Draft_Performance_Work_Statement.pdf

FA4819-18-R-5004

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PERFORMANCE WORK STATEMENT

FOR

EMERGENCY RESPONSE SERVICES

AT

TYNDALL AFB, FL

23 April 2018

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Emergency Response Services

Table of Contents

1.0 SECTION I: DESCRIPTION OF SERVICES

1.1 General Scope

1.2 Background

1.3 Inherently Governmental Function

1.4 Period of Performance

1.5 Place of Performance

1.6 Specific Tasks

1.7 Minimum Qualifications

1.8 Contractor Manpower Reporting Application

1.9 Data

1.10 Inspection

2.0 SECTION II: SERVICE SUMMARY

2.1 General

2.2 Performance Evaluation

2.3 Government Quality Assurance

2.4 Performance Assessment

2.5 Quarterly Progress Meetings

2.6 Contracting Officer’s Representative

2.7 Contractor’s Performance

3.0 SECTION III: GOVERNMENT FURNISHED PROPERTY and SERVICES

3.1 Government Furnished Services

3.2 Government Furnished Facilities

3.3 Contractor Furnished Property and Services

4.0 SECTION IV: GENERAL INFORMATION

4.1 Hours of Operation

4.2 Contractor Personnel

4.3 Continuation of Essential DoD Contractor Services During Crisis

4.4 Conservation of Utilities

4.5 Environmental Protection

4.6 Miscellaneous Paragraph

4.7 Security

4.8 Safety

5.0 SECTION V APPENDICES & EXHIBITS

APPENDIX 1 Definitions, Abbreviations, and Acronyms

APPENDIX 2 Applicable Publications and Forms

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SECTION I

1.0 DESCRIPTION OF SERVICES

1.1 General. This is a non-personnel services contract to provide Emergency Response Services. The government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the contractor who, in turn is responsible to the government.

1.1.1 Description of Services/Objectives. The contractor shall provide all management, personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform emergency response services as defined in this Performance Work

Statement (PWS) except for those items specified as Government Furnished Property and services. The contractor shall perform to the standards in this contract. This includes the planning, coordination, and surveillance of the activities necessary to ensure disciplined work performance and timely resources application to accomplish all tasking under the contract. The contractor shall be responsible for maintaining communication with the contracting officer (CO) and the contracting officer’s representative

(COR), and to immediately notify both the CO and the COR of any problems that would prevent timely performance of this contract. The contractor is responsible for and required to implement, and maintain management control systems necessary to plan, organize, direct, and control all activities under this contract.

1.2 Background. The contractor shall provide all manpower, equipment, supplies, oversight and management, record keeping and administration for the services necessary to support emergency and non-emergency response and cleanup activities related to spills and accidental discharges of hazardous and non-hazardous materials. All work performed by the contractor shall be performed in accordance with all applicable laws, regulations, Headquarters Air Force standards, instructions, and commercial practices.

1.3 Inherently Governmental Function. The contractor shall not perform inherently governmental functions as defined in FAR Subpart 7.5 in relationship to this PWS.

1.4 Period of Performance. This is a five year contract with 1 basic year and 4 12-month option years.

1.5 Place of Performance. The contractor shall perform the services in the PWS at Tyndall Air Force

Base, FL.

1.6. Specific Tasks.

1.6.1. The contractor shall address emergency and non-emergency response and cleanup activities related to spills and accidental discharges of hazardous and non-hazardous materials, including but not limited to, various petroleum products, oils and lubricants, cooling fluids, solvents, paint, raw sewage, industrial or sewage sludge’s, and possibly other material or waste.

1.6.1.1. Spills and accidental discharges can be onto the ground, into the water, into the sewer system, onto paved surfaces, and into containment areas on Tyndall AFB, including the waters adjacent to the Base. Waterways possibly impacted could include any of the storm water

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(inclusive of East Bay) and the Gulf of Mexico.

1.6.2. The contractor shall provide turn-key response, cleanup including installation and sampling of temporary groundwater monitoring well and waste disposal services to these incidents on an as-needed basis.

1.6.3. Spills of petroleum products onto the ground, into surface water, into the sanitary sewer, and spills of raw sewage from the sanitary sewer are probably the most common (but not only) emergency incidents the contractor could be called to respond to at Tyndall AFB. The materials involved and location of non-emergency incidents is more diverse, and an immediate response by the contractor will not be required for non-emergency incidents.

1.6.4. In an emergency, a knowledgeable Contractor’s representative with experience in a broad range of typical hazardous material spill response and clean-up activities must be able to respond and be on

Tyndall AFB within two hours of receiving a request to respond. As needed and requested by Tyndall, the contractor must then be able to mobilize appropriate manpower and equipment resources to respond to the incident. Appropriate training for individuals involved in a response, cleanup or disposal activity shall be in compliance with all applicable local, state or Federal regulations.

