Attach 1_PWS_Base IDIQ_ERMA23_DRAFT_30Nov2022.docx

PERFORMANCE WORK STATEMENT (PWS)

Environmental Remediation Multiple Award (ERMA) Indefinite Delivery Indefinite Quantity (IDIQ) US Army Environmental Command (USAEC) 30 November 2022

PART 1

GENERAL INFORMATION

1.0 General: This is a non-personal service contract for a performance-based multiple award Indefinite Delivery/Indefinite Quantity (MAIDIQ) contract in support of environmental cleanup at Army Installations. Contractors shall be responsible for fully executing performance-based task orders (TOs) by conducting required environmental remediation services for which the United States Department of the Army (The Army) is statutorily responsible and for assuming contractual liability and responsibility for the achievement of the performance objectives for the sites specified in each task order. The Government shall not exercise any supervision or control over the contract service providers performing the services at the TO level. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.0.1 The prime contractor(s) shall have the capability to manage multiple locations simultaneously, to ensure the Army's needs for [environmental services] are met. The contractor must also be capable of recruiting, retaining, and providing a team of trained personnel with the requisite qualifications to satisfactorily complete the services outlined in this Performance Work Statement (PWS).

1.4.1 Contractors may elect to acquire EI as a component of their risk management approach. The contract(s), in support of the US Army Environmental Command (USAEC) and its customers located anywhere within the United States, to include its Territories of Puerto Rico and the Virgin Islands, may be awarded as a result of this solicitation to the Contractor(s) that provide the best value to the Army. The contract(s) awarded will be for a wide range of environmental remediation services, at various known or suspected sites, to achieve a final Performance Objective.

1.4.2 The individual TO PWS shall contain other TO Contract Requirements to be achieved at identified site(s), such as but not limited to, an Army and regulator approved remedial investigation (RI)/Resource Conservation and Recovery Act (RCRA) facility investigation (RFI), an Army and regulator approved feasibility study (FS)/corrective measures study (CMS), or an Army approved Operational Range Assessment. In such cases, the TO requirement(s) will clearly specify what the Contractor shall achieve and the associated acceptance criteria the Contractor shall meet. The individual TO performance work statement (PWS) may contain TO Contract Requirements to achieve Remedy-in-Place (RIP) or Response Complete (RC) as defined and used in the Defense Environmental Restoration Program (DERP) Management Manual. The Contractor shall attain RIP or RC upon finalizing appropriate written documentation certifying that the remedial activities conducted at the site have met the identified response objectives and no further action is necessary, subject to any requirement for remedial action operations (RAO)/corrective measures implementation operations (CMIO) and long-term management (LTM).

1.4.3 If the individual TO Contract Requirements are for achievement of RAO/CMIO and/or LTM requirements, the Contractor shall be responsible for the following for the duration of the TO:

1.4.3.1 Perform required RAO/CMIO at the specified site(s) for the stated duration.

1.4.3.2 Perform required LTM at the specified site(s) for the stated duration.

1.4.3.3 Assist with Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) 121 (c) or other periodic reviews required at that site.

1.4.3.4 Correct any deficiencies noted in the CERCLA 121(c) or other periodic reviews performed at the Installation for the sites in the TO during execution of the TO, including modifying the monitoring parameters and/or frequency of existing wells, installation and sampling of additional wells to properly characterize contamination, or other activities deemed necessary to correct the deficiencies.

1.4.3.5 Develop and implement approved exit/ramp down strategies and optimizing their efforts and all the requirements to reduce the Army’s long-term cost associated with the site.

1.4.3.6 Routine maintenance and appropriate upgrades (such as for optimization) are the responsibility of the Contractor. Examples of routine maintenance and upgrades include but not are not limited to fence repair, monitoring well replacement (unless the damage of the well was caused by on-post activities unrelated to the cleanup activities), pump replacement or repair, and replacement of carbon and other expendables consumed during the operations and/or monitoring efforts. The Contractor shall ensure the system is operated/modified to be on-track to achieve the remedial action objectives as defined in the decision document.

