2 - Cleanup Support Contract PWS V3.docx

PERFORMANCE WORK STATEMENT (PWS)

Environmental Program Support Services for Multiple Army Installations United States Army Environmental Command (USAEC)

1 March 2024

PART 1

GENERAL INFORMATION

1. General: This is a non-personal services contract to provide comprehensive technical and program support for addressing the requirements of the Army Environmental Program. The government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the contractor who, in turn, is responsible to the government.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform support of installations for aspects of the Army Environmental Program including Installation Restoration Program (IRP), Military Munitions Response Program (MMRP), and compliance related cleanup programs as defined in this performance work statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2 Background: The Installations to be supported under this contract are listed in Attachment 1A.

1.2.1 The Installation Action Plans (IAPs) can be found on the United States Army Environmental Command (USAEC) public web site located at https://aec.army.mil/index.php/restore/iaps-state. Additional details on the individual installation program requirements are also found on Attachment 1A. Professional services are anticipated to be provided through on-site and remote support staff. Office space availability and on-site support requirements are outlined in Part 3 and Part 4 of this PWS and also in Attachment 1A.

1.3 Objectives: The objective of this contract is to provide programmatic and project support to the Defense Environmental Restoration Program for Army installations and excess locations.

1.4 Scope:

1.4.1 The professional services for White Sands Missile Range (WSMR), New Mexico are required to be provided on-site and tasks to be executed (see Attachment 1A) will require full time support.

1.4.2 The professional services for Fort Leavenworth, KS are required to be provided on-site and tasks to be executed (see Attachment 1A) will require full time support.

1.4.3 The professional services for US Army Garrison (USAG)-Hawaii will be provided remotely and tasks to be executed (see Attachment 1A) will require full-time support. Professional services for USAG-Hawaii includes restoration activities for all sub-installations.

1.4.4 The professional services for Joint Base Lewis-McChord (JBLM) are to be provided on-site as needed and tasks to be executed (see Attachment 1A) will require full-time support.

1.4.5 The professional services for Yakima Training Center (YTC) are to be provided on-site as needed and tasks to be executed (see Attachment 1A) will require full-time support. This requirement begins in the base contract year on 8 February 2025 and is a full-year requirement in all option year CLINs.

1.4.6 The professional services for Fort Irwin, CA are to be provided on-site as needed and tasks to be executed (see Attachment 1A) will require part-time support.

1.4.7 The professional services for Fort Greely, AK are to be provided on-site as needed and tasks to be executed (see Attachment 1A) will require part-time support.

1.4.8 The professional services at other Army installations (identified under Attachment 1A) do not require full-time on/off-site support, but shall cover the requirements identified under Attachment 1A with on-site presence for requirements (e.g. Restoration Advisory Board meetings, Five-Year Review Site Visits, on-site project support, etc.) as necessary to perform all required support.

1.5 Period of Performance: The period of performance shall be for one (1) base year of 12 months and four (4) 12-month option years.

1.6 General Information

1.6.1 Quality Control: Quality control is the responsibility of the contractor. The contractor is responsible for the delivery of quality services/supplies to the government (see FAR 52.246-1, Contractor Inspection Requirements).

The contractor shall develop, implement and maintain an effective quality control system that includes a written quality control plan (QCP). The QCP shall implement standardized procedure/methodology for monitoring and documenting contract performance to ensure all contract requirements are met. The contractors’ QCP must contain a systematic approach to monitor operations to ensure acceptable services/products are provided to the government. The QCP, as a minimum, shall address continuous process improvement; procedures for scheduling, conducting and documentation of inspection; discrepancy identification and correction; corrective action procedures to include procedures for addressing government discovered non-conformances; procedures for root cause analysis to identify the root cause and root cause corrective action to prevent re-occurrence of discrepancies; procedures for trend analysis; and procedures for collecting and addressing customer feedback/complaints. The contractor shall upon request provide to the government its quality control documentation. Quality control plans must be prepared and approved by the COR prior to performance of physical work. The Quality Control Plan for this contract shall be part of the Project Management Plan (PMP) outlined in PWS section 5.2. After acceptance of the quality control plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to its QC system.

1.6.2 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is a government only document primarily focused on what the government must do to assure that the contractor has performed in accordance with the requirements of the contract.

