Attachment 1 Performance Work Statement.docx

PERFORMANCE WORK STATEMENT (PWS)

Garbage Collection and Single Stream Recycling Pickups at Tobyhanna Army Depot 23 April 2026

Part 1 General Information

1. General: This is a non-personal service(s) contract under which the personnel rendering the service(s) are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

1.1 Description of Services/Introduction: This is a non-personal service(s) contract to provide garbage collection and single stream recycling pickups at Tobyhanna Army Depot.

1.2 Background: If collections and off-site disposal of solid waste were not performed, the quality of life for TYAD employees would degrade and TYADs ability to perform its mission would be severely impaired. TYAD would also be in violation of EPA regulation 40 CFR 243 Storage and Collection of Residential, Commercial, and Institutional Solid Waste, Pennsylvania Solid Waste Management Act (35 P.S. 4000.101-4000.1904 Pennsylvania Code Title 25 Environmental Protection, Chapter 271-285 Municipal Waste, Pennsylvania Code Title 25 Environmental Protection, Chapters 287-299 Residual Waste Management and Army Regulation 420-49 Utility Services.

1.3 Scope: The Contractor shall provide non-personal service(s). The contractor shall furnish all labor, tools, materials, equipment, transportation and supervision, except as specified hereinafter as government-furnished, to manage and perform all operations for the collection and off-post disposal of solid waste generated at Tobyhanna Army Depot (TYAD), Tobyhanna, Pennsylvania. Performance shall be according to the terms, conditions, specifications and standards contained herein and the contractor shall comply with all laws, ordinances, statutes and regulations pertaining to the collection, transportation and disposal of refuse and shall obtain such permits, licenses or other authorizations as may be required. The contractor shall be bound by any and all laws which bind TYAD.

1.4 Objectives:

Contractor will be on-site daily to empty the required amount of containers.

Contractor will empty the contractor provided single-stream recycling dumpsters (6) once per week.

Contractor will provide a medical waste pickup once every 4 weeks.

Contractor will provide rolloff service at various locations requested by COR within 48 hours of service request.

1.5.1 Quality Control Plan (QCP): The Contractor shall develop and maintain a QCP to ensure services are performed in accordance with (IAW) this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor's QCP is the means by which it assures that the work provided complies with the requirements of the contract.

The Contractor’s Proposed QCP shall be submitted to the Contracting Officer (KO) through the Contracting Officer’s Representative (COR) for review within 30 days after date of contract award.

The Government will review and either notify the Contractor in writing of acceptance of the plan or return their comments to the Contractor within 30 days. If the Government has provided comments, the Contractor shall then have 14 days to submit a Final QCP. After receipt of the Final QCP, the Contractor may receive the Contracting Officer’s acceptance in writing. Any proposed changes to the accepted QCP are required to be resubmitted for acceptance by the Contracting Officer no later than 7 days prior to the anticipated change and before implementation by the Contractor. The timeline noted above will apply for review and acceptance for proposed changes. At a minimum, the QCP must include and answer the following to be acceptable:

(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) How the Contractor will monitor work to ensure performance complies with all deliverables (etc. timelines, deadlines, and goals);

(c) How the Contractor will monitor work to ensure performance complies with all specifications and requirements of the contract, including the contract’s clauses;

1.5.2 Quality Assurance: The Government will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). 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 acceptable quality levels (performance thresholds).

1.5.3 Recognized Holidays: The following provides information on recognized holidays for the purpose of the PWS. If submittal of any documentation (e.g. deliverables, submittals, etc.) deadlines fall on a holiday, the closest work day prior to the holiday will apply as the deadline for submittal.

1.5.3.1 U.S. Holidays: Work shall not be performed on U.S. federally recognized holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer. When a U.S. holiday occurs on a Saturday or a Sunday, the holiday is observed on the preceding Friday or following Monday, respectively.

Juneteenth June 19th Independence Day July 4th Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veteran’s Day November 11th Thanksgiving Day 4th Thursday in November Christmas Day December 25th

1.5.4 Operating Hours: The Government facility office hours, facility operating hours, and the Contractor support hour requirements often coincide, however, they may differ. Please refer to the following.

1.5.4.1 Government Facility Office Hours: The Government facility operating hours occur between the hours of are 0700-1500, and Monday through Friday. The Government facility may close due to local or national emergencies, administrative closings, or similar Government directed facility closings and will be communicated by the Contracting Officer to the Contractor.

