IFB-3330-049-006-SI_Solicitation

Transcription

RETURN FORM BY 2PM 6/17/16
BID INTENT NOTIFICATION FOR
WATER WELL PUMP SERVICES AND TESTING
DATE:
RE: SOLICITATION NO.: IFB-3330-049-006-SI
CROSSLEY FARMS OU-2 SUPERFUND SITE
HEREFORD TOWNSHIP, BERKS COUNTY, PA
SITE NAME:
E-MAIL TO:
[email protected]
SUBJECT LINE:
IFB-3330-049-006-SI/Bid Submittal/SKimble
Company’s Name:
Email:
Intends To Bid
Does Not Intend To Bid
Indicate Business Size: (check all that apply)
Large
Small
Woman Owned
Disadvantaged
Veteran Owned
Service Disabled
Veteran
HUBZone
***
INVITATION FOR BID
FOR
FOR
CROSSLEY FRAMS SUPERFUND SITE, OPERABLE UNIT 2 (OU-2)
HEREFORD TOWNSHIP, BERKS COUNTY, PENNSYLVANIA
SOLICITATION NO. IFB-3330-049-006-SI
Document Control No. 3330-016-PS-SITE-03212
JUNE 2016
CDM FEDERAL PROGRAMS CORPORATION
3201 JERMANTOWN ROAD, SUITE 400
FAIRFAX, VIRGINIA 22030
TABLE OF CONTENTS
Part
Page
1.
INFORMATION FOR BIDDERS ............................................................................... IFB-1
2.
RESERVED ...........................................................................................................................
3.
STATEMENT OF WORK/SPECIFICATIONS ....................................................... SOW-1
FIGURES 3-1, 3-2, 3-3 and 3-4
4.
HEALTH AND SAFETY ........................................................................................... HSP-1
SITE SPECIFIC HEALTH AND SAFETY
5.
BID SHEET ................................................................................................................ BID-1
6.
REPRESENTATIONS AND CERTIFICATIONS
7.
7a.
8.
SAMPLE SERVICE ORDER and TERMS AND CONDITIONS
SUPPLEMENTAL CONDITIONS
SERVICE CONTRACT ACT – WAGE DETERMINATION
PART 1
INFORMATION FOR BIDDERS
PART 1 - INFORMATION FOR BIDDERS
1.
This project is being conducted by CDM Federal Programs Corporation (CDM
Smith/Contractor) under the United States Environmental Protection Agency (EPA)
Contract Number: EP-S3-07-06. The Contractor is soliciting services for a Subcontractor to
perform water well pump services and testing at the Crossley Farms Operable Unit 2 (OU-2)
Superfund Site (Site), located in Hereford Township, Berks County, Pennsylvania. A Service
Order Agreement will be made between CDM Federal Programs Corporation and the selected
Subcontractor.
2.
This procurement is subject to the Service Contract Act pf 1965. Wage Rates are available
at www.wdol.gov and are hereby incorporated into this Invitation for Bid (IFB) (See Part 8).
This Procurement is a small business set-aside. The North American Industrial Classification
System (NAICS) code is 541620 – Environmental Consulting Services, with a size standard
of $15M. NAICS size standards may be accessed via the internet at www.sba.gov/size/.
Subcontractor shall be registered in the System for Award Management (SAM)
at https://www.sam.gov/portal/public/SAM/ prior to receiving payment from CDM Federal
Programs Corporation (CDM Smith) for services/materials/supplies, etc. Firms not willing to
register in SAM should not respond to this solicitation.
In accordance with Federal Acquisition Regulations (FAR) 52.204-10 Reporting Executive
Compensation and First-Tier Subcontract Awards (July 2010), all awards greater than $25,000.00
will be entered into www.fsrs.gov by CDM Smith.
3.
It is the responsibility of the responding firm to read and become completely familiar with all
information in this Invitation for Bid (IFB). Failure to become familiar with the IFB and the
desired services will be at the bidder's risk. Additionally, the bidder must be familiar with the
procedures, conditions and requirements associated with performing the services described in
the IFB.
Bidders are responsible for checking the CDM Smith solicitation posting page
at http://cdmsmith.com/Shared-Items/Solicitations.aspx for amendments issued prior to
bid/proposal submittal.
4.
The service order document CDM Smith intends to use for this project will be based on the
sample Service Order Agreement included in Part 7 of this IFB. A Service Order agreement
will be executed between CDM Smith and the selected Subcontractor. The Statement of
Work/Specifications included in this IFB will be incorporated into the agreement. The Bid
Sheet included in this IFB will become an Attachment to the Subcontract.
Liquidated Damages of $800.00 per day will be assessed against the Subcontractor for
mechanical and equipment failures, missing equipment, supplies or delays caused by the
Subcontractor in excess of 8 hours.
5.
A representative of the Contractor will be present during all site related activities. Activities
included in the Statement of Work/Specifications shall commence within ten (10) business days
upon issuance of a Notice to Proceed by the Contractor.
IFB-1
6.
It is anticipated that the Subcontractor(s) will mobilize and begin work in July 2016 and
complete the work described herein in accordance with the schedule provided in the Statement
of Work specifications (Part 3).
7.
Firms that do not have the ability to meet this schedule should not submit a bid. Please notify
Stephanie Kimble, Subcontract Administrator, in writing, if a bid will not be submitted. A brief
explanation as to why the firm is declining to submit a bid should be submitted if the firm
wishes to remain on CDM Smith’s bidders list.
8.
The Subcontractor(s) must be capable of successfully completing all of the requirements in the
Statement of Work/Specifications. While use of lower-tier subcontractor(s) are permissible for
completing the required work, all lower-tier subcontractor(s) must fully comply with all terms,
conditions and requirements of any resulting agreement between the Contractor and the
Subcontractor.
9.
The Subcontractor shall have the ability to work at safety protection levels C and D. The
Subcontractor and lower-tier subcontractor(s) must comply with all required Health and Safety
regulations. The bidder is referred to Part 4 for Health and Safety guidelines.
10.
Evaluation Criteria: Upon CDM Smith's determination that the bidder is responsible and has
completely and satisfactorily responded to each and every submittal required by the solicitation
and particularly those items listed in Item 12, award will be based on lowest priced responsive
and responsible bidder.
11.
The unit and lump sum price bid shall include all costs for providing the services described
herein, including, but not limited to, costs of the following: equipment, materials, supplies,
labor (including overtime), shipping and per diem, as required in the Statement of
Work/Specifications, overhead, profit, insurance, permit and licenses; taxes and the
conformance with all health and safety protocols, as well as Federal, state and local
requirements necessary to perform the required work.
12.
Bids shall be submitted electronically (contained in 1 email, 2 separate .pdf files) in the order
specified below:
A.
Price Submittal (pdf File 1)
(1)
Completed Bid Sheet and Conflict of Interest Statements (Part 5) - Altering the
bid sheets may render a bid non-responsive. Combining of cost elements
identified in the bid sheet is not acceptable.
(2)
Completed and executed Representations and Certifications (Part 6).
(3)
Generic Certificate(s) of Insurance (Proof of Insurance) for the specific types
and values indicated in the article entitled Insurance in Attachment E,
Minimum Insurance Required, of the Sample Standard Service Order (Part 7),
including Pollution Liability Insurance.
IFB-2
B.
Technical Submittal (pdf File 2)
(1)
(2)
Three (3) client references for which the bidder has had similar work
experience performing services as identified in the Statement of Work.
References must include project name, summary of activities, date(s) work was
performed, client name, address, contact name and telephone number.
Identification of three (3) references of any potential lower-tier
subcontractors who will be responsible for conducting the work specified.
All applicable information requested in this Item 12 for the bidder must also
be supplied in the format requested in Item 12 for any potential lower tier
subcontractors.
If no lower-tier subcontractors will be responsible for conducting the work
specified, this must be indicated in the required technical submittal.
(3)
Resume(s) of key personnel with comparable experience who will be
responsible for the work specified in the Statement of Work/Specifications.
(4)
Copy of applicable State of Pennsylvania, Berks County and local licenses
required to complete the services described in the Statement of
Work/Specifications.
(5)
The bidder shall specify the office location(s) supplying any heavy
equipment (e.g., each drill rig) that will be committed to this job, and the
base location of project personnel. The bidder must demonstrate in the
technical submittal that they shall have available, the equipment required
by the Statement of Work/Specifications.
(6)
The bidder must supply a listing of the types of equipment that will be used
on this project, which must include manufacturer, technical data, and mill
certificates (as applicable). The equipment, materials and supplies to be
used during the performance of the Statement of Work shall meet the
minimum specifications as presented in Statement of Work/Specifications.
(7)
Identification of the location of the bidders' proposed equipment
maintenance facilities.
(8)
Ability to comply with the schedule as stipulated in the Statement of Work.
(9)
Written evidence that the bidder's health and safety plan is in full
compliance with all CDM Smith requirements as stipulated in this
solicitation.
(10)
Certificates of 40-hour basic and current 8-hour refresher course of OSHA
hazardous waste health and safety training of all personnel who will be
IFB-3
working on the site. The Subcontractor shall also certify that all personnel
working on the site are included in a medical monitoring program as
required under OSHA Safety and Health standards.
Alternate bids will not be considered.
13.
Bidders shall submit responses to this solicitation via email in the format specified in item
12 above no later than 4:00 p.m. prevailing VA time on June 21, 2016. Bids must be
received in the CDM Smith email system no later than the due date and time indicated
herein.
Bids received after the date and time specified herein will be considered “Late”.
Responses, Intent Forms and all questions concerning this solicitation shall be submitted
to the following email address: [email protected].
The Subject Line for Bid submittal concerning this solicitation MUST read:
IFB-3330-049-006-SI/Bid Submittal/SKimble
14.
Questions pertaining to this solicitation must be addressed in writing and submitted via
email to CDM Smith by 2:00 p.m. prevailing VA time, June 13, 2016. The Subject Line
for Questions concerning this solicitation MUST read:
IFB-3330-049-006-SI/Questions/SKimble
Verbal explanations or instructions given before the award of the IFB will not be
binding. Any information given to a prospective bidder concerning the IFB will be
furnished promptly to all other prospective bidders as an amendment to the IFB, if that
information is necessary for submittal or if the lack thereof would be prejudicial to other
prospective bidders.
15.
Amendments. If this IFB is amended, then all terms and conditions which are not modified
remain unchanged. For amendments go to http://cdmsmith.com/SharedItems/Solicitations.aspx and locate the solicitation.
Bidders shall acknowledge receipt of any amendments to this IFB by identifying the
amendment number and date in the space provided for this purpose on the form for submitting
a bid (Part 5). CDM Smith must receive the acknowledgment by the time specified for receipt
of bids.
16.
All bids must remain valid for one hundred twenty (120) working days, excluding Saturdays,
Sundays and legal holidays, after the actual date the responses are due.
17.
Late submissions, modifications, and withdrawals of bids shall be administered by CDM Smith
in accordance with FAR 52.214.7. However, CDM Smith will not accept facsimile
submissions, modifications or withdrawals of bids. Written notice or telegram (including
mailgram) can be issued to withdraw a bid providing such notice is received by CDM Smith at
any time before the exact time set for receipt of bids.
IFB-4
18.
CDM Smith reserves the right to reject all bids and award a service order on what it determines
to be in the best interest of the Government and CDM Smith.
19.
This IFB does not commit CDM Smith to pay for any costs incurred in the preparation and
submission of technical and/or price submittals for any other costs that may be incurred prior
to the award of a service order agreement.
20.
Exceptions to the terms, conditions and requirements of this IFB, including but not
limited to the terms and conditions of the sample Service Order, may render a bid nonresponsive. All exceptions must be clearly identified in a cover letter submitted with the
Bid.
IFB-5
PART 2
RESERVED
PART 3
STATEMENT OF WORK/SPECIFICATIONS
PART 3 - STATEMENT OF WORK/SPECIFICATIONS
3.0
GENERAL INFORMATION
Under Work Assignment 049-RARA-03S2 for the United States Environmental Protection
Agency (EPA) Region III, Response Action Contract 2 (RAC II), the Contractor, CDM Federal
Programs Corporation (CDM Smith), is performing a Long-Term Remedial Action (LTRA) at
the Crossley Farm Superfund Site (Site), Operable Unit 2 (OU-2) in Hereford Township, Berks
County, Pennsylvania. The Site is located approximately 60 miles north-northwest of
Philadelphia (Figure 3-1).
CDM Smith is currently operating a groundwater pump and treat system (GWTS) to establish
hydraulic control of the Valley Plume Area of contaminated groundwater (defined by
trichloroethylene [TCE] concentrations greater than 1,000 micrograms per liter [μg/L]) at the
Site, downgradient of the Source Area (Figure 3-2). Operation of the GWTS reduces
groundwater elevations in targeted areas to pull contaminated groundwater toward the site,
limiting offsite migration of contaminants. During the ongoing operation of the GWTS, water
levels in the extraction and residential wells have been decreasing. At two residences located
near a GWTS extraction well, groundwater levels decreased to the point that the residential
wells went dry and were replaced with deeper wells. CDM Smith has identified four additional
residential wells at risk of going dry due to operation of the GWTS. The pump depth of three of
these four residential wells is not known, and the well depths have only been estimated using a
weighted tape. Additionally, the GWTS extraction wells require routine maintenance and/or
lowering of the submersible pump(s).
TCE concentrations at the three residential wells range from approximately 50 μg/L to 1,000
μg/L. TCE concentrations in the GWTS extraction wells range from approximately 1,000 μg/L
to 3,000 μg/L. Other volatile organic compounds (VOCs) are present in groundwater at the Site,
and generally are present at similar or lower concentrations than TCE concentrations. The total
depth of the three residential wells range from approximately 115 feet below ground surface (ft
bgs) to 300 ft bgs, and the total depth of the GWTS extraction wells range from approximately
318 ft bgs to 450 ft bgs.
3.1
OVERVIEW
This subcontract includes services and materials required to:

Measure the pump installation depth and borehole depth of three residential wells. This
will require removal and reinstallation of each well pump and associated piping and
wiring.

Lower the pump installation depth at extraction well EW-13 from its current position
(within the steel surface casing) to a position within the open bedrock borehole. This
will require removal of the well pump and associated piping and wiring, installation of
protective 8-inch PVC casing, and installation of the existing well pump on 3-inch
schedule 80 PVC riser piping with CERTA-LOK® connections, to the new installation
depth.

OPTIONAL – replacement of residential well submersible pump.
SOW-1

OPTIONAL – replacement of extraction well submersible pump.

OPTIONAL – downhole video to inspect wells.
The locations of the residential and extraction wells are shown on Figure 3-2. Pump hoist access
to the wellhead is possible at two of three residential wells (W-99 and W-100). The third
residential well (W-29) may require placement of heavy mats to protect the resident’s septic
tank and/or leach field to allow access via pump hoist. Alternatively, based on the resident’s
preference, removal of the pump at W-29 may require the use of an Up-Z-Dazy® or equivalent.
The GWTS extraction wells are located within vaults and can be serviced via pump hoist. The
period of performance extends to December 31, 2016.
3.2
EXECUTION
3.2.1 MOBILIZATION/DEMOBILIZATION
Subcontractor mobilization to the site is anticipated to occur in July 2016. The project support
area will be located in the parking lot near the GWTS, which is accessed from Huffs Church
Road.
A.
Mobilization/demobilization shall include the following:
1.
2.
Transportation of equipment and personnel to and from the site, including all
equipment described in Section 3.5.
Obtaining potable water:
 All water used in the completion of the Scope of Work shall be potable and
from a municipal water treatment system, or equivalent, designated by the
Subcontractor and approved by CDM Smith.

3.
4.
5.
6.
7.
The Subcontractor will collect, transport, and store the water in a clean vessel
at the project staging area designated by CDM Smith that will not adversely
impact the water quality prior to use. CDM Smith must approve the
transport and storage container prior to use.
Permits and licenses
Mobilization delay time of up to one hour prior to setting up at a well
Demobilization delay time of up to one hour subsequent to completion of work
at a well
Daily site and roadway clean-up to CDM Smith’s satisfaction.
All other costs not specifically included in other bid items.
B.
All material or equipment furnished under this item shall remain the property of the
Subcontractor and shall be maintained, cared for and disposed of by the Subcontractor.
C.
This item shall include all charges incidental to the Subcontractor's cost for safety
training and respiratory protective equipment for his employees including crew,
superintendent, and equipment operators. This item shall also include all other costs
incidental to this item.
SOW-2
3.2.2
A.
DECONTAMINATION PAD
The Subcontractor will build and maintain a CDM Smith-approved decontamination
pad in the project support area. The pad will be of sufficient size, as determined by the
Subcontractor, to contain water generated during decontamination. The pad will be
constructed with 6 mil plastic sheeting, plywood sheeting, lumber, hay-bales or other
suitable materials. The pad will be bermed and sloped such that decontamination fluids
can be conveyed from the pad to a tank. The pad will be covered so that rain water does
not accumulate within the pad.
B.
The Subcontractor shall take apart the decontamination pad at the conclusion of field
activities and place the collected materials into trash bags for disposal. Costs for the deconstruction of the pad shall be included in the cost for the pad. Disposal of the pad
material will be the responsibility of a separate CDM Smith subcontractor.
3.2.3
A.
EQUIPMENT DECONTAMINATION
All equipment decontamination will be conducted at the decontamination pad described
in 3.2.2.
B.
The cost of conveying decontamination water to the GWTS will be borne under the line
item for equipment decontamination.
C.
The cost of conveying decontamination water to the GWTS will be borne under the line
item for equipment decontamination.
D.
All equipment will be decontaminated before the equipment leaves the site at the
completion of the project.
3.2.4
A.
HANDLING OF INVESTIGATION DERIVED WASTE AND TRASH
Water Investigation Derived Waste (IDW) will be contained at the well location within
watertight, temporary containment (mud tub, poly tank, or equivalent).
B.
The Subcontractor will provide a tank truck, associated equipment (hoses, pumps, etc.),
and manpower to transport the IDW water from the well location to a holding tank
within the GWTS building.
The distance between the well locations and the GWTS building is less than two miles.
The roads between the well locations and the GWTS are located entirely within the Site;
therefore, the transport of water IDW from the residential property on Dale Road, Dairy
Land, and Huffs Church Road to the GWTS building will not trigger RCRA
transportation requirements. Secondary containment of tanks and hoses will not be
required; however, the Subcontractor will be required to store and transport IDW in
such a way to minimize or eliminate spillage
C. The Subcontractor shall place all PPE, tubing, decon pad materials, and general trash in
3-mil, 55-gallon trash bags (contractor bags). The bags can be disposed in the trash
dumpster at the GWTS.
3.2.5
A.
SITE RESTORATION
Restoration of all areas affected by the Subcontractor will include, but shall not
necessarily be limited to, filling ruts, top dressing and reseeding lawn areas disturbed
SOW-3
during site operations and replacement of damaged asphalt or concrete using cold patch
or concrete, respectively.
3.2.5
RESIDENTIAL WELL PUMP REMOVAL, INSPECTION, REINSTALLATION, AND
WELL DISINFECTION
At each of three residential wells, the Subcontractor shall remove the pump and associated
piping and wiring. The condition of pumps, piping, torque arrestors, wire guards, clamps,
safety rope, and wiring will be assessed, and the Subcontractor shall make necessary repairs or
replacements. While the pump is removed, the Subcontractor shall measure the well depth and
pump installation depth, then reinstall the pump and associated piping, torque arrestors, wire
guards, clamps, safety rope, and wiring. The Subcontractor shall follow the steps below
A.
Lockout power to well.
B.
Measure the depth to water at the residential well, to the nearest tenth of a foot.
C.
Remove pump and associated piping, accessories, and wiring from the residential
well for re-use.
D.
Measure the total depth of the well, to the nearest tenth of a foot, and inspect the pump,
piping, torque arrestors, wire guards, clamps, safety rope, pitless adapter o-rings, check
valves, and wiring for potential reuse.
E.
Make any necessary repairs so that the well, pump, wiring, and piping function
properly at the time of demobilization from the property
F.
“Shock” the well to disinfect.
G.
Reinstall original pump, wiring, torque arrestors, piping, and accessories, or substitute
new supplies and equipment, as determined by the Contractor.
H.
Connect pump wiring to household electrical service and temporarily direct pump
discharge piping to a portable tank.
I.
Operate the well pump for a sufficient time, as determined by the Contractor, until
the concentration of disinfection chemicals has reduced to acceptable levels.
J.
Connect pump discharge to house plumbing.
The Subcontractor is responsible for ensuring that the pump and piping operate to the
satisfaction of CDM Smith.
3.2.6 EXTRACTION WELL PUMP LOWERING
At extraction well EW-13, a 6-inch, 15-horsepower pump is currently installed on 2.5-inch
galvanized steel piping at a depth of approximately 135 ft bgs (Figure 3-3). The Subcontractor
shall remove the pump, piping, and wiring. After which, the pump will be reinstalled to a
depth not to exceed 350 ft bgs on 3-inch schedule 80 PVC piping (Figure 3-4). The total depth of
EW-13 is approximately 450 ft bgs. The Subcontractor shall make any necessary minor repairs
(e.g., replace corroded fittings) and reinstall pump on PVC piping to greater depth. The
Subcontractor shall follow the steps below.
A.
Lockout/tagout power to EW-13 control panel.
SOW-4
B.
Remove and salvage all pipe insulation and heat trace wire from well to first pipe union.
C.
Measure the depth to water, to the nearest tenth of a foot, in the extraction well.
D.
Remove transducer from well drop tube; disconnect transducer leads and vent in
electrical panel and deliver to Contractor. Note: Subcontractor shall install conduit
pull wire during transducer wire removal.
E.
Disconnect rupture disk alert sensor lead wires as necessary to remove vault piping.
F.
Remove existing vault piping from first union to flange joint below flow meter and
salvage for re-installation.
G.
Remove pump and associated piping and submersible power wiring from the
extraction well. Note: Subcontractor shall install conduit pull wire during pipe
power wire removal.
H.
Measure the total depth of the borehole to the nearest tenth of a foot and inspect the
pump, piping, and wiring for damage and wear.
I.
Install an 8-inch, schedule 40 PVC internal thread casing from approximately 400 ft bgs
to 6 inches below the top of the steel well casing. The PVC casing is designed to protect
the pump, as it is being installed into the open bedrock borehole, and may be subject to
rocks dropping from above the pump. Casing shall be 0.030 slot well screen from the 400
feet bgs to 150 feet bgs, and solid riser pipe from 150 ft bgs to the top of the borehole.
J.
Centralizers will be installed at 40 foot intervals within the 12-inch steel casing section
(approximately 0 ft bgs to 142 ft bgs).
The annular space between the 8-inch PVC casing and the 12-inch steel casing (to 142 ft
bgs), and between the 8-inch PVC casing and the 10-inch borehole will remain empty.
K.
The existing pump will be connected to new 3-inch schedule 80 PVC pipe with CERTALOK® type 304 stainless steel drop pipe adapter on both ends. Include 3-inch galvanized
steel coupler and 8-inch long galvanized steel pipe nipple for support lugs installation.
L.
Furnish and install new submersible pump wiring from electrical panel to pump,
estimated 400 linear feet. Wire shall be 3-#8 AWG; Type THW, 600-volt; 75° C, meeting
UL 83. Waterproof splices shall be made with aluminum splice lugs and heat shrink tube
with adhesive liners.
