Representative (COR). An individual designated in writing, by the Contracting Officer, to act as an authorized representative of the Contracting Officer to perform specific contract administrative functions within the scope and limitations defined by the Contracting Officer. 9.12 Contractor-acquired property - means property acquired, fabricated, or otherwise provided by the Contractor for performing a contract, and to which the Government has title. 9.13 Discrimination. Geophysical analysis that differentiates and separates target anomalies from other anomalies. 9.14 Discarded Military Munitions (DMM). Military munitions that have been abandoned without proper disposal or removed from storage in a military magazine or other storage area for the purpose of disposal. The term does not include unexploded ordnance, military munitions that are being held for future use or planned disposal, or military munitions that have been properly disposed of consistent with applicable environmental laws and regulations. (10 U.S.C. 2710(e)(2)) 9.15 Explosive Ordnance Disposal (EOD) Personnel. Active duty military EOD personnel. 9.16 False Positive. An anomaly that cannot be reacquired. In a discrimination context, an anomaly that is not what it was thought to be.
9.17 Five-Year Reviews. 5-Year Reviews are conducted to evaluate the implementation and performance of a remedy in order to determine if the remedy is or will be protective of human
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health and the environment. Recurring Reviews (other than 5 year reviews required by statute or policy) are conducted as part of LTM. 9.18 Geographic Information Systems (GIS). A combination of computer hardware and software that supports the acquisition, management, analysis, and visualization of spatially referenced data for solving complex planning and management problems. 9.19 Geophysical Mapping. The non-invasive investigation of subsurface conditions in the Earth through measuring, analyzing and interpreting physical fields measured at the surface or subsurface. 9.20 Government-furnished property - means property in the possession of, or directly acquired by, the Government and subsequently furnished to the Contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes Contractor-acquired property if the Contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract. 9.21 Government property - means all property owned or leased by the Government. Government property includes both Government-furnished and Contractor-acquired property. Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software. 9.22 Government Property Administrator - means an authorized representative of the Contracting Officer appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a Contractor.
9.23 Hazardous Material. A substance or material which has been determined by the Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and which has been so designated pursuant to the Hazardous Materials Transportation Act, 49 U.S.C. Appendix Section 1801 et seq. The term includes materials designated as hazardous materials under the provisions of 49 CFR 172, Sections .101 and .102 and materials which meet the defining criteria for hazard classes and divisions in 49 CFR 173. EPA designated hazardous wastes are also hazardous materials. 9.24 Hazardous, Toxic, or Radioactive Waste (HTRW). The definition is stated in ER 1165-2-132, Hazardous, Toxic, and Radioactive Waste (HTRW) Guidance for Civil Works Projects.
9.25 Hazardous Waste. A waste which meets criteria established in RCRA or specified by the EPA in 40 CFR 261 or which has been designated as hazardous by a RCRA authorized state program.
9.26 Hydrography. The applied science which deals with the measurement and description of the physical features of oceans, seas, coastal areas, lakes and rivers, as well as with the prediction of
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their change over time, for the primary purpose of safety of navigation and in support of all other marine activities. 9.27 Innovative Technology. A technology which offers significant improvement over existing technologies, which is not broadly applied due to limited knowledge or established standards within the scientific and engineering community. This may include technologies that have been extensively field demonstrated, but have not been applied on a full-scale project. Innovative technologies must maintain public and worker safety. 9.28 Long Term Management (LTM). Term used for environmental monitoring, review of site conditions, and/or maintenance of a remedial action to ensure continued protection as designed once a site achieves Response In Place. Examples of LTM include landfill cap maintenance, leachate disposal, fence monitoring and repair, five-year review execution, and land use control enforcement actions. 9.29 Material - means property that may be consumed or expended during the performance of a contract, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end item. Material does not include equipment, special tooling, special test equipment or real property.
9.30 Material Documented as an Explosive Hazard (MDEH). (Formerly referred to as material documented as hazardous, or MDAH.) MPPEH that cannot be documented as MDAS, that has been assessed and documented as to the maximum explosive hazards the material is known or suspected to present, and for which the chain of custody has been established and maintained. This material is no longer considered to be MPPEH.
9.31 Material Documented as Safe (MDAS). MPPEH that has been assessed and documented as not presenting an explosive hazard and for which the chain of custody has been established and maintained. This material is no longer considered to be MPPEH. 9.32 Material Potentially Presenting an Explosive Hazard (MPPEH). Material owned or controlled by the Department of Defense that, prior to determination of its explosives safety status, potentially contains explosives or munitions (e.g., munitions containers and packaging material; munitions debris remaining after munitions use, demilitarization, or disposal; and range-related debris) or potentially contains a high enough concentration of explosives that the material presents an explosive hazard (e.g., equipment, drainage systems, holding tanks, piping, or ventilation ducts that were associated with production, demilitarization, or disposal operations). Excluded from MPPEH are munitions within the DoD-established munitions management system and other items that may present explosion hazards (e.g., gasoline cans and compressed gas cylinders) that are not munitions and are not intended for use as munitions. 9.33 Military Munitions. All ammunition products and components produced for or used by the armed forces for national defense and security, including ammunition products or components under the control of the Department of Defense, the Coast Guard, the Department of Energy (DOE), and the National Guard. The term includes: confined gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries,
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including bulk explosives and chemical warfare agents, chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, demolition charges, and devices and components thereof. The term does not include wholly inert items, improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear components, except that the term does include non-nuclear components of nuclear devices that are managed under the nuclear weapons program of the Department of Energy after all required sanitization operations under the Atomic Energy Act of 1954 (42 U.S.C. 2011, et seq.) have been completed. (10 U.S.C. 2710(e)(3)(A)) 9.34 Military Range. Designated land and water areas set aside, managed, and used to conduct research on, develop, test, and evaluate military munitions and explosives, other ordnance, or weapon systems, or to train military personnel in their use and handling. Ranges include firing lines and positions, maneuver areas, firing lanes, test pads, detonation pads, impact areas, and buffer zones with restricted access and exclusionary areas. (Military Munitions Rule, 40 CFR 266.201) 9.35 Munitions and Explosives of Concern (MEC). This term, which distinguishes specific categories of military munitions that may pose unique explosives safety risks, means: (a) Unexploded Ordnance (UXO), as defined in 10 U.S.C. 2710(e)(9); (b) Discarded military munitions (DMM), as defined in 10 U.S.C. 2710 (e)(2); or (c) Munitions constituents (e.g., TNT, RDX) present in high enough concentrations to pose an explosive hazard. 9.36 Munitions Constituents (MC). Any materials originating from unexploded ordnance, discarded military munitions, or other military munitions, including explosive and non-explosive materials, and emission, degradation, or breakdown elements of such ordnance or munitions. (10 U.S.C. 2710(e) (4)) 9.37 Munitions Debris. Remnants of munitions (e.g., fragments, penetrators, projectiles, shell casings, links, fins) remaining after munitions use, demilitarization, disposal. Munitions debris is considered MPPEH until technically-qualified personnel: (1) inspect, verify, and certify that it does not present an explosive hazard, and consequently is safe for all (e.g., the general public) to receive; or (2) inspect, verify, and certify it as to the explosive hazards it may present to a qualified receiver. 9.38 Munitions Response. Response actions, including investigation, removal and remedial actions to address the explosives safety, human health, or environmental risks presented by UXO, DMM, or MC. 9.39 Munitions Response Area (MRA). Any area on a defense site that is known or suspected to contain UXO, DMM, or MC. Examples include former ranges and munitions burial areas. A MRA is comprised of one or more MRS. 9.40 Munitions Response Site (MRS). A discrete location within a MRA that is known to require a Munitions Response.
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9.41 Operational Range. A military range that is used for range activities, or a military range that is not currently being used, but that is still considered by the DoD Component to be a range area; is under the jurisdiction, custody, or control of the DoD; and has not been put to a new use that is incompatible with range activities. (10 U.S.C. 2710(e) (5)). 9.42 Performance Requirements Summary (PRS). Identifies the key service outputs of the contract that will be evaluated by the Government to assure contract performance standards are met by the Contractor. (Other services may also be inspected under the authority of the Inspection of Services Clause.) 9.43 Quality Control (QC). The Contractor's system to manage, control, and document activities to comply with the contract requirements. 9.44 Quality Assurance (QA). The procedures by which the Government fulfills its responsibility to be certain that QC is functioning and the specified product is realized. 9.45 Range Clearance. The recovery, collection, and on-range destruction of military munitions (e.g., UXO), munitions debris, and other range-related debris (e.g., targets) on operational ranges to maintain or enhance operational safety or to allow the continued use of the range for its intended purpose. The term "range clearance" does not include the on-range disposal or burial of UXO and MC, when the burial is not a result of normal use. 9.46 Range Residue. Material including, but not limited to, practice bombs, expended artillery, small arms, mortar projectiles, aircraft bombs and missiles, rockets and rocket motors, hard targets, grenades, incendiary devices, experimental items, demolition devices, and any other material fired on or upon a military range. 9.47 Range-Related Debris. Debris, other than munitions debris, collected from operational ranges or from former ranges (e.g., targets). Range-related debris is considered MPPEH until technically-qualified personnel: (1) inspect, verify, and certify that it does not present an explosive hazard, and consequently is safe for all (e.g., the general public) to receive; or (2) inspect, verify, and certify it as to the explosive hazards it may present to a qualified receiver. 9.48 Target Anomaly. An anomaly which has a high probability to be a MEC item based on its apparent size, composition, depth, location, and geophysical signature. 9.49 Unexploded Ordnance (UXO). Military munitions that (a) have been primed, fuzzed, armed, or otherwise prepared for action; (b) have been fired, dropped, launched, projected, or placed in such a manner as to constitute a hazard to operations, installations, personnel, or material; and (3) remain unexploded either by malfunction, design, or any other cause. (10 U.S.C. 2710(e)(9)) 9.50 UXO Personnel. Personnel meeting the qualification requirements for filling the UXO positions listed in paragraph 5.5. 10.0 GENERAL CONDITIONS FOR TASK ORDER PROPOSALS.
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10.1 When submitting proposals for Task Orders the Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has assessed and satisfied itself as to the general and local conditions, which can affect the work or its cost, including but not limited to: 10.1.1 Conditions bearing upon transportation, disposal, handling, and storage of materials, hazardous waste, explosives, or scrap; 10.1.2 The availability of qualified labor, materials, equipment, facilities, water, electric power, communications, and roads; 10.1.3 Uncertainties of weather, river stages, tides, or similar physical conditions at the site; 10.1.4 The conformation and conditions of the ground, soil, geology, and vegetation (type, height, density), the distribution of each, and the seasonal effects on each; 10.1.5 The type of equipment and facilities needed preliminary to and during work performance; 10.1.6 Personal Protective Equipment (PPE) requirements including all effects on cost or production due to the requirement to use PPE; 10.1.7 Exclusion zone requirements including all effects and costs of implementing and enforcing exclusion zones. The Contractor is responsible for evaluating, identifying the requirements of, and implementing/complying with all exclusion zones; 10.1.8 Responsibility for understanding and implementing the required safety and access control requirements and factoring them into its approach and price; 10.1.9 The availability or cost of lodging for on-site personnel; 10.1.10 The availability or location of explosives/hazardous waste storage or storage facilities. 10.2 The Government will make an honest attempt to provide the Contractor with access to the site prior to preparing proposals, which should allow the Contractor to gain an understanding of the local site conditions. When access to the site is provided to the Contractor prior to the preparing proposals, the Government strongly encourages prospective Contractors to use this time to perform the requisite site assessments necessary to ascertain the site conditions to a reasonable degree of accuracy. Contractors are strongly encouraged to perform a site assessment and use their experienced judgment and reasoned interpolation and extrapolation of all the available site information to assess the general and local conditions, which can affect the work or its cost. Contractors, who do not perform a site assessment when access is made available by the Government, assume the risks associated with the decision to forgo this important source of information about the site. The Contractor is expected to apply due diligence in the research and development of its proposal and to reasonably estimate the conditions to be encountered that will
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affect the cost, quality, or schedule of the work required under any given task order. The Government expects the Contractor to assess the risk and factor this risk into its proposal. 10.3 Government acceptance of the Contractor’s proposed technical approach and/or price in a task order proposal does not relieve the Contractor from full responsibility for the viability, productivity, and efficiency of the approach used to perform the work and for meeting the performance requirements of the Task Order specific PWS at the price proposed. 10.4 On a Task Order basis, the Contractor may be provided data during the proposal process including, but not limited to, site data included in previous project documents. Use of the data provided as the basis of estimate for an accurate price proposal requires an experienced understanding of how the data of this type is collected, analyzed, interpreted, and presented. The Contractor is responsible for interpreting the data provided in the context of the conditions under which the data was collected and analyzed. The Contractor is responsible for recognizing the limitations of the data provided for assessments of this type and shall identify the limitations that drive the basis of estimate clearly in their proposal. The Government expects that Contractors will promptly notify the KO if they have not been given adequate opportunity to assess the site conditions or data provided and to request additional time to allow a reasonable opportunity to do so. 10.5 By submitting a proposal for a Task Order, the Contractor attests that any exceptions to any of the conditions of the Task Order specific PWS will be clearly marked in the proposal in bold type as “Exception to the RFP.” Unless such exceptions are made, the Contractor certifies that its proposal is not qualified or contingent upon the site conditions. When site conditions experienced during task order execution are clearly contradictory to, or inadequate to the information provided by the Government during the pre-award phase, the Government will work closely with the Contractor to ensure that an equitable adjustment is made based on the facts that led up to the request. 11. ARMY CONTRACTOR MANPOWER REPORTING 11.1 Implementation. 11.1.1 The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the Contractor will report Contractor manpower information (including Subcontractor manpower information) required for performance of this contract. The Contractor shall submit all the information required in the format specified at the following web address: https://cmra.army.mil/default.aspx 11.1.2 The Contractors shall fill in the required information on the website, fields are shown below: (1) Contract Number (2) Delivery Order Number (if applicable) (3) Task Order Number (if applicable)
(4) Requiring Activity Unit Identification Code (UIC) (5) Command (6) Contractor Contact Information (7) Federal Service Code (FSC) (8) Direct Labor Hours (9) Direct Labor Dollars (10) Location Information (where Contractor and Subcontractors (if applicable) performed the services 11.1.3 Reporting period will be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by 15 October of each calendar year. 11.1.4 If your particular contract crosses fiscal years, 2 entries must be made to capture the data for the contract period; for example if the contract start date is 1 January 2016 and ends 31 December 2016, the data for the period from 1 January 2016 through 30 September 2016 shall be entered not later than 15 October 2016 and the period 1 October 2016 through 31 December 2016 shall be entered not later than 15 January 2017. 11.1.5 The Contractor shall submit cost and pricing data in sufficient enough detail to substantiate any costs proposed for this requirement within the base contract or Task Order. 11.1.6 CLIN 0005, 1005, 2005, and 3005 have been established for this purpose. 11.1.7 CEHNC UIC code is W2V6AA. 12. REFERENCES: Applicable references include but are not limited to the following. The Contractor shall use the latest version of all references. When list guidance is superseded the latest replacement shall be used. The date of task order award will determine the appropriate date of the references used for that task order. All references listed are considered mandatory. 12.1 Data Items Descriptions See Section C, Section 7.0 as applicable to task orders 12.2 Major Federal Statutes to include, but not limited to: Government Organizations and Employees - The Privacy Act of 1974, 5 USC 552 Department of Defense (DoD)
- Defense Environmental Restoration Program, PL 99-499, Section 211, 100 Stat. 1719, 10 USC 2701, et seq., as amended - Inventory of Unexploded Ordnance, Discarded Military Munitions, and Munitions Constituents at Defense Sites (Other than Operational Ranges), 10 USC 2710, PL 107-107, 115 Stat. 1051 - Sale of Certain Interest in Lands; Logs, 10 USC 2665
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- Leases; Non-excess Property of Military Departments, 10 USC 2667 - Military Reservations and Facilities, Hunting, Fishing, and Trapping, 10 USC 2671 - Agreements to Limit Encroachment and Other Constraints on Military Training, Testing and Operations, 10 USC 2684a - Utility Systems: Conveyance and Authority, 10 USC 2688 - Conveyance of Surplus Real Property for Natural Resource Conservation, 10 USC 2694a
Commerce and Trade - Toxic Substances Control Act (TSCA, as amended), 15 USC 2601, et seq - Asbestos Hazard Emergency Response Act (AHERA), 15 USC 2651, et seq
Conservation
- Marine Mammal Protection Act, 16 USC 31 - Endangered Species Act of 1973, 16 USC 35 - Antiquities Act of 1906, 16 USC 431 - Permits to Examines Ruins, Excavations, and Gathering of Objects; Regulations, 16
USC 432 - American Antiquities, 16 USC 433 - Archaeological and Historic Preservation Act of 1974 (AHPA), as amended; 16 USC
469 - National Historic Preservation Act of 1966 (NHPA), as amended, 16 USC 470 - Forest Resources Conservation and Shortage Relief Act of 1990, 16 USC 620-620j - Fish and Wildlife Coordination Act, 16 USC 661-667e - Sikes Act, 16 USC 670a-670b - Applicability of Other Laws; National Forest Lands, 16 USC 670e - Game and Wild Birds; Preservation, 16 USC 701 - Migratory Bird Treaty Act (MBTA), 16 USC703-712 - Magnuson Fishery Conservation and Management Act, 16 USC 1801-1882 - Lacey Act, 16 USC 3371-3378 - Aquatic Nuisance Prevention and Control, 16 USC 4701-4751
Crimes and Criminal Procedure
- Importation, Manufacture, Distribution and Storage of Explosive Materials – Unlawful Acts, 18 USC 842
- Gathering, Transmitting or Losing Defense Information, 18 USC 793 - Disclosure of Classified Information, 18 USC 798
Indians
- Native American Graves Protections and Repatriation Act of 1990 (NAGPRA), 25 USC 32
National Guard
- Office of the Secretary of Defense (OSD), Natural Resources Management Program, 32 USC 190
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Navigation and Navigable Waters - Clean Water Act, 33 USC 26 - Marine Protection, Research, and Sanctuaries Act of 1972 (MPRSA), as amended
(ocean dumping), 33 USC 1401 - Oil Pollution Act of 1990 (OPA), 33 USC 2702 to 2761
Patriotic and National Observances, Ceremonies and Organizations Curation of Federally-Owned and –Administered Archaeological Collections, 36 USC 79 Environmental Protection Agency (EPA)
- Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, or Superfund) Public Law (PL) 96-510, 94 Stat. 2767 (1980), 42 USC sec. 9601 et seq. - Superfund Amendment and Reauthorization Act (SARA), PL 96-510, 94 Stat. 2767 (1986), to include Emergency Planning and Community Right-To-Know, PL 99-499, 100 Stat 1613 (1986), 42 USC 11001 et seq. - Clean Air Act (CAA) PL 91-604, 84 Stat. 1676 (1979), 42 USC sec. 7401 et seq., as amended by PL 101–549, 104 Stat. 2670 (1990). - Resource Conservation and Recovery Act (RCRA), PL 94-580, 90 Stat 2795 (1976), 42 USC 6901, et seq as amended, 6941-6949a - Safe Drinking Water Act (SDWA) PL 93-523; 88 Stat. 1660 (1974), 42 USC sec. 300f et seq. - Endangered Species Act, PL 93-205; 87 Stat. 884 (1973), 16 USC sec. 1531 et seq. - Clean Water Act (CWA)/Federal Water Pollution Control Amendments of 1972, PL 91-604; 84 Stat. 1676 (1970), 42 USC sec. 7401 et seq. - National Environmental Policy Act, PL 91-190; 83 Stat. 852 (1970), 42 USC sec. 4321 et seq. - Atomic Energy Act, as amended in 1954, PL 79-585, 42 USC 2011 et seq. (1946) - Toxic Substances Control Act, PL 94–469, 90 Stat. 2003 (1976), 15 USC 2601 et seq., as amended - Energy Policy Act of 2005, PL 109-58 - Federal Insecticide, Fungicide, and Rodenticide Act, 7 USC 136 et seq (as amended) - American Religious Freedoms Act of 1978 (AIRFA), 42 USC 1996 - Noise Control Act of 1972, 42 USC 4901 - Hazardous and Solid Waste Amendments of 1984 (HSWA), 42 USC 6901-6992k - Federal Facility Compliance Act of 1992, 42 USC 6961 - Pollution Prevention Act, 42 USC 13101-13102
Department of Labor (DOL)
- Occupational Safety and Health Act, PL 91-596, 84 Stat 1590, (1970), 29 USC §651 et seq. (1970)
General Services Administration (GSA)
- Federal Acquisition Regulation, F.A.R. Clause 52.236-13: Accident Prevention. Code of Federal Regulations
- Title 6 – Domestic Security
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- 6 CFR, Department of Homeland Security - Title 10 – Energy - 10 CFR 19, Notices, Instructions, and Reports to Workers: Inspection and Investigations - 10 CFR 20, Standards for Protection against Radiation - 10 CFR 30, Rules of General Applicability to Domestic Licensing of Byproduct Material - 10 CFR 31, General Domestic Licenses for Byproduct Material - 10 CFR 40, Domestic Licensing of Source Material - Title 27 – Alcohol, Tobacco, and Firearms - 27 CFR 555, Commerce in Explosives - Title 29 – Labor - 29 CFR 1904 Recording and Reporting Occupational Injuries and Illness - 29 CFR 1910 Occupational Safety and Health Standards for General Industry, especially 29 CFR 1910.120 Hazardous Waste Operations and Emergency Response - 29 CFR 1926 Occupational Safety and Health Standards for Construction Industry, especially 29 CFR 1926.65 Hazardous Waste Operations and Emergency Response - Title 32 – National Defense - 32 CFR 203, Technical Assistance for Public Participation (TAPP) in Defense Environmental Restoration Activities - 32 CFR 179, Munitions Response Site Prioritization Protocol (MRSPP) - 32 CFR Part 188, DoD Environmental Laboratory Accreditation Program (ELAP) - 32 CFR 651 National Environmental Policy Act, Subpart B - Title 36 – Patriotic and National Observances, Ceremonies and Organizations - 36 CFR 79, Curation of Federally-Owned and –Administered Archaeological Collections
- 36 CFR 800, Protection of Historic Properties - Title 40 – Protection of Environment - 40 CFR 61, National Emissions Standards for Hazardous Air Pollutants - 40 CFR 112, Oil Pollution Prevention - 40 CFR Subchapter I – Solid Wastes, Parts 239-299, especially Parts 260-270 - 40 CFR 260-279, Hazardous Waste - 40 CFR 261, Identification and Listing of Hazardous Waste - 40 CFR 266.200-206, EPA’s Military Munitions Rule - 40 CFR 279, Standards for the Management of Used Oil - 40 CFR 280, Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks - 40 CFR 281 Approval of State Underground Tank Programs - 40 CFR Subchapter J – Superfund, Emergency Planning, and Community Right-To-Know Programs, Parts 300-399
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- 40 CFR 300, EPA National Oil and Hazardous Substances Pollution Contingency Plan (NCP) - 40 CFR 302 Designation, Reportable Quantities, and Notification - 40 CFR 403, General Pretreatment Regulations for Existing and New Sources of Pollution - 40 CFR 745, Lead-based Paint Poisoning Prevention in Certain Residential Structures - 40 CFR 761 Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution in Commerce, and Use Prohibitions - Title 43 – Public Lands - 43 CFR 5, Making Pictures, Television Productions or Sound Tracks on Certain Areas under the Jurisdiction of the Department of the Interior - 43 CFR 6, Patent Regulations – Table of Contents - 43 CFR 7, Protection of Archaeological Resources - 43 CFR 10, Native American Graves Protection and Repatriation Regulations, - 43 CFR 10.3, Native American Graves Protection and Repatriation Regulations – International Archaeological Excavations
- 43 CFR 10.5, Native American Graves Protection and Repatriation Regulations - Consultation
- Title 49 – Transportation - 49 CFR Subchapter A – Hazardous Materials and Oil Transportation, Parts 100-110 - 49 CFR Subchapter B – Oil Transportation, Part 130 - 49 CFR Subchapter C – Hazardous Materials Regulation, Parts 171-185 - Title 50 – War and National Defense - 50 CFR 10-16, Taking, Possession, Transportation, Sale, Purchase, and Barter, Exportation and Importation of Wildlife and Plants - 50 CFR 13, US Fish and Wildlife Service (USFWS) General Permit Procedures - 50 CFR 21, Migratory Bird Permits - 50 CFR 402, Endangered Species Act of 1973, as amended
12.3 Regulations & Guidance - Executive Orders - EO 11988, Floodplain Management, 42 FR 26951 - EO 11990, Protection of Wetlands - EO 12580, Superfund Implementation, 52 FR 2923 - EO 13007, Indian Sacred Sites, 61 FR 26771 - EO 13112, Invasive Species - EO 13175, Consultation and Coordination with Indian Tribal Governments, 65 FR 67249
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- EO 13186, Responsibilities of Federal Agencies to Protect Migratory Birds, 66 FR 3853 - EO 13287, Preserve America - EO 13693, Planning for Federal Sustainability in the Next Decade, 19 March 2015
- Department of Defense - DoD Directives - http://www.dtic.mil/whs/directives/corres/dir.html - DoDD 3200.15 Sustaining Access to the Live Training and Test Domain, 18 December 2013 - DoDD 4715.1 Environmental Security - DoDD 4715.11 Environmental and Explosives Safety Management on Operational Ranges within the United States, 10 May 2004 - DoDD 4715.1E. Environment, Safety, and Occupational Health (ESOH), 19 March 2005 - DoDD 4715.21, Climate Change Adaptation and Resilience, 14 January 2016 - DoDD 5000.1 The Defense Acquisition System - DoDD 5101.17E, Roles and Responsibilities Associated With the Recovery of Chemical Warfare Material, 11 May 2016 - DoDD 6055.09E, Explosives Safety Management (ESM), 18 November 2016 - DoD Instructions - http://www.dtic.mil/whs/directives/corres/ins1.html - DoDI 3200.16: Operational Range Clearance, 21 April 2015 - DoDI 4140.62 Material Potentially Presenting an Explosive Hazard (MPPEH), 20 August 2015 - DoDI 4145.26, DoD Contractor's Safety Requirements for Ammunition and Explosives, 9 April 2005 - DoDI 4150.7, DoD Pest Management Program - DoDI 4160.28, DoD Demilitarization (DEMIL) Program, 7 April 2011 - DoDI 4245.14, DoD Value Engineering (VE) Program, 26 October 2012 - DoDI 4710.02, DoD Interactions with Federally Recognized Tribes, 14 September 2006 - DoDI 4710.03, Consultation with Native Hawaiian Organizations (NHOS), 25 October 2011 - DoDI 4715.03, Natural Resources Conservation Program, 18 March 2011 - DoDI 4715.4, Pollution Prevention, 18 June 1996 - DoDI 4715.06, Environmental Compliance in the United States, 4 May 2015 - DoDI 4715.07 Defense Environmental Restoration Program, 21 May 2013 - DoDI 4715.14 Operational Range Assessments 30 November 2005 - DoDI 4715.15, Environmental Quality Systems, 17 April 2017 - DoDI 4715.16, Cultural Resources Management, 18 September 2008 - DoDI 4715.17, Environmental Management Systems, 15 April 2009 - DoDI 4715.18, Emerging Contaminants (ECs), 11 June 2009
- DoDI 4715.23, Integrated Recycling and Solid Waste Management, 24 October 2016 - DoDI 6055.16, Explosives Safety Management Program, 29 July 2008 - DoDI 6055.20, Assessment of Significant Long-Term Health Risks From Past Environmental Exposures on Military Installations, 6 June 2017 - DoD Manuals - http://www.dtic.mil/whs/directives/corres/pub1.html - DoD 4160.21-M, Volumes 1-4, Defense Materiel Disposition, 22 October 2015 - DoD 4715.05-G, Overseas Environmental Baseline Guidance Document, 1 May 2007 - DoDM 4715.20, Defense Environmental Restoration Program (DERP) Management, 9 March 2012 - DoDM 4715.25, DoD Environmental Laboratory Accreditation Program (ELAP), 6 April 2017 - DoD 6055.09-M, DoD Ammunition and Explosives Safety Standards: General Explosives Safety Information and Requirements, Volumes 1 – 8, 4 August 2010 - DFAS-IN Manual 37-100, Financial Management – The Army Management Structure FY04 - Miscellaneous DoD Publications - Office of the Deputy under Secretary of Defense (Installations and Environment), Performance-Based Acquisition of Environmental Restoration Services, July 2007 - Office of Deputy under Secretary of Defense (ODUSD) Installations and Environment (I&E), Munitions Response Site Prioritization Protocol Primer, April 2007 - DTR 4500.9R Defense Transportation Regulation, Chapter 204, Hazardous Material, 11 April 2016 - AFARS Subpart 42.15, Contractor Performance Information DoD Environmental Data Quality Workgroup Publications https://www.denix.osd.mil/edqw/home/ - Department of Defense and Department of Energy, Consolidated Quality Systems Manual (QSM) for Environmental Laboratories, DoD QSM Version 5.1, 2017 - DoD Quality Systems Requirements for Advanced Geophysical Classification (DoD QSR), Version 1.0, November 2015, as updated through errata 7 December 2015 - DoD Environmental Field Sampling Handbook, Revision 1.0, April 2013 - DoD Perchlorate Handbook, Revision 1 Change 1 August 2007 - Intergovernmental Data Quality Task Force, Uniform Federal Policy for Implementing Environmental Quality Systems: Evaluating, Assessing, and Documenting Environmental Data Collection/Use and Technology Programs, Part 1: UFP-QAPP Manual, March 2005 - DoD EDQW Guidance for Ensuring DoD-ELAP Accredited Laboratories are Capable of Meeting Project - Specific Requirements, Revision 0, August 2010 - DoD Memos