1.6.3 Federal Government Holidays:

1.6.4 Hours of Operation: The contractor is responsible for conducting business, between the hours of 0700-1700 Monday through Friday except federal holidays or when the government facility is closed due to local or national emergencies, administrative closings, or similar government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the government facility is not closed for the above reasons. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.5 Place of Performance: The work to be performed under this contract will be performed primarily at the installations named in this PWS and at the office(s) of the Contractor. WSMR and Fort Leavenworth are the installations where full-time, on-site presence is necessary to perform work. The work required supporting JBLM, YTC, Fort Irwin and Fort Greely will require regular and recurring on-site support though full-time, on-site presence is not required. The work required supporting to USAG-HI does not require on-site presence. The work required supporting the other Army Installations included in Attachment 1A shall be performed primarily at the office(s) of the Contractor with infrequent requirements for on-site support. Office space availability and on-site requirements are outlined in Attachment 1A. Also, presence may be required at other locations such as EPA or state regulatory offices, proximate to the specifically named installations, as required to complete the contract requirements.

1.6.6 Type of Contract: The Government will award a Firm Fixed Price (FFP) Contract for professional services. Travel (outside of local commuting area) CLINs will be cost reimbursable.

1.6.7 Security Requirements: Contractor personnel (to include subcontractors) performing work under this contract shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office, and must maintain the requirements for installation access for the life of the contract.

1.6.7.1 Physical Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.6.7.2 Key Control: The contractor shall establish and implement methods of making sure all keys/key cards issued to the contractor by the government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the contractor by the government shall be duplicated. The contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the contracting officer.

1.6.7.2.1. In the event keys, other than master keys, are lost or duplicated, the contractor shall, upon direction of the contracting officer, re-key or replace the affected lock or locks; however, the government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the government and the total cost deducted from the monthly payment due the contractor.

1.6.7.2.2. The contractor shall prohibit the use of government issued keys/key cards by any persons other than the contractor’s employees. The contractor shall prohibit the opening of locked areas by contractor employees to permit entrance of persons other than contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the contracting officer.

1.6.7.3 Lock Combinations: The contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Contractor’s Quality Control Plan.

1.6.8 Common Access Card: For contractors requiring a CAC, before issuance, the contractor employee requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014-05. The contractor employee will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an initial CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management.

1.6.9 Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5, Post Award Orientation. The contracting officer, COR, and other government personnel, as appropriate, will meet periodically, quarterly as a minimum, with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.6.10 Cyber Awareness (Information assurance (IA)/information technology (IT)) training: All contractor employees and associated sub-contractor employees must complete the DoD Cyber awareness training before issuance of network access and annually thereafter. All contractor employees working IA/IT functions must comply with DoD and Army training requirements in DoDD 8570.01, DoD 8570.01-M and AR 25-2 within six months of appointment to IA/IT functions. DoD Cyber Awareness Challenge Training is available at the following website: https://ia.signal.army.mil/DoDIAA/Army Training Certification Tracking System (ATCTS).

1.6.011 OPSEC Training: Per AR 530-1 Operations Security, the contractor employees must complete Level I OPSEC Awareness training. Training certificates shall be provided to the COR within 30 calendar days after contract award and annually thereafter. OPSEC Awareness for Military Members, DoD Employees and Contractors is available at the following website: http://cdsetrain.dtic.mil/opsec/index.htm

1.6.012 Army Training Certification Tracking System (ATCTS): All contractor employees with access to a government information systems must be registered in the ATCTS (Army Training Certification Tracking System) at commencement of services, and must successfully complete the DOD Information Assurance Awareness prior to access to the IS and then annually thereafter.

1.6.13 Contracting Officer Representative (COR): The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including government drawings, designs, and specifications; monitor contractor's performance and notify both the contracting officer and contractor of any deficiencies; coordinate availability of government furnished property; and provide site entry of contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.014 Key Personnel: The follow personnel are considered key personnel by the government:

Program Manager, Contractor Installation Support Personnel, and Hydrogeologist. The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 0800 and 1600 Monday through Friday except federal holidays or when the government facility is closed for administrative reasons. Qualifications for all key personnel are listed below:

1.6.014.1 Program Manager (PM):

The Contractor shall designate one trained and experienced Program Manager (PM) for this contract. The Contractor shall identify the PM and the PM's qualifications with the submittal of its proposal.