1.4.4 Work to be completed to address the requirements of a TO PWS includes:

1.4.4.1 Preliminary Assessments (PA)

1.4.4.2 Site Investigation (SI)

1.4.4.3 Remedial Investigation (RI)/RCRA Facility Investigation (RFI)

1.4.4.4 Feasibility Study (FS)/Corrective Measures Study (CMS)

1.4.4.5 Proposed Plan (PP):

1.4.4.6 Decision Document (DD) – i.e. Record of Decision (ROD), Statement of Basis (SB), etc.

1.4.4.7 Remedial Action, Construction (RA-C)/Corrective Measures Implementation, Construction (CMI-C) to include Remedy in Place (RIP) as defined by Defense Environmental Restoration Program (DERP)

1.4.4.8 Remedial Action, Operations (RA-O)/ Corrective Measures Implementation, Operations (CMI-O)

1.4.4.9 Response Complete (RC): As defined by Defense Environmental Restoration Program (DERP)

1.4.4.10 Long Term Management (LTM)

1.4.4.11 Site Closeout (SC): As defined by the Defense Environmental Restoration Program (DERP).

1.4.5 PFOA/PFAS Background: In May 2016, the United States Environmental Protection Agency (USEPA) issued non-enforceable drinking water lifetime health advisories (70 parts per trillion) for perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA), which are compounds in the larger class of chemicals called per- and polyfluoroalkyl substances (PFAS). PFAS can be found in Aqueous Film Forming Foam (AFFF) that is used for fire training and emergency response activities to quickly extinguish fires. PFAS can also be found in industry and consumer products (oil and water repellants clothing and upholstery, stain resistant products, non-stick cookware, and food wrappings).

1.4.5.1 In response to the USEPA publishing drinking water health advisories for PFOS and PFOA; and publishing Regional Screening Level for Perfluorobutanesulfonic acid (PFBS) in the USEPA Regional Screening Level Generic Tables (USEPA 2019), the United States Department of Defense (DoD) directed their active and closed military Installations to identify locations with a known or suspected release of PFOS and PFOA and address these releases that pose a risk to human health, which can include people living outside DoD Installations if: (1) a reasonable basis exists to suspect a potential release associated with Army activities at an Installation, (2) an exposure pathway exists for the probable contamination to threaten public health, and (3) if a potential for off-site migration of chemicals presenting an unacceptable risk to human health/environment is likely. Per- and polyfluoroalkyl substances are not listed as hazardous substances; however, per- and polyfluoroalkyl substances meets the DoD Instruction 4715.18 (September 2019) definition of emerging chemicals (EC) of environmental concern and will be addressed as CERCLA pollutants or contaminants (40 CFR 300.5). Perfluorooctane sulfonate (PFOS), perfluorooctanoic acid (PFOA), and perfluorobutanesulfonic acid (PFBS) will be referred to as per- and polyfluoroalkyl substances (PFAS) throughout this PWS.

1.10.2 Access and general protection policy and procedures. For contractor employees with an area of performance within Army controlled installation, facility, or area. Contractor and all associated sub-contractors employees 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. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

1.10.3 For contractor requiring Common Access Card (CAC). Before CAC 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.

1.10.4 For contractor not eligible for CAC, but requires access to DOD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

1.10.5 For information assurance (IA)/information technology (IT) training. All contractor employees and associated sub-contractor employees must complete the DoD IA 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.

1.12.1 Program Manager - The Contractor shall designate one individual as the Program Manager that will be assigned to this contract. The Program Manager shall be competent, experienced, and knowledgeable in the field of environmental remediation including both hazardous and toxic waste and military munitions response activities. The Program Manager shall be the primary point of contact with the KO and basic IDIQ COR. The Program Manager shall be responsible for the overall management of the contract including cost, schedule, and technical quality. The Program Manager shall take immediate corrective action when performance is not acceptable to the Army. The Program Manager shall also oversee the development and implementation of record keeping, administrative and quality control, and programs. The Program Manager shall have the following requirements:

· A baccalaureate college degree in engineering, construction management, geology, chemistry, or related field from an accredited post-secondary institution.

· Professional registration, in their respective field, if appropriate.

· Ten (10) years of experience in program management for other contracts/programs with a minimum of five (5) years of DoD program management.

· Ten (10) years of experience as a task order/contract project manager.

· Working knowledge of applicable federal, state, and local laws, regulations, and guidance.

1.12.2 Quality Control (QC) Manager - The QC Manager shall be responsible for developing, maintaining, and ensuring implementation of the environmental quality program. This responsibility includes oversight of activities, periodic reviews of the processes being implemented, evaluation of any recommendations made by the project team over the course of the program regarding use of these processes, and continuous improvement evaluations of the quality program. He/she is also responsible for providing support to the project teams and the Program Managers in ensuring that the quality of products and services provided to the client is in accordance with the provisions of the contract, project plans, drawings, specifications, performance work statements, subcontracts, deliverables, other project requirements, and general contract compliance.

