Free Memorandum - District Court of Federal Claims - federal

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ADDENDUM 1. Base Contract No. DACA87-00-D-0039; Section C Descriptions and Specifications; Section 3.0 Definitions; ¶ 3.1 Anomaly, Pages 20 of 72. 3.1 Anomaly. A subsurface feature detected by a geophysical instrument. (Emphasis added) 2. Base Contract No. DACA87-00-D-0039; Section I Contract Clauses; Clauses Incorporated by Reference; as applicable, pages 48 of 72 to 49 of 72. 3. Base Contract No. DACA87-00-D-0039; Section I Contract Clauses; Clauses Incorporated by Reference; FAR 52.243-1 CHANGES--FIXED-PRICE (AUG 1987) (with Alternate II (APR 1984)) (a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in any one or more of the following: (1) Description of services to be performed. (2) Time of performance (i.e., hours of the day, days of the week, etc.). (3) Place of performance of the services. (4) Drawings, designs, or specifications when the supplies to be furnished are to be specially manufactured for the Government in accordance with the drawings, designs, or specifications. (5) Method of shipment or packing of supplies. (6) Place of delivery. (b) If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this contract, whether or not changed by the order, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract. (c) The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and

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act upon a proposal submitted before final payment of the contract. (d) If the Contractor's proposal includes the cost of property made obsolete or excess by the change, the Contracting Officer shall have the right to prescribe the manner of the disposition of the property. (e) Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed. (End of clause) FAR 52.243-1 Alternate II (APR 1984). If the requirement is for services (other than architect-engineer services, transportation, or research and development) and supplies are to be furnished, substitute the following paragraph (a) for paragraph (a) of the basic clause [as set forth above herein]: 4. Base Contract No. DACA87-00-D-0039; Data Item Description (DID); Title: Geophysical Investigation Plan; Identification Number: OE-005-05 (Undated) See Attachment. 5. Pre-Proposal Questions and Answers: a. Questions and Answers ("Q&A") 16, 25, 26, 33, and 81 as set forth at Joint Stipulation of Uncontested Facts, ¶¶ 17 and 21; currently designated as Plaintiff's Exhibit 6; and Tab H of the Final Decision currently designated as Plaintiff's Exhibit 39. Question 16. SOW Paragraph 8.2-8.5. Is it possible for bidders to review these documents prior to bid preparation? Answer 16. No. This would provide an unfair advantage to those Contractors which have offices in Huntsville. CEHNC plans to provide no more background documentation.

Question 25: General. Will USAESCH provide an Anomaly per Acres assumption for the project? Answer 25: The Contractor should assume 200 anomalies per acre.

Question 26: General. Will USAESCH provide an UXO/OE item per Acres

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assumption for the project? Answer 26: The Contractor should assume 20 UXO/OE items per acre. * * * * * * * * * Question 33: Geophysical Survey & Anomaly Reacquisition (Task 4). Is the objective of the geophysical survey to detect all potential UXO items within the expected default depth (Table 1 of the SOW), or to the DID OE-005 detection depths, or to detect the MPM as listed in Table 1?

Answer 33:

The geophysical surveys shall detect all potential UXO items within the expected default depth (Table 1 of the SOW). This is consistent with the Action Memorandum.

[Supplemental Question to] Answer 33.

This answer states that the "geophysical surveys shall detect all potential UXO items within the expected default depth." Does this mean that the contractor is required to dig all potential UXO items or only those with characteristics of the MPM listed in table 1? [Supplemental Answer] All potential UXO items. * * * * * * * * * Question 81: Paragraph 2.1 of the SOW states, "The objective of this task order is for the contractor to safely locate, identify and make final disposition of all UXO and suspected UXO from the site." What estimated number of anomalies per 100 foot square grid, or other unit area, should contractors use to estimate anomaly reacquisition and remediation efforts? Answer 81: The Contractor should assume 200 anomalies per acre, and 20 UXO/OE items per acre.

b. Tetra Tech's August 23, 2001 request for clarification (currently designated Plaintiff's Exhibit 7, and the Government's August 23, 2001 "Clarification" thereto as set forth at Joint Stipulation of Uncontested Facts, ¶ 24 and currently designated as Plaintiff's Exhibit 8 (internal version) and Plaintiff's Exhibit 9 (version provided offerors)

