Performance Work Statement (PWS) Hazardous Waste Testing.docx

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Hazardous Waste Testing
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PAN41326P0000025804
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This Performance Work Statement (PWS) details hazardous waste testing, packaging, and transportation services for U.S. Army installations on the Island of Oahu, Hawaii. The contractor will be responsible for managing all aspects of hazardous waste handling, including testing various waste types (such as solvents, fuel, paint, oil, and acids), sampling, packaging, and transportation to Department of War accredited testing facilities. Key performance requirements include completing sampling within seven working days, obtaining chain of custody documentation, conducting full-range testing for liquid and solid waste, and transporting waste within fourteen working days of receiving a work request.

The solicitation is a 100% small business set-aside conducted under FAR Part 13 Simplified Procedures for Commercial Items. Key dates include a question deadline of January 6, 2026, and a submission deadline of January 20, 2026, at 10:00 AM Hawaiian Standard Time. The contract requires strict compliance with EPA, DOT, and state regulations, with specific performance standards mandating 100% compliance for most requirements. Contractors must have EPA Hazardous Waste Transport Numbers, provide personnel with HAZWOPER certification, and maintain detailed documentation throughout the waste management process. The contract will be administered by the Regional Contracting Office Hawaii (RCO-HI) under the Department of the Army Materiel Command Army Contracting Command.

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Performance Work Statement (PWS)

HAZARDOUS WASTE TESTING, PACKAGING, AND TRANSPORTATION FOR VARIOUS ARMY INSTALLATIONS, ISLAND OF OAHU, HAWAII

Performance Work Statement (PWS) HAZARDOUS WASTE TESTING, PACKAGING, AND TRANSPORTING FOR VARIOUS ARMY INSTALLATIONS, ISLAND OF OAHU, HAWAII Mission Statement United States Army Garrison Hawaii (USAG Hawaii) delivers quality base support as a Strategic Support Area (SSA), enabling readiness for a globally responsive Army across the Pacific.

Vision Statement A Community of Excellence – Home to the Pacific’s Premier Power Projection Platform

1 Description of Services

The Contractor shall provide all necessary management, transportation, labor, equipment, materials, supplies, and tools required to conduct testing, sampling, packaging/repackaging, and transportation of hazardous waste for various Army installations on the Island of Oahu, Hawaii. All testing, sampling, and transportation of samples and waste shall be carried out in accordance with Occupational Safety and Health Administration (OSHA) standards, as well as current Federal, State, and County laws, regulations, and commercial standards. Additionally, the Contractor shall ensure compliance with Environmental Protection Agency (EPA) regulations regarding the disposal of hazardous waste. All transportation of samples and waste will be directed to Department of War (DOW) accredited testing facilities.

2 General Requirements

2.1 Non-Personal Services. The Government shall neither supervise contractor employees nor control the method by which the contractor performs the required tasks. Under no circumstance shall the Government assign tasks to, or prepare work schedules for, individual contractor employees. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services or give the perception of personal services. If the contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the contractor's responsibility to notify the Contracting Officer (KO) immediately.

2.2 Business Relations. The Contractor shall partner with the Government to resolve all issues and conflicts in a timely and expeditious manner.

2.3 Contract Administration and Management. The following subsections specify requirements for contract, management, and personnel administration.

2.3.1 Contract Administration. The Contractor shall establish processes and assign appropriate resources to effectively administer the requirement. The contractor shall respond to Government requests for contractual actions in a timely fashion. The Contractor shall have a single point of contact between the Government and Contractor personnel assigned to support contracts or Work Requests. The Contractor shall assign work effort and maintain proper and accurate timekeeping records of personnel assigned to work on the requirement.

2.3.2 Contract Management. The contractor shall establish clear organizational lines of authority and reasonability to ensure effective management of the resources assigned to the requirement. The contractor must maintain continuity between the support operations at the Transfer Accumulation Point (TAP) Manager, Building 6040, East Range, Schofield Barracks and the contractor’s corporate office.

2.4 Contractor Personnel, Disciplines, and Specialties. The Contractor shall accomplish the assigned work by employing and utilizing qualified personnel with appropriate combinations of education, training, and experience. The Contractor shall match personnel skills to the work or task with a minimum of under/over employment of resources. The Contractor shall ensure the labor categories as defined in the DOL Labor Categories document. Labor rates and man-hours utilized in the performance of each Work Request issued hereunder will be the minimum necessary to accomplish the task. The Contractor shall provide the necessary resources and infrastructure to perform, manage and administer the contract.

2.4.1 Key Personnel. Project Manager (PM)- The Contractor shall provide a PM who is responsible for the performance of the work and administrative duties. The PM shall have full authority to act for the Contractor on all contract matters relating to daily operation of the contract. The PM shall have a baccalaureate degree from an accredited College or University and/or five (5) years of experience contract similar in scope and breadth to this solicitation. All personnel involved in this contract, including the Project Manager, must have successfully completed and hold current and valid certification for the Hazardous Waste Operations and Emergency Response (HAZWOPER) course. This training aligns with Occupational Safety and Health Administration (OSHA) standards relevant to hazardous waste operations. Furthermore, all personnel are required to possess current and valid training in hazardous waste management as defined by the Environmental Protection Agency (EPA) Resource Conservation and Recovery Act (RCRA). The name of the PM shall be provided by the Contractor to the KO during the submission of quotes. In the circumstances when the PM is not available, the Contractor shall designate an alternate who can perform the same duties during the absence of the Project Manager. The name of this person and an alternate who shall act for the Contractor when the manager is absent shall be designated in writing to the contracting officer at the start of the contract. The PM or alternate shall be available between 0700 - 1600 hours, Monday through Friday, except Federal holidays or when the Government facility is closed for administrative reasons. The Project Manager performing the work under this contract shall have and maintain installation access at time of the contract start date and for the life of the contract. The PM and any individuals designated as key personnel shall be legal U.S. residents and able to understand, speak, read, and write the English language.