- Deputy Assistant Secretary of Defense for Environment, Safety & Occupational Health Memorandum: Extension of the Updated Goals for the Environmental Restoration Program, 14 February 2017 - Assistant Secretary of Defense for Energy, Installations, and Environment Memorandum, Department of Defense Advanced Geophysical Classification Accreditation Program, April 11, 2016 - Assistant Secretary of Defense for Energy, Installations, and Environment Memorandum, Administrative Record Procedures – Update to DoD Manual 4715.20, DERP Management 29 July 2015 - Deputy Assistant Secretary of Defense for Environment, Safety & Occupational Health Memorandum: DoD Advanced Geophysical Classification Accreditation Program (DAGCAP), May 2015 - Director, Environment, Safety, and Occupational Health, OSD Memorandum: Five Year Review Procedures – Update to DoD Manual 4715.20, DERP Management, 2 June 2014 - Director, Environment, Safety, and Occupational Health, OSD Memorandum: Potential Sites with Munitions of Unknown Origin Procedures – Update to DoD Manual 4715.20, DERP Management, 20 May 2014 - Director, Environment, Safety, and Occupational Health, OSD Memorandum: Military Munitions Response Program’s (MMRP) Goal for Munitions Response Sites in DoD’s FUDS Program, 7 February 2014 - Deputy Assistant Secretary of Defense (OSD) Memorandum, DoD Interim Risk Management Procedures, 24 May 2013 - Deputy Assistant Secretary of Defense (OSD) Memorandum, Munitions and Explosives of Concern (MEC) Hazard Assessment (HA), 22 May 2013 - Under Secretary of Defense for Acquisition, Technology, and Logistics Memorandum, DoD Guidance for Dispute Resolution within the Defense and State Memorandum of Agreement (DSMOA) Program, 17 May 2013 - Under Secretary of Defense for Acquisition, Technology, and Logistics Memorandum, Updated Goals for the Defense Environmental Restoration Program (DERP), 1 March 2013 - Deputy Assistant Secretary of Defense (OSD) Memorandum, Extension of the Trial use of the Interim Munitions and Explosives of Concern (MEC) Hazard Assessment (HA) Methodology, 22 July 2011 - Deputy under Secretary of Defense (Installations and Environment (OSD) Memorandum, Perchlorate Release Management Policy, 22 April 2009 - Assistant Deputy under Secretary of Defense (OSD) Memorandum, DoD Environmental Laboratory Accreditation Program (ELAP), 24 December 2008 - Under Secretary of Defense for Acquisition, Technology, and Logistics Memorandum, Acquisitions Involving Environmental Sampling or Testing Services, 4 December 2007 - Assistant Deputy under Secretary of Defense (OSD) Memorandum, Uniform Federal Policy for Quality Assurance Project Plans, 11 April 2006 - Principal Assistant Deputy Undersecretary of Defense (Installations & Environment) Memorandum, Definitions Related to Munitions Response Actions, 18 December 2003
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- Deputy Secretary of Defense (OSD) Memorandum, Ensuring the Quality of Information Disseminated to the Public by the Department of Defense, 10 February 2003 - Principal Assistant Deputy Undersecretary of Defense (Installations & Environment) Memorandum, Implementation of Sikes Act Improvement Act: Updated Guidance 10 October 2002 - DoD American Indian and Alaska Native Memorandum Policy Document, 20 October 1998. - DoD Management Guidance for the Defense Environmental Restoration Program (DERP) Guidance Document, September 2001 - DoD 4150.7-M DoD Pest Management Training and Certification - DoD 4150.7-P DoD Plan for the Certification of Pesticide Applicators - DoD 4160.21-M Defense Materiel Disposition Manual - DoD 4500.9-R Defense Transportation Regulation - DoD 7000.14-R DoD Financial Management Regulation (FMRS) - DoD Technical Papers - TP-16, Methodologies for Calculating Primary Fragment Characteristics, Revision 5, 19 December 2016 - TP-18, DDESB Minimum Qualifications for Personnel Conducting Munitions and Explosives of Concern - Related Activities 1 September 2016 - TP-22, DDESB Lightning Protection for Explosives Facilities, 1 March 2010 - TP-26, DDESB Guidance for Explosives Safety Site Plans, 30 January 2014 - ESTCP/SERDP Reports https://serdp-estcp.org/ - ESTCP Final Report Geophysical System Verification (GSV): A Physics-Based Alternative to Geophysical Prove-Outs for Munitions Response, July 2009, including 24 September 2015 Addendum - Federal Environmental Compliance Assessment Protocols - U.S. TEAM Guide, State and Service Supplements (available at www.fedcenter.gov) - Army Regulations http://www.apd.army.mil/ProductMaps/PubForm/AR.aspx - AR 70-1, Army Acquisition Policy - AR 75-15, Policy for Explosive Ordnance Disposal (EOD), 7 December 2013 - AR 190-11, Physical Security of Arms, Ammunition, and Explosives, 5 September 2013 - AR 200-1, Environmental Protection and Enhancement, 13 December 2007 - AR 210-20, Real Property Master Planning for Army Installations - AR 210-50, Housing Management - AR 350-19, The Army Sustainable Ranges Program - AR 385-10, The Army Safety Program, 24 February 2014 - AR 385-63, Range Safety, 30 January 2012
- AR 405-10, Acquisition of Real Property and Interests Therein - AR 405-80, Management of Title and Granting of Use of Real Property - AR 405-90, Disposal of Real Estate - AR 420-10, Management of Installation Directorates Public Works - AR 420-70, Buildings and Structures - AR 700-136 Tactical Land-Based Water Resources Management - Department of the Army Pamphlets (DA PAMs) http://www.apd.army.mil/ProductMaps/PubForm/PAM.aspx - DA PAM 40-11, Preventative Medicine - DA PAM 385-10, Army Safety Program, 23 May 2008 - DA PAM 385-24, The Army Radiation Safety Program, 30 November 2015 - DA PAM 385-30, Risk Management, 2 December 2014
- DA PAM 385-40 Army Accident Investigations and Reporting, 18 March 2015 - DA PAM 385-63, Range Safety, 16 April 2014
- DA PAM 385-64, Ammunition and Explosives Safety Standards, 24 May 2011 - DA PAM 385-65 Explosive and Chemical Site Plan Development and Submission, 1 February 2008 Army Manuals & Guidance - US Army Military Munitions Response Program Munitions Response Remedial Investigation/Feasibility Study Guidance, November 2009 - US Army Restoration Advisory Board and Technical Assistance for Public Participation Guidance, October 2009 - Program Management Manual for MMRP on Active Installations, September 2009 - Army DERP Guidance Management Guidance for Active Installations, November 2004 - Army DERP Guidance for Base Realignment & Closure (BRAC) Installations, November 2004 - Army Environment, Safety, & Occupational Health STRATEGY 2025, 4 October 2016 - Army EMS Aspects and Impact Methodology for Army Training Ranges - Army EMS Commander’s Guide - Army EMS Implementer and Requirements Guide - Field Manual (FM) 3-100.4 Environmental Considerations in Military Operations - USACHPPM (now US Army Public Health Center) TG-179, Guide for Providing Safe Drinking Water at Army Installations - Army Memos - Secretary of the Army Memo: American Indian and Alaska Native Policy, 24 October 2012
- Assistant Secretary Of The Army, Installations, Energy and Environment Memo: Assignment of Mission Execution Functions Associated with Department of Defense Lead Agent Responsibilities of the Formerly Used Defense Sites Program, 24 June 2016 - DASA (ESOH) Memo: Explosives Safety Management of US Army Construction Projects, 4 January 2016 - DASA (ESOH) Memo: Clarification of "No DoD Action Indicated (NDAI)" Explosives Safety Submission (ESS) Requirements, 04 February 2014 - DASA (ESOH) Memo: Munitions Response Actions - Minimum Separation Distances (Relative to Impulse Water Pressure) from Underwater Detonations, 16 September 2013 - DASA (ESOH) Memo: Use of US Army’s “3Rs” (Recognize, Retreat, Report) Message and Explosives Safety Education Material, 1 August 2012 - DASA (ESOH) Memo: Army Policy for Sequencing Munitions Response Sites (MRSs) for Munitions Responses, 30 November 2011 - DASA (ESOH) Memo: Interim Guidance for Chemical Warfare Material (CWM) Responses, 1 April 2009 (For Definition and Response to discovery only.) - DASA (ESOH) Memo: Army Policy for Application of the Military Munitions Response Site Prioritization Protocol (MRSPP), 20 February 2009 - DASA (ESOH) Memo: Policy Guidance—Chemical Agent Identification Sets Containing Dilute Agent (Except Dilute Nerve) and Industrial Chemicals, 4 December 2008 - DASA (ESOH) Memo: Treatment of Chemical Agent Identification Sets as Hazardous Waste, 23 April 2007 - DASA (ESOH) Memo: Working with Environmental Regulators and Safety Officials, 5 May 2005 - DASA (ESOH) Memo: Munitions Response Terminology, 21 April 2005 - DASA (ESOH) Memo: Biological Warfare Materiel (BWM) and Chemical Warfare Materiel (CWM) Response Activity Interim Guidance, 5 September 1997 - ACSIM Memo: Implementing Guidance for Expanded Defense Environmental Restoration Program Eligibility, 28 May 2009 - ACSIM Memo: Army Defense Environmental Restoration Program Guidance Documents for Active and BRAC Installations, 22 November 2004 - HQDA Policy Memorandum, Definitions Related to Munitions Response Actions, 28 October 2003 - DACS-SF Memo: Applicability of Biological Warfare Materiel and Non-Stockpile - DAIM-IZ Policy Memo, Environmental Management and Assessment Requirements, 12 October 2010 - DAIM-ISE Memo, Environmental Performance Assessment System (EPAS) Supplements, 8 October 2013 - DAIM-IS Memo, Updated Environmental Performance Assessment System (EPAS) Cycle, 31 March 2014 - DAIM-IS Memo, Fiscal Year 17 Environmental Management System Command Implementation Guidance, 18 January 2017 - DAIM-ZA Memo, Fiscal Year (FY) 15-20 US Army Environmental Funding Guidance, 14 October 2014 -U.S. Army Cost-to-Complete Guidance
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- Army Technical Manuals - TM 5-813-1, Water Supply: Sources and General Considerations - TM 5-813-3, Water Supply: Water Treatment - TM 5-813-4, Water Supply: Water Storage - TM 5-813-5, Water Supply: Water Distribution - TM 5-813-7, Water Supply: Special Projects, Volume 7 - TM 5-813-8, Water Supply: Water Desalination - TM 5-813-9, Water Supply: Pumping Stations - TM 5-1300, Structures to Resist the Effects of Unintentional Explosions - TM 9-1300-200, Ammunition General - TM 9-1300-214, Military Explosives - TM 9-1375-213-12, Operator's and Organization Maintenance Manual (Including Repair Parts and Special Tools List); Demolition Materials - Pertinent government furnished unclassified TM 60-series publications such as: - TM 60A-1-1-22. EOD Procedures: General EOD Safety Precautions - TM 60A-1-1-31, EOD Procedures, General Information on EOD Disposal Procedures - Technical Update #3 Mathematical Equations and Calculations for MEC Operations. December 2007 - Army Technical Bulletins, http://www.apd.army.mil/ProductMaps/PubForm/TB.aspx - TB 700-2, Department of Defense Ammunitions & Explosives Hazardous Classification Procedures {NAVSEAINST 8020.8B; TO 11A-1-47; DLAR 8220.1}, 30 July 2012 - TB 43-0250, Ammunition Handling, Storage and Safety, 29 February 2012 - TB MED 575, Swimming Pools and Bathing Facilities - TB MED 576, Occupational and Environmental Health: Sanitary Control and Surveillance of Water Supplies at Fixed Installations - TB MED 577, Occupational and Environmental Health: Sanitary Control and Surveillance of Field Water Supplies - Engineering Regulations, to include changes and errata sheets, http://www.publications.usace.army.mil/ - ER 5-1-11, U.S. Army Corps of Engineers Business Process, 1 November 2006 - ER 200-1-4 Formerly Utilized Sites Remedial Action Program (FUSRAP), 29 August 2014 - ER 200-1-5 Policy for Implementation and Integrated Application of the U.S. Army Corps of Engineers (USACE) Environmental Operating Principles (EOP) and Doctrine, 30 October 2003 - ER 200-1-7, Chemical Data Quality Management for Environmental Restoration Activities, 28 November 2014 - ER 200-2-2 Procedures for Implementing NEPA, 4 March 1988 - ER 200-2-3 Environmental Compliance Policies, 29 October 2010 - ER 200-3-1, Environmental Quality - Formerly Used Defense Sites (FUDS) Program Policy, 10 May 2004
- ER 380-1-18 Technology Transfer, Disclosure of Information and Contacts with Foreign Representatives - ER 385-1-80 Ionizing Radiation Protection, 30 June 2010 - ER 385-1-86 USACE Dive Program, 20 September 2010 - ER 385-1-91 Training, Testing and Licensing of Boat Operators, 30 September 1994 - ER 385-1-92 Safety and Occupational Health Requirements for Hazardous, Toxic, and Radioactive Waste (HTRW) Activities - ER 385-1-99 USACE Accident Investigation and Reporting - ER 385-1-92, Safety and Occupational Health Requirements for HTRW Activities, 1 May 2007 - ER 385-1-95 Safety and Health Requirements for Operations and Activities involving Munitions and Explosives of Concern (MEC), 31 December 2014 - ER 715-1-19, Service and Supply Contractor Performance Evaluations. 5 July 1996 - ER 1110-1-12, Quality Management, 21 July 2006 - ER 1110-1-261 Quality Assurance of Laboratory Testing Procedures, 28 June 1999 - ER 1110-1-8153, Military Munitions Support Services, 29 April, 2016 - ER 1110-1-8156, Policies, Guidance, and Requirements for Geospatial Data and Systems, 1 September 2012 - ER 1110-1-8157 Geotechnical Data Quality Management for Hazardous Waste Remedial Activities, 1 October 2002 - ER 1165-2-132 Hazardous, Toxic, and Radioactive Waste (HTRW) Guidance for Civil Works Projects, 26 June 1992 - Engineering Manuals, http://www.publications.usace.army.mil/ - EM 200-1-2, Technical Project Planning (TPP) Process, 29 February 2016 - EM 200-1-4, Title: Environmental Quality - Risk Assessment Handbook - Volume I: Human Health Evaluation, 31 January 1999 and Risk Assessment Handbook: Volume II - Environmental Evaluation, 31 December 2010 - EM 200-1-6, Chemical Quality Assurance for Hazardous, Toxic and Radioactive Waste (HTRW) Projects, 10 October 1997 - EM 200-1-10, Environmental Quality - Guidance for Evaluating Performance-Based Chemical Data, 30 June 2005 - EM 200-1-12, Conceptual Site Models, 28 December 2012 - EM 200-1-15, Technical Guidance for Military Munitions Response Actions, 30 December 2015 - EM 200-1-16, Environmental Quality – Environmental Statistics, 31 May 2013 - EM 385-1-1, Safety and Health Requirements Manual, 30 November 2014. - Abbreviated Accident Prevention Plan (AAPP) Form, EM 385-1-1, App A - EM 385-1-80, Radiation Protection Manual, 30 September 2013 - EM 385-1-97 Explosives Safety and Health Requirements Manual, 17 May 2013 - EM 1110-1-502, Technical Guidelines for Hazardous and Toxic Waste Treatment and Cleanup Activities, 30 April 1994 - EM 1110-1-1000, Photogrammetric and LiDAR Mapping, 30 March 2015 - EM 1110-1-1002, Survey Markers and Monumentations, 1 March 2012
- EM 1110-1-1003, NAVSTAR Global Positioning System Surveying, 28 February 2011 - EM 1110-1-1802, Geophysical Exploration for Engineering and Environmental Investigations, 31 August 1995 - EM 1110-1-1804 Geotechnical Investigations, 1 January 2001 - EM 1110-1-2909, Geospatial Data and Systems, 1 September 2012 - EM 1110-1-4000 Monitoring Wells Design, Installation, and Documentation at Hazardous, Toxic, and Radioactive Waste Sites, 1 November 1998 - EM 1110-1-4011, Construction Quality Assurance (CQA) Plan – Requirements for Hazardous Waste Landfills, 1 October 1999. - EM 1110-2-1421 Groundwater Hydrology, 28 February 1999 - EM 1110-3-177, Sanitary Landfill - Mobilization Construction, 9 April 1984. - EM 1110-35-1, Management Guidelines for Working with Radioactive and Mixed Waste, 1 July 2005 - Engineering Pamphlets, http://www.publications.usace.army.mil/ - EP 200-1-2, Process and Procedures for Shipping Hazardous Wastes and Other Hazardous Materials, 15 January 2010 - EP 200-1-10, Green Building Technology in Hazardous Waste Cleanup Applications, 10 December 1999 - EP 200-1-18, Five Year Reviews of Military Munitions Response Projects, 30 September 2011 - EP 200-1-23 Spill Reporting Procedures for USACE Hazardous, Toxic, and Radioactive Waste (HTRW) Projects, 31 January 2012 - EP 200-1-24, Environmental Quality - Air Pathway Analysis for the Design of Remedial Action Projects, 30 September 2015 - EP 200-2-3 Environmental Compliance Guidance and Procedures, 30 October 1996 - EP 200-3-1, Environmental Quality: Public Participation Requirements for Defense Environmental Restoration Program, 30 September 2011 - EP 415-1-266, Construction – Resident Engineer Management Guide (REMG) for Hazardous, Toxic, and Radioactive Waste (HTRW) Projects, 31 May 2000 - EP 1110-1-17, Establishing a Temporary Open Burn and Open Detonation Site for conventional Ordnance and Explosives Projects, 16 July 1999 - EP 1110-1-24, Establishing and Maintaining Institutional Controls for Ordnance and Explosives Projects, 15 December 2000 - HQ USACE Memos, Handbooks, and Guidance - CESO-ZA Memorandum, Subject: Clarification of Occupational Health and Safety Roles and Responsibilities for HTRW and Military Munitions Projects, 2 December 2010 - CESO-E Memorandum: Implementation of Increased Minimum Separation Distances (MSD) Values, Changes to Engineering Controls, or Shielding Requirements in Accordance with (IAW) Technical Paper 16 DoD Fragmentation Review Forms, 02 April 2012, for all US Army Corps of Engineers (USACE) Military Munitions Response Program (MMRP) Projects, 8 May 2012 - CESO-ZA Memorandum: Implementation of Increased Minimum Separation Distances (MSD) Values, Changes to Engineering Controls, or Shielding Requirements in
Accordance with (IAW) Technical Paper 16 DoD Fragmentation Review Forms, 30 September 2010, for all US Army Corps of Engineers (USACE) Military Munitions Response Program (MMRP) Projects, 8 November 2010 - CESO-E Memorandum: Applicability of Biological Warfare Materiel and Non-Stockpile Chemical Warfare Response Activity Interim Guidance, 13 April 1998 (For Definition only.) - USACE Hazardous, Toxic, and Radioactive Waste Center of Expertise Memorandum, DOD/Army/USACE Implementation of the Uniform Federal Policy for Quality Assurance Project Plans, 8 January 2007 - USACE OPORD 2013-74, Integrating AT/OPSEC into the USACE Acquisition Process - FUDS Program Memos, Handbooks, and Guidance - FUDS Interim Guidance Document – CEMP-CED Memorandum, Interim Guidance Document for the Formerly Used Defense Sites (FUDS) Project Delineation Process, 26 May 2017 - CEMP-CED Memorandum, Advanced Geophysical Classification (AGC) Implementation at Formerly Used Defense Sites (FUDS) Military Munitions (MMRP) Projects, 24 April 2017 - FUDS Interim Guidance Document – CEMP-CED Memorandum, Interim Guidance Document (IGD) for the Formerly Used Defense Sites (FUDS) Decision Document (DD) Staffing and Approval, 9 February 2017 - FUDS Interim Guidance Document – CEMP-CED Memorandum, Trial Period for Risk Management Methodology at Formerly Used Defense Sites (FUDS) Military Munitions Response Program (MMRP) Projects, 03 January 2017 - FUDS Interim Guidance Document – CEMP-CED Memorandum, Independent Technical Review (ITR) Guidance, 17 August 2015 - USACE Handbook on Delineation and Munitions Response Site Prioritization Protocol Implementation, 29 March 2014 - FUDS Interim Guidance Document - CEMP-CED Memorandum, Building Demolition/Debris Removal (BD/DR) Project Eligibility Clarifications, 6 February 2013 - FUDS Interim Guidance Document – CEMP-CED Memorandum, Removal Action Approval Process, 14 January 2013 - CEMP-D Memorandum, Subject: Formerly Used Defense Sites – Chemical Agent Identification Sets (CAIS), 18 January 2008 (For Definition only.) - HQ USACE, Guidance for Performing Preliminary Assessments under FUDS, September 2005 - Engineering & Construction Bulletin (ECB) 2012-12 – Safety Considerations for MEC Encountered During Construction, 12 April 2012 - EM CX Interim Guidance - EM CX Interim Guidance Document (IGD) 06-04, Military Munitions Response Process, EP 1110-1-18, 3 April 2006 - EM CX IGD 07-01, Refusal of Right-of-Entry at a Non-Federal Property for a Site Inspection (SI), 26 April 2007
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- EM CX IGD 07-04, Formerly Used Defense Site (FUDS) Military Munitions Response Program (MMRP) Site Inspection (SI) Program Supplemental Execution Guidance, 16 July 2007 - EM CX IGD 09-02 Implementation of Incremental Sampling of Soil for the Military Munitions Response Program, 21 July 2009. - EM CX IGD 10-01 Decision Framework for Incorporation of Green and Sustainable Practices into Environmental Remediation Projects, 5 March 2010 - Engineering Research and Development Center Publications - ERDC/CRREL TN-05-2, Pre-Screening for Explosives Residues in Soil Prior to HPLC Analysis Utilizing Expray™, February 2005 - ERDC TR-12-1 - Evaluation of Sampling and Sample Preparation Modifications for Soil Containing Metallic Residues, January 2012 - ERDC/CHL TR-08-12 Dredging in Sediments Containing Munitions and Explosives of Concern, August 2008 - US Army Engineering and Support Center Huntsville Publications - Evaluation of Consideration and Incorporation of Green & Sustainable Remediation Practices in Army Environmental Remediation, 27 August 2012 - Final Installation Restoration Program (IRP) and Military Munitions Response Program (MMRP) Approach Process for Consideration and Incorporation of Green and Sustainable Remediation (GSR) Practices in Army Environmental Remediation, 26 May 2011 - HNC-ED-CS-S-00-3, Use of Water for Mitigation of Fragmentation and Blast Effects Due to Intentional Detonation of Munitions, 27 September 2000 (Includes DDESB Approval dated 27 February 2001) - HNC-ED-CS-S-99-1, Open Front and Enclosed Barricades, March 1999 (Includes DDESB Approval dated 9 December 1999) (includes Terminology Update March 2000) - HNC-ED-CS-S-98-8, Miniature Open Front Barricade - Initial Issuance, November 1998 (Includes DDESB Approval dated 23 February 1999) - Revision 1, March 2010 (Includes DDESB Approval, dated 14 May 2010) - Revision 2, April 2013 (Includes DDESB Approval, dated 26 November 2013) - HNC-ED-CS-S-98-7, Use of Sandbags for Mitigation of Fragmentation and Blast Effects Due to Intentional Detonation of Munitions - Amendment 2, November 2014 (Includes DDESB Approval dated 20 November 2014) - Procedures for Demolition of Multiple Rounds (Consolidated Shots) on Ordnance and Explosives (OE) Sites. August 1998 (Terminology update March 2000) (Includes DDESB Approval dated 27 October 1998) - HNC-ED-CS-S-96-8 - Revision 1, Guide for Selection and Siting of Barricades for Selected Unexploded Ordnance, September 1997 - CEHNCR 385-1-1 Safety and Occupational Health Program Management
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12.4 EPA
- Risk Assessment - Risk Assessment Guidance for Superfund (RAGS) (Parts A-F), https://www.epa.gov/risk/superfund-risk-assessment - Ecological Risk Assessment Guidance for Superfund: Process for Designing and Conducting Ecological Risk Assessments - Interim Final, EPA 540-R-97-006, June 1997 - Munitions and Explosives of Concern (MEC) Hazard Assessment (HA) Methodology (Interim), EPA Pub No. 505B08001, October 2008 - Chemistry - Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, EPA publication SW‐846, Third Edition, Final Updates I (1993), II (1995), IIA (1994), IIB (1995), III (1997), IIIA (1999), IIIB (2005), IV (2008), and V (2015). - Superfund Contract Laboratory Protocol National Functional Guidelines for Data Review https://www.epa.gov/clp/superfund-clp-national-functional-guidelines-data-review - National Functional Guidelines for Organic Superfund Methods Data Review (SOM02.4), EPA-540-R-2017-002, January 2017 - National Functional Guidelines for Inorganic Superfund Methods Data Review (ISM02.4) EPA-540-R-2017-001, January 2017 - National Functional Guidelines for High Resolution Superfund Methods Data Review (HRSM01.2), EPA 542-B-16-001, April 2016 - EPA Guidance on Environmental Data Verification and Data Validation, EPA QA/G-8, November 2002. - Guidance for Labeling Externally Validated Laboratory Analytical Data for Superfund Use, EPA 540-R-08-005, 13 January 2009 - Staged Electronic Data Deliverable (SEDD) https://www.epa.gov/clp/staged-electronic-data-deliverable-sedd - SEDD Specification and Data Dictionary, Version 5.2, July 2008 - SEDD Valid Values for the SEDD Specification Document 5.2 – Revision 1.0, May 2013 - SEDD Document Type Definition - CERCLA & RCRA Process - Guidance for Performing Preliminary Assessments under CERCLA, EPA/540/G-91/013, September 1991 - Federal Facilities Remedial Preliminary Assessment Summary Guide, 21 July 2005 - Guidance for Performing Site Inspections under CERCLA, Interim Final, EPA/540-R-92-021, OSWER Directive 9345.1-05, September 1992 - Federal Facilities Remedial Site Inspection Summary Guide, 21 July 2005 - Guidance on Conducting Remedial Investigations and Feasibility Studies under CERCLA, Interim Final, OSWER Directive 9355.3-01/EPA 540-G-89-004, 01 October 1988 - EPA RCRA Facility Investigation (RFI) Guidance, EPA 530/SW-89-031, Interim Final, May 1989
- Military Munitions - USEPA Federal Facilities Forum Issue Paper: Site Characterization for Munitions Constituents, 2011 - USEPA Office of Solid Waste and Emergency Response Revised Assessment Guidance for Perchlorate, 8 January 2009 - EPA Munitions Response Guidelines, OSWER Directive 9200.1-101, Interim Final, 27 July 2010
12.5 US Department of Justice, Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) - ATFP 5400.7, Alcohol, Tobacco, and Firearms Federal Explosive Laws and Regulations, 2012
12.6 US Department of Labor, Occupational Safety and Health Administration - NIOSH/OSHA/USCG/EPA, Occupational Safety and Health Guidance Manual for Hazardous Waste Site Activities, October 1985.
12.7 US Nuclear Regulatory Commission (NRC) - NUREG-1575, Rev. 1, Multi-Agency Radiation Survey and Site Investigation Manual (MARSSIM), August 2000 - NUREG-1576, Multi-Agency Radiological Laboratory Analytical Protocols Manual (MARLAP), July 2004, including Supplement 1, July 2004
12.8 International Air Transport Association (IATA) - IATA 58th Edition Dangerous Goods Regulations, 2017
12.9 Consensus Standards - International Organization for Standardization (ISO) - ISO/IEC 17025:2005, General Requirements for the Competence of Testing and Calibration Laboratories, 27 October 2005 - ISO 14001:2004 and 14001:2015 Environmental Management System Requirements – Specifications with Guidance for Use - American Society for Quality (ASQ)/American National Standards Institute (ANSI) - ASQ/ANSI E4:2014: Quality management systems for environmental information and technology programs - Requirements with guidance for use, 2014 - National Fire Protection Association - NFPA 780, Standard for the Installation of Lightning Protection Systems, 2017 - Annual Book of ASTM Standards, American Society for Testing and Materials, 2017. - ASTM D-3740 Standard Practice for Minimum Requirements for Agencies Engaged
in Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction
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- ASTM D6008-95, Standard Practice for Conducting Environmental Baseline Surveys, 2005
- ASTM E1527-00 Standard Practice Environmental Site Assessments: Phase I Environmental Site Assessment Process
- ASTM E1903-97 Standard Practice Environmental Site Assessments: Phase II Environmental Site Assessment Process (2002)
- UFC 3-230-02, Unified Facilities Criteria – Operations and Maintenance: Water Supply Systems
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Section D - Packaging and Marking INSTRUCTIONS Necessary Packaging or Marking Instructions will be included at the task order level.
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Section E - Inspection and Acceptance INSPECTION AND ACCEPTANCE TERMS Supplies/services will be inspected/accepted at: CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY 0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 1001 N/A N/A N/A Government 1002 N/A N/A N/A Government 1003 N/A N/A N/A Government 1004 N/A N/A N/A Government
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Section F - Deliveries or Performance DELIVERY INFORMATION CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE 0001 POP 20-JUN-2019 TO
19-JUN-2022 N/A SEE SCHEDULE
SEE SCHEDULE SEE SCHEDULE SEE SCHEDULE AA 256-895-1110 FOB: Destination
W912DY
0002 POP 20-JUN-2019 TO
19-JUN-2022 N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination W912DY
0003 POP 20-JUN-2019 TO
19-JUN-2022 N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination W912DY
0004 POP 20-JUN-2019 TO
19-JUN-2024 N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination W912DY
1001 POP 20-JUN-2022 TO
19-JUN-2024 N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination W912DY
1002 POP 20-JUN-2022 TO
19-JUN-2024 N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination W912DY
1003 POP 20-JUN-2022 TO
19-JUN-2024 N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination W912DY
1004 N/A N/A N/A N/A CLAUSES INCORPORATED BY REFERENCE 52.242-15 Stop-Work Order AUG 1989 52.242-15 Alt I Stop-Work Order (Aug 1989) - Alternate I APR 1984 52.242-17 Government Delay Of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991
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Section G - Contract Administration Data CONTRACT ADMINISTRATION DATA G.1 CONTRACT ADMINISTRATION OFFICE The contract administration office for this contract is located at the following address:
U.S. Army Corps of Engineers, Huntsville Center ATTN: CEHNC-__ CT PO Box 1600 Huntsville, AL 35807-4301
G.2 CONTRACTING OFFICER (KO) The administrative Contracting Officer (ACO) for this contract is: To Be Determined (TBD) G.3 CONTRACTING OFFICER REPRESENTATIVE (COR) The COR for this contract is: TBD G.4 PROGRAM MANAGER (PM) The PM for this contract is: TBD G.5 GOVERNMENT PROPERTY ADMINISTRATOR (GPA) The GPA for this contract is: Monty Spicer; [email protected]; or 256-895-1211 G.6 PLANT CLEARANCE OFFICER (PLCO) The PLCO for this contract is: Monty Spicer; [email protected]; or 256-895-1211 G.7 ORDERING The following order placement procedures will be used in the administration of the multiple award IDIQ contract pool: Task Order Competition within the Pool - Task orders will be awarded against the basic IDIQ contract using the fair opportunity procedures discussed in FAR 16.5 in addition to the competitive source selection procedures identified in Section 803 of Public Law 107-107, Section 843 of Public Law 110-181, and DFARS 216.505-70. Each order exceeding $3,500.00 will be awarded on a competitive basis in accordance with FAR 16.505 and DFARS 216.505-70 (c), unless an exception described in FAR 16.505(b)(2) or DFARS 216.505-70(b)(1) applies. The evaluation criteria below is expected to be utilized at the task order level; however these evaluation criteria may be modified at the task order level as determined necessary:
1) Technical approach (resourcing plan, personnel qualifications, regulatory interface relationships, alternate language and cultural requirements, work plan acceptance, clear understanding of work requirements, geographic experience, technical approach, technical competency, and/or overall strategy for work execution – some or all will be used in each task order competition as determined necessary), 2) Past performance, 3) Price/cost/cost-related factors. The evaluation will be conducted in strict accordance with the selection criteria identified in the task order request for proposal documents and documented in accordance with local policy and procedures. G.8 TASK ORDER OMBUDSMAN If the contractor believes it was not fairly considered for a particular task order, the contractor may present the matter to the Contracting Officer. The contractor may appeal the explanation or decision of the Contracting Officer to the USACE Task Order Ombudsman Ms. Jacqueline C. Woodson (USACE PARC – Winchester) at the following address:
U.S. Army Corps of Engineers Attn: CEPR-WIN 7701 Telegraph Rd. Alexandria, VA 22315
The Ombudsmen have the authority to:
a. Review complaints from contractors awarded multiple award contracts that they have not been afforded a fair opportunity to be considered for award of a particular task order.
b. After coordination with the Contracting Officer, and if he/she agrees with the contractor, require that the Contracting Officer take corrective action regarding the complaint.
