A.02.17 PWS.pdf

PERFORMANCE WORK STATEMENT

BLANKET PURCHASE AGREEMENT FOR SOIL DISPOSAL

ENV-24-0048 (PO-23-0041)

18 March 2024

1. GENERAL

This is a non-personal services contract to establish on-call soil disposal support for U.S. Army installations throughout Germany, through the U.S. Army Corps of Engineers Europe District (CENAU) (also referred to as the Government). The primary requirement of this contract is to provide sampling for waste classification purposes and disposal of soil and debris of varying classifications of contamination.

The work will consist of removal, transport, and disposal of designated quantities of contaminated materials according to the degree and type of contamination. Sampling and disposal methods (based on the degree of the contamination) shall follow the Host Nation (HN) and Army (including Final Governing Standards) mandated procedures and regulations.

The Contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, personal protective equipment, supervision, and other items necessary to perform services described in this Performance Work Statement (PWS) and associated contract documents. Material (hereby referred to as soil) to be disposed will already be stockpiled and may include soil (including organic matter), mixed soil and debris (concrete, rocks, asphalt), and tar-contaminated asphalt. Sampling will be required only to meet HN requirements for waste classification for disposal purposes and not for other types of characterization.

2. TYPE OF CONTRACT

The Government will establish a Master Blanket Purchase Agreement (BPA) to fill repetitive needs for services including soil sampling for waste classification purposes and soil disposal.

3. TOTAL VALUE OF CONTRACT

The BPA will have a total maximum value not to exceed $10 million with a maximum limit per call (order) of $250,000. Calls will be issued to not exceed these maximum limits. (Note: In this PWS, orders on the BPA are referred to as “calls”).

4. PERIOD OF PERFORMANCE

The Period of Performance for the BPA will be five years, or when the total aggregate BPA call amount of $10 million is reached, whichever occurs first.

5. LOCATION

The work performed under this contract will be used to support U.S. Army installations in Germany, primarily including at USAG Wiesbaden, USAG Ansbach, USAG Rheinland-Pfalz, USAG Stuttgart, and USAG Bavaria, but may also include other locations in Germany.

6. DESCRIPTION OF SERVICES

6.1. The soil will be stockpiled by the installation requesting services under the BPA.

6.2. The Contractor shall estimate the volume of stock-piled soil for sampling and disposal and identify whether the material needs to be processed further (sorted, crushed).

6.3. If the degree of contamination is unknown, the Contractor shall perform sampling of the soil.

The Contractor shall collect an adequate number of samples from soil stockpiles to support waste classification of the volume of soil, per applicable HN regulations (e.g., Ersatzbaustoffverordnung, Deponieverordnung, BBodSchV) and send to an accredited, independent laboratory for analysis in determining the level of contamination to satisfy disposal requirements.

6.4. The Contractor shall complete sampling within ten (10) days of notification of the call award or as otherwise specified in the call. The analytical results, sampling protocols including quality assurance/quality control measures, and a tabulation of results showing waste classification shall be sent electronically via email to the CENAU Project Manager (PM)/Contracting Officers Representative (COR) within three (3) days after the results are finalized by the lab.

6.5. The Contractor shall be responsible for packing and labeling all samples. The Contractor shall be responsible for any resampling necessary due to lost, mislabeled, or inadequately preserved or handled samples and for the disposal of environmental samples and sampling media. The Contractor is responsible for the collection of any laboratory or other required Quality Control samples.

6.6. Upon review of sampling results, the CENAU PM/COR will provide the Contractor with approval to dispose of the soil. Within ten (10) days of notice to dispose, or as otherwise specified in the call, the Contractor shall load, transport, and dispose of soil to a certified disposal facility (i.e., landfill) in accordance with the applicable HN regulatory requirements.

6.7. In some cases, debris (e.g., concrete) may need to be broken-up on-site for removal. The Contractor will provide all necessary labor and equipment to ensure the material is adequately prepared for disposal.

6.8. The Contractor shall prepare all required documents (weight tickets, etc.) and obtain any certifications, permits, or signatures, etc. needed to dispose of the soil. The Contractor shall provide a compilation of sampling results, waste disposal documents/weight tickets/certificates, pre- and post-disposal photographs, and summary of quality assurance/quality control measures to the CENAU PM/COR not later than five (5) days after the removal.