1.6.5. A specific request to initiate these services will be made by the 325 Contracting Squadron

Contracting Officer or by a limited number of other Tyndall representatives authorized in writing to do so by the 325 Contracting Squadron. Except in emergencies, the contractor will be provided with a brief written scope of services needed by Tyndall and will respond with a not-to-exceed-cost based on the information available at that time. The actual fees paid will be based on time and materials actually provided by the contractor. When a monetary cap has been set for a particular task, the contractor cannot exceed that monetary cap without specific authorization from the Contracting Officer or their authorized representative.

1.6.6. As needed, the contractor shall provide sampling and analytical services and installation (including sampling and report) of temporary groundwater wells.

1.6.6.1. Temporary monitoring well will be installed in accordance with American Society for

Testing and Materials (ATSM) Method D6725-04(2010).

1.6.6.2. A Driller licensed in the State of Florida will install the temporary wells.

1.6.6.3. Groundwater samples will be collected in accordance with DEP-SOP-001/01 FS 2200

Groundwater Sampling.

1.6.6.4. The temporary monitoring well will be constructed of new and unused 1-inch diameter

Schedule 40 PVC s casing with slotted pre-packed screens.

1.6.6.5. The well screen will be installed to a depth sufficient the “straddle” the water table surface.

1.6.6.6. After groundwater samples are collected, the temporary well casing will be removed from the borehole; the borehole will be backfilled with 3 feet of hydrated bentonite, then backfilled to near ground surface using soil that has not been in contact with groundwater. A down-hole hammer will be used to compact soil in the borehole. The borehole will be capped with 2 feet of concrete that is flush with the ground surface.

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1.6.6.7. Groundwater in the temporary groundwater monitoring well shall be collected after the well has been in place for an hour. Three casing volumes of groundwater shall be removed using peristaltic pump before collecting samples.

1.6.6.8. Purge water and decontamination water shall be placed in Department of Transportation

(DOT)-approved 55-gallon drums.

Field personnel shall label the drums identifying them as well purge water and shall include the date, well number, firm, and signature of the personnel. Drums containing sample purge water shall be handled and disposed of in accordance state and federal regulations. All field data and analytical results shall be provide to the base environmental office, including scaled site map depicting temporary monitoring well location.

1.6.7. The contractor shall be responsible for any and all necessary cleanup actions and costs associated with spills or releases caused by the contractor or leaks from the contractor’s equipment.

1.6.8. As needed, the contractor shall provide sampling and analytical services and installation (including sampling and report) of temporary groundwater wells.

1.6.9. Transportation

1.6.9.1. Hazardous waste and materials shall be transported in DOT approved containers in a truck with a closed van body. Stake body trucks or towed trailers may not be used to transport hazardous waste.

16.9.2. Containerized hazardous waste shall meet pre-transport, manifest, and placard requirements prior to leaving the base.

1.6.9.3. Transport of all materials and wastes, hazardous or not, shall at all times be in compliance with applicable local, state and Federal regulations.

1.6.9.4. The contractor shall be responsible for transportation and disposal of all hazardous waste at an

EPA approved treatment, storage, disposal facility (TSDF).

1.6.9.4.1. The transportation and disposal facilities shall be approved by 325 CES/CEIEC prior to their use.

1.6.9.4.2. Manifests shall be signed only by 325 CES/CEIEC.

1.6.9.4.3. Drums shall be disposed of within 90 days of placing the first drop in the container.

1.6.10. Response Time Requirements

1.6.10.1. The contractor must be able to respond to an emergency situation with experienced staff within two hours from being notified. An initial complement of appropriate equipment must respond and be on-site within two hours from the initial notification.

1.6.10.2. The government will make every effort to provide the contractor with as much specific information as possible regarding the emergency and associated circumstances. However, it will be the

Contractor’s ultimate responsibility to ensure sufficient resources are made available as quickly as possible on the basis of their experience and the information provided and/or observed.

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1.6.10.3. The Contractor’s representative to first arrive in response to a request from Tyndall must be knowledgeable of emergency response procedures with training and experience in a broad range of typical hazardous material spill response activities. As needed and requested by Tyndall, the contractor must then mobilize appropriate manpower and equipment resources to respond to the incident in the minimum amount of time possible.

1.6.10.4. In response to Base “spill drills” and exercises (simulated spills and response), the contractor will typically be asked to send only the knowledgeable Contractor’s representative with no equipment required. This person may then be asked to participate in the exercise until such time as it concludes.

The response time for arrival at Tyndall for an exercise remains two hours from the time a request is made.

1.6.10.5. In a non-emergency situation, the Contractor will be provided with a written scope of services and will be invited to visit Tyndall to observe the task at hand before submitting a written approach and cost proposal. Contractor response times for non-emergency situations will be driven by the nature of the task and importance of mitigating additional damage that might occur with prolonged delays.