2.5 Subcontract Management. The Contractor shall oversee all subcontract management required to integrate the work performed under this requirement and will be accountable for the performance of any subcontractors involved. The prime contractor will manage the distribution of work to ensure that there are no Organizational Conflict of Interest (OCI) issues. Additionally, contractors may add subcontractors to their team with prior notification to the Contracting Officer (KO).

2.6 Location and Hours of Work. The successful execution of the results outlined in this Performance Work Statement (PWS) necessitates work at various contractor, subcontractor, and Government facilities on Army installations located on the Island of Oahu. Normal working days are Monday through Friday, excluding U.S. Federal Holidays. Core working hours are from 9:00 AM to 3:00 PM each day.

3 Performance Requirements The following section specifies the Performance Objectives and Performance Elements for the Contract.

3.1 The Contractor shall provide all necessary labor, materials, tools, pumping, and facilities to prepare hazardous waste for transportation to Department of War (DOW) accredited sampling and testing facilities. This process may also involve the packaging and repackaging of hazardous waste in existing containers from Army installations on the Island of Oahu, Hawaii. The primary types of hazardous waste generated at these installations include waste solvents, waste fuel, waste paint, waste oil, and waste acids.

All activities pertaining to the definition, testing, sampling, and transportation of samples and waste must be conducted in compliance with U.S. Environmental Protection Agency (EPA) regulations, specifically 40 CFR 261, which includes Lists F, K, P, and U, as well as Appendices II and III, SW-846, and RCRA 268.7. Additionally, these activities must adhere to the requirements established by the Hawaii Department of Health (HDOH), the Atomic Energy Act, the Department of Transportation (DOT), Defense Logistics Agency Disposition Services (DLA-DS), and relevant sections of the U.S. Code of Federal Regulations (CFR) 40 and 49, along with applicable federal and state laws, regulations, and ordinances. Upon completion of testing and receipt of results, the Contractor shall provide the necessary documentation to the Contracting Officer's Representative (COR)

Standard:

a) Tasks shall be performed IAW U.S. EPA, HDOH, DOT, and Federal, State, laws, regulations, and ordinances.

AQL: Contractor shall meet this standard 100% of the time.

3.2 Work Requests. The Contracting Officer Representative (COR) or the Authorized Individual (AI) will initiate the work by emailing a Work Request Form (TE 1) to the Contractor. The Contractor must acknowledge receipt of this order by sending a confirmation email to the COR or AI within three (3) business days of receiving the Work Request. Upon completion of the work, the Contractor shall submit a billing summary along with the original Work Request Form (TE 1) to the COR for review.

Standard:

a) Confirmation of order shall be submitted within 3 (three) business days of receipt.

AQL: Contractor shall meet this standard 90% of the time.

3.3 Documentation Preparation & Submission. The Contractor is responsible for preparing all required turn-in documents for hazardous waste materials, which shall include, but are not limited to, the Hazardous Waste Profile Sheet (TE 2) (DRMS Form 2511). Additionally, the Contractor must submit a completed electronic copy of the Hazardous Waste Profile test report (TE 2) within twenty-one (21) working days of receiving the Work Request, along with any relevant laboratory reports.

Standard:

a) Contractor shall complete and prepare all applicable forms.

b) Submit e-copy of Hazardous Waste Profile test report within 21 days.

AQL: Contractor shall meet this standard 100% of the time.

Deliverable:

A001 E-copy of Hazardous Waste Profile Test Report

3.4 Sampling/Testing- The Contractor shall complete all sampling within seven (7) working days after receipt of the Work. All samples will be collected from the Transfer Accumulation Point (TAP) located at Building 6040 on Schofield Barracks. The Contractor shall sample and test content in containers/receptacles to determine if any hazardous waste characteristics exist; a waste is considered hazardous under the U.S. Environmental Protection Agency (EPA) Subtitle C of the Resource Conservation and Recovery Act (RCRA) by exhibiting any of the characteristics: ignitability, corrosivity, reactivity, or toxicity. The Contractor shall obtain duplicate samples from the containers/receptacles when requested by the Government and is responsible for the costs of the tests. needed to fill out the Hazardous Waste Profile Sheet (TE 2).

Standard:

a) All sampling shall be completed within seven (7) working days after receipt of Work Request.

AQL: Contractor shall meet this standard 95% of the time.

3.4.1 Chain of Custody. The Contractor shall implement chain of custody procedures for all samples. The required documentation, which must be obtained from Department of War (DOW) accredited testing facilities, shall clearly detail the samples and indicate the individuals involved in the transfer, including their names, signatures, dates, times, and descriptions and identifications of the samples. Upon completion of testing, the Contractor shall submit this documentation to the Contracting Officer's Representative (COR) for review.

Standard:

a) Chain of custody and Container Processing are completed accurately AQL: Contractor shall meet this standard 100% of the time.

