DRAFT PWS Rail Maintenance.pdf

PERFORMANCE WORK STATEMENT

RAIL MAINTENANCE SERVICES

1.0 GENERAL INFORMATION. The Military Surface Deployment and Distribution Command (SDDC), 834th Transportation Battalion, Military Ocean Terminal Concord (MOTCO) owns approximately 43 miles of railroad track within the installation complex and five locomotives.

The Contractor shall provide management, tools, supplies, equipment, labor and other items necessary to perform railroad inspection, preventive maintenance, vegetation control, and produce reports as defined within this Performance Work Statement. The main objectives of this contract are to ensure the MOTCO railroad system remains in a safe and reliable operating condition.

1.1 General Requirements. The Contractor shall fully comply with the most recent and current federal, state, and local laws and regulations, U.S. Army directives and instructions as outlined in Section 20, and other documents set forth in this PWS. Acquisition of DOD and Service publications is the responsibility of the Contractor.

1.1.1 Contractor Provisions. It is a mandatory requirement that the Contractor shall comply with all Government regulations applicable to the service function performed under this contract at the U.S. Army Military Ocean Terminal, Concord. Questions pertaining to any part of the rules and regulations should be immediately directed to the Contracting Officer (KO) and the Contractor shall immediately comply with the Government’s response to any such question. The KO is the authority of this contract. The KO Representative (COR) is the MOTCO representative for the contract. The Contractor may not take direction from any other Government personnel in regard to this contract. The Government will not be liable, financially or otherwise, if the Contractor acts without the consent of the KO or COR. The Contractor shall; however, comply with the direction of Quality Assurance Specialist Ammunition Surveillance (QASAS) or Safety personnel if they are ordered to stop work. Any disagreement or cause of delay as a result shall be brought to the attention of the COR with the final decision determined by the KO.

1.1.2 Mission and Installation Specific Regulations and Policies. In the performance of this contract, the Contractor is forewarned to pay special attention to the unique mission of MOTCO as it relates to, but is not limited to, fire prevention and response, ammunition safety, security, sanitation, possession of drugs and firearms or other lethal weapons. The Contractor shall provide labor, material and supervision to support MOTCO’s Mission Operations. These requirements will be identified by the COR at least fourteen days in advance of the estimated start of the mission operations and will contain an estimated length of operations. Contractor may be required to adjust duty hours; the contractor must have adequate resources available to support the mission.

1.1.3 Technical Data, Processes and Inventions. All hardware, software, technologies, processes, algorithms, and techniques that are developed or provided under this PWS are the sole property of the Government. The Contractor shall not use, disclose, transfer, convert, or otherwise appropriate any technical data, processes or inventions developed during performance of this PWS, unless written permission from the KO is obtained.

1.1.3.1 Data Rights. The Government has unlimited rights to all documents/material produced under this contract. All documents and materials produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the KO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.2 Personnel Requirements. The Contractor shall furnish fully trained managerial, supervisory, technical, administrative, clerical, and direct labor personnel, sufficient in number and qualifications to accomplish all work. All Contractor personnel utilized in performance of the contract shall be legal residents of the United States. Personnel shall be able to speak, read, write and understand the English language especially including unique technical terminology required for the performance of these duties and functions. Contractor personnel shall obtain and maintain in good standing all certifications, inspections, and licenses necessary or appropriate to perform all work contained in this PWS. The Contractor shall maintain the training skills and qualifications of all personnel throughout the award period.

Contractor personnel shall have a current, valid driver’s licenses from their state of residency.

Contractor personnel operating heavy equipment must have current licenses verifying their qualifications as a heavy equipment operator. The Contractor shall provide personnel to perform the contract requirements within specified time frame required by the contract and shall meet all variations, shift schedules and changes as may be required to respond to the requirements of the contract. All persons performing under the contract shall remain employees of the Contractor and not of the Government. The Government has the right to restrict employment under the contract of any contractor employee, or prospective contractor employee, who is identified by the KO as a potential threat to the health, safety, security, general well-being or operational mission of the installation and its population. All Contractor employees performing work under the contract shall be physically able to do their assigned work. The Contractor shall not allow any employee(s) to perform any work who is under the influence of alcohol or is incapacitated by restricted substances. The KO may require the Contractor to remove from the job site any employee for misconduct or security reasons. The removal from the job site of such person shall not relieve the Contractor of the requirement to perform adequate and timely service. The Contractor shall cooperate with other contractors and Government personnel performing work at MOTCO. The Contractor shall avoid interfering with the performance of work by other contractors or Government employees while not compromising health, safety, or security. The Contractor shall comply with the direction of the QASAS or Safety personnel. Any disagreement or cause of delay shall be brought to the attention of the COR.