M.
Install salvaged PVC drop tube or furnish new 1-inch diameter, Schedule 10 PVC drop
pipe with internal threading.
N.
Install pump assembly to target depth, not to exceed 350 ft bgs.
O.
Provide steel 10-inch blind flange with 3.75-inch hole in center for riser piping, 1.375inch opening for 1-inch drop tube, and 1-inch hole for submersible wire penetration.
Align flange on steel casing utilizing ¼-inch stainless steel bolts with stainless steel
fender washers.
P.
Secure pipe riser assembly with heavy duty steel pipe clamp utilizing welded steel lugs
on top galvanized steel pipe nipple. Steel pipe lug bearing capacity shall be greater than
3,200 lbs.
Q.
Secure 1-inch PVC drop pipe with applicable clamp or glued fitting.
SOW-5
R.
Reassemble removed vault piping to connect pipe riser assembly with existing piping
union. May require new 3-inch galvanized steel pipe nipple to adjust for altered riser
pipe elevation in vault.
S.
Pull new wiring from vault to electrical panel and make new connections at panel.
T.
Install salvaged heat trace wiring and insulation, and verify proper heat trace
operation.
The Subcontractor is responsible for ensuring that the pump, piping, and all associated
components removed and/or installed operate to the satisfaction of CDM Smith.
3.2.7 OPTIONAL - REPLACE RESIDENTIAL WELL PUMP
At one or more residential wells, CDM Smith may instruct the Subcontractor to install a new
pump and extend the associated piping and wiring, following the steps below.
A.
Assess current well state of repair and technical specifications of the current well pump
to determine suitability of reuse at a greater installation depth. If CDM Smith determines
that the current well pump is unsuitable for reuse, a new pump of appropriate
specifications will be installed.
B.
Assess the technical specifications of the wiring and the residential service panel circuit
to determine suitability for reuse at a greater installation depth and possibly with a new
pump of differing current requirements. If CDM Smith determines that the electrical
circuit is unsuitable for use, the Subcontractor will perform the necessary upgrades to
the electrical circuit including, but not limited to upgrading the amperage on the pump
circuit breaker.
C.
Assess the discharge piping for reuse and extension to greater depths. The Subcontractor
shall lengthen or upgrade piping, as directed by CDM Smith.
3.2.8 OPTIONAL - REPLACE EXTRACTION WELL SUBMERSIBLE PUMP
At one or more extraction well, the Subcontractor shall replace the extraction well pump as
described in section 3.2.7.
3.2.9 OPTIONAL - COLLECT BOREHOLE VIDEO
At one or more extraction well, the Subcontractor shall collect a borehole video of the entire
uncased portion of the borehole.
A.
The video log will be performed using sufficient light intensity, lens quality, and
recording resolution so that features of interest (e.g., fracture aperture, particle flow
direction, scaling and/or biofouling along fracture faces) can be identified.
B.
The video will be collected in standard view down, with stoppage of downward
progress to pan and tilt to view features of interest.
C.
An electronic copy of the video log in a standard format (proposed format to be
provided in the bidder’s response) will be provided to CDM Smith at the end of the day.
SOW-6
3.2.10 OPTIONAL - STANDBY TIME
A.
The Subcontractor may be able to charge standby time if delays occur which necessitate
cessation of work. All standby time must be pre-approved by CDM Smith. Standby time
will not be allowed for time required to decontaminate equipment. Standby time will
not be allowed while welds are cooling or while adhesives are curing.
B.
CDM Smith's field representative must be notified immediately of the Subcontractor's
intent to charge standby time. CDM Smith and the Subcontractor must agree upon the
start and end of standby time. The Subcontractor, prior to approval for payment of
standby time, must provide written documentation of standby time to CDM Smith. Both
the Subcontractor and CDM Smith will jointly record and verify any and all standby
time involved.
C.
Delay time incurred by the Subcontractor's inability to proceed with the work will not be
included in standby time. Only delay time resulting from CDM Smith’s inability to
proceed with the work may be billable as standby time.
D.
Standby time will not result from: difficult mobilization/demobilization of equipment,
personnel, or materials; breakdown of the Subcontractor's equipment; late arrival of
materials, equipment, labor, or tools; untimely arrival at the site; or weather related
delays (e.g., thunderstorms, flooding, ice and snow).
3.3
3.3.1
A.
GENERAL INFORMATION
PROJECT SCHEDULE AND NOTIFICATION
The Subcontractor shall be able to commence site work within ten (10) working days of
issuance of a Notice to Proceed by CDM Smith. The Subcontractor must fully comply
with the schedule (See Table 3-1). CDM Smith reserves the right to revise the schedule to
meet project requirements. Field work is anticipated to start in July 2016.
B.
At least one week prior to the commencement of work, a conference call will be
scheduled to discuss the proposed work schedule and logistics.
C.
On the first day of work, the Subcontractor and the CDM Smith onsite representative
will tour the site to familiarize the Subcontractor with site features and address any
questions.
D.
The Subcontractor shall notify, in writing and within 24 hours, the CDM Smith
Contracting Officer or Project Manager of any anticipated delays in the agreed upon
schedule or changes in equipment or personnel.
E.
The Subcontractor shall not perform any mobilization or field work without first
notifying the CDM Smith Contracting Officer or Project Manager.
F.
The Subcontractor's foreman shall review the progress with the CDM Smith onsite
representative on a daily basis. A daily form which lists pay items as they are listed on
the bid form will be completed, signed by the Subcontractor’s foreman and the CDM
Smith onsite representative, and submitted to the CDM Smith onsite representative at
the end of each day.
SOW-7
G.
The anticipated daily start time is 7:00 a.m. The work day shall consist of 10 hours of
work on-site excluding travel time and time spent at lunch, Monday through Friday.
CDM Smith reserves the right to revise the schedule based on project requirements. All
overtime is the responsibility of the Subcontractor.
H.
Liquidated damages of $800 per day will be assessed against the Subcontractor for
mechanical and equipment failures, and/or other project delays caused by the
Subcontractor in excess of 8 hours.
I.
The Subcontractor must obtain prior written authorization from the CDM Smith
Contracting Officer for all additional level(s) of effort beyond those stated in this
Statement of Work. Additional level(s) of effort may require prior written consent from
the EPA Contracting Officer. Should the Subcontractor fail to obtain prior written
authorization from the CDM Smith Contracting Officer in the performance of any
additional level of effort beyond this Statement of Work, such effort performed will be
wholly at the Subcontractor’s risk.
3.3.2
A.
QUALIFICATIONS
The Subcontractor shall be a Pennsylvania Licensed Water Well Driller and shall employ
only qualified personnel for the execution of this work.
B.
The Subcontractor shall certify, at least 5 days before commencing field activities, that all
Subcontractor personnel performing work on the site are qualified workers and have
up-to-date health and safety training in accordance with 29 CFR 1910 and 1926. The
Subcontractor shall also certify that personnel working at the site are included in a
medical monitoring program as required under OSHA Safety and Health standards.
C.
The Subcontractor shall be capable of using the methods called for in this Scope of
Work. The Subcontractor must maintain complete and current logs and daily notes to be
submitted to CDM Smith. All work shall be performed under the direct supervision of
personnel qualified for the execution of this work.
D.
The Subcontractor shall be capable of providing the types and quantities of equipment
and materials necessary to complete the anticipated work as defined in this Statement of
Work/Specifications.
E.
CDM Smith reserves the right to have the Subcontractor remove and replace
Subcontractor and/or lower-tier Subcontractor personnel deemed in view of CDM
Smith to be unqualified or otherwise unacceptable for this particular project. Such
removal and replacement of personnel shall be wholly at the Subcontractor's expense.
3.3.3
STANDARDS AND REGULATIONS
A.
The Subcontractor shall be familiar with and comply with the rules and regulations that
apply to work performed under this agreement. When no reference is made to a code,
standard, or specification, the standard specifications of the ASTM, the ASTI, the ASME,
the IEEE, or the NEMA will govern.
B.
The latest revisions of applicable AWWA, ASTM, and API standards shall apply.
SOW-8
C.
The use of grease, oil or other petroleum based lubricants on any other downhole
equipment is strictly prohibited.
3.3.4
A.
SUBCONTRACTOR'S EQUIPMENT AND MATERIALS
All equipment, materials and methods to be used by the Subcontractor shall be subject
to approval by CDM Smith before the work is started. However, approval of the
equipment, materials and methods shall not be construed as approval of the
performance thereof.
3.3.5
A.
RECORDS
A detailed Daily Report shall be maintained by the Subcontractor and be submitted
daily to CDM Smith. The report shall include all applicable items listed on the bid sheet.
B.
The Subcontractor shall furnish the CDM Smith onsite representative with every
reasonable facility and assistance for maintaining records and ascertaining whether or
not the work was performed in accordance with the requirements and intent of this
Statement of Work/Specifications. CDM Smith reserves the right to indicate in what
sequence the work shall be undertaken, suspended or completed.
C.
All data and materials obtained and/or created as a result of this contract shall become
the property of CDM Smith and the Government and shall be turned over to CDM
Smith for release to the Government upon completion of this contract. Information
cannot be released by CDM Smith without permission from the Government.
3.3.6
A.
SUBMITTALS
Upon request from CDM Smith, the Subcontractor shall furnish satisfactory evidence
such as invoice documentation, manufacturer’s certification and/or warranty
documentation that all materials to be furnished in performing the specified work are
new and that all equipment to be used is in good working order.
B.
The Subcontractor shall submit a complete list of construction materials and supplies
(including the name of the manufacturer, technical data and mill certificate) to CDM
Smith for approval to confirm compliance with the materials specified in this SOW. The
list of supplies and materials includes, but is not necessarily limited to, the following:
1. 3-inch schedule 80 PVC riser piping and submersible pump power wiring.
2. Residential well piping and wiring including 200-psi HDPE 1-inch piping and 2
and 3-wire #8 and #10 submersible pump wire.
3. 8-inch, schedule 40 PVC casing.
4. Miscellaneous items.
C.
The Subcontractor shall supply training records, medical certificates, and respirator fit
test certification for each Subcontractor employee assigned to work at the Site. The
Subcontractor shall provide documentation of current medical physicals for all
personnel at the Site. Additional documentation indicating that Subcontractor personnel
have completed (and updated) the OSHA 29 CFR 1910.120 40-hour Hazardous Waste
Operations and Emergency Response course and fit test certificates shall be required.
SOW-9
D.
The Subcontractor shall send copies of all forms and daily notes to CDM Smith.
3.3.7
A.
QUALITY ASSURANCE/QUALITY CONTROL
The Subcontractor shall implement a quality assurance/quality control (QA/QC)
program to achieve the objectives of this SOW. At a minimum, the Subcontractor shall:
1.
Permit on-site audits/inspections of all work completed under this Subcontract
by CDM Smith or an authorized designate, for adherence to QA/QC
requirements.
2.
Maintain detailed documentation of site activities as stated in this Statement of
Work. Daily detailed reports shall be maintained by the Subcontractor and
submitted to CDM Smith at the end of each workday (see Section 3.3.7).
3.
Furnish duplicates of reports to CDM Smith upon completion of operations at
each well.
4.
Notify CDM Smith of issues that may affect quality or performance of work and
corrective actions taken.
5.
Subject all submittals to a thorough quality control review prior to submitting to
CDM Smith.
3.3.8
A.
ENFORCEABILITY
If the Subcontractor does not fulfill quality assurance/quality control requirements, the
Subcontract may be suspended and/or terminated in accordance with the applicable
default termination.
B.
Any disregard for the provisions of the Health and Safety requirements in this
Subcontract shall be deemed just and sufficient cause for termination of this Subcontract.
3.3.9
A.
PROJECT SUPPORT AREA AND SECURITY
The GWTS area at the Crossley Site will be available to the Subcontractor to store
equipment and stockpile supplies. The Subcontractor will transfer IDW water from
mobile tanks to the equalization tank of the GWTS.
B.
The Subcontractor is responsible for providing all water necessary for site activities and
decontamination. Similarly, the Subcontractor is responsible for securing proper electric
power for all site activities and decontamination.
C.
The project support area is not fenced off and is not secure. The Subcontractor shall be
responsible for providing temporary fencing, as the Subcontractor deems necessary,
around their equipment and all stockpiled materials to discourage theft and vandalism.
CDM Smith shall not be responsible for any of the Subcontractor's material or
equipment being vandalized, stolen or otherwise rendered unsuitable for use on this
project.
SOW-10
3.3.10 SITE ACCESS
A.
CDM Smith, prior to commencement of the work, shall arrange access to the site and
surrounding areas. The Subcontractor shall notify CDM Smith a minimum of five
working days prior to the date the Subcontractor desires access.
3.4
SITE HEALTH AND SAFETY
A.
All Subcontractor personnel working on the site shall meet the OSHA training and
medical monitoring requirements contained in 29 CFR 1910.120. The Subcontractor shall
provide CDM Smith with certification that each of its onsite employees meet the above
requirements prior to assignment of each employee to the site. The Subcontractor shall
also provide a physician's certification of fitness to wear a respirator for each on site
employee in accordance with 29 CFR 1910.123.
B.
CDM Smith or the EPA will not assume responsibility for the safety of Subcontractor
personnel but will make available the site specific Health and Safety Plan (HASP). In
addition, the recommendations of CDM Smith's on-site Health and Safety Officer must
be followed as a minimum.
C.
The Subcontractor shall have Level C personal protective equipment available on site for
all on site employees. Required equipment for each level of protection is contained in the
HASP in Part 4.
D.
Vehicle and equipment decontamination shall be performed in Modified Level D
protection. The Subcontractor shall supply all required protective equipment for its
onsite employees.
3.5
3.5.1
A.
MATERIALS/PRODUCTS
INTRODUCTION
The Subcontractor shall supply all necessary equipment and materials to complete the
work as described in this specification regardless of whether or not the equipment and
materials are listed below.
B.
The equipment and materials outlined below shall be stockpiled in the on-site project
support area for use as necessary. All materials shall be brought to the site clean and in
new condition and kept clean and in satisfactory condition throughout the duration of
the Subcontract. The Subcontractor shall be responsible for the security of all stockpiled
materials and equipment. CDM Smith will not be responsible for any of the
Subcontractor's material or equipment being vandalized, stolen or otherwise rendered
unsuitable for use on this project.
3.5.2
A.
WELL SERVICING EQUIPMENT
One pump hoist capable of completing the extraction well and residential well services
in accordance with the Scope of Work, including:
1.
Removal and reinstallation of 4-inch submersible pumps and discharge piping of
various types from residential wells from depths of up to 400 ft bgs.
SOW-11
2.
Removal of 4-inch and 6-inch submersible pumps and schedule 40, 2.5-inch
galvanized steel discharge piping from extraction wells up to 269 ft.
3.
Reinstallation of 4-inch and 6-inch submersible pumps on 3-inch piping to
depths of up to 400 ft bgs.
4.
Setting 6-inch or 8-inch schedule 40 PVC casing to depths of up to 450 ft bgs.
B.
Up-Z-Dazy® or equivalent.
C.
Generator and arc welder.
D.
Water truck and associated pumps, hoses, etc., capable of supplying sufficient quantities
of potable water from an off-site potable municipal water supply for daily well servicing
activities (e.g., flushing potable water into the well after disinfection).
E.
Vehicles, tanks, hose, and pumps for containing, transporting, and pumping IDW from
wells to GWTS (e.g., discharge of groundwater after disinfection and testing operation of
newly installed pumps).
F.
Auxiliary vehicles (pickup and flatbed trucks, etc.) as necessary for hauling tools or
retrieving supplies.
G.
Suitable volume, watertight tub for capturing water at the well head.
H.
This list is intended to indicate the type of equipment and capabilities required and is
not intended to be an exhaustive list. The Subcontractor must provide all equipment,
tools, and supplies to complete the Scope of Work.
3.5.3
A.
PIPING
PVC and HDPE pipe shall comply with the latest revisions of applicable AWWA,
ASTM, and API standards.
B.
Existing piping will be used if possible for re-installation in residential wells. Where the
piping is not appropriate for reuse, PVC or HDPE piping of appropriate schedule and
diameter will be used. Any new piping shall comply with the latest revisions of
applicable AWWA, ASTM, and API standards.
3.5.5
A.
DISINFECTION
The Subcontractor shall disinfect each residential well through chlorination to kill any
microorganisms that might have been introduced during construction (i.e., shocking the
well).
3.5.6
A.
SAFETY EQUIPMENT
The Subcontractor shall provide for his employees all clothing and equipment necessary
to comply with the health and safety requirements specified in Part 4, Health and Safety
Plan. All necessary equipment shall be at the site and readily available to the
Subcontractor’s employees and shall be in conformance with the project Site Safety and
Health Plan (see Part 4). All safety equipment shall meet the requirements of
NIOSH/OSHA.
SOW-12
B.
CDM Smith will monitor the breathing zone for VOCs at the top of each boring with a
photoionization detector (PID) or other equivalent monitoring device. Field monitoring
will be conducted to provide information for personnel health and safety.
3.6
DEFINITION OF BID ITEMS
Item 1 – GENERAL CHARGES
Item 1a –Mobilization and Demobilization
The bid price charged for mobilization and demobilization shall include all charges
incidental to equipment set-up and removal, in order that the charges need not be
distributed among the more variable items of the Subcontract. This item will be paid at
the bid lump-sum price and will include charges for:
•
•
•
•
•
•
•
•
•
•
Transportation for personnel and equipment to and from the site
Incidental tools and materials including pumps and hosing for handling water
Obtaining potable water
Permits, licenses, and utility locates
Pre-activity equipment clean-up to CDM Smith’s satisfaction
Mobilization delay time of up to one hour prior to setting up on each well
Delay time of up to one hour maximum after completing activities at each well
Demobilization delay time of up to one hour maximum subsequent to activities
at the last well
Daily site clean-up to CDM Smith’s satisfaction
All other costs not specifically included in other bid items
All material or equipment furnished under this item shall remain the property of the
Subcontractor and shall be maintained, cared for and disposed of by the Subcontractor.
This item shall also include all charges incidental to the Subcontractor’s cost for safety
training, and respiratory protective equipment for his employees including site crew,
superintendent, and equipment operators.
Item 1b – 3-Person Crew Per Diem
This item will include per diem costs to cover room and board for the Subcontractor's
personnel. This item will be paid at the unit price bid per 3-person crew. Any crew day
where less than 3 personnel are onsite will be paid based only on the actual onsite
personnel (e.g., a crew of two personnel will be paid at 2/3 of the full rate for each 10hour workday).
Item 1c - Decontamination Pad
This item will be paid at the bid lump sum price and will include charges for the
construction and dismantling of the decontamination pad according to the design
submitted by the Subcontractor with the bid and approved by CDM Smith.
SOW-13
Item 1d - Steam Cleaning
The charges for decontamination will consist of the labor, equipment, and materials
required to steam clean the equipment in accordance with this SOW. This item will be
paid at the bid unit price per crew hour. Time will be incurred when the steam-spray
contacts the equipment and when the act of steam-spraying is ended. Travel to or from
the decontamination pad is not included in this item.
Item 1e – Transportation of Water IDW to GWTS
This item includes the labor, equipment, and materials required for transporting water
IDW via truck from the well location to the GWTS. This item includes the time to
transport water from the well the GWTS and the time to pump off water from tank truck
to the GWTS floor sump. This item will be paid at the unit price bid per crew hour. This
item does not include any time incurred to pump or otherwise convey water IDW from
the well head to the tank truck.
Item 1f – Restoration
This item shall be paid for at the bid unit price per crew hour for restoration of all areas
affected by the Subcontractor to including, but not limited to, filling ruts, top dressing
and reseeding lawn areas disturbed during site operations and replacement of damaged
asphalt or concrete using cold patch or concrete, respectively.
Item 2 – RESIDENTIAL WELL ASSESSMENT
Item 2a – Labor for Removal/Reinstallation of Pump, Discharge Piping, and Wiring
This item will be paid on a crew hourly rate basis for removal and reinstallation of
pump (to the original depth, or to a lower pump installation depth), discharge piping,
wiring, and disinfection of the well as described in Section 3.2.5. This line item includes
all labor, equipment, tools, etc., required for the work. Materials required to perform line
item 2a will be paid under line item 2b.
Item 2b – Materials for Reinstallation of Residential Well Submersible Pump
This item will be paid on a per foot basis for parts and materials, including piping,
wiring, torque arrestors, wire guards, clamps, safety rope, pitless adapter o-rings, check
valves, and any other miscellaneous fittings or components required to reinstall an
existing or new residential well pump (to the original depth, or to a lower pump
installation depth). This line item does not include any costs for a new replacement
residential well pump, which will be paid under line item 4a, if required.
ITEM 3 – EXTRACTION WELL PUMP LOWERING
Item 3a – Labor to Remove and Reinstall Extraction Well Pump, Discharge Piping, and
Wiring
This item will be paid on a crew hourly rate basis for labor to remove and reinstall an
extraction well pump, discharge piping, and wiring. It shall include all labor,
equipment, and tools, and miscellaneous supplies etc., for the work as described in
Section 3.2.6. Materials required to perform line item 3a will be paid under line items 3c,
3d, and 3e. This line item does not include any costs for a new replacement extraction
well pump, which will be paid under line item 4b, if required.
SOW-14
Item 3b – Labor to Remove, Modify, and Reinstall Extraction Well Vault Piping
This item will be paid on a crew hourly rate basis for labor to remove and reinstall
groundwater discharge piping within the well vault to gain access for pump removal.
Included is removal of pipe insulation, heat trace components, and instrumentation
connections. It shall include all labor, equipment, tools, and miscellaneous supplies for
the work scope as described in Section 3.2.6.
Item 3c – 8-inch Schedule 40 PVC Casing
This item will be paid on a per foot basis for installation of 8-inch schedule 40 PVC
casing within the borehole.
Item 3d – 3-inch Schedule 80 PVC Discharge Piping with CERTA-LOK® connections
This item will be paid on a per foot basis for furnishing of 3-inch schedule 80 PVC pump
riser piping with CERTA-LOK® connections.
Item 3e – #8 AWG 3-Wire Submersible Pump Cable
This item will be paid on a per foot basis for furnishing of #8 AWG 3-wire submersible
pump power cable wiring from pump to control panel, including water proof
connections at the submersible pump and the final terminations in the control panel.
Item 3f – Pump Mounting System
This item will be paid on a lump sum basis for labor, equipment, tools, and materials
required for furnishing and installing all components required to securely support the
suspended pump assembly as described in Section 3.2.6 or approved alternate method.
OPTIONAL WORK
Item 4a – New Residential Well Submersible Pump (Optional)
This item will be paid on a cost-plus-10% markup basis to provide a new residential well
submersible pump.
Item 4b – New Extraction Well Submersible Pump (Optional)
This item will be paid on a cost-plus-10% markup basis to provide a new extraction well
submersible pump.
Item 4c – Borehole Video (Optional)
The task description is included in Section 3.2.9. This item will be paid at the bid unit
price per crew day.
Item 4d – Standby Time (Optional)
The task description is included in Section 3.2.10. This item shall be paid for at the bid
unit price per crew hour for acceptable standby time encountered by the Subcontractor.
Both the Subcontractor and CDM Smith will jointly record and verify any and all
standby time involved. Daily, an agreement will be reached by the Subcontractor's
foreman and the CDM Smith onsite representative as to the total number of standby
hours and fractions thereof.
