Performance Work Statement (PWS).pdf

PERFORMANCE WORK STATEMENT HAZARDOUS

MATERIAL / HAZARDOUS WASTEMANAGEMENT

SUPPORT SERVICES

FORT STEWART, GEORGIA

PART 1 GENERAL INFORMATION

1. GENERAL: This is a non-personal services contract to provide Hazardous Material / Hazardous Waste (HM/HW) Management Support Services located at Fort Stewart and Hunter Army Airfield (HAAF), Georgia (GA). 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. The Contractor, in turn, shall be accountable to the Government for Contractor or subcontractor personnel.

1.1. Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform HM/HW Support services, as defined in this Performance Work Statement (PWS), except for those items specified as Government furnished property and services. The Contractor shall perform in accordance with (IAW) the terms and conditions of the contract and consistently with the established standards in this PWS and contract.

1.2. Background: The Fort Stewart/Hunter Army Airfield Directorate of Public Works (DPW) Environmental Division is responsible for environmental and engineering activities for the Installation of Fort Stewart and HAAF and operates several satellite facilities. Complex environmental regulations such as the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), Resource Conservation and Recovery Act (RCRA), Safe Drinking Water Act (SDWA), Clean Water Act (CWA), Clean Air Act (CAA), Toxic Substance Control Act (TSCA), Solid Waste Disposal Act, Emergency Planning and Community Right-to-Know Act (EPCRA), Natural Historic Preservation Act, and the National Environmental Policy Act (NEPA) place an increasing burden on the Installation to monitor the potential ramifications of these regulations on Fort Stewart/HAAF. The Fort Stewart/HAAF Environmental Division addresses the demands of ever-changing environmental regulations and assesses the Installation's compliance with such regulations. The Environmental Division has responsibility for the environmental program management of a 279,270-acre Fort Stewart Military Reservation in the lower coastal plain of Georgia and a 5,370-acre installation at Hunter Army Airfield (HAAF) near Savannah, Georgia. The Fort Stewart/HAAF Environmental Division is responsible for a broad span of environmental issues such as water resource management (inclusive of approximately 90,000 acres of wetlands); wastewater and stormwater (to include erosion and sedimentation control, treatment and distribution of potable water, and sewage systems); land resource management (to include numerous borrow pits); air and noise pollution (including installation compatible use zones (ICUZ));

waste resource management; hazardous and toxic materials management; solid waste disposal (including landfill operations and collection, treatment, and disposal of sewage); resource recovery/recycling; historical, cultural, and archaeological preservation; hazardous waste minimization;

environmental education and awareness; and understanding, analyzing, and reporting of the impacts the Installation has upon the socioeconomic environment of the surrounding local communities.

1.3. Objectives: The basic service objective includes the following:

1.3.1. Provide technical and field assistance for the overall (HM/HW) Management Services in support of Fort Stewart/HAAF and the Environmental Division to facilitate successful implementation of environmental management programs.

1.4. Scope: Services include providing all necessary labor to properly characterize, containerize, mark, label, store and prepare for shipment off-site of all hazardous waste from maintenance activities on Fort Stewart and Hunter Army Airfield. The Contractor shall also provide all necessary labor to conduct quarterly inspections of these maintenance facilities and conduct facility assistance visits in order to maintain compliance with Federal, State, and Local regulation. Additionally, the Contractor will provide all labor necessary to deliver hazardous materials, inspect hazardous material storage areas and report quantities delivered to the COR. The Contractor will also facilitate ECO, HW/HM, and provide the necessary data to the COR in order to complete annual and biennial reporting requirements.

1.5. Period of Performance:

Phase-In: Thirty (30) Day Period Base Year: Nine (9) months Period Option Years: Four (4) 12 month Option Periods

1.6. General Information

1.6.1. Quality Control: Quality Control is the responsibility of the Contractor. The Contractor is responsible for the delivery of quality services/supplies to the Government.

1.6.1.1. Quality Control Program: The Government is committed to a highly interactive relationship between quality control by the Contractor and quality assurance by the Government recipient of services.

This relationship shall be achieved through an effective Prevention Based Quality Control Program dedicated to ensuring the best possible products and services to end users. The Contractor shall submit their final written Quality Control Plan (QCP) within 10 workdays after contract award and within five

(5) work days of any proposed changes to the Contracting Officer Representative (COR) and the Contracting Officer (KO).