1.2.1 English Language Requirement. All contractor personnel shall read, understand, speak, and write English fluently.

1.2.2 Track Inspector Qualifications. The Contractor shall provide a qualified track inspector.

At a minimum, all personnel providing track inspector services shall be qualified IAW Federal Railroad Administration (FRA) standards. Additionally, the Contractor’s inspection personnel will be required to attain US Army qualifications per AR 420-1 Appendix L within one year.

1.2.3 Employee Training. The Contractor’s employees shall be trained and competent to protect themselves, other employees, property, and equipment used on the installation from the effects of hazardous materials. Such training should include the following topics:

Recognition of health and safety hazards, methods to minimize risk from health and safety hazards, safe use of safety equipment and Personal Protective Equipment (PPE), confined space entry, forklift operations, vehicle operations, recognition of hazardous material spills and exposure, safe operating procedures to be used at an incident scene. All expenses incurred by this training will be borne by the contractor.

Personnel inspecting, certifying, and making recommendations for corrective action for backflow preventers shall be certified per UG-2029-ENV, and by state and local requirements.

Personnel working with or on electrical or electronic equipment must be trained and licensed per state licensing requirements. Personnel working on fire protection systems must be certified per UFC 3-601-02, and NFPA requirements. Personnel performing work in HAZMAT/HAZWASTE must complete the HAZMAT/HAZWASTE handling course or have a minimum of one year of experience working with HAZMAT/HAZWASTE, and a current HAZWOPER certification. All personal need to attend the Environmental Awareness Training.

All maintenance trade personnel certifying or inspecting repair or maintenance work that does not require an inspector certified by a governing directive shall be qualified at the journeyman level.

1.2.3.1 Ammunition Area Training. Contractor personnel providing services within the Ammunition Restricted Area at MOTCO must be qualified in the tasks to be performed and the associated safety precautions to be taken. The Contractor must understand the hazards, standards, procedures, and precautions that apply to the work within this area. In addition, adequate firefighting training, commensurate to the task being performed is required. This training will include the application and meaning of each type of hazard symbol, process for reporting fires, sounding alarms and area evacuation procedures. Training will take a minimum of 30 minutes and is available from the installation QASAS.

1.2.3.2 AT Level I Training. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the KO (if a COR is not assigned), within 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/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum.

http://jko.jten.mil/courses/atl1/launch.html

1.2.3.3 OPSEC Training. Per AR 530-1, (Operations Security) contractor employees must complete Level I OPSEC Training within 30 calendar days of contract award. All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the KO (if a COR is not assigned), within 5 calendar days after completion of training. OPSEC awareness training is available at the following websites: https://www.iad.gov/ioss/ or http://www.cdse.edu/catalog/operations-security.html; or it can be provided by the RA OPSEC Officer in presentation form which will be documented via memorandum.

1.2.3.4 Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say Something). The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally 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 project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

1.2.4 Contract Personnel Identification and Appearance. In accordance with FAR subpart

37.114 all contractor personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious are required to identify themselves as such to avoid being mistaken for Government officials. Contractors performing work at Government workplaces will provide their employees with an easily readable identification (ID) badge indicating the employee's name, the contractor's name, the functional area of assignment, and a recent color photograph of the employee. Contractors shall require their employees to wear the ID badges visibly when performing work at Government workplaces. Contractor personnel must also ensure that all e-mails, documents, or reports they produce are suitably marked as Contractor products or that Contractor participation is appropriately disclosed. All signature blocks on e-mails shall indicate the Contractor's company name.

1.2.4.1 Appearance. Contractor personnel shall present a professional appearance.

Contractor personnel shall report for duty in a professional manner, in appropriate attire and having complied with socially acceptable standards of personal hygiene.

