B08_SOL_Attachment_1_SOW_Army_DEVCOM_IDIQ_1.docx

UNCLASSIFIED

STATEMENT OF WORK

US Army DEVCOM Armaments Center Facility Modernization Indefinite Delivery/Indefinite Quantity Contract

C.1. BACKGROUND: The U.S. Army Combat Capabilities Development Command (DEVCOM) Armaments Center (AC) falls under the Army Futures Command (AFC). The Armaments Center contains a diverse assortment of facilities including: energetic operations, manufacturing operations, live-fire testing operations, and collaborative engineering spaces. In addition to those facilities the center includes dozens of administrative and storage facilities typical of a DOD center. The center covers a total of hundreds of buildings and structures located at Picatinny Arsenal, NJ and a small number of buildings at Benet Labs, Watervliet, NY. Any references throughout this Statement of Work to Army Regulation (AR), Code of Federal Regulation (CFR), Department of Defense (DoD), or Occupational Safety and Health Administration (OSHA) regulations can be found at the following internet addresses:

http://www.army.mil/usapa/epubs/ http://www.dtic.mil/whs/directives/

C.2. SCOPE: DEVCOM Armaments Center requires a rapid response for facility modernization efforts which support existing facilities and create new facilities. This includes modernizing buildings / laboratory facilities and ensuring major systems are kept on-line and functioning. These projects will include minor repairs up to and including full replacement. The Contractor, as an independent contractor and not as an agent of the Government, may be required to design, repair/replace, design/build, and/or construct as described by the Statement of Work incorporated in each Task Order. The work shall be accomplished at all AC facilities located at US Army Garrison Picatinny Arsenal in Dover, NJ and Benet Labs in Watervliet, NY. The Contractor employees shall always remain under the Contractor’s direct supervision. Although the government will issue tasks and coordinate technical direction within the contract, detailed instructions for Contractor employees and supervision of individual workers shall remain the responsibility of the Contractor.

C.3. TASK ORDER REQUIREMENTS:

C.3.1. The contractor shall provide all management, plant, supervision, labor, equipment and materials necessary to perform design, construction, dismantling, demolition and/or removal of improvements under either Design, Construction, or Design-Build negotiated Firm-Fixed Price Task Orders (TOs).

C.3.2. The estimated value of this contract is not to exceed $50,000,000.00 in aggregate task order awards for a five (5) year period. It is anticipated that individual task orders will be between $2,000.00 and $11,000,000.00. Task Orders under this contract will be used for the rapid response for remediation of real property (e.g., Maintenance / repair / minor construction situations relating, but not limited to, the architectural, civil, mechanical, plumbing, fire suppression including ultra high-speed deluge, structural, electrical, HVAC, instrumentation, security and safety areas of Government facilities). Task Orders may also include all planning, programming, administration, management, design and construction necessary to complete all work described in the statement of work.

C.3.3. The Contractor shall ensure that all work provided meets the statement of work for each task order, and any special specifications included with the individual task order or included in any applicable documents (ex. building codes, laws, regulations, army documents). Depending on the complexity of the project, the Government will provide a detailed statement of work to the Contractor with the task(s) to be accomplished. The detail provided will vary from a general idea of what is required without any drawings to complete design documents. The Contractor shall use the information provided by the Government during with RFP and submit a complete proposal regardless of how much information is provided by the Government. For task orders where there are no drawings provided by the Government, the Contractor shall provide sketches to clearly show what work is included with their proposal. The Contractor shall complete all work and services under this agreement in accordance with schedules established in each task order. Submittal dates will be included in the task order. These dates identify when submittals are due to the issuing office and other POCs identified in the task order. Types and numbers of submittals and dates / places for review meetings shall be established by each task order. Contractor shall utilize lessons learned and experience on prior tasks throughout the contract to reduce design / construction costs and schedules for similar / identical projects. Example: A series of administrative buildings being renovated one at a time each year. The buildings are the same size, floorplan, and finishes but mirror image of each other. Subsequent renovations after the first in the series should have reduced design costs and schedule. Cost related to site conditions and risk for construction should be reduced after first building in the series.

C.3.4. Task Orders shall be performed at facilities on US Army Garrison Picatinny Arsenal located in Dover, NJ and Benet Labs located in Watervliet Arsenal, Watervliet, NY.

C.3.4.1. Activities Included in Task Orders

a. Task Orders: The activities to be performed by the Contractor under the Task Orders are described in general terms below (this list is not all inclusive). The specific tasks to be performed will be identified in each individual task order.

b. Reconnaissance Study: Upon request by the Contracting Officer, the contractor shall submit a reconnaissance study.

c. Repair/Replacement: Involves repair/replacement of facilities and/or equipment in accordance with a statement of work provided by the Government in the individual task orders. Two types of engineering / construction efforts may be specified under this contract. These are Type 1 and Type 2. The level of engineering/construction will be specified by the statement of work on the individual task orders.

