DRAFT Performance Work Statment.pdf.pdf

AUG 22

PERFORMANCE WORK STATEMENT (PWS)

Facilitation of KOV-21 New Production and Battery Refresh

Part 1 General Information

1. General: This is a non-personal supply contract under which the personnel rendering the supplies 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 supply contract to provide personnel, equipment, supplies, transportation, tools, materials, supervision, and other items and non-personal supply necessary to perform the Facilitation of KOV-21 New Production and Battery Refresh at Tobyhanna Army Depot (TYAD), Pennsylvania.

1.2 Background: The KOV-21 is a cryptographic Printed Circuit (PC) card module developed under the auspices of the U.S. National Security Agency (NSA). It is the cryptographic engine for the Simple Key Loader (SKL). Analog Devices Federal (ADF) Tampa, FL, is the Original Equipment Manufacturer (OEM) of the KOV-21 and currently produces new KOV-21 cards and provides the battery refresh service. Due to the projected decline of SKL procurements as outlined by Product Manager Communications Security (PdM COMSEC), ADF determined that the production of the KOV-21 is not economically viable and projects to close their Tampa, FL facility by September 2027, with production and deliveries ending by December 2026. TYAD is the Depot Source of Repair (DSOR) for the SKL. To enable production of the SKL through 2030 and to continue sustainment support for the SKL, a supply contract needs to be established to facilitate the KOV-21 new production and battery refresh capability organically at TYAD. This supply contract will be between ADF and TYAD and will provide the technical data, technical support, equipment, seed stock, and training required for the depot to establish the KOV-21 new production and battery refresh capability.

1.3 Scope: The Contractor shall provide non-personal supply. The Contractor shall provide personnel, equipment, supplies, transportation, tools, materials, supervision, and other items necessary to perform KOV-21 New Production and Battery Refresh capability. At the completion of the contract, KOV-21 New Production and Battery Refresh capability will meet the following requirements:

1.3.1 Contractor shall provide TYAD the capability to produce new KOV-21.

1.3.2 Contractor shall provide TYAD the capability to battery refresh a KOV-21.

1.3.3 Contractor shall provide TYAD the capability to fully test, diagnose, troubleshoot, and determine if any KOV-21 is faulty.

1.3.4 Contractor shall provide TYAD the capability to disassemble, assemble, and replace any applicable KOV-21 component.

1.3.5 Contractor shall provide TYAD the capability to return a KOV-21 in a repairable condition to full functionality.

1.3.6 Contractor shall provide TYAD documentation that details the procedures needed for producing, battery refreshing, testing, and repairing the KOV-21.

1.3.7 Contractor shall provide required training to TYAD employees.

1.3.8 Contractor shall provide KOV-21 components for production.

1.3.9 Contractor shall provide TYAD documentation to enable the maintenance of the test equipment provided by the Contractor.

1.3.10 Contractor shall provide TYAD spare repair parts for test equipment.

1.3.11 Contractor shall provide TYAD production software utilities and licenses.

1.3.12 Contractor shall provide the above capabilities for the following KOV-21 firmware versions 4.01 and 4.02.

1.4 Objectives: The objective of this contract is to procure manufacturing organic capability to produce new KOV-21 cards and enable battery refresh of the KOV-21 Card to support depot-level maintenance production.

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 supply/service. 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) days after the date of contract award. Deliverable # A.001

The Government will review and either notify the Contractor in writing of acceptance of the plan or return their comments to the Contractor within ten (10) days. If the Government has provided comments, the Contractor shall then have ten (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 ten (10) days before the anticipated change and before implementation by the Contractor. The timeline noted above will apply to the review and acceptance of 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 five (5) years.

1.5.1.1 The Contractor shall inform the COR of issues or potential issues that might affect the performance within 72 clock hours of identifying those issues. Verbal reports shall be followed up by written reports within seven (7) days.

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 the submittal of any documentation (e.g. deliverables, submittals, etc.) deadlines fall on a holiday, the closest workday 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.