The PM shall serve as the primary point of contact for the COR, and shall be responsible for the management of work, approved plans, and all federal, state, and local laws and regulations. The PM shall maintain close communication and coordination with the COR for the duration of the project.

The PM shall have the following minimum qualifications:

(1) A bachelor’s degree in engineering, science or related field.

(2) A minimum of five (5) years program management experience in comprehensive environmental technical and program support projects. Program Managers performing tasks must have a minimum of five (5) years of experience in the field.

(3) Working knowledge of applicable federal, state, and local laws, regulations, and guidance pertaining to the environment.

(4) A basic understanding of firm fixed price contracts.

(5) A demonstrated understanding of performance-based contracts, and successful experience managing a minimum of one performance based contract or Task Order.

1.6.014.2 Contractor Installation Support Personnel (CISP):

The Contractor shall ensure persons designated as Contractor Installation Support Personnel (CISP) shall be competent, experienced, and knowledgeable in technical and program support. The CISP shall be the primary point of contact for technical coordination of contract requirements. The CISP shall be responsible for management of the technical aspects of the contract and the technical quality of the contract document submittals.

(1) A bachelor’s degree in in environmental engineering, environmental science or a related field.

(2) Five (5) years of experience in technical leadership for other contracts/programs with a minimum of four (4) years working experience in the environmental field.

(3) Working knowledge of applicable federal, state, and local laws, regulations, and guidance for the assigned installation.

(4) A basic understanding of firm fixed price contracts.

1.6.014.3 Hydrogeologist:

The Contractor should designate one individual as the Senior Hydrogeologist that will be assigned to this task order. This individual shall be competent, experienced, and knowledgeable in hydrogeology and shall be the primary point of contact for technical coordination of technical project requirements which includes but is not limited to, review of installation technical reports submitted by other contractors, and coordination and consultation on behalf of Army installations in the planning and execution of complicated contaminated groundwater investigation remediation work, etc.

Experience with geologic media and the stated understanding of the science of contaminant fate and transport is critical to the success of the program. This individual will have the following qualifications:

(1) An college degree in engineering, geology, chemistry, or related field.

(2) Professional registration, in their respective field, as appropriate.

(3) Ten (10) years’ experience in technical leadership for other contracts/programs with a minimum of five (5) years working experience in hydrogeology.

1.6.15 Identification of Contractor Employees: The contractor (to include subcontractors) shall provide each employee an identification (ID) badge, which includes at a minimum, the company name, employee name and a color photo of the employee. ID badges for key personnel shall also indicate their job title. ID badges shall be worn at all times during which the employee is performing work under this contract. Each contractor (to include subcontractors) employees shall wear the ID badge in a conspicuous place on the front of exterior clothing and above the waist except when safety or health reasons prohibit. The contractor (to include subcontractors) shall be responsible for collection of ID badges upon completion of the contract or termination of employee. A listing of issued identification cards shall be furnished to the contracting officer prior to the contract performance date and updated as needed to reflect contractor and subcontractor personnel changes. All contract personnel attending meetings, answering government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.6.16 Anti-Terrorism (AT) Level 1 Training: All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training and provide certificates to the COR within 30 calendar days after contract start date and then annually thereafter. AT level I awareness training is available at the following website: https://jkodirect.jten.mil/Atlas2/page/login/Login.jsf

1.6.17 iWATCH Training: The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed and reported to the COR within 30 calendar days of contract award. For any new or replaced employees training shall be completed and reported to the COR within 10 calendar days after commencing performance.

1.6.18 Supervision of Contractor Employees: The government will not exercise any supervision or control over contractor or subcontractor employees while performing work under the contract. Such employees shall be accountable solely to the contractor, not the government. The contractor, in turn, shall be accountable to the government for contractor or subcontractor employees.

1.6.19 Contractor Travel: The contractor will be required to travel to the installations, or locations in near proximity (regulatory offices, public meeting locations, etc.) included in this PWS during the performance of this contract to attend meetings, support fieldwork or on-site activities, and to conduct on-site tasks. The contractor will be authorized travel expenses consistent with the substantive provisions of the Joint Travel Regulation (JTR) and the limitation of funds specified in this contract. All travel requires government approval/authorization and notification to the COR.