6.9. The Contractor is responsible for the removal and disposal of waste, trash, debris, etc., generated during all work activities.

7. PERFORMANCE STANDARDS

7.1 Quality Control

The Contractor shall maintain an internal Quality Control Plan (QCP) to ensure that the requirements of the PWS are provided as specified. The QCP should include:

a. A chart showing the organizational structure and lines of authority, the names, qualifications, duties, responsibilities, and classification of each member of the Contractor's Quality Control Team.

b. A description of how the Contractor will monitor work to ensure that performance complies with the PWS.

c. A description of how the Contractor will monitor and ensure staff qualifications remain current and valid throughout contract performance.

d. A description of how the Contractor will identify, investigate, and correct any non-conforming performance and prevent similar deficiencies in the future.

7.2 Quality Assurance

The Government will evaluate the contractor’s performance under this BPA using the method of surveillance as specified in Section 7.3 and the Government’s own Quality Assurance Surveillance Plan. When an observation indicates defective performance, the COR will request the Contractor to acknowledge the observation in writing. Additionally, the Contractor shall document all customer complaints and report the complaint to the CENAU COR within one workday after receipt of complaint. The contractor shall use electronic mail or other written memoranda as notification.

7.3 Performance Objectives

The following table summarizes Performance Objectives and Performance Measures:

Performance Objective Performance Metric Performance Measure Section 6, Waste Characterization Compliance with HN requirements, permits, and laws

Government approval and stakeholder satisfaction

Sampling within given timeframe

Timely submittal and approval of lab reports/classification

Section 6, Soil and Debris Disposal Compliance with HN requirements, permits, and laws

Government approval and stakeholder satisfaction

Initiation and completion of disposal efforts within given timeframe

Timely submittal of weight tickets and disposal documentation

8. DELIVERABLE SCHEDULE

The following table outlines the schedule for the deliverables identified in Section 6:

PWS Reference Required Deliverable Deliverable Schedule Section 6, Waste Characterization Sampling and Volume Estimation

Sampling and volume estimation

Within 10 days of notification of call award or as specified in call

Section 6, Waste Characterization Reports

Lab reports and tabulation of results showing waste classification

Within 3 days of finalization of analytical results by the lab

Section 6, Soil and Debris Disposal

Soil/debris disposal Within 10 days of the notice to dispose from the CENAU PM/COR or as specified in call

Section 6, Disposal Reports Waste disposal tickets and other disposal documentation

Within 5 days of disposal

9. GENERAL REQUIREMENTS

9.1 Reporting of Problems

The Contractor shall notify the CENAU PM/COR of any circumstances that may delay the project within five (5) calendar days of discovering the problem. Notification can be via telephone or brief email. If notification is made verbally, the individual making the notification shall be an English-speaking individual. The Contractor shall describe the problem as well as present a proposed solution. The Contractor shall not incorporate such information into the project without first notifying the CENAU PM/COR and obtaining written authority from the Contracting Officer (KO).

9.2 Public Disclosures and Regulatory Involvement

The Contractor shall make no public announcements or disclosures to any third party (including U.S. and HN Government agencies or military) relative to information contained or developed in this contract, except as authorized by the KO. This also applies to U.S. Government-owned information made available to the Contractor. The Contractor shall at no time speak on behalf of the U.S. Government. All reports and other information generated under this contract shall become the property of the U.S. Government, and distribution to any other source by the Contractor is prohibited unless authorized by the KO. The Contractor shall not accept direction for work from anyone other than the CENAU PM/COR or KO.

9.3 U.S. Government Assistance

The Government shall provide the following resources to the Contractor:

Access to records, reports, data, analyses, and information, in their current format (e.g., paper copy, electronic, tape, disks, CDs), as related to this project.

Access to U.S. Department of Defense (DoD) and Army policy and guidance documents.

Access to personnel to coordinate on-installation operations and activities.

It is the Contractor’s responsibility to ensure that personnel, including subcontractors, working on this contract either have an installation access pass or shall be placed on an installation access roster in a timely fashion. When requested by the Contractor and necessary to complete the services, the CENAU PM/COR shall assist with contractor access to U.S. Government-controlled installations and facilities. If access is being requested for foreign nationals, the provisions of U.S. Army Europe (USAREUR) Regulation 604-1 and applicable local Command standard operating procedures shall be followed. The Contractor shall not request access to DoD-controlled installations and facilities for foreign nationals with passports from countries designated by DoD as Specified Country Citizens.

