DRAFT Statement of Work_Pest Management.docx

Performance Work Statement (Includes associated Performance Requirements Summary (PRS)

PERFORMANCE WORK STATEMENT (PWS)

TYAD Integrated Pest Managment

Part 1 General Information

1. General: This is a non-personal service(s) contract under which the personnel rendering the service(s) 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.

1.1 Description of Services/Introduction: This is a non-personal service(s) contract to provide a comprehensive Integrated Pest Management (IPM) program for indoor and outdoor pests at Tobyhanna Army Depot.

1.2 Background: In accordance with DoDI 4150.07 IPM is required to prevent or control pests and disease vectors that may degrade readiness or military operations by affecting the health of personnel or that may damage structures, material, or property. Federal agencies are required to use IPM by Public Law (PL 104-170, Section 303).

1.3 Scope: The Contractor shall provide non-personal service(s). The contractor will furnish all labor, tools, materials, equipment and transportation necessary to provide a comprehensive Integrated Pest Management (IPM) program for indoor and outdoor pests at Tobyhanna Army Depot (TYAD) as required by the contract and described herein. IPM is a sustainable approach to managing pests by combining biological, cultural, mechanical and chemical tools in a way that minimizes economic, health and environmental risks. Federal agencies are mandated to use IPM by Public Law (PL 104-170, Section 303).

Service will be performed in accordance with the specifications and directions provided, and the best standard practice for this type of work. The work will be conducted under the general direction of the Environmental Branch’s Integrated Pest Management Coordinator (IPMC) and is subject to inspection by the IPMC or designated alternate to ensure strict compliance with the terms of the contract. The contractor shall have a minimum of three years’ experience in commercial pest control.

Service must meet the performance standards contained herein and shall be in compliance with the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), as amended in 1972, the Installation Pest Management Plan, the requirements of the Department of Defense (DoD) Directive 4150.7, Army Regulation 200-1, the Pennsylvania Pesticide Control Act of 1973 as amended, and all other applicable regulations.

The contractor must be licensed by the Commonwealth of Pennsylvania and all employees who provide services on TYAD will be certified as commercial applicators by the Commonwealth of Pennsylvania in the following categories as appropriate:

Household/Health Related (category 11) Wood Destroying Pests (category 12) Public Health - Vertebrate (category 15) Public Health - Invertebrate (category 16) Parks/Schools Pest Control (category 23)

1.4 Objectives: An IPM program should emphasize the following:

· Structural and procedural modifications to reduce food, water, harborage and access used by pests.

· Pesticide compounds, formulations and application methods that present the lowest potential hazard to humans and the environment.

· Non-pesticide technologies such as trapping and monitoring devices.

· Coordination among all facilities management programs, including facility use lessees, which has a bearing on the pest control effort.

1.5 General Information:

1.5.1 Quality Control Plan (QCP): The Contractor shall develop and maintain a QCP to ensure services are performed in accordance with (IAW) this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor's QCP is the means by which it assures that the work provided complies with the requirements of the contract.

The Contractor’s Proposed QCP shall be submitted to the Contracting Officer (KO) through the Contracting Officer’s Representative (COR) for review within ten (10) after date of contract award PANAPG-25-P0000 028425.

The Government will review and either notify the Contractor in writing of acceptance of the plan or return their comments to the Contractor within (10 days). If the Government has provided comments, the Contractor shall then have (10 days) to submit a Final QCP. After receipt of the Final QCP, the Contractor may receive the Contracting Officer’s acceptance in writing. Any proposed changes to the accepted QCP are required to be resubmitted for acceptance by the Contracting Officer no later than (10 days) prior to the anticipated change and before implementation by the Contractor. The timeline noted above will apply for review and acceptance for proposed changes. At a minimum, the QCP must include and answer the following to be acceptable:

(a) A chart showing the organizational structure and lines of authority, the names, qualifications, duties, responsibilities, and classification of each member of the Contractor's Quality Control Team;

(b) How the Contractor will monitor work to ensure performance complies with all deliverables (etc. timelines, deadlines, and goals);

(c) How the Contractor will monitor work to ensure performance complies with all specifications and requirements of the contract, including the contract’s clauses;

(d) How the Contractor will monitor and ensure staff qualifications remain current and valid including Department of Defense (DoD) Contractor Personnel Office (DOCPER) processes/approvals throughout contract performance;

(e) How the Contractor will ensure all keys issued will remain controlled items (Paragraph 1.7 Key Control);

(f) How the Contractor will inventory and track maintenance of all Government Provided Equipment / Materials;

(g) How the Contractor will identify, investigate, and correct any non-conforming performance and prevent similar deficiencies in the future; and

(h) How the Contractor will file and save all Quality Control related documents for the life of the contract plus 5 years.