1.6.11. Follow the Preparedeness for Response Exercise Program (PREP)

1.6.11.1. The Contractor shall follow the national Preparedness for Response Exercise Program (PREP) which was developed in order to establish a workable exercise program that meets the intent of section

4202(a) of the Oil Pollution Act of 1990 (OPA 90).

1.6.11.2. The PREP is a unified federal effort and satisfies requirements of the Coast Guard, EPA, Research and Special Programs Administration (RSPA) and the Minerals Management Service (MMS).

1.6.11.3. Completion of the PREP exercises will satisfy all OPA 90 mandated federal oil pollution response exercise requirements.

1.6.11.4. Oil Spill Removal Organization (OSRO) personnel involved in equipment deployment exercises must be included in a comprehensive training program.

1.6.11.5. In accordance with, 40 CFR Part 112, the response resources shall, as appropriate, include:

1.6.11.5.1. 1,000 feet of contaminant boom, or for complexes with marine transfer components

1.6.11.5.2. 1,000 feet of contaminant boom or two times the length of the largest vessel that regularly conducts oil transfers to or from the facility, whichever is greater

1.6.11.5.3. Means of deploying it within 1 hour of the discovery of a spill

1.6.11.6. Oil recovery devices with an effective daily recovery capacity equal to the amount of oil discharged in a small discharge or greater which is available at the facility with 2 hours of the detection of an oil discharge.

1.6.11.7. The Contractor is expected to exercise its best efforts, with regards to their own safety. They should be wearing their PPE and following the guidance listed in their site specific Health and Safety Plan

(HASP). Other safety precautions that are specific to the chemicals and or situation should be followed at all times. This includes; during the exercises to clean up, mitigate, contain, transport and dispose of the released materials.

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1.6.11.8. All of the related processes should be done in accordance with the appropriate Federal, State and

Local regulations that preside over the handling, storage and removal of oil.

1.6.11.9. The OSRO should have the capabilities and agreements to contact a 3rd party if additional personnel are needed.

1.7 Minimum Qualifications.

1.7.1. The contractor must have experience and expertise in emergency response and cleanup actions regarding spills and accidental discharge of hazardous and non-hazardous materials, including experience and capabilities for proper waste disposal from spills and accidental discharges.

1.7.2. The contractor’s experience and expertise for response and cleanup efforts must include spills and discharges onto the ground, into the water, into the sewer, or a combination of these locations as well as the installation and sampling of temporary groundwater monitoring wells.

1.7.3. The contractor must also provide for compliant handling and transport of hazardous and non-hazardous wastes that might be accumulated or generated in the course of a cleanup task.

1.7.4. The Contractor must ensure that all applicable permits, licenses, insurance and identification numbers have been obtained and are current pursuant to the requirements of the United States

Environmental Protection Agency (EPA), United States Coast Guard, State of Florida Department of the

Environmental Protection (FDEP), and US Department of Transportation.

1.7.5. The contractor shall make applicable permits available upon request throughout the term of the

1.7.6. The contractor shall ensure that personnel have received required training and certification in accordance with 29 CFR 1910.120, 40 CFR 265.16, and 49 CFR parts 172 and 173. Current copies of training certificates shall be available at all times while the contractor is on Tyndall AFB.

1.7.7. The contractor shall also provide, implement and enforce a safety plan for their employees that is, at a minimum, compliant with all safety regulations applicable under Occupational Safety and Health

Administration regulations.

1.7.8. Privacy Act Program. The contractor shall comply with DoD 5400.11-R, The Privacy Act Program requirements and Air Force Instruction 33-332. The regulation sets mandatory guidelines for collecting, safeguarding, maintaining, using, accessing, amending and disseminating personal information kept in systems of records to comply with the Privacy Act, Title 5, United States Code (U.S.C.), Section 552a.

1.8. Contractor Manpower Reporting Application (eCMRA).

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via the secure data collection site (i.e. eCMRA).

The contractor shall register in eCMRA within 30 days of contract award. The contractor is required to completely fill in all required data fields using the following web address http://www.ecmra.mil.

Reporting inputs will be for the labor executed during the period of performance during each government fiscal year (FY), which runs 1 October through 30 September. While inputs may be reported any time during the FY, all data shall be reported no later than 31 October of each calendar year. Contractors may direct questions to the above eCMRA help desk.

http://www.ecmra.mil/

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Information from the secure web site is considered to be proprietary in nature when the contract number and contractor identity are associated with the direct labor hours and direct labor dollars. At no time will any data be released to the public with the contractor name and contract number associated with the data.

Data for Air Force service requirements must be input at the Air Force eCMRA link. However, user manuals for government personnel and contractors are available at the eCMRA link at http://www.ecmra.mil.

1.9. Data. The government has unlimited rights to all deliverables of this contract.

1.10. Inspection. Deliverables will be inspected by the government within [Insert number of days] workdays of receipt. Progress meetings may be held as required.

http://www.ecmra.mil/

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SECTION II

2.0 Service Summary (SS)

2.1 General

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success but do not represent all contract performance requirements. All contract performance requirements in this PWS will be monitored.