G.9 HAZARDOUS DUTY PAY DIFFERENTIAL INTERPRETATION BY CONTRACTING OFFICER For 8% and 4% Hazardous Pay Differential
- Applicable to UXO personnel only. - Differential will be applied to the nearest whole hours.
The 8% differential will apply to the following activities:
There will be a 0% differential for the following activities:
- Office work. - Safety Briefings. - Travel to and from the site. - Equipment maintenance. - Rest breaks.
G.10 PAYMENT INSTRUCTIONS FOR SINGLE OR MULTIPLE ACCOUNTING CLASSIFICATION CITATIONS: For Tasks Performed under the Fixed Price CLIN: The Payment Office shall not make payments based on sequential Accounting Classification Reference Number (ACRN) order, cancellation date, proration, or by fiscal year. Payments to the Contractor will only be made against the ACRN (alpha/alpha code) associated with the specific Task (to include Fiscal Year in which the work was performed) for which the Contractor is requesting payment. The Payment Office will only make payment to the Contractor within the CLIN based on the ACRN(s) associated with the CLIN. If there is only one source of funding for the Contract Line Item Number (CLIN), the payment office shall make payments to the Contractor using the ACRN associated with the CLIN being billed. The Contractor however is required to clearly identify the CLIN, the ACRN (alpha/alpha code), and the amount billed against the Task within the Task Order on the payment request (invoice). If the ACRN is not identified, or is incorrectly identified, payment will not be made and the entire payment request (invoice) will be rejected. If there are multiple ACRNs within the CLIN, the Contractor shall clearly identify the CLIN, the ACRNs (alpha/alpha codes), and the amounts associated with the Tasks being billed for on the payment request (invoice). If the ACRNs are not identified, or are incorrectly identified, payment will not be made and the entire payment request (invoice) will be rejected. For Tasks Performed under the Cost Plus Fixed Fee CLIN: The Payment Office shall not make payments based on sequential Accounting Classification Reference Number (ACRN) order, cancellation date, proration, or by fiscal year. Payments to the Contractor will only be made against the ACRN (alpha/alpha code) associated with the specific
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Task (to include Fiscal Year in which the work was performed) for which the Contractor is requesting payment. The Payment Office will only make payment to the Contractor within the CLIN based on the ACRN(s) associated with the CLIN. If there is only one source of funding for the Contract Line Item Number (CLIN), the payment office shall make payments to the Contractor using the ACRN associated with the CLIN being billed. The Contractor however is required to clearly identify the CLIN, the ACRN (alpha/alpha code), and the amount billed against the Task within the Task Order on the payment request (invoice). If the ACRN is not identified, or is incorrectly identified, payment will not be made and the entire payment request (invoice) will be rejected. If there are multiple ACRNs within the CLIN, the Contractor shall clearly identify the CLIN, the ACRNs (alpha/alpha codes), and the amounts associated with the Tasks being billed for on the payment request (invoice). If the ACRNs are not identified, or are incorrectly identified, payment will not be made and the entire payment request (invoice) will be rejected. G.11 IDENTIFICATION OF CORRESPONDENCE All correspondence and data submitted by the Contractor under this contract shall reference the Contract and Task Order Numbers. G.12 ADMINISTRATION OF PAYMENTS In accordance with FAR 52.232-37 "Multiple Payment Arrangement", the following procedures will be used for payment under this contract. Invoices shall be submitted no later than 12 months from completion of work being billed. FFP CLINs or Sub-CLINs - The Government will make maximum use of discrete sub-CLINs for subtasks or project milestones. Work under FFP CLINS or sub-CLINs will be payable upon tender and acceptance under FAR 52.232-1 "Payments" and FAR 52.232-25 "Prompt Payment." The Government may, at its discretion, provide contract financing for individual task orders in the form of performance based payments in accordance with FAR 52.232-32 or progress payments in accordance with FAR 52.232-16 (but see conditions at FAR 32.104(d)). Performance based payments will be preferred over progress payments. CPFF CLINs or Sub-CLINs - Payment for completed and accepted CLINS or sub-CLINs will be at 100% of the allowable cost plus the fixed fee. While work is progressing under CPFF items, the Government will make payments in accordance with FAR 52.216-7 "Allowable Cost and Payment" and FAR 52.232-25 ALT I "Prompt Payment". Fee will be paid in accordance with FAR 52.216-8 and the negotiated fee payment milestone schedule. Necessary Packaging or Marking Instructions will be included at the task order level.
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CLAUSES INCORPORATED BY REFERENCE 252.201-7000 Contracting Officer's Representative DEC 1991 252.204-7006 Billing Instructions OCT 2005
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Section H - Special Contract Requirements SPECIAL CONTRACT REQUIREMENTS H.1. INSURANCE REQUIREMENTS. 1.1 The Contractor shall maintain the following minimum insurance coverage throughout the performance period of this contract. The successful offeror(s) must present evidence of insurance coverage as describe below to the Contracting Officer prior to award. 1.2. Workers’ compensation and employer’s liability. Contractors are required to comply with applicable Federal and State workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a Contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers. 1.3. Commercial General Liability. The Contractor shall maintain throughout the contract performance period bodily injury and property damage liability insurance written on the Commercial General Liability (CGL) Form of at least $3,000,000 per occurrence. The policy shall not have any exclusions relating to claims arising from “explosive” or asbestos exposure. If coverage for the explosive exposure is provided by a form other than the CGL form, a copy of that form shall be included with the Contractor’s submittal. 1.4. Automobile liability. The Contractor shall maintain throughout the contract performance period automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. 1.5. Errors & Omissions Liability. $3,000,000 per claim and in the aggregate. This policy shall not exclude claims due to pollution. 1.6. Corporate Policies. The Contractor may use corporate policies to cover Workman's Compensation, Automobile, General Liability, and Errors & Omissions Liability insurance requirements specified in this Section H. If a contractor uses a corporate policy for this work, the aggregate limits that apply to the General Liability, Automobile Liability and Errors and Omissions Insurance should be $5,000,000. 1.7. Common Coverage Elements to the General Liability, Automobile Liability Policies. Each policy shall provide for a separation of the insureds for defense of claims. With the
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exception of non-payment of premium, the actions of the named insured will not affect the coverage provided to the Government under these policies. H.2. ORGANIZATIONAL CONFLICTS OF INTEREST. 2.1. Disclosure. The Contractor shall provide a disclosure statement with its task order proposal, which concisely describes all relevant facts concerning any past or present organizational conflicts of interest relating to the work in each task order. In the same statement, the Contractor shall provide the information required in the following paragraph to assure the Government that the conflicts of interest have been mitigated and/or neutralized to the maximum extent possible. If a conflict of interest is discovered after task order award, the Contracting Officer will make a decision whether to terminate or rescind the task order and/or contract at that time. 2.2. Potential Conflicts of Interest. This request for proposals is open to any offeror to compete as a prime contractor, subcontractor or in any teaming arrangement. In order to avoid any organizational conflicts of interest, or even the appearance of any organizational conflicts of interest, any contractor performing environmental services work at the follow-on sites(s) under each task order will need to avoid, neutralize, and/or mitigate -- prior to task order award – significant potential conflicts of interest that may prejudice effective competition. The contractor shall not withhold from the Government any information about site contamination collected as a result of contract performance, nor shall any such information be regarded as proprietary to the contractor, nor shall the contractor seek competitive advantage in regards to such information. The Contracting Officer has determined that at a minimum contractors currently performing work on the identified sites(s) under each task order must ensure that all data pertaining to contamination at the sites compiled by or in the possession of such contractors shall be made available to the Contracting Officer in a timely fashion for incorporation into any subsequent Task Order technical package. H.3. FINES, PENALTIES, AND DAMAGES. 3.1 If required in the task order, the Contractor shall be solely liable for fines and/or penalties assessed by state regulators and/or other cognizant regulatory agencies for failure to comply with any requirements of this contract. "Compliance" shall include performance and completion of the work under each task order as defined by the Performance Work Statement or work plan or other approved plan in accordance with all applicable requirements of law, the contract, and any other approved plans and documents, and within the specified time schedules established under each task order and/or this contract. Any amounts assessed against and paid directly by the Government and that are attributable to fines and penalties resulting from the Contractor’s performance or failure to perform will be deducted from the payment(s) to the contractor in accordance with FAR 32.6. If the fines or penalties are assessed against the Contractor, and if paid directly by the Contractor, the amounts would not be deducted from the payment(s) to the Contractor. 3.2. If required in the task order, the Contractor shall be solely liable for all indirect, special, punitive, and consequential damages attributable to any negligence or intentional acts on behalf of the Prime Contractor, its employees, or its Subcontractors and their employees.
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3.3 If required in the task order, the Contractor shall be financially liable to the U.S. Government, the Department of Defense, its officers, agents, and employees for all claims, demands, suits, actions, liabilities, judgments, civil fines or penalties, criminal fines or penalties, costs and expenses as may arise out of the Contractor's failure to satisfy its contractual obligation for completion of the work as defined in Section C of this contract and as defined in each site-specific scope of work for each individual task order. H.4. PROGRESS REPORTS. 4.1 In addition to reports/data as may be required under Section C of this contract and task order specific requirements, for the purposes of tracking contract capacity/expenditures, the Contractor shall provide to the Contracting Officer a consolidated monthly summary progress report for all currently active task orders. This report shall include detailed information about expended funds, summary of progress toward completion, and estimates to complete each active Task Order. H.5. MINIMUM GUARANTEE. 5.1 The Government limits the minimum guarantee to extend only to the base contract period of performance for this IDIQ contract and only in the amount of $3000.00. Funding for this minimum guarantee will be obligated against this contract line item at the time of the base contract award. (NOTE: This is a minimum ordering amount; not a minimum payment.) Should the Government fail to award task order(s) with an aggregate value meeting or exceeding the minimum guarantee of $3000.00 within the period of performance of the base contract, then, ONLY after submittal of proof of contract damages from the contractor, the Government may pay the contractor up to $3000.00. Following the agency’s payment of an amount meeting/exceeding the minimum guarantee under a task order award during the base period, the agency will de-obligate funding for the minimum guarantee. H.6. EMPLOYMENT ELIGIBILITY VERIFICATION. 6.1 The Contractor shall comply, for the period of this contract, with the requirements of the Employment Verify Program as required by FAR 52.222-54. Information on registration for and use of the Employment Verify Program can be obtained via the Internet at the Department of Homeland Security Web site: http://www.dhs.gov/EVerify. H.7. ORDER OF PREFERENCE FOR WORK EXECUTION. 7.1 On-going military operations at active installations shall take precedence over environmental services described under this contract or any task orders issued. Work stoppages due to any military operations that have been planned/scheduled and published by the installation will not be grounds for task order modification of cost and/or schedule. The Government will provide a planned/likely schedule of interrupted operations due to military operations, e.g., the number of expected downtime days. However, it is the responsibility of the Contractor to provide pricing to account for any impacts to their schedule. Should additional military operations be scheduled by
the installation after award of the task order, the Contractor will be allowed to adjust its schedule as necessary and the Government will make equitable adjustments, if justified. H.8. CORPS-WIDE CONTRACT ACCESS. 8.1. The resulting contract(s) may be used for work throughout the United States, including Alaska and Hawaii, the U.S. territories, outlying areas as defined by FAR 2.101, and territorial waters. Any U.S. Army Corps of Engineers District or Center wishing to use these contract(s) will request the needed contract capacity from the U.S. Army Engineering and Support Center, Huntsville Contracting Officer through a Transfer of Contract Capacity Agreement (TCCA) which will be signed by both the Directors/Chiefs of Contracting. The U.S. Army Engineering and Support Center, Huntsville, will award the basic contract(s). However, individual task order requests for proposals may be issued, received, negotiated, awarded, administered, and closed out by the individual cognizant districts/centers that are granted use of this IDIQ contract. If the Contractor is unsure of the authority granted to another district/center, the Contractor should request verification of such authority to order off these IDIQs through the U.S. Army Engineering and Support Center, Huntsville Contracting Officer. H. 9. SECURITY CONTRACT LANGUAGE FOR ALL UNCLASSIFIED CONTRACTS. 9.1. All Contractor employees who are US citizens working under this contract who require access to Information Technology (IT) Systems, (standalone computers, network computers/systems, e-mail etc.) shall, at a minimum, be designated into an IT I, II or III position in accordance with AR 25-2, Information Assurance. The investigative requirement for an IT I position is a favorable Single Scope Background Investigation (SSBI), IT II and IT III positions require a favorable National Agency Check with Law and Credit (NACLC). 9.2. A Common Access Card (CAC) is also required for access to government IT Systems. Proof of the appropriate investigative requirement/background check will be confirmed through the Joint Personnel Adjudication System (JPAS) by the Huntsville Center (CEHNC) security personnel. When proof of a background check cannot be confirmed, the CEHNC security personnel will obtain the appropriate background check for the contractor employee. 9.3. To obtain or renew a CAC, fax the following information to 256-895-1076, ATTN: CEHNC-SL: Full Name, SSN, and Date/Place of Birth, Contract #and the CEHNC Contracting Officer Representative (COR) for the contract. Also include the name and phone number of the contractor agency’s Security Manager. 9.4. Non US Citizens. Foreign nationals who work on a Corps of Engineers’ contract or task order shall be approved by the HQUSACE Foreign Disclosure Officer before beginning work on the contract/task order. This approval requirement also includes subcontractor employees. The contractor shall submit to the Contracting Officer the names of all foreign nationals proposed for performance under this contract/task order, along with documentation to verify that he/she was legally admitted into the United States and has authority to work in the US. Such documentation may include a passport with I-551 stamp or attached INS Form I-94 indicating employment authorization, Alien Registration Receipt Card with photograph (INS Form I-151 or I-551),
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Temporary Resident Card (INS Form I-688), Employment Authorization Card (INS Form I-688A), Reentry Permit (INS Form I-327), Refugee Travel Document (INS Form I-571), Employment Authorization Document issued by the INS which contains a photograph (INS Form I-688B). A photograph is required with all documentation. H.10. KEY PERSONNEL. 10.1. The key personnel positions listed in Section C are considered to be critical to the successful performance of this contract. Prior to replacing these key personnel identified in Exhibit 6, the contractor shall obtain written consent of the administrative contracting officer. In order to obtain such consent, the contractor must provide advance notice of the proposed changes and must demonstrate that the qualifications of the proposed substitute personnel are generally equivalent to or better than the qualifications of the personnel being replaced. H.11. KEY SUBCONTRACTORS. 11.1. The key subcontractors (i.e. any subcontract which equals 20% or more of the total cost of the prime contract) proposed by the Contractor are considered critical to the successful performance of this contract. Prior to replacing or substituting key subcontractors identified in Exhibit 6 for the performance of any portion of a task order or portion of work under this contract, the contractor shall obtain written consent of the administrative contracting officer. In order to obtain such consent, the contractor must provide advance notice of the proposed changes and must demonstrate that the qualifications of the proposed substitute subcontractor are generally equivalent to or better than the qualifications of the subcontractor being replaced. H.12 ANNUAL REPORTING OF GOVERNMENT PROPERTY. 12.1 Reporting of Government Furnished Property. The Contractor shall report all Government furnished property to the IUID Registry in accordance with DFARS 252.211-7007. H.13 SECURITY CONTRACT LANGUAGE FOR CLASSIFIED CONTRACTS. 13.1 (May be applicable to some task orders) A security clearance is required for this contract. The clearance level required will be determined by the User Agency. A DD254, Contract Security Classification Specification, is required for this contract. No classified work is authorized without an approved DD 254 and the appropriate personnel and facility security clearance. Personnel security clearances will be obtained by the contractor in accordance with the National Industrial Security Program Operating Manual (NISPOM). Facility security clearances will be obtained by the User Agency Security Office.
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Section I - Contract Clauses CLAUSES INCORPORATED BY REFERENCE 52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity MAY 2014
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions OCT 2010
52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights
APR 2014
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-7 System for Award Management JUL 2013 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards OCT 2015
52.204-13 System for Award Management Maintenance JUL 2013 52.204-15 Service Contract Reporting Requirements for Indefinite-
Delivery Contracts JAN 2014
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.209-7 Information Regarding Responsibility Matters JUL 2013 52.209-9 Updates of Publicly Available Information Regarding
Responsibility Matters JUL 2013
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.210-1 Market Research APR 2011 52.215-2 Audit and Records--Negotiation OCT 2010 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--
Modifications AUG 2011
52.215-12 Subcontractor Certified Cost or Pricing Data OCT 2010 52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications OCT 2010 52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-16 Facilities Capital Cost of Money JUN 2003 52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits
(PRB) Other than Pensions JUL 2005
52.215-19 Notification of Ownership Changes OCT 1997 52.215-22 Limitations on Pass-Through Charges--Identification of
Subcontract Effort OCT 2009
52.215-23 Limitations on Pass-Through Charges OCT 2009 52.216-8 Fixed Fee JUN 2011 52.219-4 Notice of Price Evaluation Preference for HUBZone Small
Business Concerns OCT 2014
52.219-8 Utilization of Small Business Concerns OCT 2014
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52.219-14 Limitations On Subcontracting NOV 2011 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards- Overtime
Compensation MAY 2014
52.222-6 Construction Wage Rate Requirements MAY 2014 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records MAY 2014 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and
Related Regulations MAY 2014
52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-16 Approval of Wage Rates MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity APR 2015 52.222-27 Affirmative Action Compliance Requirements for
Construction APR 2015
52.222-30 Construction Wage Rate Requirements--Price Adjustment (None or Separately Specified Method)
MAY 2014
52.222-31 Construction Wage Rate Requirements--Price Adjustment (Percentage Method)
MAY 2014
52.222-32 Construction Wage Rate Requirements--Price Adjustment (Actual Method)
MAY 2014
52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor
Relations Act DEC 2010
52.222-41 Service Contract Labor Standards MAY 2014 52.222-43 Fair Labor Standards Act And Service Contract Labor
Standards - Price Adjustment (Multiple Year And Option Contracts)
MAY 2014
52.222-50 Combating Trafficking in Persons MAR 2015 52.222-54 Employment Eligibility Verification OCT 2015 52.223-2 Affirmative Procurement of Biobased Products Under Service
and Construction Contracts SEP 2013
52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-5 Alt II Pollution Prevention and Right-to-Know Information (May
2011) Alt II MAY 2011
52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving AUG 2011
52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals -- Representation.
DEC 2016
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.226-1 Utilization Of Indian Organizations And Indian-Owned
Economic Enterprises JUN 2000
52.227-1 Authorization and Consent DEC 2007
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52.227-2 Notice And Assistance Regarding Patent And Copyright Infringement
DEC 2007
52.227-14 Rights in Data--General MAY 2014 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-7 Insurance--Liability To Third Persons MAR 1996 52.229-3 Federal, State And Local Taxes FEB 2013 52.230-2 Cost Accounting Standards OCT 2015 52.230-3 Disclosure And Consistency Of Cost Accounting Practices OCT 2015 52.230-6 Administration of Cost Accounting Standards JUN 2010 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-11 Extras APR 1984 52.232-17 Interest MAY 2014 52.232-20 Limitation Of Cost APR 1984 52.232-22 Limitation Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-25 Prompt Payment JUL 2013 52.232-25 Alt I Prompt Payment (July 2013) Alternate I FEB 2002 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management JUL 2013
52.232-37 Multiple Payment Arrangements MAY 1999 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors DEC 2013
52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment,
Utilities, and Improvements APR 1984
52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-13 Alt I Accident Prevention (Nov 1991) - Alternate I NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation APR 1984
52.237-3 Continuity Of Services JAN 1991 52.242-1 Notice of Intent to Disallow Costs APR 1984 52.242-3 Penalties for Unallowable Costs MAY 2014 52.242-4 Certification of Final Indirect Costs JAN 1997 52.242-13 Bankruptcy JUL 1995 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.243-2 Alt I Changes--Cost-Reimbursement (Aug 1987) - Alternate I APR 1984 52.243-4 Changes JUN 2007 52.244-5 Competition In Subcontracting DEC 1996 52.244-6 Subcontracts for Commercial Items JUN 2016 52.245-1 Government Property APR 2012
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52.245-9 Use And Charges APR 2012 52.246-25 Limitation Of Liability--Services FEB 1997 52.249-2 Termination For Convenience Of The Government (Fixed-
Price) APR 2012
52.249-6 Termination (Cost Reimbursement) MAY 2004 52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.249-14 Excusable Delays APR 1984 52.251-1 Government Supply Sources APR 2012 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-
Contract-Related Felonies DEC 2008
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7000 Disclosure Of Information AUG 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.209-7002 Disclosure Of Ownership Or Control By A Foreign
Government JUN 2010
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism
OCT 2015
252.211-7003 Item Unique Identification and Valuation MAR 2016 252.211-7007 Reporting of Government-Furnished Property AUG 2012 252.215-7000 Pricing Adjustments DEC 2012 252.215-7002 Cost Estimating System Requirements DEC 2012 252.222-7001 Right Of First Refusal Of Employment--Closure of Military
Installations APR 1993
252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials
SEP 2014
252.225-7006 Acquisition of the AmericanFlag AUG 2015 252.225-7012 Preference For Certain Domestic Commodities AUG 2016 252.226-7001 Utilization of Indian Organizations and Indian-Owned
Economic Enterprises, and Native Hawaiian Small Business Concerns
SEP 2004
252.227-7013 Rights in Technical Data--Noncommercial Items FEB 2014 252.227-7016 Rights in Bid or Proposal Information JAN 2011 252.227-7017 Identification and Assertion of Use, Release, or Disclosure
Restrictions JAN 2011
252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports JUN 2012
252.234-7002 Earned Value Management System MAY 2011 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished
Property APR 2012
252.245-7002 Reporting Loss of Government Property APR 2012 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal SEP 2016 252.247-7006 Removal of Contractor's Employees DEC 1991 252.251-7000 Ordering From Government Supply Sources AUG 2012 CLAUSES INCORPORATED BY FULL TEXT
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52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015) (a) Definitions. As used in this clause-- Agent means any individual, including a director, an officer, an employee, or an independent Contractor, authorized to act on behalf of the organization. Full cooperation— (1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete response to Government auditors' and investigators' request for documents and access to employees with information; (2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not require-- (i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; or (ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and (3) Does not restrict a Contractor from-- (i) Conducting an internal investigation; or (ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation. Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. Subcontractor means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime contractor or another subcontractor. United States means the 50 States, the District of Columbia, and outlying areas. (b) Code of business ethics and conduct. (1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the Contractor shall-- (i) Have a written code of business ethics and conduct; (ii) Make a copy of the code available to each employee engaged in performance of the contract. (2) The Contractor shall-- (i) Exercise due diligence to prevent and detect criminal conduct; and
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(ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law. (3)(i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed-- (A) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code; or (B) A violation of the civil False Claims Act (31 U.S.C. 3729-3733). (ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained pursuant to the Contractor's disclosure as confidential where the information has been marked “confidential” or “proprietary” by the company. To the extent permitted by law and regulation, such information will not be released by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any department or agency within the Executive Branch if the information relates to matters within the organization's jurisdiction. (iii) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract. (c) Business ethics awareness and compliance program and internal control system. This paragraph (c) does not apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract or if this contract is for the acquisition of a commercial item as defined at FAR 2.101. The Contractor shall establish the following within 90 days after contract award, unless the Contracting Officer establishes a longer time period: (1) An ongoing business ethics awareness and compliance program. (i) This program shall include reasonable steps to communicate periodically and in a practical manner the Contractor's standards and procedures and other aspects of the Contractor's business ethics awareness and compliance program and internal control system, by conducting effective training programs and otherwise disseminating information appropriate to an individual's respective roles and responsibilities. (ii) The training conducted under this program shall be provided to the Contractor's principals and employees, and as appropriate, the Contractor's agents and subcontractors. (2) An internal control system. (i) The Contractor's internal control system shall-- (A) Establish standards and procedures to facilitate timely discovery of improper conduct in connection with Government contracts; and (B) Ensure corrective measures are promptly instituted and carried out. (ii) At a minimum, the Contractor's internal control system shall provide for the following: (A) Assignment of responsibility at a sufficiently high level and adequate resources to ensure effectiveness of the business ethics awareness and compliance program and internal control system.
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(B) Reasonable efforts not to include an individual as a principal, whom due diligence would have exposed as having engaged in conduct that is in conflict with the Contractor's code of business ethics and conduct. (C) Periodic reviews of company business practices, procedures, policies, and internal controls for compliance with the Contractor's code of business ethics and conduct and the special requirements of Government contracting, including-- (1) Monitoring and auditing to detect criminal conduct; (2) Periodic evaluation of the effectiveness of the business ethics awareness and compliance program and internal control system, especially if criminal conduct has been detected; and (3) Periodic assessment of the risk of criminal conduct, with appropriate steps to design, implement, or modify the business ethics awareness and compliance program and the internal control system as necessary to reduce the risk of criminal conduct identified through this process. (D) An internal reporting mechanism, such as a hotline, which allows for anonymity or confidentiality, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports. (E) Disciplinary action for improper conduct or for failing to take reasonable steps to prevent or detect improper conduct. (F) Timely disclosure, in writing, to the agency OIG, with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of any Government contract performed by the Contractor or a subcontractor thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed a violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 U.S.C. or a violation of the civil False Claims Act (31 U.S.C. 3729-3733). (1) If a violation relates to more than one Government contract, the Contractor may make the disclosure to the agency OIG and Contracting Officer responsible for the largest dollar value contract impacted by the violation. (2) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract, and the respective agencies' contracting officers. (3) The disclosure requirement for an individual contract continues until at least 3 years after final payment on the contract. (4) The Government will safeguard such disclosures in accordance with paragraph (b)(3)(ii) of this clause. (G) Full cooperation with any Government agencies responsible for audits, investigations, or corrective actions. (d) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts that have a value in excess of $5.5 million and a performance period of more than 120 days. (2) In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer. (End of clause)
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52.203-14 DISPLAY OF HOTLINE POSTER(S) (OCT 2015) (a) Definition. United States, as used in this clause, means the 50 States, the District of Columbia, and outlying areas. (b) Display of fraud hotline poster(s). Except as provided in paragraph (c)-- (1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites-- (i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and (ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer. (2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website. (3) Any required posters may be obtained as follows: Poster(s) Obtain from Poster(s) Obtain from the DOD Inspector General Website at http://www.dodig.osd.mil/hotline/hotline7.htm Or DoD Hotline Posters may be obtained from the
DoD Inspector General ATTN: Defense Hotline 400 Army Navy Drive Washington, DC 22202-2884.
(i) Appropriate agency name(s) and/or title of applicable Department of Homeland Security fraud hotline poster); and (ii) The website(s) or other contact information for obtaining the poster(s).) (c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters. (d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed $5.5 million , except when the subcontract-- (1) Is for the acquisition of a commercial item; or (2) Is performed entirely outside the United States. (End of clause)
52.204-1 APPROVAL OF CONTRACT (DEC 1989) This contract is subject to the written approval of a warranted Contracting Officer and shall not be binding until so approved. (End of clause) 52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA -- MODIFICATIONS (OCT 2010)—ALTERNATE IV (OCT 2010) (a) Submission of certified cost or pricing data is not required. (b) Provide data described below: As required by Administrative Contracting Officer responsible for processing the modification. (End of clause 52.216-7 ALLOWABLE COST AND PAYMENT (JUN 2013) (a) Invoicing. (1) The Government will make payments to the Contractor when requested as work progresses, but (except for small business concerns) not more often than once every 2 weeks, in amounts determined to be allowable by the Contracting Officer in accordance with Federal Acquisition Regulation (FAR) subpart 31.2 in effect on the date of this contract and the terms of this contract. The Contractor may submit to an authorized representative of the Contracting Officer, in such form and reasonable detail as the representative may require, an invoice or voucher supported by a statement of the claimed allowable cost for performing this contract. (2) Contract financing payments are not subject to the interest penalty provisions of the Prompt Payment Act. Interim payments made prior to the final payment under the contract are contract financing payments, except interim payments if this contract contains Alternate I to the clause at 52.232-25. (3) The designated payment office will make interim payments for contract financing on the 30TH (Contracting Officer insert day as prescribed by agency head; if not prescribed, insert “30th”) day after the designated billing office receives a proper payment request. In the event that the Government requires an audit or other review of a specific payment request to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the specified due date. (b) Reimbursing costs. (1) For the purpose of reimbursing allowable costs (except as provided in subparagraph (b)(2) of the clause, with respect to pension, deferred profit sharing, and employee stock ownership plan contributions), the term "costs" includes only-- (i) Those recorded costs that, at the time of the request for reimbursement, the Contractor has paid by cash, check, or other form of actual payment for items or services purchased directly for the contract; (ii) When the Contractor is not delinquent in paying costs of contract performance in the ordinary course of business, costs incurred, but not necessarily paid, for--
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(A) Supplies and services purchased directly for the contract and associated financing payments to subcontractors, provided payments determined due will be made-- (1) In accordance with the terms and conditions of a subcontract or invoice; and (2) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government; (B) Materials issued from the Contractor's inventory and placed in the production process for use on the contract; (C) Direct labor; (D) Direct travel; (E) Other direct in-house costs; and (F) Properly allocable and allowable indirect costs, as shown in the records maintained by the Contractor for purposes of obtaining reimbursement under Government contracts; and (iii) The amount of financing payments that have been paid by cash, check, or other forms of payment to subcontractors. (2) Accrued costs of Contractor contributions under employee pension plans shall be excluded until actually paid unless-- (i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and (ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's indirect costs for payment purposes). (3) Notwithstanding the audit and adjustment of invoices or vouchers under paragraph (g) of this clause, allowable indirect costs under this contract shall be obtained by applying indirect cost rates established in accordance with paragraph (d) of this clause. (4) Any statements in specifications or other documents incorporated in this contract by reference designating performance of services or furnishing of materials at the Contractor's expense or at no cost to the Government shall be disregarded for purposes of cost-reimbursement under this clause. (c) Small business concerns. A small business concern may receive more frequent payments than every 2 weeks. (d) Final indirect cost rates. (1) Final annual indirect cost rates and the appropriate bases shall be established in accordance with Subpart 42.7 of the Federal Acquisition Regulation (FAR) in effect for the period covered by the indirect cost rate proposal. (2)(i) The Contractor shall submit an adequate final indirect cost rate proposal to the Contracting Officer (or cognizant Federal agency official) and auditor within the 6-month period following the expiration of each of its fiscal years. Reasonable extensions, for exceptional circumstances only, may be requested in writing by the Contractor and granted in writing by the Contracting Officer. The Contractor shall support its proposal with adequate supporting data. (ii) The proposed rates shall be based on the Contractor's actual cost experience for that period. The appropriate Government representative and the Contractor shall establish the final indirect cost rates as promptly as practical after receipt of the Contractor's proposal.