1.5.1.1 An Analysis of Quality Control and Timeliness of Submittals (i.e. deliverables) shall be provided to the COR within na upon completion of each option period or Task Order.

1.5.1.2 The Contractor shall inform the COR of issues or potential issues that might affect the performance within na of identifying those issues. Verbal reports shall be followed up by written reports within.

1.5.2 Quality Assurance: The Government will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the acceptable quality levels (performance thresholds).

1.5.3 Recognized Holidays: The following provides information on recognized holidays for the purpose of the PWS. If submittal of any documentation (e.g. deliverables, submittals, etc.) deadlines fall on a holiday, the closest work day prior to the holiday will apply as the deadline for submittal.

1.5.3.1 U.S. Holidays: Work shall not be performed on U.S. federally recognized holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer. When a U.S. holiday occurs on a Saturday or a Sunday, the holiday is observed on the preceding Friday or following Monday, respectively.

Juneteenth June 19th Independence Day July 4th Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veteran’s Day November 11th Thanksgiving Day 4th Thursday in November Christmas Day December 25th

1.5.3.2 Host Nation Holidays: (As applicable to OCONUS requirements) Work na be performed on local Host Nation holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer.

1.5.4 Operating Hours: The Government facility office hours, facility operating hours, and the Contractor support hour requirements often coincide, however, they may differ. Please refer to the following.

1.5.4.1 Government Facility Office Hours: The Government facility office hours are 0700-1630 except U.S. Holidays identified in paragraph 1.5.3.1 above or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.5.4.2 Government Facility Operating Hours: The Government facility operating hours occur between the hours of 0700-1630. The Government facility is closed for operations during the recognized U.S. Holidays identified in paragraph 1.5.3.1 above. The Government facility may close due to local or national emergencies, administrative closings, or similar Government directed facility closings and will be communicated by the Contracting Officer to the Contractor.

1.5.4.3 Contractor Support Hours: The Contractor shall provide support between the hours of 0730-1530, Monday-Friday. The facility is closed during local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor shall maintain an adequate workforce at all times, for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce is essential.

1.5.4.3.1 Contractor Work Plan: na The Contractor shall prepare and maintain a Work Plan. The plan, as a minimum, shall identify regularly scheduled work (to include location, work to be completed, timeline, etc.). The Contractor’s proposed Work Plan shall be submitted to the Contracting Officer via the COR for review within na after date of contract award na. The Government will review and either accept or return their comments to the Contractor within na. The Contractor shall then have na to submit a Final Work Plan. Any proposed change to the accepted Final Work Plan is required to be resubmitted via the COR for review and acceptance by the Contracting Officer at a minimum thirty (30) days prior to implementation. The timeline noted above shall apply for review and acceptance for proposed changes.

1.5.5 Training Holidays: USAREUR or other applicable theater has historically granted military personnel training holidays as compensation for time that they spent in field training. These are typically combined with regular holiday leave schedules (for example, Christmas half days or day on day off schedules). Training holidays may affect access to military operated facilities. If scheduled work or access to facilities is required, coordination with occupants will be necessary or the work in affected facilities shall be rescheduled after the training holiday. However, announced training holidays or exodus of military personnel may provide the Contractor with an opportunity for unrestricted access to facilities and areas. The Contractor shall take full advantage of such opportunities by planning maintenance or actions that are better accomplished when such areas are vacant.

1.5.6 Place of Performance: The work to be performed under this contract will be performed at the Tobyhanna Army Depot, Tobyhanna Pa.