1.6.1.1.1. The Contractor’s quality program shall demonstrate its prevention-based outlook by meeting the objectives stated in the PWS throughout all areas of performance. The QCP shall be developed to specify the Contractor’s responsibility for management and quality control actions to meet the terms of the contract. The QCP as a minimum shall address continuous process improvement; procedures for scheduling, conducting and documentation of inspection; discrepancy identification and correction;

corrective action procedures to include procedures for addressing Government discovered non-conformances; procedures for root cause analysis to identify the root cause and root cause corrective action to prevent re-occurrence of discrepancies; procedures for trend analysis; procedures for collecting and addressing customer feedback/complaints.

1.6.1.1.2. Within five (5) calendar days from the end of each Month or upon request from the COR, the Contractor shall provide all reports generated as a result of the Contractor’s quality control efforts. This shall include any summary information used to track quality control, including any charts/graphs.

1.6.1.1.3. The Contractor’s QCP is part of this contract after the plan has been accepted by the KO.

Proposed changes made after KO acceptance shall be submitted in writing through the COR to the KO for review and acceptance prior to implementing any revision to the QCP. The Contractor’s QCP shall be maintained throughout the life of the contract and shall include the Contractor’s procedures to routinely evaluate the effectiveness of the plan to ensure the Contractor is meeting the performance standards and requirements of the contract.

1.6.1.2. Contractor Discrepancy Report (CDR): When the Contractor's performance is unsatisfactory, a

CDR will be issued. The Contractor shall reply in writing within five (5) work days from the date of receipt of the CDR, giving the reasons for the unsatisfactory performance, corrective action taken, and procedures to preclude recurrence.

1.6.1.3. Quality Assurance: The COR will evaluate the Contractor’s performance under this contract IAW the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the COR must do to ensure that the Contractor has performed IAW the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s). When an observation indicates defective performance, the COR will require the Contractor or designated on-site representative to initial the observation to acknowledge the defective performance.

The acknowledgement of the observation does not necessarily constitute Contractor concurrence with the observation, only that the Contractor has been made aware of the defective performance.

1.6.2. Property Management System: The Contractor shall establish a system to manage Government Furnished Property (GFP) in its possession to control, use, preserve, protect, repair and maintain. The Property Management System (PMS) must be adequate to satisfy the requirements of Property Management IAW FAR clause 52.245-1 Government Property.

1.6.3. Recognized Federal Holidays: The Contractor shall not be required to perform services on recognized federal holidays. The recognized federal holidays include:

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

1.6.3.1. When a holiday occurs on a Saturday, Federal employees are normally granted the previous Friday as the holiday observance. When a holiday occurs on a Sunday, Federal employees are normally granted the following Monday as the holiday. The contractor shall work on the days the Government is scheduled to work.

1.6.3.2. When an unforeseen installation closure occurs on a regularly scheduled day of work, the Contractor will have the following options:

1.6.3.2.1. Reschedule the work so it is performed the following day unless the following day falls on a weekend.

1.6.3.2.2. Reschedule the work on any day that is mutually satisfactory.

1.6.4. Hours of Operation: The Contractor shall be responsible for providing services, between the hours of 7:30 AM – 4:00 PM. Monday through Friday, except federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings or similar Government directed facility closings. The Contractor shall at all times maintain an adequate workforce 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 to successful performance under this contract. No overtime (OT) or compensatory time (CT) is authorized except as required to perform Spill Response as described in Paragraph 5.2.9.

1.6.5. Place of Performance: Contractor shall have routine access to Government-controlled facilities.

The work to be performed under this contract shall be accomplished throughout Fort Stewart and HAAF.

Contractor personnel will be required to work on-site at the Fort Stewart/HAAF DPW Environmental Division and provide support to the Division’s satellite offices throughout Fort Stewart and Hunter Army Airfield. The Government shall provide facilities in order for the Contractor to perform administrative operations during normal hours of operation.

1.6.6. Security Requirements: Contractor personnel shall maintain the level of security required for the duration of the contract. The security requirements are IAW Department of Defense (DoD) Form 254, Contract Security Classification Specification. Contractor personnel shall comply with all applicable security and safety regulations, guidance, and procedures, including local, referenced in this PWS and in effect at the work sites. All personnel must meet requirements IAW DoD 8570.01-M, Information Assurance Workforce Improvement Program.

1.6.6.1. Reserved

1.6.6.2. Physical Security: The Contractor shall be responsible for safeguarding 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.,

1.6.7. Key Control: The Contractor shall establish and implement methods of making sure all keys issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the QCP. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall within (24) hours report any occurrences of lost or duplicate keys/key cards to the KO and COR.

1.6.7.1. In the event keys other than master keys are lost or duplicated, the Contractor shall, upon direction of the KO, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.