(1) Type 1: Requires no engineering effort and a minimal level of documentation (e.g., duct cleaning, signage, inspection, floor finishes and ceiling finishes, and minor repairs or small additions existing systems or utilities etc.). For cost effective purposes, multiple buildings may be included on one task order of same or like-type projects. It is not for use for repair/renewal projects better suited to Type 2 (See below).

(2)Type 2: Requires minimal engineering effort and a minor level of documentation to define the effort proposed for the repair/renewal action. For cost effective purposes, multiple buildings may be included on one task order of same or like-type projects. This effort makes maximum use of schedules, manufacturer’s data, sketches, formal specifications, drawings, etc. and is an extension of the design for the statement of work provided by the Government in the individual task orders, while at the same time providing ample details to carry out the repair/renewal projects (e.g., in-kind equipment replacement, equipment repair, replacement of components of existing equipment). Extensions of design are items that are required to be developed by the contractor. The parameters for designing these items are site specific variables that the contractor must investigate during the construction process (e.g., fire alarm and fire suppression systems, prefabricated buildings, structural steel drawings, standing seam metal roof drawings, minor modification to HVAC, and coordination studies). All design documents provided by the contractor or designer of record will be signed and sealed or stamped in accordance with the applicable state regulations and contract terms.

C.3.5. Required Standard of Workmanship: Unless otherwise specifically provided in the contract, the quality of all services hereunder shall conform to the highest standards in the relevant profession, trade or field of endeavor. All services shall be rendered by or supervised directly by individuals fully qualified in the relevant profession, trade or field, and holding any licenses required by law. Unless otherwise specified, work under a Task Order shall meet or exceed the requirement identified by the appropriate section of the Unified Facilities Guide Specifications (these specifications can be found at https://www.wbdg.org/dod). Specific additional standards will be included in each Task Order.

C.3.6. Period of Performance: This Contract is for a Five (5) year ordering period from the effective date which is located in Block 31C of the Standard Form 1442. Upon expiration or termination of this Contract, the terms of this Contract shall continue to apply to Task Orders awarded during the effective ordering period but, not yet completed and/or paid in full. The period of performance of the individual task orders issued before the expiration of the base contract shall remain effective until completion of the individual task order.

C.3.7. Task Orders

C.3.7.1. All orders placed under this Contract will incorporate, by reference, all the clauses contained in the Base Contract. Each order shall be negotiated individually and will become a binding contract upon acceptance of an order signed by the Contracting Officer (bilateral).

C.3.7.2. Task Orders issued under this Contract will be Firm Fixed Price. Individual Task Orders may include Liquidated Damages. Performance and Payment Bonds will be required for the construction work under individual Task Orders if the Task Order amount exceeds $150,000. No work can proceed prior to receipt by the Government of properly executed Performance and Payment Bonds and issuance of a Notice to Proceed. Davis Bacon Act Wage Determinations will be issued with the request for task order proposal and resulting order and apply to all construction projects over $2,000.00. Service Contract Act pricing will be issued with request for task order proposal and resulting order for annual or Bi-annual facility maintenance activities. CADD files shall be provided in the format required by the using agency, typically Microstation (DGN), but may be AutoCADD (DWG) or other. If files are converted from one format to another all supporting files shall be included such that the end product is fully usable in the government CAD system(readable, editable, etc.) by the Government.

C.3.7.3. Each proposal shall be submitted with a sufficient breakdown in order to proceed with negotiations. All proposals should include Labor, Equipment, Materials, Profit and Overhead. Any cost element over $1,000 shall be broken down into elements under $1,000. This detail is also required for all subcontractor costs, to include design costs. Specific breakout for bond costs should be identified at prime and subcontractor levels. The contractor is responsible for all applicable clearances and or permits necessary to perform work at any location. All work shall be conducted in strict accordance with the clauses in the contract and all applicable Federal, State, and local laws, regulations, codes, or directives. All task orders to be completed under this contract shall be performed in accordance with applicable provisions of the U.S. Army Corps of Engineers Safety and Health Requirements, Manual, EM 385-1-1 (https://www.usace.army.mil/Missions/Safety-and-Occupational-Health/Safety-and-Health-Requirements-Manual/ and the Architectural and Engineering Instruction (AEI), Design Criteria, unless other criteria is provided by the Contracting Officer.