1.6 Security Requirements: The following information is provided on security related matters.

1.6.1 Security Program: na Contractor personnel performing work under this contract must have a na at time of the proposal submission, and must maintain the level of security required for the life of the contract. The security requirements are IAW with the DoD Contract Security Classification Specification (DD Form 254), which is currently accessible at the following link: http://www.dtic.mil/whs/directives/forms/eforms/dd0254.pdf

1.6.2 Personnel Security Clearance Requirements: na Contractor personnel performing work under this contract must have an active personnel security clearance at the na level in the Defense Information System for Security (DISS) at time of the proposal submission, and must maintain the level of security required for the life of the contract. The security requirements are IAW the DoD Contract Security Classification Specification DD Form 254. na The Contractor shall ensure that Contractor employees and subcontractor employees performing services under this contract comply with FAR 52.204-2 Security Requirements when the employee has access to information classified “Confidential,” “Secret,” or “Top Secret.” The Contractor shall ensure the employee complies with the DoD Security Agreement (DD Form 441), and the NISPOM rule at 32 Code of Federal Regulation (CFR) Part 117, effective 24 Feb 2021. The NISPOM is the National Industrial Security Program Operating Manual to which contractors must implement and comply.

1.6.3 Installation Access: Access to U.S. installations, buildings and controlled areas is limited to personnel who meet security criteria and are authorized. Failure to submit required information/data and obtain required documentation or clearances will be grounds for denying access to U.S. installations, buildings and controlled areas. The Contractor shall ensure that any subcontractors used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any subcontractor utilized by the Contractor, are made aware of and comply with these requirements.

The Contractor shall be aware of and comply with the requirements associated with Installation Access Control. The Government is not liable for any costs associated with performance delays due solely to a firm’s failure to comply with Installation Access Control System (IACS) processing requirements.

The Contractor shall return installation passes to the issuing IACS office when the contract is completed or when a Contractor employee no longer requires access.

1.6.3.1 Installation Pass Log: In addition, the Contractor shall provide the Contracting Officer, via the COR, an Initial Installation Pass Log within na after contract award. The log must at a minimum contain the following information na. The log shall be updated as employees are added or removed. The Updated Installation Pass Log shall be current and available at any time upon request by the Government and submitted to the COR within five (5) days after any changes to the log.

1.6.3.2 Individual Termination or Expiration of Employment: The Contractor shall collect the installation access passes the same day employment of an individual has expired or has been terminated and shall return them to the issuing office within na.

1.6.3.3 Contract Termination or Cancellation: Upon termination or cancellation of this contract, the Contractor shall collect all outstanding installation access passes and return them to the issuing office within na.

1.6.3.4 Common Access Cards (CAC) and CAC Log: The Contractor shall provide the following information: Last, First and Middle Names, government issued personal identifier (e.g. Social Security Number, Federal Identification Number, or Tax Identification Number), date of birth, primary email address (this email address will be used to contact the individual) and any other necessary information required to obtain a CAC or installation access card, to the COR with (na) after award (na). The Contractor shall ensure safeguarding of Personally Identifiable Information (PII) and comply with requirements under 1.22.5.

The Contractor shall provide a CAC log within the (na) after contract award and within five (5) days after changes have been made (na) (unless circumstances require otherwise and as directed by the Contracting Officer). The COR will provide format and content for the log during the post award meeting. Note - CACs are Government property and must be accounted for.

1.6.4 Background Checks:

1.6.4.1 U.S. Citizen: Contractors that work with or teach youth under the age of 18 years are subject to U.S background checks. The Requiring Activity Manager will determine the extent of background checks required. The Contractor employee may begin performance of the contract after receiving a favorable local background check. The Contractor agrees to replace the employee should results of the background check, if required, be unfavorable as determined by the Requiring Activity Manager. The Contractor’s replacement of the employee with the unfavorable background check shall be within a timeframe provided by the Requiring Activity Manager. The Contractor shall also replace employees whose background check, during their tenure of employment, renders them with an unfavorable local or stateside background check, as determined by the Requiring Activity Manager. The Contractor shall forward a copy to the Contracting Officer via the COR and the Requiring Activity Manager of each favorable background check within 10 days of receipt by the Contractor, identifying such with the appropriate contract number PANAPG-25-P-028425. The Contractor shall forward a copy to the Contracting Officer via the COR and the Requiring Activity Manager of each unfavorable background check within 10 days of receipt by the Contractor, identifying such with the appropriate contract number PANAPG-25-P-028425. When the Government awards a non-personal services contract directly to an individual, the failure of the individual to provide a favorable background check would be grounds for termination.