1.5.4.2 Government Facility Operating Hours: The Government facility operating hours occur between the hours of are 0700-1500, and Monday through Friday. The Government facility may close due to local or national emergencies, administrative closings, or similar Government directed facility closings and will be communicated by the Contracting Officer to the Contractor.

1.5.4.3 Contractor Support Hours: The Contractor shall provide support between the hours of 0800-1400, Monday through Friday. Contractor shall maintain an adequate workforce at all times, 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 is essential.

1.5.4.3.1 Contractor Work Plan: reserved

1.5.5 Training Holidays: reserved

1.5.6 Place of Performance: The work to be performed under this contract will be performed at Tobyhanna Army Depot, Tobyhanna, PA.

1.6 Security Requirements: The following information is provided on security related matters.

1.6.1 Security Program:

All Tobyhanna Army Depot (TYAD) contracts and other acquisition-related documents must ensure privacy and security controls follow this information, and that contractors, subcontractors, and service providers protect Privacy Act information in the same way the organization adhering to the Federal Acquisition Regulations (FAR) Privacy Act provisions (Subparts 24.1 and 24.2) and include the specified contract clauses (Parts 52.224-1 and 52.224-2), as appropriate, to ensure that personal information is protected as mandated.

Force Protection Condition (FPCON) Should the Force Protection Condition (FPCON) at the installation change, the Government may require changes in contractor security matters and/or processes.

If based on the requirements of this contract, contractor employees may be designated as mission essential. Mission-essential contractor employees are required to report for duty and remain on duty during declared emergencies and/or elevated FPCON levels unless otherwise directed by the Contracting Officer (KO) via the appropriate Contracting Officer's Representative (COR).

Unscheduled gate closures by Law Enforcement may occur at any time causing all personnel entering or exiting a closed installation to experience a delay. This cannot be predicted or prevented. Contractors are not compensated for unexpected closures or delays.

Vehicles operated by contractor personnel are subject to search pursuant to applicable regulations. Any moving violation of any applicable motor vehicle regulation may result in the termination of the contractor employee’s installation driving privileges.

The contractor’s employees shall become familiar with and obey the regulations of the installation, including law enforcement, fire, traffic, safety and security (protecting National security) regulations while on the installation. Contractor employees should only enter restricted areas when required to do so and only upon prior approval. All contractor employees shall carry proper identification with them at all times. The contractor shall ensure compliance with all regulations and orders of the installation which may affect performance.

(If Required) The contractor shall provide support during contingencies, exercises, heightened operations, and adverse weather or security closures in the accomplishment of performance requirements. From time to time, the Base Commander may decide to close all or part of a base in response to an unforeseen emergency or similar occurrence. Such emergencies include adverse weather such as snow, or ice, "an act of God,” such as tornado or earthquake, or a base disaster such as a gas leak or fire.

Emergency Communications and Services. If assigned to TYAD for (7) seven days or longer, contractors and subcontractor employees will enroll in the ALERT! Mass Warning Notification System (MWNS). Common Access Card (CAC) is required to register for ALERT!. If a CAC has not been deemed necessary for the contractor or subcontractor, the COR will provide the necessary information to TYADs Antiterrorism Officer or TYADs Emergency Manager in the Security Operations Branch for manual input into the ALERT! System.

ALERT! MWNS is NOT optional - it is a Headquarters Department of the Army (HQDA) requirement to be a registered user.

Due to the life-safety implications of the information being relayed and the requirement to provide immediate alerts and warnings, personnel assigned to TYAD must ensure that their personal contact information, including after-duty hours contact information, as appropriate (e.g., personal cellular phone numbers or landline phone numbers), e-mail addresses, home address, etc., are entered into the system and regularly updated or verified every 90 days to remain current and accurate.

In the event of a life-threatening emergency or natural disaster, COR will account for assigned contractors. COR will send personnel accountability report to Emergency Operations Center (EOC).

Antiterrorism (AT) Level I Training. In accordance with AR 525-13, all contractor and subcontractor employees requiring access to Army installations, facilities, or controlled access areas shall complete AT Level I awareness training annually. This training must be completed prior to being granted installation access and beginning work. The contractor is responsible for ensuring this requirement is met and for providing certificates of completion for each employee to the COR upon request. The web-based training is available at https://jko.jten.mil (Course: JS-US007).