New Year’s Day January 1st M. L. King Memorial Day 3rd Monday in Jan Presidents Day 3rd Monday in February Memorial Day last Monday in May 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: (RESERVED)

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 to 1700 Eastern Time, on the days of Monday through Thursday 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's operating hours are between 0600 and 1800 Eastern Time, Monday through Saturday. The Government facility is not open 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. It 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 0700 and 1700 Eastern Time, Monday through Friday. The Government facility is open 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. 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 are essential.

1.5.4.3.1 Contractor Work Plan: 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 ten (10) days after the date of contract award. Deliverable # A.002. The Government will review and either accept or return their comments to the Contractor within ten (10) days. The Contractor shall then have three (3) days to submit a Final Work Plan. Deliverable # A.003. 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 of thirty (30) days before implementation. The timeline noted above shall apply to the review and acceptance of proposed changes.

1.5.5 Training Holidays: TYAD has historically granted military personnel training holidays as compensation for the time that they spent in field training. These are typically combined with regular holiday leave schedules (for example, Christmas half-day 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 conducted at the Contractor facility, Analog Devices Federal (ADF) 13008 Telecom Dr., Temple Terrace, FL 33637, and at the government facility, Tobyhanna Army Depot, Building 73, Tobyhanna, PA 18466.

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

1.6.1 Security Program: Contractor personnel performing work under this contract must have a Secret Level Clearance at the time of the proposal submission and must maintain the level of security required for the life of the contract. All Contractor personnel and sub-Contractors performing work under this contract must have a Local 648-C submitted at least ten (10) days before requiring access to the base, and must maintain the level of security required if they intend to come back on base at a later date. Deliverable # A.004. 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. The RA's unit security monitor is responsible for initiating this form.

1.6.2 Personnel Security Clearance Requirements: Contractor personnel performing work under this contract must have an active personnel security clearance at the Secret level in the Defense Information System for Security (DISS) at the time of proposal submission, and must maintain the necessary level of security for the life of the contract. The security requirements are IAW the DoD Contract Security Classification Specification DD Form 254. 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 comply 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 ten (10) days after contract award.

Deliverable # A.005. The log must at a minimum contain the following information; visitor’s name, title, projected date of visit, and visit purpose. 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 one (1) day.

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 one (1) day.

1.6.3.4 Common Access Cards (CAC) and CAC Log: RESERVED

1.6.4 Background Checks:

1.6.4.1 U.S. Citizen: 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. Deliverable # A.006. The Contractor shall forward a copy to the Contracting Officer via the COR and the Requiring Activity Manager of each unfavorable background check within of receipt by the Contractor, identifying such with the appropriate contract number. When the Government awards a non-personal supply 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 working under this contract 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 five (5) days after contracts award. Deliverable # A.007. 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: RESERVED

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 appraise 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 Contractor shall provide a Program/Contract Manager and an Alternate Program/Contract Manager who shall be responsible for the performance of the work. Program/Contract Manager/Alternate Program/Contract Manager. The name of this person and an alternate who shall act for the Contractor when the manager is absent shall, along with a Curriculum Vitae (CV) for each of these individuals, shall be provided in writing to the Contracting Officer no later than ten (10) days after contract award. Deliverable # A.008.

The contract manager and alternate contract manager shall have full authority to act for the Contractor on all contract matters relating to the daily operation of this contract. The contract manager or alternate contract manager shall be available between 0700 and 1600 Eastern Time, Monday through Friday, except on Federal holidays or when the government facility is closed for administrative reasons. Qualifications for all key personnel are listed below:

a. Contract Manager and Alternate Contract Manager: The CV provided by the contract manager and alternate contract manager must demonstrate successful program management of past and present KOV-21 production at ADF.

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, including 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 the Contractor are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.12 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.) The Contractor (to include subContractors) shall provide each of their employees an easily readable identification badge. The badge must include the employee’s name, the Contractor’s company name, the functional area of assignment, and a recent color photograph of the employee. Companies with U.S.