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TETRA TECH'S AUGUST 23, 2001 REQUEST FOR CLARIFICATION Dear John: I know you would be the first to tell me if my fly were open ! Please understand my message to you is to prevent a probable melt down on both sides of the future negotiating desk for the Fort Meade RFP that is due on 27 August. Attached is an excerpt from the Q & A response the PM sent us yesterday. Note two items: 1. The Scope of Work is to be replaced after award of the task order- thus the bidders are preparing estimates on the responses to the numerous questions that were generated - could be a major contractual issue. 2. The second item is more practical - the PM wants the bidders to excavate 200 anomalies per acre- let's see - that is 50 anomalies per 100 foot X 100 foot grid. An excavation to a 4 foot depth to allow a UXO Technician to enter the pit would requires at least a 10 foot X 10 foot area (agree??). That would be 100 square feet per hole (or 5000 square feet of excavation for 50 holes in a 100 foot X 100 foot grid = 10000 square feet.) If that is true, it would be almost impossible to excavate 50 anomalies in a 100 foot X 100 foot grid to a 4 foot depth (= 5000 square feet) as required in many areas at Fort Meade. That would be 50 % of the grid area! 3. Item 2 above will require a total of 309 acres X 200 anomalies = 61,800 excavations. This means the bids will probably be in excess of $6 million on this $3 million project. Based on the Government EE/CA, this number of anomaly excavations (61,800) required is off by an order of magnitude. John- these items should be fixed prior to the due date.

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GOVERNMENT'S AUGUST 23, 2001 CLARIFICATION Clarification to bidding based on excavating 200 anomalies per acre: A quantity of 200 anomalies per acre was included in previous correspondence. This suggests that the requirement is for (309 acres x 200 anomalies =) 61,800 excavations. That is not the intent or objective. The requirement is to remove all reasonably detectable UXO and UXO-like items. Based on HNC's

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knowledge of the site and to provide an even basis for Proposal preparation purposes, the Contractor should assume there exists in the ground (below the surface) approximately 20 UXO or UXOlike items per acre. If the Contractor's false alarm ratio is, say 9:1, then 200 excavations would be required to recover 20 UXO or UXO-like items. The 200 per acre number is simply an illustration of the design process we would use to plan this activity. The Contractor's false alarm ratio may be lower or higher. Each Contractor should base their bid on their own process and cost to recover all detectable UXO or UXO-like objects under the assumption that there will be approximately 20 such items per acre. (Emphasis added) 6. Task Order 006, Scope of Work: 2.0 OBJECTIVE 2.1 The objective of this task order is for the Contractor to safely locate, identify and make final disposition of all UXO and suspected UXO from the site. (Emphasis added) * * * * * * * * * * * 3.2 (Task 2) Prepare Work Plan (WP).The contractor shall prepare and submit, for Contracting Officer approval, a WP in accordance with OE-005-01 and OE-005-11 describing how the required effort will be accomplished. The WP shall describe the Contractor's proposed method of accomplishing the required work in accordance the Basic Contract, this SOW, and associated reference documents. The Contractor may not mobilize to the site or begin working until the WP has been approved and permission to mobilize issued. No single technical approach is appropriate for all OE sites. Therefore, the site specific Work Plan prepared by the Contractor shall describe and justify the particular technical approaches proposed for use on his project. The Work Plan shall address the elements noted in Table 2, as applicable. Those elements that are not applicable shall be so noted. (Emphasis added) * * * * * * * * * * * 3.4 (Task 4) Geophysical Survey & Anomaly Reacquisition. The Contractor shall conduct geophysical surveying, mapping and evaluation of the project site. The survey shall be carried out using geophysical equipment approved after the geophysical proveout. The minimum area to be mapped is 332 acres. The Contractor shall identify all geophysical anomalies that may be consistent with all UXO or UXO-like items which may be expected to be found in that particular area. This may include items smaller than the Most Probable Munitions shown in Table 1. The geophysical mapping system shall capture all positional and instrument data digitally for analysis. The Contractor shall, at the beginning of each day's work, demonstrate that the equipment is operating correctly. The exact configuration, daily testing procedures, and daily pass/fail criteria shall be described in the project Work Plan. (Emphasis added) * * * * * * * * * * * 3.4.3 Anomaly Selection. All geophysical anomalies meeting the criteria to be considered a potential UXO will be dug. The anomaly identification sheets shall be