AT Level I and iWATCH training is not required to be in person. While in-person training is an option, the most common and widely accepted method is web-based. Army regulations explicitly provide multiple ways to meet the training requirement to ensure flexibility for all personnel, regardless of their location or access to a classroom setting.

iWATCH Army Training. This 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 within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award. Contractors and all associated sub-contractors will be briefed by the TYAD Antiterrorism/Force Protection officer. It is recommended this training be conducted as part of an initial entry briefing or unit/organization newcomer’s briefings. Send training requests to TYADs Antiterrorism Officer. Contractor employee training will be documented on a local form.

Access and General Protection/Security Policy and Procedures. Contractor and all associated sub-contractor employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by TYAD Law Enforcement. Contractor workforce must comply with all personal identity verification requirements as directed by DoD, HQDA, and/or local policy.

Contractor and all associated sub-contractor 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 the government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

A background check and approval from TYAD Law Enforcement is required for all contractor and subcontractor personnel prior to on-site access at TYAD. All persons seeking entrance to TYAD shall submit to and comply with all security standards and requirements in force at the time such persons are seeking entry. All contractors, regardless of resident status or citizenship, will be subject to vehicle search and intense in-processing by TYAD security personnel prior to being granted access to TYAD. This security screening process may be time consuming, and access may be delayed or denied. The contractor shall ensure the required government access request form is completed. COR will provide specifics to the contractor after award and at least ten days prior to the expected visit date for completion. All the required fields on the form shall be accurate and complete. This requirement is inclusive of on-site supervisory or managerial personnel and sub-contractor personnel that the contractor anticipates will be performing work or visiting on-site. This security screening does not relieve the contractor of any responsibilities to conduct thorough pre-employment background checks and drug screening. Contractor workers will not be granted access to the work site until security screening is completed and access is approved. Any contractor personnel on-site who fail screening will not be permitted further access to TYAD.

Submit the completed local form(s) to the COR. Ensure contracts include the provisions that check for the possibility of and prevent undocumented workers for inclusion in contracted work related to Army missions.

The company will ensure that its employees entering Army-controlled installations or facilities have obtained access badges and passes in accordance with facility regulations and that these badges and passes are obtained in advance so as not to delay the accomplishment of contracted services.

Pre-Bid Site Visit Controls: Any pre-bid site visits held before the contract award will be conducted under strict security controls. These protocols—including mandatory pre-registration for baseline vetting and constant escorting—apply to all potential bidders, regardless of any previous work history with TYAD or current installation access. During this public solicitation phase, a contractor's prior access or familiarity with the installation does not grant them a "need-to-know" for a new requirement. All bidders will be treated as external entities, and the site visit is strictly for a visual inspection of physical conditions only.

Post-Award Information Release: Conversely, all project specifics—including exact locations, detailed plans, and mission context—can and must be provided to the contractor only after the contract is awarded and their personnel have completed all mandatory security training (AT, OPSEC, CUI). At this stage, the contractor has an established "lawful government purpose," and the controlled release of detailed information is appropriate and necessary for the performance of the contract.

Common Access Card (CAC): [If applicable.] 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.

Contractors shall be identified with Government issued identification card (e.g., Common Access Card (CAC) or unit specified identification card). When required, contractor personnel shall comply with local security policies to wear their identification card in a standardized manner, clearly visible attached to the torso of the exterior garment above the belt and below the shoulders except when in use (i.e., inserted in a computer CAC reader) or when in controlled areas requiring other credentials as the primary method of identification. To access any Government base and certain facilities, the contractor shall present required identification card upon demand. Upon exit from Government facilities, the contractor shall conceal their credentials (CAC or other credentials) from plain view. The contractor and Contractor Security Manager/Officer shall coordinate with the COR for Government credential issues.

For contractors that do not require CAC, but require access to a DoD facility or installation: Contractor and all associated subcontractor employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (Army Directive 2014-05/AR 190-13); applicable installation, facility and area commander installation and 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.