3.4.1.1 Processing of Container. The Contractor shall pump the designated hazardous waste from the location specified by the Contracting Officer Representative (COR) into new Performance Oriented Package (POP) drums or containers provided by the Contractor. All POP drums and containers must comply with Department of Transportation (DOT) specifications. Following the completion of pumping, the Contractor shall weigh each drum or container. This operation must be conducted within three (3) working days of receiving the Work Request. Additionally, the Contractor shall ensure that each sampled container or receptacle is marked with weatherproof ink for clear identification, as required by the COR and Authorized Individual (AI).

Standard:

a) All POP shall meet DOT specifications.

c) Pumping of hazardous waste completed within three (3) working days after receipt.

AQL: Contractor shall meet this standard 100% of the time.

3.4.2 Full Range Testing- The comprehensive hazardous waste testing program shall include a suite of tests tailored to each sample type. For liquid samples, the testing shall assess ignitability, corrosivity, reactivity, total volatile organic compounds (TVOCs), total semi-volatile organic compounds (TSVOCs), and total RCRA metals. Solid samples will be evaluated for ignitability, corrosivity, reactivity, total RCRA metals, TVOCs, and TSVOCs. Metal testing will focus on the total RCRA 8 metals and will also include the Toxicity Characteristic Leaching Procedure (TCLP). Testing for total pesticides and herbicides will be conducted only for Contract Line-Item Numbers (CLINs) that specifically require this analysis. All testing requirements will adhere to the specifications outlined in Sections F, K, P, and U of Title 40 of the Code of Federal Regulations (CFR), Part 261.

Definition of Solids- For Contract Line-Item Numbers (CLINs) identifying solids greater than 0.5%, this term refers to the proportion of solid material in a waste sample, indicating that at least 0.5% of the total weight of the material is in solid form.

Definition of Corrosivity: Corrosive wastes are classified as hazardous due to their corrosivity characteristic. This includes aqueous waste with a pH of less than or equal to 2, a pH greater than or equal to 12.5, or those that exhibit the ability to corrode steel. The Environmental Protection Agency (EPA) designates D002 as the waste code for corrosive hazardous waste, as outlined in 40 CFR 261.22.

Standard:

a) All required tests shall be completed and accurate.

AQL: Contractor shall meet this standard 100% of the time.

3.5 Transportation

The Contractor is responsible for transporting hazardous waste containers and receptacles to Department of War (DOW) accredited testing facilities from various U.S. Army military installations located on the Island of Oahu. The Contractor must possess an EPA Hazardous Waste Transport Number and display the appropriate placards on the transport vehicle. The transportation of hazardous waste materials shall be completed by the Contractor within fourteen (14) working days following the receipt of the Work Request.

3.5.1 Packaging. The Contractor shall ensure that all containers and receptacles are prepared in accordance with U.S. EPA, DOT packaging, and DLA-DS requirements. Additionally, the Contractor must adhere to the Code of Federal Regulations (CFR) for all labeling, marking of containers and receptacles, and the submission of turn-in documents.

3.5.1.1 Repackaging

The Contractor shall repackage any containers and receptacles as necessary to meet U.S. EPA, DOT packaging, and DLA-DS requirements. This may include tasks such as pumping oil/water separators, as well as pumping underground and above-ground storage tanks, while ensuring that there are no releases into the environment from leaking or damaged containers. The Contractor must comply with the Code of Federal Regulations (CFR) for all labeling and marking of containers and receptacles, as well as for the submission of turn-in documents. Additionally, the Contractor shall verify that packaging is completed within one (1) hour following verbal approval.

3.5.1.1.1 Coordination with Point of Contact

The Contractor shall coordinate the transportation of hazardous waste containers and receptacles with the Transfer Accumulation Point Manager at least one (1) week in advance.

Standard:

a) Transportation completed within 14 working days after receiving Work Request.

b) Packaging is compliant with EPA and DOT requirements.

c) Verify packaging is completed within one (1) hour after verbal approval.

b) Coordinate Hazardous Waste transport with Transfer Accumulation Point Manager one (1) week in advance.

AQL: Contractor shall meet this standard 100% of the time.

3.6 Documentation Management & Retention. The Contractor shall complete analysis within fourteen (14) working days after sampling is conducted. The Contractor shall submit an electronic copy of the analyses report to the COR and AI, within twenty-one (21) working days after receipt of the Work Request. The Contractor shall submit a hard copy of the laboratory analyses report with the monthly invoice to the COR. See TE 2 for example content of analysis report.

Standard:

a) Analysis shall be completed with (fourteen) 14 working days after sampling.

b) Analysis report shall be submitted within twenty-one (21) days after receipt of Work Request.

AQL: Contractor shall meet this standard 100% of the time.

Deliverable:

A002 – Hazardous Waste Profile Sheet (TE #2)

4.0 Performance Requirement Summary (PRS)

Statements
Standards/AQLs
Method of Surveillance
3.1 Prepare and transport hazardous waste, ensuring compliance with EPA regulations and state laws.
a) Tasks will be performed in accordance with U.S. EPA, HDOH, DOT, and applicable federal and state laws and regulations.

AQL: Contractor shall meet this standard 100% of the time.

100% Inspection

3.2 Work Requests- Contractor shall submit to the COR or AI a confirmation of receipt of Work Request.

a) Confirmation of order shall be submitted within one (3) business day of receipt

b) Completes actions within specified deadline.

AQL: Contractor shall meet this standard 90% of the time.

