Attachment 1 - Performance Work Statement (PWS) - Final 16 JAN.pdf
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- Attached to
- Groundwater Pump and Treatment System Operation Semi-Annual Groundwater Monitoring (FY26)
- Solicitation number
- W911QY-26-R-GROUNDWATER
About this file
This Performance Work Statement (PWS) describes environmental remediation services for three groundwater contamination sites at the U.S. Army Soldier Systems Center in Natick, Massachusetts. The contract is a firm-fixed price, non-personal services agreement for a five-year period, focusing on Remedial Action Operations (RA-O) for sites NRDEC-05, NRDEC-11, and NRDEC-16, which involve groundwater contaminated with Trichloroethylene (TCE) and Tetrachloroethylene (PCE).
Key requirements include operating and maintaining the groundwater treatment system, performing groundwater monitoring, implementing Land Use Controls (LUCs), and developing optimization strategies. The contractor must provide certified wastewater treatment plant operators, manage a control computer system for monitoring alarms, and comply with environmental regulations including the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The contractor will support periodic reviews, Restoration Advisory Board meetings, and provide monthly status reports, with performance thresholds including zero Class C safety mishaps and 100% compliance with approved plans and quality control requirements.
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Performance Work Statement Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
Groundwater Treatment U.S. Army Soldier Systems Center, Natick, MA
PART 1
GENERAL INFORMATION
1. General: This is a non-personal services firm-fixed price contract to provide environmental remediation services for three sites, NRDEC-05, NRDEC-11, and NRDEC-16 at U.S. Army Soldier Systems Center (SSC), Natick, MA.
1.1 Description of Services: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, other items, and non-personal services necessary to complete the contract requirements specified in Table 1 of this Performance Work Statement (PWS) except for those items specified as Government furnished property and services (see Part 3). The Contractor shall demonstrate the capability and experience to perform a wide range of investigative, remedial design, remedial construction, and remediation services required for hazardous substance and waste sites. Work may include, for example, site investigation, site characterization, evaluation of remedial alternatives, remedial design, remedial construction, remediation of contaminated sites, remedial action (operations), and long-term management. The Contractor shall perform to the standards in this PWS.
1.1.2 The Contractor shall comply with all applicable Federal, state, and local laws and regulations. The Contractor shall achieve the contract requirements of this PWS in a manner that is consistent with any applicable orders or permits, all existing cleanup agreements or guidance for the installation, and relevant DOD and Army regulations, policies, and procedures, for the duration of the contract.
1.1.3 The Contractor shall perform all the necessary environmental remediation work required to meet the contract requirements of this PWS in a manner that is consistent with the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended by the Superfund Amendments and Reauthorization Act (SARA), the National Contingency Plan (NCP), and the CERCLA Section 120 Federal Facility Agreement (FFA) that was signed by the Army and the United States Environmental Protection Agency (USEPA) Region 1, which went into effect on August 2, 2006.
1.1.4 The sites are not suspected to contain Chemical Warfare Materiel (CWM) based on site history. However, if evidence of these items is found, the Contractor shall immediately stop work and contact the Contracting Officer Representative (COR) and Contracting Officer (KO).
The Contractor shall not perform CWM work but shall be familiar with and be able to recognize CWM so it can stop work and notify the Army of the potential hazard.
1.1.5 The sites are not suspected to contain Munitions and Explosives of Concern (MEC) based on site history. However, if evidence of these items is found, the Contractor shall immediately stop work and contact the COR and KO. The Contractor shall not perform MEC work but shall be familiar with and be able to recognize MEC so it can stop work and notify the Army of the potential hazard.
1.2 Background: U.S. Army Soldier Systems Center (SSC) (formerly Natick R, D, and E Center) was officially established in 1953 as the Quartermaster Research and Development Center, a major U.S. Army laboratory whose primary mission was the research and development of food, clothing, and personal and organizational equipment vital to the support of the individual combat soldier.
SSC was placed on the National Priorities List (NPL) on May 31, 1994, primarily due to detections of chlorinated solvents in groundwater. A pilot groundwater extraction and treatment system was started in 1998. The Army and EPA signed a Record of Decision (ROD) for groundwater at site NRDEC-05 in September 2001. Subsequently, sites NRDEC-11 and NRDEC-16 were added to the 2001 ROD through an Explanation of Significant Difference (ESD) signed on May 13, 2013. The three groundwater sites NRDEC-05, NRDEC-11, and NRDEC-16 are within the footprint of the 78-acre SSC installation, and involve groundwater contaminated with Trichloroethylene (TCE) Tetrachloroethylene (PCE) or a mixture of both. All three sites are currently being treated using the same treatment technology at the same pump and treatment facility under the same ROD. All three sites are in Remedial Action Operation (RA-O) status. At this time, all other known areas of sediment and soil contamination on the installation have been cleaned up.