2.2 Performance Evaluation

Performance of a service shall be evaluated to determine whether or not it meets the performance requirements of this contract. Re-performance of unacceptable services at no additional cost is the preferred course of action when appropriate. In the case of issued Corrective Action Reports (CARs), the

Contracting Officer shall take appropriate measures according to inspection of services clause in the contract, i.e., FAR 52.246-4, 52.246-5, or 52.212-4(a).

SS

Performance Objective

(The Service required— usually a shall statement)

PWS

Paragraph

Performance Threshold (This is the maximum error rate. It could possibly be

“Zero deviation from standard”)

Rating Criteria

(Establish rating criteria based on performance threshold. Below are examples. Adjust according to the acquisition. Helpful with

CPARs ratings, if applicable)

Quality

The Contractor shall provide perform base spill exercises

Zero deviation from standard 100% Compliant

The Contractor shall respond to emergencies and conduct appropriate cleanup actions

5 Zero deviation from standard 100% Compliant

The Contractor shall provide vehicles, equipment and supplies to perform required actions

Zero deviation from standard 100% Compliant

The Contractor shall submit documents: Waste

Disposal Manifest, Sampling and Analysis

Results, Licenses and

Permits

Zero deviation from standard t

100% Compliant

The contractor shall report ALL contractor 1.8

The contractor shall completely fill in all

100% = Satisfactory

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2.3 Government Quality Assurance. The government shall inspect and evaluate the contractors’ performance to ensure services are received in accordance with requirements set forth in this contract.

The COR will use the contractor’s work schedule, or modified version thereof, to record validation results. Results of the validation then becomes the official Air Force record of the contractor’s performance. Government surveillance of tasks not listed in the PWS or by methods other than those listed in the PWS (such as provided for by the Inspection of Services clause) may occur during the performance period of this contract. Such surveillance will be done according to standard inspection procedures or other contract provisions. Any action taken by the CO as a result of surveillance will be according to the terms of this contract.

2.3.1 The government will periodically evaluate the contractor’s performance in accordance with the Quality Assurance Surveillance Plan (QASP). The government may inspect each task as completed and increase the number of quality assurance inspections if deemed appropriate because of repeated failures discovered during surveillance inspections or because of repeated customer complaints. Likewise, the government may decrease the number of quality assurance inspections if performance dictates.

2.3.2 When an observation indicates defective performance, the COR will require the contract manager or representative at the site to initial the observation. The initialing of the observation does not necessarily constitute concurrence with the observation, only acknowledgment that he or she has been made aware of the defective performance. When a performance threshold has not been met or contractor performance has not been accomplished, the COR will initiate and provide the CO a CAR for issuance to the contactor. The contractor shall respond to the CAR IAW instructions provided and return it to the CO within 10 calendar days of receipt.

2.4 Performance Assessment.

2.4.1 Periodic Surveillance. This method requires the COR to employ a “spot check” style of evaluation based on the contractor’s services. Periodic surveillance will be conducted on a scheduled basis (daily, weekly, monthly, quarterly, semi-annual or annually) and may be adjusted, based on quality trends.

2.4.2 Customer Complaints. The COR will receive and investigate all complaints. The COR shall be responsible for validating customer complaints. The CO shall make final determination of the validity of customer complaint(s) in cases of disagreement with the COR and the contractor. Validated customer complaints shall be corrected within 2 hours of notification. CO will validate corrective action.

2.4.3 Review of Audits. COR reviews results of the contractor’s accepted quality management system audits and related quality metrics.

2.4.4 100 Percent Inspection. This method requires the COR to do 100 percent inspection on all task performed. Appropriate for tasks that occur infrequently. Usually only deals with Safety and/or Security, unless mandated by an Air Force Instruction (AFI) or industry standard.

labor hours (including subcontractor labor hours) required for performance of services provided under this contract via http://www.ecmra.mil.

required data fields using the following web address http://www.ecmra.mil. All data shall be reported no later than October 31 of each calendar year.

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2.5 Quarterly Progress Meetings. The CO, Program Manager (PM), Functional Services Manager

(FMS), COR, other government personnel as appropriate, and the contractor shall meet quarterly to discuss the contractor’s performance.

The following issues, at a minimum, shall be discussed:

- Opportunities to improve the contract,

- Any modifications required of the contract,

- Unsatisfactory inspections,

- Valid customer complaints against each performance objective observed, and

- Steps taken by the contractor to prevent occurrences in the future.

The contractor shall provide a summation of unsatisfactory inspections and customer complaints and provide insight into any identified trends.

2.5.1 The minutes of these meetings will be reduced to writing, signed by the CO and any other signatures as deemed appropriate, distributed to the functional area and the contractor. Should the contractor not concur with the minutes, the contractor will provide a written notification within 5 working days to the CO identifying areas of non-concurrence for resolution.