Periodic Inspection

3.3 Documentation Preparation & Submission- The Contractor shall complete and submit all required forms. Deliverables: A001 E-copy of Hazardous Waste Profile Test Report
a) Contractor shall complete and prepare all applicable forms.

b) Submit e-copy of Hazardous Waste Profile test report within 21 days.

AQL: Contractor shall meet this standard 100% of the time.

100% Inspection

3.4 Contractor shall complete Sampling / Testing.
a) All sampling shall be completed within seven (7) working days after receipt of Work Request.

b) Completes actions within specified deadlines AQL: Contractor shall meet this standard 95% of the time.

Periodic Inspection

3.4.1 – Chain of Custody
a) Chain of custody and container processing are completed accurately.

AQL: Contractor shall meet this standard 100% of the time.

100% Inspection

3.4.1.1 Processing of Container
a) All POP shall meet DOT specifications.

b) Pumping of hazardous waste completed within three (3) working days after receipt.

AQL: Contractor shall meet this standard 100% of the time.

100% Inspection

3.4.2 Full Range Testing
a) All required tests shall be completed and accurate.

AQL: Contractor shall meet this standard 100% of the time.

100% Inspection

3.5- 3.5.1- 3.5.1.1 Transportation/Packaging- The Contractor must transport hazardous waste to DOW-accredited facilities within 14 working days of request. The Contractor shall prepare containers per U.S. EPA, DOT, and DLA-DS requirements, following CFR regulations.
a) Transportation shall be completed within fourteen (14) working days of receiving work request. b) Packaging is compliant with EPA and DOT requirements.

c) Verify packaging is completed within one (1) hour after verbal approval.

d) Coordinate Hazardous Waste transport with Transfer Accumulation Point Manager one (1) week in advance. AQL: Contractor shall meet this standard 100% of the time.

100% Inspection

3.6 Documentation Management * Retention-The Contractor shall complete analysis within 14 working days and submit reports within 21 working days.

A002 E-copy of Hazardous Waste Profile Sheet (TE 2)

a) Analysis shall be completed with (fourteen) 14 working days after sampling. b) Analysis report shall be submitted within twenty-one (21) days after receipt of Work Request.

AQL: Contractor shall meet this standard 100% of the time.

100% Inspection

5.0 Special Requirements

This section describes the special requirements for this effort. The following sub-sections provide details of various considerations on this effort.

5.1 Security and Safety.

5.1.1 Security Requirements. The Contractor shall follow installation access pass procedures as required by the Provost Marshall Office for securing Contractor personnel identification cards and vehicle passes for performing work on the installations. The Contractor shall ensure personnel and contractor vehicles are identifiable with nametags and signs. Contract employees are subject to investigative background checks by the Government.

5.1.2 Identification of Contractor Employees. Provide each employee with identification (ID) badge made of nonmetallic material, easily readable and including employees’ name, contractors name, functional area of assignment, and recent color photograph of the employee.

5.1.3 Display of ID Badges. All Contractor personnel shall wear the ID badge at all times when performing work under this contract at a Government site, including while attending Government meetings and conferences that may take place outside the Government facility.

5.1.4 Appearance of Personnel. The Contractor shall ensure that contract personnel present a neat and professional appearance at all times. Contractor personnel performing work under this contract shall wear as outer wear a shirt or vest with the company name.

5.2 Government Furnished Materials. The Government will make available electricity and water for use. No labor, tools, equipment, supplies, materials or transportation furnished by the Government.

6.0 Environmental Requirements. The contractor shall comply with all documents referenced under paragraph 9.0 and its sub-paragraphs.

7.0 Deliverables

7.1 Quality Control Plan. Quality Control Plan (QCP). Quality control is the responsibility of the Contractor. The Contractor shall develop, implement, and maintain an effective quality control program which shall be documented in a QCP to ensure services are performed IAW this PWS. The Contractor shall develop and implement procedures to identify and prevent the recurrence of defective services. The Contractor’s QCP is how they assure themselves that the work conforms to contract requirements. The basic principle of the plan is that the Contractor is responsible for quality control. The QCP shall be constructed in such a manner that each Service can be extracted and used for that function only and not contain extraneous information. The Contractor's QCP shall include a separate section, which addresses the Contractor's method of managing quality of work. The QCP shall include a description of the inspection system to address services listed in this PWS, and a description of the methods to be used for identifying and preventing defects in the quality of services performed. The plan shall include a description of the Contractor’s inspection system to include specifics as to areas to be inspected on a scheduled and unscheduled basis, frequency of inspections, and the title and organizational placement of the Contractor’s inspectors. No lead person or first line supervisor shall be considered a Quality Control Inspector. The Contractor shall develop, maintain, and submit a QCP to the KO for acceptance within thirty (30) calendar days after the contract is awarded. The Contractor shall submit any proposed changes in the QCP to the KO for written approval five (5) working days prior to implementation.

7.1.1 Quality Control Files.

The Contractor shall develop, maintain, and submit a QCP to the KO for acceptance within thirty (30) calendar days after the contract is awarded. The Contractor shall submit any proposed changes in the QCP to the KO for written approval five (5) working days prior to implementation.

Performance Standards

a) STD: Identified trends and corrects deficiencies AQL: 95% accurate 100% of the time and improved to 100% within thirty (30) days of government notice.

Due: QCP is due thirty (30) days after contract start date and within five (5) days after any changes.