1.3 Objectives: The requirements for this effort may be found in Table 1. The performance requirements summary for this contract may be found in Appendix A.
Table 1: Performance Requirements Summary
Contract Requirements Acceptance Criteria Approved Project Management Plan (PMP):
• Draft PMP within 30 calendar days of contract award.
• Final PMP within 30 calendar days of receipt of COR comments on the draft.
At a minimum, an annual update of PMP within 30 calendar days of the anniversary of the award of the contract.
Development of PMP as specified in Section
1.6.1 of the PWS.
Army approval of the PMP by the COR and
KO.
Perform RA-O at the following site for the duration of the contract or until achievement of RC, whichever comes first:
- NRDEC-05: Bulk Hazardous Waste
Storage Area
- NRDEC-11: Buildings 63, 2 & 45
- NRDEC-16: Buildings 22 & 36
Army approval through the COR and Regulator approval or concurrence (e.g., approval of annual RA-O reports).
COR and Regulator approval of RA-O/ Long-Term Management (LTM) exit or ramp down strategy.
Contract Requirements Acceptance Criteria
- RA-O includes remedy optimization as well as development and implementation of a Long-Term Management (LTM), exit or ramp-down strategy for RA(O) activities at each site.
Support CERCLA 121(c) review required for the sites identified above, by providing data and information to a separate entity who will actually perform the review.
Correct any deficiencies noted in the CERCLA 121(c) reviews.
The Contractor should note that the installation conducted CERCLA 121(c) reviews in 2006, 2011 and 2016. Conduct of the planned 2021 review is not included within the scope of this
PWS.
Provide any requested information through the COR in a timely manner.
Army approval through the COR and Regulator approval or concurrence (e.g., formal documentation accepting any corrections).
1.5 Period of Performance (POP): The period of performance is anticipated to be five (5) years with reporting for the RA-O, and/or LTM requirements completed No Later Than (NLT) 6 months from the end of the POP for those CLIN(s).
1.6 General Information:
1.6.1 Project Management Plan (PMP): The Contractor shall develop and maintain a detailed PMP. The PMP, based on the schedule prepared as part of the Contractor proposal, will specify the schedule, technical approach, and resources required for the planning, execution, and completion of the performance objectives. The first draft of the PMP is due after thirty (30) days of contract award. Elements of this draft PMP shall be part of each offeror’s proposal submittal.
The draft PMP and subsequent revisions will be subject to Army review and approval. The final draft of the PMP shall be due 30 days after the COR provides comments on the initial draft.
As part of the PMP, the Contractor shall develop and maintain a schedule that fully supports the technical approach, outlines due dates, and provides cost expenditure percentages for all milestones. The Contractor shall propose a payment plan in the schedule which may allow for partial payments to the Contractor based on successful completion of interim milestones. It is the Army’s intent to make all payments after verification of progress in accordance with this schedule. Unless otherwise noted in Table 1, all performance objectives must be completed within the anticipated contract period of performance, provided all contract options have been exercised. The Contractor will need to consider the existing or future schedules developed under the applicable regulatory drivers listed in Section 1 of this PWS. The Contractor will also need to coordinate activities with the COR to ensure that the proposed project schedule does not conflict with other contractor activities on site, or interrupt installation mission activities.
As part of the PMP, the Contractor will identify and implement a means for providing project status reports to the COR. The PMP will address the frequency and content of status reports.
Unless otherwise proposed by the Contractor and approved by the Army, the frequency of status reports is to be monthly.
The Contractor shall propose updates to the PMP at least annually to reflect progress towards achievement of the performance objectives and delineate proposed actions to accomplish future project milestones.
1.6.2 Additional Site Plans: Prior to beginning any field work the Contractor shall prepare any additional plans or documents (e.g., sampling and analysis plans, quality assurance project plan, waste minimization plans, health and safety plans) consistent with the applicable regulatory drivers listed in Section 1.0 of this PWS, and any other agreements, orders, or regulations that apply to the installation and sites. These plans and documents will be subject to Army review and approval.
Following the installation or modification of any monitoring wells, extraction wells, remediation equipment, piping or controls, the Contractor shall prepare draft and final updates to any affected installation monitoring plan and/or operations and maintenance manuals as required. The Contractor/Firm shall deliver all Geographic Information System (GIS) materials created, utilized, or modified during the project upon modification completion. Deliverables shall include:
1. Geospatial data files (e.g., shapefiles, geodatabases, raster datasets, and attribute data) in original and processed formats.