Collection of Badges: The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

1. When no longer needed for contract performance

2. Upon completion of the Contractor employee’s employment

3. Upon contract completion or termination The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements. The Contractor shall insert the substance of this clause, including this paragraph, in all subcontracts when the subcontractor’s employees are required to have routine physical access to a federally controlled facility and/or routine access to a federally controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in of this section, unless otherwise approved in writing by the Contracting Officer. The company will return all issued U.S. Government Common Access Cards, installation badges, and/or access passes to the COR when the contract is completed or when a contractor employee no longer requires access to the installation or facility. Contractor personnel will obtain a vehicle pass for access to the military installation and Common Access Cards (CAC) for computer access, if applicable.

Threat Awareness and Reporting Program (TARP). [If applicable.] For all contractors with security clearances, per AR 381-12, TARP contractor employees must receive initial and annual TARP training by a CI Agent or other trainer as specified.

Insider Threat Program. The contractor will establish and maintain an insider threat program to gather, integrate, and report relevant and available information indicative of a potential or actual insider threat, consistent with E.O. 13587 and Presidential Memorandum “National Insider Threat Policy and Minimum Standards for Executive Branch Insider Threat Programs.”

Operational Security (OPSEC). OPSEC is not a one-time checklist, it is a dynamic, ongoing process embedded in every phase of planning, execution, and daily operations. It requires continuous critical thinking and vigilance from everyone who interacts with government information or operates on a government installation. This includes military personnel, Department of Defense civilians, contractors, subcontractors, and family members. OPSEC is not just a policy, it’s a mindset. Its success depends on consistent awareness and execution by every member of the TYAD community.

At TYAD, all observations, communications, and experiences must be protected and must not be shared with anyone lacking a lawful government purpose or a validated business need-to-know. This disciplined approach ensures that emerging threats, evolving vulnerabilities, and shifting mission parameters are constantly reassessed and addressed to safeguard critical information.

OPSEC applies across the full spectrum of DoD missions, functions, programs, and activities under this contract. Practicing OPSEC daily is a requirement that is essential to mission success and the protection of national security assets.

Failure to properly safeguard sensitive or classified information—whether through negligence, willful misconduct, or ignorance—may result in administrative, disciplinary, contractual, or criminal consequences.

Applicability and Management of the Contractor OPSEC Plan The requirement for an Operations Security (OPSEC) Plan or an OPSEC Standing Operating Procedure (SOP) is based on the contractor's access to and handling of Critical Information and/or Controlled Unclassified Information (CUI), regardless of where that information resides. It is essential to distinguish between Information Security (INFOSEC), which protects data "at rest" within a system, and OPSEC, which protects data "in use" by governing the procedures and actions of personnel.

When contractor personnel access or handle CUI—such as building floor plans, technical manuals, or operational schedules—they are required to have an approved OPSEC Plan/SOP. This plan is the formal, documented agreement that outlines how the contractor will protect the government's sensitive information. Even when CUI is handled exclusively on Government Furnished Equipment (GFE), the contractor remains responsible for the "human factor." The OPSEC Plan transfers the responsibility for protecting this information from the Government to the contractor by legally obligating them to establish internal procedures for everything from secure physical storage and controlled discussions to the proper destruction of materials. Without this plan, the Government retains all risk for how a contractor safeguards its data.

The management and approval of the contractor's OPSEC Plan is a shared responsibility, with defined roles at each stage. Per government acquisition and security policy, it is the Contracting Officer's Representative (COR) who is ultimately responsible for the initial identification and final enforcement of this requirement. The process is as follows: The COR (designated technical representative) identifies the need for an OPSEC Plan based on the work described and writes the requirement into the Statement of Work (SOW). After contract award, the COR enforces this by ensuring the contractor submits the plan on time. The Contracting Officer (KO) ensures the requirement is legally binding in the final contract and is the sole authority to take contractual action for non-compliance. Finally, the Government OPSEC Officer, as the technical expert, is responsible for reviewing the submitted plan against AR 530-1 and providing the formal approval or rejection back to the COR.

OPSEC Training Requirements. In accordance with AR 530-1 (4-2-a), all contractors and subcontractors shall complete OPSEC Level I certification training (Initial and Continual – detailed below).

The Contracting Officer’s Representative (COR) serves as the oversight authority: the COR verifies contractual compliance by collecting and reviewing certificates, ensuring they’re submitted within the required timeframe – first 30 days of assignment.