1.6.20 Other Direct Costs: This category includes travel (outlined in 1.6.18), reproduction, and shipping expenses associated with regulatory or publice engagements. It could also entail the renting of suitable public meeting venues.

1.6.21 Data Rights: The government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be government owned and are the property of the government with all rights and privileges of ownership/copyright belonging exclusively to the government. These documents and materials may not be used or sold by the contractor without written permission from the contracting officer. All materials supplied to the government shall be the sole property of the government and may not be used for any other purpose. This right does not abrogate any other government rights.

1.6.22 Organizational Conflict of Interest:

a. Purpose. The primary purpose of this clause is to aid in ensuring that:

(1) The Contractor does not obtain an unfair competitive advantage by establishing the ground rules for a future competition;

(2) The Contractor's objectivity and judgment are not biased because of its present or future interests (financial, contractual, organizational, or otherwise) which relate to work performed under this contract; and

(3) The Contractor does not obtain an unfair competitive advantage by virtue of its access to non-public or proprietary information belonging to others.

b. Definitions.

(1) The term “Contractor” herein used means: (a) the organization (hereinafter referred to as "it" or "its") entering into this agreement with the Government; (b) all business organizations with which it may merge, join or affiliate now or in the future and in any manner whatsoever, or which hold or may obtain, by purchase or otherwise, direct or indirect control of it; (c) its parent organization if any and any of its present or future subsidiaries, associates, affiliates, or holding companies, and; (d) any organization or enterprise over which it has direct or indirect control now or in the future.

(2) The term "proprietary information" for purposes of this clause means any information considered so valuable by its owners that it is held secret by them and their licensees. Information furnished voluntarily by the owner without limitations on its use, or which is available without restrictions from other sources, is not considered proprietary.

c. Organizational Conflicts of Interest Examples. The following examples illustrate situations in which organizational conflicts of interest may arise. These examples are not all inclusive.

(1) Biased Ground Rules. This type of conflict may arise in situations where a company sets the ground rules for a future competition. For example, when a Contractor develops requirements then competes to provide products or services to satisfy those requirements, thus obtaining a competitive advantage.

(2) Impaired Objectivity. This type of conflict may exist where a Contractor’s obligations under a contract require objectivity, but another role of the Contractor casts doubt on its ability to be truly objective. An example of this type of conflict is where a Contractor’s work under one contract entails evaluating itself, its affiliates, or its competitors under a separate contract.

(3) Unequal Access to Information. This type of conflict may arise when a Contractor has access to nonpublic or proprietary information as part of its performance under a contract that gives it an unfair advantage in a competition for a later contract.

d. General Constraints. The provisions of FAR Subpart 9.5, Organizational and Consultant Conflicts of Interest, concerning organizational conflicts of interest govern this contract. Potential conflicts may exist in accordance with FAR 9.505-1, Providing Systems Engineering and Technical Direction, through 9.505-

4, Obtaining Access to Proprietary Information. In this regard, the Contractor is responsible for identifying any actual or potential organizational conflicts of interest to the Contracting Officer that arise as the result of performance under this contract. To avoid or mitigate a potential conflict related to performance under this contract, the Contracting Officer will impose appropriate constraints such as the constraints discussed below. Since it is impossible to foresee all of the circumstances that might give rise to organizational conflicts of interest, the constraints discussed below are not all inclusive and the Contracting Officer may impose constraints other than, or in addition to, the constraints listed below.

(1) The Contractor agrees that if it provides, under a contract or task order or delivery order, systems engineering and technical guidance for systems and programs, but does not have overall contractual responsibility, it will not be allowed to be awarded a contract or task or delivery order to supply the system or any of its major components or be a Subcontractor or consultant to a supplier of the system or any of its major components

(2) The Contractor agrees that if it prepares complete specifications for non-developmental items or assists in the preparation of work statements for a system or services under a contract or task order or delivery order, it shall not be allowed to furnish these items, either as a prime Contractor, a Subcontractor or as a consultant.

(3) The Contractor agrees that it shall neither evaluate nor advise the Government with regard to its own products or activities. The Contractor shall objectively evaluate or advise the Government concerning products or activities of any prospective competitors.