1.6.7.2. The Contractor shall prohibit the use of Government issued keys by any persons other than Contractor’s personnel. The Contractor shall prohibit the opening of locked areas by Contractor personnel to permit entrance of persons other than Contractor personnel engaged in the performance of assigned work in those areas, or personnel authorized entrance by the COR.

1.6.8. Special Qualifications: All Contractor personnel working under this contract shall be Hazardous Waste Operations and Emergency Response (HAZWOPER) certified IAW 29 CFR 1910.120(e). At a minimum, the Project Manager (PM) shall be trained IAW 40 Code of Federal Regulations (CFR), Protection of Environment, 262.34(a) and 265.16 and 40 CFR 262.34(d)(5)(iii) and maintain this level of training by attending an annual refresher course. Contractor shall provide training certifications within ninety (90) calendar days of contract award or the start date of a new employee.

1.6.8.1. General:

1.6.8.1.1. The Contractor shall be responsible for ensuring all personnel performing work under this contract possess and maintain current certifications as indicated in PWS 1.6.6.

1.6.8.1.2. Contractor personnel performing work under this contract shall be able to read, write, speak, and understand the English language to effectively carry out all contract requirements. They shall have a command of both the written and spoken English language to properly clearly, and effectively communicate in person or via electronic devices (telephone or Email) with co-workers, customers, and the general public.

1.6.8.1.3. Contractor personnel performing work under this contract shall be U.S. citizens unless the provisions of Army Regulation (AR) 25-2, Information Assurance have been fully completed and approval has been granted by the Government for the non-U.S. citizen to perform the required support.

1.6.8.1.4. Access and General Protection/Security Policy and Procedures: All Contractor personnel performing work under this contract shall comply with applicable installation, facility and area commander installation/facility access, local security policies and security procedures provided by the Security Manager Government representative. Contractor personnel shall provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor personnel shall comply with all personal identity verification requirements as directed by DoD, HQ Department of Army (DA) or local policies. In addition to the changes otherwise authorized by this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor and subcontractor security matters or processes.

1.6.8.1.4.1. PARC Policy Alert 14-33, Homeland Security Presidential Directive 12 (HSPD-12) issued 31

Dec13:

1.6.8.1.4.1.1. Anti-Terrorism Program

1.6.8.1.4.1.2. Anti-Terrorism (AT) Level I Training: Contractor personnel performing work under this contract that require access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after commencing performance under this contract. The Contractor shall submit employee certificates of completion within (30) calendar days after completion of the training. AT Level I awareness training is available at the following website:

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

1.6.8.1.4.1.3. Operations Security (OPSEC) Training: Per AR 530-1, Operations Security, the Contractor shall complete Level I OPSEC, iWatch, and Threat Awareness Reporting Program training within (30) calendar days of their reporting for duty and annually thereafter.

1.6.8.1.4.1.4. Cyber Awareness Training:

1.6.8.2. Other Qualifications: All contractor employees shall complete the DoD Information Assurance (IA)/Information Technology (IT) and Cyber awareness Trainings within (30) calendar days of contract award in order to gain access to Government computer systems.

Certificates of all required training completion shall be uploaded into the Army Training Certification System.

1.6.8.2.1. Possesses a valid state issued driver’s license with valid vehicle insurance and be able to satisfy requirements for a federal Government motor vehicle operator’s license. Throughout the Contract’s performance period, those contractor employees working in the Hazardous Waste Turn-in http://jko.jten.mil/courses/atl1/launch.html facilities must possess a valid “Industrial Powered Truck” operator permit and be capable of driving a "Forklift.” upon or before contract award.

1.6.8.2.2. Maintain current certification in all applicable technical skills throughout the contract period, including HAZWOPER and Technical Transportation of Hazardous Materials (49 CFR) upon or before contract award.

1.6.9. Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office IAW FAR Subpart 42.5. The post award conference will also be utilized to ensure contractor understands all HSPD- 12 requirements. The KO, COR (and other Government personnel) will hold a quarterly progress meeting with the Contractor to review the Contractor's performance. At these meetings the KO and COR will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.6.10. Contracting Officer Representative (COR): The COR will be identified by separate letter of appointment. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: Assures that the Contractor performs the technical requirements of the contract; performs inspections necessary in connection with contract performance; maintains written and oral communications with the Contractor concerning technical aspects of the contract; issues written interpretations of technical requirements, including Government drawings, designs, specifications; monitors Contractor's performance and notifies both the KO and Contractor of any deficiencies; coordinates availability of Government furnished property, and provides site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, 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 contract.