2.6 Contracting Officer Representative (COR). CORs are representatives of the CO and will participate in the administration of this contract. After award of the contract, the contractor will be provided a letter identifying the COR and setting forth their duties and authorities. The COR is not authorized to change any of the terms and conditions of the contract/task order.

2.6.1 Multifunction Team (MFT). The contractor’s manager with the CO, Contract Administrator (CA), COR, and other government personnel shall meet on a regular basis. The MFT will establish how often meetings are needed based on contract complexity. The contractor may request a meeting with the CO when the contractor believes such a meeting is necessary. If the CO or CA deems necessary, written minutes of any such meetings shall be recorded by the CA in the contract file and signed by the PM and the CO or CA. If the contractor does not concur with any portion of the minutes, such nonoccurrence shall be provided in writing to the CO within 10 calendar days following receipt of the minutes.

2.7 Contractor’s Performance. The government assesses a contractor’s performance on an on-going basis, both positive and negative, and provides a record on a given contract during a specified period of time.

2.7.1 Past Performance Information (PPI). PPI can be provided to other government agencies, as requested.

2.7.2 Contractor Performance Assessment Report (CPARS). Depending on the estimated value of the contract, formal assessment and reporting of contractor performance is documented using the CPARS system. The contractor will be provided a copy of their assessment 365 days from contract award. The contractor shall have 60 days to review and submit comments for the evaluation activity’s consideration before the assessment is made final. Past Performance assessment reports will be protected by all parties and treated by government personnel as “For Official Use Only/Source Selection Information in accordance with FAR 2.101 and 3.104”.

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SECTION III

3.0 GOVERNMENT FURNISHED PROPERTY AND SERVICES

3.1. Government Furnished Services (Base Support). The government will provide the following:

3.1.1. Emergency Medical Services. Tyndall AFB will provide base ambulance service for transporting an injured employee to a local hospital on a cost reimbursement basis. All mishaps will be promptly reported to the base safety office through the COR.

3.1.2. Security Police and Fire Protection. Phone number for Security Forces Squadron, [Insert local Security Forces Squadron’s number]; Fire Protection, 911.

3.2 Government Facilities. None will be provided.

3.3 Contractor Furnished Property and Services. Except for those items or services specifically stated to be government-furnished in Section III and any appendixes, the contractor shall furnish everything required to perform this contract in accordance with all of its terms.

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SECTION IV

4.0 GENERAL INFORMATION

4.1. Hours of Operation. There are no normal Hours of Operation for this contract. It is based on an on-call schedule for exercises or emergencies.

4.1.1 Recognized Holidays.

New Year’s Day Labor Day

Martin Luther King Jr.’s Birthday Columbus Day

President’s Day Veteran’s Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

*If the holiday falls on a Saturday, it will be observed on the preceding Friday. If the holiday falls on

Sunday, it will be observed on the following Monday.

4.2. Contract Personnel

4.2.1. Contract Manager (CM). The contractor shall provide a contract manager and alternate(s) who are knowledgeable of emergency response services. The contractor shall submit the name, address, telephone number and a resume of the CM to the CO within 2 days of contract start date. The list shall be kept current throughout the life of the contract. The CM or alternate(s) shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The CM or alternate(s) shall be available within 3 hours to meet on the installation with government personnel designated by the CO to discuss problem areas. The CM and alternate(s) shall be able to read, write, and speak English. The

CM shall be able to effectively communicate with contractor employees.

4.2.1.1. Personnel Roster. The contractor may be required to provide a personnel roster consisting of names and other pertinent personnel data to the requiring activity for the purposes of 100% accountability real-world and exercise situations. The personnel roster shall be updated as individuals are removed and added.

4.2.2. Contractor Employees:

4.2.2.1. Certifications. Contractor employees shall have current and valid professional certifications and licenses required to perform the work in this PWS, prior to contract award. All certification and licensing requirements by Federal, State, and local agencies shall be complied with at the contractor's expense.

4.2.2.2. Contractor Qualifications. The contractor shall utilize employees possessing adequate training, skills, and knowledge to perform the requirements of this contract.

4.2.2.3. Employee Training. The contractor shall give all training required to meet requirements of the PWS unless otherwise specified within the PWS or as otherwise approved by the CO. The contractor shall maintain training and experience records for each employee during the period of this contract that reflect sufficient personnel are qualified to accomplish all tasks required by this contract.

Provide status of employee training upon the government’s request.

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4.2.2.4. English Language. Employees who deal directly with customers will be required to communicate clearly and concisely with the customers in English. This requirement is strictly for the purpose of efficiently performing the contract tasks.

4.2.3. Use of Government Employees.

The contractor shall not employ any person who is an employee of the U.S. Government if employing that person would create a conflict of interest. In addition, the contractor shall not employ any person who is an employee of the Department of the Defense if such employment would be contrary to the policies contained in AFI 64-106, Chapter 1, Industrial Labor Relations Activities.