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provided to CEHNC and CENAB as hard copies and digitally as an Excel spreadsheet. In addition, the Contractor shall provide color contour maps, survey trace maps (coverage or track maps), physical features (utility lines, reinforced concrete), etc., if present) map overlays and any other related information used to select the anomalies. (Emphasis added) 3.4.4 Data Format and Deliverables. The Contractor shall utilize an appropriate data format and storage system for geophysical mapping data that is consistent with CEHNC computer CADD systems in accordance with DID OE- 005-05 and as described in the approved Work Plan. In addition, the Contactor shall maintain the data in such a way that the Government can remotely access any individual file or multiple files as necessary without day or time restrictions. ~ See Section 4.0 for additional data requirements. The approved geophysical instruments shall digitally capture instrument readings into a file coincident with State Plane grid coordinates. Navigation and instrument position data shall be referenced to established grid corner points and survey monuments. This field data shall be checked, corrected, and processed into ASCll files. Data submissions shall include raw digital data and final processed data files. The final processed data files shall have all appropriate corrections such as for navigation, instrument bias and diurnal magnetic shift applied. All corrections shall be documented within the project reports. Raw and final processed geophysical data shall be in column delineated ASCII files in the format X. Y, V1, V2 ... where X=Easting 3oordinate. Y=Northing Coordinate. V1= top sensor reading, VZ=next lower (spatially) co-located sensor reading, etc. The data shall be in the standard State Plane coordinate system. The data shall be provided in processing block files that approximates a ground area of 400' by 400'. Color contour plot maps for each 400' x400' grid shall be prepared on a horizontal scale of 1:240 (1"= 20") the surface metallic objects labeled on the map. Post processed and analyzed data shall be accompanied b y a Microsoft Word 6.0 (or higher) file that documents the field activities associated with the data and the processing performed. Additional data such as scanned photos or annotated CADD and mapping data shall be provided to accurately document field activities. The locations of the day's work shall be represented either by outlining the limits on a coincident CHDD file representing the area. Plotting of new data on the Base [nap file or by a scanned hard copy map. The Contractor shall analyze the geophysical data, identify anomalies that may represent buried UXO, and provide "anomaly identification-sheets" containing the following information: · · · · · · unique target identification number easting, in State Grid Plane Coordinates, US feet; northing, in Slate Grid Plane Coordinates US feet; instrumental readings (filtered & total response); estimated target size or mass and/or approximate depth; Identity of source (fence, tin can, automobile, suspected ordnance etc.)

The anomaly identification sheets shall be provided to CEHNC and CENAB as hard copies and digitally as a Microsoft Excel 97 spreadsheet. In addition, the Contractor shall provide color contour maps, survey trace maps (coverage or track maps), physical features (utility lines, reinforced concrete, etc, if present) map overlays and other related

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information that describes site activities and analyses * * * * * * * * * * * 3.7 (Task 7) Perform UXO Clearance. The Contractor shall provide the necessary personnel and equipment to safely locate, identify, and make final disposition of all UXO and suspected UXO from the site. A planned, systematic, effective approach shall be used. The procedures used shall comply with those contained in Basic Safety Concepts and Considerations for Ordnance and Explosives Operations and the approved WP. (Emphasis added) * * * * * * * * * * * 3.7.6 Grid Failure Criteria. Failure criteria shall be based upon the requirements of the DID. A grid shall be failed if, while performing Contractor QC/Government Quality Assurance, the Contractor's QC/Corps' on-site Safety representative uncovers any item at or less than the depths indicated in DID OE-005-05 or Table 1 of the SOW, whichever is less. This will include inert rounds, practice rounds, scrap metal or other metallic objects of similar size, mass and composition to those UXO items expected to be found in that project area. * * * * * * * * * * * 8.0 GOVERNMENT FURNISHED 8.1 8.2 8.3 8.4 Rights-of-Entry. Available Maps. Archive Search Report. Fort George G. Meade. Final Report, FGGM Ordnance Survey 7600 Acre Parcel. December 1995. Emphasis added) Final Report. Ordnance Explosives (OE) Support Services, FGGM, November 1999. Miscellaneous data on-file at CENAB. CEHNC, or FGGM

8.5

8.6

Attachment (DID OE-005-05)

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