1.6.4.2 Local Nationals and Third Country Nationals: Local national and third country national Contractors that work with or teach youths under the age of 18 years are subject to background checks as determined by the Requiring Activity Manager. As a minimum prior to beginning performance, Contractors employing local national and third country nationals shall furnish the Contracting Officer via the COR and the Requiring Activity Manager current documents required for working on a US installation, no later than na. Forwarding correspondence from the Contractors shall identify the associated contract number.

1.6.5 Physical Security: The Contractor shall safeguard all Government equipment, information, and property provided for Contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured IAW the Army Physical Security Program (AR 190-13.)

1.6.6 Operations Security (OPSEC) Requirements: Contractor personnel shall adhere to facility security policies and restrictions. The Contractor shall immediately report suspicious activities to security personnel. Government issued access badges shall not be worn outside designated facilities where visible to the general public.

1.7 Key Control: The Contractor shall establish and implement methods of making sure all keys issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Contractor’s Security Plan and the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any incidents of lost or duplicate keys to the Contracting Officer. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from payment due to the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the payment due to the Contractor. The Contractor shall prohibit the use of Government issued keys by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer. The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Quality Control Plan.

1.8 Post Award Conference/Periodic Progress Meetings: The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5. The Contracting Officer, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the Contracting Officer will apprise the Contractor of how the Government views the Contractor's performance and the Contractor shall apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.8.1 The Contractor shall attend, participate in, and furnish input to scheduled and unscheduled meetings, conferences, and briefings that relate to the functions and services herein as required by the Government to provide effective communication and impart necessary information. The Contract Manager or designated representative shall attend meetings as requested by the Government. Meeting attendees shall at times include Contractor managerial, supervisory, and other personnel knowledgeable of the subject matter. Meetings may start or end outside of regular duty hours.

1.9 Contracting Officer’s Representative (COR): Refer to Part 2 of this PWS for the definition of a COR. As determined by the Contracting Officer, a COR will be appointed and identified by letter of designation, a copy of which will be provided to the Contractor by the Contracting Officer. The designation letter states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates, or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is not authorized to obligate the Government. If the work is not written in the contract, the COR is not authorized to request new work. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance, maintain written and oral communications with the Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements, including Government drawings, designs, specifications, monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies, coordinate availability of Government property, and coordinate site entry of Contractor personnel.

1.10 Key Personnel: The following personnel are considered key personnel by the Government: na. The Contractor shall provide a Program/Contract Manager who shall be responsible for the performance of the work. The name of this person and an Alternate Program/Contract Manager, who shall act for the Contractor when the Program/Contract Manager is absent, along with a Curriculum Vitae (CV) for each of these individuals, shall be provided in writing to the Contracting Officer no later than na The Contract Manager and Alternate Contract Manager shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Contract Manager or Alternate Contract Manager shall be available between na. Qualifications for all key personnel are listed below:

a. Contract Manager and Alternate Contract Manager: na

b. Quality Control Manager: na

c. Systems Administrator: na

d. Special Qualifications: Every contractor's employee applying pesticides must be certified as commercial applicators and licensed by the Commonwealth of Pennsylvania for each category required. Photocopies of licensing and certification for each worker will be submitted to the COR within 10 days after award and must be maintained current thereafter.

Each contractor employee will wear distinctive clothing bearing the contractor's trade name in a prominent place on the outer garment. In addition, each employee must wear a visible, contractor-furnished identification badge which will include, as a minimum, a picture of the employee, the full name and signature of the employee, the employee's identification number and the legal name under which the contractor is doing business under this contract.

1.11 Identification of Contractor Employees: All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties must identify themselves, to include proper marking of signature blocks in correspondence, to avoid creating an impression in the minds of members of the public that they are Government officials. The Contractor shall ensure that all documents or reports, produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.12.1 Contractor workspace (staging site, on-site office, desk or work area, etc.) shall contain a sign signifying the space is occupied by Contractor employee(s) to ensure that Government employees and the public know that they are not Government employees. The proposed sign shall be submitted to the Contracting Officer via the COR for review and acceptance na after contract award. Workspace sign location shall be coordinated with the COR. Contractor employees shall identify themselves by name and company affiliation when answering the telephone, presenting briefings, conducting or attending meetings, and seminars. All Contractor correspondence (written, facsimile, and email display) shall include their company name. Requirements for Contractor vehicles is addressed under Part 4 paragraph 4.4.