C.3.7.4. For those TO’s that are Design/Build, the contractor shall be required to provide design elements that are certified by a Professional Engineer (PE) or licensed specialist having held a license and certifying designs for the last five (5) years. For Design/Build TO’s, the approved designs will then be the basis for performing the construction portion.

C.3.7.5 Scheduling of Work: Proposed and agreed schedules for individual task orders shall take into account previously awarded work on this and other contracts that utilize contractor resources. Proposed schedules shall be submitted with pricing proposal. Project schedule shall be provided within ten (10) days after contract award agreement. The contractor shall plan and execute work with their staff and subcontracted resources to work continuously to complete project once it begins. Sequencing of multiple trades and or subcontractors will be responsibility of prime contractor. Subsequent awards of other task orders on this contract shall be planned and executed without negatively effecting previously awarded projects. Example: Contractor A bids and wins a task order with agreed schedule. Two months afterwards contractor A wins another task order. Contractor A decides to pull staff off of first project in the middle of construction to get second project started. This process delays both projects and construction sites have no activity for days or weeks which is not “continuous” and will be considered unacceptable delays in construction. Corrective Action Report (CAR) will be requested by the COR or contracting officer in this case. Task orders shall be prioritized in chronological order by award date unless contracting officer issues direction to change the prioritization of a specific task order.

C.3.7.6. Priced Task Order: A priced task order is an order which upon issuance contains agreed upon prices and a period of performance. Priced orders must be signed by both parties (bilateral).

C.3.7.7. Negotiations: If negotiations between the Government and the Contractor are required, negotiations shall be conducted at a time and place prescribed by the Government, and convenient to the Contractor. Details covered in negotiations shall include, but not necessarily be limited to:

Statement of Work Period of Performance Technical Details of the Statement of Work.

Management of Statement of Work Price Proposal Cost proposals will be broken down in additional detail if directed by COR or CO

C.3.8.Contract Clauses: The clauses set forth in this contract have been agreed upon by both parties at award of the IDIQ and will flow down to task orders.

C.4. CONTRACT REQUIREMENTS:

C.4.1. Access Hours. Normal working hours at AC are from 0700-1600, Monday through Friday. Any work requirements to be performed outside of the restricted areas will be accessible unless the installation is officially closed. The Contractor shall ensure that all work performed within secure locations are performed during the hours of 0700-1600, and not on federal holidays or when the installation is officially closed. Arrangement for any work being performed outside of normal business hours will be made in advance with COR and Garrison Security. The contractor employees must use caution and drive at posted/safe speeds so as to not endanger anyone or damage any vehicles in the parking lots, construction sites, or internal roads when performing work under this SOW.

C.4.2. Federal Holidays - Contractor shall not be required to work on the following Federal holidays when the post will be closed. When such holidays fall on a Saturday, the preceding Friday is considered a holiday. When such holidays fall on a Sunday, the following Monday is considered a holiday.

* Holidays that are not designated as a firm day may not necessarily be observed on the date shown.

C.4.3. Access to Job Site in Secure Location - For work performed in the secure location, the Contractor personnel entering the area shall, at a minimum, have a photographic security badge or have an escort with such a badge (see paragraph C.5., below). One person with a security badge may escort up to five persons, provided all remain together and within sight of the escort. Immediately after contract award, the contractor shall submit applications for their employees to the Contracting Officer Representative (COR). Forms may be obtained from COR and the Garrison Security Office. All personnel and equipment entering or leaving secure areas are subject to search and shall conform with applicable local and federal regulations.

C.4.4. Worksite Appearance and Security. The Contractor shall maintain the worksite such that debris and trash is consistently removed and properly disposed. The Contractor shall ensure this is done by daily cleanups at the end of the work shift. The Contractor shall secure their tools and materials. The Contractor shall ensure that the building's exterior doors and windows are always clear of debris to allow access to the building interior.

C.4.5. Communication. The supervising Contractor shall have a cellular phone for communication with the COR or government representative. The Contractor shall ensure that Contractor personnel do not bring cellular phones with cameras or personal electronic devices (PEDs) into the secure area.

C.4.6. Job Conditions. All work vehicles shall be registered in accordance with the installation regulations. Registered vehicles will be allowed to enter the post gate without being searched or as determined at the discretion of the gate guard. All drivers registered or not, shall be licensed, and able to furnish two forms of photo identification. Unregistered subcontractors will be searched at each entry. No illegal aliens are permitted on any military property. All contractor and subcontractor employees working on a Government facility shall be a U.S. citizen and able to provide proof of citizenship with a Certificate of Birth and a valid picture driver’s license. All contractor and subcontractor employees working on a Government facility shall submit and pass NCIC level 3 background check. If contractor or subcontractor employees fail to pass this background check the contractors will expedite replacement staff to keep scheduled work on track. There will be no exceptions for this requirement.