1.2.5 Contractor Conduct Requirements. Contractor employees’ conduct shall be IAW 5 CFR Parts 2600-2641 and DOD-5500 7-R (Joint Ethics Regulations). If a Contractor employee is removed from the job site or dismissed from the premises, the Contractor is not relieved of the requirement to provide sufficient personnel to perform the services as required by this PWS. In accordance with 18 USC 1382, and Army Regulations, the authority of the Installation Commander to control and deny a Contractor employee entry to all or part of the installation is absolute. The individual concerned has no right to appeal.

https://www.iad.gov/ioss/ http://www.cdse.edu/catalog/operations-security.html http://www.cdse.edu/catalog/operations-security.html

1.2.6 Conflict of Interest. The contractor shall not employ any person who is an employee of the United States Government if the employment of that person would create a conflict of interest. The contractor shall not employ any person who is an employee of the Department of the Army, either military or civilian, unless such person seeks and receives approval in accordance with DoD Directive 5500.7 and Army policy. If prior military, contractor employees must have been discharged under honorable conditions.

1.2.7 Contractor Point of Contact. The Contractor shall provide primary and alternate on-site points of contact (POC), to the KO and COR during normal operating hours. The contact number(s) to be furnished prior to beginning contract performance and shall not be changed without reasonable prior notice to the COR. The Contractor shall also provide a 24-hour POC for all emergencies after normal working hours.

1.3 Hours of Operation. Normal duty hours for the installation are between the hours of 0730 to 1630 hours Monday through Friday except Federal holidays or when the facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. There are performance standards which will require contractor work outside of the normal installation hours of operation. These work items are outlined in this PWS and include but are not limited to emergency repair calls, initial rail crew calls, special safety inspections, and rail operations. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS.

1.3.1 Federal Holidays. Except as otherwise specified, routine work shall not be scheduled on holidays. Federal holidays observed are as follows:

New Year’s Day – January 1 M.L. King Birthday – 3rd Monday in January President’s Day – 3rd Monday in February Memorial Day – last Monday in May Juneteenth – 19 June Independence Day – July 4 Labor Day – 1st Monday of September Columbus Day – 2nd Monday of October Veterans Day – November 11 Thanksgiving Day – 4th Thursday of November Christmas Day – December 25

1.3.2 Installation Closures. Work scheduled but not accomplished because of base closure due to weather or military necessity shall be accomplished as soon as possible after reopening the base.

1.3.3 Performance of Services During Crisis. All tasks and services outlined in Section 2.0 are required during a crisis identified by the COR. These services shall be required until the crisis has been abated.

1.4 Quality Control and Assurance. In compliance with the contract clause entitled Inspection of Services Federal Acquisition Regulation (FAR) 52.246-1 and FAR 52-246-4, the Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers’ parts.

1.4.1 Quality Control Plan. The Contractor shall provide a Quality Control Plan to the KO for acceptance no later than 30 days after contract award date. The KO will notify the Contractor acceptance or required modifications to the plan before the contract start date. The Contractor shall make appropriate modifications and obtain acceptance of the plan by the KO before the contract start date. The Quality Control Plan shall contain, as a minimum, a description of the inspection system to cover all services listed on the Requirements Summary (RS). Description shall include specifics as to the areas to be inspected on a scheduled and unscheduled basis, frequency of inspections, and the individual (s) who will perform the inspection. Additionally, procedures for meeting mission requirements in the event of a national emergency or natural disaster. Quality Control Plan shall include control procedures for any Government provided keys or lock combinations. A description of the methods to be used for identifying and preventing defects in the quality of services performed before the level of performance becomes unacceptable. A description of the on-site records to be kept documenting inspections and corrective or preventive actions taken. This documentation shall be made available to the Government during the term of the contract. At any time it is determined by the KO that the quality control system, personnel, instructions, controls, tests, or records are not providing results which conform to contract requirements, action shall be taken by the Contractor to correct the deficiency, i.e., replacement of personnel, additional quality control inspections, etc.

1.4.2 Quality Assurance Surveillance Plan. The Quality Assurance Surveillance Plan (QASP) provides a systematic method to evaluate performance for this contract. The Government will evaluate the Contractors performance under this plan. The Contractor is fully expected to comply with all requirements in the PWS; the Governments assessment of the contractor performance will focus mainly on the objectives listed on Requirements Summary (RS). The COR will monitor the Contractors performance to ensure it meets the standards of the contract. When an observation indicates defective performance, the KO will require the Project Manager or representative at the site to initial the observation. The initialing of the observation does not necessarily constitute concurrence with the observation, only acknowledgement that he or she has been made aware of the defective performance.

