DRAFT PWS posted with Sources Sought Notice.pdf

Annex A (Overarching Base Operations PWS) to OPORD 18-011: IMCOM Enterprise Base Operations (BASOPS) Performance Work Statement (PWS) Templates (U)

Performance Work Statement (PWS)

Cemetery Service at Schofield Barracks

1 March 2023 5 June 2023 (v6-1)

DRAFT

Table of Contents

INTRODUCTION

Background

Objectives

Climatic Conditions

1.4 Facility Access

1.5 Traffic Flow

1.6 Drainage

1.7 Restoration of Landscape Damage

1.8 Dust Suppression

2.0 REQUIREMENTS

2.1 Description of Services

2.1.1 Non-Personal Services

2.1.2 General Information

2.1.3 Place of Performance and Hours of Operation

2.1.4 Federal Holidays

2.1.5 Travel/Temporary Duty

2.1.6 Emergency Services

2.1.7 Contract Administration and Management

2.1.8 COR/ACOR Functions

2.1.9 Quality Control (QC)

2.1.10 Subcontract Management

2.1.11 Contractor Employees

2.1.12 Business Relations

2.2 Work Management

2.2.1 Coordination

2.2.2 General Fund Enterprise Business System (GFEBS)

2.3 As-Builts and Geospatial Information System (GIS)

2.3.1 Maintain As-Builts

2.3.2 Real Property Records Updates

2.3.3 GIS

2.3.4 GIS Support Services

2.3.5 GIS Files

2.3.6 Other Documents

2.4 Historic Property or Archaeological Site

2.4.1 Repair and Replacement

2.5 Special Requirements

2.5.1 Security

2.5.2 Security Training

2.5.3 Safety

2.5.4 Training, Physical Requirements, or other Expertise Required

2.5.5 Environmental Requirements

2.5.6 Contingency Plans

2.6 Job Order Contract (JOC) Quality Assurance (QA)/Inspection Support

2.6.1 Project Support

3.0 PERFORMANCE REQUIREMENTS AND STANDARDS

3.1 High Level Objectives (HLO)

3.1.1 Performance Task Requirements, Standards and Acceptable Quality Levels (AQLs)

3.2 Transition (Phase In/Phase Out)

3.3 Service Contract Reporting (SCR) in the System for Award Management (SAM)

4.0 PERFORMANCE REQUIREMENTS SUMMARY (PRS) MATRIX

4.1 Quality Assurance

4.2 Quality Control Plan (QCP)

5.0 COMMON LEVELS OF SERVICE (CLS)

6.0 DELIVERABLES

7.0 RELATED DOCUMENTS

7.1 Definitions and Acronyms

7.1.1 Definitions

7.1.2 Acronyms

7.2 Applicable Directives, Publications

7.3 Technical Exhibit (TE)

7.4 Government-Furnished Material (GFM)/Property (GFP)/Equipment (GFE)

7.4.1 Utilities

7.5 Contractor-Furnished Material (CFM)/Property (CFP)/Equipment (CFE)

7.5.1 Contractor-Furnished Material and Responsibilities

7.5.2 Contractor-Furnished Items

7.5.3. Contractor Facilities

8.0 Specific Task

8.1 Casket Burial

8.2 Urn Burial

8.3 Headstones and Markers

8.4 Service Request Work

8.5 Clean Headstones

8.6 Paintball Cannons and Bullets

Introduction. This is a non-personal services contract to provide cemetery services at Schofield Barracks (SB) Post Cemetery located on Lyman Road Schofield Barracks Island of Oahu, Hawaii. The Government will not exercise any supervision or control over the contract service providers. The Contractor shall perform to the standards specified in this Performance Work Statement (PWS). Contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. The Contractor shall provide all labor, personnel, equipment, supplies, facilities, transportation, tools, materials, parts, supervision, management and other items and non-personal services necessary as defined in this PWS.

Background. The Schofield Barracks Post Cemetery is maintained by USAG-HI.

The post cemetery consist of 6.9 acres of burial grounds, one storage shed and committal sites. Currently, there are 1,875 gravesites. The exact year of installation of the Schofield Barracks Cemetery is not known; although, it was probably established in 1909 as part of the initial development of Schofield Barracks. The earliest identifiable interment in the cemetery is dated from 1912. The cemetery contains graves of soldiers, dependents, civilian employees, Italian prisoners of war, unknowns, and executed military criminals, all of whom contribute to the Post’s history. Many of the military casualties from the Post and surrounding areas from the December 7, 1941 attack on Hawaii were initially buried at the Post cemetery. When the National Memorial Cemetery of the Pacific at Punchbowl was established in 1949, many of these service members were moved there.

Objectives. The Contractor shall ensure all work accomplished in the performance of this PWS meets all applicable Federal, State, and local laws, regulations, and directives.

The Contractor shall provide information as specified by the Deliverables presented in the contract. The Contractor shall ensure all work in support of mission requirements tendered to the Government for acceptance conform to the measurable performance standards of quality, timeliness, and quantity specified in the PWS of this contract.

The intent is to establish work requirements that are performance-based and results-oriented. The Contractor shall determine the best and most cost effective ways to fulfill the Cemetery Services emphasizing innovation and commercial best practices.