SOW-15
TABLES Page 21 of 24 TABLE 3-1
Project Schedule
Crossley Farm Superfund Site
Hereford Township, Berks County, Pennsylvania
ITEM
Commence field operations
Conference call to discuss scope, logistics and
schedule
Submittals (Section 3.3.6)
Notice to CDM Smith regarding access
requirements
Update to Health and Safety records:
documentation of fit tests, current health and
safety training, and physical fitness
Submit copies of permits or required forms
Utility locate documentation
Records (Section 3.3.5)
Invoices
DUE
Within 10 working days of receipt of notice to
proceed.
5 working days prior to start date
5 working days before the start of field work
5 working days prior to start of field work
5 working days prior to the start of field
work
2 working days prior to the start of field
work
Prior to commencing work at each location,
may be submitted on an on-going basis
Daily during field work
30 calendar days after starting field work and
every 30 calendar days thereafter for the
duration of the project
SOW-16
FIGURES SOW‐25 F:\Crossley Farms\GIS\Projects\Hydrogeological Report\Addendum\Site_Location.mxd
±
Legend
Site Parcels
H
!
Extraction Well
10-ft Topographic Contour (ft amsl)
Pond
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Hu
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Treatment Plant
Ch
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Ro
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700
600
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Area 1
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2,000
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Berks County, Pennsylvania
Figure 3-1
Site Location Map
F:\Crossley Farms\GIS\Projects\Residential\Residential_Well_Service_Locations_rev.mxd
Notes
1) µg/L - micrograms per liter
2) TCE - trichloroethylene
±
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Project:
Location:
Barto, PA
Drilling Company:
Drillers:
Drill Rig/Model:
Supervisor Geologist:
Total Depth: 450 ft
Actual Yield: 53 gpm
TOC Elevation: 673.72 ft amsl
Ground
Surface
Well No.: EW-13
Activity
Concentrix Drilling (12")
Geophysical Testing
Packer Testing
Air rotary drilling (10")
Packer Testing
Vault
Casing Material:
Screen Material:
Slot Size:
Filter Material:
P
142 ft
12"
Eichelbergers
Carey Knaub
Ingersol Rand T-4
S. Barden, C. O'loughlin
Depth
Started Completed
7/23/2012 7/29/2010
0-142 7/30/2010 7/30/2010
8/10/2012 8/13/2010
8/19/2010 8/24/2010
142-400
8/25/2010 8/25/2010
9/8/2010
400-450 9/7/2010
Steel
N/A
N/A
N/A
Seals Material: N/A
Grout: N/A
Surface Completion: Well Vault
Pump Depth: 135 ft
Pump Type: Grundfos 85S150-13, 6" dia, 15 hp
Groundwater Results Summary
Depth (ft bgs)
Date
TCE Concentration (ug/L)
Samples Collected During Drilling
75
7/26/2010
2200
181
7/29/2010
2100
400-450
9/8/2010
2000
Samples Collected During Packer Testing
0 - 147
8/12/2010
3400
180-196
8/12/2010
6200
240-256
8/11/2010
3500
250-266
8/11/2010
5300
264-280
8/11/2010
4700
285-300
8/13/2010
3100
350-40
8/26/2010
2900
400 ft
450 ft
10"
8"
Figure 3-3
Well Construction Summary
Project:
Location:
Barto, PA
Well No.: EW-13
Drilling Company:
Drillers:
Drill Rig/Model:
Supervisor Geologist:
Total Depth: 450 ft
Actual Yield: 53 gpm
Eichelbergers
Carey Knaub
Ingersol Rand T-4
S. Barden, C. O'loughlin
TOC Elevation: 673.72 ft amsl
Ground
Surface
Activity
Concentrix Drilling (12")
Geophysical Testing
Packer Testing
Packer Testing
Vault
Depth
Started Completed
7/23/2012 7/29/2010
0-142 7/30/2010 7/30/2010
8/10/2012 8/13/2010
8/19/2010 8/24/2010
142-400
8/25/2010 8/25/2010
9/8/2010
400-450 9/7/2010
Casing Material:
SteelDuty Riser
Heavy
Screen Material:
N/A
Clamp with lugs
Slot Size: N/A
Filter Material: N/A
10 inch Blind
P
142 ft
12"
Seals Material: N/A
Flange
Grout: N/A
Surface Completion: Well Vault
Pump Depth: 135
ft
8-Inch
Pipe Nipple
Pump Type: Grundfos 85S150-13, 6" dia, 15 hp
PipeSummary
Coupler
Groundwater Results
Depth (ft bgs)
Date
TCE Concentration (ug/L)
CERTA
LOK
Samples Collected
During Drilling
75
7/26/2010 MPT Adapter
2200
181
7/29/2010
2100
400-450
9/8/2010
3-inch SCH 2000
40PVC
Samples Collected During Packer Testing
riser pipe with
0 - 147
8/12/2010
3400
180-196
8/12/2010
CERTA LOK6200
joints
240-256
8/11/2010
3500
250-266
8/11/2010
5300
264-280
8/11/2010
4700
285-300
8/13/2010
3100
8-inch Sch 40 PVC
350-40
8/26/2010
2900
P
Slotted Screen
400 ft
450 ft
10"
8"
Figure 3-4
EW-13 Modifications
PART 4
HEALTH & SAFETY
PART 4 - HEALTH AND SAFETY
HAZARDOUS WASTE SITES/OPERATIONS
4.1
INTRODUCTION
A.
The following material outlines, generally, the relationship that CDM Smith maintains with
Subcontractors in health and safety related matters. It attempts to define the responsibilities that
each has as they relate to work associated with hazardous waste sites.
4.2
RESERVED
4.2.1
RESERVED
4.2.2
RESERVED
4.2.3
WORK ON HAZARDOUS WASTE SITES OR HAZARDOUS WASTE OPERATIONS
A.
The following protocols are intended to address OSHA 29 CFR 1910.120 regulations.
B.
The work to be carried out under these protocols is on or adjacent to a hazardous waste site or
operation. Hazardous materials are or may be present in the air, on the surface or subsurface.
These materials may require the use of protective clothing and respiratory protective equipment
to minimize chemical exposure. The Subcontractor and his employees shall implement and
maintain all appropriate procedures as they apply to Subcontractor's work prior to, during and
after performance of the work. Subcontractor is responsible for ascertaining the level of
protection for each task and assuring that its employees and its subcontractor employees are
properly equipped.
Subcontractor personnel must have the training and medical approvals required by the 29 CFR
1910.120 regulation. The Subcontractor and his employees shall implement and maintain all
appropriate procedures at least as strict as these as they apply to Subcontractor's work prior to,
during and after performance of the work, unless exempted as in 4.2.4, below.
C.
Subcontractor personnel must have the medical and training approvals required by the OSHA
Hazardous Waste Operations standard and described in Sections 4.3 and 4.4 of this protocol.
Subcontractor must certify that the personnel meet these guidelines.
D.
All personnel either in or adjacent to the work zone shall wear the appropriate protective
equipment.
4.3
HEALTH AND SAFETY PLANS - WORK ON HAZARDOUS WASTE SITES OR
HAZARDOUS WASTE OPERATIONS
4.3.1
SUBCONTRACTOR HEALTH AND SAFETY PLANS
A.
The Subcontractor shall develop and implement their own Health and Safety Plan (HASP). If
CDM Smith is required to develop a site HASP, a copy will be supplied to the Subcontractor.
HSP-1
Part 4
Rev Sept 2009
This HASP may be used as a guide to outline the minimum requirements of the Subcontractor's
HASP, but CDM Smith does not represent or warrant that it's HASP is an adequate or complete
guide for the Subcontractor's work and the Subcontractor remains fully responsible for the
adequacy and completeness of its own HASP. If the Subcontractor's work is essentially the same
as that described in the HASP, the Subcontractor may elect, with the concurrence of the CDM
Smith Health and Safety Manager, to utilize the provisions of the CDM Smith HASP in its
entirety. When this is permitted, all Subcontractor employees involved with the work will be
required to read and understand the contents of the HASP and sign the signature form contained
in the HASP. Prior to work on hazardous sites, the Subcontractor shall provide CDM Smith with
a fully completed and executed signature form, which acknowledge that the worker has read and
understood the HASP. The Subcontractor is fully responsible for the implementation and
maintenance of the requirements of the HASP.
B.
Subcontractor's HASP shall be consistent with the following requirements:
1.
OSHA Safety and Health Standards 29 CFR 1910 (General Industry), U.S. Department
of Labor, Occupational Safety and Health Administration. Hereafter, referred as "29
CFR 1910"
2.
OSHA 29 CFR 1910.120 Hazardous Waste Operations and Emergency Response, U.S.
Department of Labor, Occupational Safety and Health Administration
3.
OSHA Safety and Health Standards 29 CFR 1926 (Construction Industry), U.S.
Department of Labor, Occupational Safety and Health Administration
4.
Standard Operating Safety Guidelines, EPA Office of Emergency and Remedial
Response Publication 9285.1-03. Hereafter referred to as "EPA Guidelines"
5.
Occupational Safety and Health Guidance Manual for Hazardous Waste Site Activities,
U.S. Department of Health and Human Services, Public Health Service, Centers for
Disease Control, National Institute for Occupational Safety and Health.
6.
Client Health and Safety Requirements.
4.3.2
ADOPTION OF HEALTH AND SAFETY PLAN
A.
If the Subcontractor adopts CDM Smith’s Plan, the Subcontractor shall acknowledge this with
the signature of a designated representative on a letter accepting the plan. The letter will be
provided prior to commencing work activities. (CDM Smith does not warrant that the CDM
Smith Plan will be sufficient for Subcontractor's work. Subcontractor must make an independent
determination of the applicability of the CDM Smith Plan to the Subcontractor's work and must
comply with all applicable statutes, regulations and codes.)
B.
If the Subcontractor adopts the CDM Smith Plan, this plan becomes the responsibility of the
Subcontractor to implement as it pertains to Subcontractor's work. The Subcontractor assumes all
liabilities from such adoption and implementation.
C.
If a Subcontractor develops a health and safety plan, Subcontractor shall provide it to CDM
HSP-2
Part 4
Rev Sept 2009
Smith for review within five (5) days after award of this Subcontract, or at least five (5) days
prior to commencement of operations at the job site, whichever occurs last. Subcontractor shall
certify in writing its intention to adopt the CDM Smith Plan prior to commencement of operating
at the job site.
D.
The Subcontractor assumes all liabilities associated with the implementation of the Plan.
4.3.3
CONTENTS OF SUBCONTRACTOR HASP
A.
The Subcontractor's HASP shall include, but not necessarily be limited to, the following
components, as appropriate:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Characterization and Analysis
Safe Work Practices
Engineering Safeguards
Medical Surveillance
Environmental and Personal Monitoring
Personal Protective Equipment
Training
Standard Operating Procedures
Control and Decontamination
Emergency and Contingency Planning
Logs and Reports
Hazard Communication Program
Material Handling
Sanitation
Excavation
4.3.4
MODIFICATIONS TO HEALTH AND SAFETY PLANS
A.
Should the Subcontractor seek relief from, or substitution for, any portion or provision of the
Subcontractor's HASP, such relief or substitution shall be requested of CDM Smith in writing.
The requested modification will not be implemented until authorized by CDM Smith unless
necessary to prevent imminent danger to life, property or the environment.
B.
Subcontractor shall quickly notify CDM Smith, both verbally and in writing, of any unforeseen
hazard, safety related factor, or condition they observe during the work at the site. In the interim,
Subcontractor shall take prompt action to establish and maintain safe working conditions and to
safeguard employees, the public, and the environment in accordance with the HASP.
Should CDM Smith modify any portion or provision of CDM Smith’s Plan, CDM Smith will
notify the Subcontractor in writing of such modifications.
C.
4.3.5
ENFORCEABILITY
A.
If the Subcontractor does not fulfill these requirements the Subcontract may be suspended and/or
terminated in accordance with the applicable default termination clause in the subcontract. In the
event of suspension and/or termination, the Subcontractor will not be deemed eligible for standby
time or other compensation for down time during such periods. Failure to comply with these
HSP-3
Part 4
Rev Sept 2009
requirements, when failure impacts the performance schedule of the prime contract, may subject
the Subcontractor to claims for incidental or consequential damages.
B.
Any disregard for the provisions of these Health and Safety requirements shall be deemed just
and sufficient cause for termination of this subcontract.
4.4
MEDICAL SURVEILLANCE
4.4.1
PHYSICIAN'S CERTIFICATION
A.
The Subcontractor shall utilize the services of a physician to provide medical surveillance as
required by OSHA regulations. The physician's certification of each Subcontractor staff member
involved in performance of work under this subcontract shall be on file in Subcontractor's office
and available upon request by CDM Smith prior to the Subcontractor commencing work. The
certificate must bear the name of the employee and the signature of the physician. The physician
must certify that each individual is medically qualified to use respiratory protective devices for
the assigned work and is fit to perform the assigned work.
4.4.2
MEDICAL SURVEILLANCE PROTOCOL
A.
Medical surveillance protocol for the Subcontractor's employees is the responsibility of the
Subcontractor's physician. However, certification shall be provided that such medical
surveillance meets the requirements of OSHA Standards 29 CFR 1910.120 for all personnel.
4.4.3
FREQUENCY OF EXAMINATION
A.
Medical examinations must be provided in the following conditions:
1.
2.
3.
4.
More than a year has passed since the employee's last examination.
The employee is returning to work from a lost time or other short term
disability/situation or has reason to suspect that an acute exposure to a toxic or hazardous
material has occurred.
The examining physician requests it.
The employee leaves the company or transfers to a position which would not require
potential exposure to hazardous waste.
4.5
TRAINING
4.5.1
BASIC HEALTH AND SAFETY TRAINING
A.
The Subcontractor shall submit a statement indicating that personnel to be within the work zone
understand they are working on a hazardous waste site/operation and are trained and qualified in
compliance with 29 CFR 1910.120. In addition, all subcontractor personnel will be adequately
trained for the work to which they are assigned.
B.
Subcontractor's personnel must have completed the training requirements specified in the OSHA
regulations.
HSP-4
Part 4
Rev Sept 2009
4.5.2
SITE SPECIFIC TRAINING
A.
A site-specific training session for Subcontractor personnel scheduled to work on site will be
conducted by the Subcontractor prior to any work on site.
4.6
EQUIPMENT
4.6.1
PROVISION OF SAFETY EQUIPMENT
A.
Subcontractor shall supply all protective clothing and equipment necessary for their personnel
and maintained in accordance with the manufacturer's specifications. All equipment shall be
Mine Safety and Health Administration (MSHA)/NIOSH approved, if applicable.
4.6.2
ONSITE EQUIPMENT USE
A.
Subcontractor's personnel shall not enter an area to perform a task for which a respirator might
be required unless they are in compliance with 29 CFR 1910.134, Respiratory Protection. All
onsite personnel shall wear a hard-hat where required by the client, OSHA, state or local
regulations.
B.
All prescription eyeglasses worn on site shall be safety glasses. Subcontractor shall provide
prescription lens inserts for employees who need to wear full face respirators. Contact lenses are
prohibited inside respirators.
C.
All personnel protective equipment worn on site will be decontaminated and/or properly
disposed of at the end of the work day.
D.
All safety clothing, including work clothing and safety boots, which have entered the work zone
shall be properly decontaminated and/or disposed of.
4.7
PERSONAL HYGIENE
A.
Subcontractor personnel shall observe the following contamination control rules while on site.
B.
Eating, drinking, smoking, chewing gum or tobacco, and other practices that increase the
probability of hand-to-mouth transfer and ingestion of material is prohibited in any area
designated as a contaminated area.
C.
Hands and face shall be thoroughly washed upon leaving the work area and before eating,
drinking, smoking, etc.
D.
Whenever decontamination procedures for protective clothing are in effect, the entire body shall
be thoroughly washed as soon as possible after the protective clothing is removed.
E.
No facial hair which interferes with a satisfactory fit of a respirator mask-to-face-seal is allowed
on personnel required to wear respiratory protective equipment.
F.
The use of prescription drugs is prohibited unless documentation from the prescribing physician
HSP-5
Part 4
Rev Sept 2009
stating that the drugs will not interfere with the employee's ability to work is provided.
G.
Alcoholic beverages are prohibited and employees appearing to be under the influence of alcohol
or illegal drugs will not be allowed site access, or will be removed from the site.
4.8
SITE HEALTH AND SAFETY CONTROL
4.8.1
SITE HEALTH AND SAFETY COORDINATOR (SHSC)
A.
CDM Smith’s Site Health and Safety Coordinator (SHSC) is responsible to ensure that the CDM
Smith HASP is implemented and followed by CDM Smith employees. The SHSC may also
provide periodic observation of the Subcontractor activities for compliance with the
Subcontractor's HASP. The periodic observation by SHSC shall not relieve the Subcontractor of
its sole responsibility to comply with all applicable statutes, regulations and codes and it is the
Subcontractor not the SHSC who is solely responsible for the compliance of its employees.
4.8.2
AIR MONITORING
A.
Air monitoring for pollutants of concern may be performed by CDM Smith or others, unless
specifically assigned to the Subcontractor. Photoionization detectors (PIDs), organic vapor
analyzers (OVAs), and additional appropriate equipment may be used to measure and assess
chemical exposure. Results will be provided to the Subcontractor.
4.8.3
ACCIDENT REPORTING
A.
The Subcontractor will inform the CDM Smith SHSC, CDM Smith Health and Safety Manager
or the CDM Smith Project Manager as soon as possible, of any accidents, injuries, illnesses, or
environmental releases associated with this Subcontract.
HSP-6
Part 4
Rev Sept 2009
HEALTH AND SAFETY PLAN SOW‐27 HEALTH AND SAFETY PLAN FORM
CDM Smith Health and Safety Program
This document is for the exclusive
use of CDM Smith and its subcontractors
PROJECT NAME
Crossley Farm OU-2
PROJECT#
SITE ADDRESS
1272 Huffs Church Road
CLIENT ORGANIZATION
Barto, PA 19504
CLIENT CONTACT
Roy Schrock
CLIENT CONTACT PHONE #
215-814-3210
049-LRLR-03S2
REGION
3
USEPA
( X ) AMENDMENT TO EXISTING APPROVED H&SP?
(
) H&SP AMENDMENT NUMBER?
2
( 5/2013 ) DATE OF PREVIOUS H&SP APPROVAL
OBJECTIVES OF FIELD WORK:
(e.g. collect surface soil samples):
SITE TYPE:
Conduct electrical resistivity surveys, utility clearance, property
boundary surveys, and survey of new wells. Advance boreholes, collect
and analyze groundwater screening samples, conduct downhole
geophysicsal logging, packer testing, and well construction. Conduct
well rehabilitation. Collect groundwater samples from monitoring wells
and springs. Collect tap samples from residential wells, extraction wells
and treatment system. Collect air samples from treatment system
VGAC vessels. Perform O&M activities for treatment system, including
carbon changeout.
Active
( )
Landfill
( )
Unknown
( )
Inactive
(X )
Uncontrolled
( )
Military
( )
Secure
( )
Industrial
( )
Other (undeveloped land)
(X)
Unsecure
(X )
Recovery
( )
Enclosed space
( )
Well Field
( )
All requirements described in the CDM Smith Health and Safety Manual are incorporated in this health and
safety plan by reference.
Company /
Division / Office
Current Training
& Medical?
James Romig
FSU
Yes
Project Manager
1-2-3-4-5-6-7
David Sembrot
FSU
Yes
Site Health & Safety Coordinator
1-2-3-4-5-6-7
Dean Costello
TSU
Yes
2nd Health & Safety Coordinator
1-2-3-4-5-6-7
Jessica Bennett
TSU
Yes
Project Engineer
Michael Ehnot
TSU
Yes
Field Team Leader
1-2-3-4-5-6-7
1-2-3-4-5-6-7
Bill Wert
TSU
Yes
2nd Field Team Leader
1-2-3-4-5-6-7
CDM Smith
TSU
Yes
GWTS Operator
1-2-3-4-5-6-7
CDM Smith - TBD
TSU
Yes
Site Technician
1-2-3-4-5-6-7
Subcontractor
1-2-3-4-5-6-7
PERSONNEL AND RESPONSIBILITIES
NAMES OF WORK CREW MEMBERS
Site Contractor
BACKGROUND REVIEW:
Page-1
( X ) Complete
Project or Site Responsibilities
Tasks
On Site?
( ) Incomplete
Crossley_HASP_2015_03-LMP_djs.xls
8/4/2015
HEALTH AND SAFETY PLAN FORM
SITE MAP: Show Exclusion, Contamination Reduction, and Support Zones. Indicate Evacuation and Reassembly Points
Page-2
8/4/2015
This document is for the exclusive use
of CDM Smith and its subcontractors
HISTORY:
The Crossley Farm Site is located in Huffs Church, Hereford Township, Berks County, Pennsylvania. The site is approximately 50 miles northwest of Philadelphia and 21 miles northeast of Reading.
The site is an active farm that currently produces corn and alfalfa. The Site property consists of approximately 209 acres separated into three parcels. The Site, at the time of waste disposal, was owned
by the Crossley Brothers Partnership, followed by the Estate of Harry Crossley and Ruth Crossley. In 2007, a local farmer purchased the property and has continued farming the property. From the
mid-1960s to the mid-1970s, a local manufacturing plant sent numerous 55 gallon drums to the Crossley Farm for disposal. These drums contained mostly liquid waste and were described as having a
distinctive "solvent" odor.
EPA has divided the Site into three separate OUs (OU-1: point of entry carbon treatment units on residential drinking water wells maintained by the PADEP, OU-2: remediation of Site-related
groundwater contamination that currently consists of groundwater extraction wells and a groundwater treatment system (GWTS), OU-3: TCE vapor intrusion from Site-related ground water
contamination and consists of vapor intrusion mitigation systems at affected residences) Site investigations, conducted by the PADEP and the EPA began in 1983 when local residents complained of
odors in private supply wells. VOCs, primarily TCE, were identified in residential wells as far as 9,000 feet downgradient from Blackhead Hill. In 1997, EPA issued the OU-1 ROD to provide an interim
remedy to address the groundwater contamination impacting residential supply wells while the RI/FS was being completed. The Site wide RI/FS was completed in July 2001 and the OU-2 ROD,
requiring a limited groundwater RA for the Hot Spot Area (TCE concentrations greater than 100,000 ug/L), was signed in September 2001 . In July 2004, an ESD changed the groundwater treatment
technology from air stripping to an advanced oxidation process (AOP) and a water/DNAPL separator was added to the treatment process. These changes were prompted by the results of the PDI
which reported TCE concentrations as high as 1,300,000 ug/L and the presence of DNAPL in the Hot Spot Area.
The OU-2 ROD Amendment (RODA) was issued in July 2008 and required an interim remedy to hydraulically control and contain the Valley Plume Area, which is defined as the groundwater plume
which contains greater than 1,000 ug/L of TCE. Installation of extraction wells to contain the Valley Plume Area and construction of the GWTS occurred between June 2010 and June 2012. GWTS
operation began in October 2012 and the Long Term Remedial Action for hydraulic control of the Valley Plume began in October 2014.