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(iii) An adequate indirect cost rate proposal shall include the following data unless otherwise specified by the cognizant Federal agency official: (A) Summary of all claimed indirect expense rates, including pool, base, and calculated indirect rate. (B) General and Administrative expenses (final indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts). (C) Overhead expenses (final indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts) for each final indirect cost pool. (D) Occupancy expenses (intermediate indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts) and expense reallocation to final indirect cost pools. (E) Claimed allocation bases, by element of cost, used to distribute indirect costs. (F) Facilities capital cost of money factors computation. (G) Reconciliation of books of account (i.e., General Ledger) and claimed direct costs by major cost element. (H) Schedule of direct costs by contract and subcontract and indirect expense applied at claimed rates, as well as a subsidiary schedule of Government participation percentages in each of the allocation base amounts. (I) Schedule of cumulative direct and indirect costs claimed and billed by contract and subcontract. (J) Subcontract information. Listing of subcontracts awarded to companies for which the contractor is the prime or upper-tier contractor (include prime and subcontract numbers; subcontract value and award type; amount claimed during the fiscal year; and the subcontractor name, address, and point of contact information). (K) Summary of each time-and-materials and labor-hour contract information, including labor categories, labor rates, hours, and amounts; direct materials; other direct costs; and, indirect expense applied at claimed rates. (L) Reconciliation of total payroll per IRS form 941 to total labor costs distribution. (M) Listing of decisions/agreements/approvals and description of accounting/organizational changes. (N) Certificate of final indirect costs (see 52.242-4, Certification of Final Indirect Costs). (O) Contract closing information for contracts physically completed in this fiscal year (include contract number, period of performance, contract ceiling amounts, contract fee computations, level of effort, and indicate if the contract is ready to close). (iv) The following supplemental information is not required to determine if a proposal is adequate, but may be required during the audit process: (A) Comparative analysis of indirect expense pools detailed by account to prior fiscal year and budgetary data. (B) General organizational information and limitation on allowability of compensation for certain contractor personnel. See 31.205-6(p). Additional salary reference information is available at http://www.whitehouse.gov/omb/procurement_index_exec_comp/. (C) Identification of prime contracts under which the contractor performs as a subcontractor.
(D) Description of accounting system (excludes contractors required to submit a CAS Disclosure Statement or contractors where the description of the accounting system has not changed from the previous year's submission). (E) Procedures for identifying and excluding unallowable costs from the costs claimed and billed (excludes contractors where the procedures have not changed from the previous year's submission). (F) Certified financial statements and other financial data (e.g., trial balance, compilation, review, etc.). (G) Management letter from outside CPAs concerning any internal control weaknesses. (H) Actions that have been and/or will be implemented to correct the weaknesses described in the management letter from subparagraph G) of this section. (I) List of all internal audit reports issued since the last disclosure of internal audit reports to the Government. (J) Annual internal audit plan of scheduled audits to be performed in the fiscal year when the final indirect cost rate submission is made. (K) Federal and State income tax returns. (L) Securities and Exchange Commission 10-K annual report. (M) Minutes from board of directors meetings. (N) Listing of delay claims and termination claims submitted which contain costs relating to the subject fiscal year. (O) Contract briefings, which generally include a synopsis of all pertinent contract provisions, such as: Contract type, contract amount, product or service(s) to be provided, contract performance period, rate ceilings, advance approval requirements, pre-contract cost allowability limitations, and billing limitations. (v) The Contractor shall update the billings on all contracts to reflect the final settled rates and update the schedule of cumulative direct and indirect costs claimed and billed, as required in paragraph (d)(2)(iii)(I) of this section, within 60 days after settlement of final indirect cost rates. (3) The Contractor and the appropriate Government representative shall execute a written understanding setting forth the final indirect cost rates. The understanding shall specify (i) the agreed-upon final annual indirect cost rates, (ii) the bases to which the rates apply, (iii) the periods for which the rates apply, (iv) any specific indirect cost items treated as direct costs in the settlement, and (v) the affected contract and/or subcontract, identifying any with advance agreements or special terms and the applicable rates. The understanding shall not change any monetary ceiling, contract obligation, or specific cost allowance or disallowance provided for in this contract. The understanding is incorporated into this contract upon execution. (4) Failure by the parties to agree on a final annual indirect cost rate shall be a dispute within the meaning of the Disputes clause. (5) Within 120 days (or longer period if approved in writing by the Contracting Officer) after settlement of the final annual indirect cost rates for all years of a physically complete contract, the Contractor shall submit a completion invoice or voucher to reflect the settled amounts and rates. The completion invoice or voucher shall include settled subcontract amounts and rates. The prime contractor is responsible for settling subcontractor amounts and rates included in the completion invoice or voucher and providing status of subcontractor audits to the contracting officer upon request. (6)(i) If the Contractor fails to submit a completion invoice or voucher within the time specified in paragraph (d)(5) of this clause, the Contracting Officer may--
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(A) Determine the amounts due to the Contractor under the contract; and (B) Record this determination in a unilateral modification to the contract. (ii) This determination constitutes the final decision of the Contracting Officer in accordance with the Disputes clause. (e) Billing rates. Until final annual indirect cost rates are established for any period, the Government shall reimburse the Contractor at billing rates established by the Contracting Officer or by an authorized representative (the cognizant auditor), subject to adjustment when the final rates are established. These billing rates-- (1) Shall be the anticipated final rates; and (2) May be prospectively or retroactively revised by mutual agreement, at either party's request, to prevent substantial overpayment or underpayment. (f) Quick-closeout procedures. Quick-closeout procedures are applicable when the conditions in FAR 42.708(a) are satisfied. (g) Audit. At any time or times before final payment, the Contracting Officer may have the Contractor's invoices or vouchers and statements of cost audited. Any payment may be (1) Reduced by amounts found by the Contracting Officer not to constitute allowable costs or (2) Adjusted for prior overpayments or underpayments. (h) Final payment. (1) Upon approval of a completion invoice or voucher submitted by the Contractor in accordance with paragraph (d)(5) of this clause, and upon the Contractor's compliance with all terms of this contract, the Government shall promptly pay any balance of allowable costs and that part of the fee (if any) not previously paid. (2) The Contractor shall pay to the Government any refunds, rebates, credits, or other amounts (including interest, if any) accruing to or received by the Contractor or any assignee under this contract, to the extent that those amounts are properly allocable to costs for which the Contractor has been reimbursed by the Government. Reasonable expenses incurred by the Contractor for securing refunds, rebates, credits, or other amounts shall be allowable costs if approved by the Contracting Officer. Before final payment under this contract, the Contractor and each assignee whose assignment is in effect at the time of final payment shall execute and deliver-- (i) An assignment to the Government, in form and substance satisfactory to the Contracting Officer, of refunds, rebates, credits, or other amounts (including interest, if any) properly allocable to costs for which the Contractor has been reimbursed by the Government under this contract; and (ii) A release discharging the Government, its officers, agents, and employees from all liabilities, obligations, and claims arising out of or under this contract, except-- (A) Specified claims stated in exact amounts, or in estimated amounts when the exact amounts are not known; (B) Claims (including reasonable incidental expenses) based upon liabilities of the Contractor to third parties arising out of the performance of this contract; provided, that the claims are not known to the Contractor on the date of the execution of the release, and that the Contractor gives notice of the claims in writing to the Contracting Officer within 6 years following the release date or notice of final payment date, whichever is earlier; and (C) Claims for reimbursement of costs, including reasonable incidental expenses, incurred by the Contractor under the patent clauses of this contract, excluding, however, any expenses arising from the Contractor's indemnification of the Government against patent liability. (End of clause)
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52.216-18 ORDERING. (OCT 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the date of contract award through the expiration of the contract to include exercised option periods. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. (End of clause) 52.216-19 ORDER LIMITATIONS. (OCT 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor: (1) Any order for a single item in excess $400 Million; (2) Any order for a combination of items in excess of $400 Million; or (3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above. (d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of clause) 52.216-22 INDEFINITE QUANTITY. (OCT 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in
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the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum". (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 30 calendar days before expiration date of the contract. (End of clause) 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 calendar days before expiration date of the contract. ***The pricing from the last option period shall remain binding for the duration of the term of the contract extended by the use of this option.*** (End of clause) 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 calendar days before expiration date of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 calendar days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years and 6 months. (End of clause) 52.222-2 PAYMENT FOR OVERTIME PREMIUMS (JUL 1990) (a) The use of overtime is authorized under this contract if the overtime premium cost does not exceed TBD at Task Order Level* or the overtime premium is paid for work -- (1) Necessary to cope with emergencies such as those resulting from accidents, natural disasters, breakdowns of
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production equipment, or occasional production bottlenecks of a sporadic nature; (2) By indirect-labor employees such as those performing duties in connection with administration, protection, transportation, maintenance, standby plant protection, operation of utilities, or accounting; (3) To perform tests, industrial processes, laboratory procedures, loading or unloading of transportation conveyances, and operations in flight or afloat that are continuous in nature and cannot reasonably be interrupted or completed otherwise; or (4) That will result in lower overall costs to the Government. (b) Any request for estimated overtime premiums that exceeds the amount specified above shall include all estimated overtime for contract completion and shall-- (1) Identify the work unit; e.g., department or section in which the requested overtime will be used, together with present workload, staffing, and other data of the affected unit sufficient to permit the Contracting Officer to evaluate the necessity for the overtime; (2) Demonstrate the effect that denial of the request will have on the contract delivery or performance schedule; (3) Identify the extent to which approval of overtime would affect the performance or payments in connection with other Government contracts, together with identification of each affected contract; and (4) Provide reasons why the required work cannot be performed by using multishift operations or by employing additional personnel. * Insert either "zero" or the dollar amount agreed to during negotiations. The inserted figure does not apply to the exceptions in paragraph (a)(1) through (a)(4) of the clause. (End of clause) 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999) (a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation. (b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:
Goals for minority participation for each trade
Goals for female participation for each trade
[Insert Goals] [Insert Goals]
These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office. (c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall
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be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed. (d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the -- (1) Name, address, and telephone number of the subcontractor; (2) Employer's identification number of the subcontractor; (3) Estimated dollar amount of the subcontract; (4) Estimated starting and completion dates of the subcontract; and (5) Geographical area in which the subcontract is to be performed. (e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is [Contracting Officer shall insert description of the geographical areas where the contract is to be performed, giving the State, county, and city]. (End of provision) 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014) In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION Employee Class Monetary Wage-Fringe Benefits (End of clause) 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) Funds are not presently available for performance under this contract beyond . The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond , until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.
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(End of clause) 52.232-32 PERFORMANCE-BASED PAYMENTS (APR 2012) (a) Amount of payments and limitations on payments. Subject to such other limitations and conditions as are specified in this contract and this clause, the amount of payments and limitations on payments shall be specified in the contract's description of the basis for payment. (b) Contractor request for performance-based payment. The Contractor may submit requests for payment of performance-based payments not more frequently than monthly, in a form and manner acceptable to the Contracting Officer. Unless otherwise authorized by the Contracting Officer, all performance-based payments in any period for which payment is being requested shall be included in a single request, appropriately itemized and totaled. The Contractor's request shall contain the information and certification detailed in paragraphs (l) and (m) of this clause. (c) Approval and payment of requests. (1) The Contractor shall not be entitled to payment of a request for performance-based payment prior to successful accomplishment of the event or performance criterion for which payment is requested. The Contracting Officer shall determine whether the event or performance criterion for which payment is requested has been successfully accomplished in accordance with the terms of the contract. The Contracting Officer may, at any time, require the Contractor to substantiate the successful performance of any event or performance criterion which has been or is represented as being payable. (2) A payment under this performance-based payment clause is a contract financing payment under the Prompt Payment clause of this contract and not subject to the interest penalty provisions of the Prompt Payment Act. The designated payment office will pay approved requests on the 30th day after receipt of the request for performance-based payment by the designated payment office. However, the designated payment office is not required to provide payment if the Contracting Officer requires substantiation as provided in paragraph (c)(1) of this clause, or inquiries into the status of an event or performance criterion, or into any of the conditions listed in paragraph (e) of this clause, or into the Contractor certification. The payment period will not begin until the Contracting Officer approves the request. (3) The approval by the Contracting Officer of a request for performance-based payment does not constitute an acceptance by the Government and does not excuse the Contractor from performance of obligations under this contract. (d) Liquidation of performance-based payments. (1) Performance-based finance amounts paid prior to payment for delivery of an item shall be liquidated by deducting a percentage or a designated dollar amount from the delivery payment. If the performance-based finance payments are on a delivery item basis, the liquidation amount for each such line item shall be the percent of that delivery item price that was previously paid under performance-based finance payments or the designated dollar amount. If the performance-based finance payments are on a whole contract basis, liquidation shall be by either predesignated liquidation amounts or a liquidation percentage. (2) If at any time the amount of payments under this contract exceeds any limitation in this contract, the Contractor shall repay to the Government the excess. Unless otherwise determined by the Contracting Officer, such excess shall be credited as a reduction in the unliquidated performance-based payment balance(s), after adjustment of invoice payments and balances for any retroactive price adjustments. (e) Reduction or suspension of performance-based payments. The Contracting Officer may reduce or suspend performance-based payments, liquidate performance-based payments by deduction from any payment under the contract, or take a combination of these actions after finding upon substantial evidence any of the following
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conditions: (1) The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (h) and (i) of this clause). (2) Performance of this contract is endangered by the Contractor's -- (i) Failure to make progress; or (ii) Unsatisfactory financial condition. (3) The Contractor is delinquent in payment of any subcontractor or supplier under this contract in the ordinary course of business. (f) Title. (1) Title to the property described in this paragraph (f) shall vest in the Government. Vestiture shall be immediately upon the date of the first performance-based payment under this contract, for property acquired or produced before that date. Otherwise, vestiture shall occur when the property is or should have been allocable or properly chargeable to this contract (2) "Property," as used in this clause, includes all of the following described items acquired or produced by the Contractor that are or should be allocable or properly chargeable to this contract under sound and generally accepted accounting principles and practices: (i) Parts, materials, inventories, and work in process; (ii) Special tooling and special test equipment to which the Government is to acquire title; (iii) Nondurable (i.e., noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment and other similar manufacturing aids, title to which would not be obtained as special tooling under subparagraph (f)(2)(ii) of this clause; and (iv) Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver them to the Government by other clauses of this contract. (3) Although title to property is in the Government under this clause, other applicable clauses of this contract (e.g., the termination or clauses) shall determine the handling and disposition of the property. (4) The Contractor may sell any scrap resulting from production under this contract, without requesting the Contracting Officer's approval, provided that any significant reduction in the value of the property to which the Government has title under this clause is reported in writing to the Contracting Officer. (5) In order to acquire for its own use or dispose of property to which title is vested in the Government under this clause, the Contractor shall obtain the Contracting Officer's advance approval of the action and the terms. If approved, the basis for payment (the events or performance criteria) to which the property is related shall be deemed to be not in compliance with the terms of the contract and not payable (if the property is part of or needed for performance), and the Contractor shall refund the related performance-based payments in accordance with paragraph (d) of this clause. (6) When the Contractor completes all of the obligations under this contract, including liquidation of all performance-based payments, title shall vest in the Contractor for all property (or the proceeds thereof) not -- (i) Delivered to, and accepted by, the Government under this contract; or
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(ii) Incorporated in supplies delivered to, and accepted by, the Government under this contract and to which title is vested in the Government under this clause. (7) The terms of this contract concerning liability for Government-furnished property shall not apply to property to which the Government acquired title solely under this clause. (g) Risk of loss. Before delivery to and acceptance by the Government, the Contractor shall bear the risk of loss for property, the title to which vests in the Government under this clause, except to the extent the Government expressly assumes the risk. If any property is lost (see 45.101), the basis of payment (the events or performance criteria) to which the property is related shall be deemed to be not in compliance with the terms of the contract and not payable (if the property is part of or needed for performance), and the Contractor shall refund the related performance-based payments in accordance with paragraph (d) of this clause. (h) Records and controls. The Contractor shall maintain records and controls adequate for administration of this clause. The Contractor shall have no entitlement to performance-based payments during any time the Contractor's records or controls are determined by the Contracting Officer to be inadequate for administration of this clause. (i) Reports and Government access. The Contractor shall promptly furnish reports, certificates, financial statements, and other pertinent information requested by the Contracting Officer for the administration of this clause and to determine that an event or other criterion prompting a financing payment has been successfully accomplished. The Contractor shall give the Government reasonable opportunity to examine and verify the Contractor's records and to examine and verify the Contractor's performance of this contract for administration of this clause. (j) Special terms regarding default. If this contract is terminated under the Default clause, (1) the Contractor shall, on demand, repay to the Government the amount of unliquidated performance-based payments, and (2) title shall vest in the Contractor, on full liquidation of all performance-based payments, for all property for which the Government elects not to require delivery under the Default clause of this contract. The Government shall be liable for no payment except as provided by the Default clause. (k) Reservation of rights. (1) No payment or vesting of title under this clause shall -- (i) Excuse the Contractor from performance of obligations under this contract; or (ii) Constitute a waiver of any of the rights or remedies of the parties under the contract. (2) The Government's rights and remedies under this clause -- (i) Shall not be exclusive, but rather shall be in addition to any other rights and remedies provided by law or this contract; and (ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government. (l) Content of Contractor's request for performance-based payment. The Contractor's request for performance-based payment shall contain the following: (1) The name and address of the Contractor; (2) The date of the request for performance-based payment;
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(3) The contract number and/or other identifier of the contract or order under which the request is made; (4) Such information and documentation as is required by the contract's description of the basis for payment; and (5) A certification by a Contractor official authorized to bind the Contractor, as specified in paragraph (m) of this clause. (m) Content of Contractor's certification. As required in paragraph (l)(5) of this clause, the Contractor shall make the following certification in each request for performance-based payment: I certify to the best of my knowledge and belief that -- (1) This request for performance-based payment is true and correct; this request (and attachments) has been prepared from the books and records of the Contractor, in accordance with the contract and the instructions of the Contracting Officer; (2) (Except as reported in writing on __________), all payments to subcontractors and suppliers under this contract have been paid, or will be paid, currently, when due in the ordinary course of business; (3) There are no encumbrances (except as reported in writing on _________) against the property acquired or produced for, and allocated or properly chargeable to, the contract which would affect or impair the Government's title; (4) There has been no materially adverse change in the financial condition of the Contractor since the submission by the Contractor to the Government of the most recent written information dated _____________; and (5) After the making of this requested performance-based payment, the amount of all payments for each deliverable item for which performance-based payments have been requested will not exceed any limitation in the contract, and the amount of all payments under the contract will not exceed any limitation in the contract. (End of Clause) 52.244-2 SUBCONTRACTS (OCT 2010) (a) Definitions. As used in this clause-- Approved purchasing system means a Contractor's purchasing system that has been reviewed and approved in accordance with Part 44 of the Federal Acquisition Regulation (FAR). Consent to subcontract means the Contracting Officer's written consent for the Contractor to enter into a particular subcontract. Subcontract means any contract, as defined in FAR Subpart 2.1, entered into by a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders. (b) When this clause is included in a fixed-price type contract, consent to subcontract is required only on unpriced contract actions (including unpriced modifications or unpriced delivery orders), and only if required in accordance with paragraph (c) or (d) of this clause.
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(c) If the Contractor does not have an approved purchasing system, consent to subcontract is required for any subcontract that— (1) Is of the cost-reimbursement, time-and-materials, or labor-hour type; or (2) Is fixed-price and exceeds— (i) For a contract awarded by the Department of Defense, the Coast Guard, or the National Aeronautics and Space Administration, the greater of the simplified acquisition threshold or 5 percent of the total estimated cost of the contract; or (ii) For a contract awarded by a civilian agency other than the Coast Guard and the National Aeronautics and Space Administration, either the simplified acquisition threshold or 5 percent of the total estimated cost of the contract. (d) If the Contractor has an approved purchasing system, the Contractor nevertheless shall obtain the Contracting Officer’s written consent before placing the following subcontracts: To be determined at the task order level (e)(1) The Contractor shall notify the Contracting Officer reasonably in advance of placing any subcontract or modification thereof for which consent is required under paragraph (b), (c), or (d) of this clause, including the following information: (i) A description of the supplies or services to be subcontracted. (ii) Identification of the type of subcontract to be used. (iii) Identification of the proposed subcontractor. (iv) The proposed subcontract price. (v) The subcontractor’s current, complete, and accurate certified cost or pricing data and Certificate of Current Cost or Pricing Data, if required by other contract provisions. (vi) The subcontractor’s Disclosure Statement or Certificate relating to Cost Accounting Standards when such data are required by other provisions of this contract. (vii) A negotiation memorandum reflecting— (A) The principal elements of the subcontract price negotiations; (B) The most significant considerations controlling establishment of initial or revised prices; (C) The reason certified cost or pricing data were or were not required; (D) The extent, if any, to which the Contractor did not rely on the subcontractor’s certified cost or pricing data in determining the price objective and in negotiating the final price; (E) The extent to which it was recognized in the negotiation that the subcontractor’s certified cost or pricing data were not accurate, complete, or current; the action taken by the Contractor and the subcontractor; and the effect of any such defective data on the total price negotiated; (F) The reasons for any significant difference between the Contractor’s price objective and the price negotiated; and
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(G) A complete explanation of the incentive fee or profit plan when incentives are used. The explanation shall identify each critical performance element, management decisions used to quantify each incentive element, reasons for the incentives, and a summary of all trade-off possibilities considered. (2) The Contractor is not required to notify the Contracting Officer in advance of entering into any subcontract for which consent is not required under paragraph (c), (d), or (e) of this clause. (f) Unless the consent or approval specifically provides otherwise, neither consent by the Contracting Officer to any subcontract nor approval of the Contractor’s purchasing system shall constitute a determination— (1) Of the acceptability of any subcontract terms or conditions; (2) Of the allowability of any cost under this contract; or (3) To relieve the Contractor of any responsibility for performing this contract. (g) No subcontract or modification thereof placed under this contract shall provide for payment on a cost-plus-a-percentage-of-cost basis, and any fee payable under cost-reimbursement type subcontracts shall not exceed the fee limitations in FAR 15.404-4(c)(4)(i). (h) The Contractor shall give the Contracting Officer immediate written notice of any action or suit filed and prompt notice of any claim made against the Contractor by any subcontractor or vendor that, in the opinion of the Contractor, may result in litigation related in any way to this contract, with respect to which the Contractor may be entitled to reimbursement from the Government. (i) The Government reserves the right to review the Contractor’s purchasing system as set forth in FAR Subpart 44.3. (j) Paragraphs (c) and (e) of this clause do not apply to the following subcontracts, which were evaluated during negotiations: ____________________ _____________________ (End of clause) 52.246-20 WARRANTY OF SERVICES (MAY 2001) (a) Definition. "Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract. (b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor as determined in the task order. This notice shall state either (1) that the Contractor shall correct or reperform any defective or nonconforming services, or (2) that the Government does not require correction or reperformance. (c) If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially
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performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price. (d) If the Government does not require correction or reperformance, the Contracting Officer shall make an equitable adjustment in the contract price. (End of clause) 52.248-1 VALUE ENGINEERING (OCT 2010) (a) General. The Contractor is encouraged to develop, prepare, and submit value engineering change proposals (VECP's) voluntarily. The Contractor shall share in any net acquisition savings realized from accepted VECP's, in accordance with the incentive sharing rates in paragraph (f) below. (b) Definitions. "Acquisition savings,'' as used in this clause, means savings resulting from the application of a VECP to contracts awarded by the same contracting office or its successor for essentially the same unit. Acquisition savings include-- (1) Instant contract savings, which are the net cost reductions on this, the instant contract, and which are equal to the instant unit cost reduction multiplied by the number of instant contract units affected by the VECP, less the Contractor's allowable development and implementation costs; (2) Concurrent contract savings, which are net reductions in the prices of other contracts that are definitized and ongoing at the time the VECP is accepted; and (3) Future contract savings, which are the product of the future unit cost reduction multiplied by the number of future contract units in the sharing base. On an instant contract, future contract savings include savings on increases in quantities after VECP acceptance that are due to contract modifications, exercise of options, additional orders, and funding of subsequent year requirements on a multiyear contract. "Collateral costs," as used in this clause, means agency cost of operation, maintenance, logistic support, or Government-furnished property. "Collateral savings," as used in this clause, means those measurable net reductions resulting from a VECP in the agency's overall projected collateral costs, exclusive of acquisition savings, whether or not the acquisition cost changes. "Contracting office" includes any contracting office that the acquisition is transferred to, such as another branch of the agency or another agency's office that is performing a joint acquisition action. "Contractor's development and implementation costs," as used in this clause, means those costs the Contractor incurs on a VECP specifically in developing, testing, preparing, and submitting the VECP, as well as those costs the Contractor incurs to make the contractual changes required by Government acceptance of a VECP. "Future unit cost reduction," as used in this clause, means the instant unit cost reduction adjusted as the Contracting Officer considers necessary for projected learning or changes in quantity during the sharing period. It is calculated at the time the VECP is accepted and applies either (1) throughout the sharing period, unless the Contracting Officer decides that recalculation is necessary because conditions are significantly different from those previously anticipated or (2) to the calculation of a lump-sum payment, which cannot later be revised. "Government costs," as used in this clause, means those agency costs that result directly from developing and implementing the VECP, such as any net increases in the cost of testing, operations, maintenance, and logistics
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support. The term does not include the normal administrative costs of processing the VECP or any increase in this contract's cost or price resulting from negative instant contract savings. "Instant contract," as used in this clause, means this contract, under which the VECP is submitted. It does not include increases in quantities after acceptance of the VECP that are due to contract modifications, exercise of options, or additional orders. If this is a multiyear contract, the term does not include quantities funded after VECP acceptance. If this contract is a fixed-price contract with prospective price redetermination, the term refers to the period for which firm prices have been established. "Instant unit cost reduction" means the amount of the decrease in unit cost of performance (without deducting any Contractor's development or implementation costs) resulting from using the VECP on this, the instant contract. If this is a service contract, the instant unit cost reduction is normally equal to the number of hours per line-item task saved by using the VECP on this contract, multiplied by the appropriate contract labor rate. "Negative instant contract savings" means the increase in the cost or price of this contract when the acceptance of a VECP results in an excess of the Contractor's allowable development and implementation costs over the product of the instant unit cost reduction multiplied by the number of instant contract units affected. "Net acquisition savings" means total acquisition savings, including instant, concurrent, and future contract savings, less Government costs. "Sharing base," as used in this clause, means the number of affected end items on contracts of the contracting office accepting the VECP. Sharing period, as used in this clause, means the period beginning with acceptance of the first unit incorporating the VECP and ending at a calendar date or event determined by the contracting officer for each VECP. "Unit," as used in this clause, means the item or task to which the Contracting Officer and the Contractor agree the VECP applies. "Value engineering change proposal (VECP)" means a proposal that-- (1) Requires a change to this, the instant contract, to implement; and (2) Results in reducing the overall projected cost to the agency without impairing essential functions or characteristics; provided, that it does not involve a change-- (i) In deliverable end item quantities only; (ii) In research and development (R&D) end items or R&D test quantities that is due solely to results of previous testing under this contract; or (iii) To the contract type only. (c) VECP preparation. As a minimum, the Contractor shall include in each VECP the information described in subparagraphs (1) through (8) below. If the proposed change is affected by contractually required configuration management or similar procedures, the instructions in those procedures relating to format, identification, and priority assignment shall govern VECP preparation. The VECP shall include the following: (1) A description of the difference between the existing contract requirement and the proposed requirement, the comparative advantages and disadvantages of each, a justification when an item's function or characteristics are being altered, the effect of the change on the end item's performance, and any pertinent objective test data. (2) A list and analysis of the contract requirements that must be changed if the VECP is accepted, including any suggested specification revisions.
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(3) Identification of the unit to which the VECP applies. (4) A separate, detailed cost estimate for (i) the affected portions of the existing contract requirement and (ii) the VECP. The cost reduction associated with the VECP shall take into account the Contractor's allowable development and implementation costs, including any amount attributable to subcontracts under the Subcontracts paragraph of this clause, below. (5) A description and estimate of costs the Government may incur in implementing the VECP, such as test and evaluation and operating and support costs. (6) A prediction of any effects the proposed change would have on collateral costs to the agency. (7) A statement of the time by which a contract modification accepting the VECP must be issued in order to achieve the maximum cost reduction, noting any effect on the contract completion time or delivery schedule. (8) Identification of any previous submissions of the VECP, including the dates submitted, the agencies and contract numbers involved, and previous Government actions, if known. (d) Submission. The Contractor shall submit VECP's to the Contracting Officer, unless this contract states otherwise. If this contract is administered by other than the contracting office, the Contractor shall submit a copy of the VECP simultaneously to the Contracting Officer and to the Administrative Contracting Officer. (e) Government action. (1) The Contracting Officer will notify the Contractor of the status of the VECP within 45 calendar days after the contracting office receives it. If additional time is required, the Contracting Officer will notify the Contractor within the 45-day period and provide the reason for the delay and the expected date of the decision. The Government will process VECP's expeditiously; however, it shall not be liable for any delay in acting upon a VECP. (2) If the VECP is not accepted, the Contracting Officer will notify the Contractor in writing, explaining the reasons for rejection. The Contractor may withdraw any VECP, in whole or in part, at any time before it is accepted by the Government. The Contracting Officer may require that the Contractor provide written notification before undertaking significant expenditures for VECP effort. (3) Any VECP may be accepted, in whole or in part, by the Contracting Officer's award of a modification to this contract citing this clause and made either before or within a reasonable time after contract performance is completed. Until such a contract modification applies a VECP to this contract, the Contractor shall perform in accordance with the existing contract. The decision to accept or reject all or part of any VECP is a unilateral decision made solely at the discretion of the Contracting Officer. (f) Sharing rates. If a VECP is accepted, the Contractor shall share in net acquisition savings according to the percentages shown in the table below. The percentage paid the Contractor depends upon (1) this contract's type (fixed-price, incentive, or cost-reimbursement), (2) the sharing arrangement specified in paragraph (a) above (incentive, program requirement, or a combination as delineated in the Schedule), and (3) the source of the savings (the instant contract, or concurrent and future contracts), as follows:
CONTRACTOR'S SHARE OF NET ACQUISITION SAVINGS (Figures in percent)
Contract Type Incentive (Voluntary) Program Requirement
(Mandatory) Instant Contract
Rate Concurrent and Future Contract
Rate
Instant Contract Rate
Concurrent and Future Contract
Rate
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Fixed-price (includes fixed-price-award-fee; excludes other
fixed-price incentive contracts)
(1) 50 (1) 50 (1) 25 25
Incentive (fixed-price or cost) (other than award fee)
(2) (1) 50 (2) 25
Cost-reimbursement (includes cost-plus-award-fee; excludes other
cost-type incentive
Contracts)
(3) 25 (3) 25 15 15
(1) The Contracting Officer may increase the Contractor's sharing rate to as high as 75 percent for each VECP. (2) Same sharing arrangement as the contract's profit or fee adjustment formula. (3) The Contracting Officer may increase the Contractor's sharing rate to as high as 50 percent for each VECP.