(4) The Contractor agrees that if it gains access to proprietary information of other companies, it shall exercise diligent effort to protect such proprietary information from unauthorized use or disclosure. In addition, the Contractor agrees to protect the proprietary information of other organizations disclosed to the Contractor during performance of this contract with the same caution that a reasonably prudent Contractor would use to safeguard highly valuable property. The Contractor also agrees that if it gains access to the proprietary information of other companies it shall enter into written agreements with the other companies to protect their information from unauthorized use or disclosure for as long as it remains proprietary and to refrain from using the information for any purpose other than that for which it was furnished. The Contractor shall provide copies of such agreements to the Contracting Officer.

(5) If the Contractor, in the performance of this contract, obtains access to plans, policies, reports, studies, financial plans, data or other information of any nature which has not been released or otherwise made available to the public, the Contractor agrees that without prior written approval of the Contracting Officer, it shall not: (a) use such information for any private purpose unless the information has been released or otherwise made available to the public, or (b) release such information unless release is otherwise authorized under the contract or such information has previously been released or otherwise made available to the public by the Government.

e. Non-Disclosure Agreements. The Contractor shall obtain from each employee who has access to proprietary information under this contract, a written agreement which shall in substance provide that such employee shall not, during his/her employment by the Contractor or thereafter, disclose to others or use for their benefit, proprietary information received in connection with the work under this contract. The Contractor shall educate its employees regarding the restrictions so that they shall not use or disclose proprietary information or data generated or acquired in the performance of this contract except as provided herein.

f. Training. The Contractor shall effectively educate its employees, through formal training, company policy, information directives and procedures, in an awareness of the legal issues so that each employee shall know and understand the absolute necessity of safeguarding information from anyone other than the Contractor's employees who have a need to know, and the U.S. Government.

g. Subcontracts. The Contractor agrees that it shall include the provisions in paragraphs d., e., and f. above and this paragraph in consulting agreements, teaming agreements, and subcontracts of all tiers which involve access to information or the performance of services described in paragraph d. above. The use of this clause in such agreements shall be read by substituting the word "consultant" or "Subcontractor" for the word "Contractor" whenever the latter appears.

h. Additional Constraints. If this contract provides for the issuance of task or delivery orders, such orders may impose additional requirements and restrictions relating to this clause to include the requirement for the Contractor and its Subcontractors and employees to furnish the Government with written non-disclosure agreements or statements of no conflict of interest. With regard to any proposal submitted by the Contractor in response to a Request for Task or Delivery Order Proposal, by submitting its proposal the Contractor represents that it has disclosed to the Contracting Officer, prior to the issuance of the task or delivery order, all facts relevant to the existence or potential existence of organizational conflict of interest.

i. Conflicts Involving Future Procurements. The award of this contract, task or delivery orders issued under this contract, Government taskings, or acquiescence in the Contractor’s performance of services hereunder shall not constitute or be interpreted as a determination that the Contractor is eligible to participate in future procurements, developmental efforts, implementation efforts, or related activities. Only the Contracting Officers for such efforts, applying the rules, principles, and procedures have the authority to determine whether a conflict exists in connection with such procurements.

j. Representations and Disclosures.

(1) The Contractor represents that it has disclosed to the Contracting Officer, prior to award of this contract, all facts relevant to the existence or potential existence of organizational conflict of interest.

(2) The Contractor represents that if it discovers an organizational conflict of interest or potential conflict of interest after award of this contract, a prompt and full disclosure shall be made in writing to the Contracting Officer. This disclosure shall include a description of the action the Contractor has taken or proposes to take in order to avoid or mitigate such conflict.

k. Remedies and Waiver.

(1) For breach of any of the above restrictions or for non-disclosure or misrepresentation of any relevant facts required to be disclosed concerning this contract, the Government may terminate this contract for default, disqualify the Contractor for subsequent related contractual efforts, and pursue such other remedies as may be permitted by law or this contract. If, however, in compliance with this clause, the Contractor discovers and promptly reports an organizational conflict of interest (or the potential thereof) subsequent to contract award, the Contracting Officer may terminate this Contract or any task or delivery order issued under this Contract for convenience if such termination is deemed to be in the best interest of the Government.