WASTE TYPES:
(X ) Liquid
( X ) Solid
( ) Sludge
( ) Gas/Vapor
( ) Unknown
( ) Other, specify:
WORK ZONES:
WASTE CHARACTERISTICS:
( ) Corrosive
( X ) Flammable
( ) Radioactive
( ) Toxic
( X ) Volatile
( ) Reactive
( ) Inert Gas
( ) Unknown
( X ) Other:
carcinogenic
CDM Smith will descibe the work zones at the site before performing a given activity.
Exclusion zone (EZ) - all activities that may involve exposure to site contaminants, hazardous materials and/or conditions should be within
this area. EZ will be the area where decontamination activities will occur. All points within 25 feet of monitoring well CS-19 through CS-22.
Contamination reduction zone (CRZ) - established between the EZ and the SZ. The CRZ contains the contamination reduction corridor
and provides an area for decontamination of personnel and portable hand-held equpiment and tools. This is a 40 x 40 feet area; which
extends 40 feet from the center of the drill rig/ and or borhole.
Support (SZ) - uncontaminated area (GWTB) that will be the field support area for most operations. The SZ provides for field team
communication and staging for emergency response. Appropriate sanitary facilities and safety equpiment will be located in this zone. The
groundwater treatment building will also act a central support zone because it provide both sanitary facilities and additional safety
equipment such as an emergecny eye wash and shower.
HAZARDS OF CONCERN:
FACILITY'S PAST AND PRESENT DISPOSAL METHODS AND PRACTICES:
Potential source areas include a the Borrow Pit Area, EPIC Pit Area, Quarry, and Trash Dump. The trash dump reportedly
CDM Guideline ( X ) Noise
CDM Guideline consists of primarily household trash, but remains a potential source of Site-related contaminants. The quarry is located on
( X ) Heat Stress
the crest of Blackhead Hill and it is suspected solvent wastes may have been poured over the exposed rock where they
CDM Guideline ( ) Inorganic Chemicals
( X ) Cold Stress
would have quickly migrated into the fractured bedrock. The Borrow Pit Area is located on the eastern side of the quarry
( X ) Explosive/Flammable
( X ) Organic Chemicals
and is suspected to have been used to for staging/storage and potential disposal of drums of solvent waste. The EPIC Pit
( X ) Oxygen Deficient
( X ) Motorized Traffic
Area was identified as the location of the buried drums, and in 1998 approximately 1200 drums and 15,000 tons of
contaminated soil were removed.
( ) Radiological
( X ) Heavy Machinery
( X ) Biological
( X ) Slips & Falls
CDM Guideline
( ) Other:
( ) Other:
This plan incorporates CDM Smith's procedure for:
Housekeeping
Manual Material Handling
Hazardous Waste Site Controls
Flammable and Combustible Liquids
Electrical Safety
Compressed Gases
Tools and Power Equipment
Hazardous Waste Site Decontamination
Lock Out/Tag Out
Page-3
Traffic and Work Zone Safety
Working Near or Over Water
8/4/2015
DESCRIPTION AND FEATURES:
The Site consists of approximately 209 acres of land separated into three parcels. Land use in the immediate area consists of residential properties and farmland. The
entrance to the Site is located on Huff Churchs Road, and the GWTS is located on Blackhead Hill. The Valley Plume extraction wells are located along Dale Road. Discharge
Area #1 is located off of Dairy Lane and Discharge Area #2 is located at the intersection of Dale Road and Dairy Lane.
The topography in the area of the Site reflects the complex underlying geology and consists of high hills and ridges, and broad, low valleys. The Site is located on a
topographic high known locally as Blackhead Hill, which has an altitude of 940 ft above mean sea level (ft amsl). The hill is very steeply sloped to the west and south of its
peak, but is fairly level to the north and east where farming occurs. The hill is bordered to the west and southwest by a broad, flat valley known locally as Dale Valley. The
West Branch of the Perkiomen Creek flows along Dale Road in the valley.
SURROUNDING POPULATION:
( X ) Residential
( ) Industrial ( ) Commercial ( X ) Rural
( ) Urban
OTHER: Agricultural
HAZARDOUS MATERIAL SUMMARY:
CHEMICALS:
Amount/Units:
SOLIDS:
Amount/Units:
SLUDGES:
Amount/Units:
SOLVENTS:
Amount/Units:
OILS:
Amount/Units:
OTHER:
Amount/Units:
Acids
Flyash
Paints
Ketones
Oily Wastes
Laboratory
Pickling Liquors
Mill or Mine Tailings
Pigments
Aromatics
Gasoline
Pharmaceutical
Caustics
Asbestos
Metals Sludges
Hydrocarbons
Diesel Oil
Hospital
Pesticides
Ferrous Smelter
POTW Sludge
Alcohols
Lubricants
Radiological
Dyes or Inks
Non-Ferrous Smelter
Distillation Bottoms
Halogenated (chloro,
bromo)
Polynuclear Aromatics
Municipal
Cyanides
Metals
Aluminum
Esters
PCBs
Construction
Phenols
Dioxins
Ethers
Heating Oil
Munitions
Other - specify
Other - specify
Other - specify
Halogens
Other - specify
Page-4
Other - specify
Other - specify
8/4/2015
HIGHEST
PEL/TLV
IDLH
Warning
PHOTO
KNOWN
OBSERVED
ppm or mg/m3
ppm or mg/m3
Concentration
SYMPTOMS & EFFECTS
IONIZATION
CONTAMINANTS
CONCENTRATION
(specify)
(specify)
(in ppm)
OF ACUTE EXPOSURE
POTENTIAL
1,300,000 ug/L
GW
50 ppm
1,000 ppm
82 ppm
Vertigo, visual disturbance, headache,
drowsiness
9.45
Tetrachloroethylene
14,000 ug/L
GW
25 ppm
150 ppm
47 ppm
Irritated eyes, nose, throat, flushed
face & neck, dizziness
9.32
1,2-Dichloroethylene
1,500 ug/L (cis)
GW
200 ppm
1,000 ppm
1.1 ppm
Irritated eyes, CNS depression
10.00
17,000 ug/L
GW
1,000 ppm
2,000 ppm
no odor
Incoordination, cardiac arrhythmia,
tremors
11.8
Trichloroethylene
Trichlorofluoromethane
NA = Not Available
S = Soil
A = Air
Page-5
NE = None Established
SW = Surface Water
GW = Ground Water
T = Tailings
SL = Sludge
U = Unknown
Verify your access to an MSDS for each chemical
W = Waste
D = Drums
you will use at the site.
SD = Sediment
OFF = Off-Site
TK = Tanks
L = Lagoons
8/4/2015
SPECIFIC TASK DESCRIPTIONS
1
2
3
ER surveying, utility clearance, property boundary
survey, and surveying of new wells by subcontractor
Borehole drilling, collection of groundwater screening
samples, borehole geophysical logging, packer testing,
well construction, well rehabilitation
Field analysis of samples (Color-Tec®, HACH, DNAPL
dye test, or similar method)
4
Groundwater Sampling (non-tap samples)
5
Groundwater Sampling (tap samples)
6
7
Surface Water Sampling
Disturbing the
Waste?
TASK - SPECIFIC HAZARDS
Non-intrusive Heat/cold stress, biological, slips, trips, and falls,
Intrusive
Heat/cold stress, biological, dermal exposure, dust
inhalation, heavy machinery, tools and power
equipment, compressed gases, slips, trips and falls,
noise exposure
Exposure to contaminants, broken glass, reagent
Non-intrusive chemicals, needles, dermal exposure
Intrusive
Non-intrusive
Intrusive
Heat/cold stress, biological, dermal exposure,
preservative spills, tools and power equipment, traffic,
slips, trips and falls
preservative spills, tools and power equipment, traffic,
slips, trips and falls
preservative spills, traffic, slips, trips and falls
Inhalation exposure, ladders, slips, trips and falls, noise
Non-intrusive exposure
VGAC Air Sampling
8
Treatment System Operation and Maintenance
(non-intrusive)
9
Treatment System Operation and Maintenance
(intrusive)
Moderate Hazard
Low Hazard
Low Hazard
Low Hazard
Low Hazard
Low Hazard
Low Hazard
Intrusive
Heat/cold stress, biological, noise exposure, electrical,
ladders, tools and power equipment, slips, trips, and
falls, compressed gases, chemicals encountered
Moderate Hazard
40 Hour OSHA and annual 8-hour refresher.
Medical clearance
( ) High
( ) Medium
( X ) Low
( ) Unknown
Proper PPE, training, and communications will result in a low hazard for surveying and utility clearance activities. Use of proper PPE, communication, a PID,
and proper procedures will result in a moderate hazard for borehole drilling, sampling, logging, testing, and completion activities. Use of proper PPE,
communication, training, a PID, and proper procedures will result in a low hazard for groundwater, surface water, and air sampling. Use of proper PPE,
communication, training, proper tools and equipment, and proper procedures will result in a moderate hazard for treatment system O&M activities.
FIRE/EXPLOSION POTENTIAL:
Page-6
Low Hazard
Non-intrusive
SPECIAL MEDICAL SURVEILLANCE REQUIREMENTS:
JUSTIFICATION:
SCHEDULE
Heat/cold stress, biological, noise exposure, electrical,
ladders, tools and power equipment, slips, trips, and
falls, compressed gases, chemicals encountered
SPECIALIZED TRAINING REQUIRED:
OVERALL HAZARD EVALUATION:
HAZARD &
( ) High
( ) Medium
( X ) Low
( ) Unknown
8/4/2015
TASKS: 1 - 2 - 3 - 4 - 5 - 6 - 7 - 8 - 9
LEVEL: A - B - C - D - Modified
( ) Primary
( x ) Contingency
BLOCK C
Specify by task. Indicate type and/or material, as necessary. Group tasks if possible. Use copies of this sheet if needed.
Respiratory: ( X ) Not needed
( ) SCBA, Airline:
( ) APR:
( ) Cartridge:
( ) Escape Mask:
( ) Other:
Head and Eye: ( ) Not needed
( X ) Safety Glasses:
( ) Face Shield:
( ) Goggles:
( ) Hard Hat:
( ) Other:
Prot. Clothing: ( X ) Not needed
( ) Encapsulated Suit:
( ) Splash Suit
( ) Apron:
( ) Tyvek Coverall or
( ) Saranex Coverall
( ) Cloth Coverall:
( ) Other:
Gloves: ( ) Not needed
( ) Undergloves:
( ) Gloves: nitrile
( ) Overgloves:
Boots: ( ) Not needed
( X ) Steel-Toe ( ) Steel Shank
( ) Rubber
( ) Leather
( ) Overboots:
Other: specify below
( X ) Tick Spray
( ) Sun Screen
( ) Hearing Protection
( X ) Safety Vest
( ) SCBA, Airline:
( ) APR:
( ) Cartridge:
( ) Escape Mask:
( ) Other:
( ) Splash Suit
( ) Apron:
( ) Cloth Coverall:
( ) Other:
( ) Face Shield:
( ) Goggles:
( X ) Hard Hat:
( ) Other:
( X ) Steel-Toe ( X ) Steel Shank
( ) Rubber
( ) Leather
( ) Overboots:
( ) Undergloves:
( X ) Gloves: nitrile
( ) Overgloves:
( X ) Tick Spray
( X ) Sun Screen
( X ) Hearing Protection
( X ) Safety Vest
BLOCK B
TASKS: 1 - 2 - 3 - 4 - 5 - 6 - 7 - 8 - 9
( X ) Primary
( ) Contingency
TASKS: 1 - 2 - 3 - 4 - 5 - 6 - 7
( X ) Primary
( ) Contingency
BLOCK A
BLOCK D
TASKS: 1 - 2 - 3 - 4 - 5 - 6 - 7 - 8 - 9
( X ) Primary
( ) Contingency
PROTECTIVE EQUIPMENT:
( ) SCBA, Airline:
( ) APR:
( ) Cartridge:
( ) Escape Mask:
( ) Other:
( ) Face Shield:
( ) Goggles:
( X ) Hard Hat:
(X) Other: Eye Wash
( ) Splash Suit
( ) Apron:
( ) Cloth Coverall:
( ) Other:
( ) Undergloves:
( ) Overgloves:
( X ) Steel-Toe ( X ) Steel Shank
( ) Rubber
( ) Leather
( ) Overboots:
( X ) Tick Spray
( X ) Sun Screen
( X ) Safety Vest
( ) SCBA, Airline:
( ) APR:
( ) Cartridge:
( ) Escape Mask:
( ) Other:
Prot. Clothing: ( x ) Not needed
( ) Splash Suit
( ) Apron:
( ) Tyvek Coverall
( ) Cloth Coverall:
( ) Other:
( ) Face Shield:
( ) Goggles:
( ) Hard Hat:
( ) Other:
( ) Rubber
( ) Leather
( ) Overboots:
( ) Undergloves:
( ) Overgloves:
( X ) Tick Spray
( X ) Sun Screen
( X ) Safety Vest
This health and safety plan form constitutes hazard analysis per 29 CFR 1910.132
Page-7-1
8/4/2015
TASKS: 1 - 2 - 3 - 4 - 5 - 6 - 7 - 8 - 9
( ) Primary
( ) Contingency
BLOCK C
Specify by task. Indicate type and/or material, as necessary. Group tasks if possible. Use copies of this sheet if needed.
( ) SCBA, Airline:
( ) APR:
( ) Cartridge:
( ) Escape Mask:
( ) Other:
( ) Face Shield:
( ) Goggles:
( ) Hard Hat:
( ) Other:
( ) Splash Suit
( ) Apron:
( ) Cloth Coverall:
( ) Other:
( ) Undergloves:
( ) Overgloves:
( ) Rubber
( ) Leather
( ) Overboots:
( X ) Tick Spray
( X ) Sun Screen
( X ) Safety Vest
Respiratory: ( ) Not needed
( ) SCBA, Airline:
( ) APR:
( ) Cartridge:
( ) Escape Mask:
( ) Other:
Prot. Clothing: ( ) Not needed
( ) Splash Suit
( ) Apron:
( ) Tyvek Coverall
( ) Cloth Coverall:
( ) Other:
( ) Safety Glasses:
( ) Face Shield:
( ) Goggles:
( ) Hard Hat:
( ) Other:
( ) Steel-Toe
( ) Steel Shank
( ) Rubber
( ) Leather
( ) Overboots: Hipwaders
(if needed)
( ) Undergloves:
( ) Gloves:
( ) Overgloves:
( ) Tick Spray
( ) Floatation Device
( ) Sun Screen
BLOCK B
TASKS: 1 - 2 - 3 - 4 - 5 - 6 - 7 - 8 - 9
( ) Primary
( ) Contingency
TASKS: 1 - 2 - 3 - 4 - 5 - 6 - 7 - 8 - 9
( ) Primary
( X ) Contingency
BLOCK A
BLOCK D
TASKS: 1 - 2 - 3 - 4 - 5 - 6 - 7 - 8 - 9
( ) Primary
( ) Contingency
PROTECTIVE EQUIPMENT:
( ) SCBA, Airline:
( ) APR:
( ) Cartridge:
( ) Escape Mask:
( ) Other:
( ) Safety Glasses:
( ) Face Shield:
( ) Goggles:
( ) Hard Hat:
( ) Other:
( ) Splash Suit
( ) Apron:
( ) Tyvek Coverall
( ) Cloth Coverall:
( ) Other:
( ) Undergloves:
( ) Gloves:
( ) Overgloves:
( ) Steel-Toe
( ) Steel Shank
( ) Rubber
( ) Leather
(if needed)
( ) Tick Spray
( ) Sun Screen
( ) SCBA, Airline:
( ) APR:
( ) Cartridge:
( ) Escape Mask:
( ) Other:
( ) Splash Suit
( ) Apron:
( ) Tyvek Coverall
( ) Cloth Coverall:
( ) Other:
( ) Safety Glasses:
( ) Face Shield:
( ) Goggles:
( ) Hard Hat:
( ) Other:
( ) Steel-Toe
( ) Steel Shank
( ) Rubber
( ) Leather
(if needed)
( ) Undergloves:
( ) Gloves:
( ) Overgloves:
( ) Tick Spray
( ) Sun Screen
This health and safety plan form constitutes hazard analysis per 29 CFR 1910.132
Page-7-2
8/4/2015
MONITORING EQUIPMENT:
Specify by task. Indicate type as necessary. Attach additional sheets if needed.
INSTRUMENT
ACTION GUIDELINES
TASK
Combustible
0-10% LEL
No explosion hazard
Gas Indicator
10-25% LEL
Potential explosion hazard; notify SHSC
>25% LEL
Explosion hazard; interrupt task/evacuate
21.0% O2
Radiation
Survey Meter
1-2-3-4-5-6-7-8
Photoionization
Specify:
Detector
10.6 eV Lamp
1-2-3 -6
Type PID
.
Flame Ionization
Specify:
Detector
1-2-3-4-5-6-7-8
COMMENTS
(X ) Not Needed
Oxygen normal
<21.0% O2
Oxygen deficient; notify SHSC
<19.5% O2
Interrupt task/evacuate
3 x Background:
Notify HSM
>2mR/hr:
Establish REZ
* 0 –10 ppm: Modified Level D
* 10-25.0 ppm: Collect Draeger tube to determine presence/absence of TCE
* >25.0 ppm: Exit site & contact SHSC
* Above background & sustained in breathing zone for 5 minutes.
( X ) Not Needed
( ) Not Needed
*The use of a PID is required during sampling or when
opening any wellhead or treatment system piping.
( X ) Not Needed
Type____________
Single Gas
Specify:
Type____________
Type____________
1-2-3-4-5-6-7-8
Respirable
Specify:
( X ) Not Needed
Other
Specify:
( X ) Not Needed
Type____________
Type____________
1-2-3-4-5-6-7-8
Other
Specify:
Type____________
Type____________
1-2-3-4-5-6-7-8
( X ) Not Needed
Dust Monitor
Type____________
Type____________
Page-8
( X ) Not Needed
8/4/2015
DECONTAMINATION PROCEDURES
ATTACH SITE MAP INDICATING EXCLUSION, DECONTAMINATION, & SUPPORT ZONES AS PAGE TWO
Personnel Decontamination
Sampling Equipment Decontamination
Heavy Equipment Decontamination
Summarize below or attach diagram;
Wash hands and face if necessary with soap and
water upon doffing PPE. Workers will remove
protective clothing in this order:
- Equipment drop
- Boot covers (if used)
- Outer gloves (if used)
- Tyvek (if used)
- Respirator (if used)
- Inner gloves
- Face and hand wash
(1) Gross removal of dirt/debris with scrub brush
and tap water
(2) Liquinox detergent scrub
(3) Rinse with clean potable water
(4) Rinse with American Society for Testing and
Materials (ASTM) Type II water
(5) Rinse with 10% nitric acid (for inorganics and
boron sampling only)
(6) Rinse with DI water
(7) Rinse with isopropanol (for VOC sampling only)
(8) Rinse with ASTM Type II water
(9) Air dry
(10) Wrap with aluminum foil (shiny side out)
All down-hole equpment and tool parts that contact soil are constructed of
heavy gauge steel and have no natural or synthetic components that could
absorb and retain soil-borne organic contaminants. All drilling equipment
(downhole) and any other large equipment will be washed with a high
pressure steam cleaner prior to first use, between each borehole, and prior
to leaving the site after the final borehole. Downhole samplers and other
tooling will be decontaminated between samples at the borehole in plastic
buckets by scrubbing with potable water and non-phosphate detergent
(Liquinox™ or equivalent), and a potable water rinse. Any equipment that
comes in contact with samples that will be sent to the lab for analysis (i.e.,
as directed by the Contractor Field Staff), will also be decontaminated using
the following procedures:
1) Detergent Scrub
2) Rinse with clean potable water
3) Rinse with deionized (DI) water
4) Rinse with 10% nitric acid (inorganics and Boron sampling only)
5) Rinse with DI water
6) Rinse with isopropanol (for VOC sampling only)
7) Rinse with DI water
8) Air dry
( ) Not Needed
( ) Not Needed
WASH HANDS AND FACE PRIOR TO ANY
INGESTION OF FOOD OR LIQUIDS.
( ) Not Needed
Containment and Disposal Method
Disposable PPE will be bagged and disposed offsite with municipal waste, unless heavily
contaminated.
If heavily contaminated, disposable PPE will be
stored in drums and left onsite for proper
disposal.
Decontamination derived wastes will be
Decontamination derived wastes will be containerized and disposed of offcontainerized and disposed of off-site in accordance
site in accordance with the IDW section of the SMP.
with the IDW section of the SMP.
HAZARDOUS MATERIALS TO BE BROUGHT ONSITE
Preservatives
Decontamination
( X ) Hydrochloric Acid
( X ) Alconox TM
( ) Hexane
( ) Zinc Acetate
TM
( X ) Nitric Acid
( ) Ascorbic Acid
( X ) Liquinox
( X ) Isopropanol
( ) Sulfuric Acid
( ) Acetic Acid
( ) Acetone
( ) Nitric Acid
( X ) Sodium Hydroxide
( ) Other:
( ) Methanol
( ) Other:
( ) Mineral Spirits
Page-9-1
( X ) 100 ppm isobutylene
(
(
(
(
) Methane
) Pentane
) Hydrogen
) Propane
Calibration
( ) Hydrogen Sulfide
( ) Carbon Monoxide
( X ) pH Standards
( X ) Conductivity Std
( ) Other:
8/4/2015
SITE MAP:
Page-9-2
Show Exclusion, Contamination Reduction, and Support Zones. Indicate Evacuation and Reassembly Points
8/4/2015
HOSPITAL MAP: Show route to Lehigh Valley Hospital
Page-10-2
8/4/2015
HEALTH AND SAFETY PLAN SIGNATURE FORM
Health and Safety Plan
All site personnel must sign this form indicating receipt of the H&SP. Keep this original on site. It becomes part of the
permanent project files. Send a copy to the Health and Safety Manager (HSM).
SITE NAME/NUMBER:
Crossley Farm OU-2
DIVISION/LOCATION:
FSU/Wayne
CERTIFICATION:
I understand, and agree to comply with, the provisions of the above referenced H&SP for work activities on this project. I
agree to report any injuries, illnesses or exposure incidents to the site Health and Safety Coordinator (SHSC). I agree to
inform the SHSC about any drugs (legal and illegal) that I take within three days of site work.
PRINTED NAME
Page-11
SIGNATURE
DATE
8/4/2015
PART 5
BID SHEET
_____
Company
_________________
Date
PART 5 – BID SHEET
IFB-3330-049-006-SI
CROSSLEY FARMS OPERABLE UNIT 2 (OU2) SUPERFUND SITE
The undersigned declares that the only persons or parties interested in this Bid as principals are as stated;
that the Bid is made without any collusion with other persons, firms, or corporations; that this Invitation
for Bids (IFB) has been carefully examined; that the bidder is informed fully in regard to all conditions
pertaining to the work and the place where it is to be done, and from them, the undersigned makes this
bid. The prices bid shall cover all expenses incurred in performing the work required under the
Subcontract Documents of which this bid sheet is a part, including, but not limited to, costs of the
following:
•
Compliance with all health and safety requirements, other Federal, State and local requirements
as well as all regulations and requirements of the owners of the surrounding public and/or private
properties.
•
All labor, (including overtime) equipment, materials, supplies, taxes, licensing and permit fees,
overhead, and profit.