Government contracts will require their employees to wear these badges visibly when performing work at Government workplaces unless this would be impractical because of mission or safety considerations. The Contractor shall collect all ID Badges upon completion of the contract or termination of employee. A listing of issued ID cards shall be furnished to the Contracting Officer prior to the contract performance date and updated as needed to reflect Contractor personnel changes.

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 10 days prior to scheduled travel.

1.14 Other Direct Costs (ODCs): RESERVED

1.15 Data Rights:The Government has Unlimited Rights, as defined in DFARS 252.227-7013, 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: 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 http://www.dimoc.mil/resources/limitations/ 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 ten (10) days prior to commencement of work under the contract. Deliverable # A.009. 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. 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: RESERVED

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

Follow general radiation hazard safety procedures for the installation. Follow all posted signage and obey warning lights in and around the building if applicable (consult COR for any pre-service safety coordination).

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. 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);

http://www.usace.army.mil/

(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) days after award of the contract. Deliverable # A.010. Plans for subsequent major phases of work shall be submitted no later than fifteen (15) 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.

1.21.1.2 The Contractor shall complete and provide safety notifications required and will provide documented proof to the Contracting Officer via the COR, no later than ten (10) days that such notifications were made.

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

1.22.1 Environmental Compliance Plan and Program:

1.22.1.1 Air Pollution Control

The Contractor must control fugitive emissions, including dust, during their contract. The Contractor must obtain approval from the Environmental Branch (EB) prior to exhausting equipment to the outside. The Contractor must not allow any pollutant or particulate matter to be released to the atmosphere at levels that are visible from outside of Tobyhanna Army Depot (TYAD). The Contractor must not perform work that will release pollutants or particulate matter to the atmosphere when the wind speed exceeds ten miles per hour and will result in adverse effects to the surrounding areas. TYAD will monitor the wind speed; it is the Contractor’s responsibility to obtain wind speed information through the Contracting Officer Representative

(COR).

1.22.1.2 Asbestos

The Contractor must ensure that all materials used in the performance of this contract are asbestos-free.

Unless specified in the contract, the Contractor must not disturb any existing Asbestos- Containing Material (ACM) in the performance of this contract. If ACM, or suspect ACM might be disturbed in performance of this contract, the Contractor must avoid coming in contact with the material and immediately notify the COR and the Contract Administrator in writing. The COR must coordinate with EB to have the material tested to determine if there is ACM. If the material is determined to be ACM and the Contractor cannot avoid disturbing the material, the COR will notify the Contracting Officer. The Contracting Officer will direct a change pursuant to the contract clauses entitled “Changes” and “Differing Site Conditions.” If ACM, or suspect ACM has been disturbed, the Contractor must immediately notify the COR and call the EB.

The Contractor will shut down and not move any equipment or supplies near the damaged ACM. The Contractor will evacuate all non-contaminated Contractor personnel from the immediate vicinity. Any Contractor personnel thought to be contaminated with asbestos must remain in the area until the EB responds. If the damaged material is determined to be ACM and there is potential for further damage, the Contracting Officer will direct a change pursuant to the clauses of the contract clauses entitled “Changes” and “Differing Site Conditions.”

Asbestos abatement required under the contract as originally awarded must be in accordance with United Facilities Guide Specification 02 83 14 00 10 and as otherwise required in the contract. Asbestos abatement not required under the contract as originally awarded, can be incorporated into the existing contract via contract modification, or by the Government taking responsibility for the asbestos abatement. The method of acquiring the abatement is at the discretion of the Government. The Contractor must have an asbestos abatement work plan that has been approved by EB prior to beginning any asbestos abatement work.

1.22.1.3 Backflow

The Contractor shall have a backflow prevention device installed on all Contractor equipment that is connected to Tobyhanna Army Depot’s (TYAD) water distribution system. The Contractor shall have a water meter installed to monitor water consumption during all phases of the contract. Water use will be reported monthly to the Environmental Branch.

1.22.1.4 Burning

The Contractor must not burn refuse and debris anywhere on TYAD.