Deliverable A003 Quality Control Plan

7.2 Deliverables Listing

A001 E-copy of Hazardous Waste Profile Test report A002 Hazardous Waste Profile Sheet (TE 2) A003 Quality Control Plan

8.0 Technical Exhibits

Technical Exhibit 1 (TE 1) – Work Request Form Technical Exhibit 2 (TE 2) Hazardous Waste Profile Sheet (DRMS Form 2511)

9 OTHER INFORMATION

9.1 GENERAL ENVIRONMENTAL STANDARDS

(a) While performing work on any US Army Garrison Hawaii (USAG Hawaii) installations, the Contractor shall comply with Executive Orders 13423 “Strengthening Federal Environmental, Energy, and Transportation Management” signed by the President on 24 Jan 2007 and 13514, “Federal Leadership in Environmental, Energy, and Economic Performance” signed by the President on 8 Oct 2009 requiring the acquisition of environmentally preferable goods and services, use of sustainable environmental practices, purchase of bio based, energy efficient and recycled content products. More specifically, the Contractor shall strive to improve upon their sustainability performance by taking actions to:

(1) Reduce energy consumption

(2) Reduce greenhouse gas emissions

(3) Conserve and protect water resources

(4) Eliminate waste, recycle, and prevent pollution

(5) Adopt sustainable technologies

(6) Procure environmentally preferable materials, products and services

(7) Maintain sustainable buildings

(8) Strengthen livability of the local community

(9) Inform and involve personnel in the achievement of these goals.

(b) The Contractor shall comply with the Government directives, permit conditions, installation policies and plans as administered by the Government. The Contractor shall be held liable to pay for any environmental fines resulting from his operations, waste generated or other operational environmental requirements. As applicable, the Contractor shall obtain environmental permits required for wastewater pretreatment, underground tanks, hazardous waste identification numbers, and air pollution permit for temporary sources, storm water permits or other pertinent environmental permits.

(c) The Contractor shall review and comply with applicable policies, program documents and regulatory requirements as stipulated under each environmental program media below.

(1) Environmental program documents include but are not limited to; the Installation Hazardous Waste Management Plan – USAG Hawaii Regulation 200-4, Asbestos Management Plan, Lead-based Paint Management Plan, Installation Spill Prevention, Control, and Countermeasures (SPCC) Plan, Integrated Natural Resources Management Plan, Integrated Cultural Resources Management Plan, Pollution Prevention Plan, and the Storm Water Pollution Prevention Plan available at the DPW Environmental Division. Environmental program documents can be downloaded from the installation sustainability and environmental management website at: http://www.garrison.Hawaii.army.mil/sustainability/Environmental.aspx.

(2) Installation policies include, but are not limited to; the Environmental Compliance and Protection Program Policy Memorandum USAG Hawaii-4; Environmental Policy Memorandum USAG Hawaii-10; Authorized Use List Policy Memorandum USAG Hawaii-19, Waste Reduction and Recycling Policy Memorandum USAG Hawaii-25; Open Burn Policy Memorandum USAG Hawaii-51; Generator Control Policy Memorandum USAG Hawaii-55; Illicit Discharge Detection and Elimination Policy Memorandum USAG Hawaii-59; and the Joint USARPAC and IMCOM-Pacific Energy Conservation Policy Guidance. Installation Policy Memorandums are available for download at: http://www.garrison.Hawaii.army.mil/command/documents.htm

(3) The Contractor is also encouraged to view the online A to Z sustainability and environmental management guide for instructions on managing common environmental issues. The A-to-Z sustainability and environmental management guide is available at: http://www.garrison.Hawaii.army.mil/sustainability/AtoZ.aspx.

(d) The Contractor shall always keep the work area, including storage areas used by him, free from accumulations of waste material or rubbish and prior to completion of the work remove any rubbish from the premises and all tools, scaffolding, equipment and materials not the property of the Government. Upon completion of the work, the Contractor shall leave the work and premises in a clean, neat and workmanlike condition satisfactory to the Contracting Officer. If debris is not disposed of properly or the site is not left clean, the Government will clean the site at the expense of the Contractor. The Contractor shall also be held liable for damages done to the environment as a result of disposal and/or cleanup.

(e) The Contractor may be subject to unannounced Environmental Compliance Inspections by the DPW Environmental Division.

(f) Environmental and Safety Noncompliance Fees. The Contractor shall be solely responsible for remedying all Federal, State and local environmental and safety violations or noncompliance and any payment of fines, penalties and fees levied as a result of the violations or noncompliance. The Government reserves the right to withhold payment in the amount of fines, penalties and fees levied if not paid by the Contractor.

9.2 EMERGENCY PLANNING COMMUNITY RIGHT TO KNOW ACT (EPCRA) HAZARDOUS SUBSTANCES (HS)

(a) Contractors using EPCRA HS in the performance of any work while on USAG Hawaii installations are responsible for complying with the provisions of EPCRA regulations and submitting applicable reports (TIER II/TRI) to Federal and State regulatory agencies as applicable.

(b) Copies of reports for substances used in connection with work performed on USAG Hawaii installations shall be provided to the DPW Environmental Division, Attention: EPCRA Program Manager, STOP 253, 3rd Floor, 948 Santos Dumont Ave., Wheeler Army Airfield, phone 808-656-2878.

(c) Chemicals regulated under EPCRA HS are defined in EPA document EPA 550-B-98-017, Title III List of List, Consolidated List of Chemicals Subject to the Emergency Planning and Community Right to Know Act and Section 112(r) of the Clean Air Act Amended.