C.5. CONTRACTOR PERSONNEL

C.5.1. Contractor Personnel. The Contractor shall provide personnel to fulfill the requirements outlined in this SOW upon start of performance under this contract. Prior to the working on this project, the Contractor shall provide the COR with a list of employees who will be working under this contract and a list of equipment that will be used on the Picatinny Arsenal Installation. List shall be updated monthly with any changes. All Contractor personnel working under this contract shall be U.S. citizens and some personnel capable of getting and maintaining a secret clearance (this will be specified in task order, if needed). All Contractor personnel shall be able to speak, read, write, and understand English. The contractor, not the Government, is responsible for management and quality control actions to meet the terms of the contract. Contractor employees will work independently based on the SOW and not under the direction of the KO or COR or AC Government Representative.

C.5.2. Removal of Personnel. The contractor shall remove any employee from the job site for reasons of misconduct (including Sexual Harassment), for purposes of security, or any employee found to be, or suspected of being, under the influence of alcohol, drugs, or any incapacitating agent(s). The removal of a contractor employee from the job site does not alleviate the Contractor of the requirement to provide sufficient personnel to perform the services as required by this contract. If Government witness misconduct that is not addressed by contractor supervision swiftly the government may bar the individual from entering AC facilities until contractor addresses situation with COR and contracting officer.

C.5.3. Conflict of Interest. The Contractor shall not employ any person whose employment under this contract could in any way result in a conflict of interest with the Government or another Contractor effort.

C.5.4. Armaments Center (AC) or Benet Labs Unescorted Access. Unescorted access into restricted areas of AC or Benet Labs shall be granted to Contractor personnel upon receipt of a Visit Authorization Request (VAR) listing a favorably completed investigation or a security clearance. Upon termination of the Contractor employee, the Contractor shall ensure the No-Escort Badge for AC is returned to the COR.

C.5.5 AC or Benet Labs Security Badge/Camera Pass. All contractor personnel working at the AC site shall complete an IMAP Form 1199, Application for Security Badge/Camera Pass, before going to Directorate of Law Enforcement and Security Office to obtain a picture identification card. Contractor personnel will be issued a photographic security badge upon receipt of a VAR listing a favorably completed investigation or a security clearance, who shall work on-site at least 2-3 days per week; and have at least 90-days remaining on their contract. Contractor personnel shall present verification of their employment, a valid vehicle registration card, and a valid U.S. driver's license. AC regulations are clear that identification badges shall be prominently worn by all personnel at all times while on Government property. The contractor employee shall return the Security Badge/Camera Pass to the Visitor control Building, Building 1136, upon termination or contract completion.

C.5.6 Personal Appearance. The contractor shall ensure that personnel working during this performance period shall practice high standards of personal hygiene and maintain a clean, neat appearance while on duty.

C.6. SAFETY

C.6.1. Record of Accidents or Incidents. According to 29 CFR, Part 1904, AR 385-40, and ALCR 385-4, the Contractor shall report accidents resulting in injury, death, or damage to Government property, supplies, and equipment immediately to the COR or Government representative.

C.6.2. Personal Protective Equipment (PPE). Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained by the contractor in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact. The Contractor shall provide training to each employee who is required by to use PPE. Each such employee shall be trained to know at least the following: when PPE is necessary; what PPE is necessary; how to properly don, doff, adjust, and wear PPE; the limitations of the PPE; and the proper care, maintenance, useful life and disposal of the PPE as it relates to this contract statement of work.

C.6.3. The Contractor shall ensure that all Contractor personnel working on site at AC wear personal protective equipment including protective footwear, gloves, hearing protection, and safety glasses in accordance with OSHA Regulation No. 29 CFR 1910. The Contractor shall ensure that all Contractor personnel working on site at AC wear protective footwear when working in areas where there is a danger of foot injuries because of falling or rolling objects, objects piercing the sole, or in any area where feet could be injured. The Contractor shall ensure that all Contractor personnel working on site at AC wear gloves when handling rough or sharp materials or working with any material that could be potentially hazardous to the skin. The Contractor shall ensure that all Contractor personnel working on site at AC wear hearing protection when noise levels meet or exceed established 8 hr TWA (time-weighted average) exposure limits (90 dBA). The Contractor shall ensure that all Contractor personnel working on site at AC wear protective eyewear or face shields when there is a hazard or danger from flying debris/fragments/chips, dust, chemicals, intense or coherent light frequencies. The Contractor shall ensure that substitution of items relating to personal protective equipment (PPE) must meet OSHA standards for the particular application.