All responses shall remain valid for 120 working days after the actual date the responses are due. If a
Notice of Award, accompanied by at least three undersigned copies of the Contract and all other
applicable Contract Documents, is delivered to the undersigned within 120 working days after the actual
date the bids are opened, the undersigned will, within five working days after the date of receipt of such
notification, execute and return all copies of the Contract and all other applicable Contract Documents.
This shall include proof of insurance and proof of bonding, if applicable.
The undersigned acknowledges receipt of the following amendments:
______________________________________________________________________________
______________________________________________________________________________
In accordance with the above understanding, the subcontractor proposes to furnish all materials, and
perform and complete the Work in its entirety in the manner and under the conditions required, at the
prices listed on the following pages of this bid sheet.
All extensions of the unit price shown will be subject to verification by CDM Federal Programs
Corporation. In case of variation between the unit price and the extension, the unit price will be
considered.
BID-1
_____
_________________
Date
Company
IFB-3330-049-006-SI
BASE WORK
Item Description
Item 1 - General Charges
1a
Mobilization/Demobilization
Unit
Est.
Qty.*
Extended
Price
Lump Sum
1
$
$
Day
5
$
$
Unit Price
1b
3-Person Crew Per Diem
1c
Decontamination Pad
Lump Sum
1
$
$
1d
Steam Cleaning
Crew Hour
3
$
$
1e
Transportation of Water IDW to GWTS
Crew Hour
3
$
$
Crew Hour
8
$
$
Crew Hour
3
$
$
Foot
600
$
$
Crew Hour
12
$
$
Crew Hour
6
$
$
Foot
450
$
$
Foot
350
$
$
Foot
400
$
$
1f
Restoration
Item 2 - Residential Well Assessment
Labor for Removal/Reinstallation of Pump,
2a
Discharge Piping, and Wiring
Materials for Reinstallation of Residential
2b
Well Submersible Pump
Item 3 - Extraction Well Pump Lowering
Labor to Remove and Reinstall Extraction
3a
Well Pump, Discharge Piping, and Wiring
Labor to Remove, Modify and Reinstall
3b
Extraction Well Vault Piping
3c
8-inch Schedule 40 PVC Casing
3-inch Schedule 80 Discharge Piping with
3d
CERTA-LOK® connections
3e
#8 AWG Gauge 3-Wire Pump Cable
3f
Pump Mounting System
Lump Sum
OPTIONAL WORK
Item 4 - Optional Work
New Residential Well Submersible Pump
4a
(Optional)
New Extraction Well Submersible Pump
4b
(Optional)
4c
Borehole Video (Optional)
4d
Standby Time (Optional)
Cost plus
10% markup
Cost plus
10% markup
Crew Day
Crew Hour
1
$
Base Work Total:
$
$
1
$
$
1
$
$
1
$
$
2
$
$
Optional Work Total: $
Base + Optional Work Total:
*Note: All quantities are estimates. Payment will be made based on actual quantities incurred, within the
ceiling price of the Agreement. Altering the Bid Sheets may render a bid non-responsive.
Number in Crew_______
BID-2
_____
Company
_________________
Date
IFB-3330-049-006-SI
All quantities are estimates. Payment will be made based on actual quantities incurred within the ceiling
price of the Subcontract.
Bids will be compared on the basis of the Total Amount of Bid.
The Total amount of Bid is defined as the sum of the Total Price Bid for each Item.
The Contractor reserves the right to omit in its entirety any one or more items of this Subcontract without
forfeiture of Subcontractor or claims for loss of anticipated profits or any other claims by the
Subcontractor on account of such omissions.
The names and business addresses of all person and parties interested in the foregoing Bid as principals
are as follows:
(Give first and last names in full).
Notice of acceptance should be mailed, telegraphed, or delivered to the undersigned Bidder at the
following address:
(Business Address)
(City, State and Zip Code)
(Name of Bidder)
BID-3
_____
Company
_________________
Date
IFB-3330-049-006-SI
CONFLICT OF INTEREST (Please complete the following and attach additional
information if required):
(1) Has your firm or your parent company worked at this site previously? If yes,
please provide date of work, description of services and client name (MUST
INDICATE YES OR NO):
___________________________________________________________________
(2) Have you or your parent company worked for any of the following firms/entities?
If yes, please provide date of work and description of services (MUST INDICATE YES
OR NO):
BAILEY ENGINEERED STRUCTURES INC._______________________________________
CROSSLEY BROTHERS FARM __________________________________________________
HARRY CROSSLEY ___________________________________________________________
RUTH CROSSLEY _____________________________________________________________
SUNBEAM-OSTER, INC. _______________________________________________________
TEMRAC CO _________________________________________________________________
By: ______________________________________________________________
(Title)
(signature)
______________________________________________________________
(Title)
(signature)
Note: If the Bidder is a corporation, indicate State of incorporation under signature, and
affix corporate seal; if a partnership, give full names and residential addresses of
partners, if different from business address.
BID-4
PART 6
REPRESENTATIONS & CERTIFICATIONS
Confidential Business Information
Various Federal statutes and regulations require certain representations, certifications, and other
statements from bidders/offerors in connection with the award of subcontracts.
•
•
•
All bidders/offerors shall complete Items 1 through 8 and Item 13.
Bidders shall complete Items 9 and 10 if the solicitation is an Invitation for Bid (IFB).
Bidders/offerors shall complete Items 11 and 12 if required, as indicated by an "X".
The Following Representations Are Required for All Procurements
1.
2.
3.
4.
5.
6.
Taxpayer Identification (FAR 52.204-3)
Prohibition on Contracting with Inverted Domestic Corporations – Representation (FAR 52.209-2)
Small Business Program Representations (FAR 52.219-1)
Previous Contracts and Compliance Reports (FAR 52.222-22)
Affirmative Action Compliance (FAR 52.222-25)
Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to
Iran—Representation and Certifications (FAR 52.225-25)
7. Historically Black College or University and Minority Institution Representation (FAR 52.226-2)
8. Representation of Limited Rights Data and Restricted Computer Software (FAR 52.227-15)
The Following Representations Are Required for All Sealed Bidding Procurements
9. Minimum Bid Acceptance Period (FAR 52.214-16)
10. Equal Low Bids (FAR 52.219-2)
The Following Representations Are Required Only If Indicated
11. ___ Recovered Material Certification (FAR 52.223-4) – Applies to procurements that specify the
use of EPA-designated products containing recovered materials. Does not apply to A&E services.
12. ___ Preparation of Proposals - Construction (FAR 52.236-28) – Applies to construction
procurements when subcontracting by negotiation.
Required for All Procurements
13. Certification and Agreement
3330.049.006.SI.Part6_RepsandCerts.docx
1
(Rev Aug 2013)
Definitions.
• The terms "offeror" or “bidder” as used herein include the Subcontractor.
• The term "Government” includes CDM Federal Programs Corporation (CDM Smith).
• The term "offer" includes bid.
• The term “contract” includes subcontract.
The Following Representations Are Required for All Procurements
1. TAXPAYER IDENTIFICATION (FAR 52.204-3) (OCT 1998) (Modified)
(a) Definitions.
"Common parent", as used in this provision, means that corporate entity that owns or controls
an affiliated group of corporations that files its Federal income tax returns on a consolidated basis,
and of which the offeror is a member.
"Taxpayer Identification Number (TIN)", as used in this provision, means the number required
by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other
returns. The TIN may be either a Social Security Number or an Employer Identification Number.
(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision
in order to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting
requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the
IRS. If the resulting subcontract is subject to the payment reporting requirements described in
Federal acquisition regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the
information may result in a 31 percent reduction of payments otherwise due under the subcontract.
(c) The TIN may be used by the Government to collect and report on any delinquent amounts
arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting
requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records
to verify the accuracy of the offeror's TIN.
(d) Taxpayer Identification Number (TIN).
[
[
[
[
]
]
]
]
TIN:
.
TIN has been applied for.
TIN is not required because:
Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not
have income effectively connected with the conduct of a trade or business in the U.S. and
does not have an office or place of business or a fiscal paying agent in the U.S.
[ ] Offeror is an agency or instrumentality of a foreign government.
[ ] Offeror is an agency or instrumentality of the Federal government.
[ ] Other. State basis ______________________________________.
(e) Type of Organization.
[
[
[
[
[
[
[
[
]
]
]
]
]
]
]
]
Sole proprietorship.
Partnership.
Corporate entity (not tax-exempt)
Corporate entity (tax exempt)
Government entity (Federal, State, or local)
Foreign government
International organization per 25 CFR 1.6049-4
Other __________________________________
1
(Rev Aug 2013)
(f) Common Parent.
[ ] Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this
provision.
[ ] Name and TIN of common parent:
Name ________________________________________________________
TIN ________________________________________________________
(g) The offeror should supply the Data Universal Numbering System (DUNS) Number applicable
to its name and address. If the offeror does not have a DUNS Number, it may obtain one from any
Dun and Bradstreet Branch Office.
DUNS NO.: _________________________
(End of Provision)
2. PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS –
REPRESENTATION (FAR 52.209-2) (MAY 2011)
(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the
clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations
(52.209-10).
(b) Relation to Internal Revenue Code. An inverted domestic corporation as herein defined does
not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code
at 26 U.S.C. 7874.
(c) Representation. By submission of its offer, the offeror represents that—
(1) It is not an inverted domestic corporation; and
(2) It is not a subsidiary of an inverted domestic corporation.
(End of Provision)
3. SMALL BUSINESS PROGRAM REPRESENTATIONS (FAR 52.219-1) (APR 2012)
(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is
541620 – Environmental Consulting Services.
(2) The small business size standard is $15 M
(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) Representations. (Indicate business size based on the date your Price Proposal was
submitted to CDM Smith or the date CDM Smith notified you the rates proposed were accepted by
CDM Smith, whichever date is later)
(1) The offeror represents as part of its offer that it
[ ] is a small business concern.
[ ] is not a small business concern.
(2) [Complete only if offeror represented itself as a small business concern in paragraph
(b)(1) of this provision.] The offeror represents, for general statistical purposes, that it
[ ] is a small disadvantaged business concern as defined in 13 CFR 124.1002.
[ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002.
2
(Rev Aug 2013)
(3) [Complete only if the offeror represented itself as a small business concern in paragraph
(b)(1) of this provision.] The offeror represents as part of its offer that it
[ ] is a women-owned small business concern.
[ ] 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 (b)(3) of this provision.] The offeror represents as part of its offer that it
(i) [ ] is 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.
[ ] is not a WOSB concern eligible under the WOSB Program.
(ii) [ ] is a joint venture that complies with the requirements of 13 CFR part 127, and the
representation in paragraph (b)(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.
[ ] is not a joint venture.
(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 (b)(4) of this provision.] The offeror represents as part of its offer that it
(i) [ ] is 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.
[ ] is not an EDWOSB concern eligible under the WOSB Program.
(ii) [ ] is a joint venture that complies with the requirements of 13 CFR part 127, and the
representation in paragraph (b)(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.
(b)(1) of this provision.] The offeror represents as part of its offer that it
[ ] is a veteran-owned small business concern.
[ ] 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 (b)(4) of this provision.] The offeror represents as part of its offer that it
[ ] is a service-disabled veteran-owned small business concern.
[ ] is not a service-disabled veteran-owned small business concern.
(b)(1) of this provision]. The offeror represents, as part of its offer, that it
3
(Rev Aug 2013)
(i) [ ] is 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 change in ownership and control, principal office, or HUBZone
employee percentage has occurred since it was certified by the Small Business Administration in
accordance with 13 CFR part 126; and
[ ] is not a HUBZone small business concern.
(ii) [ ] is a HUBZone joint venture that complies with the requirements of 13 CFR part
126, and the representation in paragraph (b)(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 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.
(c) 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) Services-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 (a) of this provision.
"Veteran-owned small business concern" means a small business concern:
(1) Not less than 51 percent of which is owned by one or more veterans (as defined in 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:
4
(Rev Aug 2013)
(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.
(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 the 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 small,
HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically
disadvantaged women-owned small, or women-owned small eligible under the WOSB Program
business 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 a 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)
Alternate I (Apr 2011). As prescribed in 19.309(a)92), add the following (b)(9) to the basic provision:
(9) [Complete if offeror represented itself as disadvantaged in paragraph (b)(2) of this
provision]. The offeror shall check the category in which its ownership falls:
_____ Black American
_____ Hispanic American
_____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
_____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia,
Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The
Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall
Islands, Federated States of Micronesia, The Commonwealth of the Northern Mariana Islands, Guam,
Samoa, Macao, Hon Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
_____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan,
Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).
_____ Individual/concern, other than one of the preceding.
(End of Provision)
4. PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FAR 52.222-22) (FEB 1999)
The offeror represents that it has:
(a) [ ] participated
[ ] not participated
in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;
(b) [ ] filed
[ ] not filed
all required compliance reports; and
5
(Rev Aug 2013)
(c) representations indicating submission of required compliance reports, signed by proposed
subcontractors, will be obtained before subcontract awards.
(End of Provision)
5. AFFIRMATIVE ACTION COMPLIANCE (FAR 52.222-25) (APR 1984)
(Does not apply to awards for construction)
The offeror represents that it:
(a) [ ] has developed and has on file,
[ ] has not developed and does not have on file,
at each establishment, affirmative action programs required by the rules and regulations of the
Secretary of Labor (41 CFR 60-1 and 60-2), or
(b) [ ] has not previously had contracts subject to the written affirmative action programs
requirements of the rules and regulations of the Secretary of Labor.
(End of Provision)
6. PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR
TRANSACTIONS RELATING TO IRAN – REPRESENTATION AND CERTIFICATIONS (52.225-25)
(DEC 2012)
(a) Definitions. As used in this provision—
“Person”—
(1) Means—
(i) A natural person;
(ii) A corporation, business association, partnership, society, trust, financial institution,
insurer, underwriter, guarantor, and any other business organization, any other nongovernmental
entity, organization, or group, and any governmental entity operating as a business enterprise; and
(iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and
(2) Does not include a government or governmental entity that is not operating as a business
enterprise.
“Sensitive technology”—
(1) Means hardware, software, telecommunications equipment, or any other technology that
is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President
does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International
Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
(b) The offeror shall e-mail questions concerning sensitive technology to the Department of State
at [email protected].
(c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in
accordance with 25.703-4, by submission of its offer, the offeror—
(1) Represents, to the best of its knowledge and belief, that the offeror does not export any
sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or
6
(Rev Aug 2013)
acting on behalf or at the direction of, the government of Iran;
(2) Certifies that the offeror, or any person owned or controlled by the offeror, does not
engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions
Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran,
production of refined petroleum products in Iran, sale and provision of refined petroleum products to
Iran, and contributing to Iran's ability to acquire or develop certain weapons or technologies; and
(3) Certifies that the offeror, and any person owned or controlled by the offeror, does not
knowingly engage in any transaction that exceeds $3,000 with Iran's Revolutionary Guard Corps or
any of its officials, agents, or affiliates, the property and interests in property of which are blocked
pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's
Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/
ofac/downloads/t11sdn.pdf).
(d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the
certification requirements of paragraphs (c)(2) and (c)(3) of this provision do not apply if—
(1) This solicitation includes a trade agreements notice or certification (e.g., 52.2254, 52.225-6, 52.225-12, 52.225-24, or comparable agency provision); and
(2) The offeror has certified that all the offered products to be supplied are designated
country end products or designated country construction material.
(End of Provision)
7. HISTORICALLY BLACK COLLEGE OR UNIVERSITY AND MINORITY INSTITUTION
REPRESENTATION (FAR 52.226-2) (OCT 2008)
(a) Definitions. As used in this provision:
"Historically black college or university" means an institution determined by the Secretary of
Education to meet the requirements of 34 CFR 608.2. For the Department of Defense, the National
Aeronautics and Space Administration, and the Coast Guard, the term also includes any nonprofit
research institution that was an integral part of such a college/university before November 14, 1986.
"Minority institution" means an institution of higher education meeting the requirements of
Section 365(3) of the Higher Education Act of 1965 (20 U.S.C. 1067k), including a Hispanic-serving
institution of higher education, as defined in Section 502(a) of the Act (20 U.S.C. 1101a).
(b) Representation. The offeror represents that it:
[
[
[
[
] is a Historically Black College or University,
] is not a Historically Black College or University;
] is a Minority Institution,
] is not a Minority Institution.
(End of Provision)
8. REPRESENTATION OF LIMITED RIGHTS
SOFTWARE (FAR 52.227-15) (DEC 2007)
DATA
AND
RESTRICTED
COMPUTER
(a) This solicitation sets forth the Government’s known delivery requirements for data (as defined
in the clause at 52.227-14, Rights in Data—General). Any resulting contract may also provide the
Government the option to order additional data under the Additional Data Requirements clause
at 52.227-16, if included in the contract. Any data delivered under the resulting contract will be subject
to the Rights in Data—General clause at 52.227-14 included in this contract. Under the latter clause,
a Contractor may withhold from delivery data that qualify as limited rights data or restricted computer
7
(Rev Aug 2013)
software, and deliver form, fit, and function data instead. The latter clause also may be used with its
Alternates II and/or III to obtain delivery of limited rights data or restricted computer software, marked
with limited rights or restricted rights notices, as appropriate. In addition, use of Alternate V with this
latter clause provides the Government the right to inspect such data at the Contractor’s facility.
(b) By completing the remainder of this paragraph, the offeror represents that it has reviewed the
requirements for the delivery of technical data or computer software and states [offeror check
appropriate block]
[ ] (1) None of the data proposed for fulfilling the data delivery requirements qualifies as limited
rights data or restricted computer software; or
[ ] (2) Data proposed for fulfilling the data delivery requirements qualify as limited rights data or
restricted computer software and are identified as follows.
________________________________________________________________________________
________________________________________________________________________________
(c) Any identification of limited rights data or restricted computer software in the offeror’s
response is not determinative of the status of the data should a contract be awarded to the offeror.
(End of Provision)
The Following Representations Are Required for All Sealed Bidding Procurements
9. MINIMUM BID ACCEPTANCE PERIOD (FAR 52.214-16) (APR 1984)
(a) "Acceptance period," as used in this provision, means the number of calendar days available
to the Government for awarding a contract from the date specified in this solicitation for receipt of
bids.
(b) This provision supersedes any language pertaining to the acceptance period that may appear
elsewhere in this solicitation.
(c) The Government requires a minimum acceptance period of 120 calendar days [the Contract
Officer shall insert the number of days].
(d) In the space provided immediately below, bidders may specify a longer acceptance period
than the Government's minimum requirement.
The bidder allows the following acceptance period: _____ calendar days.
(e) A bid allowing less than the Government's minimum acceptance period will be rejected.
(f) The bidder agrees to execute all that it has undertaken to do, in compliance with its bid, if that
bid is accepted in writing within (1) the acceptance period stated in paragraph (c) above or (2) any
longer acceptance period stated in paragraph (d) above.
(End of Provision)
10. EQUAL LOW BIDS (FAR 52.219-2) (OCT 1995)
(a) This provision applies to small business concerns only.
(b) The bidder’s status as a labor surplus area (LSA) concern may affect entitlement to award in
case of tie bids. If the bidder wishes to be considered for this priority, the bidder must identify, in the
following space, the LSA in which the costs to be incurred on account of manufacturing or production
(by the bidder or the first-tier subcontractors) amount to more than 50 percent of the subcontract
price.
8
(Rev Aug 2013)
________________________________________________________________________________
________________________________________________________________________________
(c) Failure to identify the LSAs as specified in paragraph (b) of this provision will preclude the
bidder from receiving priority consideration. If the bidder is awarded a subcontract as a result of
receiving priority consideration under this provision and would not have otherwise received award, the
bidder shall perform the subcontract or cause the subcontract to be performed in accordance with the
obligations of an LSA concern.
(End of Provision)
The Following Representations Are Required Only If Indicated On The Cover Page
11. RECOVERED MATERIAL CERTIFICATION (FAR 52.223-4) (MAY 2008)
As required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6962(c)(3)(A)(i)), the
offeror certifies, by signing this offer, that the percentage of recovered materials content for EPAdesignated items to be delivered or used in the performance of the subcontract will be at least the
amount required by the applicable subcontract specifications or other contractual requirements.
(End of Provision)
12. PREPARATION OF PROPOSALS - CONSTRUCTION (52.236-28) (OCT 1997)
(a) Proposals must be (1) submitted on the forms furnished by the Government or on copies of
those forms; and (2) manually signed. The person signing the proposal must initial each erasure or
change appearing on any proposal form.
(b) The proposal form may require offerors to submit proposed prices for one or more items on
various bases, including:
(1)
(2)
(3)
(4)
Lump sum price,
Alternate prices,
Units of construction, or
Any combination or paragraphs (b)(1) through (b)(3) of this provision.
(c) If the solicitation requires submission of a proposal on all items, failure to do so may result in
the proposal being rejected without further consideration. If a proposal on all items is not required,
offerors should insert the words “no proposal” in the space provided for any item on which no
proposal is submitted.
(d) Alternate proposals will not be considered unless this solicitation authorizes their submission.
(End of Provision)
9
(Rev Aug 2013)
Required for All Procurements
13. CERTIFICATION AND AGREEMENT
By signing below the offeror certifies that all the above representations and certifications are
accurate, current and complete.
FIRM: __________________________________________________________________________
ADDRESS: _______________________________________________________________________
SIGNATURE: _____________________________________________________________________
DATE: __________________________________________________________________________
NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
10
(Rev Aug 2013)
PART 7
SAMPLE STANDARD SERVICE ORDER
and
TERMS AND CONDITIONS
Page 1
CDM Federal Programs Corporation
3201 Jermantown Road Suite 400
Fairfax, Virginia 22030
(703) 691-6500 / Fax (703) 267-6083
SERVICE ORDER NO. : 3330-049-006-SI
Document Control No.: 3330-049-PS-SITE-TBD
TRACKING NO. :
Page 1 of 1
Government Client:
U.S. Environmental Protection Agency
EP-S3-07-06
Prime Contract No./WA/DO/TO No.:
be through CDM Federal Programs
Prime Contractor:
Note: All contact with client MUST
Corporation unless initiated by client.
Service Provider’s Name & Address:
[ ]
[X ]
[X ]
[ ]
Architect-Engineer Contract
Service Contract Act is applicable
Wage determination is applicable
Waiver of Professional E&O insurance:
[ ] Firm Fixed Price (lump sum)
[ ] Fixed Unit Price (ID/IQ)
[ ] Time & Materials (Not to Exceed $__________
Business Size:_______
*S.O.
DATE
SUBCONTRACT ADMINISTRATOR
PERIOD OF PERFORMANCE
PAYMENT TERMS
S. Kimble
ITEM NO.
N42
DESCRIPTION OF SERVICES
QTY.
UNIT
UNIT PRICE
EXT. PRICE
CDM Federal Programs Corporation Service Order Terms &
Conditions, Supplemental Terms & Conditions, and Health &
Safety Outline are attached and made a part of this Agreement.
NOTES: *Order must be signed and returned within 10 days of Service Order date.
Accepted by: _________________________________
Service Provider Signature
__________
Date
TOTAL:
_________________________________________ __________
CDM Federal Programs Corporation Signature
Date
Subject to the Service Order Standard Terms and Conditions dated August 2012 Rev. 2
Rev. 1-8/07
ORIGINAL
NONPRFSO August 2012 Rev. 2
Page 2
SERVICE ORDER FOR NONPROFESSIONAL SERVICES (UNDER $150,000) AND CONSTRUCTION SERVICES (UNDER $2,000)
STANDARD TERMS AND CONDITIONS
ARTICLE 1. DEFINITIONS
A. Prime Contract. The agreement between an Agency of the United
States Government and its Prime Contractor referenced on the first page
of this Service Order.