(d) The Contractor is responsible for knowing which chemicals it uses or transports that are contained on the list. For convenience, the Contractor may review a copy of the EPA document at the Directorate of Public Works (DPW) Environmental Division. The document can also be downloaded from the U.S. Environmental Protection Agency (EPA) at: http://www.epa.gov/oppt/pubs/genpub.htm.

(e) The Contractor shall maintain copies of Material Safety Data Sheets (MSDS’s) of all chemicals used in the performance of any work while on USAG Hawaii installations. MSDSs must be readily available at the site location where the work is being performed.

(f) The Contractor can request the list and locations of EPCRA HS currently utilized on USAG Hawaii installations by contacting the DPW Environmental Division EPCRA Program Manager. The Contractor must provide name, company, contract number, date the contract was awarded and provide a description of the contract. A database of locations of chemicals will then be forwarded upon review and approval of request. Contractors working on USAG Hawaii installations are encouraged to review this database, which will provide information where potentially hazardous chemicals are stored.

(g) All spills of substances containing EPCRA HS will be immediately reported to the Directorate of Public Works Spill Response line at 808-656-1111 and the USAG Hawaii, Public Affairs Office at 808-656-3160 or 808-542-9489 (after hours). The Contracting Officer must be notified during the first business hour immediately after. All waste generated from EPCRA HS being utilized will be immediately reported to the DPW Environmental Office, phone: 808-656-2878.

(h) All Contractors utilizing substances containing EPCRA HS will perform the following prior to contract start.

(1) Review the Installation Spill Prevention, Control, and Countermeasures (SPCC) Plan and the Installation Hazardous Waste Management Plan – USAG Hawaii Regulation 200-4 available at the DPW Environmental Division or from the installation sustainability and environmental management website at: http://www.garrison.Hawaii.army.mil/sustainability/Environmental.aspx. Upon review, the Contractor or designated responsible employee shall sign a certification statement that they have reviewed and understand the contents of these documents.

(2) Provide a listing and MSDS copies of oil and Hazardous Substance (HS) products projected to be utilized in the performance of any work while on USAG Hawaii installations to the DPW Environmental Division. The estimated average and maximum quantities of each material anticipated to be on-site at any given time shall also be provided to the DPW Environmental Division EPCRA Program Manager, STOP 253, 3rd Floor, 948 Santos Dumont Ave., Wheeler Army Airfield, phone 808-656-2878 and to Building 6040 East Range for material to be bar-coded. The Contractor shall ensure the product listing is current and updated as frequently as necessary and/or at a minimum, on an annual basis by 1 January of each year.

(3) Provide the name, office phone number, and cellular phone number of a company spill response point of contact. The point of contact must be trained in spill response.

(4) Provide a copy of an agreement with a hazardous materials spill response company in the event of a spill.

(5) Provide copies of employees’ training certificates on environmental and spill response training.

(6) Appoint a primary and alternate Environmental Compliance Officer in writing.

(7) Develop a notification procedure in the event of a spill to include phone numbers of response personnel, support agencies, National Response Center, State Hazard Evaluation Emergency Response Office and Civil Defense.

(8) Accomplish all spill notifications as required by the U.S. Environmental Protection Agency and State of Hawaii to the Hazard Evaluation Emergency Response Office, Local Emergency Response Commission and National Response Center. Copies of written spill notifications shall be provided to the DPW Environmental Division.

(9) All spills caused by the Contractor shall be cleaned up under supervision of the Contractor and a qualified hazardous materials spill response company, at no cost to the government, in accordance with all applicable laws and regulations and to the satisfaction of the DPW Environmental Division.

(10) The Contractor shall pay for disposal cost of all contaminated materials to include but not limited to soil, sorbent materials, disposable equipment and other materials contaminated by the spill. Ensure all disposals are in accordance with all applicable laws and regulations at authorized disposal facilities.

9.3 SPILLS OF PETROLEUM, OIL, LUBRICANTS OR HAZARDOUS MATERIALS AND WASTE

(a) The Contractor shall prepare and maintain a site-specific spill plan, including notification procedures for spills/releases. The spill plan will include phone numbers of response personnel, support agencies, National Response Center, State Hazard Evaluation Emergency Response Office and Civil Defense. The Contractor shall provide a copy of the spill plan to DPW Environmental Division upon request.

(b) The Contractor shall provide immediate response to stop, contain, and clean-up all spills of oil and other hazardous substances that result from his performance under this contract.

(c) The Contractor shall report all spills immediately to the DPW Spill Response line at 808-656-1111 in accordance with the Installation SPCC Plan. Additionally, the Contractor shall notify the COR of the incident during normal business hour or the first business hour following the incident.

(d) The Contractor shall accomplish all spill notifications and written spill reports as required by the U.S. Environmental Protection Agency, State of Hawaii Hazardous Evaluation Response Office, Local Emergency Planning Commission and National Response Center, in accordance with applicable laws and regulations.

(e) The Contractor shall provide a copy of spill notifications and written reports to the DPW Environmental Division.

(f) All spills caused by the Contractor shall be cleaned up under the supervision of the Contractor and/or a qualified hazardous waste/materials spill response company, at no cost to the USAG Hawaii, in accordance with all applicable laws and regulations and to the satisfaction of the DPW Environmental Division. If cleanup is not accomplished in a timely fashion, or to the satisfaction of the DPW Environmental Division, the Government will assist with the final cleanup, and the Contractor shall provide appropriate reimbursement of cleanup costs.