(2) The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the Contractor may at any time seek a waiver from the cognizant Contracting Officer by submitting a full written description of the requested waiver and the reasons.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS: The following definitions and acronyms may apply.

2.1.1. CONTRACT ADMINISTRATOR. The official government representative delegated authority by the contracting officer to administer a contract. This individual is normally a member of the appropriate contracting/procurement career field and advises on all technical contractual matters.

2.1.2. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or services to the government. The term used in this contract refers to the prime.

2.1.3. CONTRACTING OFFICER. A person with authority to enter into, administer, and/or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.4. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does not have authority to change the terms and conditions of the contract.

2.1.5. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the performance work statement.

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

2.1.7. GOVERNMENT-FURNISHED PROPERTY (GFP) OR GOVERNMENT PROPERTY (GP). Property in the possession of, or directly acquired by, the government and subsequently made available to the contractor.

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

2.1.9. PHYSICAL SECURITY. Actions that prevent the loss or damage of government property.

2.1.10. QUALITY ASSURANCE. The government procedures to verify that services being performed by the contractor are acceptable in accordance with established standards and requirements of this contract.

2.1.11. QUALITY ASSURANCE SPECIALIST. An official government representative concerned with matters pertaining to the contract administration process and quality assurance/quality control. Acts as technical advisor to the contracting officer in these areas.

2.1.12. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.13. QUALITY CONTROL. All necessary measures taken by the contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.14. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The government does not have privity of contract with the subcontractor.

2.1.15. WORK DAY. The number of hours per day the contractor provides services in accordance with the contract.

2.1.16. WORK WEEK. Monday through Friday, except for federal holidays unless specified otherwise.

2.2. ACRONYMS:

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.0 Government Furnished Resources:

3.1 While on site at the Installations, at the discretion of the installation being supported by the task, the Government will furnish office space, furniture, and access to computers, telephones, FAX machine, and copier in support of Contractor efforts.

3.2 The Government will provide the following resources to the Contractor:

(1) Pertinent records, reports, data, analyses, and information, in their current format (e.g., paper copy, electronic, tape, disks) to facilitate development of a complete and accurate assessment of current, former, and historical site activities and operations; waste generation and contaminant characteristics; parameters of interest; and site environmental conditions.

(2) Access to DoD and Army policy and guidance documents.

(3) Installation acces.

3.3 Contractors will be required to utilize Government computers for some tasks such as use of the Army databases for reporting. Government computers will be issued for the performance of on-site work and off-site work to be performed at the Contractor’s facilities.

3.4 Other Equipment/Vehicles: The Government may provide Government Owned Vehicle(s) contingent on the policy and procedures (to include but not limited to insurance requirements, signed user responsibility agreements, duration, availability, etc.) of the individual military installations listed in Attachment 1A.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.0 General: The contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.1 The Contractor shall possess and supply personnel with the required expertise and knowledge, equipment, tools and any other resources required to meet or exceed the requirements of this PWS in accordance with established industry standards and regulatory requirements. Other resources may include document reproduction, equipment, materials and shipping expenses associated with providing the environmental technical and program management services in this PWS not covered as Government-Furnished Property (GFP).

4.2 The Contractor shall be responsible for any damage caused to property of the United States (Federal property) by the activities of the Contractor under this contract and shall exercise due diligence in the protection of all property located on the premises against fire or damage from any and all other causes. Any property of the United States damaged or destroyed by the Contractor incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the Contractor to a condition satisfactory to the COR or reimbursement is to be made by the Contractor sufficient to restore or replace the property to a condition satisfactory to the COR.

PART 5

SPECIFIC TASKS

Basic Services: The Contractor shall provide environmental program technical support in the area of Restoration (cleanup) to multiple installations according to the installations’ specific environmental restoration requirements outlined in Attachment 1A.

5.0 Specific Tasks: The specific tasks required to meet the needs of each installation are outlined in Attachment 1a and include the following:

5.1 Kick Off Meeting: The Contractor shall participate in a kick-off meeting with the COR and the key points of contact from USAEC as well as the Army Installations within ten (10) business days of award to discuss the work to be accomplished under this contract.