Unacceptable performance may result in the KO taking any of the following actions: Require the Contractor to take necessary action to ensure that future performance conforms to the contract requirements, reduce the contract price to reflect the reduced value of the services, issues a Contract Discrepancy Report (CDR), or require the Contractor to re-perform the service. In addition, the Contractors performance will be recorded annually in the Contractor Performance Assessment Report (CPAR). The KO may require the Project Manager to meet with the KO, contractor administrator, COR, and other Government personnel as deemed necessary. The Contractor may request a meeting with KO when he or she believes such a meeting is necessary. Written minutes of any such meetings shall be recorded by the

Contractor, approved by the KO and signed by the Project Manager and the KO or Contract Administrator within three (3) business days of the meeting. Copies of any such meeting minutes shall be maintained by the KO. If the Contractor does not concur with any portion of the minutes, such non-concurrence shall be provided in writing to the KO within one calendar day following receipt of the approved minutes. All work performed and equipment used under the contract will be subject to inspection at all times by the Government. The Government’s inspection program is not a substitute for the Quality Control by the Contractor.

1.5 Safety Requirements. In order to provide safety control for protection to the life and health of employees and other persons; for prevention of damage to property, materials, supplies, and equipment; and for avoidance of work interruptions in the performance of this contract, the Contractor shall comply with Occupational Safety and Health Administration and all pertinent provisions of the publication 29 Code of Federal Regulations (CFR) 1910 ((OSHA), and Engineering Manual (EM) 385-1-1 (Safety and Health Requirement Manual). The Contractor shall report to the KO, in the manner and on the forms prescribed by the Government, all accidents resulting in injury, trauma, and death. The Contractor shall immediately report all accidents to the KO and COR. Medical services for Contractor’s personnel are the responsibility of the Contractor. Contract employee shall make attempt to be certified in First Aid and Cardiopulmonary Resuscitation (CPR) training. The Contractor shall perform work requirements in a manner which protects occupants and property within the work area from any harm or injury; work shall be scheduled to afford this protection. In addition, the Contractor personnel shall wear PPE that is suitable for their work (i.e. steel toe shoes, safety vests, eye protection, gloves, hard hats, etc.). The PPE shall be of new condition and be replaced as needed per manufacturers recommendation. The required PPE is purchase at Contractor’s expense. The installation Federal Fire Department will provide any emergency medical assistance on site.

1.5.1 Safety Deficiencies. The Contractor shall immediately correct all safety deficiencies (upon their discovery) as identified by contractor subordinate personnel, the KO, the COR, or by a third party (another member of the 834th Transportation Battalion); and shall notify the KO or the COR of the corrective action to be taken. If, during any maintenance or inspection as required per PWS, the Contractor discovers any defects making the railroad unsafe for use, the Contractor shall immediately notify the COR and apply lock-out, tag-out procedures per 29 CFR 1910.147 to prevent its use until such time as the hazard is abated IAW the terms and procedures of this contract. The Contractor shall take precautions as the COR may reasonably require for safety and mishap prevention purposes.

1.5.2 Safety Mishap/Accident Reporting. The Contractor shall record and report within two hours, to the KO and COR, all available facts relating to each instance of damage to Government property, Contractors’ property, or injury to either Contractor or Government personnel. The Contractor shall, in the event of an accident/mishap, take reasonable and prudent action to establish control of the accident/mishap scene, prevent further damage to persons or property, and preserve evidence until released by the accident/mishap investigative authority through the KO. If the Government elects to conduct an investigation of the accident/mishap, the Contractor shall cooperate fully and assist Government personnel in the conduct of investigation until the investigation is completed.

1.5.3 Safety Equipment. The Contractor shall provide all safety and personal protective equipment necessary to fulfill the requirements of this contract and be maintained in good operating order and meet all Federal, State, local and base requirements.

All employees will have access to the SDS for all chemicals used in the accomplishment of tasks under this contract. The SDS will be maintained in the workplace. All safety appliances (i.e. eyewash stations) required in the workplace will be maintained by the contractor.

1.5.4 Equipment Inspections. All equipment used under this contract shall be made available by the Contractor for inspection by the COR at least seven (7) working days prior to the contract startup date. Contractor shall perform inspection on all equipment prior to the contract start-up date and once a year thereafter. A condition report for each piece of equipment shall be maintained by the Contractor and a copy supplied to the COR. If the equipment is at any time deemed unsafe or unserviceable by the COR, the Contractor shall remove equipment immediately and have it repaired to a safe and operable condition. The Government does not assume and hereby specifically disavows any duty to inspect the equipment in order to assure safe operation. The Contractor or subcontractor (s) at any tier are at all times responsible for assuring equipment is in a safe and serviceable condition and shall perform all tasks in a safe and responsible manner. At the time of inspection, the equipment’s ability to perform at the designed use shall be demonstrated by the Contractor. If the equipment or personnel fail to meet the standards at the initial inspection, the Contractor shall replace the equipment or personnel at the direction of the KO, no later than 72 hours before beginning performance on the contract. The rejection of personnel and/or equipment does not relieve the Contractor of the responsibility of performing services in accordance with the contract.