According to AR 530-1 (para 4-2) and DoDM 5205.02, there is no “grace period” or minimum number of days on-site before OPSEC Level I Initial and Continual training becomes mandatory—any contractor, subcontractor, or support‐service provider who requires access to TYAD information, systems, or facilities must complete both parts of their OPSEC Level I training.

OPSEC Level I training is comprised of two parts (Initial and Continual):

1. OPSEC Level I Initial training

· To be completed within first 30 days of assignment to TYAD and annually thereafter – preferably before the job starts

· Provides specific information about TYADs OPSEC program

· Contractors and subcontractors must set up an appointment with TYADs OPSEC Officer for Initial training. The COR will provide the necessary point of contact to schedule this training.

· Conducted by TYAD’s OPSEC officer or alternate – training can be in person or via MS Teams (30 minutes) and is tracked by a TYADs OPSEC Officer via a local training form

2. OPSEC Level I Continual training:

· Commonly referred to as annual OPSEC training

· To be completed within 30 days of assignment to TYAD and annually thereafter – preferably before the job starts

· Provides general information about OPSEC and reemphasizes sound OPSEC practices throughout the contract period

· Title of the training is: “OPSEC Awareness for Military Members, DoD Employees and Contractors” and is available online - https://securityawareness.dcsa.mil/opsec/index.htm

· Certificates of completion must go to the COR OPSEC Measures to Protect Critical Information. This section is critical because it moves beyond a simple, vague requirement to “practice OPSEC” and provides the contractor with specific, actionable, and enforceable rules of behavior.

All contractors and subcontractors shall implement the following mandatory OPSEC measures during the entire period of performance to protect critical and sensitive unclassified information:

1. Training and Compliance: Complete all mandatory OPSEC training as specified in this contract and actively apply all TYAD OPSEC measures in daily, contract-related operations.

2. Secure Communications: Avoid discussing government operations in public spaces or over unprotected communications (e.g., personal cell phones). Transmit Controlled Unclassified Information (CUI) only through authorized, encrypted channels as directed in the SOW/PWS = DoD Safe Access File Exchange (SAFE) is the accredited method for sending files that contain CUI, Personally Identifiable Information (PII), or other sensitive data that should not be transmitted over unencrypted, commercial email channels. The files are encrypted during the transfer process.

3. Public Release and Social Media Prohibition: Do not disclose or post any images, data, or operational details (e.g., maps, pictures, schedules, equipment, tactics) to any unofficial media, including personal or corporate social media platforms. All information or materials intended for public release require a documented OPSEC review by a TYAD certified OPSEC Level II reviewer. Coordinate all press releases through the COR and TYADs Public Affairs Office.

4. Reporting Requirements: Immediately report any attempts by unauthorized third parties to solicit sensitive information to the TYAD Security Operations Branch, the contract POC, and the contractor's Facility Security Officer (FSO).

5. Credential Control: Conceal or remove all government-issued badges and identification when off the installation. Do not duplicate, loan, or leave credentials unattended (CACs, badges, and/or parking passes or placards). Report any lost or stolen passes/badges/credentials to TYAD Law Enforcement Branch. The COR will provide all POC contact information.

6. Protection of Sensitive Data: Mark and protect internal company data related to this contract (e.g., schedules, deliverables, vulnerability reports) as CUI. All government-provided information, such as drawings and technical data, must be protected in accordance with DoD, Army guidance and guidance within contract package documents.

7. Information Disposal: At contract completion or upon Government request, return all government information to the COR or destroy it in accordance with approved TYAD procedures for handling CUI.

Photography or Videography. Contractors and subcontractors who will require photography or videography at TYAD must notify their COR at least fourteen business days in advance and complete OPSEC Level I Initial training. The COR will provide contractors with the contact information for points of contact within the security branch after award. All individuals must follow TYAD policy regarding photography and the use of personal electronic devices.

All photos and videos must then undergo an OPSEC Review—per AR 530-1 Chapter 4—to evaluate them against TYAD’s Critical Information List and identify any vulnerabilities. That review must be fully documented and signed off by a TYAD employee who holds OPSEC Level II certification (example: TYAD OPSEC Officer or Public Affairs personnel) before any imagery is distributed.

COMMUNICATIONS SECURITY (COMSEC) (If applicable) All telephonic and electronic communications with DoD organizations are subject to Communications Security (COMSEC) review and monitoring. The contractor is advised that any calls placed to or received from a DoD organization may be subject to monitoring and recording. The contractor shall ensure frequent dissemination of this notice to all employees who communicate with DoD personnel.