1.12.2 Contractor Identification Badges: Contractor personnel shall be easily identifiable through the display of badges IAW Contractor Identification (AE Reg. 27-715). (For services at Child, Youth, and School Services where children are present, recommend personnel wear identification when children are present.) Each contractor employee will wear distinctive clothing bearing the contractor's trade name in a prominent place on the outer garment. In addition, each employee must wear a visible, contractor-furnished identification badge which will include, as a minimum, a picture of the employee, the full name and signature of the employee, the employee's identification number and the legal name under which the contractor is doing business under this contract.

1.13 Contractor Travel: The Contractor may be authorized travel expenses at rates no higher than the substantive provisions of the Joint Travel Regulation (JTR), IAW FAR Part 31.205-46, and the limitation of funds specified in this contract. All travel requires Government approval and authorization na prior to scheduled travel.

1.14 Other Direct Costs (ODCs): na

1.15 Data Rights: The Government has unlimited rights to all documents and materials produced under this contract. All documents and materials, to include the source codes of software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership and copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the Contracting Officer. 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.

1.16 Non-Disclosure Requirements: na Performance under this contract may require the Contractor to access data and information proprietary to a Government agency, another Government Contractor, or of such nature that its dissemination or use other than as specified in this work statement would be adverse to the interests of the Government or others. The Contractor and Contractor personnel, shall not divulge or release data or information developed, or obtained under performance of this PWS, except to authorized Government personnel or upon written approval of the Contracting Officer. The Contractor shall not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as specified in this PWS. All documentation showing individual names or other personal information shall be controlled and protected under the provisions of the Privacy Act of 1974, Public Law 93-579, 5 United States Code (U.S.C.) Section 552a.

1.17 Protection of Government and Contract Information: Per Public Use Notice of Limitations stated by Defense imagery Management operations Center and contained at www.dimoc.mil/resources/limitations/ , the Contractor shall not cite any information (e.g., contract information, pictures, locations, etc.) obtained through this contract on any hard copy or digital marketing tools to include its company website.

1.18 Non-Disclosure Statements: The Contractor shall provide signed non-disclosure agreements to the Government no later than na prior to commencement of work under the contract. Disclosure of information by Contractor personnel may result in removal of Contractor personnel from performance under this contract.

1.19 Organizational Conflict of Interest (OCI): Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent OCI as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI PANAPG-25-P-028425. The Contractor’s OCI Mitigation Plan will be determined to be acceptable solely at the discretion of the Contracting Officer. In the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.20 Phase In /Phase Out Period: To minimize decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on board, during the na phase in/ phase out periods. During the phase in period, the Contractor shall become familiar with performance requirements in order to commence full performance of services on the contract start date.

1.21 Safety: The following provides information pertaining to Safety and Accident Prevention:

Refer to CONTRACTOR SAFETY STANDARDS FOR TYAD

1.21.1 Safety Laws and Regulations: The Contractor shall comply with FAR 52.236-13, Accident Prevention (November 1991), the references contained therein (e.g. U.S. Army Corps of Engineers Safety and Health Requirements Manual (EM 385-1-1)).

The requirements under FAR 52.236-13 and specifically of the EM 385-1-1 include, but are not limited to the following:

(a) Before initiation of work at the job site, an Accident Prevention Plan, written by the Contractor for the specific work and hazards of the contract and implementing in detail the pertinent requirements of EM 385-1-1; will be reviewed for acceptance by designated Government personnel PANAPG-25-P-028425. Specific requirements for development of the Accident Prevention Plan are found in 01.A and Appendix A of EM 385-1-1. EM 385-1-1 is available online at www.usace.army.mil.

