Attachment D - Statement of Work.pdf

Hazardous Material / Contraband Extraction Statement of Work (SOW)

Department of the Homeland Security (DHS) U.S. Customs and Border Protection (CBP)

1.0. Background

As a component of DHS, US Customs and Border Protection (CBP) is responsible for protecting our Nation’s borders in order to prevent terrorists and terrorist weapons from entering the United States, while facilitating the flow of legitimate trade and travel. CBP is also responsible for apprehending individuals attempting to enter the U.S. illegally;

stemming the flow of drugs and other contraband; protecting our agricultural and economic interests from harmful pests and diseases; protecting American business from theft of their intellectual property; and regulating and facilitating international trade, collecting import duties, and enforcing U.S. trade laws.

The United States Border Patrol (USBP), Rio Grande Valley (RGV) Sector has a requirement for a Contactor to assist USBP in the (1) Extraction of narcotics and Decontamination of vehicles suspected of containing illegal contraband and (2) Transporting of seized illegal contraband, mainly narcotics, to USBP RGV Sector Stations or its designee. The illegal contraband is often found in non-purged tankers, but on some occasions may be found in other containment items. The contractor shall then decontaminate the illegal contraband and hand over all contraband to CBP. The contractor shall then remove, clean-up and dispose of all contaminants encountered during the decontamination of the illegal contraband.

2.0. Applicable Documents

3.1 Proper handling, management, transportation and disposal of Hazardous Materials Regulations:

3.1.1 Texas Administrative Code, Chapter 335, parts 501 to 521 (TAC

335.501 to 335.521).

3.1.2 Title 40 of the Code of Federal Regulations, parts 260 through 263

(40 CFR 260 to 263).

3.2 Proper training and certifications in accordance with paragraph 3.2.1 and be properly permitted and licensed to handle and transport hazardous wastes in accordance with paragraph 4.7.3.

3.2.1 OSHA Regulations (29 CFR 1910.120).

3.2.2 U.S. Federal Motor Carrier Safety Administration Standards and

U.S. Department of Transportation regulations (49 CFR 397).

3.3 Implementation of a site specific health and safety plan in accordance with OSHA regulations (29 CFR 1910.120)

3.0. Scope of Work

The RGV Border Patrol is responsible for the operation of two Checkpoints where vehicles traveling north are subject to inspection for illegal narcotics (contraband). Past history has shown that contraband may be hidden in conveyances transporting materials considered hazardous. CBP agents do not have the expertise or training to safely extract the contraband, which in it-self can be considered hazardous, or decontaminate it for future use as evidence in legal proceeding. The contraband has to be extracted and decontaminated on site under the supervision of CBP agents who will take control of all contraband once the extraction and decontamination process is completed.

Services will be provided at the two USBP RGV Sector checkpoints listed in paragraph

7.0. The two checkpoints operate on a continuous basis and CBP needs a Contractor that can be available for services to be performed 24 hours a day, 7 days a week. It is intended to be an IDIQ (Indefinite Delivery/Indefinite Quantity) Contract containing One (1) Base Year and Four (4) Option Years. The two checkpoints are where illegal contraband (including narcotics) is commonly seized in conveyances transporting various forms of industrial hazardous waste. The handling and disposal of the hazardous waste must be in accordance with standard industry practices and follow federal and state regulations listed in paragraph 2.0.

Specific Requirements for Services

3.1 Extraction and Decontamination Callout Requirements

3.1.1 Respond to Callout for Extraction and Decontamination Services

- The Contractor shall respond to orders placed by the Contracting

Officer Representative (COR) listed in paragraph 10.2.1or the CBP Officer in Charge for the extraction of narcotics from conveyances that are or have recently transported hazardous materials and cleaning of narcotic bundles (contraband) to remove all possible residues. In some cases, the narcotics are intermingled with other products and packages which will require extraction.

- The Contractor shall provide a timely response to the callout.

Timely is identified as six (6) hours or less from the time they receive the call out from the COR or the on-duty Border Patrol Supervisor.

- The Contractor shall provide all manpower, equipment and supplies in the performance of this contract including Personal Protection Equipment (PPE), respirators, Hazmat holding containers and Hazmat spill containment kits.

- The Contractor shall be available to respond to a service call from the COR or Border Patrol Supervisory Agent in charge for extraction and decontamination services 24 hours a day, seven days a week.

- The Contractor shall implement a site specific health and safety plan in accordance with OSHA regulations (29 CFR 1910.120) and provide all required equipment for identifying hazardous materials and making confined space entries where hazardous materials are located.

- The Contractor shall extract and decontaminate contraband on site under the supervision of U.S. Border Patrol agents.

- When requested by the USBP Agent-in-Charge at the checkpoint, the Contractor shall decontaminate contraband, at areas outside the checkpoint where extraction occurred or, inside the checkpoint building area where the narcotics are tested, to include contaminated testing equipment such as a glovebox.