1.22.1.5 Buy Recycled-Content Materials

The Contractor must comply with Resource Conservation and Recovery Act (RCRA) Section 6002 (42 U.S.C. 6962, Federal Procurement) in the acquisition of materials with recycled content to meet the standards of Executive Order 13693, Planning for Federal Sustainability in the Next Decade; March 19, 2015. Specific designated items in this contract for which recycled content standards have been established have been set forth in the specification (e.g., insulation, roofing materials, carpet, carpet pad, paint, floor tiles, shower and restroom dividers). Recovered Material Certification: As required by the RCRA, the Contractor must certify that the percentage of recovered materials to be used in the performance of the contract will be at least the amount required by the applicable contract specifications (see Federal Acquisition Regulation (FAR) Provision 52.223-4, Recovered Material Certification). Prior to application for final payment, the Contractor must provide a report in accordance with FAR Clause 52.223-9, Estimate of Percentage of Recovered Material Content for Environmental Protection Agency (EPA) Designated Items, to the Contracting Office. Compliance with this program does not relieve the Contractor from meeting all other specification requirements.

1.22.1.6 Cultural Resources

The Contractor must not adversely affect any property listed on the National Register of Historic Places (NRHP) or properties eligible for inclusion on the NRHP without consultation and approval from the EB through the COR. If there is a discovery of any historic properties, including archeological sites and graveyards, work will cease immediately until requirements of National Historic Preservation Act, as amended, have been met. All archaeological artifacts found at TYAD, or TYAD-controlled properties are U. S. Government property until a determination is made otherwise.

1.22.1.7 Demolition Notification

If a project involves the demolition of any load-bearing structural members, whether or not asbestos is present, 25 days prior to the demolition, the Commonwealth of Pennsylvania Asbestos Abatement and Demolition/Renovation Notification Form 2700-FM-BAQ0021 must be submitted to EB as specified in the Unified Facilities Guide Specification 02 82 13.00 10.

The Contractor may obtain a copy of the form from the EB.

1.22.1.8 Drinking Water

The Contractor must not perform any work on the TYAD potable water system prior to obtaining approval from the EB and the Installation Planning and Maintenance Division certified operator through the COR. If a permit is required due to construction or proposed chemical feed changes, it will be the responsibility of the Contractor to obtain all permits associated with the project. Permit applications will first be reviewed and approved by the Environmental Branch before being submitted to regulatory authorities. Any piping or additions added to the TYAD water system must be disinfected following American Water Works Association circular C651-14 "Disinfecting Water Mains." Construction will be kept outside of drinking water wellhead protection zones when feasible. All new buildings and remodeled buildings will be equipped with a water meter that can easily be read from the exterior of the building.

1.22.1.9 Endangered Species

The Contractor is responsible for meeting requirements of the Endangered Species Act of 1973. The Contractor must not disturb any endangered species, their habitat or offspring during the implementation of this contract.

1.22.1.10 Emergency/Spills

All emergencies and spills must be reported to the TYAD Fire Department by calling 911 from a TYAD phone or (570) 615-7300. If a 911 call is placed on a cell phone, the call will go to the Monroe County Emergency Office. Notify the Monroe County Emergency Office that you are at TYAD, and the call will be forwarded to TYADs Fire Department. The Contractor must ensure all personnel working on site are trained in the proper procedure according to 29 CFR

1910.120 (if applicable) to initiate a spill response to handle the hazardous substances they are working with. The Contractor will take the necessary actions to prevent and contain spills of hazardous materials.

1.22.1.11 Energy Efficiency

The Energy Policy Act of 2005 section 109 and the Energy Independence and Security Act of 2007 require all new construction at federal facilities to be 30% better than ASHRAE 90.1.

Energy Policy Act of 2005 section 104 and the Energy Independence and Security Act of 2007 require all new equipment to be Energy Star qualified when available. This is applicable to heating, ventilation and air conditioning equipment, plumbing, building materials, lighting, commercial food service equipment and appliances.