(b) Before beginning each activity involving a type of work presenting hazards not experienced in previous project operations or where a new work crew or subcontractor is to perform work, activity hazard analysis (AHA) shall be prepared by the Contractor performing the work activity (See paragraph 01.a.09 of EM 385-1-1);

(c) The Contractor shall require subcontractors to submit their plan of operations showing methods they propose to use in accomplishing major phases of work;

(d) The Contractor shall discuss the plans in conferences convened by the Contracting Officer prior to starting work on each major phase of operation. Plans shall include all pertinent information such as layout of haul roads, access roads, storage areas, electrical distribution lines, methods of providing minimum exposure to overhead loads, and methods of access to work areas. The plan for accomplishing the initial work phase shall be submitted within fifteen (15) calendar days after award of the contract. Plans for subsequent major phases of work shall be submitted no later than fifteen (15) calendar days prior to initiation of work on each major phase; and

(e) In all areas where construction, demolition, alteration, building, or similar related activities take place, the Contractor shall have the following minimum personal protective clothing and equipment requirements in place for any person working on or visiting the site:

(i) Short sleeve shirt;

(ii) Long trousers;

(iii) Steel-toed safety boots; and

(iv) Hard hat.

1.21.1.1 In addition to other requirements for accident prevention specified in this contract, the Contractor shall comply with all Federal and State requirements governing safety and health protection on construction sites and other applicable occupational safety codes.

The Contractor shall indicate its plan for compliance considering conditions of the work described by the design, technical proposal, operational activities of the Government or others in the area of the work, identification of the coordinator, and implementation of all other accident prevention provisions of this contract. The contractor and all personnel provided by the contractor must adhere to applicable portions of the following public laws and government publications:

FEDERAL REGULATIONS AND MANUALS:

Public Law 91-190. National Environmental Policy Act of 1969.

Public Law 91-596. Occupational Safety and Health Act of 1970.

Public Law 92-516. Federal Insecticide, Fungicide and Rodenticide Act, as amended, of 1972.

Public Law 93-205. Endangered Species Act of 1973.

Public Law 94-580. Resource Conservation and Recovery Act of 1976.

Public Law 104-170. Food Quality Protection Act of 1996.

Executive Order 11643, Environmental Safeguards, 8 Feb 72.

Executive Order, 11752, Prevention, Control and Abatement of Environmental Pollution at Federal Installations, 17 Dec 73.

Department of Defense Directive 500.7, Standards of Conduct.

Department of Defense Instruction 4150.7, 22 Apr 96

Department of Defense Plan 4150.7-P, DoD Plan for the Certification of Pesticide Applicators, September 1996.

Department of Defense Manual 4150.7-M, DoD Pest Management Training and Certification, April 1997.

Armed Forces Pest Management Board Technical Information Memorandum No. 14, Protective Equipment for Pest Management Personnel, 1992. See: http://www.afpmb.org/pubs/tims/tim14.pdf

Armed Forces Pest Management Board Technical Information Memorandum No. 15, Pesticide Spill Prevention and Management, 1981.

ARMY REGULATIONS.

Army Regulation 200-1, Environmental Protection and Enhancement.

Army Regulation 385-101, Army Safety Program.

INSTALLATION REGULATIONS AND PUBLICATIONS.

Installation Pest Management Plan.

Installation Spill Contingency Plan.

Installation Spill Prevention, Control and Countermeasures Plan.

STATE REGULATIONS.

Pennsylvania Pesticide Control Act of 1973, as amended.

TECHNICAL MANUALS.

Corps of Engineers Manual EM 385-1-1, Safety and Health Requirements.

1.21.1.2 The Contractor shall complete and provide safety notifications required na and will provide documented proof to the Contracting Officer via the COR, no later than (na) that such notifications were made.

1.22 Environmental Compliance: The following provides information on Environmental Compliance.

1.22.1 Environmental Compliance Plan and Program: Refer to National Environmental Policy Act (NEPA Standards

CHEMICAL TREATMENTS. If treatments are directed or required, chemical treatments and/or control methods may be utilized only when satisfactory non-chemical methods or treatments do not exist, or when the use of non-chemical methods/treatments would not provide the degree of control required.

PESTICIDE USAGE. All pesticides must be procured, processed, handled and applied in strict accordance with the manufacturer's label which must be registered with the U.S. Environmental Protection Agency (EPA) and the Pennsylvania Department of Agriculture for enforcement of the FIFRA.