1.5.5 Fire Prevention. Under this Contract, the Contractor shall be required to obey all National Fire Codes and Army regulations as they relate to this work. The Contractor shall not execute any open welding or use of flame apparatus without obtaining clearance from the base fire inspector. The Contractor shall notify the base fire inspector 24 hours in advance of the intended use of any fire apparatus. When using flame apparatus, Contractor shall provide fire protection devices, such as noncombustible coverings and fire extinguishers, as directed by the fire inspector. Open burning is not allowed on the installation. Control litter at all times by keeping it in containers. Remove and dispose debris from the base. Remove all equipment, drums, containers, and all other construction material upon work completion.

1.5.6 Ammo Safety Requirements. Contractor provides what, where, how many workers, when and how long during the period of port OPS. Safety will evaluate exposure and determine if projected work will impact operations. If operations are not impacted, safety will communicate remaining requirements to approve the work. Any Hot work will require a hot work permit obtained through the MOTCO Fire Department. The contractor will submit an Unrelated Ammunition Mission Personnel (UAMP) form to COR and OSH for approval and will meet the ammo safety requirements listed below:

a. Comply with AR385-10 para 24-1, 24-4

b. Comply with DA Pam 385-64 para 1-11.h, (training 2-16 – 3R’s on MEC), 19-2, 19-3, 19-5, 19-9, and 19-18.

c. Contractors working unescorted will receive 3 R’s training from MOTCO safety officer. COR will schedule a briefing time at least one week prior to entry.

d. No hot work will be allowed without hot work permit.

e. Fuel / flammable storage and equipment refueling will be coordinated with Fire

Department and Safety.

f. COR/construction supervisor will provide contact information for responsible individuals in the work area as well as names of all workers on the port by name to MOTCO POC. If additional personnel are brought in temporarily (i.e. for deliveries) the MOTCO sponsor or designee will escort and be responsible for these personnel. Escorted personnel will not be left unescorted / unattended at any time while on the installation.

g. Strict enforcement of smoking only in designated areas.

h. Seatbelt usage, speed limits and right of way to explosive laden vehicles is strictly enforced by Security, COR, and construction management.

i. Daily tail-gate meetings will be accomplished by contractor to ensure personnel are aware of explosives on port, rules stated above are acknowledged, and ensure workers do not linger in the explosive area.

j. The Contractor or UAMP will acknowledge that they are aware they are working in an explosive storage area. This notification and acknowledgement need to be made early in the planning phases as the government is not intending to expose contractors unnecessarily, restrict work or add to mobilization costs for these operations. A statement from a responsible party for the contractor will be provided to the COR. This notification and acknowledgement will be made early in the planning phases as the government is not intending to expose contractors, restrict work, or add to contractor mobilization costs for these operations.

1.5.6.1 Compliance. The Contractor shall perform in compliance with all Federal, State, and local laws, rules and regulation pertaining to ammunition and explosive security and safety. In addition to all ammunition specific requirements, all OSHA laws, rules and requirements will be complied with and strongly enforced. Safety compliance on any portion of the facility or Government property, which the Contractor uses or services in performing the contract, is the responsibility of the Contractor. The sole accountability for compliance with all Army and Installation regulations pertaining to safety within ammunition and explosives areas (Restricted area beyond Gate #2 and Gate #5 to include the entire Tidal Area) is the responsibility of the Contractor. Should questions arise pertaining to any ammunition/explosives safety/technical standard to include DOD and Department of the Army (DA) regulations the Quality Assurance Specialist Ammunition Surveillance (QASAS) for the 834th Transportation Terminal Group will provide answers, solutions and/or interpretations. Due to the extreme hazardous nature of the material handled in the ammunition area any answer or interpretation provided by the QASAS is final with mandatory implementation.

1.5.6.2 Weapons, Firearms, and Ammunition. The Contractor is prohibited from possessing weapons, firearms, or ammunition, on themselves or within their Contractor-owned vehicle or privately-owned vehicle while on any military installation.