· A baccalaureate college degree in engineering, construction management, geology, chemistry, or related field from an accredited post-secondary institution

· Professional registration, in their respective field, if appropriate.

· At least four (4) years combined experience in the laboratory and/or as part of a consultant project management team managing quality assurance/quality control. If not a degreed chemist, the Corporate Quality Managers shall have knowledge and experience in the sampling and analysis of environmental media, and associated quality assurance.

1.12.3 Project Manager - The Contractor shall provide a trained and experienced Project Manager (PM) for every TO awarded. The Contractor shall identify the PM and the PM's qualifications with the submittal of its proposal for the TO issued. The PM shall serve as the single point of contact for the TO COR, and shall be responsible for the management of work, approved plans, and all federal, state, and local laws and regulations. The PM shall also maintain close communication and coordination with the TO COR for the duration of the project. The project manager shall have the following qualifications:

· A college degree in engineering, geology, chemistry, or related field from an accredited postsecondary institution.

· Professional certification/ registration in their respective field, if appropriate, and required to achieve contract requirements on the TO.

· A minimum of ten (10) years project management experience in environmental remediation projects.

· Working knowledge of applicable federal, state, and local laws, regulations, and guidance.

· Experience and/or working knowledge of risk management and/or cost containment insurance if required by the TO.

· A basic understanding of firm-fixed-price contracts.

· A demonstrated understanding of performance-based contracts, and successful experience managing a minimum of one performance-based contract or TO.

1.12.4 Senior Scientist/Engineer/Specialist - The Contractor shall designate one individual as the Senior Scientist/Engineer that will be assigned for every TO awarded. The Senior Scientist/Engineer shall be competent, experienced, and knowledgeable in the field of environmental compliance and conservation and shall be the primary point of contact for technical coordination of project requirements. The Senior Scientist/Engineer shall be responsible for the management of the technical quality of the TO. The Senior Scientist/Engineer shall have the following qualifications:

· A college degree in engineering, construction management, geology, chemistry, or related field.

· Professional registration, in their respective field, if appropriate and required to achieve TO Contract Requirements on the TO.

· Ten (10) years of experience in technical leadership for other contracts/programs with a minimum of five (5) years working experience in environmental remediation sites.

· Working knowledge of applicable federal, state, and local laws, regulations, and guidance.

· A basic understanding of firm-fixed-price contracts.

1.12.5 Regulatory Specialist - The Contractor shall designate and utilize one individual as the Regulatory Specialist for each task order awarded. The Regulatory Specialist shall be competent, experienced, and knowledgeable in the field of environmental regulatory requirements and policy and shall be the Contractor’s primary point of contact for coordination and resolution of regulatory issues. The Regulatory Specialist shall be responsible for ensuring that the Contractor site staff conducts remediation services in accordance with all applicable environmental requirements and policy. The Regulatory Specialist shall also maintain close communication and coordination with United States Army Environmental Command as necessary for resolution of legal, regulatory, and policy concerns by the stakeholders. The Regulatory Specialist shall have the following qualifications:

· A college degree in law, engineering, public administration, construction management, geology, chemistry, or related field from an accredited postsecondary institution.

· Ten (10) years of experience in technical leadership for other contracts/programs with a minimum of five (5) years working experience in environmental remediation sites.

· Detailed knowledge of applicable federal, state(s), and local laws, regulations, and guidance, in particular those relating to CERCLA, the National Contingency Plan (NCP), RCRA permits and corrective action, and the DoD/Army.

1.12.6 Additional/Special Personnel Qualifications: Special qualification or certifications may be required based on the task order. This will be further discussed in Part 5 of this PWS.

adhere to DoD 6055.09-M, Ammunition and Explosive Safety Standards Criteria for Unexploded Ordnance, Munitions Response, Waste Military Munitions, and Material Potentially Presenting an Explosive Hazard; DoD 4145.26-M, DoD Contractor’s Safety Manual For Ammunition and Explosives; Army Regulation 385-10, the Army Safety Program; Department of the Army (DA) Pamphlet (DAP) 385-63, Range Safety; and DAP 385-64, Ammunition and Explosives Safety Standards. Work performed for the Operational Range Assessment Program shall comply with the provisions of Department of Defense Directive (DoDD) 4715.11, Department of Defense Instruction (DoDI) 4715.14, and DoDD 3200.15.