Information Security (INFOSEC). The contractor shall comply with all applicable regulations for the protection of government information. Information handled under this contract is categorized as either Controlled Unclassified Information (CUI) or Classified National Security Information (CNSI).

Controlled Unclassified Information (CUI) The handling, marking, safeguarding, and destruction of all CUI shall be in strict accordance with DoD Instruction 5200.48, Controlled Unclassified Information (CUI). Specific contractor responsibilities are detailed in the "Safeguarding CUI" section of this document.

CUI Training Requirement Any contractor or subcontractor personnel who will have access to CUI under this contract must complete mandatory CUI training prior to accessing such information. The "DoD Mandatory Controlled Unclassified Information (CUI) Training" course available on the DCSA CDSE Security Awareness Hub (https://securityawareness.dcsa.mil/cui/) satisfies this requirement. Completion certificates shall be provided to the COR upon request.

Contractor Responsibilities for Handling CUI The contractor shall comply with all CUI requirements outlined in Executive Order 13556 and 32 CFR Part 2002. The contractor's responsibilities include, but are not limited to:

· Marking: Applying uniform CUI markings to all CUI data and deliverables.

· Access Controls: Restricting CUI access to personnel with a lawful government purpose and validated need-to-know.

· Flow Down: Ensuring all CUI protection requirements are passed down to subcontractors.

· Physical Safeguarding: Implementing appropriate physical controls (e.g., locked storage, controlled-access areas) for all CUI, whether in hard copy or on electronic media.

· Incident Reporting: Reporting any actual or suspected loss or compromise of CUI to the COR immediately.

· Disposition: Returning all CUI to TYAD control or destroying it in accordance with DoD and Army guidelines upon contract completion.

Classified National Security Information (CNSI) (If applicable) If this contract requires access to CNSI, all such information shall be handled, stored, and protected in strict accordance with AR 380-5, Army Information Security Program, the National Industrial Security Program Operating Manual (NISPOM), and the security classification guidance provided in the DD Form 254 issued for this contract.

SECURITY CLEARANCES AND ACCESS TO CLASSIFIED INFORMATION (If applicable) Performance of this contract requires contractor access to Classified National Security Information. The definitive guidance for classification requirements is provided in the DD Form 254, Contract Security Classification Specification, which is attached to and made a part of this contract.

The contractor shall comply with FAR 52.204-2, Security Requirements, the Security Agreement (DD Form 441), and the National Industrial Security Program Operating Manual (NISPOM). The contractor is responsible for ensuring all personnel who require access to classified information possess the appropriate security clearance and need-to-know before access is granted.

Physical Security.

Safeguarding of Government Property 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.

1.6.2 Personnel Security Clearance Requirements: reserved

1.6.3 Installation Access: Access to U.S. installations, buildings and controlled areas is limited to personnel who meet security criteria and are authorized. Failure to submit required information/data and obtain required documentation or clearances will be grounds for denying access to U.S. installations, buildings and controlled areas. The Contractor shall ensure that any subcontractors used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any subcontractor utilized by the Contractor, are made aware of and comply with these requirements.

The Contractor shall be aware of and comply with the requirements associated with Installation Access Control. The Government is not liable for any costs associated with performance delays due solely to a firm’s failure to comply with Installation Access Control System (IACS) processing requirements.

The Contractor shall return installation passes to the issuing IACS office when the contract is completed or when a Contractor employee no longer requires access.

1.6.3.1 Installation Pass Log: reserved

1.6.3.2 Individual Termination or Expiration of Employment: The Contractor shall collect the installation access passes the same day employment of an individual has expired or has been terminated and shall return them to the issuing office within10 days.

1.6.3.3 Contract Termination or Cancellation: Upon termination or cancellation of this contract, the Contractor shall collect all outstanding installation access passes and return them to the issuing office within10 days.