(g) Calculating net acquisition savings. (1) Acquisition savings are realized when (i) the cost or price is reduced on the instant contract, (ii) reductions are negotiated in concurrent contracts, (iii) future contracts are awarded, or (iv) agreement is reached on a lump-sum payment for future contract savings (see subparagraph (i)(4) below). Net acquisition savings are first realized, and the Contractor shall be paid a share, when Government costs and any negative instant contract savings have been fully offset against acquisition savings. (2) Except in incentive contracts, Government costs and any price or cost increases resulting from negative instant contract savings shall be offset against acquisition savings each time such savings are realized until they are fully offset. Then, the Contractor's share is calculated by multiplying net acquisition savings by the appropriate Contractor's percentage sharing rate (see paragraph (f) above). Additional Contractor shares of net acquisition savings shall be paid to the Contractor at the time realized. (3) If this is an incentive contract, recovery of Government costs on the instant contract shall be deferred and offset against concurrent and future contract savings. The Contractor shall share through the contract incentive structure in savings on the instant contract items affected. Any negative instant contract savings shall be added to the target cost or to the target price and ceiling price, and the amount shall be offset against concurrent and future contract savings. (4) If the Government does not receive and accept all items on which it paid the Contractor's share, the Contractor shall reimburse the Government for the proportionate share of these payments. (h) Contract adjustment. The modification accepting the VECP (or a subsequent modification issued as soon as possible after any negotiations are completed) shall-- (1) Reduce the contract price or estimated cost by the amount of instant contract savings, unless this is an incentive contract; (2) When the amount of instant contract savings is negative, increase the contract price, target price and ceiling price, target cost, or estimated cost by that amount; (3) Specify the Contractor's dollar share per unit on future contracts, or provide the lump-sum payment;
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(4) Specify the amount of any Government costs or negative instant contract savings to be offset in determining net acquisition savings realized from concurrent or future contract savings; and (5) Provide the Contractor's share of any net acquisition savings under the instant contract in accordance with the following: (i) Fixed-price contracts--add to contract price. (ii) Cost-reimbursement contracts--add to contract fee. (i) Concurrent and future contract savings. (1) Payments of the Contractor's share of concurrent and future contract savings shall be made by a modification to the instant contract in accordance with subparagraph (h)(5) above. For incentive contracts, shares shall be added as a separate firm-fixed-price line item on the instant contract. The Contractor shall maintain records adequate to identify the first delivered unit for 3 years after final payment under this contract. (2) The Contracting Officer shall calculate the Contractor's share of concurrent contract savings by (i) subtracting from the reduction in price negotiated on the concurrent contract any Government costs or negative instant contract savings not yet offset and (ii) multiplying the result by the Contractor's sharing rate. (3) The Contracting Officer shall calculate the Contractor's share of future contract savings by (i) multiplying the future unit cost reduction by the number of future contract units scheduled for delivery during the sharing period, (ii) subtracting any Government costs or negative instant contract savings not yet offset, and (iii) multiplying the result by the Contractor's sharing rate. (4) When the Government wishes and the Contractor agrees, the Contractor's share of future contract savings may be paid in a single lump sum rather than in a series of payments over time as future contracts are awarded. Under this alternate procedure, the future contract savings may be calculated when the VECP is accepted, on the basis of the Contracting Officer's forecast of the number of units that will be delivered during the sharing period. The Contractor's share shall be included in a modification to this contract (see subparagraph (h)(3) above) and shall not be subject to subsequent adjustment. (5) Alternate no-cost settlement method. When, in accordance with subsection 48.104-4 of the Federal Acquisition Regulation, the Government and the Contractor mutually agree to use the no-cost settlement method, the following applies: (i) The Contractor will keep all the savings on the instant contract and on its concurrent contracts only. (ii) The Government will keep all the savings resulting from concurrent contracts placed on other sources, savings from all future contracts, and all collateral savings. (j) Collateral savings. If a VECP is accepted, the Contracting Officer will increase the instant contract amount, as specified in paragraph (h)(5) of this clause, by a rate from 20 to 100 percent, as determined by the Contracting Officer, of any projected collateral savings determined to be realized in a typical year of use after subtracting any Government costs not previously offset. However, the Contractor's share of collateral savings will not exceed the contract's firm-fixed-price, target price, target cost, or estimated cost, at the time the VECP is accepted, or $100,000, whichever is greater. The Contracting Officer will be the sole determiner of the amount of collateral savings. (k) Relationship to other incentives. Only those benefits of an accepted VECP not rewardable under performance, design-to-cost (production unit cost, operating and support costs, reliability and maintainability), or similar incentives shall be rewarded under this clause. However, the targets of such incentives affected by the VECP shall not be adjusted because of VECP acceptance. If this contract specifies targets but provides no incentive to surpass them, the value engineering sharing shall apply only to the amount of achievement better than target.
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(l) Subcontracts. The Contractor shall include an appropriate value engineering clause in any subcontract of $150,000 or more and may include one in subcontracts of lesser value. In calculating any adjustment in this contract's price for instant contract savings (or negative instant contract savings), the Contractor's allowable development and implementation costs shall include any subcontractor's allowable development and implementation costs, and any value engineering incentive payments to a subcontractor, clearly resulting from a VECP accepted by the Government under this contract. The Contractor may choose any arrangement for subcontractor value engineering incentive payments; provided, that the payments shall not reduce the Government's share of concurrent or future contract savings or collateral savings. (m) Data. The Contractor may restrict the Government's right to use any part of a VECP or the supporting data by marking the following legend on the affected parts: "These data, furnished under the Value Engineering clause of contract . . . . . . . . . . , shall not be disclosed outside the Government or duplicated, used, or disclosed, in whole or in part, for any purpose other than to evaluate a value engineering change proposal submitted under the clause. This restriction does not limit the Government's right to use information contained in these data if it has been obtained or is otherwise available from the Contractor or from another source without limitations." If a VECP is accepted, the Contractor hereby grants the Government unlimited rights in the VECP and supporting data, except that, with respect to data qualifying and submitted as limited rights technical data, the Government shall have the rights specified in the contract modification implementing the VECP and shall appropriately mark the data. (The terms "unlimited rights" and "limited rights" are defined in Part 27 of the Federal Acquisition Regulation.) (End of clause) 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): FAR at http://farsite.hill.af.mil/ DFARS at http://farsite.hill.af.mil/VFDFARA.HTM (End of clause) 52.252-4 ALTERATIONS IN CONTRACT (APR 1984) Portions of this contract are altered as follows: (End of clause) 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
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(b) The use in this solicitation or contract of any insert regulation name (48 CFR ) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of clause) 252.209-7994 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW—FISCAL YEAR 2014 APPROPRIATIONS (DEVIATION 2014-O0004) (OCTOBER 2013) (a) In accordance with section 101(a) of Division A of the Continuing Appropriations Act, 2014 (Pub. L. 113-46), none of the funds made available by that Act for DoD (including Military Construction funds) may be used to enter into a contract with any corporation that— (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that— (1) It is [ ___ ] is not [ ___ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, (2) It is [ ___ ] is not [ ___ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
(End of provision)
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Section J - List of Documents, Exhibits and Other Attachments TABLE OF CONTENTS DOCUMENT TYPE DESCRIPTION DOCUMENT LOCATION
Exhibit 1 Data Item Descriptions Separate Adobe Attachment Exhibit 2 Performance Requirements Summary Section J of the Solicitation Exhibit 3 Quality Assurance Surveillance Plan Section J of the Solicitation Exhibit 4 Profit-Fee Calculation Worksheet Section J of the Solicitation Exhibit 5 Contract Data Requirements Lists (3 attachments) Separate Adobe Attachment Exhibit 6 Key Subcontractors and Key Personnel Section J of the Solicitation
Attachment A Past Performance Questionnaire Section J of the Solicitation Attachment B Experience - Past Performance Reference Section J of the Solicitation Attachment C PWS for Sample Task Order Separate Adobe Attachment Attachment D Key Personnel Resume Format Section J of the Solicitation Attachment E Letter of Commitment for Key Personnel Section J of the Solicitation Attachment F Letter of Commitment for Key Subcontractor Section J of the Solicitation Attachment G Sample Task Order Wage Determination Section J of the Solicitation Attachment H Schedule B Worksheets Separate Excel Attachment Attachment I Sample Task Price Proposal Worksheets Separate Excel Attachment
ATTACHMENT A
(Presented for Information Only – Not to be completed by Offeror) PAST PERFORMANCE RISK ASSESSMENT QUESTIONNAIRE
Please return this completed Questionnaire via e-mail to the Contract Specialist at [email protected]. Thank you for your assistance.
PAST PERFORMANCE QUESTIONNAIRE
Company/Agency Name Address Person Completing Survey Date Survey Completed Position Held in Reference to the Contract Length of Involvement in Contract Email Address Telephone Number Fax Number Contractor Contract Title Contract Number Project Description Contract Type/Cost Award Date Original Contract Price
Final Contract Price Explain Difference Percentage of Work Performed by Contractor
Roles and Responsibilities as Sub or Prime Expected Completion Date Actual Completion Date Explain Differences
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1. Quality of Work: a) How was the contractor’s compliance with applicable safety standards to protect personnel and
company/agency resources? Unsatisfactory Marginal Satisfactory Very Good Excellent
b) How was the contractor’s compliance with applicable labor standards? Unsatisfactory Marginal Satisfactory Very Good Excellent
c) Was the contractor’s effort in Quality Control successful in ensuring quality workmanship on your project? Unsatisfactory Marginal Satisfactory Very Good Excellent
d) Was the contractor committed to customer satisfaction? Unsatisfactory Marginal Satisfactory Very Good Excellent
e) Overall rating for Quality of Work Unsatisfactory Marginal Satisfactory Very Good Excellent
2. Cost Controls: a) Did the Contractor perform the required services at the contract price without adverse effect on performance?
Unsatisfactory Marginal Satisfactory Very Good Excellent b) Did the contractor submit a fair and reasonable proposal when requested to perform additional work?
Unsatisfactory Marginal Satisfactory Very Good Excellent c) If this contract is an indefinite delivery type contract (e.g., Multiple Award Environmental Contract, Task Order
Contract, etc.), has the Contractor submitted competitive quotes on the individual orders issued under this contract?
Yes No N/A d) Overall rating for Cost Controls
Unsatisfactory Marginal Satisfactory Very Good Excellent 3. Timeliness of Performance: a) Was the contractor timely in submitting schedules, reports, billings and other contract submittals?
Always Usually Sometimes Never N/A b) Was the contractor timely in responding to requests for proposals for additional work?
Always Usually Sometimes Never N/A
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c) Did the contractor complete the contract on time taking into account all excusable delays? Yes No N/A
d) Was the contractor assessed any liquidated damages or deductions for late or nonperformance of required work? If yes, please explain.
Yes No e) Did the contractor exceed contractual requirements in relation to Timeliness of Performance in a way that was
deemed beneficial to your agency? Yes No N/A
If you answered No, indicate your reason by checking one of the following: Contractor met the requirements, but did not exceed them Did not meet some of the requirements Did not meet requirements and recovery is not likely f) Overall rating for Timeliness of Performance
Unsatisfactory Marginal Satisfactory Very Good Excellent 4. Effectiveness of Management: a) Did the contractor award subcontracts in a timely manner and properly manage them?
Always Usually Sometimes Never N/A b) If applicable, did the contractor meet its small, small disadvantaged and women-owned business participation
goals? Yes No N/A
c) How would you rate the management of this firm as it relates to the completion of your contract and to the qualifications of its on-site personnel. Please explain.
Unsatisfactory Marginal Satisfactory Very Good Excellent d) Describe the performance of the following personnel (if applicable)
1. Program Manger U M S VG E 2. Project Manager U M S VG E 3. Engineering/Technical U M S VG E 4. Quality Control Manager U M S VG E 5. Safety Officer U M S VG E 6. Superintendent U M S VG E
5. Customer Satisfaction: a) Did the Contractor show reasonable and cooperative behavior and attention to customer satisfaction?
Yes No N/A If you answered NO, please explain why: 6. Overall Rating of Contractor: In summary, which of the following would you choose to best describe the overall quality of this firm’s past
performance? Unsatisfactory Marginal Satisfactory Very Good Excellent
7. Contact Information Name of Person Completing Form _____________________________________________________________ Position __________________________________________________________________________________ Project Description _________________________________________________________________________ Role of Contractor __________________________________________________________________________ Phone No _________________________________________________________________________________
The information in this Questionnaire may be verified by Personnel from the U.S. Army Engineering and Support Center, Huntsville. ATTACHMENT B
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EXPERIENCE - PAST PERFORMANCE REFERENCE (May be modified/formatted as needed but offeror’s proposal shall contain at a minimum all the information below. This form is not included in the page count.) SOLICITATION NO. W912DY-16-R-0077 PROJECT EXPERIENCE FORM Please provide a completed form for each project for which experience is being claimed (Offeror fills out this section). Name of Offeror: __________________________________________________ Name of Project: __________________________________________________ Location of Project: ________________________________________________ Contract Number Project Performed Under: _______________________ Task Order Number: ________ Was the Project Firm-Fixed Price or Cost Reimbursable (including Time & Materials)? _____________________________________________________________________________________________ Was the offeror the prime contractor or subcontractor? __________________________________________ If the offeror was the prime contractor, please explain primary role/duties: ________________________ _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Brief Description of Project (Offeror can add attachment provided page count is not exceeded.) _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Contract Amount at Award: _____________________________________________ Final Contract Amount: ________________________________________________ Amount added by Modification: _________________________________________ Explanation of any Cost Growth/Overruns: _____________________________________________________ __________________________________________________________________________________________________________________________________________________________________________________________ _____________________________________________________________________________________________ Multiple Interim Schedule Milestones (to include scheduled start date): ___________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ Original Contract Completion Date: ____________________________________
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Final Contract Completion Date: _______________________________________ Actual Completion Date: ______________________________________________ Time added by Modification: ___________________________________________ Explanation of any Late Finish: _______________________________________________________________ _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Additional Project Information (Offeror can add attachment provided page count is not exceeded): _____________________________________________________________________________________________ ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Was the project terminated early or were cure/show cause letters received? Yes No Explain early termination (default/convenience) or cure/show cause letters. __________________________________________________________________________________________________________________________________________________________________________________________ _____________________________________________________________________________________________ Safety record: ____ Accidents, ____ Incidents, ____Violations List and explain any customer concerns or dissatisfaction __________________________________________________________________________________________________________________________________________________________________________________________ _____________________________________________________________________________________________ What were the SDB, WOB and small business percent goals in the original contract, if any? N/A________SDB:______ WOB: _____ Small Business: ______ HUBZONE: ______ SDVOSB: _______ What was the actual percent achieved at contract completion? N/A______SDB: ______ WOB: _____ Small Business: _____ HUBZONE: ______ SDVOSB: _______ Was the project owner an agency of the federal government? Yes No Name, address, FAX and telephone number of the owner: _____________________________________________________________________________________________ Name and telephone number of a representative of your firm who is knowledgeable of this project and can readily be contacted: _____________________________________________________________________________________________ Name, address, FAX and telephone number of a representative of the owner who is knowledgeable of this project and can be readily contacted: _____________________________________________________________________________________________ Name, address, FAX and telephone number of the Contracting Officer if project was for federal government: ATTACHMENT C
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SAMPLE TASK ORDER is provided in an adobe document separately. ATTACHMENT D
KEY PERSONNEL RESUME
Provide information, listed below, on separate sheets (i.e. no more than one resume per page) showing qualifications for the key personnel positions identified in Section C of the solicitation. Do not exceed 2 pages per resume. NOTE: Match the positions on this page to the list of key personnel in the narrative submission requirements. a. Name and Title: b. Assignment on this Contract: c. Name of Firm: d. No. of Years: With this Firm With other Firms e. Education: Degree(s)/Year/Specialization: f. Active Registration, if any: No. , State(s) .
First Year/ Current Year / g. Describe Your Specific Experience and Qualifications Relevant to this Contract: ATTACHMENT E
LETTER OF COMMITMENT FOR KEY PERSONNEL
TO: Contracting Officer SUBJECT: Letter of Commitment for Proposed Contract for ____________________ Dear Sir or Madam: I hereby make the unequivocal commitment that, in the event of an award of a contract to (Fill in name of proposer), that I will fulfill the duty of (Job Title).
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Sincerely, (prospective employee signs) Date: __________ ATTACHMENT F
LETTER OF COMMITMENT OF KEY SUBCONTRACTOR
(USE SUBCONTRATOR’S COMPANY LETTERHEAD) TO: Contracting Officer SUBJECT: Letter of Commitment for Proposed Contract for ____________________ Dear Sir or Madam: I hereby make the unequivocal commitment that, in the event of an award of a contract to (Fill in name of Proposer), that (insert name of firm) will fulfill the duties of (state role on a project). I also hereby give consent to the Government to share past performance information about (insert name of firm) that is relevant to this solicitation with (Fill in name of Proposer). Sincerely, (Authorized Subcontractor Official) Date: __________ ATTACHMENT G
SAMPLE TASK ORDER WAGE DETERMINATIONS
WD 15-5260 (Rev.-3) was first posted on www.wdol.gov on 08/08/2017 ************************************************************************************ REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION By direction of the Secretary of Labor | WAGE AND HOUR DIVISION | WASHINGTON D.C. 20210 | | | | Wage Determination No.: 2015-5260 Daniel W. Simms Division of | Revision No.: 3 Director Wage Determinations| Date Of Revision: 08/03/2017
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_______________________________________|____________________________________________ Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. ____________________________________________________________________________________ State: Texas Area: Texas Counties of Goliad, Victoria ____________________________________________________________________________________ **Fringe Benefits Required Follow the Occupational Listing** OCCUPATION CODE - TITLE FOOTNOTE RATE 01000 - Administrative Support and Clerical Occupations 01011 - Accounting Clerk I 13.48 01012 - Accounting Clerk II 15.13 01013 - Accounting Clerk III 16.93 01020 - Administrative Assistant 22.83 01035 - Court Reporter 16.11 01041 - Customer Service Representative I 10.79 01042 - Customer Service Representative II 12.13 01043 - Customer Service Representative III 13.24 01051 - Data Entry Operator I 12.35 01052 - Data Entry Operator II 14.16 01060 - Dispatcher, Motor Vehicle 18.85 01070 - Document Preparation Clerk 12.24 01090 - Duplicating Machine Operator 12.24 01111 - General Clerk I 12.31 01112 - General Clerk II 13.44 01113 - General Clerk III 15.09 01120 - Housing Referral Assistant 18.25 01141 - Messenger Courier 10.32 01191 - Order Clerk I 12.62 01192 - Order Clerk II 14.48 01261 - Personnel Assistant (Employment) I 15.03 01262 - Personnel Assistant (Employment) II 16.81 01263 - Personnel Assistant (Employment) III 18.75 01270 - Production Control Clerk 22.73 01290 - Rental Clerk 13.27 01300 - Scheduler, Maintenance 14.51 01311 - Secretary I 14.51 01312 - Secretary II 16.37 01313 - Secretary III 18.25 01320 - Service Order Dispatcher 17.92 01410 - Supply Technician 22.83 01420 - Survey Worker 15.95 01460 - Switchboard Operator/Receptionist 12.02 01531 - Travel Clerk I 11.32 01532 - Travel Clerk II 12.46 01533 - Travel Clerk III 13.37 01611 - Word Processor I 12.31 01612 - Word Processor II 13.81 01613 - Word Processor III 15.45 05000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 20.03 05010 - Automotive Electrician 17.53 05040 - Automotive Glass Installer 16.74
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05070 - Automotive Worker 16.74 05110 - Mobile Equipment Servicer 15.29 05130 - Motor Equipment Metal Mechanic 18.32 05160 - Motor Equipment Metal Worker 16.74 05190 - Motor Vehicle Mechanic 18.32 05220 - Motor Vehicle Mechanic Helper 14.51 05250 - Motor Vehicle Upholstery Worker 16.01 05280 - Motor Vehicle Wrecker 16.74 05310 - Painter, Automotive 17.53 05340 - Radiator Repair Specialist 16.74 05370 - Tire Repairer 14.77 05400 - Transmission Repair Specialist 18.32 07000 - Food Preparation and Service Occupations 07010 - Baker 11.14 07041 - Cook I 9.70 07042 - Cook II 10.85 07070 - Dishwasher 9.07 07130 - Food Service Worker 10.35 07210 - Meat Cutter 12.89 07260 - Waiter/Waitress 8.78 09000 - Furniture Maintenance and Repair Occupations 09010 - Electrostatic Spray Painter 18.32 09040 - Furniture Handler 14.04 09080 - Furniture Refinisher 18.32 09090 - Furniture Refinisher Helper 16.66 09110 - Furniture Repairer, Minor 18.46 09130 - Upholsterer 19.47 11000 - General Services and Support Occupations 11030 - Cleaner, Vehicles 10.50 11060 - Elevator Operator 10.50 11090 - Gardener 14.25 11122 - Housekeeping Aide 9.67 11150 - Janitor 9.67 11210 - Laborer, Grounds Maintenance 11.24 11240 - Maid or Houseman 8.74 11260 - Pruner 10.18 11270 - Tractor Operator 13.34 11330 - Trail Maintenance Worker 11.24 11360 - Window Cleaner 10.67 12000 - Health Occupations 12010 - Ambulance Driver 19.58 12011 - Breath Alcohol Technician 18.62 12012 - Certified Occupational Therapist Assistant 27.56 12015 - Certified Physical Therapist Assistant 28.00 12020 - Dental Assistant 15.35 12025 - Dental Hygienist 30.45 12030 - EKG Technician 24.43 12035 - Electroneurodiagnostic Technologist 24.43 12040 - Emergency Medical Technician 19.58 12071 - Licensed Practical Nurse I 15.14 12072 - Licensed Practical Nurse II 16.93 12073 - Licensed Practical Nurse III 18.88 12100 - Medical Assistant 13.27 12130 - Medical Laboratory Technician 16.58 12160 - Medical Record Clerk 13.86 12190 - Medical Record Technician 16.14 12195 - Medical Transcriptionist 14.41 12210 - Nuclear Medicine Technologist 31.20 12221 - Nursing Assistant I 10.45 12222 - Nursing Assistant II 11.75 12223 - Nursing Assistant III 12.82 12224 - Nursing Assistant IV 14.40
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12235 - Optical Dispenser 14.65 12236 - Optical Technician 13.63 12250 - Pharmacy Technician 14.93 12280 - Phlebotomist 13.94 12305 - Radiologic Technologist 24.43 12311 - Registered Nurse I 25.83 12312 - Registered Nurse II 31.60 12313 - Registered Nurse II, Specialist 31.60 12314 - Registered Nurse III 38.23 12315 - Registered Nurse III, Anesthetist 38.23 12316 - Registered Nurse IV 45.82 12317 - Scheduler (Drug and Alcohol Testing) 24.26 12320 - Substance Abuse Treatment Counselor 19.97 13000 - Information and Arts Occupations 13011 - Exhibits Specialist I 17.18 13012 - Exhibits Specialist II 21.28 13013 - Exhibits Specialist III 26.04 13041 - Illustrator I 17.18 13042 - Illustrator II 21.28 13043 - Illustrator III 26.04 13047 - Librarian 23.57 13050 - Library Aide/Clerk 11.03 13054 - Library Information Technology Systems 21.28 Administrator 13058 - Library Technician 15.14 13061 - Media Specialist I 15.36 13062 - Media Specialist II 17.18 13063 - Media Specialist III 19.15 13071 - Photographer I 15.36 13072 - Photographer II 17.18 13073 - Photographer III 21.28 13074 - Photographer IV 26.04 13075 - Photographer V 31.50 13090 - Technical Order Library Clerk 15.74 13110 - Video Teleconference Technician 15.36 14000 - Information Technology Occupations 14041 - Computer Operator I 14.77 14042 - Computer Operator II 16.52 14043 - Computer Operator III 18.43 14044 - Computer Operator IV 20.48 14045 - Computer Operator V 22.67 14071 - Computer Programmer I (see 1) 21.52 14072 - Computer Programmer II (see 1) 26.05 14073 - Computer Programmer III (see 1) 14074 - Computer Programmer IV (see 1) 14101 - Computer Systems Analyst I (see 1) 26.75 14102 - Computer Systems Analyst II (see 1) 14103 - Computer Systems Analyst III (see 1) 14150 - Peripheral Equipment Operator 14.77 14160 - Personal Computer Support Technician 20.48 14170 - System Support Specialist 22.67 15000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 27.65 15020 - Aircrew Training Devices Instructor (Rated) 33.46 15030 - Air Crew Training Devices Instructor (Pilot) 39.29 15050 - Computer Based Training Specialist / Instructor 27.65 15060 - Educational Technologist 26.91 15070 - Flight Instructor (Pilot) 39.29 15080 - Graphic Artist 23.06 15085 - Maintenance Test Pilot, Fixed, Jet/Prop 38.41 15086 - Maintenance Test Pilot, Rotary Wing 38.41 15088 - Non-Maintenance Test/Co-Pilot 38.41
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15090 - Technical Instructor 18.85 15095 - Technical Instructor/Course Developer 23.06 15110 - Test Proctor 15.22 15120 - Tutor 15.22 16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 8.65 16030 - Counter Attendant 8.65 16040 - Dry Cleaner 10.16 16070 - Finisher, Flatwork, Machine 8.65 16090 - Presser, Hand 8.65 16110 - Presser, Machine, Dry-cleaning 8.65 16130 - Presser, Machine, Shirts 8.65 16160 - Presser, Machine, Wearing Apparel, Laundry 8.65 16190 - Sewing Machine Operator 10.68 16220 - Tailor 11.24 16250 - Washer, Machine 9.07 19000 - Machine Tool Operation and Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 20.93 19040 - Tool and Die Maker 24.77 21000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 13.66 21030 - Material Coordinator 23.55 21040 - Material Expediter 23.55 21050 - Material Handling Laborer 12.19 21071 - Order Filler 11.72 21080 - Production Line Worker (Food Processing) 13.66 21110 - Shipping Packer 13.44 21130 - Shipping/Receiving Clerk 13.44 21140 - Store Worker I 14.19 21150 - Stock Clerk 19.16 21210 - Tools and Parts Attendant 13.66 21410 - Warehouse Specialist 13.66 23000 - Mechanics and Maintenance and Repair Occupations 23010 - Aerospace Structural Welder 25.10 23019 - Aircraft Logs and Records Technician 21.17 23021 - Aircraft Mechanic I 24.06 23022 - Aircraft Mechanic II 25.10 23023 - Aircraft Mechanic III 26.15 23040 - Aircraft Mechanic Helper 19.17 23050 - Aircraft, Painter 20.93 23060 - Aircraft Servicer 21.17 23070 - Aircraft Survival Flight Equipment Technician 20.93 23080 - Aircraft Worker 22.11 23091 - Aircrew Life Support Equipment (ALSE) Mechanic 22.11 I 23092 - Aircrew Life Support Equipment (ALSE) Mechanic 24.06 II 23110 - Appliance Mechanic 20.93 23120 - Bicycle Repairer 16.16 23125 - Cable Splicer 23.08 23130 - Carpenter, Maintenance 17.36 23140 - Carpet Layer 19.90 23160 - Electrician, Maintenance 19.38 23181 - Electronics Technician Maintenance I 25.00 23182 - Electronics Technician Maintenance II 27.19 23183 - Electronics Technician Maintenance III 28.42 23260 - Fabric Worker 18.83 23290 - Fire Alarm System Mechanic 20.98 23310 - Fire Extinguisher Repairer 17.80 23311 - Fuel Distribution System Mechanic 24.91 23312 - Fuel Distribution System Operator 20.32 23370 - General Maintenance Worker 14.41
27102 - Guard II 13.78 27131 - Police Officer I 23.49 27132 - Police Officer II 26.10 28000 - Recreation Occupations 28041 - Carnival Equipment Operator 12.34 28042 - Carnival Equipment Repairer 12.85 28043 - Carnival Worker 10.10 28210 - Gate Attendant/Gate Tender 13.09 28310 - Lifeguard 11.66 28350 - Park Attendant (Aide) 14.64 28510 - Recreation Aide/Health Facility Attendant 10.68 28515 - Recreation Specialist 18.13 28630 - Sports Official 11.66 28690 - Swimming Pool Operator 16.28 29000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker and Bracer 19.90 29020 - Hatch Tender 19.90 29030 - Line Handler 19.90 29041 - Stevedore I 18.83 29042 - Stevedore II 20.93 30000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 37.52 30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 25.87 30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 28.49 30021 - Archeological Technician I 18.17 30022 - Archeological Technician II 20.32 30023 - Archeological Technician III 25.17 30030 - Cartographic Technician 25.17 30040 - Civil Engineering Technician 22.71 30051 - Cryogenic Technician I 21.59 30052 - Cryogenic Technician II 23.85 30061 - Drafter/CAD Operator I 18.17 30062 - Drafter/CAD Operator II 20.32 30063 - Drafter/CAD Operator III 22.67 30064 - Drafter/CAD Operator IV 27.89 30081 - Engineering Technician I 15.64 30082 - Engineering Technician II 17.56 30083 - Engineering Technician III 19.64 30084 - Engineering Technician IV 24.33 30085 - Engineering Technician V 31.55 30086 - Engineering Technician VI 36.00 30090 - Environmental Technician 22.96 30095 - Evidence Control Specialist 19.49 30210 - Laboratory Technician 19.91 30221 - Latent Fingerprint Technician I 21.59 30222 - Latent Fingerprint Technician II 23.85 30240 - Mathematical Technician 25.17 30361 - Paralegal/Legal Assistant I 17.64 30362 - Paralegal/Legal Assistant II 21.86 30363 - Paralegal/Legal Assistant III 26.74 30364 - Paralegal/Legal Assistant IV 32.35 30375 - Petroleum Supply Specialist 23.85 30390 - Photo-Optics Technician 24.33 30395 - Radiation Control Technician 23.85 30461 - Technical Writer I 25.17 30462 - Technical Writer II 30.80 30463 - Technical Writer III 37.26 30491 - Unexploded Ordnance (UXO) Technician I 23.85 30492 - Unexploded Ordnance (UXO) Technician II 28.85 30493 - Unexploded Ordnance (UXO) Technician III 34.58 30494 - Unexploded (UXO) Safety Escort 23.85 30495 - Unexploded (UXO) Sweep Personnel 23.85
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30501 - Weather Forecaster I 27.89 30502 - Weather Forecaster II 33.92 30620 - Weather Observer, Combined Upper Air or (see 2) 22.67 Surface Programs 30621 - Weather Observer, Senior (see 2) 24.33 31000 - Transportation/Mobile Equipment Operation Occupations 31010 - Airplane Pilot 28.85 31020 - Bus Aide 12.87 31030 - Bus Driver 17.25 31043 - Driver Courier 11.98 31260 - Parking and Lot Attendant 10.78 31290 - Shuttle Bus Driver 12.80 31310 - Taxi Driver 11.23 31361 - Truck driver, Light 12.80 31362 - Truck driver, Medium 15.17 31363 - Truck driver, Heavy 18.24 31364 - Truck driver, Tractor-Trailer 18.24 99000 - Miscellaneous Occupations 99020 - Cabin Safety Specialist 14.07 99030 - Cashier 9.37 99050 - Desk Clerk 9.77 99095 - Embalmer 23.85 99130 - Flight Follower 23.85 99251 - Laboratory Animal Caretaker I 11.39 99252 - Laboratory Animal Caretaker II 11.96 99260 - Marketing Analyst 23.85 99310 - Mortician 23.85 99410 - Pest Controller 18.59 99510 - Photofinishing Worker 12.53 99710 - Recycling Laborer 17.33 99711 - Recycling Specialist 20.58 99730 - Refuse Collector 15.70 99810 - Sales Clerk 10.96 99820 - School Crossing Guard 12.05 99830 - Survey Party Chief 20.52 99831 - Surveying Aide 13.79 99832 - Surveying Technician 16.97 99840 - Vending Machine Attendant 13.09 99841 - Vending Machine Repairer 15.13 99842 - Vending Machine Repairer Helper 13.09 ____________________________________________________________________________________ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors, applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is the victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS: HEALTH & WELFARE: Life, accident, and health insurance plans, sick leave, pension
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plans, civic and personal leave, severance pay, and savings and thrift plans. Minimum employer contributions costing an average of $4.41 per hour computed on the basis of all hours worked by service employees employed on the contract. HEALTH & WELFARE EO 13706: Minimum employer contributions costing an average of $4. 13 per hour computed on the basis of all hours worked by service employees employed on the covered contracts. VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; and 3 weeks after 8 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173) HOLIDAYS: A minimum of ten paid holidays per year: New Year's Day, Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174) THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING: 1) COMPUTER EMPLOYEES: Under the SCA at section 8(b), this wage determination does not apply to any employee who individually qualifies as a bona fide executive, administrative, or professional employee as defined in 29 C.F.R. Part 541. Because most Computer System Analysts and Computer Programmers who are compensated at a rate not less than $27.63 (or on a salary or fee basis at a rate not less than $455 per week) an hour would likely qualify as exempt computer professionals, (29 C.F.R. 541. 400) wage rates may not be listed on this wage determination for all occupations within those job families. In addition, because this wage determination may not list a wage rate for some or all occupations within those job families if the survey data indicates that the prevailing wage rate for the occupation equals or exceeds $27.63 per hour conformances may be necessary for certain nonexempt employees. For example, if an individual employee is nonexempt but nevertheless performs duties within the scope of one of the Computer Systems Analyst or Computer Programmer occupations for which this wage determination does not specify an SCA wage rate, then the wage rate for that employee must be conformed in accordance with the conformance procedures described in the conformance note included on this wage determination. Additionally, because job titles vary widely and change quickly in the computer industry, job titles are not determinative of the application of the computer professional exemption. Therefore, the exemption applies only to computer employees who satisfy the compensation requirements and whose primary duty consists of: (1) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications; (2) The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications; (3) The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or (4) A combination of the aforementioned duties, the performance of which requires the same level of skills. (29 C.F.R. 541.400). 2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you work at night as part of a regular tour of duty, you will earn a night differential and receive an additional 10% of basic pay for any hours worked between 6pm and 6am. If you are a full-time employed (40 hours a week) and Sunday is part of your regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday
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premium of 25% of your basic rate for each hour of Sunday work which is not overtime (i.e. occasional work on Sunday outside the normal tour of duty is considered overtime work). ** HAZARDOUS PAY DIFFERENTIAL ** An 8 percent differential is applicable to employees employed in a position that represents a high degree of hazard when working with or in close proximity to ordnance, explosives, and incendiary materials. This includes work such as screening, blending, dying, mixing, and pressing of sensitive ordnance, explosives, and pyrotechnic compositions such as lead aside, black powder and photoflash powder. All dry-house activities involving propellants or explosives. Demilitarization, modification, renovation, demolition, and maintenance operations on sensitive ordnance, explosives and incendiary materials. All operations involving re-grading and cleaning of artillery ranges. A 4 percent differential is applicable to employees employed in a position that represents a low degree of hazard when working with, or in close proximity to ordnance, (or employees possibly adjacent to) explosives and incendiary materials which involves potential injury such as laceration of hands, face, or arms of the employee engaged in the operation, irritation of the skin, minor burns and the like; minimal damage to immediate or adjacent work area or equipment being used. All operations involving, unloading, storage, and hauling of ordnance, explosive, and incendiary ordnance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for ordnance, explosives, and incendiary material differential pay. ** UNIFORM ALLOWANCE ** If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance: The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs. ** SERVICE CONTRACT ACT DIRECTORY OF OCCUPATIONS ** The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition (Revision 1), dated September 2015, unless otherwise indicated. ** REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE, Standard Form 1444 (SF-1444) **
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Conformance Process: The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination (See 29 CFR 4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees (See 29 CFR 4.6(b)(2)(ii)). The Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be paid to all employees performing in the classification from the first day of work on which contract work is performed by them in the classification. Failure to pay such unlisted employees the compensation agreed upon by the interested parties and/or fully determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Act and this contract. (See 29 CFR 4.6(b)(2)(v)). When multiple wage determinations are included in a contract, a separate SF-1444 should be prepared for each wage determination to which a class(es) is to be conformed. The process for preparing a conformance request is as follows: 1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s). 2) After contract award, the contractor prepares a written report listing in order the proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work. 3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the U.S. Department of Labor, Wage and Hour Division, for review (See 29 CFR 4.6(b)(2)(ii)). 4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request. 5) The contracting officer transmits the Wage and Hour Division's decision to the contractor. 6) Each affected employee shall be furnished by the contractor with a written copy of such determination or it shall be posted as a part of the wage determination (See 29 CFR 4.6(b)(2)(iii)). Information required by the Regulations must be submitted on SF-1444 or bond paper. When preparing a conformance request, the "Service Contract Act Directory of Occupations" should be used to compare job definitions to ensure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination (See 29 CFR 4.152(c)(1)).