2. Metadata files adhering to current standards.
3. GIS project files, configurations, and proprietary templates or styles.
4. Documentation of data sources, processing steps, methodologies, and coordinate systems.
5. Custom tools, scripts, or software developed during the project.
All GIS data must meet the Spatial Data Standards for Facilities, Infrastructure, and Environment (SDSFIE) requirements, including SDSFIE Quality (SDSFIE-Q), and Component Quality Management Plans (QMPs). Deliverables must also conform to the current adaptation of SDSFIE Vector (SDSFIE-V) and applicable QMPs, as outlined in the October 6, 2021 SDSFIE Quality Implementation Guidance. Metadata shall be formatted according to the latest version of SDSFIE Metadata (SDSFIE-M) and comply with SDSFIE-Q requirements, along with any applicable Component QMPs. All materials must be compatible with industry-standard GIS software and include necessary licenses or permissions.
1.6.3 Quality Assurance (QA) / Quality Control (QC): The Contractor shall obtain all permits, licenses, approvals, and/or certificates required or necessary to accomplish the work. The Contractor shall ensure that the quality of all work performed or produced under this contract meets Army approval. QA/QC plans shall be prepared and approved by the Army prior to performance of physical work.
Since the technical approach for this PBC will be developed by the Contractor, the Contractor shall also develop a strategy for Army QA, to be submitted with the PMP. The QA strategy should highlight key quality control activities or events that the COR will use to determine when Army inspections can be conducted to assess progress toward milestones. Activities identified in the QA strategy should be appropriately coded in the project schedule to allow for planning of QA inspections.
1.6.4 Federal Government Holidays: With the exception of emergency response to groundwater treatment system alarms or un-anticipated shutdowns, the Contractor shall not work at the installation on the following Federal Government Holidays.
New Year’s Day 1st day of January Martin Luther King Jr.'s Birthday 3rd Monday of January Washington’s Birthday 3rd Monday of February
Memorial Day Last Monday of May Juneteenth National Independence Day 19th day of June
Independence Day 4th day of July Labor Day 1st Monday of September Columbus Day 2nd Monday of October Veterans Day 11th day of November Thanksgiving Day 4th Thursday of November Christmas Day 25th day of December
1.6.5 Hours of Operation: With the exception of emergency response to groundwater treatment system alarms or un-anticipated shutdowns, Contractor shall conduct business on the installations during normal installation hours of operation. Normal hours of operation for the installation are currently 0700 to 1730 Monday through Friday, except holidays. The contractor gate for vehicle access (all contractors and any vehicle larger than a pickup truck or towing a trailer) is normally open 0700-1500 Monday through Friday, except holidays. Any work outside normal hours of operation, except emergency response to groundwater treatment system alarms or un-anticipated shutdowns, shall require COR approval in advance and notification of Department of Emergency Services (DES) personnel.
1.6.6 Place of Performance: The work to be performed under this contract shall be performed primarily at U.S. Army Soldier Systems Center, Natick, MA or the offices of the Contractor.
1.6.7 Type of Contract: The Government will award a firm-fixed price contract.
1.6.8 Security Requirements: The Contractor shall meet applicable security requirements to include Anti-Terrorism (AT) and Operational Security (OPSEC) as specified in guidance and regulations as outlined below.
1.6.8.1 Access and General Protection/Security Policy and Procedures: Contractor and all associated sub-contractor employees shall provide all information required for background checks to meet installation access requirements to be accomplished by 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, Headquarters Department of the Army (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 the installation change, the Government may require changes in contractor security matters or processes.
1.6.8.2 For contractors that do not require CAC, but require access to a 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 COR).
1.6.8.3 iWATCH Training: Contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (including all training requirements provided by the installation Anti-Terrorism Officer (ATO)). This local developed training shall 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 60 calendar days of contract award and within 60 calendar days of new employees commencing performance with the results reported to the COR no later than (NLT) 60 calendar days after contract award.
1.6.8.4 Physical Security: The Contractor shall be responsible for safeguarding all Government equipment, information, and property provided for Contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured.
1.6.8.5 Key Control: The Contractor shall establish and implement methods of ensuring all keys/key cards/Common Access Cards (CAC) issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the KO and COR.
In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the KO, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the payment due the Contractor.
The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor employees approved by the COR. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the COR.
Lock Combinations: The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Contractor’s Quality Control Plan.