1.16.4 For Installations with unregulated contaminants and CERCLA as the regulatory driver, certain pollutants or contaminants (P/C) may be an issue at sites covered by this contract. Cleanup of P/C may be warranted if the P/C presents an imminent and substantial endangerment to the public health or welfare that is an unacceptable risk. P/C, as defined in CERCLA, typically does not have a federally promulgated maximum contaminant level (MCL). For any such P/C, or any other chemical, that does not have a federally promulgated MCL, but does have a finalized reference dose (RfD) or slope factor listed in USEPA's Integrated Risk Information System (IRIS) database, that RfD or slope factor shall be incorporated in the NCP risk assessment process. Additionally, state standards shall only be analyzed through the CERCLA applicable or relevant and appropriate requirement (ARAR) process.

1.16.5 For Installations with unregulated contaminants and RCRA as the regulatory driver, certain P/C may be an issue at sites covered by this contract. Cleanup of P/C may be warranted if the P/C presents an imminent and substantial endangerment to the public health or welfare that result in an unacceptable risk. P/C typically does not have a federally promulgated MCL. For any such P/C, or any other chemical, that does not have a federally promulgated MCL, but does have a finalized RfD or slope factor listed in USEPA's IRIS database, that RfD or slope factor shall be incorporated in the risk assessment process. Additionally, state standards shall only be analyzed through the appropriate statutory analysis process.

1.16.6 The Army Installation Geospatial Information & Services (IGI&S) has a Geographic Information System (GIS)-based tracking system used to ensure that Land Use Controls (LUCs) are identified and meet required geodatabase standards. The Contractor shall comply with the LUC requirements in all activities. The Contractor shall report compliance with LUCs in the monitoring reports for each site as required. Any LUCs established by the Contractor’s efforts must be compliant with the installation-specific systems and requirements.

1.16.7 The Contractor shall adhere to all applicable federal, DoD, and Army geospatial data standards for tasks and deliverables in this PWS. Spatial data must be compliant with the Spatial Data Standards for Facilities, Infrastructure, and Environment (SDSFIE) v4.0 Army Adaptation. Spatial data must meet the requirements of the associated Quality Assurance Plan (QAP) v4.2, available via the IGI&S Army Installation Atlas Page at https://atlas.obs.army.mil/portal/apps/sites/#/aia If the attribute data being collected as part of the PWS does not match one of the required columns listed in Table 2 of the QAP, then a separate business table with the custom data may be created, using the data layer primary key as the join attribute. Each geospatial data set shall be accompanied by metadata conforming to the Metadata Requirements for IGI&S Geospatial Data. The Army Metadata Editor Tool (AMET) for standardized metadata is located on the IGI&S Army Atlas page https://atlas.obs.army.mil/portal/apps/sites/#/aia/pages/igis-tools-scripts. The horizontal accuracy of any geospatial data created by the Contractor shall be tested and reported in accordance with the National Standard for Spatial Data Accuracy (NSSDA) and the results shall be recorded in the metadata. All data must have a datum of WGS84 and a defined projection as identified in Section 2 Data Collection Requirements - of the applicable QAP for each layer. Army technical experts will independently review Contractor work to ensure compliance with all spatial data requirements. Installation subject matter experts will review Contractor work and validate geospatial data. Validated data will be submitted to the COR for inclusion in the Army geospatial database of record.

1.17 Munitions and Explosives of Concern (MEC) Related Information:

1.17.1 The Contractor shall comply with MEC-related guidance, regulations and Army requirements that includes, but is not limited to, the following:

1.17.1.1 MEC includes UXO, as defined in 10 United States Code (U.S.C.) 101(e)(5); DMM, as defined in 10 U.S.C. 2710(e)(2); or MC, as defined in 10 U.S.C. 2710(e)(3), present in high enough concentrations to pose an explosive hazard.

1.17.1.2 Contractor UXO-qualified personnel shall have qualifications that meet or exceed qualifications as specified in DDESB Technical Paper 18 (TP-18).

1.17.1.3 The Contractor shall adhere to all DoD and Department of the Army (DA) policies, procedures, and regulations for munitions response. This includes, but is not limited to, those specified in 1.16.3.

1.17.1.4 If specified in the TO PWS, when MEC is encountered during completion of activities necessary to achieve the TO requirements, Contractor UXO-qualified personnel shall evaluate the explosive hazard and remove it, including by open detonation in place. This response shall be conducted per the CERCLA and the NCP, applicable state and federal regulation, and applicable DoD, U.S. Army policies and procedures. In addition, in these TOs, per the guidelines set forth in DoDI 4140.62 and Department of Defense Explosive Safety Board (DDESB) Technical Paper 18, Contractor UXO-qualified personnel shall determine the explosive safety status of any material recovered that may pose an explosive hazard (i.e., material potentially presenting an explosive hazard (MPPEH)).