B. CDM SMITH. CDM Federal Programs Corporation, the Prime
Contractor.
C. SERVICE PROVIDER. The entity referenced on the first page of
this Service Order.
D. Lower Tier Subcontract. Agreements at any level below this Service
Order to provide some portion of the services specified herein in privity
with the SERVICE PROVIDER.
E. Nonprofessional Services. Services include, but are not limited to,
drum excavation, security guards, soil boring, underground storage tank
testing, waste hauling, waste disposal, and well drilling.
F. Construction Services. Services, not exceeding $2,000, that involve
construction, alteration, or repair (including but not limited to dredging,
excavating, and painting) of buildings, structures, or other real property
as defined in FAR Part 36.102.
G. Scope of Services. A description of the work to be performed or the
services to be provided.
ARTICLE 2. SCOPE OF SERVICES
A. SERVICE PROVIDER shall perform the services as described on
the signature page of this Service Order or in Exhibit A, "Scope of
Services", in accordance with the terms and conditions of this Service
Order.
ARTICLE 3. TERMS OF PAYMENT
A. Invoicing. (1) An invoice is a written request for payment for
services rendered. In order to be deemed proper, all invoices shall
indicate an invoice date, name of the provider, Service Order number,
tracking number, number of hours worked if applicable, dates of
performance and unit rates specified herein. Copies of delivery tickets,
time sheets, or other items as may be reasonably required by CDM
SMITH to support quantities delivered or performed shall be submitted
with each invoice. Invoices shall be emailed to
[email protected] with the Subject line typed exactly
as follows – Subcontractor shall insert invoice number in the blank to
complete the subject line (invoices with an improper subject line may be
returned
for
correction):
Subject: _____/______________/_____/_________/Invoice#____
(2) SERVICE PROVIDER may submit invoices to CDM SMITH for
progress payments not more than once each month (small business firms
may submit twice each month). Such invoices shall represent the value
of the completed Scope of Services, less 10% retainage if applicable, and
will be prepared in a format and supported by documentation as CDM
SMITH may reasonably require. Invoices will be reviewed and accepted
by CDM SMITH before payment will be processed.
(3)
SERVICE PROVIDER shall maintain records, including
supporting documentation, as is necessary to demonstrate that all costs
claimed have been incurred, are allocable to this Service Order, and
comply with applicable cost principles in FAR Part 31. Travel costs, if
authorized by CDM SMITH, shall be considered reasonable and
allowable to the extent that they comply with the government per diem
rates in effect at the time of travel as prescribed in the Federal Travel
Regulations.
B. Payment. Payments will be made in accordance with the applicable
payment clause incorporated into this Service Order within forty-two (42)
calendar days at the unit prices specified herein, for work which is
completed and accepted in accordance with the applicable ‘Inspection”
clause.
C. Final Payment. Final payment of any balance will be made upon
completion of the Scope of Services and receipt and acceptance of all
deliverables and all project-related documents and data that are required
to be furnished under this Service Order. SERVICE PROVIDER shall
also complete and submit the Closeout Release located on the last page
hereunder. Payment may be withheld, in whole or in part, pending
resolution of any disputed claims.
ARTICLE 4. OBLIGATION OF SERVICE PROVIDER
A. Independent Contractor. SERVICE PROVIDER is an independent
contractor and will maintain complete control of and responsibility for
its employees, agents, lower tier subcontractors, methods and
operations. Nothing contained in this Service Order will create any
contractual relationship between the Government and SERVICE
PROVIDER.
B. Lower Tier Subcontracts. (1) SERVICE PROVIDER must obtain
CDM SMITH’s advance written consent for the use of any lower tier
subcontractors.
SERVICE PROVIDER shall bind all lower tier
subcontractors to the applicable provisions of this Service Order.
(2) Neither this Service Order nor any lower tier subcontract will
create any contractual relationship between any lower tier
subcontractor and CDM SMITH; nor does this Service Order create
any contractual relationship between SERVICE PROVIDER and any
upper tier contractor, including the Government.
C. Performance. The SERVICE PROVIDER will reperform any
services which are not in compliance with the Scope of Services,
pursuant to this Service Order, without additional compensation. If
such deficiencies are not corrected in a timely manner, CDM SMITH
may cause the same to be corrected or reperformed and deduct costs,
including any costs of reprocurement incurred, from SERVICE
PROVIDER’s compensation.
C.1 Liquidated Damages. Liquidated Damages of $800.00 per day
will be assessed against the Subcontractor for mechanical and
equipment failures, missing equipment, supplies or delays
caused by the Subcontractor in excess of 8 hours.
D. Insurance. The SERVICE PROVIDER shall maintain throughout
the period of performance of this Service Order the insurance
coverages as required in Attachment E and will submit certificates
certifying such to CDM SMITH prior to commencing work.
E. Indemnification. To the fullest extent permitted by law, SERVICE
PROVIDER shall indemnify, defend and hold harmless CDM SMITH,
the Government and their consultants, officers, directors, employees
and agents from and against all claims, costs, losses and damages
(including but not limited to all fees and other charges of engineers,
architects, attorneys and other professionals and all court and
arbitration or other dispute resolution costs) including any and all
claims brought by the employees of the SERVICE PROVIDER caused
by, arising out of, or resulting from the performance of the work under
this Service Order, provided that any such claim, cost, loss or damage
is:
(1) attributable to bodily injury, sickness, disease or death, or to
injury to, or the destruction of, tangible property including loss of use
resulting therefrom; or
(2) is caused in whole or in part by any act or omission of the
SERVICE PROVIDER, lower-tier service provider, any supplier, any
person or organization directly or indirectly employed by any of them
to perform the work described in this Service Order or anyone for
whose acts any of them may be liable, regardless of whether or not it
is caused in part by the negligence or omission of a person or entity
indemnified hereunder (except for the sole negligence of a person or
entity indemnified hereunder) or whether liability is imposed upon such
indemnified party by laws or regulations regardless of the negligence
of any such person or entity; or
(3) results from SERVICE PROVIDER’s breach of or failure to
perform any provision of this Service Order, including provisions
relating to the Procurement Integrity Act and representations as to
cost or pricing data; or
(4) is in any way related to any claim that the indemnifying party’s
services or products infringe upon any patent, copyright, trademark or
trade secret, regardless whether it is caused by the indemnifying
party’s negligence or willful act; or
(5) results from SERVICE PROVIDER’s failure to follow health or
safety procedures applicable to the site and specified by either CDM
SMITH or any other entity authorized to specify such procedures or
any failure to follow recognized industry standards.
F. Liens. SERVICE PROVIDER shall promptly pay for all services,
labor, material and equipment used or employed in delivering the
Scope of Services and shall maintain the materials, equipment,
structures, buildings, premises and other subject matter hereof free
and clear of mechanics, or other liens. SERVICE PROVIDER shall
provide executed releases of liens from all lower tier subcontractors or
material suppliers with each invoice.
Service Order STANDARD TERMS AND CONDITIONS (continued)
G. Codes, Laws and Regulations. SERVICE PROVIDER shall comply
with all applicable local, state and federal codes, laws, regulations,
standards, ordinances and regulations in force during the term of this
Service Order. Failure to comply with any applicable code, law,
regulation, standard or ordinance shall be cause for immediate default
termination of this Service Order. SERVICE PROVIDER is responsible
for understanding and assuring compliance, by its employees and lower
tier subcontractors, of all codes, laws, regulations, standards or
ordinances applicable to the Scope of Services to be performed under
the terms of this Service Order.
H. Permits, Licenses and Fees. SERVICE PROVIDER shall obtain and
pay for all permits and licenses required by law that are associated with
SERVICE PROVIDER’s performance of the Scope of Services and will
give all necessary notices.
I.
Publicity. SERVICE PROVIDER shall not disclose the nature of its
Scope of Services or engage in any other publicity or public media
disclosure with respect to this Service Order without the prior written
consent of CDM SMITH.
J. Key Personnel. (1) SERVICE PROVIDER shall provide qualified
personnel to perform its Scope of Services. Within five (5) days of
execution of this Service Order or receipt of a written authorization to
proceed, the SERVICE PROVIDER shall submit a list of key personnel
for its work, including a designated Scope of Services manager, and
resumes therefore, if requested by CDM SMITH. SERVICE PROVIDER
shall not change or reassign any of the designated key personnel without
the written approval of CDM SMITH.
(2) If, at any time, CDM SMITH finds any SERVICE PROVIDER
employee, agent, consultant or representative to be unacceptable, for
whatever reason, CDM SMITH may request SERVICE PROVIDER to
replace at no additional cost that employee, agent, consultant or
representative with another person who has at least the equivalent level
of qualifications.
K. Copies of Data. One legible copy each, unless additional copies are
requested, of all notes, field notes, drawings, prints and plans prepared
under the terms of this Service Order shall be delivered by SERVICE
PROVIDER to CDM SMITH upon completion of the Scope of Services.
L. Additional Information. SERVICE PROVIDER shall not separately
solicit or accept from the Government any assignments, directly or
indirectly related to the project, during the life of the Service Order without
obtaining CDM SMITH’s written approval. However, this paragraph in no
way restricts SERVICE PROVIDER’s right to respond to specific requests
from the Government.
M. Errors and Omissions: Quality Control. SERVICE PROVIDER is
solely responsible for the quality of its work or services and agrees to
conduct quality control measures and techniques suitable and
appropriate for the scope and characteristics of the Scope of Services
and disciplines involved in delivery of the Scope of Services. CDM
SMITH and others will rely on the quality and accuracy of the work
produced and services performed by SERVICE PROVIDER and will not
necessarily verify the accuracy or quality of SERVICE PROVIDER’s work
produced and services delivered. However, CDM SMITH reserves the
right to conduct an inspection of the technical work or take whatever
other steps it feels may be necessary or useful to maintain the quality of
SERVICE PROVIDER’s performance. In the event that either party
should discover errors or omissions in the work or services of the other
party, the discovering party shall report to the other party such errors or
omissions, actual or suspected, in order that the party providing such
work or services may take measures which will minimize the
consequences of such errors or omissions.
N. Suspension of Work. SERVICE PROVIDER shall, upon written
notice from CDM SMITH, suspend, delay or interrupt, in whole or in part,
delivery of the Scope of Services. In such event, SERVICE PROVIDER
shall resume the Scope of Services upon written notice from CDM SMITH
and an appropriate extension of time will be mutually agreed upon and
added to the period of performance of the Service Order.
O. Hazardous or Toxic Substances. If this Service Order involves
hazardous or toxic substances, the following shall apply:
(1) SERVICE PROVIDER shall strictly comply with all health, safety
and training requirements that are appended to this Service Order, but
CDM SMITH is not responsible for SERVICE PROVIDER’s methods or
means of carrying out the work or for the health and safety of SERVICE
PROVIDER’s employees.
(2) If this Service Order shall require any employee of SERVICE
PROVIDER or any of its lower tier subcontractors to go onto or
immediately adjacent to a hazardous waste site, the appropriate
provisions of the CDM SMITH Corporate Health and Safety Manual and
Page 3
all applicable Site Health and Safety Plans are incorporated herein
and made a part hereof. Violation of any provisions of these
documents shall be cause for immediate default termination of this
Service Order. Copies of these documents will be provided upon
request. SERVICE PROVIDER is responsible for obtaining copies
and assuring compliance by its employees and lower tier
subcontractors.
P. Completion and Acceptance. After submittal of the final work
product, as specified in Articles 3.B. ‘Payment’ and 4.K. ‘Copies of
Data’ of this Service Order, and when SERVICE PROVIDER deems
the Scope of Services completed, SERVICE PROVIDER shall give
CDM SMITH written notice thereof; for example, by submitting a final
invoice. Within thirty (30) days after receipt of such notice, CDM
SMITH will determine if the Scope of Services has been completed to
its satisfaction and, if so, will advise SERVICE PROVIDER of its final
acceptance thereof.
If not, CDM SMITH will notify SERVICE
PROVIDER of its lack of completion or failure to perform and
SERVICE PROVIDER shall take remedial action as described in
Article 4.C. "Performance” of this Service Order and shall repeat the
procedure stated herein until the Scope of Services has been
satisfactorily completed and accepted by CDM SMITH.
Q. Change in Ownership or Financial Condition. (1) If the SERVICE
PROVIDER experiences a material change in its ownership or
financial condition at any time after the effective date of this Service
Order, the SERVICE PROVIDER shall notify CDM SMITH in writing
within 30 days after the change occurs or is identified.
(2) The SERVICE PROVIDER shall disclose in writing all
pertinent management and financial information necessary for CDM
SMITH to make a responsible SERVICE PROVIDER determination in
accordance with FAR Subpart 9.104-4. The disclosure shall include
results from new conflict of interest screens in accordance with the
organizational conflict of interest requirements of the Service Order,
cost impact statements for current projects, and a request for a
novation or successor-in-interest agreement in accordance with FAR
Subpart 42.12, if appropriate.
(3) Failure to notify CDM SMITH of a material change in
ownership or financial condition will be deemed a breach of this
Service Order.
R. Bankruptcy. In the event the SERVICE PROVIDER enters into
proceedings relating to bankruptcy, whether voluntary or involuntary,
the SERVICE PROVIDER agrees to furnish, by certified mail or
electronic commerce method authorized by the Service Order, written
notification of the bankruptcy to the CDM SMITH Contract Officer
responsible for administering the Service Order. This notification shall
be furnished within five (5) days of the initiation of the proceedings
relating to bankruptcy filing. This notification shall include the date on
which the bankruptcy petition was filed, the identity of the court in
which the bankruptcy petition was filed, and a listing of CDM SMITH
Service Order numbers against which final payment has not been
made. This obligation remains in effect until final payment under this
Service Order.
ARTICLE 5. GENERAL LEGAL PROVISIONS
A. Proprietary Information. (1) All drawings, specifications, technical
data and other information furnished to SERVICE PROVIDER by CDM
SMITH or the Government or developed by SERVICE PROVIDER or
others in connection with the Scope of Services are, and shall remain,
the property of CDM SMITH or the Government, and shall not be
copied or otherwise reproduced or used in any way except in
connection with the Scope of Services, or disclosed to third parties or
used in any manner detrimental to the interests of CDM SMITH or the
Government.
(2) The following information will not be subject to the
confidentiality requirements of the above:
(a) Information in the public domain through no action of
SERVICE PROVIDER in breach of this Service Order;
(b) Information independently developed by SERVICE
PROVIDER; or
(c) Information acquired by SERVICE PROVIDER from a
third party and not delivered to SERVICE PROVIDER in breach of any
confidentiality agreements.
B. Assignments. This Service Order and the rights and duties
hereunder shall not be assigned, subcontracted or transferred by
SERVICE PROVIDER, in whole or in part, without CDM SMITH’s prior
written consent.
C. Waivers. No waiver by either party of any default by the other
party in the performance of any provision of this Service Order shall
operate as, or be construed as, a waiver of any future default, whether
like or different in character.
D. Force Majeure. Neither party to this Service Order shall be liable to
the other party for delays in performing the Scope of Services, or for the
direct or indirect costs resulting from such delays, that may result from
labor strikes, riots, war, acts of governmental authorities, extraordinary
weather conditions or other natural catastrophes or any other cause
beyond the reasonable control or contemplation of either party. Relief for
any such conditions shall be limited in the same manner and to the same
extent as set forth in the Prime Contract. SERVICE PROVIDER shall
give prompt notice of any such event as soon as it becomes aware of a
potential for delay or added cost due to such an event.
E. Authorization to Proceed. Execution of this Service Order by CDM
SMITH shall constitute the authorization for SERVICE PROVIDER to
proceed with the Scope of Services, unless otherwise provided for in this
Service Order.
F. No Third Party Beneficiaries. This Service Order gives no rights or
benefits to anyone other than SERVICE PROVIDER and CDM SMITH
and has no third party beneficiaries.
G. Jurisdiction The laws of the Commonwealth of Massachusetts shall
govern the validity of this Service Order, its interpretation and
performance, and any claims related to it unless the Prime Contract
states another Jurisdiction in which case the laws of the Jurisdiction that
govern the prime contract shall govern.
H. Solicitation of Employees. It is hereby mutually agreed that neither
party hereto will knowingly solicit the employment of the other party’s
employees during the term of this Service Order and for six (6) months
thereafter. This clause shall not prevent the hiring of any employee who
independently seeks employment with the other party.
I.
Severability and Survival. If any of the provisions contained in this
Service Order are held for any reason to be invalid, illegal or
unenforceable in any respect, such invalidity, illegality or unenforceability
shall not affect any other provision and this Service Order shall be
construed as if such invalid, illegal or unenforceable provision had never
been contained herein. The provisions of Articles 4.E. ‘Indemnification’,
4.P. ‘Completion and Acceptance’ and 6.A. ‘Federal Acquisition
Regulation’ shall survive termination of the Service Order.
J. Failure to Deliver. If the Subcontractor fails to provide any single
deliverable, CDM SMITH shall be reimbursed for any costs determined by
the CDM SMITH Subcontracts Manager as equitable in accordance with
FAR 52.246-4 - Inspection of Services - Fixed Price. In addition to that
amount, it will include any other costs incurred by CDM SMITH as a result
of the Subcontractor’s failure to deliver.
K. Scope of Services. CDM SMITH may adjust the Scope of Services
by either adding or deleting from the services to be performed by
issuance of a Change Order to the Service Order. If such adjustment
increases or decreases the cost or time required for performance of the
Scope of Services, corresponding adjustments to the compensation
schedule and/or period of performance of the Service Order will be
mutually agreed upon in writing.
Additional services provided by
SERVICE PROVIDER will be entitled to additional compensation or
extension to the period of performance only as authorized in writing by
CDM SMITH. If an adjusted figure cannot be agreed upon, SERVICE
PROVIDER shall proceed with the Scope of Services and any
disagreements as to the compensation issue shall be treated as a
dispute.
L. Schedules. Both parties hereto agree and stipulate that, with regard
to performance of the Scope of Services by the SERVICE PROVIDER,
time is of the essence. SERVICE PROVIDER shall be responsible for all
consequential costs and damages which may arise from its failure to
complete the services in accordance with the terms of this Service Order
or scheduled milestones, completion or delivery dates established by the
Government or CDM SMITH and communicated to the SERVICE
PROVIDER.
M.
Disputes and Claims: (1) In case of any disputes between the
SERVICE PROVIDER and CDM SMITH that involve the United States
Government, SERVICE PROVIDER agrees to be bound to CDM SMITH
to the same extent that CDM SMITH is bound to United States
Government both by the terms of the Prime Contract and by any and all
decisions or determinations made thereunder by the party or board as
authorized in the Prime Contract. It is agreed that in the event the Prime
Contract contains a provision, hereinafter called "Disputes" clause,
whereby claims may be resolved under an administrative procedure or by
arbitration, then as to any claims of SERVICE PROVIDER for or on
account of acts or omissions of the United States Government or United
Page 4
States Government's Representative which are not disposed of by
agreement, CDM SMITH agrees to present to the United States
Government, in CDM SMITH's name, all of SERVICE PROVIDER's
claims for additional monetary compensation or time extension which
have been properly made to CDM SMITH; and to further invoke, on
behalf of the SERVICE PROVIDER, those provisions in the Prime
Contract for determining disputes. CDM SMITH shall have the option
to present such claims on SERVICE PROVIDER's behalf, in advance
of and even without SERVICE PROVIDER's written request.
SERVICE PROVIDER shall have full responsibility for preparation and
presentation of such claims and shall bear all expenses thereof,
including attorneys' fees. SERVICE PROVIDER agrees to be bound
by the procedure and final determinations as specified in any such
Disputes clause, and agrees that it will not take, or will suspend, any
other action or actions with respect to any such claims and will pursue
no independent litigation with respect thereto, pending final
determination under such Disputes clause. SERVICE PROVIDER
shall not be entitled to receive any greater amount from CDM SMITH
than CDM SMITH is entitled to and actually does receive from the
United States Government on account of SERVICE PROVIDER's
Work, less any markups or costs incurred by the CDM SMITH and to
which CDM SMITH is otherwise entitled, and SERVICE PROVIDER
agrees that it will accept such amount, if any, received by CDM SMITH
from United States Government as full satisfaction and discharge of all
claims for or on account of acts or omissions of the United States
Government or United States Government's Representative.
(2) SERVICE PROVIDER shall be bound by CDM SMITH's
determination, made in good faith, as to apportionment of any
amounts received from United States Government for claimants
including CDM SMITH and other subcontractors, whose work is
affected by any act or omission of the United States Government or
United States Government's Representative.
(3) In the event of any dispute between the parties arising out of
or in connection with the contract or the services or work contemplated
herein and not involving the United States Government or the United
States Government’s representative; the parties agree to first make a
good faith effort to resolve the dispute informally. Negotiations shall
take place between the designated principals of each party. If the
parties are unable to resolve the dispute through negotiation within 45
days, then either party may give written notice within 10 days
thereafter that it elects to proceed with non-binding mediation pursuant
to the commercial mediation rules of the American Arbitration
Association. In the event that mediation is not invoked by the parties
or that the mediation is unsuccessful in resolving the dispute, then
either party may submit the controversy to a court of competent
jurisdiction located in the Commonwealth of Massachusetts. The
foregoing is a condition precedent to the filing of any action other than
an action for injunctive relief or if a Statute of Limitations may expire.
Each party shall be responsible for its own costs and expenses
including attorneys' fees and court costs incurred in the course of such
dispute, mediation, or legal proceeding. The fees of the mediator and
any filing fees shall be shared equally by the parties.
(4) Pending resolution of any such dispute or claim, by
settlement or final judgment, the SERVICE PROVIDER’s performance
shall continue in accordance with CDM SMITH’s written instructions.
N. Privity of Contract. (1) The contractual relationship for this
Service Order is between CDM SMITH and SERVICE PROVIDER.
There is no privity of contract between SERVICE PROVIDER and the
Government.
(2) All communications between SERVICE PROVIDER and
Government must be approved in advance by CDM SMITH’s Contract
Officer. In no event shall SERVICE PROVIDER provide cost estimates
or work products directly to the Government or any other third party.
(3) Under no circumstances shall SERVICE PROVIDER act upon
directions given by a representative of the Government without the
specific written confirmation by the CDM SMITH Contract Officer. All
such direction and technical liaison shall take place through CDM
SMITH. CDM SMITH will not be liable for costs of work performed by
SERVICE PROVIDER outside of these terms. If SERVICE
PROVIDER receives such direction from any representative of the
Government, SERVICE PROVIDER shall notify the CDM SMITH
Contract Officer as soon as possible before taking any action based
upon such direction.
O. Audit and Retention of Records. (1) SERVICE PROVIDER shall
maintain such books, records, documents and other evidence and
shall use such accounting procedures and practices as are necessary
to reflect properly all costs claimed to have been incurred or anticipated
to be incurred in performing this Service Order. An independent Certified
Public Accountant (CPA), as designated by CDM SMITH, shall have the
right to examine and audit all of the above in the SERVICE PROVIDER’s
offices, during normal business hours, upon reasonable notice to the
SERVICE PROVIDER.