4.2.3.1 Employment of Spouses/Dependents. The contractor shall not employ any person who is a spouse or dependent child of a Department of Defense employee (either military or civilian) when such employee would be placed in a conflict of interest or appearance of a conflict of interest by virtue of such employment.

4.2.3.2. Off-duty Military Personnel. The contractor is cautioned that off-duty active military personnel hired under this contract may be subject to permanent change of station, change in duty hours, or deployment. Military Reservists and National Guard members may be subject to reorder to active duty.

The abrupt absence of these personnel could adversely affect the contractor's ability to perform.

However, their absence at any time shall not constitute an excuse for nonperformance under this contract.

4.2.3.3. Identification of Contractor Employees. All contract personnel attending meetings, answering government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

4.2.3.1. Personal Conflict of Interest (PCI). The term "PCI" means that a contractor employee assigned to the contract has interests which (i) may diminish his/her capacity to give impartial, technically sound, objective assistance and advice in performing this contract, (ii) may otherwise result in a biased work product under this contract, or (iii) may result in an unfair competitive advantage. Any potential instance of PCI must be reported to the CO immediately.

4.2.3.2. Privately Owned Vehicles. Each contractor employee driving a privately owned vehicle on the installation must carry minimum liability insurance as required by the state. Contractor employees shall adhere to all posted speed limits and shall not use hand-held cellular telephones while driving on the installation for phone calls or texting. Use of seatbelts is mandatory. Any contractor employee cited for driving under the influence will have their driving privileges immediately revoked for a period to be determined.

4.3. Continuation of Essential DoD Contractor Services During Crisis.

In Accordance With DoDI 1100.22, (12 Apr 2010) Continuation of Essential DoD Contractor Services

During Crises, DFARS 237.76, and the Air Force implementation thereof, unless otherwise directed by the CO or COR, it is determined that the services as identified in this PWS ARE/ARE NOT essential for performance during a crisis.

(1) All services in this PWS are designated as essential services for performance during crisis

IAW DFARs 237.76, “Continuation of Essential Contractor Services” and the contractor shall prepare a plan for performing these services in accordance with DFARs 252.237-7023. Hereafter, the personnel

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Personnel.”

(2) The requirement for continuation of essential services could possibly be as currently scheduled in the PWS; however, the schedule will be determined based on the crisis requirements. The

CO or COR will contact the contract manager by telephone or in person that essential services are required. This will be followed up in writing and subsequently by modification to the contract to incorporate the requirements via full text or by reference. The contractor may file a proposal for cost or other impacts under the Changes clause or a Request for Equitable Adjustment.

(3) Within 30 days after award, the contractor shall provide a written list of all “Mission

Essential Contractor Personnel” to the CO or COR. The list shall identify names and base location where each employee will perform work under this contract.

(4) The contractor shall develop contingency plans for tasks designated as essential no later than 30 days after the start of the contract to provide reasonable assurance of continuation of services during crisis conditions.

4.4. Conservation of Utilities. The contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities.

4.5 Environmental Protection. The contractor shall comply with all applicable federal, state and local laws, regulations and standards that are or may become applicable to contractor’s activities in performance of this PWS.

4.5.1 Permits. The contractor shall be solely responsible for obtaining at its cost and expense any environmental permits required for its operations under the contract, independent of any existing permits held by the government. The contractor acknowledges that the government will not consent to being named a secondary discharger or co-permittee for any operations or activities of the contractor under the contract.

In the event the government is named as a secondary discharger or co-permittee for any activity or operation of the contract, the government shall have the right to take reasonable actions necessary to prevent, suspend, or terminate such activity or operations, including terminating this contract, without liability or penalty.

4.5.2 Right to Inspect. The government’s rights under this contract specifically include the right for government officials to inspect upon reasonable notice the work site for compliance with environmental, safety and occupational health laws and regulations, whether or not governmental is responsible for enforcing them. Such inspections are without prejudice to the right of duly constituted enforcement officials to make sure inspections. The government normally will give the contractor 24 hours prior notice of its intention to inspect, unless it determines the entry is required for safety, environmental, operations or security purposes.

4.5.3 Non-compliance. If the contractor is found to not be in compliance with any of these regulations, there may be cause for the facility to shut down until the contractor, when within the contractor’s control or the government, has remedied the problem. Any sanitary deficiencies shall require immediate correction.

4.5.4 Spill Response. The contractor is responsible to report and promptly clean up all spills in a manner consistent with current environmental regulations. In the event that it is necessary to utilize government material, equipment, or personnel to clean up a contractor caused spill, the contractor shall be required to reimburse the government for all associated costs.

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4.5.5 Audit. This contract may be subject to audit by any and all cognizant government agencies. The contractor shall make available all records, which it maintains with respect to these contract, to such agencies.

4.5.8 Failure to Insist On Compliance. The failure of government to insist, in any one or more instances, upon performance of any of the terms, covenants or conditions of this contract shall not be construed as a waiver or relinquishment of government’s right to the future performance of any such terms, covenants or conditions and the contractor’s obligations in respect to such future performance shall continue in full force and effect.