Climatic Conditions. N/A

1.4 Facility Access. N/A

1.5 Traffic Flow. The Contractor shall maintain the free flow of traffic during surfaced area maintenance. The Contractor shall notify the Contracting Officer (KO), in writing, a minimum of fourteen (14) calendar days in advance of any scheduled closure of streets.

Emergency road closures shall be coordinated with the Contracting Officer Representative (COR)

1.6 Drainage. Maintenance work performed under this contract shall not impede drainage.

1.7 Restoration of Landscape Damage. Trees or other landscape features damaged by the Contractor’s operations shall be restored at no additional cost to the Government.

The COR will decide the method of restoration for trees or whether damaged trees will be removed.

1.8 Dust Suppression. The Contractor shall perform dust suppression as directed by the COR.

2.0 Requirements.

2.1 Description of Services. The Contractor shall provide all management, tools, equipment, and labor necessary to provide cemetery services at Schofield Barracks Post Cemetery. Work requirements includes grave preparation for casket and urn burials, install/reset/re-align/clean headstones and markers, install/reset/replace flower vases, and paint/clean Cannons and Bullets. All work shall be performed in accordance with AR 210-190, DA PAM 290-5 and all applicable Federal, State and local laws and regulations. The contractor shall successfully integrate and coordinate all activities with the assigned USAG-HI Contracting Officer Representative (COR) needed to execute the requirements. .See Section 8.0 for the Specific Tasks.

2.1.1 Non-Personal Services. The personnel rendering the services are not subject;

either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees. Non-personal service contracts are authorized by the Government in accordance with (IAW) Federal Acquisition Regulation (FAR) Subpart 37.104, under general contracting authority, and do not require specific statutory authorization.

2.1.2 General Information.

2.1.2.1 Period of Performance (PoP). See contract schedule for POP dates.

2.1.3 Place of Performance and Hours of Operation.

2.1.3.1 Place of Performance. The work to be performed under this contract will be performed at the SB Post Cemetery.

2.1.3.2 Hours of Operation. The Government's regular (normal) hours are from 0700 – 1600 hours, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor shall conduct business during regular hours. However if unforeseen circumstances occur, the Contractor shall inform the Contracting Officer’s

Representative (COR) who in turn will inform the Contracting Officer (KO) to request authorization to continue to work past the hours of operation or on the weekends.

2.1.4 Federal Holidays. The Contractor’s performance shall not be required on the Federal public holidays listed below. Holidays occurring on weekends will be observed as directed by the Federal calendar (5 U.S.C. 6103).

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day Juneteenth National Independence Day

2.1.4.1 The Contractor shall provide personnel support within two (2) hours of notification outside the normal hours of operation as required, including holidays, to support the Directorate of Public Works (DPW) mission. Prior to performance of services outside the locally established hours of operation, the Contractor shall request and obtain, in writing, approval from the KO. The Program Manager shall be available after normal hours to serve as the central point of contact for Contractor operations. Contractor personnel shall not be scheduled for overtime work unless a true emergency deemed by DPW OMD Utilities Branch Chief or DPW Management Office.

2.1.4.2 Installation Closures. When an unforeseen installation closure occurs on a regular scheduled day of work, the Contractor shall:

a. Rescheduled the work to be performed the following day unless the following day is a Saturday, Sunday, a legal public holiday, and when routine work is not scheduled for that day; or

b. Reschedule the work on any day mutually satisfactory.

2.1.4.3 Inclement Weather Delay. If the Contractor determines unsafe weather conditions for continued operations, then the Contractor shall notify the COR if inclement weather suspends operations within five (5) hours. The Contractor shall resume operations with COR approval.

2.1.5 Travel/Temporary Duty. N/A

2.1.6 Emergency Services.

2.1.6.1 The Contractor or their employees shall immediately notify their supervisor of any accident requiring emergency medical treatment. The Contractor shall notify the COR immediately, not later than (NLT) two (2) hours of the incident.

2.1.6.2 The Contractor shall be responsible for the emergency medical treatment services for Contractor personnel.

2.1.7 Contract Administration and Management.

2.1.7.1 Post Award Conference/Performance Evaluation Meetings. The Contractor shall attend the post award conference convened by the contracting activity or contract administration office IAW FAR Subpart 42.5. The KO and COR will meet annually with the Contractor to review the Contractor's performance if there are personnel or performance issues. Written minutes of meetings will be recorded by the Government and signed by both the Program Manager and the KO. The written minutes will be distributed within five (5) workdays after the meeting. If the Contractor does not concur with any portion of the minutes, recorded by the Government, the non-concurrence shall be provided in writing to the KO within two (2) calendar days following receipt of the minutes.

2.1.7.2 Notwithstanding the Contractor’s responsibility for total management during the performance of this contract, the administration of the contract requires maximum coordination and cooperation between the Government and the Contractor.

2.1.7.3 The following provides the roles and their respective authority during the performance of the contract:

2.1.7.3.1 Contracting Officer (KO). The KO is the only person authorized to direct changes in any of the requirements under this contract, and, notwithstanding any provisions contained elsewhere in this contract, said authority remains solely with the KO.

In the event the Contractor makes any change at the direction of any person other than the KO, the change shall be considered to have been made without authority and solely at the risk of the Contractor. All contract administration will be effected by the KO.