1.6.9 Protection of Property and Indemnification: The Contractor shall be responsible for any damage to property of the United States (Federal property) caused by the willful or negligent actions or omissions of the Contractor incident to its activities under this contract. The Contractor shall exercise due diligence in the protection of all property located on the installation against fire or damage from any and all other causes. Any property of the United States damaged or destroyed by the willful or negligent actions or omissions of the Contractor incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the Contractor to a condition satisfactory to the Government or reimbursement made by the Contractor sufficient to restore or replace the property to a condition satisfactory to the Government in accordance with FAR Clause 52.245-2.
As part of the scope of work for this PWS, the Contractor may be required to perform site investigation, sampling, or remediation activities off the installation and Federal property including on property of the Commonwealth of Massachusetts, municipal property of the Town of Natick, and private property. The Contractor shall bear the same responsibility as described in the previous paragraph for damage that may be caused to non-Federal property by the activities of the Contractor under this contract and shall exercise the same degree of due diligence in the protection of all property against fire or damage from any and all other causes. Any property damaged or destroyed by the willful or negligent actions or omissions of the Contractor incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the Contractor to a condition satisfactory to the Government or reimbursement made by the Contractor sufficient to restore or replace the property to a condition satisfactory to the Government.
When the work to be performed requires facility clearances, such as digging or drilling permits, the Contractor shall obtain such clearances and/or permits, with the assistance of the COR, prior to any drilling or excavating operations. The Contractor shall coordinate all such work with installation Department of Public Works Engineering (DPW-E) personnel prior to performing work. The Contractor is advised that the installation has utilities that are both Army-owned and privately owned, therefore utility clearance shall require the Contractor to mark sites and call Dig-Safe as well as clearing Army-owned utilities separately with DPW-E staff. The Contractor shall comply with all installation- or site-specific time and procedural requirements (federal, state, and local) described in the permits obtained. The Army technical experts may also independently review Contractor work to ensure compliance with all applicable requirements.
1.6.10 Personnel Expertise: The Contractor shall have capable and experienced personnel to perform, or provide, a wide range of services at environmental remediation sites. For this contract, the Key Personnel are defined below. The Contractor shall designate the Key Personnel and other personnel as required to provide the appropriate mix and skill levels of personnel to accomplish the work. Key Personnel shall be the Prime Contractor’s employees. The Contractor is responsible for determining the requirements for licensed professionals and certifications (e.g.
state specific requirements) in addition to those laid out in this PWS. The KO shall approve all replacement Key Personnel. Resumes of the Key Personnel shall be provided to the Government whenever a change in Key Personnel occurs to verify the replacement individual meets the qualifications of the IDIQ Contract PWS, and the contract PWS. All resumes submitted shall be no more than one page. Key personnel for the project are described in Section 4.3.3.
1.6.11 Post Award Conference/Periodic Progress Meetings: The Contractor shall attend any post award conferences and periodic progress meetings convened by the Government. Periodic progress meetings may be conducted periodically to review the Contractor's performance. At these meetings the KO 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. Both parties shall take appropriate action to resolve outstanding issues. These meetings shall be at no additional cost to the Government. The Contractor shall provide meeting minutes within seven calendar days after each meeting for review by the KO and COR.
1.6.12 Contracting Officer Representative (COR): The COR monitors all technical aspects of the contract and assists in contract administration. The COR is not authorized to change any of the terms and conditions of the contract. The COR is authorized to perform the following functions:
assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, and specifications; monitor Contractor's performance and notify both the KO and Contractor of any discrepancies; coordinate availability of Government furnished property; and facilitate 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.
1.6.12 Certification and Approval of Project Milestones and Deliverables: The COR will be responsible for contract management, inspection, oversight, review, and certain approval activities. Government certification and approval of project milestones is necessary before distribution of payments. Final acceptance of milestone completion shall include appropriate acceptance of site remediation documentation by regulators. Certification by the Army is contingent upon the Contractor performing in accordance with the terms and conditions of the contract.
1.6.13 Identification of Contractor Employees: All Contractor personnel attending meetings or working in other situations where their contractor status is not obvious to third parties shall identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. Contractor personnel should display their Common Access Cards (CAC) on their person while on the installation.
1.6.14 Supervision of Contractor Employees: The Government will not exercise any supervision or control over Contractor or subcontractor employees while performing work under the contract. Such employees shall be accountable solely to the Contractor, not the Government. The
Contractor, in turn, shall be accountable to the Government for Contractor or subcontractor employees.
1.6.15 Contractor Travel: Based on the requirements of the technical approach, travel may be required. The Contractor shall incorporate travel costs necessary to execute their technical approach into the fixed price of milestone payments.