1.6.3.4 Common Access Cards (CAC) and CAC Log: reserved

1.6.4 Background Checks:

1.6.4.1 U.S. Citizen: Contractors that work with or teach youth under the age of 18 years are subject to U.S background checks. The Requiring Activity Manager will determine the extent of background checks required. The Contractor employee may begin performance of the contract after receiving a favorable local background check. The Contractor agrees to replace the employee should results of the background check, if required, be unfavorable as determined by the Requiring Activity Manager. The Contractor’s replacement of the employee with the unfavorable background check shall be within a timeframe provided by the Requiring Activity Manager. The Contractor shall also replace employees whose background check, during their tenure of employment, renders them with an unfavorable local or stateside background check, as determined by the Requiring Activity Manager. The Contractor shall forward a copy to the Contracting Officer via the COR and the Requiring Activity Manager of each favorable background check within 7 days of receipt by the Contractor, identifying such with the appropriate contract number. The Contractor shall forward a copy to the Contracting Officer via the COR and the Requiring Activity Manager of each unfavorable background check within 7 days of receipt by the Contractor, identifying such with the appropriate contract number. When the Government awards a non-personal services contract directly to an individual, the failure of the individual to provide a favorable background check would be grounds for termination.

1.6.4.2 Local Nationals and Third Country Nationals: reserved

1.6.5 Physical Security: The Contractor shall safeguard all Government equipment, information, and property provided for Contractor use.

1.6.6 Operations Security (OPSEC) Requirements: Contractor personnel shall adhere to facility security policies and restrictions. The Contractor shall immediately report suspicious activities to security personnel.

1.7 Key Control: reserved

1.8 Post Award Conference/Periodic Progress Meetings: The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5. The Contracting Officer, 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 shall 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.

1.8.1 The Contractor shall attend, participate in, and furnish input to scheduled and unscheduled meetings, conferences, and briefings that relate to the functions and services herein as required by the Government to provide effective communication and impart necessary information. The Contract Manager or designated representative shall attend meetings as requested by the Government. Meeting attendees shall at times include Contractor managerial, supervisory, and other personnel knowledgeable of the subject matter. Meetings may start or end outside of regular duty hours.

1.9 Contracting Officer’s Representative (COR): Refer to Part 2 of this PWS for the definition of a COR. As determined by the Contracting Officer, a COR will be appointed and identified by letter of designation, a copy of which will be provided to the Contractor by the Contracting Officer. The designation letter 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. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is not authorized to obligate the Government. If the work is not written in the contract, the COR is not authorized to request new work. 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 property, and coordinate site entry of Contractor personnel.

1.10 Key Personnel: reserved

a. Contract Manager and Alternate Contract Manager: reserved

b. Quality Control Manager: reserved

c. Systems Administrator: reserved

d. Special Qualifications: reserved

1.11 Identification of Contractor Employees: All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties must identify themselves, to include proper marking of signature blocks in correspondence, to avoid creating an impression in the minds of members of the public that they are Government officials. The Contractor shall ensure that all documents or reports, produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.12.1 reserved

1.12.2 Contractor Identification Badges: Contractor personnel shall be easily identifiable through the display of badges IAW Contractor Identification (AE Reg. 27-715).

1.13 Contractor Travel: reserved

1.14 Other Direct Costs (ODCs): reserved

1.15 Data Rights: Government has unlimited rights to all documents and materials produced under this contract. All documents and materials, to include the source codes of software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership and 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.

1.16 Non-Disclosure Requirements: Performance under this contract may require the Contractor to access data and information proprietary to a Government agency, another Government Contractor, or of such nature that its dissemination or use other than as specified in this work statement would be adverse to the interests of the Government or others. The Contractor and Contractor personnel, shall not divulge or release data or information developed, or obtained under performance of this PWS, except to authorized Government personnel or upon written approval of the Contracting Officer. The Contractor shall not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as specified in this PWS. All documentation showing individual names or other personal information shall be controlled and protected under the provisions of the Privacy Act of 1974, Public Law 93-579, 5 United States Code (U.S.C.) Section 552a.

1.17 Protection of Government and Contract Information: Per Public Use Notice of Limitations stated by Defense imagery Management operations Center and contained at www.dimoc.mil/resources/limitations/ , the Contractor shall not cite any information (e.g., contract information, pictures, locations, etc.) obtained through this contract on any hard copy or digital marketing tools to include its company website.