1.6.11. Key Personnel: Key personnel shall not be added to or removed from the contract without express acknowledgement of the COR. Any changes to the working status of these key personnel shall be transmitted (in writing) to the KO/COR within ten (10) work days of the proposed change. If, for any reason, any of the key personnel becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 work days the contractor shall promptly replace personnel with personnel who possess qualifications equal to or better than that of the original employee. The Contractor shall ensure all key personnel terminated or released from employment under this contract are replaced within ten (10) work days of the termination.

1.6.11.1. The following are considered key personnel by the Government:

There are four individual “Key Personnel” for this requirement:

1. Project Manager (PM)

2. Hazardous Waste Turn-In Working Lead

3. RCRA Inspection Section Working Lead

4. Hazardous Material Delivery Section Working Lead

These four individual positions shall be considered as “Key Personnel”. The name of these four Key Personnel shall be designated in writing to the KO at the post award conference. The Contractor shall provide a PM who shall be responsible for the performance of the work under this contract. The PM shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. Either the PM or their interim designee (one of the designated “Key Personnel”) shall be available between the hours of 7:30 AM to 4:00 PM, Monday through Friday, except federal holidays or when the government facility is closed for administrative reasons.

1.6.11.2. Qualifications for all Key Personnel:

1.6.11.2.1. Project Manager (PM): The PM shall meet or exceed the following minimum qualifications as well as others specified throughout this PWS. The Contractor shall provide one Project Manager to oversee Contract operations throughout the Installation (i.e. Fort Stewart and HAAF inclusive). The Project Manager shall ensure that all specifications of the Contract are being met, shall be responsible for the competent performance of the other Contractor personnel (including the Working Lead Person of each section), and shall coordinate with the Government (including the KO, COR, and their designated representatives) throughout the duration of the Contract. The Government will issue to the Contractor equipment to ensure that the Project Manager maintains constant communication with the COR during normal business hours.

1.6.11.2.2. Hazardous Waste Turn-In: The Contractor shall provide one Hazardous Waste Turn-In Working Lead to oversee Hazardous Waste Turn-In Operations (Paragraph 5.2) throughout the Installation (i.e. Fort Stewart and HAAF inclusive). The Hazardous Waste Turn-In Lead shall ensure that all specifications hazardous waste turn-in (to include training/certifications of personnel working within the Hazardous Waste Section) are being met, shall be responsible for the competent performance of the other Contractor personnel working with hazardous waste, and shall coordinate with the Government (including the KO, COR, and their designated representatives) throughout the duration of the Contract.

The Contractor shall ensure that the Hazardous Waste Turn-In Lead is equipped with the means to maintain constant communication with the COR during normal business hours.

1.6.11.2.3. The Contractor shall designate a Working Lead for each of the two remaining sections discussed in this Performance Work Statement (RCRA Inspection Section and Hazardous Material Delivery Section [paragraphs 5.3- 5.4, respectively]). The Working Lead shall be responsible for the competent performance of the other Contractor personnel. The Contractor shall ensure that all Working Leads are equipped with the means to maintain constant communication with the COR during normal business hours.

1.6.12. Contractor Personnel:

1.6.12.1. Identification of Contractor Personnel: All Contractor 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.

1.6.12.1.1. All Contractor personnel performing work under this contract shall obtain a DoD Common Access Card (CAC). The CAC shall be worn at all times, when performing work under this contract, to include attending Government meetings and conferences. Unless otherwise specified in the contract, Contractor personnel shall wear the CAC in a conspicuous place on the front of exterior clothing and above the waist, except when safety or health reasons prohibit such placement or when being used for computer access.

1.6.12.1.2. Contractor personnel shall be required to apply for a CAC within the first ten (10) calendar days at the start of base contract period or prior to performance under this contract, whichever comes first.

1.6.12.1.3. The Contractor shall develop, maintain, and provide to the COR an updated roster which shall include names and positions of all Contractor personnel as well as indicating which employees were issued CAC or other forms of Government identification cards. The Contractor shall submit initial roster to the COR within ten (10) calendar days after commencement of base period of performance.

1.6.12.1.4. The Contractor shall immediately report any lost CAC or Government issued identification cards to the COR and Military and/or DoD police agencies. The Contractor shall immediately collect the CAC and other Government issued forms of identification upon termination of employee, or at the end of the contract performance period. The CAC and other Government issued forms of identification shall be returned to the COR within one (1) hour of employee termination, or at the end of contract performance period, whichever comes first. Final payment may be delayed if Contractor fails to comply with these requirements.