1.22.1.12 Environmental Automation and Control Systems

The Contractor will not alter, modify, remove or tamper with any environmental automation or control system unless previous arrangements have been made with EB. This includes sensors, programmable logic controllers, equipment housing, power supplies, meters or other hardware/sensor technology.

1.22.1.13 Erosion and Sedimentation Control

The Contractor shall protect streams, lakes and wetlands from sediment discharges caused by the Contractor's activities. The Contractor shall also provide (where applicable) an erosion and sedimentation control plan in compliance with state and local laws and regulations, to the COR for approval prior to executing any soil-disturbing activities. The Contractor must submit a National Pollutant Discharge Elimination System Permit to the Pennsylvania Department of Environmental Protection (PADEP) prior to any construction activity that encompasses more than one acre. All permits must be reviewed and approved by the EB prior to being sent to any regulatory authority. The Contractor shall not disturb any wetlands. Contractor will remove all silt fencing and other temporary control measures once the site is stabilized. Contractor will remove all spoils from TYAD unless a previously approved disposal site has been established.

The contract COR will be responsible for management and control of the spoil’s disposal site.

1.22.1.14 Fluorescent and Mercury-Bearing Lamps

The Contractor is to collect, containerize, manage and recycle fluorescent and mercury-bearing lamps in accordance with 40 CFR 273, Standards for Universal Waste Management. A copy of the manifest/Bill of Lading must be given to the EB through the COR five days in advance of shipment by the Contractor so that it can be reviewed for accuracy and completeness. The Contractor must install low mercury bulbs when available.

1.22.1.15 Hazardous Materials Stored and Labeled

The Contractor must ensure all hazardous materials (HM) at the work site are properly stored and labeled. The Contractor must not leave any HM behind at the completion of the job for any reason. HM must not be stored outside without adequate secondary containment and shelter.

1.22.1.16 Hazardous Waste

The Contractor must ensure that all hazardous wastes (HW) at the work site are properly stored and labeled in a pre-approved location designated by the EB. The Contractor must provide copies of any shipping documents for HW/Universal Waste/Toxic Substances Control Act waste. If the TYAD EPA number is being used for shipping purposes, only EB is authorized to sign a manifest and the manifest (or copy) must be supplied prior to the day of shipment for review. The EB will keep originals. If HW or waste requiring special handling (e.g., asbestos) is being turned over to the government for disposal, the contactor must notify the EB through the COR when the waste is ready to be moved.

1.22.1.17 ISO 14001

TYAD is an ISO 14001 certified facility. All Contractor and subContractor employees on site must comply with TYAD Regulation 200-5, “Environmental Management System (EMS).” The Contractor may obtain these regulations through the project COR.

1.22.1.18 Limit of Disturbance

The Contractor must confine the limit of disturbance of the project to the smallest area possible.

1.22.1.19 Mercury-Bearing Equipment

The Contractor must not install any equipment, switches, or devices (including thermostats) that contain mercury or lead.

1.22.1.20 Safety Data Sheets (SDSs)

The Contractor must submit SDSs for all hazardous materials proposed for use, including paints, solvents, adhesives, etc., to the EB through the COR five working days prior to material being brought on post. The Contractor must keep a copy of all SDSs required for the project at the jobsite.

1.22.1.21 Migratory Bird Protection

The Contractor is responsible for meeting requirements of the Migratory Bird Treaty Act of 1918 (as amended). The Contractor must not disturb any migratory bird, their nesting area or offspring during the implementation of this contract.

1.22.1.22 National Pollutant Discharge Elimination System (NPDES) Permits The Contractor must not perform any work on existing NPDES structures or treatment units unless previously approved in writing by the Installation Planning and Maintenance Division certified operators and the Environmental Branch. This includes work within the sewage treatment plant, sewage lift stations, sewage conveyance pipes, Industrial Operations Facility pretreatment plant, and storm water sewer systems. If a permit is required, it will be the responsibility of the Contractor to obtain all permits prior to work being performed. All permit application packages must first be reviewed by the Environmental Branch prior to being sent to any regulatory authority.