Communications pertaining to contractual administrative matters shall be addressed to the KO. No changes in or deviation from the terms and conditions shall be affected, without a written modification to the contract, executed by the KO authorizing such changes. The KO will approve all submittals and plans required in this PWS.

2.1.7.3.2 Contracting Officer’s Representative (COR). The KO will appoint a COR during the performance of this contract. Additional Government personnel may be assigned to assist in contract oversight IAW AR 70-13, Management and Oversight of Service Acquisitions. The COR will provide assistance in identification and resolution of problems, conflicts in priority, subtask requirement definitions, and other operations type problems. The COR will perform IAW the responsibilities and duties identified in the appointment letter.

2.1.7.3.2.1 COR Authority. A letter of designation will be issued to the COR by the KO.

A copy of the letter will be sent to the Contractor. The letter of designation states the responsibilities and limitations of the COR, especially with regard to changes in cost, price estimates, or changes in delivery dates. The COR is not authorized to change any of the terms and conditions with regard to cost, quantity, or schedule of the resulting order.

2.1.7.3.3. The Contractor shall not in any way represent the United States (U.S.)

Government, or that it has the authority to contract or procure supplies for the account of the United States of America (USA).

2.1.8 COR/ACOR Functions. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure 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; monitor, document, and report Contractor's performance and notify both the KO and Contractor of any deficiencies; coordinate availability of Government-Furnished Property, and coordinate site entry of Contractor personnel.

2.1.9 Quality Control (QC). Quality Control is the responsibility of the Contractor. The Contractor shall provide a Quality Control Plan (QCP) five (5) business days before contract start. The Contractor shall provide and maintain a QCP that is acceptable to the KO. Changes to the Contractor’s QCP shall be submitted to the KO for review and approval within five (5) business days prior to implementation.

2.1.9.1 The Contracting Officer Representative Tracking (CORT) Tool. N/A

2.1.10 Subcontract Management. The Contractor shall submit a Subcontract Management Plan if they are going to use a Subcontractor for this contract at the time of solicitation.

2.1.11 Contractor Employees.

2.1.11.1 Key Personnel.

2.1.11.1.1 The Contractor shall provide a Program Manager who is responsible for the performance of the work. The Program Manager shall have full authority to act for the Contractor on all contract matters relating to daily operation of the contract. The name of the Program Manager shall be provided by the Contractor to the KO. The Program Manager shall be available between 0700 - 1600 hours, Monday through Friday except Federal holidays or when the Government facility is closed for administrative reasons.

The Program Manager and any individuals designated as key personnel shall be able to understand, speak, read, and write the English language.

2.1.11.1.2 N/A

2.1.11.1.3 All Contractor employees shall be legal U.S. residents. The Contractor shall immediately remove any employee that is not a legal U.S. resident. The Contractor personnel shall be able to communicate clearly in the English language. The Contractor shall ensure employees are capable of obtaining installation access.

2.1.11.1.4 Qualification Standards. The Contractor shall accomplish the assigned work by employing and utilizing qualified personnel with the appropriate combinations of education, training, and experience. The contractor shall match a minimum of under/over employment resources. The contractor shall ensure the labor categories as defined in the Labor Categories document, labor rates, and man-hours utilized in the performance of each Task Order (PWS line item) issued hereunder will be the minimum necessary to accomplish the task. The Contractor shall provide the necessary resources and infrastructure to manage, perform, and administer the contract.

2.1.11.1.5 Contractor Identification. The Contractor shall ensure all personnel be identified as a Contractor to distinguish themselves (e.g., badge, company logo, or uniform) from Government employees. The Contractor shall ensure all correspondence and reports produced are marked as Contractor products or that Contractor participation is disclosed.

2.1.11.1.6 Standards of Conduct. The Contractor personnel’s conduct shall not reflect discredit upon the Government. The Contractor shall ensure all personnel present a professional appearance while working on the Government installation. The Contractor’s employees shall observe and comply with all local policies and procedures concerning fire, safety, environmental protection, sanitation, security, and possession of firearms or other lethal or illegal weapons or substance. The Contractor shall ensure all Contractor employees, providing services under this contract, conduct themselves and perform services in a professional, safe, and responsible manner. The Contractor shall remove, from the job site, any employee for reasons of misconduct or security. The Contractor shall ensure employee conduct complies with 41 USC 423, Procurement Integrity. The Contractor shall also ensure that no Contractor employees conduct political related activities or events on the installation.

2.1.11.1.7 Contractor Hiring Restrictions. The Contractor shall not hire or sub-contract with off duty or former Government employees whose employment would result in a conflict with AR 600-50, Standards of Conduct.

2.1.11.1.8 Organizational Conflict of Interest (OCI). N/A

2.1.12 Business Relations. The Contractor shall successfully integrate and coordinate all activity needed to execute the requirement of this PWS. The Contractor shall manage the timeliness, completeness, and quality of problem identification to a degree acceptable to the Government. The Contractor shall provide to the COR and KO corrective action plans, timely identification of issues, and effective management of subcontractors within ten (10) days or at a mutually agreed upon date. The Contractor shall ensure customer satisfaction and professional and ethical behavior of all Contractor personnel.

2.2 Work Management.

2.2.1 Coordination. The Contractor shall schedule and coordinate with the COR to minimize disruptions to the facility mission.