4.5.9 Green Procurement Program (GPP). The GPP is mandatory federal acquisition program that focuses on the purchase and use of environmentally preferable products and services. Many different items are covered by the GPP. Recycled-content products are designated by the Environmental Protection

Agency (EPA). “Bio-based” products made from renewable plant materials are designated by the United

States Department of Agriculture (USDA). Energy and water efficient products are designated by the

Department of Energy (DOE). GPP also requires the government to avoid purchasing Ozone Depleting

Substances (ODS) and EPA-designated priority chemicals. Environmentally preferable purchasing (EPP) is a voluntary program, and it encourage the purchase of goods and services that have decreased effects on human health and the environment (compared to the competing goods and services that serve the same purpose), but are not already required by one of the mandatory GPP elements.

(1) Green Procurement is mandated except when the contractor can show that the product with recycled content does not meet intended specifications, has excessive costs, or cannot be delivered in time to support the schedule of the contract. If the contractor is unable to locate a specified product meeting the

GPP requirement, identify the issue to the CO or GPM for guidance. GPP is based on legal requirements and the Department of Defense facilities are subject to enforcement action if these requirements are ignored.

(2) The contractor shall make maximum use of products containing recovered materials that are

EPA-designated items IAW FAR Clause 52.223-17, Affirmative Procurement of EPA-Designated Items in

Service and Construction Contracts. The list of EPA-designated items is available at https://www.epa.gov/smm.comprehensive-procurement-guidelines-cpg-program.

4.6. MISCELLANEOUS PARAGRAPHS:

4.6.1 Freedom of Information Act (FOIA). All official government records affected by this contract are subject to the provisions of the FOIA (5 U.S.C. 552/DoD 5400.7-R/AF Supplement). Any request received by the contractor for access/release of information from these records to the public (including government/contractor employees acting as private citizens), whether oral or in writing, shall be immediately brought to the attention of the CO for forwarding to the Base FOIA Manager to ensure proper processing and compliance with the Act.

4.6.2 For Official Use Only (FOUO). The contractor shall comply with DoD 5400-7-R, Chapter 4, DoD

Freedom of Information Act (FOIA) Program requirements. This regulation sets policy and procedures for the disclosure of records to the public and for marking, handling, transmitting, and safeguarding

FOUO material.

4.6.3 Notification of Debarment/Suspension Status. The contractor shall provide immediate notice to the

CO in the event of being suspended, debarred or declared ineligible by any other federal department or https://www.epa.gov/smm.comprehensive-procurement-guidelines-cpg-program

Page - 17 - of 24 agency, or upon receipt of a notice of proposed debarment from another DoD Agency, during the performance of this contract.

4.6.4 Correspondence. The government singularly identifies each project with a contract number at time of award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The government issued contract number is to be referenced on all official communication starting upon notice of award.

4.6.5 Post Award Conference. The contractor agrees to attend any post award conference convened by the CO IAW FAR Part 42.5. These meetings shall be at no additional cost to the government.

4.6.6 Privacy Act. Work on this contract may require that personnel have access to information protected by the Privacy Act. Contractor personnel shall adhere to the Privacy Act, Title 5 of the U.S.

Code, Section 552a and applicable agency rules and regulations when handling such information.

4.6.7 Records. All records created and received by the contractor in the performance of this contract shall be maintained and readily accessible. Records shall remain the property of the government.

4.6.8 Insurance. The contractor shall obtain the necessary insurance as required by FAR part 28.3. The minimum amounts of insurance will be maintained IAW FAR 28.307-2.

4.6.9 Fire Prevention. The contractor shall take all necessary precautions to prevent fires in the units and contractor-furnished and government-furnished facilities while performing any work under this contract. In the event fires do occur, the contractor shall immediately notify the Base Fire Department at

911. The contractor shall then notify the requiring activity and the CO. The contractor shall brief and document its employees monthly in fire safety issues and procedures in reporting fires.

4.6.10 Flightline Driving. Employees who are required to drive vehicles on the flight line, cross the runway and shall have a Certificate of Competency, AF Form 483, a valid civilian and military driver’s license, IAW AFMAN 24-306, page 25-1.

4.6.11 Hazardous Materials.

(1) Prior to use, the contractor shall provide the Base Hazardous Material Pharmacy, through the

CO, a list of all hazardous materials the contractor brings onto government property and shall submit and

AF Form 3952 along with a Material Safety Data Sheet (MSDS) for each Hazardous Chemical listed in

OSHA Hazard Communication Standard 29 CFR 1910.1200. The purpose of the inventory is to provide information for Emergency Planning and Community Right-to-Know Act (EPCRA) reporting.