1.6.12.2. Contractor Personnel Appearance and Performance: It is essential that all Contractor personnel meet the highest standards of professionalism and personal integrity. The Contractor shall ensure their personnel do not perform work under the influence of alcohol, illegal prescribed drugs or any other incapacitating agents. Contractor personnel shall be neatly groomed and dressed in business casual attire to present a professional appearance at all times.

1.6.12.3. All Contractor personnel provided under this Contract shall:

1.6.12.3.1. Be able to work outdoors under various weather extremes and working conditions (i.e.

hot, humid, cold, wet, windy, etc).

1.6.12.3.2. Possess strong written and oral communication skills, and the ability to interact with a variety of environmental management professionals and military personnel.

1.6.12.3.3. Be physically capable of walking moderate distances over uneven terrain, walking up and down slopes, and lifting up to 55 pounds.

1.6.12.3.4. Be a U.S. Citizen and able to obtain a military security clearance, including a background investigation, as well as review and processing of an SF-85P, Questionnaire for Public Trust Positions.

1.6.12.3.5. Unexploded Ordnance (UXO) Awareness Training shall be completed within (7) work days upon Contract award. If the Contractor has taken a Fort Stewart/HAAF UXO Awareness Training through the Installation Explosive Ordnance Detachment (EOD) Unit within 12 months of Contract award, the contractor may provide confirmation of this training during the Post Award Conference. Contractor must coordinate through the COR to attend annual refresher training.

1.6.12.3.6. In conformance with International Organization for Standardization (ISO) 14001 standards as required by Executive Order 13514, the Contractor shall become familiar with Fort Stewart/HAAF specific Sustainability Management System (SMS) Procedures as they pertain to performance of this Contract and, if not completed within the last (12) months under a separate Contract, shall complete Fort Stewart/HAAF SMS Awareness Training within 30 calendar days of Contract award.

This training requirement is inclusive of the Contractor's Project Manager and all contractor’s on-site support. The training video is accessed available through YouTube website:

youtube.com/watch?v=gdAWvp0ZA24.

1.6.12.3.7 All personnel assigned under this contract shall attend and pass the Environmental Compliance Officer (ECO)/Recycling Compliance Person (RCP) Course(s) within (90) calendar days after beginning their service on the Contract.

1.6.14. Organizational Conflict of Interest:

1.6.14.1. Purpose. To aid in ensuring that:

1.6.14.1.1. The Contractor does not obtain an unfair competitive advantage by establishing the ground rules for a future competition;

1.6.14.1.2. The Contractor's objectivity and judgment are not biased because of its present or future interests (financial, contractual, organizational, or otherwise) which relate to work performed under this contract; and

1.6.14.1.3. The Contractor does not obtain an unfair competitive advantage by virtue of its access to non-public or proprietary information belonging to others.

1.6.14.2. Definitions.

1.6.14.2.1. The term “Contractor” herein used in section 1.6.14., Organizational Conflict of Interest, means: (a) the organization (hereinafter referred to as "it" or "its") entering into this agreement with the Government; (b) all business organizations with which it may merge, join or affiliate now or in the future and in any manner whatsoever, or which hold or may obtain, by purchase or otherwise, direct or indirect control of it; (c) it’s parent organization, if any and any of its present or future subsidiaries, associates, affiliates, or holding companies, and; (d) any organization or enterprise over which it has direct or indirect control now or in the future.

1.6.14.2.2. The term "proprietary information" for purposes of section 1.6.14., Organizational Conflict of Interest, means any information considered so valuable by its owners that it is held secret by them and their licensees.

Information furnished voluntarily by the owner without limitations on its use, or which is available without restrictions from other sources, is not considered proprietary.

1.6.14.3. Organizational Conflicts of Interest Examples. The following examples illustrate situations in which organizational conflicts of interest may arise. These examples are not all inclusive.

1.6.14.3.1. Biased Ground Rules. This type of conflict may arise in situations where a company sets the ground rules for a future competition. For example, when a Contractor develops requirements then competes to provide products or services to satisfy those requirements, thus obtaining a competitive advantage.

1.6.14.3.2. Impaired Objectivity. This type of conflict may exist where a Contractor’s obligations under a contract require objectivity, but another role of the Contractor casts doubt on its ability to be truly objective. An example of this type of conflict is where a Contractor’s work under one contract entails evaluating itself, its affiliates, or its competitors under a separate contract.

1.6.14.3.3. Unequal Access to Information. This type of conflict may arise when a Contractor has access to nonpublic or proprietary information as part of its performance under a contract that gives it an unfair advantage in a competition for a later contract.