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ATTACHMENT H SCHEDULE B WORKSHEETS - HNC is provided in an excel spreadsheet separately. ATTACHMENT I SAMPLE TASK ORDER PRICING WORKSHEETS - HNC is provided in an excel spreadsheet separately. EXHIBIT 1 HNC – DATA ITEM DESCRIPTIONS are provided in an adobe document separately. EXHIBIT 2
PERFORMANCE REQUIREMENTS SUMMARY
Contract Level Objectives Performance Standard Acceptance Criteria Measurement/
Monitoring Method Incentive/Disincentives For Meeting or Not Meeting the Acceptable Quality Level
Quality of Product or Service Client satisfaction Client satisfaction and
quality 80% of comments express overall satisfaction
Feedback may be obtained via CEHNC customer satisfaction survey
A Contractor not receiving satisfactory appraisals may be in danger of not having its option period exercised, adverse past performance report
Quality Performance Over All Task Orders Awarded
Quality performance IAW contract PWS and Task order PWS.
80% of all final deliverables received are accepted within 2 submissions
Feedback may be obtained via CEHNC customer satisfaction survey, COR records
A Contractor not receiving satisfactory appraisals may be in danger of not having its option period exercised, adverse past performance report
Project Management Key Personnel Management of Key
Personnel Contractor submits 100% of all key personnel changes to the KO for approval before changes made at the Contract and/or Task Order level. Key personnel are not routinely changed (more than 2 times) on one
COR Surveillance The contractor may be in danger of not having its option period exercised due, adverse past performance report
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Objectives Performance Standard Acceptance Criteria Measurement/ Monitoring Method
Incentive/Disincentives For Meeting or Not Meeting the Acceptable Quality Level
or more projects (or more than 3 times for key personnel overseeing base contract requirements over the life of the contract.
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Task Order Level – The performance requirements in this summary will be included in every task order. Other performance requirements may be included with the task order as appropriate for the particular project.
Monitoring Method Incentive/Disincentives For Meeting or Not Meeting the Acceptable Quality Level
Quality of Product or Service Safety Maintain high safety
standards Zero Class A Safety violations where the contractor is determined at fault.
Submission of accident reports, adverse safety inspection reports, and similar documents.
Issuance of a cure notice and possible termination of task order or contract for continuous or uncorrected safety violations. Adverse past performance reports. The contractor may be in danger of not having its option period exercised.
Performance Compliance with PWS and referenced applicable regulations
No more than 5 CARs received by the contractor within a given task order
Submission of CARs, failure to deliver acceptable product or service in accordance with Performance-Based Milestones/Objectives.
Issuance of a cure notice and possible termination of task order or contract for continuous or uncorrected performance deficiencies, or for failure to complete Performance-Based Milestones/Objectives. Adverse past performance reports. The contractor may be in danger of not having its option period exercised,
EXHIBIT 3
QUALITY ASSURANCE SURVEILLANCE PLAN FOR MILITARY MUNITIONS RESPONSE AND
ENVIRONMENTAL REMEDIATION SERVICES
INTRODUCTION This Quality Assurance Surveillance Plan (QASP) is a general discussion of Quality Assurance (QA) Surveillance that may be performed in each Task Order. A working QASP will be created for each Task Order under this contract. The QASP is designed to provide an effective surveillance method of monitoring contractor performance for each listed objective in the services contract. This QASP is based on the premise that the government desires to maintain a quality standard in Military Munitions Response Program (MMRP) responses involving conventional munitions, Chemical Warfare Materiel (CWM); Biological Waste and Biological Warfare Materiel (BWM); Rapid Response Services; Environmental Compliance and Remediation Services (ECRS); and Other Munitions-Related Services (OMRS) located in the United States, including Alaska and Hawaii, the U.S. territories, Outlying areas as defined by FAR 2.101, and Territorial waters.
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The contractor, not the government, is responsible for management and quality control actions to meet the terms of the contract. The role of the government is quality assurance to ensure contract standards are achieved. In the contract, the quality control program is the driver for product quality. The contractor is required to develop a comprehensive program of inspections and monitoring actions. The first major step to ensuring a “self-correcting” contract is to ensure that the quality control program accepted at the beginning of the contract provides the measures needed to lead the contractor to success. Once the quality control program is accepted, careful application of the process and standards presented in the remainder of this document will ensure a robust quality assurance program. The oversight provided for in the contract and in this plan shall ensure service levels reach and maintain the required levels throughout the contract term. The Task Order QASP shall provide the Contracting Officer, or their designated representative, with a proactive way to avoid unacceptable or deficient performance, and provide verifiable input for the required annual past performance evaluations.
RESPONSIBILITIES The Government resources shall have responsibilities for the implementation of this QASP as follows: Contracting Officer – The Contracting Officer ensures performance of all necessary actions for effective contracting, ensures compliance with the terms of the contract and safeguards the interests of the United States in the contractual relationship. It is the Contracting Officer that assures the Contractor receives impartial, fair, and equitable treatment under the contract. The Contracting Officer is ultimately responsible for the final determination of the adequacy of the Contractor’s performance. Project Manager - The Project Manager is responsible for overall project direction, including technical, contracting and customer-related issues and assures proper Government surveillance of the Contractor’s performance. The Project Manager is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf. Any changes that the Contractor deems may affect contract, price, terms, or conditions shall be referred to the Contracting Officer for action. Project Team – The project team may include but is not limited to the Technical Manager, Chemist, Geophysicist, and Safety Specialist. The Project Team will provide detailed technical oversight of the Contractor’s performance and reports his or her findings to the Project Manager in a timely, complete and impartial fashion to support the Project Manager’s technical administration activities. While the Project Team may serve as a direct conduit to provide Government guidance and feedback to the Contractor on technical matters, he or she is not empowered to make any contractual commitments or to authorize any contractual changes on the
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Government’s behalf. Any changes that the Contractor deems may affect contract, price, terms, or conditions shall be referred to the Contracting Officer for action. METHODS OF QA SURVEILLANCE The following list provides methods of surveillance that may be used in the administration of this contract. In addition to specific instructions that may be mentioned, the appropriate and standardized form that is to be used for documentation of QA surveillance may include but is not limited to the Quality Assurance Surveillance Table and the Surveillance Activity Check list prepared on a Task Order basis. Customer Feedback – Customer feedback may be obtained either from the results of formal customer satisfaction surveys or from random customer complaints. Customer complaints, to be considered valid, must set forth clearly and in writing the detailed nature of the complaint, must be signed and must be forwarded to the Project Manager. The Project Manager shall maintain a summary log of all formally received customer complaints as well as a copy of each complaint in a documentation file. The Project Manager shall also keep the tabulated results of all customer satisfaction surveys on file and shall enter the summary results into the Contractor Performance Assessment Reporting System (CPARS). 100% Inspection - This level of inspection shall be accomplished by monitoring and documentation. The Project Manager, or if so designated the appropriate Technical Monitor, shall review the generated documentation and enter summary results into the CPARS at the mid-point and the end of each task. Periodic Inspection - Periodic inspections shall be conducted if and when specified in individual task orders in the Quality Assurance Surveillance Table or as shown in the Performance Response Summary (PRS). For the potential tasks that have been identified so far and included in this QASP, the appropriate Technical Monitor typically performs the periodic inspection on a daily, weekly or monthly basis. Random Monitoring - Random monitoring shall be conducted if and when specified in individual task orders. For the potential tasks that have been identified so far and included in this QASP, the random monitoring shall be performed by the Project Manager or by the appropriate designated Project Team member. IDENTIFIED QA SURVEILLANCE TASKS The Performance-Based Service Contract surveillance tasks are identified within the QASP for each Task Order. General Performance Metrics are provided in Section C, Chapter 17.0. Specific Performance Metrics will be provided by Task Order. STANDARD: The performance thresholds established for each of the performance objectives are the number of defects permitted before the contracting officer’s representative (COR) notifies the contracting officer for appropriate action in accordance with 52.246-5 Inspection of Services - Cost or FAR 52.246-4, Inspection of Services – Fixed Price, as appropriate.
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EXHIBIT 4
PROFIT/FEE CALCULATION WORKSHEET General Information This guideline is for reference only. A. Project Description. Include a brief description of the Task Order. Include estimated
total Task Order Cost and Duration. B. Location. Include a description of the location and conditions at the location (active
range, temperature or weather conditions at the site, where it is exactly). Include the complete address of the site to include the Installation, Street, City, State, County, and 9 Digit Zip Code.
C. Management Services Required. Include a brief description of the services expected to be provided by the prime contractor’s on-site management. Include a description of the amount of subcontracting expected or allowed.
D. Work Performed by Others. Describe the services or work to be furnished or performed by others such as design by architect-engineers or Government-Furnished Property/Equipment.
Weighted Factor Evaluation and Profit/Fee Calculation. Use the Table Below for developing the appropriate Profit/Fee for each Task Order and individual task if under a Hybrid Task Order.
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CONTRACT NUMBER:TASK ORDER NUMBER:MODIFICATION NUMBER:TASK NUMBER & TITLE:
WEIGHTED FACTORS FOR PROFIT/FEE OBJECTIVE COMPUTATION This weighted guideline is to assist the Offeror in developing profit/fee calculations. Calculation Worksheet – The contractor will prepare a Fee or Profit proposal as necessary for each task order or sub-task using the worksheet provided in Section J as Technical Exhibit 4 and the information provided in the task order request for proposal. Fee or Profit will be calculated in accordance with the procedures described below. Management Effort. This factor includes consideration of five (5) elements or services to be provided. These elements are assigned percentages and rated according to the Task Order complexity. The total of these percentages is a multiplier to the Management Effort weight of 35%.
a. Site Supervision. Rate proportionately from 0.02 – 0.10. Projects requiring a low degree of supervision will be rated lower than intensely supervised project. Average project will receive a 0.06. b. Subcontracting. Rate proportionately from 0.02 – 0.10. Task Orders which include subcontracts greater than 60% of the Task Order total cost shall be weighted below 0.06. While projects with subcontracts total costs lower than 60% will be rated above 0.06. (i.e. 90% subcontracting would be rated near 0.02; 10% subcontracting would be rated near 0.10). c. Project Planning and Estimating. Rate proportionately from 0.02 – 0.10. Projects requiring the prime contractor to conduct the majority of the planning will be weighted above 0.06, while projects with greater subcontractor planning (i.e. earthwork projects –
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dig and haul, landfill caps, etc.) will receive weights below 0.06. The average project will receive 0.06. d. Common Services. Rate proportionately from 0.02 – 0.10. Projects where the prime contractor provides a majority of the common services for the project (i.e., security services, warehousing, common utilities, mobilization facilities, life support, etc.) will be rated higher than those where the majority are provided from other sources. The average project will receive a 0.06. e. Project Participants. Rate proportionately from 0.02 – 0.10. Weights depend upon involvement by the following: Regulatory Agencies, other Architect-Engineers, Operating Contractors, Using Agencies, and assistance by the Prime Contractor’s home office (backup resources). Project with intense USACE support/decision making will be rated lower. Projects with extensive outside influence (i.e., regulatory requirement, mandated agreements, etc.) will receive a higher rating. The average project will receive a 0.06.
Nature of Work. The nature of the work will be weighted with an absolute value. Remedial Investigations/Feasibility Studies efforts such as investigations, studies, and planning will receive 0.10. Remedial action or response projects will be weighted at 0.02. Separate Profit/Fee calculations will be developed if both investigation and remedial actions are in the same Task Order. Complexity. The different weights of Task Order complexity range proportionately over four (4) categories.
a. Maximum Complexity – Weight 0.08 – 0.10. Task Orders for toxic wastes requiring Level A protection, requiring multiple disciplines or technologies, extensive unknowns, working in a hazardous or dangerous location such as a war zone, all operations involving first-of-a-kind processes and state-of-the-art controls, instrumentation, and technology. RI/FS efforts would typically include drilling an investigation well in a highly toxic environment, performing intrusive investigations where chemical or biological warfare munitions are suspected, or project with multiple phases of complicated interrelated designs or products. b. Normal Complexity – Weight 0.06 – 0.08. Task Orders for normal hazardous waste sites requiring Level B protection or extensive Level C protection, gas cylinders, on-site mobile laboratories, installing water treatment plants or landfill caps, all operations involving normal technology, controls and instrumentation for the type of work, conventional UXO, MEC or MC removal actions on known or well characterized sites/ranges. RI/FS efforts would typically include normal investigation efforts were projects are typical projects within the industry. c. Below Normal Complexity – Weight 0.04 – 0.05. Task Orders require minimal use of Level C protection, excavations, underground storage tank removals, operation and maintenance of water treatment facilities, work or activities that require little creative or
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professional requirements (i.e., common services – construction oversight, installing institutional controls such as fences and signage, etc.). d. Minimal Complexity – Weight 0.02 – 0.04. No potential exposure to any hazardous wastes or explosives. Services would include using an existing work plan or well defined procedures to complete a task (i.e., basic air, soil or groundwater sampling, work plan, safety plan, geophysical prove-out area development).
Combined Classification – In cases where the Task Order includes efforts in more than one category, a combined classification will be computed for the entire Task Order by estimating the percentage of effort in each category and total overall. Task Order Cost. A Task Order with a total cost of $1,000,000 dollars or less is weighted between 0.08 – 0.10. Task Orders with total cost ranging between $1,000,000 and $5,000,000 dollars is proportionally weighted from 0.06 – 0.08. Task Orders exceeding $5,000,000 is weighted between 0.02 – 0.06. Schedule. Rate proportionately from 0.02 – 0.10. Task Orders for projects requiring rapid mobilization and completion, time-critical removal actions, closures driven by regulatory constraints and/or environmental constraints are weighted at 0.10. Other Task Orders are weighted proportionately in accordance with considered factors with those without time constraints. The average project will receive 0.06. Location. The different weights are applied proportionately from 0.02 – 0.10. Task Order with extremely constrained sites, in remote or hazardous locations, or in climates having the extremes of hot or cold are weighted at 0.10. Work conducted in locations with no adverse conditions should be weighted at 0.02. The average project will receive 0.06. Risk. Rate proportionately from 0.02 – 0.10. Task Orders for projects under FFP efforts where the risk is higher should be weighted between 0.07 – 0.10. Development of plans, reports, or other text documents will be rated lower than field work efforts performed under a FFP Task Order. For projects under CPFF efforts where the risk on the Contractor is inherently lower, the weighting will be between 0.06 – 0.02.
EXHIBIT 5 CONTRACT DATA REQUIREMENTS LIST (3 attachments) are provided in adobe documents separately. EXHIBIT 6
KEY SUBCONTRACTORS AND KEY PERSONNEL
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Key Subcontractors: (The Contractor shall list its key subcontractors and their proposed functions) Key Personnel: (The Contractor shall list its key personnel and their job titles)
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Section K - Representations, Certifications and Other Statements of Offerors CLAUSES INCORPORATED BY REFERENCE 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-19 Incorporation by Reference of Representations and
Certifications. DEC 2014
52.215-16 Facilities Capital Cost of Money JUN 2003 52.215-20 Requirements for Certified Cost or Pricing Data or
Information Other Than Certified Cost or Pricing Data OCT 2010
52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation FEB 1999 52.222-46 Evaluation Of Compensation For Professional Employees FEB 1993 52.232-13 Notice Of Progress Payments APR 1984 52.232-28 Invitation to Propose Performance-Based Payments MAR 2000 52.237-10 Identification of Uncompensated Overtime MAR 2015 252.227-7016 Rights in Bid or Proposal Information JAN 2011 252.227-7017 Identification and Assertion of Use, Release, or Disclosure
Restrictions JAN 2011
CLAUSES INCORPORATED BY FULL TEXT 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (APR 2016) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 562910 Environmental Remediation. (2) The small business size standard is 750 employees. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies. (2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes: ( ) Paragraph (d) applies. ( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
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(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(v) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.
(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(vii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(viii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(ix) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(x) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(xi) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
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(xiv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xvi) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xvii) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xviii) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.
(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.
(xix) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xx) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xxi) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.
(xxii) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
X (i) 52.204-17, Ownership or Control of Offeror.
(ii) 52.204-20, Predecessor of Offeror.
(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.
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(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.
(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).
(vii) 52.227-6, Royalty Information.
(A) Basic.
(B) Alternate I.
(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. ------------------------------------------------------------------------ FAR Clause Title Date Change ------------------------------------------------------------------------ ------ ---------- ------ ------ ------------------------------------------------------------------------ Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
(End of provision) 52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004) (a) Definitions. As used in this provision-- “Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal. “In writing or written” means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information. “Proposal modification” is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award. “Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.
“Time”, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day. (b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s). (c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision. (2) The first page of the proposal must show-- (i) The solicitation number; (ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available); (iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item; (iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and (v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office. (3) Submission, modification, or revision, of proposals. (i) Offerors are responsible for submitting proposals, and any modifications, or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due. (ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-- (1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or (2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (3) It is the only proposal received. (B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
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(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award. (4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items. (5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation. (6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award. (7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer. (8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer. (d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror). (e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall-- (1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed--in whole or in part--for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of--or in connection with-- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and (2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. (f) Contract award. (1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation. (2) The Government may reject any or all proposals if such action is in the Government's interest.
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(3) The Government may waive informalities and minor irregularities in proposals received. (4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. (5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal. (6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so. (7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government. (8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government. (9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk. (10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party. (11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: (i) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer. (ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (iv) A summary of the rationale for award. (v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror. (vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency. (End of provision)
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52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a Multiple-Award Indefinite Delivery Indefinite Quantity contract resulting from this solicitation. (End of provision) 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014) (a) Definitions. As used in this provision-- Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program. Service-disabled veteran-owned small business concern-- (1) Means a small business concern-- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (b) of this provision. Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that-- (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-- (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition. Veteran-owned small business concern means a small business concern--
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(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. Women-owned small business concern means a small business concern-- (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b)(1) The North American Industry Classification System (NAICS) code for this acquisition is 562910 Environmental Remediation. (2) The small business size standard is 750 employees. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (c) Representations. (1) The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern. (2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (3) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a women-owned small business concern. (4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The offeror represents as part of its offer that-- (i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ --.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (c)(4) of this provision.] The offeror represents as part of its offer that--
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(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ --.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. (6) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern. (7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern. (8) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that-- (i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(8)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ --.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (d) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished. (2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall— (i) Be punished by imposition of fine, imprisonment, or both; (ii) Be subject to administrative remedies, including suspension and debarment; and (iii) Be ineligible for participation in programs conducted under the authority of the Act. (End of provision) 52.233-2 SERVICE OF PROTEST (SEP 2006)
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(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from ______________________. (Contracting Officer designate the official or location where a protest may be served on the Contracting Officer.) (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of provision) 52.237-1 SITE VISIT (APR 1984) Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. (End of provision)
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Section L - Instructions, Conditions and Notices to Bidders INSTRUCTIONS TO OFFERORS PROPOSAL SUBMISSION Copies of the solicitation are available by INTERNET ACCESS ONLY. All solicitation documents will be posted to the FedBizOpps (FBO) website. The website address is www.fedbizopps.gov. All amendments will be posted to FBO. It shall be the contractor’s responsibility to check the websites for any amendments. The Offeror shall submit in the proposal all requested information specified in the solicitation. a. The proposal shall be prepared clearly and concisely to demonstrate the Offeror has a complete understanding of the requirements. Offerors shall prepare proposals on the presumption that the Government has no previous knowledge of the Offeror’s capabilities. Proposals will be evaluated only on the information specifically presented in respective submittals, with the exception of the past performance evaluations. See FAR 52.215-1 for rules concerning submission of offers and late proposals. Proposals will not be returned (except for timely withdrawals), but will be retained by the Government for official record purposes. When applicable, the Offeror should cross reference to the solicitation by annotating solicitation reference in parenthesis, (i.e. Sec C, para 4.0). b. Proposals shall be submitted to: U.S. Army Corps of Engineers, Huntsville Center CEHNC-CT-A, ATTN: Ms. LaShonda Smith 5021 Bradford Drive, Huntsville AL 35805 Hand carried submissions shall be dropped off at the U.S. Army Corps of Engineers, Huntsville Center at 5021 Bradford Drive mailroom by the person delivering the package. The mailroom entrance is located at the back of the building and is clearly marked from the outside. The mailroom personnel will receive the packages, date stamp, x-ray as appropriate and call the person identified on the package. The mailroom hours for bid package deliveries are 0800-1500, Monday-Friday, excluding holidays. Hand carried submissions must be date stamped by the mailroom personnel by the specified proposal due date and time. Facsimile or email transmissions will not be accepted. OFFEROR'S QUESTIONS AND COMMENTS Questions and/or comments relative to these documents shall be submitted no later than 2:00 PM Central Time, 13 October 2017, in order that they may be given adequate consideration or appropriate actions taken prior to receipt of offers. All questions and/or comments must be submitted via Bidder Inquiry. BIDDER INQUIRY
Technical inquiries and questions relating to proposal procedures are to be submitted via Bidder Inquiry in ProjNet at http://www.projnet.org/projnet. To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into system. To self-register go to web page, click BID tab select Bidder Inquiry, select agency USACE, enter Key for this solicitation listed below, and your e-mail address, click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue. From this page, you may view all bidder inquiries or add inquiry. 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. The Solicitation Number is W912DY-16-R-0077 The Bidder Inquiry Key is SXRF79-T59YS2 The Bidder Inquiry System will be closed for new inquiries effective 2:00 PM Central Time, 13 October 2017, in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary. 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. 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. Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals. SMALL BUSINESS SIZE STANDARD/NAICS CODE
(a) The North American Industry Classification System (NAICS) code for this acquisition is 562910, Environmental Remediation Services.
(b) The small business size standard is less than 750 Employees.
(c) It is the Offerors responsibility to ensure that its classification data on the System for
Award Management (SAM) website is correct and current. JOINT VENTURE /MENTOR-PROTÉGÉ PROPOSAL REQUIREMENTS When proposing as a joint venture, all members of the joint venture shall sign the SF 33 unless a written agreement by the joint venture is furnished with the proposal designating one firm with the authority to bind the other member(s) of the joint venture. In addition, a copy of the joint venture agreement shall be submitted with the proposal in Volume IV. Failure to comply with the foregoing requirements may eliminate the proposal from further consideration. If this is an 8(a), HUBZone, or Service-Disabled Veteran-Owned joint venture, the Offeror should ensure that it complies with the applicable requirements of 13 CFR Part 124, 13 CFR Part 125, and 13 CFR Part 126 respectively. When proposing as part of a Mentor-Protégé Agreement, include a copy of the agreement and
the Small Business Administration approval of the agreement in Volume IV. PROPOSAL FORMAT Written materials: 8 ½” x 11” formats, using 12 point or larger font size, single-spaced, in bound volumes, using 3-ring binders. Page Size spreadsheets, table, charts, etc. may be 11” x 17” but count as two pages. Volumes I-II should be submitted in binder 1. Volume III should be submitted in binder 2. Volume IV should each be submitted in binder 3. Files should be set up using the following page setup parameters: Margins: Top, Bottom, Left, Right – 1” Gutter – 0” From Edge – Header, Footer 0.5” Page Size, Width – 8.5” Page Size, Height – 11” Each paragraph should be separated by at least one blank line. Arial or New Times Roman fonts are required. Tables and illustrations may use a reduced font size no less than 10-point and may be landscape. Offerors are strongly discouraged from abusing tables, charts, etc. to incorporate extra content. Such abuse will be evaluated at the sole discretion of the Government, and could impact the overall page count if the Government chooses to extrapolate the content out at a font size of 12. Pages exceeding the allowable page count may be removed from the proposal volumes and will not be evaluated. Headers and footers may be increased to 14 or reduced to 10-font size. The use of hyperlinks in proposals is prohibited. Double-sided printing is preferred. Each bound volume should include the following:
• A cover page that includes the volume number, solicitation number, firm name and address, business size, CAGE code, names and CAGE codes of all key subcontractors and a point of contact for all correspondence related to proposal (include phone number and email address)
• Table of Contents • List of tables/figures • Solicitation number should appear on each page • Volume number and page number should appear in the bottom right corner of each page
(along with the proposal revision number for the amended page, if amended). It is the responsibility of the Offeror to ensure that the compact disk (CD) and all files contained therein are readable, complete, and accessible without password. The digital files shall be provided in a word searchable PDF format. Pricing worksheets shall be submitted in Microsoft Excel, Version 2010 compatible, with formulas accessible. If the electronic copy and hard copy of the proposal differ, the hard copy will govern. Zip disks are not permitted. Each disc should be externally labeled with the volume(s) number(s), date, solicitation number and the Offeror’s
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name. ***Please note – Self-extracting exe files are not acceptable. *** Regarding binder 1, containing Volumes I-II, binder 2, containing Volume III, binder 3, containing Volume IV - the Offeror shall submit one (1) original printed copy of their proposal with two (2) additional copies, for a total of three (3) printed copies. Each binder submitted shall include a CD containing a complete copy of the contents of that respective binder. In addition to the CDs included in each binder, the Offeror shall submit two (2) CDs containing the entire contents of the complete proposal (all volumes). Reference disc labeling instructions above. The Proposal Volumes are as follows: Binder 1 VOLUME I, FACTOR 1: TECHNICAL CAPABILITY AND MANAGEMENT Tab 1 - Technical Capability Tab 2 - Organization/Management
Element 1 - Quality Management/Quality Control Program and Corporate Business Practices Element 2 - Contractor Safety and Health Program Element 3 - Key Personnel and Other Resources Element 4 - Organizational Structure Binder 1 VOLUME II, FACTOR 2: TECHNICAL APPROACH TO THE SAMPLE TASK ORDER Tab 1 - Discussion of Site, Assumptions, and Required Submittals Tab 2 - Staffing Plan Tab 3 - Field Work Tab 4 - Hazards and Safety Identification Tab 5 - Performance Based Milestones and Time Schedule Tab 6 - Basis of Estimate Binder 2 VOLUME III FACTOR 3: PAST PERFORMANCE Tab 1 - Past Performance Project Narratives Tab 2 - Past Performance Questionnaires Binder 3 VOLUME IV, FACTOR 4: PRICE/COST AND OTHER COST RELATED INFORMATION
SECTION I: General Information Tab 1 - SF33 Tab 2 - Representations and Certifications (Section K) Tab 3 - Joint Venture / Mentor-Protégé Agreements and approvals (if applicable) SECTION II: Price/Cost/Cost Related Information Tab 1 - Supplies or Services and Prices/Cost Schedule
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Tab 2 - Supporting Documentation for Rates in Attachment H Tab 3 - Sample Task Order Costs and Basis of Estimate Tab 4 - DCMA ACO Data or Other Equivalent Information
Offerors must be registered in the system for award management (SAM) with their DUNS number under the appropriate NAICS code for this acquisition. To complete this registration, go to the SAM website at https://www.sam.gov. If assistance is needed with SAM registration, contact the SAM helpdesk at https://www.fsd.gov or (866)-606-8220. Proposals must set forth full, accurate, and complete information as required by this solicitation (including exhibits and attachments). The penalty for making false statement in proposals is prescribed in 18 U.S.C. 1001. Offerors should submit their best proposal initially as the Government intends to make awards without discussions (except clarifications, as described in FAR 15.306(a)). The Government reserves the right to conduct discussions, should the Contracting Officer deem it necessary. Page Limitation - Only pages within the respective page limits as follows will be evaluated: Volume I - shall not exceed 34 pages single sided or 17 double sided combined Volume II - shall not exceed 24 pages single sided or 12 doubled sided combined Volume III - shall not exceed 18 pages single sided or 9 doubled sided combined Volume IV - No page limitation NOTE. PROPOSAL COVER; TABLE OF CONTENTS; TITLE PAGE; LIST OF TABLES/FIGURES, OR ACRONYMS; SEPARATOR TABS; CROSS-REFERENCE TO THE SOLICITATION PARAGRAPHS; KEY SUBCONTRACTOR LETTERS OF COMMITMENT; KEY PERSONNEL LETTERS OF COMMITMENT; PPQS AND SUPPORTING PAST PERFORMANCE DOCUMENTS; TEAMING ARRANGEMENT DOCUMENTATION; PROPOSAL DATA FORM; PERSONNEL RÉSUMÉS; OSHA FORMS; SIGNED CERTIFICATION SHEET ON THE SAFETY AND HEALTH PROGRAM; AND VOLUME IV ARE EXCLUDED FROM PAGE COUNT. Offerors should not parrot the Sample Task Order Performance Work Statement (PWS). Offerors should provide discussions in sufficient detail on how they will execute the tasks in the PWS. If it determined that the Offeror is parroting the PWS, this could result in a deficiency. PROPOSAL CONTENT Proposals must be responsive to and comply with the terms of the solicitation in order to be eligible to receive an award. The Government may reject any proposal determined to be deficient or that does not conform to the terms of the solicitation. To be eligible to receive an award, proposals submitted in response to this solicitation shall consist of the contents required in the sub-paragraphs described below:
(a) Volume I – Factor 1 – Technical Capability and Management Tab 1 – Technical Capability The Offeror shall provide a narrative of its team’s [i.e., “team” meaning collectively the prime contractor consisting of a company or cooperation, prime contractor with key subcontractor(s) identified with a signed letter of commitment from the key subcontractor(s) {A key subcontractor is considered any subcontractor that equals 20% or more of the prime contractor.}, or legally-binding partnering companies or corporations, e.g., partnership or joint venture] capability. The narrative should address the team’s capability to perform the following services at diverse locations inside the United States, including Alaska and Hawaii, the U.S. territories, outlying areas as defined by FAR 2.101, and territorial waters:
• Safely locate, identify, recover, evaluate, manage, and make final disposition of Munitions and Explosives of Concern (MEC), and Munitions Constituents (MC) under Military Munitions Response (MMR);
• Safely locate, identify, recover, evaluate, manage, and make final disposition of Hazardous, Toxic, and Radioactive Waste (HTRW);
• Perform Environmental Remediation and Compliance Services (ERCS) and/or MMR involving primarily Remedial Investigations/Feasibility Studies (RI/FS) and baseline environmental assessments;
• Provide Other Munitions-Related Services (OMRS) involving military munitions not accounted for under MMR (e.g., anomaly avoidance, construction support, etc.);
The Offeror’s narrative should delineate the Offeror’s own capabilities and those capabilities that will be provided by team members. It is not necessary that an Offeror address each service or service location outlined above but gaps in demonstrated capability may result in a lower rating. The Offeror shall provide a narrative describing at least three (3), but no more than six (6) examples of projects that demonstrate the Offeror's and its team members' Technical Capability. At least one (1) submitted project shall reflect HTRW Technical Capabilities. At least one (1) submitted project shall reflect MMRP Technical Capabilities. All projects shall be at least 80% complete. At least one (1) project shall be 100% complete. At least one (1) project shall include Cost Reimbursement project elements. Projects included shall have been completed no more than five years prior to the closing date of this solicitation. Narratives of its technical capability shall demonstrate that the offeror performed as the substantial lead on submitted projects.