1.18 Non-Disclosure Statements: reserved

1.19 Organizational Conflict of Interest (OCI): reserved

1.20 Phase In /Phase Out Period: reserved

1.21 Safety: The following provides information pertaining to Safety and Accident Prevention:

1.21.1 Safety Laws and Regulations: The Contractor shall comply with FAR 52.236-13, Accident Prevention (November 1991), the references contained therein (e.g. U.S. Army Corps of Engineers Safety and Health Requirements Manual (EM 385-1-1)), The requirements under FAR 52.236-13 and specifically of the EM 385-1-1 include, but are not limited to the following:

(a) Before initiation of work at the job site, an Accident Prevention Plan, written by the Contractor for the specific work and hazards of the contract and implementing in detail the pertinent requirements of EM 385-1-1; will be reviewed for acceptance by designated Government personnel. Specific requirements for development of the Accident Prevention Plan are found in 01.A and Appendix A of EM 385-1-1. EM 385-1-1 is available online at www.usace.army.mil.

(b) Before beginning each activity involving a type of work presenting hazards not experienced in previous project operations or where a new work crew or subcontractor is to perform work, activity hazard analysis (AHA) shall be prepared by the Contractor performing the work activity (See paragraph 01.a.09 of EM 385-1-1);

(c) The Contractor shall require subcontractors to submit their plan of operations showing methods they propose to use in accomplishing major phases of work;

(d) The Contractor shall discuss the plans in conferences convened by the Contracting Officer prior to starting work on each major phase of operation. Plans shall include all pertinent information such as layout of haul roads, access roads, storage areas, electrical distribution lines, methods of providing minimum exposure to overhead loads, and methods of access to work areas. The plan for accomplishing the initial work phase shall be submitted within fifteen (15) calendar days after award of the contract. Plans for subsequent major phases of work shall be submitted no later than fifteen (15) calendar days prior to initiation of work on each major phase; and

(e) In all areas where construction, demolition, alteration, building, or similar related activities take place, the Contractor shall have the following minimum personal protective clothing and equipment requirements in place for any person working on or visiting the site:

(i) Short sleeve shirt;

(ii) Long trousers;

(iii) Steel-toed safety boots; and

(iv) Hard hat.

1.21.1.1 In addition to other requirements for accident prevention specified in this contract, the Contractor shall comply with all Federal and State requirements governing safety and health protection on construction sites and other applicable occupational safety codes.

The Contractor shall indicate its plan for compliance considering conditions of the work described by the design, technical proposal, operational activities of the Government or others in the area of the work, identification of the coordinator, and implementation of all other accident prevention provisions of this contract.

1.21.1.2 The Contractor shall complete and provide safety notifications required by TYAD and will provide documented proof to the Contracting Officer via the COR, no later than 14 days that such notifications were made.

SERVICE or EQUIPMENT INSTALLATION CONTRACTOR SAFETY STANDARDS FOR TYAD Below are some “installation specific” safety standards which contractors are required to adhere to while performing any work on Tobyhanna Army Depot. It is the contractor’s responsibility to always incorporate these particular requirements into their daily operations while under contract and to institute these specifics into their overall site safety controls. These do not substitute or deflect in any way the requirement to institute and adhere to all OSHA 29 CFR 1910 & 1926 and USACE EM385-1 safety standards, as well as all applicable contractual Federal Acquisition Regulations while performing the work under this contract on Tobyhanna Army Depot.

It is the responsibility of the contractor to enforce the below requirements as well as all current revisions of the above referenced standards. Failure to enforce safety requirements on the depot can result in immediate stop works, safety stand down orders and even complete termination of the contract.

S1.0 THE CONTRACTOR IS SOLELY RESPONSIBLE AND LIABLE FOR JOB- SITE SAFETY

1. Review of the project plans and other documents by any government appointed official does not constitute an acceptance of Federal responsibility or liability for the adequacy of the safety measures identified for the job or for the Contractor's compliance with all applicable safety rules and regulations.

2. The Contractor remains solely responsible and liable for job-site safety at all times during the term of the contract. No outside personnel (other than ET, COR, TYAD Safety, or other government appointed contract personnel) are allowed onto the job site at any time during contract without prior permissions and/or escort by the ET, COR or KO.

3. Tobyhanna Army depot has restrictions on the use of fossil fuels in all buildings. When it is determined that electric or other alternatively fueled vehicles are insufficient or unavailable for movement of material within the buildings on the installation, fossil-fueled vehicles can be used only when all alternatives of accepted electric…