C.7. INTERNAL CONTROLS: The Contractor shall safeguard Government resources according to AR 11-2.

C.8. SMOKING POLICY: Department of Army policy is to provide a smoke free working environment. Smoking is permitted outside in authorized locations only. Smoking is prohibited within 50 feet of building entrances and near open windows and vents. Further compliance can be found in AR 600-63 that establishes policies governing smoking in Government facilities.

C.9. PERSONAL/CONTRACTOR-OWNED PROPERTY: The Contractor shall ensure that personal property or contractor- owned property brought on any Army installation is clearly marked to preclude misidentification as Government property. Additionally, the Contractor shall ensure that personal property or Contractor-owned property meets safety specifications as set forth by OSHA and AR 385. The Contractor shall ensure that all personal property or Contractor-owned property is removed from AC when contract services are completed.

C.10. GOVERNMENT-FURNISHED PROPERTY AND SERVICES:

C.10.1. Government-Furnished Vehicles/Equipment. None.

C.10.2. Government-Furnished Facilities. The Government shall provide outdoor space for a work trailer for any projects estimated to be more than 90 calendar days for contract completion.

C.10.3. Government Furnished Storage Area. The Government shall provide space for parking of equipment on the Government project site for any projects estimated to be more than 90 calendar days for contract completion. Negotiations between the Government and the Contractor will be held for parking of equipment on projects less than 90 calendar days in duration.

C.10.4. Fire and Police Protection. The Government will provide fire and police protection services. The emergency telephone number is "911".

C.10.5. Emergency Medical Care. The Government will provide emergency medical care for Contractor personnel injured on-the-job. Emergency care provided to Contractor personnel is billed at the established Army rate and the Contractor shall provide reimbursement to the Government.

C.11. ANTI-TERRORISM (AT)

C.11.1 AT Level 1 Training: All contractor employees, including subcontractor employees, requiring access to Department of Defense installations, facilities, or controlled access areas shall complete AT Level I awareness training within 45 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies and within 12 months prior to travel outside of the US, then annually thereafter. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee to the COR (or to the contracting officer, if a COR is not assigned) within 14 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: https://jkodirect.jten.mil/ for CAC holders (Course number “-US007”). Non-CAC-holders may go to: https://jko.jten.mil/courses/AT-level1/launch.html.

C.11.2 Access and General Protection/Security Policy and Procedures: All contractor employees, including subcontractor employees, shall comply with all installation and facility access and local security policies and procedures (provided by the Government representative), and security/emergency management exercises. The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services, or Security Office. Contractor workforce must comply with all personal identity verification requirements (CFR clause 52.204-9, Personal Identity Verification of Contract Personnel) as directed by DoD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes. During FPCONs Charlie and Delta, services/installation access may be discontinued/postponed due to higher threat. Services will resume when FPCON level and or threat is reduced to an acceptable level as determined by the Installation Commander. Contractor personnel working on an installation are required to participate in the Installation Random Antiterrorism Measures Program as directed. Contractors may be subject to and must comply with vehicle searches, wearing of ID badges, etc. Failure to comply with policies and procedures could result in barred access onto the installation.

C.11.3 iWATCH Training: The contractor and all associated subcontractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity Antiterrorism Officer). This local developed 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 45 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 60 calendar days after contract award. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee to the COR (or to the contracting officer, if a COR is not assigned) within 14 calendar days after completion of training by all employees and subcontractor personnel.

C.11.4 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.

C.11.5 Threat Awareness Reporting Program: Per AR 381-12, Threat Awareness and Reporting Program (TARP), contractor employees must receive annual TARP training by a counterintelligence (CI) agent or other trainer as specified in 2-4b. This training shall be completed within 12 months after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, and then annually thereafter. The contractor shall submit documentation of completion for each affected contractor employee and subcontractor employee to the COR (or to the contracting officer, if a COR is not assigned) within 14 calendar days after completion of training by all employees and subcontractor personnel. Training can be executed by a local CI agent, online via the Army Learning Management System at https://www.lms.army.mil (and search for TARP), or by contacting the Tri-State Resident Agency, at usarmy.pica.usacic.list.308th-picatinny-fo@army.mil and 973-724-5446.

C.12. SECURITY CONSIDERATIONS

C.12.1 Information Management Army Information Technology/IA: The Contractor shall be capable of accessing, handling, receiving, and storing UNCLASSIFIED documents, equipment, hardware, and test items, using the applicable standards of CUI information. Controlled Unclassified Information (documents designated as CUI and/or LIMITED DISTRIBUTION) shall be submitted by a controlled means using USPS mail, DoD Safe Access File Exchange (SAFE) website and/or DoD Army approved encryption software as per AR 25-1.