1.22.1.23 Net Zero Water

The Contractor will minimize the use of potable water during the construction project. Water used during the construction project will be monitored and measured using portable water meters if possible. Installed restroom equipment will consist of high-efficiency fixtures that use reduced volumes of water. Employ strategies that in aggregate use 20% less water than the water use baseline calculated for the building after meeting the Energy Policy Act of 1992 fixture performance requirements. Automatic hands-free flushometers will not be used. Water-free urinals will not be used. Flushometers will be the piston variety that fail in the closed position. New building construction and renovations will include installation of a water meter that is capable of being read from the outside of the building.

1.22.1.24 Noise

The Contractor must not allow the noise level to exceed 65 decibels at any point outside TYAD property. If noise levels exceed 65 decibels, a plan must be prepared by the Contractor to mitigate the noise levels and submit to the EB for approval through the COR. The Contractor will monitor the fence line to confirm this limit.

1.22.1.25 Ozone Depleting Substances (ODS)

The Contractor must be responsible for ensuring that all personnel who perform maintenance and repair activities on refrigeration equipment have been trained and certified by an EPA-approved Section 608 program. The Contractor must not use Class I or Class II ODS or install equipment that contains Class I or II ODS.

1.22.1.26 Paints

The Contractor must not use paints containing zinc chromate or strontium chromate pigments and paints containing lead in excess of 0.06 percent by weight of the total nonvolatile content (calculated as lead metal).

1.22.1.27 Pest Management

At no time during the execution of this contract must the Contractor provide a food source or harborage for any pests. The Contractor must coordinate through the COR to the EB prior to application any pesticide usage. Pesticides are required to be approved by the EB. The Contractor must report all usage of pesticides through the COR to the EB. After completion of the contract, the Contractor must ensure there is no passage for pests to enter facilities or structures related to work performed by the Contractor.

1.22.1.28 Polychlorinated Biphenyls (PCBs)

The Contractor must not bring items containing PCBs onto TYAD. Light ballasts that are clearly marked "Contains no PCBs," or that are marked with a manufacture date after 1978 must be disposed of by the Contractor as construction demolition debris. Any light ballast that is not marked as containing no PCBs that has a manufacture date prior to 1978, or that cannot be determined whether it contains PCBs, must be disposed of by the Contractor at an approved and licensed facility for PCBs. The Contractor must submit a shipping manifest and certificate of disposal of the PCB-containing items to the EB through the COR.

1.22.1.29 Recycling

The Contractor must comply with TYADs general recycling plan for recyclable materials such as aluminum, steel, cardboard, paper, plastic and wood. The Contractor should contact the EB for additional information on the recycling of materials through the COR. The COR will coordinate with EB to have the Contractor recycle metals, cardboard, etc., through TYADs recycling program. All Construction and Demolition (C&D) material transferred from a construction project into the TYAD recycling program must be segregated and material type and weights submitted to the project COR for consolidation. Any material entering the TYAD recycling program that is not documented and properly reported will be absorbed into the TYAD recycling program and not count towards the C&D requirement of the project. Clean wood shall be recycled by the Contractor off TYAD property.

1.22.1.30 Refuse and Construction Demolition Debris Removal and Disposal During the performance of all construction, renovation and demolition projects, a minimum of 60 percent of all non-hazardous construction demolition debris shall be diverted from the landfill for reuse or recycling. The Contractor shall provide written certification to the COR of the type and tonnage of debris reused or recycled from the contract. All refuse and the construction demolition debris not recovered for reuse or recycling shall be disposed of at a PADEP permitted and Monroe County Municipal Waste Management Authority authorized facility. The Contractor shall comply with the Monroe County Solid Waste Management Plan and PA Act 90, including all licensing requirements. Monroe County has specific landfills that is must be transported to per Monroe County guidance which is available on the county website (http://www.thewasteauthority.com) and any Contractors can call the Monroe County Municipal Waste Management Authority at

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