1.6 Environmental Safety Program. Contractor must comply with all Environmental and Occupational Safety and Health Laws. The contractor shall perform in compliance with Federal, State and local laws, rules, and regulations pertaining to environmental protection, occupational health and safety, transportation, storage, and disposal of hazardous materials and hazardous waste. This shall include all responsibilities of an “owner or operator” of that portion of the facility or Government property, which the Contractor uses or services in performing the contract; and sole responsibility for compliance with all Army and Installation regulations pertaining to hauling and disposal of materials. All Government installation facilities operated and maintained by the Contractor may be inspected by the Environmental Office or other Federal, State, or local officials without advance notice. Access for inspection shall be granted upon notice form the KO or their designated representative. Any deficiencies noted during inspections must be corrected within two (2) working days. The Contractor shall notify the KO and their designed representative within two (2) hours of being contacted by letter, telephone, or facsimile by any Federal, State or local agency charged with responsibility for compliance with such laws or with responsibility for issuing permits required by such laws. The Contractor shall submit to the KO a copy of all correspondence facsimile messages, Notice of Violation, and memorandum of conversation received by the Contractor or sent to such agencies promptly upon receipt or sending. Such information shall be furnished within two (2) hours to the KO or his/her designated representative. The Contractor shall notify the COR within thirty minutes upon discovery of any asbestos or any hazardous substances or waste being released to the air, land or water of the installation, regardless of what party is responsible for the release. In the event that such release is the result of any action of the Contractor, the Contractor shall cease work immediately and notify the COR within one (1) hour. The Contractor shall receive no equitable adjustment for the time lost or expenses incurred as a result of the need to correct any such release, which is the result of negligent or acts of Contractor personnel (either accidental or intentional). A copy of this requirement, without changes, shall be inserted in any subcontracts. Performance by the sub-contractor, to include compliance with this requirement shall be the responsibility of the Contractor.

1.6.1 Hazardous Materials Management (HMM). Contractors are required to report the usage of HMs to the government for all projects and contracts, including service contracts.

Contractors must obtain authorization prior to using HMs on the Installation and must report usage data.

Hazardous materials are any substance defined by: OSHA (29 CFR 1910-1200) as a hazardous chemical requiring a Safety Data Sheet (SDS); DOT (49 CFR 172) as a hazardous material; or covered under Emergency Planning Community Right to Know Act (EPCRA) (40 CFR 370). Hazardous materials that need to be reported include but are not limited to paints;

thinners; sealing compounds; strippers; glues; solvents; all petroleum products including oils, hydraulic fluids, and fuels stored on-site (fuels in vehicles are exempt); pesticides; adhesives;

acids; flammables; corrosives; oxidizers; compressed gases (such as, but not limited to, oxygen, acetylene, propane, flammable and non-flammable gases); all aerosols; and all materials containing hazardous substances.

1.6.1.1 Hazardous Material Storage. Hazardous Materials (HMs) will be managed properly at all times. Containers will be in good condition and properly labeled with the contents and hazard class (flammable, corrosive, oxidizer, etc.). Containers will be closed at all times when not in use. Hazardous materials will be kept under cover to protect them from the elements and to prevent storm water runoff contamination.

1.6.1.2 HazMat/Non-HazMat Removal. At the end of the performance of the contract and before facilities are turned over to the government, the Contractor will remove all hazardous and non-hazardous materials from the installation. No materials will be left behind in the possession of the government. This includes but is not limited to all solvents, paints, fuels, oils, greases, adhesives, etc.

The Contractor shall request the proposed usage of all HMs. The Contractor shall also submit a copy of the Safety Data Sheet (SDS) for each item to the COR prior to bringing the items on the installation. If the Contractor requires additional HMs not previously submitted for approval, they shall submit the request as stated above prior to bringing the item on the base.

1.6.2 Solid Waste Management (SWM). All waste materials generated by any work under this contract performed on the installation shall be identified, characterized, classified, handled, stored, transported, and disposed of by the contractor and by any subcontractors IAW these specifications and all Federal (Resource Conservation and Recovery Act), state, and local laws, ordinances and regulations; and installation policies and procedures.

1.6.2.1 Storage. The Contractor shall collect all solid wastes generated during the performance of the contract in a container/area provided by the contractor and approved by the COR. The Contractor shall provide appropriate containers for the collection and segregation of solid wastes, recyclables, and construction debris generated directly and indirectly by work under this contract. The Contractor is prohibited from using base dumpsters or other government owned/leased waste receptacles for the disposal of any solid wastes. All solid wastes shall be reclaimed, recycled, or disposed of prior to completion of contract.