2.2.2 General Fund Enterprise Business System (GFEBS). N/A

2.2.2.1 GFEBS Certification. N/A

2.2.2.2 Preventive Maintenance Orders (PMO). N/A

2.2.2.3 Operations Work Orders (OWO). N/A

2.2.2.4 GFEBS Support. All Demand Maintenance Orders (DMO). N/A

2.2.2.4.1 Database Tasks/Requirements. N/A

2.3 As-Builts and Geospatial Information System (GIS). N/A

2.3.1 Maintain As-Builts. N/A

2.3.1.1 Support. N/A

2.3.1.2 Training. N/A

2.3.2 Real Property Records Updates. N/A

2.3.3 GIS. N/A

2.3.4 GIS Support Services. N/A

2.3.5 GIS Files. N/A

2.3.6 Other Documents. N/A

2.4 Historic Property or Archaeological Site. N/A

2.4.1 Repair and Replacement. N/A

2.5 Special Requirements.

2.5.1 Security.

2.5.1.1 Access and General Protection/Security Policy and Procedures. The Contractor and all associated subcontractors’ employees shall comply with applicable installation, facility, and local security policies and procedures. The Contractor workforce shall comply with all personal identity verification (PIV) requirements as directed by Department of Defense (DOD), Headquarters Department of the Army (HQDA), and local policy. The

COR will request changes in Contractor security matters or processes if the Force Protection Condition (FPCON) at any individual facility or installation changes.

2.5.1.2 Motor Vehicle Operators. Contractor’s personnel, whose tasks involve operation of any vehicles, shall possess a valid driver’s license, certificates, and permits applicable for the type and class of vehicle being operated.

2.5.1.3 Contractor Vehicle Registration. The Contractor shall register all Contractor-owned or operated vehicles and trailers operating on the installation within five (5) working days of contract start date. The Contractor shall complete all applications with the Provost Marshal Vehicle Registration section located at the Leilehua Golf Course. Evidence of vehicle ownership and vehicle liability insurance must be presented upon application of vehicle registration.

2.5.1.4 The Contractor shall provide all information required for background checks to meet installation access requirements, to be accomplished by the installation Provost Marshall Office, Director of Emergency Services, or Security Office.

2.5.1.4.1 ACCESS TO ARMY INSTALLATIONS – PERSONNEL AND VEHICLES

The Contractor, sub-contractors, suppliers and service providers shall use the Automated Installation Entry (AIE) Program to provide access to USAG-Hawaii for their personnel who are not authorized to receive a Department of Defense CAC. Sponsorship and participation at each USAG-Hawaii location (e.g., Schofield Barracks, Wheeler Army Airfield, Fort Shafter, Tripler Army Medical Center, Pililaau Army Recreation Center and Pohakuloa Training Area) is required.

AIE Credential holders may access the installation through any of the USAG-Hawaii gates that size allows and will only be subject to random inspections.

Companies that choose not to participate in the AIE Program will have limited access through the Schofield Barracks Lyman Gate, Fort Shafter’s Buckner Gate and Tripler Army Medical Center Main Gate. All employees will be required to go through the inspection area and will be subject to the standard access control procedures, security screenings, and/or vehicle inspections.

*Access control changes can occur at any time due to security requirements.

Companies that service USAG-Hawaii facilities may initiate enrollment in the AIE Program by contacting the Contracting Officer’s Representative (COR).

For questions regarding the AIE Program at USAG-Hawaii, please contact Security Branch Operations, at 808-656-0232.

AIE Program Enrollment Process for Background Check and Process to obtain AIE Badge.

Perform enrollment by contacting the COR who will be the Sponsor. The COR will provide the excel spreadsheet for the list of contractor employee information. The following information is required from the contractor: last name, first name, date of birth, status, social security number, company name, and contract number. The COR will complete the Sponsor information and provide the list to the Directorate of Emergency Services (DES) Access Control Division. The DES will conduct the background check to vet personnel prior to arrival to pick up their AIE Badge, and will ensure a more efficient process while saving time.

The AIE Program performs background screening and credentialing.

DES will contact the COR (Sponsor) once the background checks have been validated to schedule a time for the contractor employees to go to one of the registration locations and complete the process to obtain the AIE Badge.

Contractor employees should bring an acceptable form of identification (see List A and List B) to the appointment. Upon arrival, a photo will be taken to complete the process.

Employees will be issued an AIE Badge for access to the installation.

Forms of Acceptable Identification:

List A - One (1) needed U.S. Passport (unexpired) Permanent Resident Card or Alien Registration Receipt Card (Form I-551) Unexpired foreign passport, with I-551 stamp or attached Form I-94 indicating unexpired employment authorization Unexpired Employment Authorization Document that contains a photograph (Form I- 766, I-688, I688A, I-688B)

List B – Two (2) needed Driver’s license or ID card issued by a state ID Card issued by federal, state or local government agencies or entities School ID card with a photograph Voter’s registration card U.S. Military card or draft record Military Dependent’s ID card U.S. Coast Guard Merchant Mariner Card

Native American tribal document Driver’s license issued by a Canadian government authority U.S. Social Security card issued by the Social Security Administration Certification of Birth Abroad issued by the Department of State (Form FS-545 or Form DS-1350) Original or certified copy of a birth certificate issued by a state, county, municipal authority or outlying possession of the United States bearing an official seal U.S. Citizen ID Card (Form I-197) ID Card for use of Resident Citizen in the United States (Form I-179) Unexpired employment authorization document issued by DHS (other than those listed under List A)

2.5.1.5 Physical Security. N/A

2.5.2 Security Training.

2.5.2.1 iWATCH Training. The Contractor and all associated sub-Contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). 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. Training standards will be provided by the COR within 5 calendar days of contract award. Contractor personnel are to train all personnel within 30 days of award or within 30 days of a hiring action. Contractors are to report training to the COR within 30 days of contract award or a hiring action.