1.6.14.4. General Constraints. The provisions of FAR Subpart 9.5, Organizational and Consultant Conflicts of Interest, concerning organizational conflicts of interest govern this contract. Potential conflicts may exist IAW FAR 9.505-1, Providing Systems Engineering and Technical Direction, through 9.505-4, Obtaining Access to Proprietary Information. In this regard, the Contractor is responsible for identifying any actual or potential organizational conflicts of interest to the KO that arise as the result of performance under this contract. To avoid or mitigate a potential conflict related to performance under this contract, the KO will impose appropriate constraints such as the constraints discussed below. Since it is impossible to foresee all of the circumstances that might give rise to organizational conflicts of interest, the constraints discussed below are not all inclusive and the KO may impose constraints other than, or in addition to, the constraints listed below.

1.6.14.4.1. The Contractor agrees that if it provides, under a contract or task order or delivery order, systems engineering and technical guidance for systems and programs, but does not have overall contractual responsibility, it will not be allowed to be awarded a contract or task or delivery order to supply the system or any of its major components or be a subcontractor or consultant to a supplier of the system or any of its major components (FAR 9.505-1).

1.6.14.4.2. The Contractor agrees that if it prepares complete specifications for non-developmental items or assists in the preparation of work statements for a system or services under a contract or task order or delivery order, it will not be allowed to furnish these items, either as a prime Contractor, a subcontractor or as a consultant (FAR 9.505-2).

1.6.14.4.3. The Contractor agrees that it will neither evaluate nor advise the Government with regard to its own products or activities. The Contractor will objectively evaluate or advise the Government concerning products or activities of any prospective competitors (FAR 9.505-3).

1.6.14.4.4. The Contractor agrees that if it gains access to proprietary information of other companies, it will exercise diligent effort to protect such proprietary information from unauthorized use or disclosure (FAR 9.505-4). In addition, the Contractor agrees to protect the proprietary information of other organizations disclosed to the Contractor during performance of this contract with the same caution that a reasonably prudent Contractor would use to safeguard highly valuable property. The Contractor also agrees that if it gains access to the proprietary information of other companies it will enter into written agreements with the other companies to protect their information from unauthorized use or disclosure for as long as it remains proprietary and to refrain from using the information for any purpose other than that for which it was furnished. The Contractor shall provide copies of such agreements to the KO.

1.6.14.4.5. If the Contractor, in the performance of this contract, obtains access to plans, policies, reports, studies, financial plans, data or other information of any nature which has not been released or otherwise made available to the public, the Contractor agrees that without prior written approval of the KO, it shall not: (a) use such information for any private purpose unless the information has been released or otherwise made available to the public, or (b) release such information unless release is otherwise authorized under the contract or such information has previously been released or otherwise made available to the public by the Government.

1.6.14.5. Training. The Contractor shall effectively educate its employees, through formal training, company policy, information directives and procedures, in an awareness of the legal provisions of FAR Subpart 9.5 and its underlying policy and principles, so that each employee will know and understand the provisions of that Subpart and the absolute necessity of safeguarding information from anyone other than the Contractor's employees who have a need to know, and the U.S. Government.

1.6.14.6. Subcontracts. The Contractor agrees that it will include the provisions in paragraphs 1.6.14.3., 1.6.14.4., and 1.6.14.5. above and this paragraph in consulting agreements, teaming agreements, and subcontracts of all tiers, which involve access to information or the performance of services described in paragraph 1.6.14.4. above. The use of section 1.6.14., in such agreements, shall be read by substituting the word "consultant" or "subcontractor" for the word "Contractor" whenever the latter appears.

1.6.14.7. Conflicts Involving Future Procurements. The award of this contract, Government taskings or acquiescence in the Contractor’s performance of services hereunder shall not constitute or be interpreted as a determination that the Contractor is eligible to participate in future procurements, developmental efforts, implementation efforts, or related activities. Only the KOs for such efforts, applying the rules, principles, and procedures of FAR Subpart 9.5, have the authority to determine whether a conflict exists, in connection with such procurements.

1.6.14.8. Representations and Disclosures.

1.6.14.8.1. The Contractor represents that it has disclosed to the KO, prior to award of this contract, all facts relevant to the existence or potential existence of organizational conflict of interest as that term is used in FAR Subpart 9.5.

1.6.14.8.2. The Contractor represents that if it discovers an organizational conflict of interest or potential conflict of interest after award of this contract, a prompt and full disclosure shall be made in writing to the KO. This disclosure shall include a description of the action the Contractor has taken or proposes to take in order to avoid or mitigate such conflict.