1.6.3 Spills. Release of hazardous materials into the environment from equipment operated by the Contractor (both Government Furnished Equipment (GFE) and Contractor furnished), storage of Contractor owned materials (during work generated by this contract) are the responsibility of the Contractor. Immediately after a release, the Contractor will provide verbal notifications to the COR and DPW Environmental Office. Notification will be followed by a written communication within twenty-four hours. Cost associated with clean up and response will be the Contractor’s responsibility. If an oil spill occurs, the Contractor shall comply with the provisions of the MOTCO Spill Prevention Control and Countermeasure Plan (SPCCP) and the Installation Spill Contingency Plan (ISCP) located in the Director of Public Works (DPW) Environmental Office.

1.7 Security. The overall performance classification of this PWS is Controlled Unclassified Information (CUI).

1.7.1 Access and General Protection/Security Policy and Procedures. All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures

(provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, 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 installation or facility change, the Government may require changes in contractor security matters or processes.

1.7.1.1 Minimum Security Requirements. The minimum security clearance requirements for Contractor personnel/employees as part of this PWS include the following:

a. Favorable;T1 clearance for access to USAG MOTCO and NIPRNet systems.

b. Favorable; NCIC III background check for access strictly to USAG MOTCO.

c. Standard Form (SF) 312/Nondisclosure Agreement (NDA) if not already on file with employer and access to classified information is required.

d. MOTCO form 190-3.

e. DA Form 7708 Personnel Reliability Screening and Evaluation form.

f. Inclusion onto the base access roster.

Failure to provide any of the above documentation will prevent Contractor personnel/employees from accessing MOTCO. Failure to pass the background checks (items

a. and b.) will deny the person from accessing MOTCO, as deemed by the MOTCO security.

1.7.2 Security Related to Personnel. If the Government notifies the Contractor that the employment or the continued employment of any Contractor employee is prejudicial to the interests or endangers the security of the United States of America, the Contractor shall make any changes necessary in the appointment(s).

1.7.2.1 Pre-screen candidates using E-Verify Program. The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award." *When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative.

This Form will be provided to the KO and shall become part of the official contract file.

1.7.2.2 Contractors requiring Common Access Card (CAC). Before CAC issuance, the contractor employee requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014-05 and Homeland Security Presidential Directive-12 (HSPD-12). The contractor and all sub-contractors employees will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more.

At the discretion of the sponsoring activity, an interim CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management.

1.7.2.3 CAC Issuance. Once the contract is awarded, all names of the contractor employees needing a CAC, will be submitted to Surface Deployment and Distribution Command (SDDC for vetting through Defense Information Security Systems (DISS) to ensure investigative and clearance requirements have been obtained before the start date of the contract. This will be completed prior to the KO’s Representative (COR) / Trusted Agent (TA) submission of contractor employees’ names for the Common Access Card(s) (CAC) in the DoD Trusted Associate Sponsorship System (TASS). If a contractor’s employee does not have the appropriate investigative or security clearance requirement the contractor’s employee will be denied the ability to work in support of this PWS and will not be loaded into the TASS.

Contractor employees will be loaded in TASS and have expiration on their CAC for the initial contract period. Upon approval of each option period a new CAC will be issued with new dates for the subsequent option period only.

1.7.2.4 Contractors who do not require CAC, but require access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014- 05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

1.7.2.5 Port Access. Personnel not requiring a NACI investigation but require access to the port are required to obtain a Transportation Workers Identification Card (TWIC). TWIC card are issued from TWIC processing centers in port areas IAW mandatory dates provided from the Captain of the port for personnel working on an ammunition port require additional personnel clearance documentation beyond the standard set for the TWIC Card.

1.7.2.6 Escort Requirement. The contractor will coordinate with the COR and/or the facility security office for access when required. (Use when security clearances are not required, i.e.

facility repair or construction). All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

1.7.2.7 Authorization Letters. A Visit Authorization Letter (VAL) or Visit Authorization Request (VAR) will be required for contract personnel who are assigned to SDDC at MOTCO.

The VAL/VAR request will be received 48 hours prior to start of the contractor employee.

VAL/VAR requests can be submitted to SDDC S2 via email at usarmy.motco.sddc.list.visitorcontrolcenter@mail.mil.