C.12.2 DFARS Clause 252.225-7048, Export-Controlled Items applies to this effort. All documents determined to contain export controlled technical data will be marked with the following notice:

WARNING - This document contains technical data whose export is restricted by the Arms Export Control Act (Section 2751 of Title 22, United States Code) or the Export Control Reform Act of 2018 (Chapter 58 Sections 4801-4852 of Title 50, United States Code). Violations of these export laws are subject to severe criminal penalties. Disseminate in accordance with provisions of DoD Directive 5230.25 and DoD Instruction 2040.02.

C.12.3 For contracts that require access to Classified Information / Potential Critical Program Information (PCPI)/ Critical Program Information (CPI)/ Science & Technology Protection Plan (S&TPP): All contractor employees, including subcontractor employees, shall comply with any applicable Security Classification Guides (SCG), Interim Program Protection Plan (IPPP)/ Program Protection Plan (PPP)/ or Science & Technology Protection Plan (S&TPP) as provided by the COR. The contractor shall comply with DOD and DA technology protection requirements in DODI 5200.39, DODI 5000.83, AR 70-1, AR 70-77, and DA PAM 70-3.

C.12.4 Compliance to NIST SP 800-171: Contractor employees that will require access to CUI will follow all DoD (DoDI 5200.48) and Army policies regarding access to CUI, and the handling, storage, transmission, and destruction of CUI. Contractor employees are required to complete initial CUI training (Found at: https://securityawareness.usalearning.gov/cui/index.html) within 30 days of start of performance on the contract, and then annually thereafter. All CUI must be transmitted via encrypted email channels or DoD Safe Access File Exchange (SAFE) website (https://safe.apps.mil/).

C.12.5 For Contracts That Require Development of a Contractor OPSEC Program: The contractor shall have an identified certified Level II OPSEC coordinator per AR 530-1. The contractor shall develop an OPSEC Standard Operating Procedure (SOP)/Plan within 90 calendar days of contract award, to be reviewed and approved by the responsible Government OPSEC officer through coordination of the COR. This plan will include a process to identify critical information, where it is located, who is responsible for it, how to protect it, and why it needs to be protected. Submit contractor OPSEC Plans to the COR.

C.12.6 OPSEC Program: This contract requires the application of Operations Security (OPSEC) IAW AR 530-1, and/or the local User Agency policies and programs (unclassified technology). Classified material must be handled in accordance with the 32 CFR Part 117. User Agency will provide OPSEC guidance/requirements. The contractor is not required to write an OPSEC Plan in support of this effort but must receive an Initial OPSEC Brief within 30 calendar days of reporting for duty. All contractor employees must complete annual OPSEC Level I training. (OPSEC Awareness for Military Members, DOD Employees and Contractors GS130.16) website:

https://www.cdse.edu/Training/Operations-Security/

C.12.7 For Contracts That Require OPSEC Training: Per AR 530-1 (or 32 CFR Part 117), new contractor employees, including subcontractor employees, must complete initial (Level I) OPSEC training within 30 calendar days of reporting for duty and annually thereafter provided by the appropriately designated OPSEC level II trained OPSEC Officer/Coordinator. Level I OPSEC training is available at the following website: https://www.cdse.edu/Training/Operations-Security/ (Course # GS130.16)

C.12.8 Public Release of Information: Per AR 530-1 (or 32 CFR Part 117), an OPSEC review is required prior to all public releases. All government information intended for public release by a contractor will undergo a government OPSEC review prior to release.

C.13. GOVERNMENT-CONTRACTOR RELATIONSHIPS:

C.13.1. The Government and the contractor understand and agree that the services to be delivered under this contract by the contractor to the Government are non-personal services and the parties recognize and agree that no employer-employee or will exist under the contract between the Government and the contractor and/or between the Government and the contractor’s employees. It is therefore in the best interest of the Government to afford the parties a full and complete understanding of their respective obligations.

C.13.2. Contractor personnel under this contract shall not:

C.13.2.1. be placed in a position where they are appointed or employed by a Federal Officer, or are under the supervision, direction, or evaluation of a Federal Officer, Military or Civilian.

C.13.2.2. be placed in a staff or policy making position.

C.13.2.3. be placed in a position of command, supervision, administration or control over DA Military or Civilian personnel, or personnel of other contractors, or become a part of the Government organization.

C.13.2.4. be used for the purpose of avoiding manpower ceilings or other personnel rules and regulations of DA or the Civil Service Commission.

C.13.2.5. be used in administration or supervision of military procurement activities.