(g) The Contractor shall pay for all clean up, management, and disposal cost of all contaminated materials to include but not limited to soil, sorbent materials, disposable equipment and other materials contaminated by the spill. The Contractor shall ensure waste disposal is accomplished in accordance with all applicable laws and regulations and at an authorized/permitted treatment and disposal facilities.

(h) The Contractor shall pay any fines or penalty charges associated with a citation issued by federal, state or local officials as a result of the accident.

(i) Contractors handling bulk fuel must be trained to do so, and mobile fuel operations must be approved by the DPW Environmental Division.

(j) Off-Post Spills. The Contractor shall be responsible for and pay for cleanup of off-post spills in accordance with directions received from appropriate local authorities (e.g., Honolulu Fire Department, State Civil Defense, etc.). Off-post spills in connection with work performed under this contract shall also be reported to the DPW Spill Response line at 808-656-1111 and the COR.

(k) Discovery of other than Contractor-caused spills. The Contractor shall report any spills of hazardous materials to the DPW Spill Response line at 808-656-1111 and the COR upon discovery.

9.4 HAZARDOUS WASTE (HW) and NON-REGULATED WASTE (NRW).

(a) The Contractor shall comply with the Environmental Compliance and Protection Program Policy Memorandum USAG Hawaii -4.

(b) The Contractor shall determine, based on generation of hazardous waste(s) resulting from their operation/activities their respective hazardous waste generator status. The Contractor is responsible to manage HW and NRW generated on-site from inception to disposal in accordance with all applicable, federal, state, and local regulations. All costs associated with disposal are borne by the Contractor.

9.5 RECYCLING PROGRAM

(a) The Contractor shall comply with USAG Hawaii Policy Memorandum 25, Waste Reduction and Recycling, requiring diversion of solid waste to the fullest possible. More information can be found on the installation sustainability and environmental management website at: http://www.garrison.Hawaii.army.mil/sustainability/Recycling.aspx

(b) Identify a recycling POC to DPW Environmental Division to include name, phone number and email address.

(c) Report quantities of refuse disposed and recycled to DPW Environmental Division as part of the work performed under this contract as applicable.

9.6 NATURAL AND CULTURAL RESOURCES PROGRAM

(a) The Contractor shall comply with USAG Hawaii Range Standard Operating Procedures (SOPs). All personnel who use the ranges must complete a mandatory pre-brief covering issues associated with Natural and Cultural Resources.

(b) The Contractor shall be cognizant of the potential environmental impact and liability their actions could have if specified procedures are not followed on Army lands. The Contractor shall be aware that USAG Hawaii manages more than 100 threatened and endangered species including plants, snails, birds, bats, insects, and their critical habitat and over 1,300 prehistoric archaeological sites, including temple structures, stone markers, fishing shrines, habitation sites, caves, rock shelters, mounds, burial platforms, earth ovens, stone walls and enclosures, agricultural terraces, irrigation canals, petroglyphs and trails.

(c) The Contractor shall take every precaution to prevent starting wildfires at training areas and must put them out if they do occur. The Contractor shall report all wildfires to range control immediately at 808-655-1434.

(d) The Contractor shall be familiar with the policy and restrictions regarding the types of ammunition that can be used under the different Burn Indices (BI) and on the different ranges.

(e) The Contractor shall comply with the non-smoking policy at training areas and only allow smoking in designated areas.

(f) The Contractor shall comply with the range best management practices to prevent the spread of invasive plant species from one training area to another by always washing vehicles, gears and equipment before starting new training activities.

(g) The Contractor shall stay out of areas marked with Seibert Stakes. Seibert stakes are placed along roads and within vegetated areas to advise personnel of unsafe or hazardous range or training conditions and/or environmentally sensitive off-limit areas.

(h) The Contractor shall refer to the installation sustainability and environmental management website at: http://www.garrison.Hawaii.army.mil/sustainability/NaturalResources.aspx and http://www.garrison.Hawaii.army.mil/sustainability/CulturalResources.aspx for additional information.

9.7 NATIONAL ENVIRONMENTAL POLICY ACT (NEPA)

As applicable, and upon request by the Government, the Contractor shall comply with the NEPA process, notify the DPW Environmental Division and complete a Record of Environmental Consideration (REC) for actions such as, but not limited to:

(1) Actions that could impact historic structures, cultural and natural resources

(2) Minor renovation or new construction

(3) Actions that introduce new training vehicles, maneuvers, and weapons

(4) Replacing or removing floor tiles, ceiling tiles, sound proofing material, lighting fixtures, carpet, serving line equipment, natural gas unit

(5) Installing interior doors, windows, partitions, security cameras, rerouting ductwork

9.8 SUSTAINABLE ENVIRONMENTAL MANAGEMENT (SEM) SYSTEM

(a) The Contractor shall be familiar with and comply with the installation’s Environmental Policy Memorandum USAG Hawaii -10 and all 18 components of the installation SEM system manual in conformance with the ISO 14001 standard. The SEM system manual is available for download at: http://www.garrison.Hawaii.army.mil/sustainability/SEM.aspx

(b) In accordance with OPORD IMPC-HI-ZA 02-09, the Contractor will train all personnel in SEM awareness provided by DPW Environmental Division upon contract award. Refer to the installation Sustainable and Environmental Management website at http://www.garrison.Hawaii.army.mil/sustainability/Training.aspx for information about the online training logging and access procedure.