3.1.2 Vacuum Services Requirements

- To reach the illegal contraband, in some instances, the Contractor will have to employ a vacuum truck to remove hazardous waste materials from the non-purged tankers. Examples of waste may include well waste water and oil, drilling fluids and other substances found in industrial transportation vehicles. Substances are usually returned to the tanker but, in a few situations they are stored off-site.

- The Contractor shall provide vacuum service, as needed. The Contractor shall understand this is part of his costs. Vacuum services shall be part of the contract package providing a turn-key type service.

- The Contractor will remove any type of substance, to give Agents access to hidden contraband. The Contractor will be familiar with various forms of hazardous waste (solid, liquid, and sludge) and determine appropriate transport requirements.

- The Contractor shall provide storage or holding tanks for extracted waste, as needed. The Contractor’s storage will comply with environmental safe practices and regulations for hazardous materials.

- The Contractor shall provide all wash-out procedures.

- The Contractor shall provide storage of removed substances, to include hazardous materials, and be accountable for such substances.

3.1.3 Emergency Procedures

- The Contractor shall have a contingency plan for any emergency or hazardous situation.

- The Contractor shall cooperate with preparedness, prevention and emergency procedures instituted by USBP.

3.1.4 Failure to Respond to a Request for Extraction and

Decontamination

- The Contractor shall reimburse the Government’s expenses over and above that which would have been obtained if the Contractor had performed the work, if after a callout, does not appear at the time and place specified. Government may deduct such expense from another sum due or that may become due to the Contractor.

3.1.5 Handling of Hazardous Materials

- The Contractor is responsible for proper handling, management, transportation and disposal of hazardous materials encountered during the execution of this SOW in accordance with Texas Administrative Code, Chapter 335, parts 501 to 521 (TAC 335.501 to 335.521) and title 40 of the code of Federal Regulations parts 260 through 263 (40 CFR 2660 to 263).

- The Contractor’s employees shall have all the proper training and certifications in accordance with OSHA regulations (29DFR 1910.120) and be properly permitted and licensed to handle and transport hazardous wastes in accordance with U.S. Federal Motor Carrier Safety Administration Standards and U.S. Department of Transportation regulations (49 CDR 397).

- The Contractor shall demonstrate experience in managing ignitable, corrosive, reactive, and toxicity characteristics of hazardous waste.

- On completion of the extraction and decontamination process, the Contractor shall turn over / transport all contraband to U.S. Border Patrol or its designee.

3.1.6 Identification of Hazardous Materials

- The Contractor shall be responsible for the identification of any possible hazardous materials located where the narcotics are hidden and to make that information readily available to the on-duty Border Patrol Supervisor.

- The Contractor shall provide a legible written report identifying the chemicals and/or substances used as cover and the potential exposure effects.

- The Contractor shall provide its own reporting format but will ensure all pertinent information is included.

- The Contractor shall include a copy of the written report with the invoice for archiving.

- The contractor shall characterize all waste materials in accordance with TAC 335.501 to 335.521 and 40 CDR 261 and dispose of all waste at a disposal or recycling facility properly permitted to accept the material.

3.1.7 Transportation and Disposal of Hazardous Materials

- The Contractor is responsible for the clean-up of any waste spills that occur during the extraction performance of this contract. The contractor will clean up and properly dispose of any spill that occurs during the extraction of narcotics or while narcotics are being decontaminated.

- The Contractor shall handle, manage and dispose of all hazardous materials encountered during the execution of this SOW in accordance with Texas Administrative Code, Chapter 335, parts 501 to 521 (TAC 335.501 to ee5.521) and title 40 of the Code of Federal Regulations, parts 260 through 263 (40 CDR 260 to 263).

- The Contractor shall handle, manage and dispose of all hazardous materials that were extracted by USBP agents, prior to callout, during initial identification of anomalies which result in discovery of contraband.

- The Contractor’s employees shall have all proper training and certifications in accordance with OSHA regulations (29 CFR 1910.120) and be properly permitted and licensed to handle and transport hazardous wastes in accordance with U.S. Federal Motor Carrier Safety Administration Standards and U.S. department of Transportation regulations (49 CFR 397).

- The Contractor shall have drivers permitted and licensed to drive in Texas.

- The Contractor shall have liability insurance to cover all vehicle damages and injuries from accidents during transportation and disposal of hazardous materials

3.2 Transportation of Contraband Requirements

There are times where the checkpoints are holding confiscated contraband and a requirement exist to transport the contraband to another USBP RGV Sector holding facility or other agency designee. USBP RGV Sector may not have the means or expertise to transport the contraband on state highways. The contractor will be required to provide transportation services to a designated USBP RGV Sector holding facility.