C.13.3. Employee Relationships:

C.13.3.1. The services to be performed under this contract do not require the contractor or its employees to exercise personal judgment and discretion on behalf of the Government, but rather the contractor’s employees will act and exercise personal judgment and discretion on behalf of the contractor.

C.13.3.2. Rules, regulations, directions, and requirements which are issued by command authorities under their responsibility for good order, administration, and security are applicable to all personnel who enter the installation, or who travel on Government transportation. This is not to be construed or interpreted to establish any degree of Government control which is inconsistent with a non-personal services contract.

C.14. ENVIRONMENTAL REQUIREMENTS – The following subparagraphs will apply to each individual Task Order.

C.14.1. Compliance with Environmental Laws and Regulations: Contractor shall comply with all applicable federal, state, and local environmental laws, statutes, regulations, executive orders, permits, Army regulations (with supplements), as well as Major Subordinate Command (MSC) and installation regulation, and policy. Contractor shall immediately report any conflicts between applicable federal, state, local environmental laws, statutes, executive orders, and provisions of Army Regulation 200-1, and any specifications within this contract to the Contracting Officer Representative (COR).

C.14.2. Compliance with Green Procurement Requirements: Contractor shall follow Federal EPA Comprehensive Procurement guidelines (www.epa.gov/cpg) and Army Contracting Command Quick Guide (https://acc.aep.army.mil/accaps/ACCMAP/Documents/Quick-guide-for-Sustainable-Procurement.docx) for acquisition of building materials and products and select materials that have a long life cycle,; the least toxic materials; recyclable materials; materials that are resource-efficient; materials with the maximum recycled content; materials harvested on a sustained yield basis; and no products causing the least pollution during their manufacture, use or reuse.

C.14.3. Compliance with License and Certifications Requirements: Contractor shall obtain all license and certifications required by Federal, State, and Local environmental laws and regulations necessary to adhere to the specifications of this contract. Picatinny Arsenal is not considered part of State of New Jersey as a federal reservation. If out of state contractors are being utilized they can supply similar licensing for neighboring states. Example: Electrical subcontractor from Pennsylvania supplies PA electrical license instead of NJ license. The contractor shall submit all plans, notifications, reports, submittal documents, and fees required by Federal, State, and Local environmental laws and regulations to the appropriate Federal, State, and Local authority and/or agency as necessary to adhere to the specifications of this contract. All required licenses and certifications required by Federal, State, and Local environmental laws and/or regulations shall be considered a contract deliverable upon award.

C.14.4. Notification of Federal and State Regulators: Contractor shall immediately notify the COR of the arrival on site of any Federal, State, and/or DOD environmental regulator or enforcement agent and/or the receipt of any correspondence from a Federal or State environmental agency.

C.14.5. Inspections of Work Sites: Contractor shall submit to potential Federal, State, Army, and installation work site environmental regulatory inspections and/or investigations into noncompliance, and fully cooperate with such inspections/investigations by providing the appropriate records and documentation. Environmental regulatory agencies are authorized by law to inspect any work site for environmental compliance with regulatory requirements. If an inspection is conducted, it will not stop or disrupt ongoing contract activities. The inspection will only require the work site environmental officer, or supervisor/manager to answer questions and/or escort the inspector to specific work site areas with the potential to affect environmental quality.

C.14.6. Reporting Noncompliance: Contractor shall immediately report any nonconformance and/or noncompliance with applicable Federal, State, or Local environmental laws, Army and installation environmental regulations or policies to the COR.

C.14.7. Verification of National Environmental Policy Act Documents: Contractor shall obtain from the COR a copy of AMC’s National Environmental Act Policy and 32 CFR 651 which addresses actions to be taken by contractor. These documents include but are not limited to the analysis-associated decision document of an Environmental Impact Statement and Record of Decision; Environmental Assessment and Finding of No Significant Impact or Notice to Proceed; or Record of Environmental Consideration on the proposed contract actions prior to commencement of such actions.

C.14.8. Conformance with Environmental Management System: Contractor shall take the necessary actions to identify, monitor, and control those contract operations and activities that pose risk of contamination, or can negatively impact the natural and/or human environment.

C.14.9. Assignment of Environmental Compliance Designee (ECD): Contractor shall appoint an ECD for all contract work periods exceeding 180 consecutive days. Contractor shall appoint a primary and alternate ECD for each production, shop or work area that uses and/or stores hazardous materials and/or generates hazardous wastes. Contractor ECD’s shall monitor implementation of all environmental regulatory requirements, report all environmental noncompliance to the work site supervisor, correct all environmental noncompliance, and verify implementation of directed actions to correct identified environmental noncompliance. Contractor shall have at least one ECD on duty at all times at each shop or work area. Contractor shall require all personnel designated as ECDs to complete the initial ECD training through the installation or Major Subordinate Command (MSC) environmental compliance point of contact with 15 days of the start of contract performance. Contractor personnel appointed at ECDs may perform other duties provided they do not prevent the performance of ECD duties. Contractors may request a waiver of this requirement through the COR, if using and/or storing very small quantities of hazardous materials.