5.1.1 During the teleconference, processes, personnel, compliance with all security requirements, objectives and deliverables (Technical Exhibit 2) under this contract will be discussed. The purpose of the meeting will be for the Contractor to become familiar with expectations, and start the execution of comprehensive technical and program support for addressing the requirements of the contract. As part of the project kick off, the Contractor shall present their approach for execution, proposed milestones, meetings, coordination, document submittals, and review periods for the work required to achieve the objectives of this Contract.

5.2 Project Management Plan (PMP): The PMP shall address the Contractor’s approach for contract execution, proposed milestones, meetings, coordination, document submittals, and review periods for the work required to achieve the objectives. It shall also include project organization, personnel, and management; compliance with all security and NACI requirements, coordination procedures and activity schedule; and describe internal quality control procedures, and other activities required to meet the requirements. Items addressed in the PMP shall also include:

· Quality Control Plan

· Monthly Progress Reports

· Document Submittals

· Management Approach

· Milestone Payment Plan

· Any other items discussed at the Kick-off meeting and deemed of importance for inclusion in the PMP

5.3 Monthly Progress Report: Monthly reports shall be submitted electronically via electronic mail by the 5th of each month. Monthly progress reports shall document work accomplished by the Contractor during the reporting period (previous month). The monthly progress report shall consist of narrative summary of task requirement accomplishments, deliverables, unresolved issues, and any proposed changes to the document submittal schedule referenced in PWS 5.2. Copies of confirmation notices shall be included as an attachment to the monthly progress reports.

5.4 The Contractor shall provide Environmental Program Technical Support in the area of Restoration (cleanup). The support required is installation specific in accordance with Attachment 1A. The overall program technical support to USAEC is outlined in the tasks below.

5.4.1 Restoration (Cleanup) Program Support: The Contractor shall provide environmental program technical support to meet the requirements of the Army’s Environmental Program. The Contractor shall provide environmental restoration technical support, assist the installation with the development and implementation of environmental guidance, and assist the installation with coordinating efforts with representatives of federal, state and local regulatory agencies, program executing agencies, and/or other Contractor representatives. Additionally, the Contractor shall provide technical assistance to the installations in support of performance-based contract/acquisition activities at the installations, to include field activities. Coordination may be accomplished by phone conversations, written correspondence or on-site meetings. Restoration support tasks are installation specific and include yearly data call, Web-Based Compliance Assessment and Sustainment System Enterprise (WEBCASS-e), Restoration Advisory Board (RAB) meetings, public meetings, regulatory meetings, and document reviews. The administrative records will be updated as key milestones are completed.

5.5 Program Document Review Support: The Contractor shall support the Government by performing technical reviews and providing comments or recommended revisions on environmental plans and reports per year to the Government. Each plan or report may have two

(2) versions. The Contractor shall submit detailed written comments within 15 business days of receipt of the restoration related documents or as required for special conditions such as actions which may have shorter or longer review periods. The Government will identify limited circumstances, as they occur, requiring shorter or longer review periods. These periods are typically imposed by regulatory or specific technical requirements of a work product and will be imposed on both the Government and the Contractor. The Contractor shall provide technical review and recommendations of innovative technologies, technical impracticability waivers, new strategy development, and potential regulatory impact and enforcement liability of impending legislation.

5.6 Program Reporting Support: The Contractor shall assist the installation in monitoring the technical progress and financial status of each Restoration Program project at the installation. The Contractor shall assist the installation with preparation of an annual Installation Action Plan (IAP), assist the installation with the semi-annual update of the WEBCASS-e, maintenance/establishment of administrative records, information repositories, assist the installation with participation in the annual Defense State Memorandum of Agreement (DSMOA) program support/input, support for input to the annual Defense Environmental Programs Annual Report to Congress (DEPARC) and participation in the installation RAB meetings as appropriate. Not all of the installations being supported will have active RABs. The Contractor shall provide technical support by troubleshooting errors or discrepancies of incoming data and review for accuracy and provide recommendations for correction prior to entering data. The Contractor shall maintain and update Restoration Program’s records and documents in designated repositories and administrative records. All input shall be timely, accurate, auditable and in accordance with the Army Restoration Program objectives.

5.7 Briefings and Meetings: The Contractor shall plan for, prepare and facilitate briefings for each installation as needed to brief the associated goals and status to the Garrison Commander,…