1.17.1.5 Due to the inherent risks associated with munitions response activities, the Contractor shall propose a workweek schedule for each such project. The Contractor shall submit the proposed schedule to the TO COR for approval. The TO COR will seek the concurrence of the Army team and resolve any issues before making the decision to accept or reject the schedule. If the schedule is rejected, the Contractor shall propose a new schedule and the same process shall be repeated until the schedule is accepted.

1.17.2 The Munitions Response Site Prioritization Protocol (MRSPP) requirements in 32 Code of Federal Regulations (CFR) Section 179 require the DoD in consultation with representatives of the states and Indian tribes, to assign each munitions response site (MRS) a relative priority for response actions. The initial MRSPP score for a MRS is developed during the site inspection (SI) phase. These MRSPP scores shall be reviewed annually and shall be revised whenever new data are obtained. Pursuant to this requirement, the Contractor shall annually review, revise MRSPP scores based on new information, and submit to the Army for MRSs identified in the TO PWS. In addition, the Contractor shall also include any information that may have influenced the MRS priority or MRS sequencing decision in the Administrative Record and the Information Repository, as identified in the TO. Furthermore, the FY02 Defense Authorization Act creating the Military Munitions Response Program (MMRP) requires DoD to develop and maintain an inventory of defense sites that are known or suspected to contain UXO, DMM or MC. Pursuant to this requirement and in accordance with current Army implementation procedures, the Contractor shall submit annual updates to the Installation Munitions Response map in PDF format that reflect changes to the location, boundaries and/or extent of the MRSs in the TO PWS.

1.21 Site Plans. Prior to beginning any field work, the Contractor shall prepare any required plans or documents, for example, sampling and analysis plans, quality assurance project plan, waste minimization plans, health and safety plans, explosive site submissions (ESSs) or explosive safety plans (ESPs) that are required for the particular fieldwork efforts. Such additional plans or documents shall be consistent with the applicable regulatory drivers listed in the TO PWS, and any other agreements, orders, or regulations that apply to the Installation and sites. These plans and documents shall be subject to Army review and approval, through the TO COR.

1.22 Protection of Property: The Contractor shall be responsible for any damage caused to property of the US (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 sites under the direct control of the Contractor. Any property of the US damaged or destroyed by the Contractor incidental to the exercise of the privileges granted here shall be promptly repaired or replaced by the Contractor to a condition satisfactory to the KO, or reimbursement shall be made by the Contractor sufficient to restore or replace the property to a condition satisfactory to the KO.

1.23 Project stakeholders: Project stakeholders include the representatives of the Army, Regulatory Agencies, and the Restoration Advisory Board (RAB), or landowners, as specified in the TO PWS. Required level of involvement may differ from site to site.

1.24 Regulatory Involvement: The Contractor shall not initiate communication with the regulatory community without prior COR approval and shall not attend any decision-making meeting without Army participation. The Contractor shall provide all necessary support to initiate, schedule, and address all regulatory aspects of the project.

1.25 Public Involvement:

1.25.1 The Army through the TO COR will approve all Contractor communication and coordination involving public participation. The Contractor shall provide the necessary support to initiate, schedule, and address all public participation aspects of the project (e.g., preparation of briefings, presentations, fact sheets, newsletters, articles/public notices to news media, and notifications to RAB members). The Contractor shall be responsible for requesting and addressing all public comments consistent with the applicable regulatory drivers listed in the TO PWS. The TO COR, or designee, will attend and represent the Army at all meetings with the public.

1.25.2 As specified in the TO PWS, Contractor shall note that some Installations have an active RAB and detailed information concerning the RAB's organization and activities will be provided in the TO PWS. Activities that are required to support the RAB meetings may be included in the TO effort. Such activities include preparation of the minutes of the RAB meetings, securing a location for each scheduled meeting and providing equipment as needed to support these meetings.

1.25.3 As specified in the TO PWS, the Contractor shall be responsible for developing and/or maintaining an approved Community Relations Plan (CRP) or Community Involvement Plan (CIP) for the Installation.

1.25.4 The Contractor shall not make available or publicly disclose any data or report generated under this contract unless specifically authorized by the KO. If any person or entity including any regulatory agency requests information from the Contractor about the subject of the scope of work being conducted on a TO, the Contractor shall refer them to the TO COR. All reports and other information generated shall become the property of the Government.

1.26 Organizational Conflict of Interest (OCI):

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…