1.6.16 Other Direct Costs: This category includes travel (outlined in 1.6.15), document reproduction, and shipping expenses associated with providing the environmental remediation services in this PWS. The Contractor shall incorporate other direct costs necessary to execute their technical approach into the fixed price of milestone payments.
1.6.17 Data Rights: The Army has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Army owned and are the property of the Army with all rights and privileges of ownership belonging exclusively to the Army. These documents and materials shall not be used or sold by the Contractor without written permission from the KO. All materials supplied to the Contractor shall be the sole property of the Army and shall not be used for any other purpose. This right does not abrogate any other Army rights under the applicable Data Rights clause(s). In addition, the Contractor shall ensure that all documents or reports produced by the Contractor are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.
1.6.19 Organizational Conflict of Interest: The Contractor shall provide a disclosure statement which concisely describes all relevant facts concerning any past or present organizational conflicts of interest relating to the work in each PWS. In the same statement, the Contractor shall provide the information required in the following paragraph to assure the Government that the conflicts of interest have been mitigated and/or neutralized to the maximum extent possible. If a conflict of interest is discovered after contract award, the KO, in his discretion, may terminate the contract as appropriate.
1.6.20 Potential Conflicts of Interest: To avoid any organizational conflicts of interest, or even the appearance of any organizational conflicts of interest, the Contractor shall avoid, neutralize and/or mitigate significant potential conflicts of interest that may prejudice effective competition.
1.6.21 Safety and Stop Work Authority: All Contractor and installation site personnel have the authority and responsibility to stop work immediately if the work appears to be a serious threat to the safety or health of workers, other personnel, or to the environment. When work is stopped due to a hazard/threat to worker safety, health, or the environment, the situation shall be documented and copies of the documentation submitted by the Contractor to the KO. The Contractor shall stop work whenever potential CWM, or MEC are discovered. In addition, the KO has the authority to stop work immediately on the contract. Stop work orders may be related to nonconformance to project specifications, lack of performance by the Contractor, financial considerations, funding considerations, and other circumstances outlined in the contract. Note:
CWM, MEC, and radiological materials are not anticipated to be encountered while performing the work under this contract.
1.6.22 Environmental Responsibility Considerations and Indemnification: The Army retains responsibility for any assessed natural resource damages that attributed to historic releases of hazardous substances (prior to contract with selected Contractor) and any natural resource injuries that are incidental to the reasonable implementation of a selected response or remedial action. The Contractor shall be responsible for any/all additional natural resource injuries and associated Natural Resource Damages claims brought because of its actions (e.g. release of hazardous substance or unreasonable disturbance of natural resources because of construction activities).
The Army will retain all responsibility for third party liability for CWM or MEC that may be targeted or discovered during remediation. Response cost claims, property damage and personal injury claims brought due to contamination and hazardous substance releases that have occurred historically (prior to contract with selected Contractor) and are not due to Contractor remediation activities are excluded from Contractor responsibility.
In addition to Section 1.6.9 of this PWS, the Contractor shall be responsible for and indemnify the Army for the following:
(1) Any response cost claims for any environmental restoration services that the Contractor has assumed under this PWS,
(2) All costs associated with correction of a failure of any remedy implemented by the Contractor to the extent such failure was caused by the willful or negligent actions or omissions of the Contractor in the course of performing the environmental services;
(3) All personal injury or property damage claims to the extent caused by the negligent acts or omissions of Contractor in the course of performing the environmental services,
(4) All natural resource damages pursuant to 42 U.S.C. Section 9607(a)(4)(C), to the extent that such damages were caused or contributed to by the negligent acts or omissions of the Contractor or its successors in interest; and
(5) All costs associated with or arising from any negligent acts or omissions or willful misconduct of the Contractor in the course of performing the environmental services or implementing remedial actions.
1.6.23 Noncompliance: Any incident of noncompliance noted by the Contractor shall immediately be brought to the attention of the COR and KO telephonically and then by written notice. Nothing in this contract shall relieve the Contractor of its responsibility to comply with applicable laws and regulations.
PART 2
DEFINITIONS & ACRONYMS
2. General: The following definitions and acronyms apply to this contract.
2.1 Definitions: The following definitions apply to this contract.
2.1.1 Approved Variances: Refers to the ability to make in the field revisions to planned field work as outlined in the approved Work Plan. These revisions must be coordinated with COR and may require regulator approval prior to acceptance of change.
2.1.2 Contractor: A supplier or vendor awarded a contract or contract to provide specific supplies or services to the Government. The term, Contractor, as used in this contract refers to the prime.
2.1.3 Contracting Officer (KO): A person with authority to enter into, administer, and/or terminate contracts, and make related determinations and findings on behalf of the Government.