(2) The independent CPA shall also have the right to examine and
audit all books, records, documents and other data of SERVICE
PROVIDER related to negotiation, pricing or performance of the Service
Order in order to evaluate the accuracy, completeness and currency of
the cost or pricing data. This right of examination and audit shall extend
to all documents necessary to permit adequate evaluation of the cost or
pricing data submitted, along with the computations and projections used.
(3) If SERVICE PROVIDER produces any cost, funding or
performance reports, the independent CPA shall also have the right to
examine and audit books, records and other documents and supporting
materials for the purpose of evaluating: (a) the effectiveness of SERVICE
PROVIDER’s policies and procedures to produce data compatible with
the objectives of these reports; and (b) the data reported.
(4) SERVICE PROVIDER shall make available at its office, during
normal business hours, upon reasonable notice the materials described
in the paragraphs above, for examination, audit or reproduction until the
expiration of three (3) years from the date of final payment or, in the
event of full or partial termination of this Service Order, from the date of
final settlement. Records relating to appeals under Article 5.N. ‘Disputes
and Claims’, or to litigation or the settlement of claims arising under, or
relating to this Service Order shall be made available until such appeals,
litigation or claims are disposed of.
(5) It is agreed that the independent CPA conducting such audits will
be required to maintain confidentiality of all rate information, including
specific labor rates, salaries and indirect rates, as well as accounting
systems, financial structure and pricing methodology information which
SERVICE PROVIDER claims as confidential business information.
(6) The right to audit or inspect indirect costs comprising SERVICE
PROVIDER’s overhead, G&A and other indirect rates shall reside only
with the Government or the independent CPA, as designated by CDM
SMITH.
P. Entire Agreement. This Service Order, including all attachments,
represents the entire agreement between the parties and supersedes all
prior agreements and understandings. Changes to this Service Order
may be effected only by written modification to the Service Order.
ARTICLE 6. SERVICE ORDER CLAUSES.
A. Federal Acquisition Regulation (FAR). This Service Order
incorporates herein by reference the most recently dated FAR clauses
listed in Paragraph E., below and elsewhere. The text of each clause
shall be deemed to be modified with respect to the identification of parties
as provided in Paragraphs B. and C., below. These clauses have the
same force and effect as if they were stated in full text. Copies of the
FAR clauses can be obtained via the Internet site at
http://www.acquisition.gov.
B. Rules of Construction. Unless one of the exceptions provided in
Paragraph C., below, applies, the term ‘Contract’ shall mean ‘Service
Order’; the term ‘Contractor’ shall mean ‘SERVICE PROVIDER’ the term
‘Government’ shall mean ‘CDM SMITH’ and the term ‘Contracting Officer’
shall mean “CDM SMITH’s Contract Officer’.
C. Exceptions. The following instances are exceptions to the general
rules of construction as provided in Paragraph B., above:
(1) where it is clear by the context of the provision itself, or the
conditions under which it is being applied, that the reference is intended
to refer to the Government, its officers, agents or any upper tier
contractor specifically;
(2) where an explicit provision of this Service Order states a
contrary intent;
(3) where access to proprietary financial information or other
proprietary data is required; or
(4) where interpretation, in accordance with the rules stated above,
would place SERVICE PROVIDER in a position of violating the
equivalent or related provision of the Prime Contract, whereas
construction of the terms without modification would not.
D. Disputes Clause. Reference in any provision incorporated by
reference herein to the ‘Disputes’ clause shall be construed as reference
to Article 5.M "Disputes and Claims” provision contained in this Service
Order. No provision herein shall be taken to imply direct access on the
part of the SERVICE PROVIDER to the disputes process as defined in
the terms of the Prime Contract.
Page 5
E.
FAR Clauses Incorporated by Reference.
(1) The following Articles are hereby incorporated by reference
into all Service Orders:
Article
Title of Clause
FAR Ref.
Article 6.1
Article 6.2
Article 6.3
Security Requirements
System for Award Management
Personal Identity Verification of Contractor
Personnel
Prohibition of Segregated Facilities
Equal Opportunity (Paragraph (c)
does not apply)
Combating Trafficking in Persons
Drug-free Workplace (Only applies
if award is to an individual.)
Notice of Radioactive Materials
Energy Efficiency in Energy-Consuming
Products (does not apply to A&E services)
Privacy Act Notification
Privacy Act
Restrictions on Certain Foreign
Purchases
Rights in Data -- General
Unenforceability of Unauthorized
Obligations
Providing Accelerated Payments to Small
Business Subcontractors
Subcontracts for Commercial Items
Government Property
Use and Charges
52.204-2
52.204-7
Article 6.4
Article 6.5
Article 6.6
Article 6.7
Article 6.8
Article 6.9
Article 6.10
Article 6.11
Article 6.12
Article 6.13
Article 6.14
Article 6.15
Article 6.16
Article 6.17
Article 6.18
52.204-9
52.222-21
52.222-26
52.222-50
52.223-6
52.223-7
52.223-15
52.224-1
52.224-2
52.225-13
52.227-14
52.232-39
52.232-40
52.244-6
52.245-1
52.245-9
(2) If the Service Order exceeds $3,000 or is expected to
exceed $3,000, the following Articles are hereby incorporated by
reference:
Article
Title of Clause
FAR Ref.
Article 6.19 Post-award Small Business Program
Rerepresentation
Article 6.20 Convict Labor
Article 6.21 Employment Eligibility Verification
Article 6.22 Encouraging Contractor Policies to Ban Text
Messaging While Driving
52.219-28
52.222-3
52.222-54
52.223-18
reference:
Article
Title of Clause
FAR Ref.
Article 6.23 Notification of Employee Rights under the
National Labor Relations Act
52.222-40
reference:
Article
Title of Clause
FAR Ref.
Article 6.24 Equal Opportunity for Workers with
Disabilities
52.222-36
reference:
Article
Title of Clause
FAR Ref.
Article 6.25 Reporting Executive Compensation
and First-Tier Subcontract Awards
52.204-10
(6) If the Service Order exceeds $30,000 or is expected to exceed
$30,000, the following Articles are hereby incorporated by reference:
Article
Title of Clause
Article 6.26 Protecting the Government’s Interest when
Subcontracting with Contractors Debarred,
Suspended, or Proposed for Debarment
FAR Ref.
Page 6
Article 6.30 Stop-Work Order
Article 6.31 Changes -- Fixed-Price, Alternates II
(Note: Modify Paragraph (c) from 30
to 20 days.)
Article 6.32 Inspection of Services -- Fixed-Price
Article 6.33 Termination for Convenience of the
(Government Services) (Short Form)
Article 6.34 Default (Fixed-Price Supply & Service)
52.242-15
52.243-1
52.246-4
52.249-1
52.249-8
52.209-6
reference:
(9) If the “Time & Materials” (T&M) block on the face of this
Service Order is checked, the following Articles are hereby
incorporated by reference:
Article
FAR Ref.
Article
52.222-35
52.222-37
Article 6.35 Allowable Cost and Payment
Article 6.36 Payments under T&M and Labor-Hour
Contracts
Article 6.37 Changes -- T&M or Labor Hours
(Modify Paragraph (c) from 30 to
20 days)
Article 6.38 Inspection -- T&M and Labor-Hour
Article 6.39 Termination (Cost Reimbursement)
Alternate IV
Article 6.40 Excusable Delays
Title of Clause
Article 6.27 Equal Opportunity for Veterans
Article 6.28 Employment Report for Veterans
(8) If the “Firm Fixed Price” or “Fixed Unit Price” block on the face
of this Service Order is checked, the following Articles are hereby
incorporated by reference:
Article
Title of Clause
Article 6.29 Payments
F.
FAR Ref.
52.232-1
Title of Clause
FAR Ref.
52.216-7
52.232-7
52.243-3
52.246-6
52.249-6
52.249-1
List Of Documents, Exhibits And Other Attachments
Supplemental Terms and Conditions
Service Contract Act - Wage Determinations
Attachment A - Statement of Work
Attachment B - Payment Schedule/Price Sheet
Attachment C - Reports of Work and Deliverables
Attachment D - Health and Safety
Attachment E - Insurance Requirements
Attachment F - Quality Assurance Plan (if applicable)
G.
Representations and Certifications
52.204-19 Incorporation by Reference of Representations and Certifications
The SERVICE PROVIDER’S representations and certifications, including those completed electronically via the System for Award Management
(SAM), are incorporated by reference into the Service Order.
(End of clause)
SERVICE ORDER CLOSEOUT RELEASE
The undersigned hereby certifies that the work covered by this Service Order has been completed in accordance with the terms of the Service Order and
agrees that upon receipt by the undersigned of a check from CDM SMITH in the amount of $___________________ payable to
_____________________ (SERVICE PROVIDER), and when the check has been properly endorsed and paid by the bank upon which it is drawn, this
document shall become effective to release any lien, stop notice, bond right, or other claim the undersigned has on the project at the site identified in the
Scope of Services and CDM SMITH to the following extent. This release covers the final payment for all labor, services, equipment or material furnished
under the Scope of Services.
SERVICE PROVIDER NAME ____________________________________________________________________________________________
SIGNATURE _________________________________________________________________________________________________________
TITLE _______________________________________________________________________________________________________________
DATE _______________________________________________________________________________________________________________
Page 7
ATTACHMENT A
STATEMENT OF WORK
Page 8
ATTACHMENT B
PAYMENT SCHEDULE/PRICE SHEET
Page 9
ATTACHMENT C
REPORTS OF WORK AND DELIVERABLES
Page 10
ATTACHMENT D
HEALTH AND SAFETY
Page 11
ATTACHMENT E
MINIMUM INSURANCE REQUIRED
The Subcontractor shall procure and thereafter maintain during the entire period of performance of this Subcontract and to
the extent possible, for at least three (3) years thereafter, the following insurance (indicated by X) with a Best rated
company or approved substitute.
Required
Type of Insurance
Limits
[ X ]
Commercial (General Liability)
- $1,000,000 per occurrence
- $1,000,000 in the aggregate
- Includes Contractual Liability for bodily injury, death or loss or damage to
property to third persons, independent contractor, products,
completed operations, and personal injury
- Includes XCU (explosion, collapse, and underground) hazard coverage
and premises operations when site visitation is required
- Limits may be less if supplemented by $1,000,000 per occurrence and
$1,000,000 per aggregate of Excess Umbrella Insurance
- Additional Insured: Required to name CDM Federal Programs Corporation
and the U.S. Government as additional Insured
[X]
Worker's Compensation
- Statutory
[X]
Employer's Liability
- $500,000 per occurrence
- Limit may be less if supplemented by $1,000,000 per occurrence and
[
Professional Liability
- $1,000,000 per claim
- $1,000,000 per aggregate
- Covers any claims arising out of negligent acts, errors, or omissions of
Subcontractor when performing professional services
- If work is expected to exceed $1,000,000 in any given year of the
Subcontract, the minimum coverage shall be $3,000,000 per claim
and $3,000,000 per aggregate
[X]
Pollution Liability Insurance
- Covers claims based on sudden and accidental discharges of hazardous
materials
[X]
Automobile Liability
- $1,000,000 combined single limit
- Includes Comprehensive, Bodily Injury and Property Damage coverage
- Limit may be less if supplemented by $1,000,000 per occurrence and
[
]
Automobile Liability with
MCS-90 Endorsement
- $5,000,000 combined single limit for hazardous transport
- $750,000 combined single limit for non hazardous transport
- Subcontractor or lower tier Transporter shall have all insurance as
required by the Department of Transportation
[
]
Excess/Umbrella Liability
]
Page 12
- May supplement Commercial (General) Liability, Automobile Liability, and
Employers Liability
- If subcontract value will exceed $1,000,000, then $2,000,000 per
occurrence and $2,000,000 per aggregate is required
- If services include transportation of hazardous materials, $5,000,000 per
occurrence and $5,000,000 per aggregate is required
Additional Insured: Required to name CDM Federal Programs
Corporation and the U.S. Government as additional Insured
[
[
]
Aircraft Public and Passenger
Liability
]
Vessel Liability
- If aircraft are used in the performance of this Subcontract, then insurance
in such amounts as CDM Federal Programs Corporation may require
or approve
- If vessels are used in the performance of this Subcontract, vessel collision
liability and protection and indemnity liability insurance in such
amounts as CDM Federal Programs Corporation may require or
approve.
1. All policies of insurance shall be endorsed so that Subcontractor’s insurance shall be primary and no contribution shall
be required by CDM Federal Programs Corporation. For all policies, the Subcontractor and its insurers shall
waive their rights of subrogation against CDM Federal Programs Corporation.
2. Should any of the policies be cancelled before the expiration thereof, notice will be delivered in accordance with the
policy provisions. Subcontractor shall provide notice to CDM Federal Programs Corporation at any time Subcontractor
becomes aware of any cancellation or material change in the above insurance policies.
3. Subcontractor shall provide copies of its insurance certificates prior to execution of this Subcontract and upon renewal
of each policy noted above. The insurance certificate(s) shall include a copy of an endorsement agreeing to
provide CDM Federal Programs Corporation with a notice of a change in limits or scope of any coverage. . If
Subcontractor fails to make insurance premium payments or cancels its insurance, CDM Federal Programs
Corporation must be notified and all work under the Subcontract will be terminated.
The Certificate Holder box on the insurance certificate should include the following name and address as checked.
[X]
3201 Jermantown Road, Suite 400
Fairfax, VA 22030
[
555 17th Street, Suite 1100
Denver, CO 80202
]
4. Subcontractor shall insert the substance of this attachment in any lower tier subcontracts and consulting agreements
under this Subcontract, including this paragraph 4.
Page 13
ATTACHMENT F
QUALITY ASSURANCE PLAN
PART 7a
EPA RAC(2) – REGION 3
PURSUANT TO PRIME CONTRACT NO. EP-S3-07-06
CLIENT NO. 3330-3333
GENERAL RULES OF CONSTRUCTION
(a) This Subcontract incorporates the Federal Acquisition Regulation (FAR) and Environmental
Protection Agency Acquisition Regulation (EPAAR) clauses listed herein. The text of each clause
shall be deemed to be modified with respect to the identification of parties as provided in
paragraphs (b) and (c) below. The most recently dated clauses are incorporated by reference
with the same force and effect as if they were given in full text. FAR and EPAAR clauses can be
accessed via the Internet site at http://www.acquisition.gov.
(b) Unless one of the exceptions provided in paragraph (c) below shall apply, the term
"Contract" shall mean "Subcontract"; the term "Contractor" shall mean "Subcontractor"; the term
"Government" shall mean "CDM Federal"; and the term "Contracting Officer" shall mean the
"CDM Federal Contract Officer".
(c)
The following instances are exceptions to the general rules of construction as provided in
paragraph (b):
(i)
Where it is clear, by the context of the provision itself or the conditions under which it
is being applied, that the reference is intended to refer to the Government, its officers or agents,
or the prime contractor specifically;
(ii)
Where an explicit provision of this Subcontract states a contrary intent;
(iii) Where access to proprietary financial information or other proprietary data is
required; or
(iv) Where interpretation in accordance with the rules stated above would place the prime
contractor in a position of violating the equivalent or related provisions of the prime contract
whereas construction of the terms without modification would not.
(d) References in any provision incorporated by reference herein to the "Disputes" clause shall
be construed as references to the “Disputes” clause contained in Section G of this Subcontract.
No provision herein shall be taken to imply any direct access on the part of the Subcontractor to
the disputes process as defined in the terms of the prime contract.
SECTION A – CLAUSES INCORPORATED BY REFERENCE
A.1
FAR CLAUSE
The following FAR clauses are hereby incorporated by reference:
NUMBER
TITLE
52.215-21
REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER
THAN COST OR PRICING DATA – MODIFICATIONS (applies to awards
exceeding $700K)
NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION
DUES OR FEES (applies to awards exceeding $150K)
SERVICE CONTRACT ACT OF 1965, AS AMENDED
STOP WORK ORDER, ALTERNATE 1
52.222-39
52.222-41
52.242-15
Supplemental Conditions RAC III
1
A.2
EPAAR CLAUSES
The following EPAAR clauses are hereby incorporated by reference:
NUMBER
TITLE
1552.208-70
1552-209-71
1552.209-73
1552.209-74
1552.227-76
1552.235-70
1552.235-71
1552.235-73
PRINTING
ORGANIZATIONAL CONFLICTS OF INTEREST
NOTIFICATION OF CONFLICTS OF INTEREST REGARDING PERSONNEL
LIMITATION OF FUTURE CONTRACTING (RAC)
PROJECT EMPLOYEE CONFIDENTIALITY AGREEMENT
SCREENING BUSINESS INFORMATION FOR CLAIMS OF CONFIDENTIALITY
TREATMENT OF CONFIDENTIAL BUSINESS INFORMATION
ACCESS TO FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT
CONFIDENTIAL BUSINESS INFORMATION
TREATMENT OF CONFIDENTIAL BUSINESS INFORMATION (TSCA)
RELEASE OF CONTRACTOR CONFIDENTAIL BUSINESS INFORMATION
PUBLICITY
1552.235-76
1552.235-79
1552.237-74
SECTION B – FLOW DOWN CLAUSES INCORPORATED IN FULL TEXT
B.1
B.2
B.3
B.4
B.5
B.6
B.7
B.8
B.1
NOTICE REGARDING PROHIBITED CONTRACTOR ACTIVITIES ON ENVIRONMENTAL
PROTECTION AGENCY (EPA) CONTRACTS (EP 52.000-000) (NOV 1994)
DEVIATION
USE OF RECOVERED MATERIALS IN PAPER AND PAPER PRODUCTS
(EP 52.210-150) (JUN 1991)
SUBCONTRACT REPORTING UNDER THE SMALL BUSINESS COMPETITIVENESS
DEMONSTRATION PRORAM (EP 52.219-40) (JAN 1994) (applies to awards exceeding
$25,000 – does not apply to awards issued to small businesses)
FUTURE EXPERT CONSULTING SERVICES
EXPERT TESTIMONY
UTILIZATION OF RURAL AREA SMALL BUSINESS CONCERNS (E-42.219-110)
(APR 1990)
UTILIZATION OF HISTORICALLY BLACK COLLEGES AND UNIVERSITIES
(EP 52.219-115) (JUL 1991)
SIGNING OF UNIFORM WASTE MANIFEST AND LAND BAN NOTIFICATION/
CERTIFICATION
NOTICE
REGARDING
PROHIBITED
CONTRACTOR
ACTIVITIES
ON
ENVIRONMENTAL PROTECTION AGENCY (EPA) CONTRACTS (EP 52.000-000) (NOV
1994) DEVIATION
The Contractor shall not perform any of the following activities on behalf of EPA in
connection with this contract:
1.
The actual preparation of Congressional testimony.
2.
The interviewing or hiring of individuals for employment at EPA.
3.
Developing and/or writing of Position Descriptions and Performance Standards.
4.
The actual determination of Agency policy.
5.
Participating as a voting member on a Performance Evaluation Board; participating in
and/or attending Award Fee meetings.
2
6.
Preparing Award Fee Letters, even under typing services contracts.
7.
The actual preparation of Award Fee Plans.
8.
The preparation of documents on EPA Letterhead other than routine administrative
correspondence.
9.
Reviewing vouchers and invoices for the purposes of determining whether costs,
hours, and work performed are reasonable.
10.
The preparation of Statements of Work, Work Assignments, Technical Direction
Documents, Delivery Orders, or any other work issuance document under a contract
that the contractor is performing or may perform. Such a work issuance document,
prepared by an EPA prime contractor under an EPA prime contract for its
subcontractor, is exempt from this prohibition.
11.
The actual preparation of responses to audit reports from the Inspector General,
General Accounting Office, or other auditing entities.
12.
Preparing responses to Congressional correspondence.
13.
The actual preparation of responses to Freedom of Information Act requests, other
than routine, non-judgmental correspondence.
14.
Any contract which authorizes a contractor to represent itself as EPA to outside
parties.
15.
Conducting administrative hearings.
16.
Reviewing findings concerning the eligibility of EPA employees for security
clearances.
17.
The actual preparation of an office's official budget request.
B.2
USE OF RECOVERED MATERIALS IN PAPER AND PAPER PRODUCTS (EP 52.210150) (JUN 1991)
(a)
If the Contractor is required under this contract to deliver any of the paper and paper
products listed below, all such items delivered shall meet the minimum content standards
for recovered materials, post consumer recovered materials, or waste paper set forth below
in paragraph (b).
(b)
(1)
Recovered materials are defined as waste material and by- products that have been
recovered or diverted from solid waste, not including those materials and by-products
generated from, and commonly reused within, an original manufacturing process.
(2)
Post consumer recovered materials are defined as waste materials recovered from
retail stores, office buildings, homes, and so forth after they passed through their end
usage as a consumer item.
(3)
Waste paper is defined as all items from the first two categories above in addition to
forest residues, and manufacturing and other wastes.
Unless otherwise directed by the Contracting Officer, the Contractor shall use "High Grade
Bleached Printing and Writing Papers" as defined in this clause to produce all progress
3
reports, draft reports, final reports, any other products required to be delivered to the
Government under this contract.
EPA MINIMUM CONTENT STANDARDS FOR SELECTED PAPER AND PAPER PRODUCTS
Minimum %
Recovered
Materials
Minimum %
Minimum%
Post consumer
Waste
Recovered
Paper
Materials
__________________________________________________________________________
NEWSPRINT ....................................................………………………………40
HIGH GRADE BLEACHED PRINTING AND WRITING PAPERS:
Offset printing ....................................... …………………………………………50
Mimeo and duplicator paper ............................ …………………………………50
Writing (stationery) .................................. ………………………………………50
Office paper (e.g., note pads)......................... …………………………………50
Paper for high speed copiers .......................... …………………………………50
Envelopes ............................................ …………………………………………50
Form bond including computer ...................................................................50
Paper and carbonless
Book papers .......................................... …………………………………………50
Bond papers ........................................... …………………………………………50
Ledger ................................................…………………………………………… 50
Cover stock ...............................................................................................50
Cotton Fiber papers ................................ 25......................…………………… 50
TISSUE PRODUCTS:
Toilet tissue ............................……………………………… 20
Paper towels .............................……………………………. 40
Paper napkins ………………………………………………. 30
Facial tissue ............................………………………………. 5
Doilies ..................................……………………………….. 40
Industrial wipes .........................…………………………….. 0
UNBLEACHED PACKAGING:
Corrugated boxes .........................…………………………. 35
Fiber boxes ..............................…………………………… 35
Brown papers (e.g. bags)..................………………………... 5
RECYCLED PAPERBOARD:
Recycled paperboard products .............…………………….80
Pad backing ..............................……………………………. 90
B.3
SUBCONTRACT REPORTING UNDER THE SMALL BUSINESS COMPETITIVENESS
DEMONSTRATION PRORAM (EP 52.219-40) (JAN 1994)
(a)
In accordance with this clause and the reporting form and instructions, included as an
attachment to this contract, the Contractor shall submit a completed Form XXX to the
Contracting Officer with a copy to CDM Federal. This form shall be submitted on a quarterly
basis within 30 days of the end of the reporting period.
(b)
The Contractor shall include subparagraph (a) of this clause in subcontracts with an
estimated value over $25,000 awarded under this contract, excluding subcontracts with
small business and small disadvantaged business firms, non-profits, educational
institutions, and state and local governments. The Contractor shall also include this
4
subparagraph (b), or its equivalent, in any such subcontract so that these requirements will
be binding upon subcontracts awarded through the second tier.