1.6.14.9. Remedies and Waiver.

1.6.14.9.1. For breach of any of the above restrictions or for non-disclosure or misrepresentation of any relevant facts required to be disclosed concerning this contract, the Government may terminate this contract for default, disqualify the contractor for subsequent related contractual efforts, and pursue such other remedies as may be permitted by law or this contract. If, however, in compliance with section 1.6.16., the Contractor discovers and promptly reports an organizational conflict of interest (or the potential thereof) subsequent to contract award, the KO may terminate this contract for convenience, if such termination is deemed to be in the best interest of the Government.

1.6.14.9.2. The parties recognize that this clause has potential effects, which will survive the performance of this contract, and that it is impossible to foresee each circumstance to which it might be applied in the future.

Accordingly, the Contractor may at any time seek a waiver from the cognizant KO by submitting a full written description of the requested waiver and the reasons in support thereof (FAR 9.503).

1.6.15. Phase-In/Phase-Out Periods:

1.6.15.1. Phase-In: To minimize any decreases in productivity and to prevent possible negative impact on additional services, the Contractor shall have all key personnel on board, during the 30-day phase-in period. The Contractor shall become familiar with all performance requirements during the phase-in period. The Government expects the Contractor to be fully operational after the 30-day phase-in period.

1.6.15.2. Phase-Out: Thirty (30) days prior to the completion of this contract, the management personnel of the incoming Contractor may observe operations. This will allow for orderly turnover of facilities, equipment, and records and will help to ensure continuity of services. The outgoing Contractor is ultimately responsible for performing full services IAW the contract, during the phase-out period, and shall not defer any requirements for the purpose of avoiding responsibility or of transferring, such responsibility to the succeeding Contractor. The outgoing Contractor shall fully cooperate with the succeeding Contractor and the Government, so as not to interfere with their work or duties.

1.6.15.2.1. To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the outgoing Contractor shall have all personnel on board during the phase-out period. The outgoing Contractor shall be prepared to transition the work load to the newly selected Contractor during the 30-day phase-out period, which will occur at the end of the period of performance of the contractual effort.

1.6.15.2.2. Phase-Out Plan. The incoming Contractor shall develop a phase-out plan to affect a smooth and orderly transfer of contract responsibility to a successor. The plan shall fully describe the Contractor’s approach to the following issues, at a minimum: Inventories and turn-over of government property; removal of Contractor property; reconciliation of all property accounts; turn-in of excess property; data and information transfer; clean-up of Contractor work areas; and security debriefings IAW AR 380-5, Department of the Army Information Security Program for incumbent personnel holding security clearances; and any other actions required to ensure continuity of operations. The Contractor shall provide the plan to the COR ninety (90) days before the phase-out period commences.

PART 2 DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER (KO). A person with authority to enter into, administer, and/or terminate contracts, and to make related determinations and findings on behalf of the Government. Note:

The only individual who can legally bind the Government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the KO to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor, as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. CONTRACTOR PERSONNEL. Contractor and subcontractor employees performing working under this contract.

2.1.5. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement (PWS).

2.1.6. DELIVERABLE. Anything that can be physically delivered, but may include non-physical things, such as meeting minutes or reports.

2.1.7. GOVERNMENT-FURNISHED PROPERTY (GFP) OR GOVERNMENT PROPERTY (GP).

Property in the possession of or directly acquired by the Government and subsequently made available to the Contractor.

2.1.8. KEY PERSONNEL. Contractor employees who are critical for achieving PWS objectives. Key personnel shall meet position qualification and experience requirements indicated in the PWS. When key personnel qualifications are used as an evaluation factor in “Best Value” procurement, the Contracting Officer is the only one authorized to concur with key personnel replacement after award of the contract.

When proposed key personnel resumes are used as an evaluation factor in best value procurement, a letter of commitment may be required from the individual whose resume is provided.

2.1.9. LOCAL TRAVEL: Any travel that is required to perform services IAW the PWS that is within a 75-mile radius of the place of performance.

2.1.10. PERFORMANCE REQUIREMENT SUMMARY (PRS). A listing of the service outputs under the contract that are to be evaluated by the COR on a regular basis, the surveillance methods to be used for these outputs, and the performance requirement of the listed outputs.

2.1.11. PHYSICAL SECURITY. Actions that prevent the loss or damage of government property.

2.1.12. PROPERTY ADMINISTRATOR (PA). The authorized representative of the Contracting Officer appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to government property in the possession of a Contractor.