Note: The only individual who can legally bind the Government.
2.1.4 Contracting Officer Representative (COR): An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.
2.1.5 Defective Service: A service output that does not meet the standard of performance associated with the Performance Work Statement.
2.1.6 Deliverable: Anything that can be physically delivered - may include non-manufactured things such as meeting minutes or reports.
2.1.7 Exit Strategy/Ramp-Down Strategy and Optimization: Trend analysis of historical and current data and/or other quantitative (such as future costs to the Army) or qualitative considerations that will lead to a reduction in the requirements themselves or the timeframe in which those requirements are to be achieved in a cost-effective manner.
2.1.8 Government-Furnished Property: Property in the possession of the Government made available to the Contractor to use on this contract.
2.1.9 Land Use Control (LUC): Any type of physical, legal, or administrative mechanism that restricts the use of or limits access to real property to prevent or reduce risks to human health and the environment. Physical mechanisms encompass a variety of engineered remedies to contain or reduce contamination and physical barriers to limit access to property, such as fences or signs.
The legal mechanisms used for LUCs are generally the same as those used for institutional controls as discussed in NCP. Legal mechanisms include restrictive covenants, negative easements, equitable servitudes, and deed notices. Administrative mechanisms include notices, adopted local land use plans and ordinances, construction permitting, or other land use management systems to ensure compliance with use restrictions.
2.1.10 Physical Security: Actions that prevent the loss or damage of Government property.
2.1.11 Project-Related Information: Includes all previous environmental restoration documentation of a technical nature developed by the Army and previous Army Contractors for the sites specified in this PWS, and all the documentation developed by the Contractor in order to achieve the performance objectives specified in this PWS.
2.1.12 Quality Assurance: The Government procedures to verify that services being performed by the Contractor are acceptable in accordance with established standards and requirements of this contract.
2.1.13 Quality Control: All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.
2.1.14 Remedial Action – Construction (RA-C): The period of time in which a response action is being implemented but is not yet operating as designed. At the end of this phase of work, a remedy is in place and should be operating as designed in order to achieve the remedial action objectives at some point in the future.
2.1.15 Remedial Action-Operation (RA-O): The period of time that a selected remedy must operate before achieving remedial action objectives. At the end of this phase of work, the response is complete.
2.1.16 Remedial Design (RD): During the RD phase, the DoD Component shall develop the design plans and specifications of the selected alternative. The RD shall include a LUC implementation plan, if LUCs are a required element of the selected remedial action.
2.1.17 Response Complete (RC): A milestone signifying that the DoD Component has met the remedial action objectives for a site, documented the determination, and sought regulatory agreement. RC signifies that DoD has determined at the end of the PA/SI or RI that no additional response action is required; achieved RIP and the required RA-O has achieved the remedial action objectives; or where there is no RA-O phase, then the RA-C has achieved the remedial action objectives.
2.1.18 Remedy in Place (RIP): Designation that a final remedial action has been constructed, is functional, and is operating as planned in the remedial design and would be expected to meet the remedial action objectives detailed in the decision document.
2.1.19 Site Closeout (SC): The stage at which active management and monitoring at an environmental restoration site is complete, and no additional environmental restoration funds will be expended at the site. SC occurs when environmental restoration goals have been achieved that allow unlimited use with unlimited exposure of the property (e.g., no further LTM, including LUCs, is required).
2.1.20 Subcontractor: One that enters into a contract with a prime Contractor. The Government does not have privity of contract with the Subcontractor.