9.4 Services and Materials

All services, supplies, plans, materials (except those furnished by the U.S. Government), labor, superintendence, and travel necessary to perform the work required under this contract are to be included in the price for this contract. No Government furnished equipment is anticipated as part of this work. The Government shall provide existing documents/comments as necessary for tasks above.

9.5 Compliance with Laws and Regulations

The Contractor shall ensure all work performed under this task order is done in full compliance with all applicable U.S., HN, European Union, and other international laws, conventions, and regulations. The general regulations followed by the DoD include HN Final Governing Standards (as applicable), the DoD Overseas Environmental Baseline Guidance Documents, and HN agreements and standards, if available. These shall be used and referenced in final reports. In cases of conflict between applicable laws and regulations, the most protective standard shall prevail. The Contractor shall provide staff trained in accordance with detailed requirements of the respective U.S. and HN authorities to perform work required under this contract/task order.

9.6 Reporting, Electronic Deliverables, and Communication

The contract and order numbers shall be reflected on all correspondence with the U.S.

Government. All electronic deliverables shall be prepared so that the user can easily print the document in a presentable and readable industry-standard format including MS Word (.docx), MS Excel (.xlsx), Power Point (.ppt) and Adobe Reader (.pdf). Deliverables and language of deliverables is outlined in Section 6. Final deliverables shall be in editable and text-searchable .pdf formats, bookmarked, and be accompanied by defined metadata.

All communication shall be written to a high standard, both scientific and grammatical (i.e., proper word order and usage). The Government will not accept a submittal deemed insufficient in scientific presentation, clarity, organization, or grammar. The CENAU PM or COR may reject a submittal and require a resubmission of any document(s) or electronic file(s) that are determined to be inadequate for the intended submittal purpose. The Contractor shall correct and resubmit the rejected documents within a timeframe identified (in writing) by CENAU at no additional cost to the U.S. Government.

9.7 U.S. Government Quality Assurance and Comments

The CENAU PM/COR will use systematic QA methods to survey, observe, test, sample, evaluate, and document contractor performance. If the U.S. Government believes work performed by the Contractor does not meet contract specifications, the CENAU PM will inform the Contractor of the observation.

Corrective action is to be accomplished at no additional cost to the U.S. Government. The U.S.

Government will review each deliverable for conformance with contract specifications.

Acceptance will be provided to the Contractor by the CENAU PM/COR in accordance with the approved project schedule. The Contractor shall accept comments only from the CENAU PM, the CENAU COR, or the CENAU KO. Payment will be provided upon Government acceptance of the deliverables for this contract.

9.8 Contractual Relationship and Unauthorized Services

The contractual relationship shall be directly between the CENAU PM/COR and the Contractor.

The Contractor shall not take direction directly from stakeholders. In particular, the Contractor shall not discuss any modification to cost, schedule, or scope of the call with the stakeholder. If the Contractor receives any request for changes to this contract or any call, they shall immediately notify the CENAU PM/COR. The CENAU PM/COR shall then work with the stakeholder and KO or the COR to provide guidance to the Contractor. The Contractor shall not undertake, or endeavor to undertake, any work outside the scope of this contract.

9.9 Contractor Identification

To avoid misunderstandings, the policy in the Federal Acquisition Regulation (FAR), paragraph 37.114(c), will be followed that requires contractors to:

(1) Identify themselves as contractors or take other actions to ensure that, when on the installation or attending meetings such that meeting participants do not mistake them for Government personnel. Contractors will identify themselves as soon as the meeting begins (verbally and identification badge).

(2) Clearly identify themselves in all written communications associated with this contract.

(3) Clearly indicate that their written and electronic products were Contractor-produced or indicate how much participation by Contractor personnel was involved in creating them. This identification may not be necessary if, in the judgment of the supported agency, no harm can come from failing to identify the product as Contractor-produced.

(4) Provide each of their employees an easily readable identification badge. The badge must include the employee’s name, the Contractor’s company name, the functional area of assignment, and a recent color photograph of the employee. Companies with U.S. Government contracts will require their employees to wear these badges visibly when performing work at on-post Government workplaces and off-post (at HN meetings) unless this would be impractical because of mission or safety considerations.