(2) Any products that meet the criteria of “Hazardous Waste” must be bar coded and tracked until permanently removed from government property. Criteria for identifying hazardous waste are contained in Subpart C of 40 CFR Part 261. NOTE: Products containing chlorofluorocarbons (CFC’s) or ozone depleting substances shall not be allowed or approved for use.

(3) The contractor shall ensure that all contractor employees complete the local Air Force

Hazardous Communication, HAZMart, and hazardous waste training. The contractor shall appoint a primary and alternate HAZMART and Hazardous Waste monitor. Monitors are responsible for training all contractor personnel regarding hazardous material containers maintained on base and complete

MSDSs immediately upon receipt of new chemicals, products, or materials.

4.6.12 Section 508 Compliance. The contractor shall support the government in its compliance with

Section 508 throughout the development and implementation of the work to be performed. Section 508

Page - 18 - of 24 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d) requires that when federal agencies develop, procure, maintain, or use electronic information technology, federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who do not have disabilities, unless an undue burden would be imposed on the agency.

Section 508 also requires that individuals with disabilities, who are members of the public seeking information or services from a Federal agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency.

4.7 Security

4.7.1 General:

4.7.1.1 The contractor shall comply with all base security regulations and with actions dictated by force protection condition changes/measures. For real-world situations/exercises, changes to force protection conditions could impact contractor performance of work and can include denial of access to the installation to perform work.

4.7.1.2. The contractor and its employees shall comply with all base traffic regulations.

4.7.1.3. Contractor employees are prohibited from possessing weapons, firearms or ammunition, on themselves or within contractor-owned or privately owned vehicle while on Air Force installations.

4.7.1.4. . The contractor shall report suspicious activity (refer to Tyndall AFB Contractor Antiterrorism

Awareness pamphlet) to Security Forces at 850-283-2254 in a timely manner.

4.7.2 Required Training

4.7.2.1. Contractor will be offered Level I - Antiterrorism Awareness Training by the government. This training provides contractor employees with the requisite knowledge necessary to remain vigilant for possible terrorist threats. Coordination for training should be done by the requiring unit Antiterrorism

Representative (ATR) after contract award. AT Level I training can be taken at https://jkodirect.jten.mil/Atlas2/faces/page/login/Login.seam for non-CAC holders. Tracking for each contractor or subcontractor employee is the responsibility of the COR or unit ATR.

4.7.3 Security Clearance Levels. Contractor personnel performing work under this contract must have a

Local Files Check at time of the proposal submission, and must maintain the level of security required for the life of the contract. The Unit Security Manager will coordinate the Background Affidavit (with Pass

& ID) and the DD 1172 Base Access Request form - allow 3-5 day process time.

4.7.4. Additional Security Requirements:

4.7.4.1. Physical Security. The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. (Insert the following sentence, if performing in a government facility.) At the close of each work period, government facilities, equipment, and materials shall be secured.

4.7.5 Computer Security (COMPUSEC).

https://jkodirect.jten.mil/Atlas2/faces/page/login/Login.seam

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4.10.2.1. Local Area Network (LAN). The government will provide limited access to the existing LAN to include email capability. The contractor shall not use the LAN for purposes other than for work required under this contract.

Common Access Card (CAC). The contractor’s PM or alternate shall complete all necessary documents for all contractor personnel requiring access to Tyndall AFB. Common Access Cards (CAC) shall be required for all on-site contractor personnel. The contractor’s PM shall ensure the government representative in the local organization designated to authorize issuance of contractor’s CACs (i.e. Trusted

Agent (TA) receives a Visitor Request for each employee through the Trusted Agent Security System

(TASS). Contractor personnel shall electronically submit application to the TA, once approved set up appointment at https://rapids-appointments.dmdc.osd.mil/ or go to the Military Personnel Section.

Restricted Area Badges. The contractor shall obtain a Restricted Area Badge for all personnel from the 325 Civil Engineering Squadron for entrance to restricted areas prior to commencing work under this contract. If not, the contractor shall be escorted by an authorized escort. The contractor shall receive

Airfield Driving training if operating a vehicle on the flightline or in the restricted area.

4.7.6. Contractor Access To Air Force Installations. Vehicle registration, proof of insurance, and a valid driver's license must be presented for vehicles. Installation Commanders may deny access and credentials based on information obtained during identity vetting that indicates the individual may present a threat to the good order, discipline, and morale of the installation.

Base Access. The contractor shall ensure the following pass and identification items required for contract performance are obtained for employees and non-government owned vehicles:

a. DBIDS, Defense Biometrics Identification System - Contractor Identification Card. Process a

DD Form 1172 to obtain a DBIDS Contractor ID card.

b. AF Form 75, Visitor/Vehicle Pass (AFI 31-204): The Service Provider shall adhere to local security policy when applying for short/long term visitors’ passes. Any contractor requesting a pass form ore than 3 days will complete a Local Files Check with 325 SFS/Pass & ID. Vehicle passes (personal vehicles) are no longer required.

4.7.7 During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel.

The contractor shall be responsible…