IWATCH within the Army is a nation-wide modern version of a neighborhood watch program focused on the threat of terrorist activity. It is an antiterrorism awareness program that the contractor’s workforce while on Army installations must all be familiar with to promote and enhance reporting suspicious activity or behavior. The program has two elements: “passive” and “active.” The passive element is an individual’s situational awareness of his or her surroundings. The active element of iWatch involves individuals taking action to report suspicious behavior or activities to law enforcement for more investigation.

2.5.2.2 OPSEC Training. Per AR 530-1 Operations Security, the contractor employees must complete Level I OPSEC Awareness training. New employees must be trained within thirty (30) calendar days of their reporting for duty and annually thereafter.

2.5.2.3 DOD LEVEL I ANTITERRORISM (AT) STANDARDS

Pursuant to Department of Defense Instruction Number 2000, “DoD Antiterrorism (AT) Standards,” dated October 2, 2006, each Contractor employee requiring access to a Federally-controlled installation, facility and/or Federally-controlled information system(s) shall complete Level I AT Awareness Training on an annual basis and receive a certificate of completion.

Standard Contract Language Provision/Contract Clause Applicability and/or additional SOW language. Detailed information on each of these items are stated below.

Applicable items to this contract action are indicated below.

AT Level I Training. All contractor employees, to include subcontractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training within thirty (30) calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable and 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 five (5) calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: http://jko.jten.mil

2.5.3 Safety. The Contractor shall safeguard and maintain all Government and Contractor property, as well as provide for the safety and well-being of personnel employed under this contract. The Contractor shall comply with AR 385-10, The Army Safety Program.

2.5.3.1 Safety Plan. The Contractor shall develop and implement a safety program for its employees. The Contractor shall submit the Safety Plan to the KO for review and acceptance within ten (10) days of commencement of work. Revisions shall be submitted five (5) calendar days prior to the effective date of change.

2.5.3.2 Occupational Safety and Health. Occupational Safety and Health. The Contractor shall comply with the Occupational Safety and Health Administration (OSHA) standards. The Contractor shall comply with all applicable Federal, State, and local laws, regulations, and directives.

2.5.3.3 SAFETY REQUIREMENTS

(a) The Contractor shall implement a safety program conforming to the requirements of Federal, State and Local laws, rules and regulations. The program shall include, but is not limited to, the following, as applicable:

(1) U.S. Department of Labor Occupational Safety and Health Standards, at:

http://www.osha.gov/pls/oshaweb/owastand.display_standard_group?p_toc_level=1&p_ part_number=1910

(2) U.S. Army Corps of Engineers, Safety and Health Requirements Manual Engineering Manual 385-1-1, 15 SEP 08, " at http://www.mvs.usace.army.mil/safety/2008_EM385_1_1FINAL.pdf

(3) Unified Facilities Criteria, Fire Protection Engineering for Facilities, UC 3-600-01, 14 Jul 09, at http://www.wbdg.org/ccb/DOD/UFC/ufc_3_600_01.pdf

(4) Air Force Instruction 32-2001, Fire Emergency Services Program, 10 Nov 10, at http://www.e-publishing.af.mil/shared/media/epubs/AFI32-2001.pdf.

(b) The contractor must submit a safety plan and job hazard analysis in accordance with EM 385-1-1, 15 SEPT 08, for all construction projects. The safety plan shall be submitted within (30) days of award or (7) working days prior to commencement of on-site work, whichever occurs first.

(c) For service, supply, and research and development contracting actions. Compliance with this manual shall be a contract requirement for such activities unless technical representatives (in coordination with safety and health professionals) advise that special precautions are not appropriate due to extremely limited scope of services or similar.

However, it is understood that this manual in its entirety may be too complex for the type of work being performed under these contracts. These contractors may reference Appendix A, paragraph (11) of Health Requirements Manual Engineering Manual 385-1- 1, 15 SEP 08, " at http://www.mvs.usace.army.mil/safety/2008_EM385_1_1FINAL.pdf for limited scope Accident Prevention Plan (APP).

2.5.3.4 ACCIDENT PREVENTION AND SAFETY REQUIREMENTS

(a) The contractor is responsible for implementing standard commercial practices for accident prevention and safety practices and compliance with para. b of this clause when performing the requirements stipulated in the statement of work or performance work statement of this contract. Therefore, upon commencement of work, the Contractor shall initiate an accident prevention and safety program applicable to the work to be performed under this contract. Further, the Contractor shall conduct a safety orientation for all employees immediately following their employment under this contract. The Contractor shall provide all occupational health services to his employees. Contractor employees shall be instructed to notify the Contractor's Project Manager of potential or existing occupational health hazards that require attention.