3.2.1 Transportation Requirements

- Provide a method to safely store and provide security during transportation.

- Provide storage containers if/when requested by USBP RGV

Sector point of contact.

- Available for transportation services during the dates/hours of

Monday through Friday, 8:00 am to 5:00 pm.

4.0 Deliverables and Delivery Schedule

4.1 Deliverables

4.1.1 The Contactor shall provide the COR or on-duty Border Patrol

Supervisor with the written report documenting the identification of all hazardous chemicals and materials encountered at completion of the service call.

4.1.2 The Contractor shall provide, in his invoicing, a line item break-out for his cost of vacuum service(s). The minimum accounting information will include number of trucks, date of service(s), time of service(s), volume or quantity per truck, transport company name, and manifest number.

4.1.3 The Contractor shall furnish a written notification of any spills or releases, related to any jobs at either location, listed in paragraph 7.0

4.2 Delivery Instructions

4.2.1 Orders shall be placed against this contract for groups containing 2 contract employees in a team with the initial callout of two 2 man teams (four contract employees total)

4.2.2 The Government may order up to 5 teams (2 people per team) under this contract based on the amount of work that is going to be required at a checkpoint.

4.2.3 The total amount of time to perform the services will be paid as hourly rates.

5.0 Past Performance

5.1 The Contractor shall provide the Government with documentation of past performances involving Hazmat removal/handling similar to what the services are being requested.

5.2 The Contractor shall provide information and explanation about any accidents or spills within the last two years.

5.3 The Contractor shall furnish three customer satisfaction surveys from previous customers concerning Hazmat removal/handling.

6.0. Government-Furnished Equipment and Information

6.1. No Government property will be furnished.

6.2. The Government shall provide all information available pertaining to the type of chemical which the contractor will be removing at the time the order is placed, with the understanding that seized manifests, product invoices or other product documentation could be fraudulent and will require the contractor to produce testing equipment for final determination.

7.0. Place of Performance

The place of performance is as follow:

Location (1) Falfurrias Border Patrol Checkpoint

6083 S. HWY 281

Encino, Texas 78353 (13 miles south-US HWY 281 from Falfurrias, TX)

Location (2) Sarita (Kingsville) Checkpoint

1531 S. HWY 77

Sarita, Texas 78338 (14.4 miles of Sarita, TX on US HWY 77

8.0. Period of Performance

The period of performance is as follows:

- 12-Month Base Year

- Four (4) 12-Month Option Years

9.0. Security

Contractor will be required to submit the names of all employees that will be eligible to conduct the extraction services. This include full-time, part-time and any sub-contractors performing services under this contract. Contactor will utilize the “CBP Short Term Contractor Information Sheet” (Attachment 1), to identify all employees that will be eligible for deployment to the extraction locations listed in paragraph 7.0.

The Short Term Contractor Information Sheet will be filled out by the Contractor and forwarded to the Contracting Officer Representative (COR) listed in paragraph 10.2.1 for processing by SMDSECURITYSERVICESBRANCH@cbp.dhs.gov.

9.1 The Contractor will submit the completed CBP Short Term Contractor Information Sheet to the COR listed in paragraph 10.2.1 immediately after award of contract

9.2 The Contractor’s employees shall provide company issued

identification/credentials or individual driver’s license to on-duty Border Patrol Supervisor prior to start of extraction

9.3 The Contractor shall provide names of employees who quit or are dismissed after the award of the contract, to the COR in paragraph 10.2.1

9.4 Contractor vehicles shall be identifiable with the Contactor’s identification.

9.5 If the Contractor uses a subcontractor, the Contractor shall be responsible for providing the names of the subcontractor’s employees to the COR in paragraph 10.2.1 clearance prior to working on any callout.

9.6 The Contractor shall notify the COR via e-mail, no later than one work day after any personnel changes occur. This includes, but is not limited to, name changes, resignations, terminations and reassignments.

9.7 Work will not proceed until employees are formally cleared by the CBP

SMDSECURITYSERVICEBRANCH

10. Special Considerations

10.1 Disclosure of Information

10.1.1 Any information made available to the contractor by the Government or its customers shall be used only for the purpose of carrying out the provisions of this contract. This information shall not be divulged or made known in any manner to any persons except as may be necessary in the performance of the contract.

10.1.2 In the performance of this contract, the Contractor assumes responsibility for the protection of the confidentiality of government records.

10.1.3 If applicable, the Contractor will adhere to the requirements found in Part 24 of the Federal Acquisition Regulation, Protection of Privacy and Freedom of Information.

10.2 Technical Contact

10.2.1 The USBP technical contact person or COR is: Alfredo Gutierrez

(361) 375-7003 Alfredo.gutierrez@cbp.dhs.gov

10.3 Contract Type

Indefinite Delivery/Indefinite Quantity