C.14.10. Competency Training for Contractor Personnel: Contractor shall not allow personnel to perform any activities and/or tasks on AMC installations without proper and adequate qualifications or job competency training. In the event of any identified noncompliance, the Contractor shall, if requested, provide proof of contract personnel training or qualification (individual name, training/qualification type, training/qualification certificate, and date of training/qualification) to perform those contract activities associated with the identified noncompliance. Apprentice or contract employees in training shall be supervised by contractor staff with proper training and qualifications mentioned above.

C.14.11. Generation of Solid Waste: Contractor shall remove from the installation and dispose of all solid waste generated, which cannot be recycled to an approved and permitted off-post disposal facility at contractor’s expense.

C.14.11.1. Contractor shall make every effort to divert construction, demolition debris, and all other solid waste to comply with the Army Integrated Solid Waste Management Policy.

C.14.11.2. Prior to removing any waste from the installation for disposal, the Contractor shall coordinate with the installation Qualified Recycling Program (QRP) Manager and COR to arrange for recyclable materials to be removed and diverted from the waste stream.

C.14.11.3. Submit in writing the quantities of waste removed and recycled to the COR on a monthly basis. The submittal shall include the date of disposal/recycling, the disposal/recycling facility, the types of material disposed/recycled, and the quantities of material disposed/recycled by weight.

C.14.11.4. The Contractor shall establish a program to promote cost-effective waste reduction in all operations and facilities covered by the contract. This includes collection, separation, and processing products or other materials recovered from solid waste streams for use in the form of raw materials.

C.14.11.5. The Contractor shall make maximum effort to reduce and prevent waste.

C.14.12. Generation of Hazardous Waste: Contractor shall assign all hazardous waste management responsibilities to the appointed Environmental Compliance Dept. (ECD) or Environmental Specialist (ES). Contractor shall contact the COR to obtain technical assistance from the Environmental Office for assisting the ECD / ES with achieving and maintaining compliance with hazardous waste storage and disposal requirements. Contractor shall properly profile all waste generated as part of this contract to determine if any waste is hazardous waste as defined by 40 CFR. Contractor shall accumulate hazardous waste prior to disposal of shipment in a satellite accumulation point at or near the point of generation or in a less-than-90-day site, in accordance with Federal, State, Army and installation regulation, and policy. The Contractor shall properly package the hazardous waste and complete the hazardous waste manifest, then take the manifest to the COR for approval and signature prior to removing any hazardous waste from the installation. Contractor shall contact the COR to obtain the installation’s hazardous waste EPA ID number for the hazardous waste manifest. The Contractor shall notify the COR 24 hours prior to removing any hazardous waste from the installation. The Contractor shall remove and dispose of manifested hazardous waste generated by contract activities from the installation to an approved off-post permitted hazardous waste disposal facility. The COR shall assist contractor with profiling their waste upon request.

C.14.13. Use of Hazardous Materials: Contractor shall assign all hazardous materials management responsibilities to the appointed ECD / ES. Contractor shall contact the COR to obtain technical assistance from the Environmental Office for assisting the ECD / ES with achieving and maintaining compliance with hazardous material storage, issue, use, and disposal requirements. Contractor shall submit to the COR a hazardous material inventory. The hazardous material inventory will be submitted 30 days prior to commencement of work for contracts that exceed 180 consecutive days. The inventory list will contain the hazardous material type and maximum quantities of materials anticipated to be stored on-site. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. The Contractor shall maintain copies of Safety Data Sheets for all hazardous materials used and stored on-site during performance of the contract. Contractor shall not supply or deliver any hazardous materials or chemicals to an installation that are listed on EPA toxic chemical list without prior written approval from the COR.

C.14.14.3. All Construction Activity Storm Water permits minimum control measures include, but not limited to:

· Public Education and Outreach on Storm Water Impacts

· Public Involvement and Participation

· Illicit Discharge Detection and Elimination

· Construction Site Storm Water Run-off Control

· Post Construction Storm Water Management in New Development and Redevelopment

· Pollution Prevention/Good Housekeeping for Municipal Operations Contractors will comply with the MSGP permit when the activity is identified as a permitted industrial activity. BMP’s include, but are not limited to:

· Practicing spill prevention and good housekeeping

· Installing and managing erosion and sediment…