2.1.13. PROPERTY MANAGEMENT SYSTEM. System established by the Contractor that is used to manage GFP/GFE in its possession to control, use, preserve, protect, repair, and maintain.

2.1.14. QUALITY ASSURANCE. A planned and systematic pattern of all actions necessary to provide confidence that adequate technical requirements are established; products and services conform to established technical requirements; and satisfactory performance is achieved. For the purposes of this document, quality assurance refers to actions by the Government.

2.1.15. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). The Government’s organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

2.1.16. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.17. SUBCONTRACTOR. One that enters into a contract with a prime Contractor. The Government does not have privy of contract with the subcontractor.

2.1.18. WORK DAY. The length of time during a day in which the Contractor provides services, in accordance with the contract. Also referred to as Business Day.

2.1.19. WORK WEEK. Monday through Friday, unless otherwise specified.

2.2. ACRONYMS:

AT Anti-Terrorism AR Army Regulation ASL Authorized Stock List CAC Common Access Card CARC Chemical Agent Resistant Coating CDR Contractor Discrepancy Report CERCLA Comprehensive Environmental Response, Compensation and Liability Act CFR Code of Federal Regulations CLS Common Level of Support COR Contracting Officer Representative CPAR Contractor Performance Assessment Reporting CT Compensatory Time CWA Clean Water Act DA Department of the Army DLA Defense Logistics Agency DOD Department of Defense DPW Directorate of Public Works ECO Environmental Compliance Officer EESOH-MIS Enterprise Environmental, Safety and Occupational Health – Management

Information System EO Executive Order EOD Explosive Ordnance Detachment

EMS Environmental Management System EPAS Environmental Performance Assessment Survey EPCRA Emergency Planning and Community Right to Know Act EPD Environmental Protection Division FAR Federal Acquisition Regulation FAV Facility Assistance Visit FPCON Force Protection Condition FSC Federal Service Code GFE Government Furnished Equipment GFP Government Furnished Property HAAF Hunter Army Airfield HAZMAT Hazardous Material HAZWOPER Hazardous Waste Operations and Emergency Response HM/HW Hazardous Material/Hazardous Waste HQ Headquarters HSPD Homeland Security Presidential Directive IA Information Assurance IAW In accordance with ICUZ Installation Compatible Use Zones IOC Installation Operations Center IT Information Technology KO Contracting Officer NEPA National Environmental Policy Act NLT No Later Than NSN National Stock Number OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs OPSEC Operations Security OT Overtime PA Property Administrator PATs Process Action Teams PM Program Manager PMS Property Management System PMRs Performance Management Reviews POC Point of Contact PRS Performance Requirements Summary PSC Product Service Code PWS Performance Work Statement QASP Quality Assurance Surveillance Plan QCP Quality Control Plan QMBs Quality Management Boards RCRA Resource Conservation and Recovery Act RCP Recycling Compliance Person SDS Safety Data Sheet (SDS) SDWA Safe Drinking Water Act SMS Sustainability Management System SWARS Solid Waste Annual Reporting System TE Technical Exhibit TR Trailer TSCA Toxic Substance Control Act UXO Unexploded Ordnance UIC Unit Identification Code

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Utilities: The Government will provide all utilities in the facility to the Contractor for their use in performing tasks outlined in this PWS. The Contractor shall instruct all employees in utilities conservation practices. The Contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish cleaning vehicles and equipment. The contractor shall not change or modify the facility without prior Government review and written approval. The contractor shall comply with the telephone service requirements of Army Regulation (AR) 25-1. The cost of telephone services, not incidental to performance of the contract, will not be reimbursed by the government. Any cost associated with long distance charges while doing official Government Business under this Contract will not be reimbursed.

3.2. Government Furnished Equipment: A list of Government Furnished Equipment (GFE) is provided in TE 3.2- 001, Government Furnished Property. The Contractor shall perform preventive maintenance and repair on all GFE to ensure all GFE is maintained and in working order. The Contractor shall obtain prior approval by providing a price estimate, substantiated by at least three (3) quotes, to the COR, who will then request approval by the KO.

3.3. Government Furnished Facilities: The Government will provide facilities for the Contractor to conduct operations. TE 3.3- 001, Site Locations, provides a graphic representation of these facilities.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1. General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Part 3 of this PWS.

4.2. Materials: The Contractor shall provide office supplies and worker Personnel Protective Equipment (safety glasses, steel toe boots, work gloves, etc.,) necessary to meet the requirements under this PWS.

4.3 Government Reimbursable Materials: The Contractor shall purchase supplies…