(b) The Contractor shall comply with the requirements of the Department of Labor Occupational Safety and Health Act (OSHA) and the Hawaii Occupational Safety and

Health Law as administered by the Division of Occupational Safety and Health, Department of Labor and Industrial Relations, State of Hawaii.

(c) Government emergency vehicles and medical personnel may be used in emergency situations affecting Contractor personnel whose life may be in danger. Government facilities may be used in these instances as the first point of treatment. Transfer to other than Government medical treatment facilities shall be affected as soon as possible and as determined by attending medical authorities. Contractor employees and not the Government will bear all medical expenses.

(d) The Federal OSHA (Public Law 91-596) requires the reporting of all occupational injuries and illnesses. This OSHA requirement applies to all Contractors as well as subcontractor personnel.

(1) When required, the Government will prepare for the Contractor DD Form 689, Individual Sick Slip (in trip) for presentation to the medical treatment facility.

(2) DA Form 285, "United States Army Accident Investigation Report" be furnished by the Government, will be utilized by the Contractor to report all occupational injuries and illnesses whether there is lost time or no lost time, in accordance with Army Regulations 385-40.

(3) The Contracting Officer’s Representative of the Contracting Officer or his authorized representative will investigate the accident and complete DA Form 285 within seven (7) calendar days, and forward the original and two (2) copies of the form through the Contracting Office to the Installation Safety Officer.

2.5.4 Training, Physical Requirements, or other Expertise Required.

2.5.4.1 The Contractor shall ensure all Contractor’s employees and associated subcontractors are certified or licensed in the specific areas required by the State of Hawaii. The Contractor shall ensure employees are certified or licensed in the appropriate Environmental Protection Agency (EPA) areas required. The Contractor shall ensure all required documentation of certification or licensure for Contractor personnel are filed with the COR within twenty-four (24) hours prior to employees commencing performance.

2.5.5 Environmental Requirements.

2.5.5.1 Green Procurement. Section 6002 of the Resource Conservation and Recovery Act of 1976 (RCRA) requires the use of recycled and recovered products identified in the EPA’s Comprehensive Procurement Guidelines.

2.5.5.2 The Contractor shall use these recycled or recovered products unless they cannot be procured within a reasonable period of time not to exceed seven (7) calendar days; at prices not to exceed five (5) percent of prevailing rates; or the product(s) does not meet technical or performance standards. EPA Guidelines are the minimum requirement. The Contractor shall use materials and products commonly used in industry. The Contractor shall maintain records and submit an annual report to the COR, along with the annual certification required by FAR 52.223-9 (Certification and Estimate of Percentage of Recovered Material Content for EPA Designated Items), upon completion of the base year and each option year.

2.5.5.3 Environmental Compliance. The Contractor shall comply with all Federal, State, local, and installation environmental laws, rules, plans, and policies. The Contractor shall use and store all materials, chemicals, and equipment used in the performance of services on the installation IAW with industry standards, local, State and Federal laws, and according to manufactures' recommendations. The Contractor shall be financially responsible for all fines and associated costs for hazardous waste management, transportation, and disposal of waste due to the Contractor's non-compliance. The Contractor shall submit Safety Data Sheets (SDS) for approval on all materials, five (5) days before delivery of the material, to the COR. The Contractor shall provide upon request from the COR all required data to meet environmental-mandated reporting requirements (e.g., air emission data, hazardous material storage/usage, herbicide/pesticide usage, solid/hazardous waste generation). The Contractor shall provide data to meet reporting deadlines and during compliance inspections upon request from the COR.

2.5.5.4 Spill Plan. The Contractor shall notify the COR within one (1) hour, if the Contractor spills or releases any hazardous substances, i.e., substances listed in 40 CFR 302, Designation, Reportable Quantities, and Notification. The Contractor shall submit a Spill Plan to the KO for approval within thirty (30) days of contract award IAW Spill Prevention Control and Countermeasure Plan.

2.5.5.5 General Environmental Standards.

(a) While performing work on any US Army Garrison, Hawaii (USAG-HI) installations, the Contractor will comply with Executive Orders 13423 “Strengthening Federal Environmental, Energy, and Transportation Management” signed by the President on 24 Jan 2007 and 13514, “Federal Leadership in Environmental, Energy, and Economic Performance” signed by the President on 8 Oct 2009 requiring the acquisition of environmentally preferable goods and services, use of sustainable environmental practices, purchase of bio based, energy efficient and recycled content products. More specifically, the Contractor will strive to improve upon their sustainability performance by taking actions to:

(1) Reduce energy consumption

(2) Reduce greenhouse gas emissions

(3) Conserve and protect water resources

(4) Eliminate waste, recycle, and prevent pollution

(5) Adopt sustainable technologies

(6) Procure environmentally preferable materials, products and services

(7) Maintain sustainable buildings

(8) Strengthen livability of the local community

(9) Inform and involve personnel in the achievement of these goals

(b) The Contractor shall comply with the Government directives, permit conditions, installation policies and plans as administered by the Government. The Contractor will be held liable to pay for any environmental fines resulting from his operations, waste generated or other operational environmental requirements. As applicable, the Contractor will obtain environmental permits required for wastewater pretreatment, underground tanks, hazardous waste identification numbers, air pollution permits for temporary sources, storm water permits or other operational environmental permits.