(c) The Contractor shall support, as applicable, USAG Hawaii in achieving the reduction and environmental improvement goals identified in the installation Strategic and Sustainability Plan, as well as Executive Order 13514. The Contractor shall strive to accomplish these goals by implementing and promoting green practices to help reduce their environmental footprint, fostering an ethic that takes the Army beyond environmental compliance to sustainability.

(d) Appoint a SEM point of contact to DPW Environmental Division to include Name, phone number and email address upon request by the Government.

9.9 ENERGY AND WATER CONSERVATION

(a) Upon request by the Government, the Contractor shall appoint a Unit Energy Conservation Officer (UECO) and Building Energy Monitor (BEM) and fully participate in the Garrison's energy and water conservation program.

(b) Appointed BEM and UECO must attend the training class provided by the DPW Engineering Branch.

(c) The appointed UECOs and BEMs are responsible for ensuring energy-saving measures are being enforced in each building and providing regular reports to DPW Engineering Branch showing how the Contractor is doing at conserving energy.

(d) More information can be found on the installation sustainability and environmental management website at: http://www.garrison.Hawaii.army.mil/sustainability/Energy.aspx

9.10 PRECAUTIONS FOR THE PROTECTION OF EXISTING UTILITIES (INCLUDES COMMUNICATIONS) AND FACILITIES.

(a) Contractors are required to ensure necessary precautions and obtain required permits to protect government utilities and facilities. Contracts involving dredging, excavating, blasting and grading operations, demolition of structure and the moving of heavy and/or bulky equipment shall be subject to the following procedures and conditions:

(1) The Contractor shall obtain a written concurrence of the existing conditions and locations of utilities for his operations from the COR prior to beginning work and request the best information available on the location of Engineer facilities. Contractor shall verify locations of all utilities identified by the Government which affect his work.

(2) The Contractor shall be required to obtain a written clearance for his operations prior to beginning work and shall have locations of signal underground facilities staked out in the field from the 30th Signal Battalion/Network Enterprise Center-Hawaii (NEC-HI), EMC, IMG (Army Telephone, Data/LAN): Bldg. 600, Room 157, 148 Curtis Loop, Wheeler Army Airfield. Mr. Eugene Brown, (Primary AO) 808- 656-6656; Marion F. Robinson, Jr., 808-656-1765 (Alt AO). Business Hours: Mon - Fri. 0830-1700.

(3) If any cable/conduit is uncovered or damaged during excavation process, immediately contact:

(i) the JHITS trouble desk, 808-659-1444

(ii) the NEC-HI RNOSC, 808-655-2999, with detailed information on situation, and

(iii) the NEC-HI POCs (above) with reported dates, times and details.

(4) The Contractor shall also obtain a written clearance for gas line for these operations from The Gas Company (Tel: 808-594-5575) prior to beginning work and shall have locations for underground facilities staked out in the field by Gas Company personnel.

(5) Additional Digging Information: At least five days prior to digging please call the number below. Government Agency and Contact Person: Hawaii One Call Center Phone Number:

1- 866-423-7287.

(b) The Contractor shall be liable for damages resulting from his failure to comply with (1), (2), (3) or (4) above.

9.11 AMC-LEVEL PROTEST PROGRAM

(a) If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible Contracting Officer. However, you can also protest to Headquarters, AMC.

(b) The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO.

(c) The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. Send protests (other than protests to the Contracting Officer) to:

Headquarters U.S. Army Materiel Command Office of Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Fax: (256)450-8840

(d) The AMC-level protest procedures are found at: http://www.amc.army.mil/amc/commandcounsel.html. If Internet access is not available, contact the Contracting Officer or HQ, AMC, to obtain the AMC-Level Protest Procedures.

9.12 ACCESS TO ARMY INSTALLATIONS – PERSONNEL AND VEHICLES.

The Government recognizes the important roles companies like you play in our day-to-day operations. That is why USAG-Hawaii is enhancing the current access control solution called the Automated Installation Entry (AIE) Program. This program supports the security requirements while offering a streamlined access procedure for vendors, Contractors, sub-Contractors, suppliers and service providers. This program is available to new and existing personnel who require access to USAG-Hawaii and are not authorized to receive a Department of WAR CAC and desire a streamlined entry into the installation. Sponsorship and participation at each USAG-Hawaii location (e.g., Schofield Barracks, Wheeler Army Airfield, Fort Shafter, Tripler Army Medical Center, Pililaau Army Recreation Center, and Pohakuloa Training Area) is required.

AIE Credential holders may access the installation through any of the USAG-Hawaii Gates that size allows and will only be subject to random inspections.

Companies that choose not to participate in the AIE Program will have limited access through the Schofield Barracks Lyman gate, Fort Shafter’s Buckner Gate and Tripler Army Medical Center Main Gate. All employees will be required to go through the inspection area and will be subject to the standard access control procedures, security screenings, and/or vehicle inspections.

*Access control changes can occur at any time due to security requirements

Companies that service USAG-Hawaii facilities may initiate enrollment in the AIE Program by contacting the Contracting Officer’s Representative (COR).

If you have questions regarding the AIE Program at USAG-Hawaii, please contact Security Branch Operations, at 808-656-0232.

· AIE Program Enrollment Process for Background Check and Process to obtain AIE Badge

Enroll your company by contacting the COR who will be the Sponsor. The COR will provide the excel spreadsheet for the list of Contractor employee information. The following information is required from the Contractor: last name, first name, date of birth, status, social security number, company name, and contract number.

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