Pesticide misuse which includes use inconsistent with the label is a violation of Federal Law. In accordance with DoD policy, TYAD personnel will record and report any instances of pesticide misuse and falsification of records by contractors to the Commonwealth of Pennsylvania. Furthermore, TYAD personnel will cooperate with the Commonwealth of Pennsylvania and the U.S. EPA in any subsequent investigation or actions.

All pesticides proposed for use on the installation must be approved for use by the Pest Manager in conjunction with consultation with the IPMC, and must be registered with the U.S. EPA and Commonwealth of Pennsylvania for the intended use. The contractor will not apply any chemical pesticide or fumigant without prior written approval from the Contracting Officer for each chemical pesticide or fumigant.

Legible copies of container labels and SDS for the pesticides proposed for use will be submitted to the Pest Manager for approval prior to use/acquisition.

Pesticides that have been suspended or canceled by the U.S. EPA must be used only as described in the suspension or cancellation order and will not be used after the date indicated on that order.

Chemical measures will not be performed on or near federal or state protected or endangered species.

All pesticides must be mixed prior to entering onto government property. In addition, pesticides, pesticide mixtures and contractor equipment and supplies will not be stored overnight on the installation. Mixing operations will not be performed on the installation.

The contractor will dispose of all pesticides, pesticide contaminated residues and pesticide containers in accordance with the appropriate label directions and regulatory requirements, and may reuse rinse water from pesticide equipment and containers in follow-on pest control operations. Pesticide contaminated materials will not be disposed of on the installation. Pesticide contaminated rinse water will not be emptied into the sewer system, nor disposed of on government property.

The contractor will apply pesticides in a manner that prevents exposure of personnel, pets, wildlife, ornamental plants and grasses, bees and other non-target environmental components to toxic materials. Pesticides will not be applied outdoors during or immediately following rain, or when the threat of inclement weather exists, unless required by the application procedures. If pesticide application is creating or may pose a hazard or threat to personnel or the environment, the contractor must stop work.

“The Contractor shall clean up at its own expense any contamination, including soil and ground water contamination caused by hazardous materials/substances brought onto Tobyhanna Army Depot, or by his activities. The Contractor must immediately report any hazardous substance spills to x911.

1.23 Required Training: The following provides information on training requirements.

1.23.1 Anti-Terrorism (AT) Level I Training: All Contractor employees, including subcontractor employees, who are employed under the contract, shall complete AT Level I Training within 30 days as required on the AT/OPSEC Cover Sheet after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or 30 days after employment of new personnel. Contractor personnel travelling overseas shall complete area of responsibility (AOR) specific AT awareness training for U.S. based Contractor employees and associated subcontractor employees. 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 5 days after completion of this training by all employees and subcontractor personnel. AT Level I awareness training is available at https://jkodirect.jten.mil. Contractor personnel shall complete refresher training every twelve (12) months except AOR specific AT Level I training which shall be completed as required by local AT policies

If training cannot be conducted on the website, the Contractor shall coordinate with the COR who will contact the local AT Officer at their assigned location for classroom training. Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the AT Officer. Verification of the training shall be provided to the COR within 5 days after completion of the training.

1.23.2 OPSEC Training: All Contractor employees, including subcontractors, shall complete Level I OPSEC training within 30 days of employment under this contract. Verification of the training shall be provided to the COR within 5 days after completion of the training. OPSEC Level I training is available at http://www.cdse.edu/catalog/elearning/GS130.html. Contractor personnel must complete refresher training every 12 months. Verification of the training shall be provided to the COR within 5 days after completion of the training.

If training cannot be conducted on the website, the Contractor shall coordinate with the COR, who will contact the local OPSEC Officer at their assigned location for classroom training. Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the OPSEC Officer. Verification of the training shall be provided to the COR within 5 days after completion of the training.

1.23.3 iWATCH Training: The Contractor and all associated subcontractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). 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 COR. This training shall be completed within 30 days after the contract is awarded and within 30 days after new employees commence contract performance, with the results reported to the COR within 5 days after the contract is awarded and within 5 days after new employees commence contract performance. Verification of the training shall be provided to the COR within 5 days after completion of the training. Training slides can be found on the Army OneSource we site: http://www.myarmyonesource.com/familyprogramsandservices/iwatchprogram/default.aspx

1.23.4 Information Assurance (IA) Training

1.23.4.1 All Contractor employees, including subcontractors, requiring access to Government information systems shall complete the DoD IA Cyber Awareness Training within na after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or na after employment of new personnel. Verification of the training shall be provided to the COR within na after completion of the training.