(c) The Contractor will review and comply with applicable policies, program documents and regulatory requirements as stipulated under each environmental program media below.

(1) Environmental program documents include, but are not limited to: the Installation Hazardous Waste Management Plan – USAG-HI Regulation 200-4, Asbestos Management Plan, Lead-based Paint Management Plan, Installation Spill Prevention Control, and Countermeasures (SPCC) Plan, Integrated Natural Resources Management Plan, Integrated Cultural Resources Management Plan, Pollution Prevention Plan, and the Storm Water Pollution Prevention Plan available at the DPW Environmental Division.

Environmental program documents can be downloaded from the installation sustainability and environmental management website at:

https://home.army.mil/hawaii/index.php/garrison/dpw/environmental-division

(2) Installation policies include, but are not limited to; the Environmental Compliance and Protection Program Policy Memorandum USAG-HI-4; Environmental Policy Memorandum USAG-HI-10; Authorized Use List Policy Memorandum USAG-HI-19, Waste Reduction and Recycling Policy Memorandum USAG-HI-25; Open Burn Policy Memorandum USAG-HI-51; Generator Control Policy Memorandum USAG-HI-55; Illicit Discharge Detection and Elimination Policy Memorandum USAG-HI-59; and the Joint USARPAC and IMCOM-Pacific Energy Conservation Policy Guidance. Installation Policy Memorandums are available for download at:

https://home.army.mil/hawaii/index.php/about/command-pubs

(3) The Contractor is also encouraged to view the online A to Z sustainability and environmental management guide for instructions on managing common environmental issues. The A to Z sustainability and environmental management guide is available at:

https://home.army.mil/hawaii/index.php/garrison/dpw/environmental-division

(d) The Contractor shall at all times keep the work area, including storage areas used by him, free from accumulations of waste material or rubbish and prior to completion of the work remove any rubbish from the premises and all tools, scaffolding, equipment and materials not the property of the Government. Upon completion of the work, the Contractor shall leave the work and premises in a clean, neat and workmanlike condition satisfactory to the Contracting Officer. If debris is not disposed of properly or the site is not left clean, the Government will clean the site at the expense of the Contractor. The Contractor will also be held liable for damages done to the environment as a result of disposal and/or cleanup.

(e) The Contractor may be subject to unannounced Environmental Compliance Inspections by the DPW Environmental Division.

(f) Environmental and Safety Noncompliance Fees. The Contractor shall be solely responsible for remedying all Federal, State and local environmental and safety violations or noncompliance and any payment of fines, penalties and fees levied as a result of the violations or noncompliance. The Government reserves the right to withhold payment in the amount of the fines, penalties and fees levied if not paid by the Contractor.

2.5.5.6 EMERGENCY PLANNING COMMUNITY RIGHT TO KNOW ACT (EPCRA)

HAZARDOUS SUBSTANCES (HS)

(a) Contractors using EPCRA HS in the performance of any work while on USAG-HI installations are responsible for complying with the provisions of EPCRA regulations and submitting applicable reports (TIER II/TRI) to Federal and State regulatory agencies as applicable.

(b) Copies of reports for substances used in connection with work performed on USAG- HI installations shall be provided to the DPW Environmental Division, Attention: EPCRA Program Manager, STOP 253, 3rd Floor, 948 Santos Dumont Ave., Wheeler Army Airfield, phone 656-2878.

(c) Chemicals regulated under EPCRA HS are defined in EPA document EPA 550-B-98- 017, Title III List of List, Consolidated List of Chemicals Subject to the Emergency Planning and Community Right to Know Act and Section 112(r) of the Clean Air Act Amended.

(d) The contractor is responsible for knowing which chemicals it uses or transports that are contained on the list.

(e) The contractor must maintain copies of Material Safety Data Sheets (MSDS’s) of all chemicals used in the performance of any work while on USAG-HI installations. MSDSs must be readily available at the site location where the work is being performed.

(f) The contractor can request the list and locations of EPCRA HS currently utilized on USAG-HI installations by contacting the DPW Environmental Division EPCRA Program Manager. The contractor must provide name, company, contract number, date the contract was awarded and provide a description of the contract. A database of locations of chemicals will then be forwarded upon review and approval of request. Contractors working on USAG-HI installations are encouraged to review this database, which will provide information where potentially hazardous chemicals are stored.

g) All spills of substances containing EPCRA HS will be immediately reported to the Directorate of Public Works Spill Response line at 656-1111 and the USAG-HI, Public Affairs Office at 656-3160 or 542-9489 (after hours). The Contracting Officer must be notified during the first business hour immediately after. All waste generated from EPCRA HS being utilized will be immediately reported to the DPW Environmental Office, phone:

656-2878.

(h) All Contractors utilizing substances containing EPCRA HS will perform the following prior to contract start.

(1) Review the Installation Spill Prevention, Control, and Countermeasures (SPCC) Plan and the Installation Hazardous Waste Management Plan – USAG-HI Regulation 200-4 available at the DPW Environmental Division or from the from the installation sustainability and environmental management website at:

https://home.army.mil/hawaii/index.php/garrison/dpw/environmental-division . Upon review, the contractor or designated responsible employee shall sign a certification statement that they have reviewed and understand the contents of these documents.