9.10 Invoicing and Payments

To be considered proper, an invoice must conform to 52.232-1, Payments and 252.204-7006 BILLING INSTRUCTIONS. Furthermore, to be considered proper, the Contractor's name, address, and CAGE/NCAGE code must exactly match the information on its entity record in the System for Award Management (SAM, www.sam.gov).

Any invoice deemed improper will be returned to the Contractor for correction and resubmission.

The date of the corrected invoice must be the same as the date of resubmission. Once the COR has determined that the services have been rendered satisfactorily and in accordance with the terms of the contract, the invoice will be processed. Payment will be made by U.S. Army Corps of Engineers Finance Center, 5720 Integrity Drive, Millington, TN 38054-5005.

All invoices shall be submitted on an ENG Form 93, which is available on the internet at:

https://www.publications.usace.army.mil/usace-publications/engineer-forms/.

All invoices shall be signed, certified, and submitted electronically via email to the following address: NAU.EnvInvoices@usace.army.mil. Emails shall include the contract and task order number (if applicable) in the subject line.

The Contractor shall include a signed, certified Release of Claims statement with the final invoice. The following statement is acceptable for this purpose: “The work under the above numbered contract having been completed and finally accepted, I hereby release the United States of America, it’s officers and agents from all claims whatsoever arising under or by virtue of this contract upon payment of a balance due of $____________.” Alternatively, a Release of Claims statement substantially similar to the GSA Form 1142 is acceptable, which accessible on the internet at https://www.gsa.gov/cdnstatic/GSA1142-15c.pdf.

9.11 Personnel Qualifications

Contractor must provide employees that are able to communicate clearly by speaking and writing fluently in both the German and English languages. Contractors and subcontractors must have all required Host Nation certifications for all services under this BPA, including for sampling, laboratory analysis, and soil disposal. Soil will be disposed at a licensed facility appropriate for the given waste classification.

10. ISSUANCE OF BPA CALLS/ORDERS

10.1 The Contracting Officer shall exercise broad discretion in making decisions in the award of each individual call. Call awards will include such considerations as price and/or the maximum alternation among contractors for the given work location, based on the number of calls awarded and their amount, so as to ensure a balanced distribution of work. Calls may be awarded to other than lowest price if one quote meets or exceeds the minimum requirements of the Government as specified in the call.

10.2 For cancellation or changes to a BPA Order, the Government will make every reasonable effort to provide the Contractor with sufficient advance notice of any cancellation or material change to a BPA Order before the Contractor expends any required effort or expense in connection therewith. If the Contractor has reasonably incurred allowable advance time or non-reimbursable expenses before notice of the cancelation or change is provided, it may submit a separate invoice for such actual expenditures of time or non- reimbursable expenditures, which will be subject to the review and payment provisions of the BPA.

10.3 Variation in Estimated Quantity (FAR 52.211-18): If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.

10.4 Option for Increased Quantity Separately Priced Line Item, (FAR 52.217-7): The

Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor. The Contractor shall be given three (3) calendar days’ notice of the Government’s intention to exercise the option.

Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

11. ANTITERRORISM (AT) AND OPERATIONAL SECURITY (OPSEC) TRAINING

11.1 General Security Requirements and Guidance

The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures --this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure

11.2 Antiterrorism (AT) Level I Training

All contract personnel requiring routine access to Army installations, facilities, and controlled access areas, or requiring network access shall complete initial and annual refresher AT Level I awareness training. Online AT Level I awareness training is available at https://jko.jten.mil/ (website subject to change).

11.3 Physical Security and Access Control Requirements

All contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of that location. Contract personnel requiring unescorted access to meet contract performance requirements on a DoD installation in the US shall be vetted by the installation/facility Provost Marshal/Directorate of Emergency Services/Security Office using the National Crime Information Center-Interstate Identification Index (commonly referred to as “NCIC-III”) and Terrorist Screening Database (commonly referred to as “TSDB”).

Contract personnel shall comply with all personal identity verification requirements specified in installation/facility policies and procedures. Contract personnel who do not meet requirements for unescorted access to USACE facilities shall coordinate escorted access with the Government representative, as needed. Contract personnel who receive keys, access cards, or lock combinations that provide access to government-owned property shall comply with key and lock control procedures of the RA.

11.4 Suspicious Activity Reporting Training

All contract personnel shall receive initial and annual refresher training from the RA representative on the local suspicious activity reporting program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity.