ARCYBER DRAFT PWS -RAM.doc

PERFORMANCE WORK STATEMENT (PWS)

Army Cyber Command Modular Trailer Office Work Space Part 1

General Information

1. General: This is a non-personnel services contract to provide hazardous waste removal services. 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 ensure all work accomplished in the performance of this Performance Work Statement (PWS) meets all applicable Federal, State, and local laws, regulations, and directives to include, but not limited to, the publications in Section 6 and related documents. Provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform hazardous waste removal as defined in this Performance Work Statement.

1.2 Background: The United States Army Corps of Engineers (USACE) allowed for the housing of Military and Department of the Army Civilian (DAC) personnel in a 10,752 square feet (16 Plex) modular building at Fort Gordon, Georgia. This came as a result of preventing the displacement of workers for the U.S. Army Cyber Command (ARCYBER) while the new Headquarters Military Construction (MILCON) project was being constructed. The builder BL Harbert responsible for the project leased office space for the construction project team as a part of their accommodation plan, this commercial lease expired in June 2019. ARCYBER determined that this space was still needed to accommodate ARCYBER personnel currently occupying the space and could be further used for personnel transitioning to Fort Gordon whose security clearances were not fully adjudicated and could not enter the new headquarters until fully cleared. With no plan in place and upon notification of the preparation to remove the trailers, ARCYBER requested to continue usage at the same cost of the succeeding lease with the incumbent without full and open competition for continued occupancy at this leased location and follow up with contract award. Maintaining these structures were critical as they house the support staff overseeing ARCYBER’s MILCON project and the forward support element vital in the successful relocation of the command over the next 12-36 months. ARCYBER also proceeded with the holding tank and sewage removal services from WSD in order to maintain a safe working environment for its personnel. Sewage retention can cause substantial property destruction as sewage water contains many disease-causing bacteria which hazardous to our health. For these reasons, it was imperative to have a holding tank and sewage removal agreement in place quickly and properly by a certified company at the time of continued occupancy.

1.3 Objectives: The Contractor shall provide holding tanks to collect sanitary waste and properly dispose of the waste at a licensed hazardous waste disposal facility. Basic service objectives include: suppling, servicing, relocating, and removing holding tanks and disposing of all associated waste appropriately.

1.4 Scope: Provide modular office workspace.

1.5 Period of Performance: The period of performance (PoP) shall be for one (1) Base Year of 12 months and up to two (2) 12-month option years. The PoP is as follows:

Base Period 15 May 2021 – 14 May 2022 Option Period I 15 May 2022 – 14 May 2023

1.6 General Information

1.6.1 Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s Quality Control Plan (QCP) is the means by which he assures himself that his work complies with the requirement of the contract. The QCP is to be delivered five (5) business days before contract start. The Contractor shall provide and maintain a QCP that is acceptable to the Contracting Officer (KO). Changes to the Contractor’s QCP shall be submitted to the KO for review and approval within five (5) business days prior to implementation. The QCP shall be submitted to the KO and Contracting Officer Representative (COR) within five (5) working days when changes are made thereafter. After acceptance of the quality control plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his 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 primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.3 Recognized Holidays: The Contractor’s performance shall not be required on the

Federal public holidays listed below. Holidays occurring on weekends will be observed as directed by the Federal calendar (5 U.S.C. 6103).

New Year’s Day

Labor Day

Martin Luther King Jr.’s Birthday

Columbus Day

President’s Day

Veteran’s Day

Memorial Day

Thanksgiving Day

Independence Day

Christmas Day

1.6.4 Hours of Operation: The contractor is responsible for conducting business between the hours of 0700 – 1600 hours Monday thru 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. Providing service after regular hours does not authorize overtime.

1.6.5 Place of Performance: The work to be performed under this contract will be performed at the ARCYBER Trailers located at 1103 105th Ave, Fort Gordon, GA 30905.

1.6.6 Type of Contract: The government will award a Firm Fixed Price (FFP) contract.

1.6.7 Security Requirements: Access and General Protection/Security Policy and Procedures. The Contractor and all associated subcontractors’ employees shall comply with applicable installation, facility, and local security policies and procedures. The Contractor workforce shall comply with all personal identity verification (PIV) requirements as directed by Department of Defense (DOD), Headquarters Department of the Army (HQDA), and local policy. The COR will request changes in Contractor security matters or processes if the Force Protection Condition (FPCON) at any individual facility or installation changes.

1.6.7.1 Motor Vehicle Operators. Contractor’s personnel, whose tasks involve operation of any vehicles, shall possess a valid driver’s license, certificates, and permits applicable for the type and class of vehicle being operated. All vehicles used in the performance of this contract shall be maintained and operated in accordance with all State of Georgia and Federal Highway Vehicle Safety Standards. Seatbelt use on Federal installations is mandatory. Use of cellular telephones while operating vehicles is prohibited on Fort Gordon except with the use of a “hands free” device.

1.6.7.2 The contractor shall secure a required permit and tank certification for all liquid waste hauling vehicles in accordance with all current applicable Federal, State, and Local laws, ordinances and regulations.

1.6.7.3 Contractor Vehicle Registration. The Contractor shall maintain valid vehicle registration and insurance on all Contractor-owned or operated vehicles and trailers operating on the installation. Evidence of vehicle ownership and vehicle liability insurance must be present with the vehicle at all times.

1.6.7.4 The Contractor shall provide all information required for background checks to meet installation access requirements, to be accomplished by the installation Provost Marshall Office, Director of Emergency Services, or Security Office.

1.6.7.5 Physical Security. The Contractor shall safeguard all Government equipment, information, and property in the performance of the PWS.

1.6.8 iWATCH Training. The Contractor shall brief the local iWATCH program (training standards provided by the requiring activity’s Anti-Terrorism Officer (ATO)) to all of the

Contractor’s employees and associated subcontractors. This training is used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR/ACOR. The Contractor shall complete the training within thirty (30) calendar days of contract award and within five (5) calendar days of new employees commencing performance with the results reported to the COR/ no later than thirty (30) calendar days after contract award.

1.6.8.1 AT Level I Awareness 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 within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable and annually thereafter. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or KO, within five (5) calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: http://jko.jten.mil.

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. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically 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 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, specifications: monitor Contractor's performance and notifies 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.

1.6.11 Key Personnel: The Contractor shall provide a Program Manager who is responsible for the performance of the work. The Program Manager shall have full authority to act for the Contractor on all contract matters relating to daily operation of the contract. The name of the Program Manager shall be provided by the Contractor to the KO. The Program Manager shall be available between 0700 - 1600 hours, Monday through Friday except Federal holidays or when the Government facility is closed for administrative reasons. The Program Manager and any individuals designated as key personnel shall be able to understand, speak, read, and write the English language.

1.6.12 Identification of Contractor Employees: Not applicable

1.6.13 Contractor Travel Not Applicable.

1.6.14 Other Direct Costs Not Applicable

1.6.15 Data Rights Not Applicable

1.6.16 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may effect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.6.17 PHASE IN /PHASE OUT PERIOD: Not Applicable.

1.6.18 Environmental Requirements.

1.6.18.1 Environmental Compliance. The Contractor shall comply with all Federal, State, local, and installation environmental laws, rules, plans, and policies. The

Contractor shall use and store all materials, chemicals, and equipment used in the performance of services on the installation IAW with industry standards, local, State and

Federal laws, and according to manufactures' recommendations. The Contractor shall be financially responsible for all fines and associated costs for hazardous waste management, transportation, and disposal of waste due to the Contractor's noncompliance.

1.6.18.2 Spill Plan. The Contractor shall notify the COR within one (1) hour, if the Contractor spills or releases any hazardous substances, i.e., substances listed in

40 CFR 302, Designation, Reportable Quantities, and Notification. The Contractor shall submit a Spill Plan to the KO for approval within thirty (30) days of contract award IAW

Spill Prevention Control and Countermeasure Plan.

1.6.18.3 Damage Caused by Contractor. Damages caused by Contractor employees shall be repaired at no cost to the Government. The Contractor shall notify the COR and return the damaged area to its previous condition. The Contractor shall furnish all labor, materials, and equipment to perform the repair work including cultivating and applying seed, sprigging, or placing sod. The Contractor shall maintain all turf repair work to ensure successful growth.

PART 2

DEFINITIONS & ACRONYMS

2. Definitions and Acronyms:

2.1 DEFINITIONS: See below.

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

2.1.2 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.

2.1.3 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.

2.1.4 DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

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

2.1.6 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.

2.1.7 PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8 QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9 QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

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

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

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

2.1.12 WORK WEEK. Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

ACOR

Alternate Contracting Officer's Representative

AFARS

Army Federal Acquisition Regulation Supplement

AR

Army Regulation

CCE

Contracting Center of Excellence

CFR

Code of Federal Regulations

CONUS

Continental United States (excludes Alaska and Hawaii)

COR

Contracting Officer Representative

COTR

Contracting Officer's Technical Representative

COTS

Commercial-Off-the-Shelf

DA

Department of the Army

DD250

Department of Defense Form 250 (Receiving Report)

DD254

Department of Defense Contract Security Requirement List

DFARS

Defense Federal Acquisition Regulation Supplement

DMDC

Defense Manpower Data Center

DOD

Department of Defense

FAR

Federal Acquisition Regulation

HIPAA

Health Insurance Portability and Accountability Act of 1996

KO

Contracting Officer

OCI

Organizational Conflict of Interest

OCONUS

Outside Continental United States (includes Alaska and Hawaii)

ODC

Other Direct Costs

PIPO

Phase In/Phase Out

POC

Point of Contact

PRS

Performance Requirements Summary

PWS

Performance Work Statement

QA

Quality Assurance

QAP

Quality Assurance Program

QASP

Quality Assurance Surveillance Plan

QC

Quality Control

QCP

Quality Control Program

TE

Technical Exhibit

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: Not Applicable.

3.2 Facilities: Not Applicable.

3.3 Utilities: Not Applicable.

3.4 Equipment: Not Applicable.

3.5 Materials: Not Applicable.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 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.

4.2 Secret Facility Clearance: Not Applicable.

4.3. Materials: The Contractor shall provide all tanks, hoses and servicing equipment to meet the requirements under this PWS.

4.4. Equipment: The Contractor shall provide the necessary equipment required to perform the tasks associated with the waste removal process.

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1 Basic Services. The contractor shall provide services for eight (8) waste holding tanks for use at the US Army Cyber Command trailers. The Contractor shall install, maintain and properly dispose of sanitary waste. The Contractor shall remove sanitary waste material from the holding tanks, then transport and dispose of all hazardous waste two (2) time per week.

5.2 All waste materials collected and removed by the Contractor shall be contained or enclosed to prevent leaking or spilling during transport. All waste collected and removed by the Contractor shall be disposed of at an authorized licensed disposal site selected by the Contractor located in Georgia or South Carolina.

5.3 Disposal shall be in accordance with existing local, state, and federal regulations. The Contractor shall be responsible for any and all permits or fees associated with the disposal.

5.4 Upon completion of the contract, the Contract shall remove all holding tanks and associated components.

5.5. CONTRACTOR MANAGEMENT REPORTING (CMR): The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Army via secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/ and then click on "Department of the Army CMRA" or the icon of the DOD organization that is receiving or benefitting from the contracted services.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY) which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the help desk by clicking on "Send an email" which is located under the “Help Resources” ribbon on the right side of the login page of the applicable Service/Component's CMR website.

PART 6

APPLICABLE PUBLICATIONS

6. Applicable Publications (Current Editions)

6.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures.

ACC PAM 70-1 Interim Army Contracting Command – Contracting Officer’s

Representative Policy Guide

ANSI Z4.3-2016 Sanitation – Non-sewered Waste-Disposal Systems –

Minimum Requirements

ANSI Z87.1-2003 Practice for Occupational and Educational Personal Eye and Face Protection Devices

ANSI/ASQC-Z1.4 National American Standard

ANSI Z245.1 Mobile Refuse Collection and Compaction Equipment – Safety Requirements

AR 11-27 Army Energy Program

AR 70-13 Management and Oversight of Service Acquisitions

AR 190-5 Motor Vehicles Traffic Supervision

AR 200-1 Environmental Protection and Enhancement

AR 200-5 Pest Management

AR 385-10 Army Safety Program

AR 385-40 Army Accident Investigation and Reporting

AR 420-90 Fire Emergency Services

AR 530-1 Operations Security

29 CFR Part 1910 Occupational Safety and Health Standards

40 CFR Protection of the Environment

40 CFR Subchapter I Solid Wastes

40 CFR 257 Criteria for Classification of Solid Waste Disposal Facilities and Practices

40 CFR Part 302 Protection of Environment, Designation, Reportable Quantities and Notification

49 CFR 571 Federal Motor Vehicle Safety Standards

Clean Air Act (CAA)

Clean Water Act (CWA)

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

DA PAM 385-40 Army Accident Investigations and Reporting

DoD 4160.21-M Defense Materiel Disposition Manual

DoD Directive 5500.7-R Joint Ethics Regulation

DoDI 4150.07 DoD Pest Management Program

DoDI 5000.72 DoD Standard for Contracting Officer’s Representative (COR)

Certification

EM-385-1-1 Safety and Health Requirements Manual

EO 13423 Strengthening Federal Environmental, Energy, and Transportation Management

Federal Standard #313 Material Safety Data and Disposal Data for Hazardous

Materials Furnished to Government Activities

FIPS PUB 201-2 Personal Identity Verification (PIV) of Federal Employees and

Contractors

TM 5-634 Solid Waste Management

UFC 3-240-01 Wastewater Collection, with Change 1 11-01-2012

UFC 3-240-03N Wastewater Treatment System Augmenting Handbook

Operation and Maintenance 01-16-2004

42 U.S.C. 6901 Resource Conservation and Recovery Act (RCRA), Solid

Waste Disposal

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. Attachment/Technical Exhibit List:

7.1. Attachment 1/Technical Exhibit 1 – Performance Requirements Summary

7.2. Attachment 2/Technical Exhibit 2 – Deliverables Schedule

TECHNICAL EXHIBIT 1

Performance Requirements Summary The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective

(The Service required—usually a shall statement)

Method of Surveillance

PRS # 1.

Contractor shall ensure all work accomplished meets all applicable Federal, State, and local laws, regulations and directives to include, but not limited to applicable publications in Part 6 of this PWS.

Inspections and complaint validations performed by the COR.

PRS # 2

The Contractor shall develop and maintain a Quality Control Plan approved by the KO.

PRS # 3

Upon completion of the contract, the contractor shall uninstall and remove all holding tanks and associated components.

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

A001

PWS, para 1.6.1.) Contractor Quality Control Plan

A002 (PWS para 1.6.8) iWATCH and AT Level I Awareness

Training, Due 30 days after award of contract or hiring of new employees

A003 (PWS, para. 1.6.11) Key Personnel List