U. S. Army Corps of Engineers, Omaha District, 215 North 17th Street, Omaha, NE 68102-4978

R -- NATIONWIDE POTENTIAL RESPONSIBLE PARTY SUPPORT CONTRACT DUE 080599 POC Ellen Baumert, (402) 221-3189 E-MAIL: Ellen Baumert, ellen.c.baumert@usace.army.mil. Market Survey for Nationwide Potential Responsible Party Support. The United States Army Corps of Engineers (USACE) Hazardous, Toxic and Radioactive Waste Center of Expertise (HTRW-CX) is seeking information on potential proposers to respond to a solicitation for services under two indefinite delivery fixed unit price contracts. Each contract would have a maximum order amount of $3 million, and a minimum contract award amount of $50,000, with no maximum or minimum for individual delivery orders. The delivery orders will be for a fixed price lump sum, negotiated individually based on the unit prices established upon award of the contract. The term of the contracts will be a basic period of 3 (three) years, with one option for an additional 2 (two) years. Work under the contract could be required at any location in the United States, including Alaska and Hawaii. The services to be acquired will provide support to legal counsel for USACE, the United States Department of Justice, or other federal agency attorneys working on environmental compliance, restoration or liability cases with contested issues that may be or are already involved in regulatory enforcement or litigation. The substantive contractor deliverables will be at the direction of and under the control of government legal counsel, although contract management functions will be provided by other USACE staff. All proposers, and the two successful contractors will be required to provide truthful and complete disclosures of actual or potential conflicts of interest, both in the proposal responding to the solicitation, and for each and every delivery order. These disclosures will include site specific and general consultation services under contracts with regulatory agencies at the federal, state or local level, as well as with any other party that has been named as a potentially responsible party under federal or state law, if the services relate to assistance on enforcement of or defense against assertions of liability for environmental contamination. In addition, as consideration for award of a delivery order, the successful contractors will be required to enter into enforceable agreements with USACE for each delivery order promising not to accept work from any government agency or private entity with regard to a site or project on which services have been provided to USACE under these contracts, for a period not less than two years after completion and closure of the USACE case or project. The contractors will be required to treat all work performed, documents collected, or reports prepared under this contract as privileged to the USACE and will not release any information, documents or reports except with the express permission of USACE counsel. All work under this contract is in support of government attorneys. Work under the contract may include research at public, industry or private records collections at any place in the United States to locate, copy and collect documents or information relevant to issues on the environmental cases or projects that are the subject of the delivery order. It may include the preparation of narrative reports summarizing and analyzing factual evidence and information relevant to the legal issues on the environmental cases or projects, including historical operations, technical site characterization, regulatory enforcement, and other information. The work may include preparation of reports analyzing legal theories of liability, responsibility, or allocation related to a specific site or case. Work may include preparation of reports analyzing evidence and issues which arise under a number of sites or cases in order to develop trends or address similar issues under a number of cases. Work may include assembly of documents for a case in order to assist the agency in responding to regulatory enforcement or litigation related documents requests, or to assemble a document collection to assist the agency counsel in review of the project or case. Work may include assistance in identifying and retaining expert witnesses to assist in contested matters involving either negotiation or active litigation of issues related to environmental projects or cases. Work may include litigation support services related to discovery, or any other aspect of litigation, except that the contractor will not provide legal representation services under this contract. Other similar work may be ordered under the contracts, however no field sampling, site investigation, engineering design or remediation work is included in this contract. All proposers will be required to demonstrate, and the successful contractors will be required to maintain, staff to provide services under these contracts with expertise in environmental law, real estate law, environmental engineering, industrial engineering, waste management, geology, hydrogeology, chemistry, risk assessment, industrial hygiene, toxicology, health physics, historical research, and other legal, scientific or technical disciplines as needed for a variety of issues that may arise on environmental projects or cases. In addition, proposers will be required to provide a project manager for each delivery order, and must have available adequate administrative support staff and office facilities to accomplish all tasks in a timely manner. The staff may be employees of the proposer, or staff members of other firms as part of a team with the proposer. If a team arrangement is used to meet the requirements of the solicitation or the contract, the proposer must demonstrate, and the contractor must maintain, the availability of each and every discipline throughout the life of the contract. Legal expertise must be specifically demonstrated with regard to the following federal laws: Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq. (CERCLA), Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq. (RCRA), Clean Water Act, 33 U.S.C. 1251 et seq. (CWA), Clean Air Act, 42 U.S.C. 7401 et seq. (CAA), Toxic Substances Control Act, 15 U.S.C. 2601 (TSCA), Atomic Energy Act, 42 U.S.C. 2011 et seq. (AEA), and the Defense Environmental Restoration Program, 10 U.S.C. 2701 et seq. (DERP). For all disciplines, the proposer will be required to demonstrate both expertise and experience similar to the work that will be required under this contract. Analysis provided under these contracts must be able to provide USACE counsel, and other USACE disciplines working with counsel, an integrated evaluation of legal, technical, historical, regulatory and other relevant information that affects environmental restoration, compliance, or liability projects or cases. Proposers will be required to demonstrate their ability to provide such integrated analysis, as well as specific experience in doing so in support of contested legal issues for environmental projects or cases. The contracts will be awarded by the USACE, Omaha District, Contracting Division, and managed by the USACE, HTRW-CX. Individual delivery orders may be transferred for contract administration to USACE offices nationwide, including all contracting officer and payment authority except for authority to modify the basic contract. Work under this contract may be under the direction of any USACE activity in the United States, and the contractor must demonstrate the capability to provide timely and qualified services at any of these locations, as well as several of these locations at any one time. The work may be in support of military projects, including those under the DERP Formerly Used Defense Sites (FUDS) program, the USACE civil works program, the USACE Formerly Utilized Sites Remedial Action Program (FUSRAP), or for any other federal agency or program for which USACE is providing services. Firms interested in participating in a future solicitation and possible award of a contract should submit a brief response to this survey, which includes information on the firm or team that would be interested in submitting a proposal and provide some information on the experience and ability of the potential proposer to meet each and every one of the requirements described above. Specific instructions to offerors and details for selection of the firm based on the best value for the USACE, including evaluation of technical capability, past experience, and price will be stated in the future solicitation. The work is not considered to be commercial service and selection will be made under FAR Part 15. Posted 07/13/99 (W-SN353477). (0194)

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