2.2. Acronyms: The following acronyms may apply to this contract.
AEDB-R Army Environmental Database - Restoration Module AR Army Regulation AT Anti-Terrorism ATO Anti-Terrorism Officer CERCLA Comprehensive Environmental Response, Compensation and Liability Act CLIN Contract Line Item Number CMR Contract Manpower Reporting CMR Code of Massachusetts Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative (at the contract level) CWM Chemical Warfare Materiel DA Department of the Army DD Decision Document DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DDESB Department of Defense Explosive Safety Board DERP Defense Environmental Restoration Program DES U.S. Army Garrison Natick Department of Emergency Services DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense DOD ELAP DOD Environmental Laboratory Accreditation Program DODI DOD Instruction Number ERIS Environmental Restoration Information System ERMA Environmental Remediation Multiple Award FAR Federal Acquisition Regulation FFP Firm Fixed Price FPCON Force Protection Condition GFP Government-Furnished Property HQAES Headquarters Army Environmental Systems HQDA Headquarters, Department of Army HSP Health and Safety Plan ID Identification Badge IRIS Integrated Risk Information System IRP Installation Restoration Program KO Contracting Officer LTM Long-term Management LUC Land Use Control MCL Maximum Contaminant Limit MEC Munitions and Explosives of Concern NCP National Contingency Plan
NLT No later than OCI Organizational Conflict of Interest ODC Other Direct Costs OPSEC Operational Security OSHA Occupational Safety and Health Administration P/C Pollutants or contaminants PBA Performance-Based Acquisition PMP Project Management Plan POC Point of Contact POP Period of Performance PP Proposed Plan PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAPP Quality Assurance Project Plan QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Plan RAB Restoration Advisory Board RA-C Remedial Action - Construction RA-O Remedial Action - Operations RC Response Complete RCRA Resource Conservation and Recovery Act RD Remedial Design READ Repository of Environmental Documents RfD Reference Dose RI/FS Remedial Investigation/Feasibility Study RIP Remedy in Place ROD Record of Decision ROE Right of Entry RTOP Request for Contract Proposal SAP Sampling and Analysis Plan SARA Superfund Amendments and Reauthorization Act SC Site Closeout SSC U. S. Army Soldier Systems Center, Natick, MA SOP Standard Operating Procedure TCE Trichloroethylene TRC Technical Review Committee USACE EMCX United States Army Corps of Engineers Environmental and Munitions
Center of Expertise USAG-Natick U.S. Army Garrison Natick, UFP-QAPP Uniform Federal Policy for Quality Assurance Project Plans USEPA United State Environmental Protection Agency UXO Unexploded Ordnance
PART 3
GOVERNMENT-FURNISHED PROPERTY, EQUIPMENT, AND SERVICES
Government Furnished Resources: The Government will provide the following resources to the Contractor:
• Pertinent records, reports, data, analyses, and information, in their current format (e.g., paper copy, electronic, tape, disks) to facilitate development of a complete and accurate assessment of current, former, and historical site activities and operations; waste generation and contaminant characteristics; parameters of interest; and site environmental conditions.
• Access to appropriate personnel to conduct interviews on installation operations and activities.
• Access to DoD and Army policy and guidance documents.
• Rights of Entry for sites included in the PWS.
• Other items to be determined on a site-specific basis.
A description of the Building 94 groundwater treatment system and the 1,4-dioxane pretreatment system may be found in the documents listed in the attached Technical Exhibit 2.
The Government will provide space for all meetings.
The Contractor acknowledges that Natick Soldier Systems Center (SSC) is an operating military installation. Contractor shall schedule, coordinate, and conduct all investigation, sampling, construction, and operations under this PWS so as not to interfere with normal SSC operations.
Furthermore, in the event that Contractor investigation or operations activities require that roads be temporarily closed, parking spots be closed off, utilities secured or redirected, etc., Contractor shall coordinate with the COR, SSC Department of Emergency Services (DES) and Department of Public Works Engineering (DPW-E) at least 7 days in advance of work (except for emergencies).
PART 4
CONTRACTOR FURNISHED ITEMS AND SERVICES
4. Contractor Furnished Items and Responsibilities: The Contractor shall possess and supply personnel with the required expertise, knowledge, equipment, tools and any other resources required to meet the contract requirements of this PWS in accordance with established industry standards and regulatory requirements. The Contractor shall determine the requirements for licensed professionals and certifications and provide all required training necessary for compliance with regulations. The Contractor shall obtain all permits, licenses, approvals, and/or certificates required or necessary to accomplish the work. Note that this specifically includes certified wastewater treatment plant operators as described below.
The Contractor shall at all times maintain an adequate workforce for the timely completion of all tasks defined within this PWS. When hiring and managing personnel for this effort, the Contractor shall prioritize the stability and continuity of its workforce.
4.1 When the work to be performed requires facility clearances, such as digging or drilling permits, the Contractor shall follow USAG DPW practices and obtain such clearances and/or permits, prior to any drilling or excavating operations. The Contractor shall coordinate all such work with COR, USAG DPW, and USAG Environmental Office personnel. To adequately protect all utilities on post, since some Army utilities are not covered by DigSafe, the Contractor shall perform required utility checks using all applicable means. The Contractor shall comply with all installation or site-specific time and procedural requirements (Federal, state, and local) described in the permits obtained.
4.2 The Contractor shall provide all support activities necessary to ensure the safe and effective accomplishment of all work required to meet the contract requirements of this PWS. In addition, the Contractor shall be responsible for the following items:
• For the operation of the Building 94 groundwater treatment system, the Contractor shall provide the services of a designated treatment system operator and at least one backup operator. Both the designated operator and backup(s) shall be certified as Grade 5 or better wastewater treatment plant operators. At least one of the operators shall currently have the status of “full operator” as defined at 257 CMR 2.00: Certification of Operators of Wastewater Treatment Facilities. The Contractor shall ensure that at least one operator be on call at all times to physically access the plant in response to automated alarm conditions or other emergencies at the plant.