1.23.4.2 All Contractor employees, including subcontractors, working information technology (IT)/IA functions shall comply with DoD and Army training requirements per Information Assurance Training Certification and Workforce Management DoD Directive (DoDD) 8570.01, Information Assurance Workforce Improvement Program DoD 8570.01-M, and Information Assurance AR 25-2 within thirty (30) calendar days of employment. Training is available at https://ia.signal.army.mil/DoDIAA/default.asp .

1.23.4.3 All Contractor employees, including subcontractors, performing services under this contract with access to a Government information system must be registered in the Army Training Certification Tracking System (ATCTS), the web address is p (requires CAC to access. Verification of registration shall be provided to the COR within na after registration. Contractor personnel must complete refresher training every twelve (12) months. Verification of the training shall be provided to the COR within na after completion of the training.

1.23.5 Personally Identifiable Information (PII): Contractor employees, including subcontractors, performing services under this contract with access to PII and Government information shall complete “Identifying and Safeguarding PII” within 30 calendar days of employment. Contractor personnel shall complete refresher training every twelve (12) months from initial completion. The Contractor shall provide the COR a copy of the training certificates for its employees no later than five (5) days after completion na. Training is available at http://iatraining.disa.mil/eta/piiv2/launchPage.html

1.24 Authorization to Perform Services in Germany NA

1.24.1 Contractors performing services in the Federal Republic of Germany (FRG) shall comply with German law. The Contractor shall determine whether performance requires registration with German authorities or authorization to do business in Germany and, if so, shall comply with all requirements. Whether or not registration or authorization to do business is required, the Contractor shall determine what documents or authorization its employees and any subcontractor employees must possess to work in Germany. The Contractor shall ensure affirmatively that its employees and subcontractor employees possess such documents or authorizations.

1.24.2 Contractor employees who: (a) are not nationals of Germany or other European Union countries; (b) are not members of the force, the civilian component or their dependents; or c) do not have assimilated status under Articles 71, 72, or 73 of the Supplementary Agreement to the North Atlantic Treaty Organisation Status of Forces Agreement shall possess work and residence permits.

1.24.3 By acceptance of and performance under this contract, the Contractor affirms that it has complied with the requirements above. Compliance with this requirement and German law is a material contract requirement. Noncompliance by the Contractor or subcontractor at any tier shall be grounds for issuing a negative past performance evaluation and terminating this contract for default.

1.25 Notice to Proceed: The notice to proceed will be provided as indicated below.

1.26 Electromagnetic Compatibility Directive: na The Contractor certifies that all electrical and electronic equipment and appliances furnished are in compliance with the Electromagnetic Compatibility Directive 2014/30/EU. For radio transmitting and telecommunication devices furnished in the FRG, the Contractor certifies that all such items have been approved by the Bundesamt fuer Zulassungen. Any penalties for noncompliance imposed by the Government of the European country where the equipment or appliances are delivered or product liability claims caused by interference generated by furnished appliances or equipment are solely the responsibility of the Contractor.

1.27 Government Property and Services: Refer to Part 3 of this PWS for Government property (GP) for this contract. For all issued GP for this contract, the Contractor shall submit a Property Management Plan to the Contracting Officer and the Property Administrator via the COR within na after date of contract award. The plan shall address the requirements as listed in

1.28 Conventional Forces Europe (CFE) Treaty Verification Inspection: na Contractor-owned or controlled structures and containers located on U.S. Government installations are subject to short-notice inspections by CFE treaty inspection teams. The Government will endeavor to provide the Contractor as much notice as possible in the event of such inspections. The contractor shall provide access to such structures and containers at the request of the Government. The Contractor shall report such inspections to the KO through the COR in writing within ten (10) calendar days of completion of the inspection. Contractor-owned or controlled structures and/or containers on U.S. installations may have to be inspected to comply with the CFE treaty even if Contractor personnel are unavailable to provide access.