(c)
B.4
The Contractor shall include the prime contract number in its subcontracts and require its
subcontractors through the second tier (except small business and small disadvantaged
business firms, non-profit, educational institutions, and state and local governments) to
include both the prime contract number and their subcontract number in their subcontracts.
(Note: The prime contract number shall be the identifier used to track all subcontract
activity under the prime contract.)
FUTURE EXPERT CONSULTING SERVICES
It is recognized that, subsequent to the performance period of this Subcontract, the need may
arise to provide expert testimony during hearings and/or court proceedings involving site specific
activities or other matters, with regard to which personnel provided by the Subcontractor under
this Subcontract (including lower-tier Subcontractor personnel) would have gained expertise as a
result of tasks performed under this Subcontract. Therefore, the Subcontractor agrees to make
available expert consulting services in support of such future proceedings, and to enter into intent
agreements as necessary with lower-tier Subcontractors to ensure the availability of
Subcontractor personnel, provided under this Subcontract, to provide expert consulting services.
Agreement to provide such services in the future serves as a notice of intent only. Such services
are not purchased hereby and will be obtained through a separate contractual agreement.
B.5
EXPERT TESTIMONY
From time to time, the Government may have the need for expert testimony during enforcement
proceedings for a given site where the Subcontractor provided services. If ordered by CDM
Federal, such effort shall be considered within the scope of this Subcontract. The individual(s)
selected to testify shall be fully knowledgeable of the details of the site under litigation, shall be
credible, and be an expert in their field. The testimony will normally relate to what actions the
Subcontractor took at a site. In the event such services are required after performance of this
Subcontract, a separate negotiated procurement action may be instituted with the Subcontractor.
B.6
UTILIZATION OF RURAL AREA SMALL BUSINESS CONCERNS (EP 52.219-110)
(APR 1990)
(a)
(1)
“Rural area small business concern,” as used in this clause, means a small
business concern that is located and conducts its principal operations in a rural
geographic area (county or parish) listed in the Small Business Administration’s
Listing of Non-Metropolitan Rural counties by State.
(2)
“Small business concern,” as used in this clause, 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 and size standard in 13 CFR 121.
(b)
It is the policy of the Environmental Protection Agency (EPA) that rural area small
business concerns shall have the maximum practicable opportunity to participate in
performing contracts awarded by EPA.
(c)
The contractor shall use its best efforts to give rural area small business concerns the
opportunity to participate in the subcontracts it awards to the fullest extent consistent with
efficient performance of this contract.
(d)
The contractor shall incorporate the substance of this clause in any subcontract that may
provide for additional subcontracting opportunities.
5
B.7
UTILIZATION OF HISTORICALLY BLACK COLLEGES AND UNIVERSITIES (EPA
52.219-115) (JUL 1991)
(a)
It is the Policy of the Environmental Protection Agency that historically black colleges and
universities shall have the maximum practicable opportunity to participate in performing
contracts awarded to by the agency.
(b)
The Contractor shall use its best efforts to give historically black colleges and universities
the opportunity to participate in any subcontracts awarded to the fullest extent consistent
with efficient performance of this contract.
(c)
The contractor shall incorporate the substance of this clause in any subcontract which
may provide for additional subcontracting opportunities.
B.8
SIGNING OF UNIFORM WASTE MANIFEST AND LAND BAN NOTIFICATION/
CERTIFICATION
(a)
Unless otherwise directed in writing by the CDM Federal, the Subcontractor is authorized
to sign uniform hazardous waste manifest forms (40 CFR Part 62) (“manifests”) and land
ban notifications/certifications/demonstrations (40 CFR Part 268.7 and .8) (“land ban
records”) for EPA at Superfund sites which involve off-site transport of hazardous wastes.
The Subcontractor shall sign the manifests and land bans after writing or printing the
phrase "On behalf of the United States Environmental Protection Agency" in the
signature block. The Subcontractor shall not be considered a generator of hazardous
waste solely as a result of having signed the manifests or land ban records on behalf of
EPA. Nothing contained in this paragraph shall be construed to create an agency
relationship between the Subcontractor and EPA except with respect to the authorization
to sign the manifests and land ban records. This authorization only extends to sites
assigned under this subcontract.
(B)
This clause may be inserted in subcontracts. The Subcontractor may delegate the
authority set forth therein to its subcontractors.
6
PART 8
SERVICE CONTRACT ACT
WAGE DETERMINATION
1 of 10
http://www.wdol.gov/wdol/scafiles/std/05-2447.txt?v=18
WD 05-2447 (Rev.-18) was first posted on www.wdol.gov on 01/05/2016
************************************************************************************
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.: 2005-2447
Daniel W. Simms
Division of
|
Revision No.: 18
Director
Wage Determinations|
Date Of Revision: 12/29/2015
_______________________________________|____________________________________________
Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for
calendar year 2016 applies to all contracts subject to the Service Contract
Act for which the 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 $10.15 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 2016. 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: Pennsylvania
Area: Pennsylvania Counties of Berks, Cumberland, Dauphin, Juniata, Lancaster,
Lebanon, Mifflin, Montour, Northumberland, Perry, Snyder, Union
____________________________________________________________________________________
**Fringe Benefits Required Follow the Occupational Listing**
OCCUPATION CODE - TITLE
FOOTNOTE
RATE
01000 - Administrative Support And Clerical Occupations
01011 - Accounting Clerk I
14.81
01012 - Accounting Clerk II
16.64
01013 - Accounting Clerk III
18.60
01020 - Administrative Assistant
21.90
01040 - Court Reporter
22.23
01051 - Data Entry Operator I
12.14
01052 - Data Entry Operator II
13.24
01060 - Dispatcher, Motor Vehicle
18.09
01070 - Document Preparation Clerk
13.74
01090 - Duplicating Machine Operator
13.91
01111 - General Clerk I
11.55
01112 - General Clerk II
12.62
01113 - General Clerk III
14.16
01120 - Housing Referral Assistant
19.71
01141 - Messenger Courier
11.60
01191 - Order Clerk I
12.19
01192 - Order Clerk II
14.87
01261 - Personnel Assistant (Employment) I
16.27
01262 - Personnel Assistant (Employment) II
18.20
01263 - Personnel Assistant (Employment) III
20.29
01270 - Production Control Clerk
19.92
01280 - Receptionist
12.17
01290 - Rental Clerk
12.94
01300 - Scheduler, Maintenance
15.61
01311 - Secretary I
15.61
01312 - Secretary II
17.68
01313 - Secretary III
19.71
01320 - Service Order Dispatcher
16.83
01410 - Supply Technician
21.90
01420 - Survey Worker
14.90
6/2/2016 9:14 AM
2 of 10
01531
01532
01533
01611
01612
01613
05000 05005
05010
05040
05070
05110
05130
05160
05190
05220
05250
05280
05310
05340
05370
05400
07000 07010
07041
07042
07070
07130
07210
07260
09000 09010
09040
09080
09090
09110
09130
11000 11030
11060
11090
11122
11150
11210
11240
11260
11270
11330
11360
12000 12010
12011
12012
12015
12020
12025
12030
12035
12040
12071
12072
12073
- Travel Clerk I
- Travel Clerk II
- Travel Clerk III
- Word Processor I
- Word Processor II
- Word Processor III
Automotive Service Occupations
- Automobile Body Repairer, Fiberglass
- Automotive Electrician
- Automotive Glass Installer
- Automotive Worker
- Mobile Equipment Servicer
- Motor Equipment Metal Mechanic
- Motor Equipment Metal Worker
- Motor Vehicle Mechanic
- Motor Vehicle Mechanic Helper
- Motor Vehicle Upholstery Worker
- Motor Vehicle Wrecker
- Painter, Automotive
- Radiator Repair Specialist
- Tire Repairer
- Transmission Repair Specialist
Food Preparation And Service Occupations
- Baker
- Cook I
- Cook II
- Dishwasher
- Food Service Worker
- Meat Cutter
- Waiter/Waitress
Furniture Maintenance And Repair Occupations
- Electrostatic Spray Painter
- Furniture Handler
- Furniture Refinisher
- Furniture Refinisher Helper
- Furniture Repairer, Minor
- Upholsterer
General Services And Support Occupations
- Cleaner, Vehicles
- Elevator Operator
- Gardener
- Housekeeping Aide
- Janitor
- Laborer, Grounds Maintenance
- Maid or Houseman
- Pruner
- Tractor Operator
- Trail Maintenance Worker
- Window Cleaner
Health Occupations
- Ambulance Driver
- Breath Alcohol Technician
- Certified Occupational Therapist Assistant
- Certified Physical Therapist Assistant
- Dental Assistant
- Dental Hygienist
- EKG Technician
- Electroneurodiagnostic Technologist
- Emergency Medical Technician
- Licensed Practical Nurse I
- Licensed Practical Nurse II
- Licensed Practical Nurse III
12.01
12.88
13.80
14.25
15.84
17.68
19.95
18.12
17.37
17.37
15.88
18.68
17.37
18.68
15.12
16.62
17.37
18.12
17.37
14.53
18.68
12.53
11.49
12.85
8.54
9.61
15.48
8.87
18.88
14.47
18.88
15.75
17.31
19.54
11.05
11.05
14.73
12.29
12.29
12.18
9.52
11.32
13.89
12.18
12.61
13.73
17.37
21.31
20.19
15.04
27.49
22.45
22.45
13.73
15.53
17.37
19.38
6/2/2016 9:14 AM
3 of 10
12100 - Medical Assistant
12130 - Medical Laboratory Technician
12160 - Medical Record Clerk
12190 - Medical Record Technician
12195 - Medical Transcriptionist
12210 - Nuclear Medicine Technologist
12221 - Nursing Assistant I
12222 - Nursing Assistant II
12223 - Nursing Assistant III
12224 - Nursing Assistant IV
12235 - Optical Dispenser
12236 - Optical Technician
12250 - Pharmacy Technician
12280 - Phlebotomist
12305 - Radiologic Technologist
12311 - Registered Nurse I
12312 - Registered Nurse II
12313 - Registered Nurse II, Specialist
12314 - Registered Nurse III
12315 - Registered Nurse III, Anesthetist
12316 - Registered Nurse IV
12317 - Scheduler (Drug and Alcohol Testing)
13000 - Information And Arts Occupations
13011 - Exhibits Specialist I
13012 - Exhibits Specialist II
13013 - Exhibits Specialist III
13041 - Illustrator I
13042 - Illustrator II
13043 - Illustrator III
13047 - Librarian
13050 - Library Aide/Clerk
13054 - Library Information Technology Systems
Administrator
13058 - Library Technician
13061 - Media Specialist I
13062 - Media Specialist II
13063 - Media Specialist III
13071 - Photographer I
13072 - Photographer II
13073 - Photographer III
13074 - Photographer IV
13075 - Photographer V
13110 - Video Teleconference Technician
14000 - Information Technology Occupations
14041 - Computer Operator I
14042 - Computer Operator II
14043 - Computer Operator III
14044 - Computer Operator IV
14045 - Computer Operator V
14071 - Computer Programmer I
14072 - Computer Programmer II
(see
14073 - Computer Programmer III
(see
14074 - Computer Programmer IV
(see
14101 - Computer Systems Analyst I
(see
14102 - Computer Systems Analyst II
(see
14103 - Computer Systems Analyst III
(see
14150 - Peripheral Equipment Operator
14160 - Personal Computer Support Technician
15000 - Instructional Occupations
15010 - Aircrew Training Devices Instructor (Non-Rated)
15020 - Aircrew Training Devices Instructor (Rated)
15030 - Air Crew Training Devices Instructor (Pilot)
13.30
15.26
13.99
14.00
14.74
29.16
10.02
11.26
12.29
13.79
18.11
15.63
13.18
13.79
24.57
22.75
27.84
27.84
33.68
33.68
40.36
20.76
19.05
23.61
28.89
18.66
23.13
28.30
25.61
10.60
23.13
14.66
16.68
18.66
20.82
17.17
19.67
23.69
28.98
35.06
19.28
16.25
18.18
20.28
22.53
24.94
21.66
1)
1)
1)
1)
1)
1)
16.25
22.53
28.57
34.57
41.43
6/2/2016 9:14 AM
4 of 10
15050
15060
15070
15080
15090
15095
15110
15120
16000 16010
16030
16040
16070
16090
16110
16130
16160
16190
16220
16250
19000 19010
19040
21000 21020
21030
21040
21050
21071
21080
21110
21130
21140
21150
21210
21410
23000 23010
23021
23022
23023
23040
23050
23060
23080
23110
23120
23125
23130
23140
23160
23181
23182
23183
23260
23290
23310
23311
23312
23370
23380
23381
- Computer Based Training Specialist / Instructor
- Educational Technologist
- Flight Instructor (Pilot)
- Graphic Artist
- Technical Instructor
- Technical Instructor/Course Developer
- Test Proctor
- Tutor
Laundry, Dry-Cleaning, Pressing And Related Occupations
- Assembler
- Counter Attendant
- Dry Cleaner
- Finisher, Flatwork, Machine
- Presser, Hand
- Presser, Machine, Drycleaning
- Presser, Machine, Shirts
- Presser, Machine, Wearing Apparel, Laundry
- Sewing Machine Operator
- Tailor
- Washer, Machine
Machine Tool Operation And Repair Occupations
- Machine-Tool Operator (Tool Room)
- Tool And Die Maker
Materials Handling And Packing Occupations
- Forklift Operator
- Material Coordinator
- Material Expediter
- Material Handling Laborer
- Order Filler
- Production Line Worker (Food Processing)
- Shipping Packer
- Shipping/Receiving Clerk
- Store Worker I
- Stock Clerk
- Tools And Parts Attendant
- Warehouse Specialist
Mechanics And Maintenance And Repair Occupations
- Aerospace Structural Welder
- Aircraft Mechanic I
- Aircraft Mechanic II
- Aircraft Mechanic III
- Aircraft Mechanic Helper
- Aircraft, Painter
- Aircraft Servicer
- Aircraft Worker
- Appliance Mechanic
- Bicycle Repairer
- Cable Splicer
- Carpenter, Maintenance
- Carpet Layer
- Electrician, Maintenance
- Electronics Technician Maintenance I
- Electronics Technician Maintenance II
- Electronics Technician Maintenance III
- Fabric Worker
- Fire Alarm System Mechanic
- Fire Extinguisher Repairer
- Fuel Distribution System Mechanic
- Fuel Distribution System Operator
- General Maintenance Worker
- Ground Support Equipment Mechanic
- Ground Support Equipment Servicer
28.57
27.95
41.43
20.05
23.54
28.80
19.00
19.90
9.39
9.39
12.07
9.39
9.39
9.39
9.39
9.39
12.84
13.56
10.27
18.47
21.57
15.01
20.74
20.74
15.53
11.42
15.01
13.40
13.40
12.78
15.99
15.01
15.01
23.48
22.26
23.48
24.38
18.02
21.21
19.81
20.71
21.05
14.53
28.34
19.67
17.11
23.72
20.65
22.01
26.64
18.94
21.92
17.88
23.48
19.02
17.30
22.26
19.81
6/2/2016 9:14 AM
5 of 10
23382 - Ground Support Equipment Worker
23391 - Gunsmith I
23392 - Gunsmith II
23393 - Gunsmith III
23410 - Heating, Ventilation And Air-Conditioning
Mechanic
23411 - Heating, Ventilation And Air Contditioning
Mechanic (Research Facility)
23430 - Heavy Equipment Mechanic
23440 - Heavy Equipment Operator
23460 - Instrument Mechanic
23465 - Laboratory/Shelter Mechanic
23470 - Laborer
23510 - Locksmith
23530 - Machinery Maintenance Mechanic
23550 - Machinist, Maintenance
23580 - Maintenance Trades Helper
23591 - Metrology Technician I
23592 - Metrology Technician II
23593 - Metrology Technician III
23640 - Millwright
23710 - Office Appliance Repairer
23760 - Painter, Maintenance
23790 - Pipefitter, Maintenance
23810 - Plumber, Maintenance
23820 - Pneudraulic Systems Mechanic
23850 - Rigger
23870 - Scale Mechanic
23890 - Sheet-Metal Worker, Maintenance
23910 - Small Engine Mechanic
23931 - Telecommunications Mechanic I
23932 - Telecommunications Mechanic II
23950 - Telephone Lineman
23960 - Welder, Combination, Maintenance
23965 - Well Driller
23970 - Woodcraft Worker
23980 - Woodworker
24000 - Personal Needs Occupations
24570 - Child Care Attendant
24580 - Child Care Center Clerk
24610 - Chore Aide
24620 - Family Readiness And Support Services
Coordinator
24630 - Homemaker
25000 - Plant And System Operations Occupations
25010 - Boiler Tender
25040 - Sewage Plant Operator
25070 - Stationary Engineer
25190 - Ventilation Equipment Tender
25210 - Water Treatment Plant Operator
27000 - Protective Service Occupations
27004 - Alarm Monitor
27007 - Baggage Inspector
27008 - Corrections Officer
27010 - Court Security Officer
27030 - Detection Dog Handler
27040 - Detention Officer
27070 - Firefighter
27101 - Guard I
27102 - Guard II
27131 - Police Officer I
27132 - Police Officer II
20.71
17.88
19.99
22.07
19.52
21.24
22.88
21.41
21.92
21.05
14.89
18.32
20.20
20.59
14.97
21.92
22.95
24.00
24.50
21.44
20.88
23.41
22.03
22.07
22.07
19.99
22.36
18.10
26.92
27.98
23.48
19.46
22.07
22.07
16.54
11.43
16.23
11.03
17.23
16.73
22.00
19.78
22.00
16.76
19.78
16.47
12.52
22.18
22.18
16.29
22.18
20.45
12.52
16.29
26.75
29.73
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28000 - Recreation Occupations
28041 - Carnival Equipment Operator
28042 - Carnival Equipment Repairer
28043 - Carnival Equpment Worker
28210 - Gate Attendant/Gate Tender
28310 - Lifeguard
28350 - Park Attendant (Aide)
28510 - Recreation Aide/Health Facility Attendant
28515 - Recreation Specialist
28630 - Sports Official
28690 - Swimming Pool Operator
29000 - Stevedoring/Longshoremen Occupational Services
29010 - Blocker And Bracer
29020 - Hatch Tender
29030 - Line Handler
29041 - Stevedore I
29042 - Stevedore II
30000 - Technical Occupations
30010 - Air Traffic Control Specialist, Center (HFO)
(see
30011 - Air Traffic Control Specialist, Station (HFO) (see
30012 - Air Traffic Control Specialist, Terminal (HFO) (see
30021 - Archeological Technician I
30022 - Archeological Technician II
30023 - Archeological Technician III
30030 - Cartographic Technician
30040 - Civil Engineering Technician
30061 - Drafter/CAD Operator I
30062 - Drafter/CAD Operator II
30063 - Drafter/CAD Operator III
30064 - Drafter/CAD Operator IV
30081 - Engineering Technician I
30082 - Engineering Technician II
30083 - Engineering Technician III
30084 - Engineering Technician IV
30085 - Engineering Technician V
30086 - Engineering Technician VI
30090 - Environmental Technician
30210 - Laboratory Technician
30240 - Mathematical Technician
30361 - Paralegal/Legal Assistant I
30362 - Paralegal/Legal Assistant II
30363 - Paralegal/Legal Assistant III
30364 - Paralegal/Legal Assistant IV
30390 - Photo-Optics Technician
30461 - Technical Writer I
30462 - Technical Writer II
30463 - Technical Writer III
30491 - Unexploded Ordnance (UXO) Technician I
30492 - Unexploded Ordnance (UXO) Technician II
30493 - Unexploded Ordnance (UXO) Technician III
30494 - Unexploded (UXO) Safety Escort
30495 - Unexploded (UXO) Sweep Personnel
30620 - Weather Observer, Combined Upper Air Or
(see
Surface Programs
30621 - Weather Observer, Senior
(see
31000 - Transportation/Mobile Equipment Operation Occupations
31020 - Bus Aide
31030 - Bus Driver
31043 - Driver Courier
31260 - Parking and Lot Attendant
31290 - Shuttle Bus Driver
31310 - Taxi Driver
10.50
11.56
8.96
14.00
11.03
15.57
11.37
13.83
11.65
18.30
18.86
18.86
18.86
17.87
19.86
2)
2)
2)
2)
35.77
24.66
27.16
16.75
19.39
23.05
23.05
22.90
16.63
18.82
20.75
25.52
14.87
16.68
18.66
23.17
28.33
34.27
24.75
21.22
23.05
17.56
23.32
28.53
34.52
23.05
19.51
23.85
28.88
22.74
27.51
32.97
22.74
22.74
20.75
2)
23.05
11.83
15.21
14.56
9.56
15.49
9.90
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31361
31362
31363
31364
99000 99030
99050
99095
99251
99252
99310
99410
99510
99710
99711
99730
99810
99820
99830
99831
99832
99840
99841
99842
- Truckdriver, Light
- Truckdriver, Medium
- Truckdriver, Heavy
- Truckdriver, Tractor-Trailer
Miscellaneous Occupations
- Cashier
- Desk Clerk
- Embalmer
- Laboratory Animal Caretaker I
- Laboratory Animal Caretaker II
- Mortician
- Pest Controller
- Photofinishing Worker
- Recycling Laborer
- Recycling Specialist
- Refuse Collector
- Sales Clerk
- School Crossing Guard
- Survey Party Chief
- Surveying Aide
- Surveying Technician
- Vending Machine Attendant
- Vending Machine Repairer
- Vending Machine Repairer Helper
15.49
18.05
20.41
20.41
8.64
10.46
27.90
10.41
11.04
29.93
14.50
10.53
13.41
15.28
12.45
12.47
10.31
20.86
14.29
18.40
13.35
15.35
13.35
____________________________________________________________________________________
ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:
HEALTH & WELFARE: $4.27 per hour or $170.80 per week or $740.13 per month
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 4174)
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
6/2/2016 9:14 AM
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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
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 ordinance, explosives, and incendiary materials. This
includes work such as screening, blending, dying, mixing, and pressing of sensitive
ordance, explosives, and pyrotechnic compositions such as lead azide, 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 regrading 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
ordance, (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 ordance, 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
ordance, 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:
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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.
The duties of employees under job titles listed are those described in the
"Service Contract Act Directory of Occupations", Fifth Edition, April 2006,
unless otherwise indicated. Copies of the Directory are available on the Internet. A
links to the Directory may be found on the WHD home page at http://www.dol.
gov/esa/whd/ or through the Wage Determinations On-Line (WDOL) Web site at
http://wdol.gov/.
REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form
1444 (SF 1444)}
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. Such
conformed classes of employees shall be paid the monetary wages and furnished the
fringe benefits as are determined. Such conforming process shall be initiated by
the contractor prior to the performance of contract work by such unlisted class(es)
of employees. The conformed classification, wage rate, and/or fringe benefits shall
be retroactive to the commencement date of the contract. {See Section 4.6 (C)(vi)}
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
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 Wage
and Hour Division, Employment Standards Administration, U.S. Department of Labor,
for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4).
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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 decision to the contractor.
6) The contractor informs the affected employees.
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" (the Directory) should be used to compare job definitions to insure
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.
6/2/2016 9:14 AM

IFB-3330-049-006-SI_Solicitation

Transcription

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