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A project is defined as:
a. Work performed pursuant to one specific task order of an IDIQ type contract at one or multiple sites; or
b. Work performed pursuant to a site-specific contract for one site or multiple sites; or
c. Work performed under multiple task orders issued against an IDIQ contract to accomplish the work effort on one or multiple sites.
Do not list an IDIQ contract as an example of a single completed project. Instead, list relevant completed task orders that fit within the definition above. If the Offeror provides a specific task order as its "project," it should provide the base contract number and the task order number for reference purposes. If the Offeror provides a site-specific/stand-alone “C-Type” contract as its "project," it should provide the contract number for reference purposes. The projects must have been completed within the last five (5) years of this solicitation’s issue date. A 100% complete project is defined as work performed under a "project" as defined above that is physically 100% complete and has been accepted by the customer. An 80% complete project is defined as 80% of the contract dollar amount has been completed. Contractor shall provide dollars invoiced versus contract value. The project does not have to be contractually or administratively closed out. If the project has additional lingering requirements after the actual remediation effort has been performed and accepted by the customer (e.g.: Long Term Monitoring (LTM), construction support, 5 year reviews, final report reviews), the project may be used by the Offeror to show their experience and technical capability. The Offeror is cautioned that if the project does not fit the criteria above, it will not be considered by the Government when evaluating the Offeror’s breadth and depth of experience and technical capability. Offerors should demonstrate the breadth and depth of their experience (and that of proposed Partnership, JV members, or key subcontractors) in performing the full range/all of the tasks required in Section I – Overview, Subsection A. Description of the Program, second paragraph. Breadth of experience is defined as the Offeror’s experience in performing the above range of services. Depth of experience is defined as the magnitude, significance, and applicability/relevance of the Offeror’s experience in performing the above range of services. Provided the offeror does not exceed the overall total page count for the proposal, the offeror may provide additional narrative outside the minimum requirements on any or all projects. The types of information presented should include such information as to the scope of work (including project size, complexity, and any distinctive and/or unique features of the project); project location; contract type (i.e., whether performance based and whether FFP or CPFF); period of performance; contract dollar value; team members and their roles, the approach to the field work; how the project was managed (i.e., oversight of production, schedule, cost, quality, property management, and safety); and how challenges were handled. The Offeror should discuss the technologies, means and methods, and equipment used on projects and should discuss corporate experience and not the experience of individual employees.
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The Offeror is free to include more or less information as deemed necessary to communicate the team’s technical capability recognizing that a reading of Volume I should demonstrate the areas to be evaluated under this solicitation and leave an evaluator with a complete understanding of all aspects of the team’s capability and experience to meet the terms and conditions of this solicitation throughout the contract term and recognizing that ambiguity or gaps in demonstrated capability may result in a lower rating. Experience considered may include both government and commercial contracts in providing the same or similar products and services to accomplish the full range/all of the tasks required. For key subcontractor’s corporate experience to be considered, Offerors shall include letters unconditionally committing Key subcontractors to performance under this contract should it be awarded to the Offeror (as indicated in Volume I, Factor 1, Tab 2, Element 4). The government will not consider experience on subordinate or affiliated offices or subcontractors who will not be used in the proposed contract. The offeror, as the prime contractor, shall describe its primary role/duties in execution of the work (i.e. the major components of the project which were completed by the prime’s staff and major components, which were subcontracted out). The offeror shall also provide information on the project as to the size, complexity, and distinctive and/or unique features of the project. The offeror should provide evidence that it understands the CERCLA and/or RCRA requirements under various programs to include but not limited to Defense Environmental Restoration Program. The offeror should indicate if the work was performed under a performance-based contract. The offeror should provide specific information as to the types and amounts (number of line items, dollar value) of Government Property under its control and how it was accounted for, managed, and controlled by the offeror. The Offeror should describe any facilities, materials, and equipment that it possesses or has the ability to obtain to perform any of the environmental remediation services required and how the resources are managed. A reading of Tab 1 should leave an evaluator with a complete understanding of all aspects of the Offeror’s and Key subcontractors’ capability and experience to meet the terms and conditions of this solicitation throughout the contract term. Tab 2 – Organization/Management Element 1 - Quality Management/Quality Control Program and Corporate Business Practices - The Offeror should provide a narrative of its corporate Quality Management/Quality Control (QM/QC) program and its business practices, which demonstrates adherence to the QM/QC Program. The Offeror should also describe its data management practices and procedures used to maintain quality and accuracy of data from generation to reporting. The Offeror should discuss how the Offeror will manage and control multiple subcontractors and multiple task orders to avoid quality and schedule impacts. Element 2 - Contractor Safety and Health Program - The Offeror should provide a narrative to describe its ongoing and successful execution of its Accident Prevention/Safety and Health Program, addressing items such as training, the number of current Safety and Health professionals and the procedures used in the preparation and implementation of an Accident
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Prevention Plan (APP)/Site Safety and Health Plan (SSHP) for a MMR and/or HTRW site. The Offeror shall explain how its programs have resulted in avoidance of accidents of hazards or a reduction of accidents or hazards. The Offeror shall provide a signed certification sheet stating that the Offeror has developed and implemented a Safety and Health Program in accordance with OSHA regulation 29 CFR 1926.65(b) and EM 385-1-1, and should provide a Table of Contents of the required written Safety and Health Program. The Offeror shall provide the Corporation’s experience modifications rate (EMR). Element 3 - Key Personnel and Other Resources - The Offeror should demonstrate through a resource plan that it currently possesses, or has the ability to obtain and retain, the necessary personnel required to perform MMR and ERCS projects. The Offeror shall provide the résumé(s) for the following nine (9) key personnel positions. Where positions may have multiple personnel identified, the Offeror may present additional résumés as long as the Offeror does not exceed 13 total résumés. Offerors are expected at a minimum to employ the following positions during the performance of the contract. Offerors may be required by individual task orders to employ additional positions as prime contractor employees. The résumés shall clearly display proposed job title, education, states in which the individuals are registered, special qualifications and experience record showing title, specific duties, responsibilities, and assignments and the dates these were held within at least the last five years. The purpose of this submittal is to identify the level of expertise available for this contract. After contract award, key personnel may be replaced only with the approval of the Contracting Officer. NOTE. THE GOVERNMENT WILL NOT EVALUATE ADDITIONAL RÉSUMÉS FROM KEY PERSONNEL POSITIONS THAT ARE NOT IDENTIFIED BELOW The following key personnel shall be identified:
(a) Program Manager. The Contractor shall designate a Program Manager (PgM), meeting the following requirements. This individual shall have at least 3 years of experience in general contract project management on programs similar in size and complexity to the effort described in the PWS. It is desired that the PgM have a Project Management certification from a reputable institution, but it is not required. The PgM shall be the overall contact that provides a single Point of Contact (POC) for the KO, provides programmatic reporting to USACE, and who can address overall management and contracting issues. This person shall have experience in managing all types of environmental remediation, to include HTRW soil and groundwater remediation as well as military munitions response actions, at a minimum.
(b) Quality Managers. The Contractor may dual-hat the following key personnel:
i. Corporate Quality Manager. The Contractor shall designate a Corporate Quality Manager with documented training and with at least 3 years of experience in directly related work, and who can address overall quality management, quality control/assurance, quality auditing, or process improvement. The Quality
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Manager assures overall quality of contract deliverables and general contract compliance.
ii. Programmatic Quality Control Manager. The Programmatic Quality Control Manager shall meet the personnel qualification requirements and perform the roles and responsibilities of a Quality Assurance Manager as specified in Section 7 and 8 of the attached DoD Policy and Guidelines for Acquisitions Involving Environmental Sampling or Testing. http://www.acq.osd.mil/dpap/dars/dfars/changenotice/2008/20080303/223.7.pdf.
(c) Safety and Health Professionals. In accordance with the US Army Corps of Engineers
Safety and Health Requirements Manual (EM385-1-1, current version), the contractor shall provide the following personnel for hazardous waste operations:
i. Safety and Health Manager (SHM) is required for all projects. The SHM shall be an employee of the prime and must able to address the overall health and safety issues at the site. The SHM, dependent upon the contaminant-related hazards on the project, shall be a Certified Industrial Hygienist (CIH), Certified Safety Professional (CSP) or Certified Health Physicist (CHP). If the project involves radioactive material, then the contractor shall have a CHP assigned to the project, accessible to the field crew; but not necessarily required to be on-site.
ii. The SHM shall have a minimum of three (3) years of experience managing safety and occupational health at hazardous waste site cleanup (or radioactive waste sites, if necessary) operations. The SHM shall enlist the support of safety and occupational health professionals with appropriate education and experience when working on sites with multiple (chemical, safety, ionizing radiation) hazards. The SHM shall demonstrate the authority to shut down the site work if/when Health and Safety becomes an issue. The SHM shall have a working relationship with the SSHO/UXOSO so that the SSHO/UXOSO can readily access the SHM if any safety or health questions or concerns arise at the site.
(d) Project Manager. The Contractor shall execute each task under the direction of a Project Manager (PM), who shall ensure that all work is accomplished with adequate internal controls. This individual shall have at least 3 years of experience in general contract project management on programs similar in size and complexity to the effort described in the PWS. It is desired that the PM have a Project Management certification from a reputable institution, but it is not required. The PM shall serve as the Contractor's single POC for the Task Order. The PM shall implement procedures to eliminate conflicts, errors, and omissions and ensure the accuracy of all output. The PM shall maintain close communication and coordination with the USACE for the duration of the project, including monthly/weekly progress and cost reporting and periodic reports in accordance with DID HNC-010.01.
(e) Senior Geophysicist. This individual shall have a degree in geophysics, geology, geological engineering, or a closely related field, and shall have a minimum of 5 years of experience directly related to the geophysical mapping, detection and discrimination of
buried military munitions. This individual has overall responsibility for design, implementation, and management of all geophysical investigations required for the work effort related to military munitions, but may not necessarily be on-site full time. This individual shall be the project geophysicist-of-record.
(f) Senior UXO Supervisor (SUXOS). This individual shall meet the qualifications, and perform the functions, as described in TP 18.
(g) Senior Contracts Manager. This individual shall have experience in Firm Fixed Price (FFP) and Cost Plus Fixed Fee (CPFF), contracts and should have a minimum of 10 years of federal contracting experience (either working with the Government or for a DoD Contractor).
(h) Contractor Project Chemist – This individual shall meet the more stringent of the requirements listed in Section 8.2.5.1.1. of EM 200-1-15 and in Section 7 and 8 of the DoD Policy and Guidelines for Acquisitions Involving Environmental Sampling or Testing. The contractor project chemist roles and responsibilities shall be as described in those sections.
(i) UXO Safety Officer (UXOSO). This individual shall meet the qualifications, and perform the functions, as described in TP 18. In addition to the UXOSO's safety duties, this individual will be the certifying official designating IOP ammunition as safe to ship/move/transport.
Résumé information should be provided in the format identified in Section J, Attachment D, “Key Personnel Résumé”, of this solicitation. The Offeror should submit unconditional letters of commitment for all key personnel in the format identified in Section J, Attachment E “Letter of Commitment for Key Personnel” of this solicitation. NOTE. OFFERORS SHOULD CONSIDER ONE YEAR EQUIVALENT TO A PERIOD OF 12 MONTHS. THE CONTRACTOR SHOULD NOT COUNT LEAVE OF ABSENCES TOWARDS TOTAL EXPERIENCE TIME, AND SHOULD ONLY COUNT EXPERIENCE WHICH QUALIFIES THEM FOR THE POSITION. THE OFFEROR SHALL COMPLETE SECTION J, TECHNICAL EXHIBIT 6 "KEY SUBCONTRACTORS AND KEY PERSONNEL". Element 4 - Organization Structure - The organizational structure of the Offeror’s proposed team (all key subcontractors shall be included in this organizational structure) for this contract should be outlined through a narrative and shall be diagrammed using an organizational chart indicating the relationships, working arrangements, and lines of authority and communication with the Offeror and within the team. A key subcontract is considered any subcontract that equals 20% or more of the prime contract. The Offeror’s proposal should address the extent to which proposed organizational relationships have been used successfully in the past, i.e., over the course of multiple projects. The Offeror shall submit unconditional letters of commitment for key subcontractors that should be in the format identified in Attachment F, “Letter of Commitment of Key Subcontractor,” of this solicitation.
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(b) Volume II - Factor 2, Tab 1 - Technical Approach to the Sample Task Order Tab 1 – Discussion of Sites, Assumptions, Regulatory Process and Required Submittals - The Offeror shall provide a background discussion of the site to be investigated, including the sources of data, points of contact, coordination required, relevant reports, problems, and topics relevant to the project that would be addressed in the work plan. The Offeror shall identify any limiting factors and all assumptions made when developing its response to the Sample Task Order. The Offeror shall specifically and clearly identify its understanding of the governing regulatory response process. The Offeror shall address each subtask in the sample task order. The Offeror shall provide a discussion of the contents of required submittals. Tab 2 - Staffing Plan - The Offeror shall provide a discussion of how the Sample Task Order will be staffed. Additionally, the Offeror shall identify the required expertise or experience, occupational titles, disciplines, or labor categories that will be employed to execute the efforts identified in the sample task. The contractor shall address which labor categories will be filled by subcontractor or its own employees. The Offeror should also address plans in the event of prime and/or subcontractor withdrawals or addition of resources required, and staffing updates, throughout the task order period of performance. Tab 3 - Field Work - The Offeror shall provide a discussion of the field methods to be used, including the types of equipment and techniques used to locate the Munitions and Explosive of Concern (MEC)/Munitions Constituents (MC)/Hazardous Toxic and Radiological Waste (HTRW) contamination and map its location, and any other techniques relevant to the field investigations, surveys, or removal/remedial activities. The Offeror shall discuss the quality management/schedule/risk assessment, reporting and controls it will use – discussing the organization’s ability to identify critical quality and schedule impacts. Tab 4 - Hazards and Safety Identification - The Offeror shall provide discussion of the hazards that may be encountered when performing work such as that required under the Sample Task Order. This should include the types of hazards that may be found and/or the potential hazards of the site, the potential hazards of the contamination and the MEC/MC/HTRW, as well as hazard mitigation. Also, the necessary safety requirements should be discussed and identified. Tab 5 - Performance Based Milestones and Time Schedule - The Offeror shall provide a Performance Based Milestone Chart and Time Schedule for the work that would be performed under the Sample Task Order. Offerors are expected to propose a realistic schedule. A schedule that is unrealistically short or unreasonably long will be viewed by evaluators as an indicator that the Offeror lacks a clear understanding of the requirements. Tab 6 - Basis of Estimate - The Offeror shall provide a basis of estimate in an excel spreadsheet format for each task to include quantification of all its assumptions for example but not limited to team size and make up, number of teams, labor productivity/duration, labor hours, labor categories, equipment, materials, subcontractors, number of trenches, number of meetings, number of samples, etc. To assist with a crosswalk for the technical and cost evaluators, offerors shall provide corresponding basis of estimate page number in the Technical Approach to the
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Sample Task Order - Volume II, Factor 2, Tab 6 and corresponding basis of estimate page number in the Price/Cost and Other Cost Related Information – Volume IV, Section II, Tab 3. (c) Volume III - Factor 3, Past Performance - Performance risk assessment is measured based upon the quality of the Offeror’s past performance as it relates to the probability of successful accomplishment of the required effort. Performance risks are those associated with an Offeror’s likelihood of success in performing the solicitation’s requirements as indicated by that Offeror’s record of past performance. The prime offeror shall also submit the written consent of its key subcontractors to allow the disclosure of the subcontractor's past performance information to the prime. Past performance is a measure of the degree to which an offeror satisfied its customers in the past and complied with Federal, state, and local laws and regulations. The Government will assess the following areas: quality, schedule, cost control, customer satisfaction, problem resolution, safety, and achievement of FAR 52.219-14 Limitations on Subcontracting. Past performance, information may be obtained from any other sources available to the Government, to include, but not limited to, the Contractor Performance Assessment Reporting System (CPARS), the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), or other databases. Tab 1 - Past Performance Project Narratives - The Offeror shall provide relevant and recent past performance narrative information for each project listed in the Offeror's response to Section L, Volume I, Factor 1, Tab 1, ”Technical Capability” of this solicitation. Past performance must have occurred within the five years prior to the closing date of this solicitation. The Offeror should provide a minimum of three (3) projects, but no more than six (6) projects. Data concerning the prime Offeror should be provided first, followed by each proposed key subcontractor, in alphabetical order. The title of the project should be consistent with the project description as required in Section L, Volume I, Tab 1 of this solicitation. Past performance information may be obtained from any other sources available to the Government, to include, but not limited to, the Contractor Performance Assessment Reporting System (CPARS), the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), or other databases. a. The Offeror may provide information on problems encountered on the contracts and subcontracts identified in the narratives above (to include cost growth and delays). Offerors are encouraged to disclose instances in which their past performance may be considered by previous customers or their representatives to have been less than fully satisfactory, and to tell their side of the story and/or describe corrective actions that they have taken. Contractor performance is rarely without some unanticipated disruption or trouble in conforming to all plans and requirements. Therefore, a history of successful, corrective action is an important consideration. For any contracts that did not/do not meet original schedule or technical performance requirements, Offerors may provide a brief explanation of the reason(s) for the shortcomings and any corrective action(s) taken to avoid recurrence. Offerors should not provide general information on their performance on the identified contracts. General performance information will be obtained from references.
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b. The Offeror may describe objectives achieved (include parameters), quality awards or certifications that indicate the Offeror possesses a high-quality process to simultaneously manage, develop and produce the service required. Such awards or certifications include ISO 9001, and private sector awards or certifications. The Offeror should identify the segment of the company (one division or the entire company) that received the award or certification. Describe when the award or certification was bestowed. If the award or certification is over three years old, provide evidence that the qualifications still apply. c. The Offeror should also provide a narrative of its past performance in working with regulators with points of contact for those projects listed under Volume I, – Technical Capability of its proposal. Include information to demonstrate the Offeror’s ability to create and maintain a cooperative working environment with State and U.S. Environmental Protection Agency regulators. The Offeror should provide information, which demonstrates experience with submitting accurate and timely reporting/regulatory submittals in accordance with regulatory requirements and gaining the approvals for those submittals. The Offeror should also provide to the Government, Points of Contact (POCs) who are environmental regulators and who are familiar with the project and available so that the information provided can be independently verified. Regulatory POCs may be contacted to obtain safety and environmental compliance information. d. In addition to its narrative, the Offeror shall submit one reference sheet per project in the format provided in Section J, Attachment B of this solicitation for all projects referenced in Volume I, Factor 1, Tab 1, “Technical Capability”. The Offeror may also include other Government and non-Government contracts/projects (prime and key subcontracts) completed during the past five years from the closing date of this solicitation. The Offeror shall at a minimum, provide references for all projects referenced in Volume I, Factor 1, Tab 1, “Technical Capability”. The Government may require an Offeror to provide additional past performance references if the references originally provided do not promptly respond to inquiries. e. In addition to the project information requested in this section, the Offeror shall provide information on all environmentally reportable incident violations and environmental notice of violations in the past five years, or shall state that there were none. f. In addition to the project information requested in this section, the Offeror shall provide information on any contracts or task orders that have been terminated, in whole or in part, for any reason during the past five years, or shall state that there were none. Offerors should also include information for contracts or task orders currently in the process of being terminated. Offerors may provide a brief explanation of the reason(s) for the shortcomings or termination and any corrective action(s) taken to avoid recurrence. Tab 2 - Past Performance Questionnaires - The Past Performance Questionnaire included in the solicitation (Section J, Attachment A) is provided for the Offeror to submit to the client for each project submitted in Volume I, Factor I. The Offeror should ensure correct phone numbers and email addresses are provided for the client point of contact. Completed Past Performance Questionnaires (PPQ) should be submitted with your proposal. If the Offeror is unable to
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obtain a completed PPQ from a client for a project(s) before the solicitation closing date, the Offeror should complete and submit with the proposal the first page of the PPQ, which will provide contract and client information for the respective project(s). Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government’s point of contacts: Contract Specialist, Ms. LaShonda Smith at [email protected]; and Contracting Officer, Ms. Althea Rudolph at [email protected] prior to the solicitation closing date. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other solicitations. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation. In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS), including Contractor Performance Assessment Reporting System (CPARS), using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the Offeror’s proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), and any other known sources not provided by the Offeror. While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror. (d) Volume IV – Factor 4, Price/Cost and Other Cost Related Information. This volume shall include the following: Section I: General Information 1. Section I, Tab 1 - SF33 - Provide the completed SF33. Also indicate period of validity of the Offeror’s proposal in block 12 (at least 180 days). 2. Section I, Tab 2 - Representations and Certifications (Section K) - Provide the completed Section K, or a copy of all certifications in your SAM record. 3. Section I, Tab 3 - Joint Venture / Mentor-Protégé Agreements and approvals (if applicable) - When proposing as a joint venture, all members of the joint venture shall sign the SF 33 unless a written agreement by the joint venture is furnished with the proposal designating one firm with the authority to bind the other member(s) of the joint venture. In addition, a copy of the joint venture agreement shall be submitted with the proposal in Volume IV. Failure to comply with the foregoing requirements may eliminate the proposal from further consideration. If this is an 8(a), HUBZone, or Service-Disabled Veteran-Owned joint venture, the Offeror should ensure that it complies with the applicable requirements of 13 CFR Part 124, 13 CFR Part 125, and 13 CFR Part 126 respectively.
When proposing as part of a Mentor-Protégé Agreement, include a copy of the agreement and the Small Business Administration approval of the agreement in Volume IV.
Section II: Price/Cost/Cost Related Information This is a competitive acquisition. “Information Other than Cost or Pricing Data” shall be submitted by the Offeror to support that the price is fair and reasonable. All “Information Other than Cost or Pricing Data” submitted pursuant to this section is for the exclusive use of the Government. The Offeror’s proposal shall include a Price/Cost Proposal Narrative discussing its proposed prices and cost in Section II, Tab 2. The Offeror shall provide the basis for the proposed costs by major cost elements within the Sample Task Order, including the rationale and assumptions used for the estimates. The proposal cost breakdowns shall follow the accounting and estimating practices of the Offeror. All calculations shall be fully disclosed with explanations for how the amounts were derived; the proposal data shall allow for replication and validation of the calculations, with clear tracking of key figures among the support schedules. 1. Section II, Tab 1 - Supplies or Services and Prices/Cost Schedule - The Offeror shall completely fill out all tables in Section J, Attachment H. The rates that the Offeror proposes shall show the base rate and all mark ups (including percentages) to come to the burdened labor rates (excluding profit) for Firm-Fixed Price (FFP) and unburdened base labor rates for Cost-Plus-Fixed-Fee (CPFF) for the base period and the escalation factor(s) for the remaining option period (FFP and CPFF). Escalation factors for the labor rates in the option year will only be applied to the base labor rates not to the entire loaded rate, thus each markup must be clearly identified and shown how it is applied to the base rate to obtain the loaded rate. The Offeror shall complete the “FFP Ceiling Burdened Hourly Rates” tables, the "CPFF Ceiling Unburdened Hourly Rates” tables and the “Ceiling Indirect Rates” tables in Attachment H. These rates proposed in Attachment H will be binding cost elements and will become the maximum allowable rates for task orders issued during the ordering period of any contract awarded as a result of this solicitation. Thus the rates proposed on a task order may be less than those proposed in Attachment H of the Offeror’s basic IDIQ contract, but may not exceed the maximum rates included in the basic IDIQ contract award unless the applicable wage determination is higher than the Offeror’s base rate in the contract. Required supporting documentation (if any) shall be provided with the Offeror’s proposal at Tab 2 below. Information for completing the tables and identification of required supporting documentation is provided below: “FFP Ceiling Burdened Hourly Rates” tables - For FFP efforts, Offerors shall propose burdened labor rates (excluding profit) for all labor categories provided in the “FFP Ceiling Burdened Hourly Rates” tables in Attachment H. Additionally, complete the spreadsheet provided in Section J, Attachment H. Rates shall include application of all indirect rates, but shall exclude profit. The labor rates proposed for the Offeror's personnel are the maximum allowable rates for task orders issued during the ordering period of any contract awarded as a result of this solicitation. However, labor rates for the Offeror's proposed personnel may be less per individual task order but may not exceed the maximum rates included in the basic IDIQ contract award. The Offeror must propose a rate for each and every labor category listed in the table regardless of whether the Offeror employs personnel in every required category or intends to rely on team members/subcontractors for the particular labor categories. Offeror shall not propose additional labor categories.