• For the operation of the Building 94 groundwater treatment system, the Contractor shall cause it to be monitored and controlled at all times by a control computer capable of logging data required to complete the annual treatment system report. The control computer shall be independent of the USAG-Natick computer network. In the event of an alarm condition, the control computer shall transmit the alarm parameters to one or more operators who shall be able to connect remotely and securely to the control computer to assess the alarm and (if required) remotely control the treatment system pumps and valves to correct the alarm condition or (at a minimum) place the treatment system in a stable condition to prevent system damage and/or releases to the environment. The Contractor shall ensure a means of remotely accessing the control computer be available to the designated operator, backup operator(s), other Contractor personnel as required, and the COR.
• The Contractor’s Building 94 groundwater treatment system operator(s) shall be able to respond within 60 minutes of alarm notification to investigate emergencies or alarms, and to assess plant status, and restore operations. If the control computer status indicates that an operator may need to be physically present at Building 94 to prevent system damage and/or releases to the environment, the designated operator or alternate(s) shall report to the Building 94 within 60 minutes of alarm notification to perform required maintenance actions. If alarm conditions do not indicate a risk of system damage or a release to the environment and the system has been remotely placed in a safe (but not fully operational) condition, the operator shall report to Building 94 by 0800 hours eastern time on the morning of the next business day to begin repair activities.
• The Contractor shall have a procedure in place to inform the COR of alarms and treatment plant shutdown conditions and repair status. The Contractor shall report routine alarms and shutdown conditions to the COR not later than 0800 hours eastern time on the morning of the next business day following the alarm. The Contractor shall report alarms that involve possible or actual system damage, or any condition that involves a release or threat of release of oil and/or hazardous material to the environment, to the COR as soon as possible, but not more than 120minutes after knowledge of the condition.
• All solid and hazardous waste generated under this contract shall be the responsibility of the Contractor. This includes removal, proper disposal, and all required associated paperwork. All hazardous waste disposal paperwork shall be reviewed in advance and signed by a designated representative of the USAG Environmental Office.
• A Digsafe permit is required for any intrusive work. The Contract shall obtain Digsafe permits through the both the regional Digsafe contractor and the installation DPW Chief of Engineering or his designee.
• The Government maintains a wired as well as wireless computer network on the installation that is reserved for government-owned devices only and requires login using DoD Common Access Card. Connecting any device other than approved government-owned devices to this network is prohibited. The Contractor shall prohibit its personnel from using this network. Any attempt to do so is detected and logged. The Contractor shall be responsible for providing a wireless network solution sufficient to enable the treatment system to broadcast alarms and communicate system operating status to designated Contractor personnel and to the COR as required, to allow emergency remote operation of the system, and optionally, to allow contractor personnel on the installation to access the internet or Contractor computer systems.
• The Contractor shall provide a court reporter, and audiovisual equipment for all meetings of the Restoration Advisory Board (RAB). RAB meetings are generally scheduled at an Army conference center on the installation at no cost to the contractor. RAB meetings are scheduled as needed and have recently been held annually or biennially depending upon need.
4.3 Key Personnel: Certain experienced professional and/or technical personnel are essential for successful accomplishment of the work to be performed under this contract. These "Key Personnel" shall be identified by name and position within the Contractor’s proposal and their resumes shall be submitted for evaluation during the source selection process. The Contractor agrees that such personnel shall not be removed or replaced within the performance of this contract unless the following measures are taken:
4.3.1 If one or more of the key personnel, for any reason, becomes or is expected to become unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the Contractor shall, subject to the concurrence of the Contracting Officer (KO), promptly replace personnel with personnel who possess equal, or better, qualifications as the original employee.
4.3.2 All Contractor requests for approval of substitutions of Key Personnel must be in writing and contain a detailed explanation of the circumstances necessitating the proposed substitutions.
The request must contain a resume for the proposed substitute, and any other information requested by the KO. The KO must concur in writing with the change prior to the personnel change.
4.3.3 The Key Personnel in this Contract are as follows:
• Project Manager
• Senior Scientist/Engineer
• Quality Assurance Manager
• Quality Control Manager
• Wastewater Treatment Plant Operator and alternate(s)
4.3.4 If the KO determines that suitable and timely replacement of Key Personnel who have been reassigned, terminated, or have otherwise become unavailable…
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