1.7.2.8 Visiting Personnel. Any visit(s) by contractor personnel not permanently assigned to this contract (company presidents, company security managers, contract employees not assigned at MOTCO, etc.) will require an electronic visit request in DISS. If contractor agencies/organizations do not have access to DISS, a USAG MOTCO 190-3-R1 and NCIC-III, as applicable, will be submitted to USAG MOTCO VCC.

1.7.3 Contractor Employees Who Require Access to Government Information Systems.

All contractor employees with access to a government info system must be registered in the Army Training Certification Tracking System (ATCTS) at commencement of services, and must successfully complete the DOD Information Assurance Awareness prior to access to the information systems and then annually thereafter in accordance with personnel security standards listed in AR 25-2 (Information Assurance), an appropriate background investigation will be conducted prior to accessing the government information systems.

1.7.3.1 Network Access. Personnel working IAW this PWS who do not require IA administrative privileges/ system monitoring capability but do require access to Non-Secure Internet Protocol Router Network (NIPRNET) applications, must successfully complete a National Agency Check with Inquiries (NACI). Favorable NACI investigation results must be posted in the DISS before a contractor is granted a Common Access Card (CAC) or have access to government information systems (NIPRNET). NACI investigation requests will be submitted to servicing S2 Security Office at the 834th Transportation Battalion (MOTCO) for processing as soon as the employees are identified. S2 will only process NACI/Position of Trust investigations.

1.7.3.2 Information assurance (IA)/information technology (IT) training. All contractor employees and associated sub-contractor employees must complete the DoD IA awareness training before issuance of network access and annually thereafter. All contractor employees working IA/IT functions must comply with DoD and Army training requirements in DoDD 8570.01, DoD 8570.01-M and AR 25-2 within six months of employment.

1.7.4 Termination of Access. Upon termination or completion of this contract, the contract employee will surrender all government supplies, materials and equipment to the COR. The contractor CAC and any security badges issued will be turned into the 834th TBN Security office. This will be accomplished on the last day of the contract or upon any termination/reassignment of a contract employee.

If the Government notifies the contractor that the employment or the continued employment of any contractor employee is prejudicial to the interests or endangers the security of the United States of America, that person shall be removed and barred from the worksite. This includes security deviations/incidents and credible derogatory information on contract members during the course of the contract period. The awarded contract company shall make any changes necessary in the appointment(s).

file://sddc100a7crd001/user/daniel.w.kwon2/Base%20Maintenance%20Contract/New%205-YR%20Contract/SDDC%20Package/usarmy.motco.sddc.list.visitorcontrolcenter@mail.mil

Personnel employed by Army contractors will report threat-related incidents, behavioral indicators, and other matters of Counter-Intelligence (CI) interest specified in AR 381-12, chapter 3, to the Facility Security Officer, the nearest military CI office, the Federal Bureau of Investigation, or the Defense Security Service. Contractor employees will comply with base access and control procedures.

1.7.5 Operations Security (OPSEC). All information furnished to the Contractor is to be used Controlled Unclassified Information (CUI). The Contractor is required to be aware of OPSEC requirements from SDDC. Information determined as CUI or included as part of the OPSEC Critical Information List (CIL) is not to be released to the public.

All information furnished to the Contractor is to be used FOR OFFICIAL USE ONLY (FOUO).

The Contractor is required to be aware of OPSEC requirements from SDDC. Information determined as FOUO or included as part of the OPSEC Critical Information List (CIL) is not to be released to the public unless reviewed/approved by SDDC Command Affairs and G34 Protection Division.

Circumstances surrounding the removal of contract employees include security deviations/incidents and credible derogatory information received or uncovered on contract members during the course of the contractual period. The contract company shall make any changes necessary in the appointment(s).

HQ SDDC Industrial Security Point of Contact:

Tony Cameron 1 Soldier Way

SDDC G34

Scott AFB, IL 62225 Commercial: 618-220-6559 Email at standa.t.cameron.civ@mail.mil

HQ SDDC G34 Approval: Tony Cameron, SDDC Tracking #: HQSDDCG34-007-18

The services provided within the scope of this contract are considered “operationally critical support” as defined in DFARS 252.204-7012, “Safeguarding Covered Defense Information and Cyber Incident Reporting.”

1.7.6 Security Regulation Compliance. The contractor will be required to comply with all security regulations and directives as identified herein and other security requirements in this contract.