(2) Provide a listing and MSDS copies of oil and Hazardous Substance (HS) products projected to be utilized in the performance of any work while on USAG-HI installations to the DPW Environmental Division. The estimated average and maximum quantities of each material anticipated to be on-site at any given time shall also be provided to the DPW Environmental Division EPCRA Program Manager, STOP 253, 3rd Floor, 948 Santos Dumont Ave., Wheeler Army Airfield, phone 656-2878 and to building 6040 East Range for material to be bar-coded. The contractor must ensure the product listing is current and updated as frequently as necessary and/or at a minimum, on an annual basis by (1) January of each year.

(3) Provide the name, office phone number, and cellular phone number of a company spill response point of contact. The point of contact must be trained in spill response.

(4) Provide a copy of an agreement with a hazardous materials spill response company in the event of a spill.

(5) Provide copies of employees training certificates on environmental and spill response training.

(6) Appoint a primary and alternate Environmental Compliance Officer in writing.

(7) Develop a notification procedure in the event of a spill to include phone numbers of response personnel, support agencies, National Response Center, State Hazard Evaluation Emergency Response Office and Civil Defense.

(8) Accomplish all spill notifications as required by the U.S. Environmental Protection Agency and State of Hawaii to the Hazard Evaluation Emergency Response Office, Local Emergency Response Commission and National Response Center. Copies of written spill notifications shall be provided to the DPW Environmental Division.

(9) All spills caused by the contractor will be cleaned up under supervision of the contractor and a qualified hazardous materials spill response company, at no cost to the government, in accordance with all applicable laws and regulations and to the satisfaction of the DPW Environmental Division.

(10) The contractor shall pay for disposal cost of all contaminated materials to include but not limited to soil, sorbent materials, disposable equipment and other materials contaminated by the spill. Ensure all disposals are in accordance with all applicable laws and regulations at authorized disposal facilities.

2.5.5.7 SPILLS OF PETROLEUM/OIL/LUBRICANTS OR HAZARDOUS

MATERIALS/HAZARDOUS WASTE

(a) The contractor will prepare and maintain a site-specific spill plan, including notification procedures for spills/releases. The spill plan will include phone numbers of response personnel, support agencies, National Response Center, State Hazard Evaluation Emergency Response Office and Civil Defense. The contractor will provide a copy of the spill plan to DPW Environmental Division upon request.

(b) The contractor shall provide immediate response to stop, contain, and clean-up all spills of oil and other hazardous substances that result from his performance under this contract.

(c) The contractor must report all spills immediately to the DPW Spill Response line at

(808) 656-1111 in accordance with the Installation SPCC Plan. Additionally, the contractor shall notify the COR of the incident during normal business hour or the first business hour following the incident.

(d) The contractor will accomplish all spill notifications and written spill reports as required by the U.S. Environmental Protection Agency, State of Hawaii Hazardous Evaluation Response Office, Local Emergency Planning Commission and National Response Center, in accordance with applicable laws and regulations.

(e) The contractor will provide a copy of spill notifications and written reports to the DPW Environmental Division.

(f) All spills caused by the Contractor will be cleaned up under the supervision of the Contractor and/or a qualified hazardous waste/materials spill response company, at no cost to the USAG-HI, in accordance with all applicable laws and regulations and to the satisfaction of the DPW Environmental Division. If cleanup is not accomplished in a timely fashion, or to the satisfaction of the DPW Environmental Division, the Government will assist with the final cleanup, and the Contractor will provide appropriate reimbursement of cleanup costs.

(g) The contractor will pay for all clean up, management, and disposal cost of all contaminated materials to include but not limited to soil, sorbent materials, disposable equipment and other materials contaminated by the spill. The contractor will ensure waste disposal is accomplished in accordance with all applicable laws and regulations and at an authorized/permitted treatment and disposal facilities.

(h) The contractor will pay any fines or penalty charges associated with a citation issued by federal, state or local officials as a result of the accident.

(i) Contractors handling bulk fuel must be trained to do so, and mobile fuel operations must be approved by the DPW Environmental Division.

(j) Off-Post Spills. The contractor shall be responsible for and pay for cleanup of off-post spills in accordance with directions received from appropriate local authorities (e.g., Honolulu Fire Department, State Civil Defense, etc.). Off-post spills in connection with work performed under this contract shall also be reported to the DPW Spill Response line at (808) 656-1111 and the COR.

(k) Discovery of other than contractor-caused spills. The contractor shall report any spills of hazardous materials to the DPW Spill Response line at (808) 656-1111 and the COR upon discovery.

2.5.5.8 HAZARDOUS WASTE (HW) and NON-REGULATED WASTE (NRW).

(a) The Contractor will comply with the Environmental Compliance and Protection Program Policy Memorandum USAG-HI-4.

(b) The Contractor will determine, based on generation of hazardous waste(s) resulting from their operation/activities their respective hazardous waste generator status. The contractor is responsible to manage HW and NRW generated on-site from inception to disposal in accordance with all applicable, federal, state, and local regulations. All costs associated with disposal are borne by the Contractor.

2.5.5.9 RECYCLING PROGRAM

(a) The contractor will comply with USAG-HI Policy…