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“CPFF Ceiling Unburdened Hourly Rates” tables - For CPFF efforts, Offerors shall propose base (unburdened) labor rates for all labor categories provided in the “CPFF Ceiling Unburdened Hourly Rates” tables in Section J, Attachment H. Additionally, complete the spreadsheet provided in Attachment H. Rates shall not include any markups. The labor rates proposed for Offeror's personnel are the maximum allowable rates for task orders issued during the ordering period of any contract awarded as a result of this solicitation. However, labor rates proposed may be less per individual task order but may not exceed the maximum rates included in the basic IDIQ contract award. The Offeror must propose a price for each and every labor category listed in the table regardless of whether the Offeror employs personnel in every required category or intends to rely on team members/subcontractors for the particular labor categories. Offerors shall not propose additional labor categories beyond those listed in Section J, Attachment H (if additional labor categories are required on future projects, they will be incorporated into the basic contract and the specific task order by the post-award team). The Offeror shall provide and discuss the basis for the proposed direct labor rates, such as whether the rates are current/actual (with the effective date), Forward Pricing Rate Agreement (FPRA) or Submission (FPRS), Bureau of Labor Statistics (BLS) or commercial consulting firm wage/salary survey (for example: Economist Intelligence Unit), or Offeror estimate. If weighted labor rates are used, provide the weighting factors. “Ceiling Indirect Rate” tables - The Offeror shall include the following information in the “Ceiling Indirect Rates” tables in Section J, Attachment H. The Offeror shall also complete the spreadsheet provided Attachment H. Additionally, the Offeror should provide a brief narrative describing the composition of its indirect rates and how and when the rates are applied. Home and Field Office Overhead on Direct Labor. Offerors whose accounting system applies overhead to its direct labor costs may propose an overhead rate. If an overhead rate is proposed, the rate will be a binding cost element that will become the maximum allowable rate for CPFF task orders issued during the ordering period of any basic IDIQ contract awarded as a result of this solicitation. The Government recognizes that not all Offeror’s accounting systems apply overhead against direct labor costs. As a result, Offeror’s systems that do not apply overhead on direct labor should put 0% for this cost element. Subcontract Handling Charge. Offerors whose accounting system applies a handling charge to subcontracts may propose a rate for subcontract handling charges. If a subcontract handling rate is proposed, the rate will be a binding cost element which will become the maximum allowable rate for task orders issued during the base period and option year exercised of any basic IDIQ contract awarded as a result of this solicitation. The Government recognizes that not all Offeror’s accounting systems apply a subcontract handling charge against the Offeror’s subcontracts. As a result, Offeror’s systems that do not apply a subcontract handling charge should put 0% for this cost element. Materials, Supplies and Equipment (MSE) Handling Charge. Offerors whose accounting system applies a handling charge to MSE may propose a rate for MSE handling charge to be applied against the total MSE cost element. If a MSE handling rate is proposed, the rate will be a binding cost element that will become the maximum allowable rate for task orders issued during
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the base period and option year exercised of any basic IDIQ contract awarded as a result of this solicitation. The Government recognizes that not all Offeror’s accounting systems apply a MSE handling charge. As a result, Offeror’s systems that do not apply a MSE handling charge should put 0% for this cost element. Home and Field Office General and Administration (G&A). Offerors whose accounting system applies G&A to the cost of the contract may propose a rate for G&A to be applied against the subtotal of all cost elements (excluding fee). G&A costs proposed must be fully supported. If a recent audit or financial statement of corporate overhead expenses, performed by a Government or private auditor or certified public accountant exists that supports the costs proposed, submit it as part of the offer. If a G&A rate is proposed, the rate will be a binding cost element that will become the maximum allowable rate for task orders issued during the base period of any basic IDIQ contract awarded as a result of this solicitation. The Government recognizes that not all Offeror’s accounting systems apply G&A. As a result, Offeror’s systems that do not apply G&A costs should put 0% for this cost element. Other Indirect Costs (Facilities Capital Cost of Monies, Fringe, etc.). Offerors with an approved accounting system that applies other Indirect Costs not specifically identified here may propose a rate for those other Indirect Costs that are applied to any and all applicable cost elements. The Offeror shall fully support any other Indirect Costs proposed by recent Government or private audits of the Offeror’s accounting system. It must be clearly identified in the supporting documentation as to how and when this rate is applied. If an Other Indirect Costs rate is proposed, the rate will become the maximum allowable rate for the task orders issued during the base period of any basic IDIQ contract awarded as a result of this solicitation. Escalation Factors - The Offeror shall also provide the basis for any proposed/projected price escalation and the assumptions used: forecast source (such as Global Insight, or Economy.com), index used (index number and title), calculations index values used: base and projected values), and dates used (month and year for applicable index numbers). 2. Section II, Tab 2 - Supporting Documentation for Rates in Section J, Attachment H - The Offeror shall include any supporting documentation and narratives identified above. To aide in the cost evaluation, this documentation shall be submitted in Microsoft Excel, Version 2010 compatible, 3. Section II, Tab 3 - Sample Task Order Costs – The Offeror shall provide a priced proposal for the Sample Task Order provided in Section J, Attachment C. This Sample Task Order will include both FFP and CPFF tasks. The tasks shall be separately priced. Offeror shall use the Sample Task Price Proposal Worksheet provided at Section J, Attachment I. The Offeror shall provide an appropriate breakout of all cost associated with the CPFF tasks required to execute the sample task order. The Offeror shall apply the labor rates and cost elements proposed in Attachment H, unless the labor rates would fall below an applicable wage determination. The Offeror will find Service Contract Labor Standards (formerly the Service Contract Act) wage determinations provided in Section J to be used as a minimum base rate only. The Offeror shall use the direct rates it would normally use unless they fall below the wage determinations provided in Section J, Attachment G. Additionally the contractor shall propose (as non-binding
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elements) any subcontracting, supplies, materials, equipment, travel costs, as described below, that may be needed to carry out the work under the Sample task order. Required supporting documentation shall be provided immediately following the Sample Task Price Proposal Worksheet. Break out details for all cost elements shall be provided, lump sum pricing will be considered a deficiency in the proposal. The adequacy and value of the cost data, whether the costs are realistic for the work to be performed, whether the costs reflect the Offeror’s understanding of the requirements, and whether the costs are consistent with the technically proposed method used in the sample task order, will be determined from this information. The Offeror’s Sample Task Price Proposal Worksheet shall include all other necessary cost elements identified below: a. Direct Labor. Wage rates for laborers/tradesmen shall be provided accordance with the applicable Service Contract Labor Standards (Formerly the Service Contract Act) wage determinations for the locality identified in the sample task order scope of work. The Offeror shall also propose the quantity of labor hours for each labor category necessary to execute the technical approach proposed in Volume 2 for the sample tasks. If the Offeror does not propose to utilize a particular labor category for the sample task order, the Offeror shall insert “0” under the quantity of labor hours for that particular labor category. b. Subcontracts. The offeror’s cost volume shall identify the basis and determination of adequate price competition and the basis and determination for establishing the source and price reasonableness, the percent of effort expected to be performed by each subcontractor/teaming member, the proposed subcontractor’s name, task(s) to be performed by the subcontractor, the type of subcontract, value of the subcontract, and pass-through cost added by the Prime. Each key subcontractor/teaming member shall submit a cost proposal. The cost proposals from each key subcontractor/teaming member shall include a cost narrative detailing its portion of the requirement, its basis of estimate, and Labor Hour & Cost Breakdown. The cost narrative from each key subcontractor/teaming member shall include the same level of detail described in this section to support the proposed cost. Subcontractor proposals shall be submitted not later than the required proposal due date. Subcontractor cost volume shall include the applicable Defense Contract Audit Agency (DCAA)/ Defense Contract Management Agency (DCMA) point of contact information. c. Materials/Supplies/Equipment (MSE). Offerors shall propose a cost for materials, supplies, and equipment. Backup documentation to support the proposed materials/supplies/equipment cost shall be provided immediately following the subcontract backup (if applicable) in the Offeror’s price proposal. Backup documentation shall be submitted in Microsoft Excel and annotated to provide clear identification of its purpose or the work elements it represents. Offerors may include cost for applicable taxes consistent with the guidance provided at FAR 31.205-41, "Taxes", and the Offerors approved accounting system. Offerors proposing costs for taxes shall clearly identify the proposed tax and how the taxes were applied in order to develop the total price proposed. d. Travel. Offerors shall propose a cost for travel. Travel costs shall be proposed in accordance with Joint Travel Regulations. Backup documentation to support the proposed travel cost shall be provided immediately following the materials/supplies/equipment backup in the Offeror’s
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price proposal. Backup documentation shall be submitted in Microsoft Excel and annotated to provide clear identification of its purpose or the work elements it represents. e. Profit. Offerors shall propose a profit for this effort. In accordance with DFARS 215.404-70, the Government will use the weighted guidelines method to perform a profit analysis. The specialized weighted guideline sample provided in Exhibit 4 is applicable to environmental projects. f. Basis of Estimate. The Offeror shall provide a basis of estimate in an excel spreadsheet format for each task to include quantification of all its assumptions for example but not limited to team size and make up, number of teams, labor productivity/duration, labor hours, labor categories, equipment, materials, subcontractors, number of trenches, number of meetings, number of samples, etc. To assist with a crosswalk for the technical and cost evaluators, offerors shall provide corresponding basis of estimate page number in the technical volume and corresponding basis of estimate page number in the cost volume. The same basis of estimate shall be provided in Volume II, Tab 6. 4. Section II, Tab 4 – DCMA ACO Data or Other Equivalent Information - The Offeror shall have an accounting system capable of handling a cost-reimbursement type of contract. The Offeror shall provide its DCMA and DCAA points of contact. If available, the Offeror is asked to provide its most recent DCMA determination of adequacy for its accounting and billing systems in accordance with DFARS 252.242-7006. The Offeror shall have an accounting system capable of handling a cost-reimbursement type of contract. The Offeror shall provide evidence that its accounting system is capable of tracking and segregating cost data in sufficient detail to administer a cost-plus-fixed-fee type contract. The completion and submission to the Government of the above items listed under Volume IV will constitute an offer (proposal) and will indicate the Offeror’s unconditional agreement to the terms and conditions in this solicitation and any Attachments hereto. The Offeror shall provide in its initial submission its most favorable and complete proposal, in accordance with this solicitation. FIELD PRICING SUPPORT (Included in Tab 2) The Defense Contract Audit Agency (DCAA) may be requested to perform proposal direct labor or indirect rate reviews, financial analyses of the Offeror’s organization, and/or provide other pricing/audit support, as deemed necessary. The DCAA Point of Contacts (office names, office addresses, name of cognizant ACO and DCAA supervisory auditor/auditor, e-mail addresses, and phone numbers) for both the Offeror and any team members shall be included in the proposal. PROOF OF FINANCIAL CAPABILITY AND STABILITY
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If needed and upon written request of the Contracting Officer, offerors, including team members, are required to submit copies of their most recent annual reports, balance sheet, income statement, and cash flow statement with auditor opinion. This information will be used to establish responsibility in accordance with FAR Part 9.1. Upon the request of the Contracting Officer (not to be submitted with initial proposal), offerors will be required to provide the following:
i. A list of present commitments, including the dollar value thereof, and name of the organization under which the work is being performed. Include names and telephone numbers of personnel within each organization who are familiar with the prospective contractor’s performance.
ii. A certified statement listing: (1) each contract awarded within the preceding three month period exceeding $1,000,000.00 in value with a brief description of the contract, and (2) each contract awarded within the preceding three year period not already physically completed and exceeding $5,000,000.00 in value with a brief description of the contract.
iii. A copy of the firm’s annual financial statement(s) for the past three years (or for the
period they have been in business, if less than three years).
iv. Number of years the firm has been in business.
v. A copy of the firm’s current credit report(s).
vi. Name, address and telephone numbers of two credit/trade references.
vii. An explanation of the firm’s capability to obtain sufficient financial resources to perform work required under any resulting contract from this solicitation.
viii. Name, address and telephone number of firm’s bonding company.
TECHNICAL EXCEPTIONS AND DEVIATIONS (Include in Tab 4, if required) The Offeror shall identify and explain any exceptions and/or deviations from the requirements of the solicitation or conditional assumptions made with respect to the technical requirements of the solicitation in the technical proposal. Any explanation of exceptions and/or deviations taken must contain sufficient information and justification to permit evaluation. All benefits to the Government shall be explained for each exception taken. Such exceptions will not, of themselves, automatically cause a proposal to be deemed unacceptable; however, a large number of exceptions, or one or more significant exceptions that do not provide benefit to the Government, could result in the proposal being determined unacceptable. SUBMITTALS REQUIRED BY FAR 52.222-46 AND FAR 52.237-10 (Include in Tab 4)
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Offerors shall comply with the requirements of FAR 52.222-46 Evaluation of Compensation for Professional Employees and 52.237-10 Identification of Uncompensated Overtime. The US Army Corps of Engineers official website for customer service comments is the Interactive Customer Evaluation (ICE) System at http://ice.disa.mil/index.cfm?fa=card&service_provider_id=110768&site_id=856 CLAUSES INCORPORATED BY REFERENCE 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 CLAUSES INCORPORATED BY FULL TEXT 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://farsite.hill.af.mil (End of provision)
Section M - Evaluation Factors for Award EVALUATION FACTORS FOR AWARD BASIS FOR AWARD This requirement will be competed on a restricted small business set-aside basis using the FAR Part 15 best value tradeoff method. Awards will be made on the basis of technical capability and management, technical approach to the sample task order, past performance, and price/cost. The price/cost proposal, which consists of pricing for the sample task order and pricing for the professional categories and supplemental direct and indirect rates to establish maximum ceiling rates will be used to conduct a price evaluation for the award of the IDIQ contract. The Government intends to make awards(s) without discussions; however, the Government reserves the right to hold discussions if necessary in accordance with FAR 15.306. If a competitive range is established, the Government may limit the number of proposals in the competitive range for purposes of efficiency. The Government reserves the right to make staggered awards. Later awarded contracts will have an initial period of performance that will be less than the full three year base period in duration and will end on the same date as all other contractors which receive a basic IDIQ award. The option period will be the same for all awardees, if exercised. If determined to be in the Government’s interest to hold discussions, discussions may be held with Offerors remaining in the competitive range after initial awards have been made to some Offerors. All evaluation factors other than price/cost, when combined, are significantly more important than price/cost (Factor 4). Factors 1: Technical Capability and Management and 2 Technical Approach to the Sample Task Order when combined are significantly more important than Factor 3: Past Performance. All factors will be considered in the tradeoff to determine Best Value. To receive consideration for award, a rating of no less than “Acceptable” must be achieved for Factors 1 and 2. A rating of no less than “Satisfactory Confidence” or “Unknown Confidence” must be achieved for Factor 3 Past Performance. The proposed prices in Factor 4 will be evaluated as follows: FFP elements will be evaluated for fairness and reasonableness. CPFF elements will be evaluated for fairness, reasonableness and realism. All offerors should draw attention to the limitations on subcontracting clause found in FAR 52.219-14 when addressing this factor in their proposals After the Government individually evaluates and rates each proposal, the source selection authority (SSA) will determine which proposal represents the best value. The Government reserves the right to accept other than the lowest priced offer, or to reject all offers. The Government will not award a contract to an Offeror whose proposal contains a deficiency, as defined in FAR 15.001. If there is/are lower priced, conforming offer(s), the source selection official must determine that the added value of a more expensive proposal would justify award to that Offeror. For the purpose of the best value tradeoff for the IDIQ awards, the prices for the sample task order will be used. NOTE. ALL NON-PRICED FACTORS WHEN COMBINED ARE SIGNIFICANTLY
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MORE IMPORTANT THAN PRICE. FACTORS TO BE EVALUATED VOLUME I, FACTOR 1: TECHNICAL CAPABILITY AND MANAGEMENT Tab 1 - Technical Capability Tab 2 - Organization/Management
Element 1 - Quality Management/Quality Control Program and Corporate Business Practices Element 2 - Contractor Safety and Health Program Element 3 - Key Personnel and Other Resources Element 4 - Organizational Structure VOLUME II, FACTOR 2: TECHNICAL APPROACH TO THE SAMPLE TASK ORDER Tab 1 - Discussion of Site, Assumptions, and Required Submittals Tab 2 - Staffing Plan Tab 3 - Field Work Tab 4 - Hazards and Safety Identification Tab 5 - Performance Based Milestones and Time Schedule Tab 6 - Basis of Estimate VOLUME III, FACTOR 3: PAST PERFORMANCE Tab 1 - Past Performance Project Narratives Tab 2 - Past Performance Questionnaires VOLUME IV, FACTOR 4: PRICE/COST AND OTHER COST RELATED INFORMATION SECTION I: General Information Tab 1 - SF33 Tab 2 - Representations and Certifications Tab 3 - Joint Venture / Mentor-Protégé Agreements and approvals (if applicable) SECTION II: Price/Cost/Cost Related Information Tab 1 - Supplies or Services and Prices/Cost Schedule Tab 2 - Supporting Documentation for Rates in Attachment H Tab 3 - Sample Task Order Costs and Basis of Estimate Tab 4 – DCMA ACO Data or Other Equivalent Information EVALUATION APPROACH FACTOR 1, TECHNICAL CAPABILITY AND MANAGEMENT NOTE. INDIVIDUAL ELEMENTS OF TAB 2 - ORGANIZATION/MANAGEMENT DISCUSSED BELOW WILL BE EVALUATED BUT NOT SEPARATELY RATED. Tab 1 - Technical Capability - The Offeror’s team (i.e., “team” meaning collectively the prime
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contractor consisting of a company or corporation, prime contractor with key subcontractor(s) identified with a signed letter of commitment from the key subcontractor(s) {A key subcontractor is considered any subcontractor that equals 20% or more of the prime contractor}, or legally-binding partnering companies or corporations, e.g., partnership or joint venture) experience will be examined to determine the breadth and depth of the team’s experience in relation to providing the services described above in Section I – Overview, Subsection A. Description of the Program, second paragraph at diverse locations inside the United States, including Alaska and Hawaii, the U.S. territories, outlying areas as defined by FAR 2.101, and territorial waters. The offeror’s technical capabilities will be examined for the breadth and depth of their experience in performing the full range/all of the tasks required. Breadth of experience is defined as the Offeror’s experience in performing the above range of services. Depth of experience is defined as the magnitude, significance, and applicability/relevance of the Offeror’s experience in performing the above range of services. Gaps in demonstrated capability may result in a lower rating. As part of Factor 1 the Government will evaluate the team’s corporate experience (not individual employee experience) of the entity that is proposed to perform the work and will not consider experience of subordinate or affiliated offices that are not part of the execution team. The Government places a high value on the following (listed in no particular order):
• a presentation of an array of completed projects demonstrating a wide breadth and depth of experience
• projects where work was successfully performed at multiple sites • environmental remediation removal projects that were accomplished using performance
based requirements and/or under FFP contracts where the contractor assumed greater risk • projects that required remediation of both MEC/UXO and MC/HTRW contamination • a presentation that demonstrates that the prime contractor has extensive experience in
self-performing the above range of services rather than heavily relying on its key subcontractor(s)
• experience in which the Offeror and/or its subcontractors successfully performed in locations within scope of this contract, working in remote, or rugged environments
• experience working with the proposed team members providing services similar to those listed above
• projects that implemented innovative technology and/or processes to cut design or removal/remedial action response time and costs for the customer
• projects which have regulatory interface, stakeholder interface, and performance-based milestones
Tab 2 - Organization/Management Element 1 - Quality Management/Quality Control Program and Corporate Business Practices - The Government will evaluate the Offeror’s discussion of its corporate QM/QC Program, corporate business practices and data management. The Government places a high value on:
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• innovative practices, programs and comprehensive operational approaches which have resulted in or demonstrated an increase in the quality of outputs/products/services
• a program which demonstrates that data quality control measures are in place and how they have successfully been used on previous projects
Element 2 - Contractor Safety and Health Program. - The Government will evaluate the offeror’s Accident Prevention/Safety and Health Program to include procedures and requirements for the variety of work proposed under this contract and its efficacy in accident prevention. The Government places a high value on:
• Innovative practices or programs which demonstrate a successful prevention/reduction in Health and Safety accidents
• Programs with an experience modifications rate (EMR) below 1 Element 3 - Key Personnel & Other Resources - The Government will evaluate the Offeror’s resource plan to determine if it demonstrates that the Offeror currently possesses, or has the ability to obtain and retain the necessary personnel required to perform the services specified under Factor 1 "Technical Capability". The Government will verify that program level key personnel meet the qualification requirements under this solicitation through evaluation of the résumés of the program level key personnel. The Government places a high value on:
• resource plans that demonstrate experience with both FFP and CPFF pricing structures • resource plans that demonstrate experience with performance-based milestones • resource plans that demonstrate experience with projects using Government Furnished
and/or Contractor Acquired Property or Equipment • resource plans that demonstrate the ability to provide the breadth of skill sets (personnel)
needed to provide the services listed in Factor 1, Tab 1, "Technical Capability" and provide a depth of field supervisory/ management, quality control, and safety assurance personnel, i.e., field managers, SUXOS, UXOSO, etc.
• personnel who have experience on U.S. Government projects and who have proven their expertise through demonstrated participation on projects provided under Factor 1, Tab 1, "Technical Capability"
• personnel whose qualifications exceed the minimum requirements specified in this solicitation
• personnel with recent relevant experience (recent defined as within past 5 years and relevant defined as experience that specifically fits the qualifications of the position to be filled and the services to be provided).
• personnel with relevant advanced education and/or professional credentials beyond that minimally specified under this contract
Element 4 - Organizational Structure of the Proposed Team - The Government will evaluate the Offeror’s organizational team structure to determine if the Offeror proposes a team structure that shows clear roles and responsibilities and effective communication networks. The
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Government places a high value on:
• Organizational relationships which have been used on other projects such as those presented in Factor 1, Tab 1 - "Technical Capability". Organizational relationships that demonstrate repeated successful team performance, i.e., over the course of multiple projects are viewed as highly valuable.
• Proposals that provide a description of the relationship with the proposed Subcontractors FACTOR 2, TECHNICAL APPROACH TO SAMPLE TASK ORDER Tab 1 - Discussion of the Sites, Assumptions, Regulatory Process and Required Submittals - The Government will evaluate the Offeror’s discussion of each site, the assumptions made, and the discussion of the required submittals. The Government will evaluate the Offeror’s understanding of each site as it relates to the work to be performed, regulatory process followed and how it will reach each of the milestones for the sample project provided. The Government will evaluate the assumptions made for understanding, reasonableness and validity for the offeror’s technical approach and whether the Offeror’s approaches “assume away” the major issues/problems that may be faced on the types of sites described by the PWS. The Government will evaluate the likelihood of the Offeror’s technical approach being accepted by the regulators. The Government places a higher value on:
• Those approaches that do not “assume away” the major issues/problems that may be faced on a real project.
Tab 2 - Staffing Plan - The Government will evaluate the Offeror’s proposed usage of specialized expertise and labor categories which will be employed to execute the efforts identified in the sample task, including any categories which are filled by a subcontractor. The Government will determine whether the proposed staffing is appropriate for the technical approach and the number of personnel employed in relation to the proposed level of effort. The staffing plan will be evaluated for how personnel turnover is addressed and managed throughout the period of performance. Tab 3 - Field Work - The Government will evaluate Offeror’s discussion to determine how well the Offeror understands how to execute the field work that needs to be performed under the Sample Task Order. The Government will evaluate the feasibility, efficacy, and efficiency of the approach in satisfying the performance requirements and how the approach addresses quality control. The Government will determine if the work is being carried out in a manner consistent with the assumptions that the Offeror discussed under Tab 1 of this factor. Tab 4 - Hazards and Safety Identification - The Government will evaluate the Offeror’s discussion to determine how well the Offeror understands the types of hazards that may be encountered and the safety precautions that are necessary when performing the type of field work required of the Sample Task Order. The Government will evaluate the Offeror’s discussion of safety management and hazard mitigation. Tab 5 - Performance-Based Milestones and Time Schedule - The Government will evaluate
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the technical approach used, then will evaluate the time to reach each of the payment/deliverable milestones, as well as the overall schedule to complete the work under the Sample Task Order. The Government will evaluate this submission to determine the Offeror’s ability to develop reasonable milestones and time schedules for work that may be performed under these Contracts and the methods proposed by the offeror. Prices and costs for the Sample Task Order are not to be provided on this schedule or in this Volume (Prices and costs for this Sample Task Order shall be provided in Volume IV). Tab 6 - Basis of Estimate - The Government will evaluate the Offeror’s basis of estimate to determine how well the Offeror understands the requirements necessary to accomplish the work to be performed under the Sample Task Order. Factor 1 “Technical Capability and Management” and Factor 2 “Technical Approach to Sample Task Order” will be evaluated using the following adjectival rating methodology:
COMBINED TECHNICAL/RISK RATINGS Color Adjective Description
Blue Outstanding Proposal meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses. Risk of unsuccessful performance is very low.
Purple Good Proposal meets requirements and indicates a thorough approach and understanding of the requirements. Proposal contains strengths which outweigh any weaknesses. Risk of unsuccessful performance is low.
Green Acceptable
Proposal meets requirements and indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on contract performance. Risk of unsuccessful performance is no worse than moderate.
Yellow Marginal
Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements. The proposal has one or more weaknesses which are not offset by strengths. Risk of unsuccessful performance is high.
Red Unacceptable Proposal does not meet requirements and contains one or more deficiencies. Proposal is un-awardable.
FACTOR 3, PAST PERFORMANCE The Government will evaluate the Offeror's likelihood of success in performing the solicitation's requirements and delivering high quality products and services as indicated by that Offeror's record of past performance. In this context, “Offeror” refers to the proposed prime contractor and its proposed key subcontractors. A “contractor team arrangement” (meaning collectively the prime contractor consisting of a company or corporation, prime contractor with key subcontractor(s) identified with a signed letter of commitment from the key subcontractor(s), or legally-binding partnering companies or corporations, e.g., partnership or joint venture). The prime contractor(s) and proposed key subcontractor(s) will be assessed individually, and the results will then be assessed in their totality to derive the Offeror’s Past Performance rating. For prime contractors or key subcontractors whose firms are divided into severable segments (i.e. division, group, unit, etc.) the past performance will only be evaluated as it relates to those
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segments of the firm(s) that will actually perform the work. Past Performance references will first be reviewed to determine the relevancy of the past performance information. Past performance must have occurred within the five years prior to the closing date of this solicitation and be similar in scope and complexity to be considered relevant. The evaluation will use four levels of relevancy as shown in the bullets below. More relevant past performance will be treated as a stronger predictor of future success and will therefore have more influence on the overall performance confidence assessment than past performance of lesser relevance.
PAST PERFORMANCE RELEVANCY RATINGS
Rating Description
Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.
Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.
Somewhat Relevant Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.
Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.
When determining the overall Performance Confidence Assessment for an Offeror, the Government will take into consideration the following areas: demonstrated record of successful performance in relevant projects; demonstrated ability to select, retain, support and, when necessary, replace subcontractors; demonstrated implementation of corrective measures that have been implemented to resolve performance issues; demonstrated record of reasonable and cooperative behavior and commitment to customer satisfaction; demonstrated record of cost and schedule management; and the degree of relevancy of all of the considered efforts. The Government will evaluate performance ratings by the customer (e.g. Past Performance Questionnaires). If the Government does not receive past performance information for the project(s) identified by the Offeror and cannot establish a past performance record for the Offeror through other sources, or if the Offeror has no past performance record, the Offeror will be given an “Unknown Confidence” assessment rating. The Offeror is cautioned that in conducting the performance risk assessment, the Government may use data provided in the Offeror's proposal in addition to data obtained from other sources. Since the Government may not necessarily obtain information on all of the listed contract references and may not contact all of the identified points of contact (POCs) provided by the Offeror, it is incumbent upon the Offeror to explain the relevance of the data provided. The Government may elect to consider data obtained from sources other than those identified by the Offeror. Factor 3 - “Past Performance” will be evaluated using the following adjectival rating methodology:
PERFORMANCE CONFIDENCE ASSESSMENTS
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Rating Definition
Substantial Confidence Based on the Offeror’s recent/relevant performance record, the Government has a high expectation that the Offeror will successfully perform the required effort.
Satisfactory Confidence Based on the Offeror’s recent/relevant performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort.
Limited Confidence Based on the Offeror’s recent/relevant performance record, the Government has a low expectation that the Offeror will successfully perform the required effort.
No Confidence Based on the Offeror’s recent/relevant performance record, the Government has no expectation that the Offeror will be able to successfully perform the required effort.
Unknown Confidence (Neutral) No recent/relevant performance record is available or the Offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.
FACTOR 4, PRICE/COST AND OTHER COST RELATED INFORMATION The price/cost portion pertaining to Volume IV, Section II of the proposal will be evaluated and a best value analysis of the proposal as a whole performed to determine best value to the Government. Price/cost will not be an adjectivally rated criterion. The Government will evaluate all aspects of the price/cost proposal:
• price for fairness and reasonableness; • cost for fairness, reasonableness and realism; and • providing the best value to the Government
The “FFP Ceiling Burdened Hourly Rates” tables, and the "CPFF Ceiling Unburdened Hourly Rates” tables, and the “Ceiling Indirect Rates” tables in Attachment H, of Section J provided by the offeror will be evaluated to determine fairness and reasonableness and the overall best value to the Government for the base period and option period of this contract. Firm Fixed Price Evaluation, FAR 15.404-1(b) (Price Analysis): a. The Offeror’s proposed price for the Sample Task Order will be evaluated for fairness and reasonableness. b. The Government will evaluate the price for fairness and reasonableness when compared to the Offeror’s technical approach for the scope of services specified in the Sample Task Order to determine whether the proposal reflects a clear understanding of the requirements. c. The information provided by the Offeror will be evaluated to determine fairness and reasonableness, and the overall best value to the Government for the base period and option period of this contract. Cost Plus Fixed Fee Evaluation FAR 15.404-1(c) – (d) (Cost Analysis/Cost Realism Analysis): a. The information provided by the offeror will be evaluated to determine fairness, reasonableness, and realism and the overall best value to the Government for the base period and
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option period of this contract. b. The Government will evaluate the realism of the offeror’s CPFF proposal in order to determine whether the proposed cost is realistic for the work to be performed; reflects a clear understanding of the requirements; and is consistent with the methods of performance described in the offeror’s proposal. c. CPFF proposals will be evaluated based on the Government’s Estimate of Most Probable Cost (MPC) per FAR 15.403-1(d). d. The Government’s Estimate of MPC on CPFF tasks will be measured as follows: anticipated performance costs based on the offerors proposed technical approach and the offeror’s proposed fee. The most probable cost adjustment for each offeror will include technical risks identified during the evaluation of each offeror’s proposal and the associated costs. e. Cost realism and cost risk/most probable cost to the Government are of significant importance in the overall contract award decision as related to the best value judgement. f. The Government will evaluate most probable cost adjustments made to the sample task order. The Offeror whose proposal requires minimum adjustment will be considered lower risk to the Government. The Offeror whose proposal requires significant adjustment will be considered higher risk to the Government. g. Unrealistically low proposed costs or technical risks associated with the offeror’s proposal will be quantified and included in the cost realism assessment for each offeror. If the sample task order total price is found to be unreasonably high or unrealistically low, the proposal may be considered unacceptable and it may be rejected on that basis. h. Sample Task Order Cost Proposal and Basis of Estimate - The Government will evaluate the costs proposed and Basis of Estimate when compared to the technical approach and schedule for each milestone. NOTE. THE GOVERNMENT WILL EVALUATE ADJUSTMENTS MADE AS A RESULT OF COST REALISM, TO THE SAMPLE TASK ORDER. Each Offeror’s proposal is presumed to represent its best effort to respond to the solicitation. In an effort to verify the Offeror’s understanding of the work required and of its ability to perform the contract, any apparent inconsistency between promised performance and price will be addressed in the cost report with supporting documentation from the technical board. To assist in the crosswalk between the sample task order and cost, a basis of estimate will be required in both Volumes II and IV. DCMA ACO Data or Other Equivalent Information. The Government will evaluate the Offeror’s most recent accounting and billing systems are adequate. RESPONSIBILITY DETERMINATION. In accordance with FAR Subpart 9.1, no award will be
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made unless the Contracting Officer makes an affirmative determination of contractor responsibility. As a result, Offerors may be required to furnish additional information in order for the Government to make a determination regarding the Offeror’s responsibility. Additional information required may include, but is not limited to the Offeror’s Accounting System. Offerors will be required to have an adequate accounting system in order to receive a contract as a result of this solicitation. Upon request of the Contracting Officer, Offerors will be required to describe the particular accounting system proposed for use when preparing cost/price proposals for task orders. Omissions or errors will be construed against the Offeror. The Offeror may be required to submit a completed SF 1408, Pre-award Survey of Prospective Contractor (Accounting System). The Offeror’s accounting system will be evaluated to assure that it is adequate for the performance of the contract requirements. Defense Contract Audit Agency (DCAA) may perform a pre-award survey of the contractors’ accounting systems. Offerors who have recently had a successful audit of their accounting systems may provide the audit report in lieu of being audited by DCAA specifically for this contract. The main characteristics of an adequate accounting system are:
• Proper segregation of direct costs from indirect costs. • Identification and accumulation of direct costs by contract. • Logical and consistent method for the allocation of indirect costs to contracts. • Accumulation of costs under general ledger controls. • Timekeeping system that identifies employees’ labor by contract. • Exclusion of unallowable costs from costs charged to Government contracts.
The approved accounting system of Offerors selected for award of a basic IDIQ contract, will be made part of the contract terms and conditions. Financial Capability. (1) In accordance with FAR 9.103(a) “…contracts shall be awarded to, responsible prospective contractors only.” To be determined responsible, a prospective contractor must meet the standards at FAR 9.104. FAR 9.104-1(a) requires that a prospective contractor must have adequate financial resources to perform the contract, or the ability to obtain them. (2) The Government may evaluate the Offeror’s annual financial statements, current credit report(s), and plan to obtain sufficient financial resources to perform the contract requirements in order to determine if the prospective contractor has adequate financial resources to perform the contract or the ability to obtain them. CLAUSES INCORPORATED BY REFERENCE 52.217-5 Evaluation Of Options JUL 1990 52.247-50 No Evaluation Of Transportation Costs APR 1984
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