PWS Animal Control.pdf

SECTION 1: PERFORMANCE WORK STATEMENT

PART 1 – GENERAL

1. GENERAL: If there is conflict among any law, regulation, specification, standard, or policy, the most stringent will apply. The following provisions shall apply to the performance of work under this contract:

1.1. SCOPE OF WORK: Provide all resources, except Government Furnished Property (GFP), necessary to perform Animal Control services on Fort Drum, NY In Accordance With (IAW) this Performance Work Statement (PWS), and the terms and conditions of the contract.

1.1.1. BACKGROUND INFORMATION: This is a reprocurement, following contract number W911S2-14-D-3003 which is a fixed-price service requirements contract expiring 30 September 2019. It is anticipated that the need for these services will continue for the foreseeable future in order for DPW to effectively manage the stray pet population on Fort Drum. The anticipated Period Of Performance (POP) is 1 October 2021-31 March 2026.

1.2. HOURS OF OPERATION: Contractor operating hours shall be consistent with normal core duty hours of Fort Drum unless otherwise directed by the Contracting Officer (KO) or his designated representative. Normal core duty hours are 7:30 AM - 4:00 PM, Monday through Friday, excluding Government holidays. Certain restrictions apply to designated Physical Training (PT) areas on Fort Drum during PT hours.

1.3. CONTRACTOR PERSONNEL: For the purpose of this contract, the term “Contractor personnel” applies to all Contractor employees, subcontractor employees, or any other person(s) acting for or on behalf of the Contractor to perform work on this contract.

1.3.1. Project Manager: Prior to contract performance, the Contractor shall designate in writing, to the Contracting Officer, a Project Manager (PM), who shall be responsible for the overall management, coordination, and supervision of the work performed. The PM shall have knowledge of the terms and conditions of the contract. This PM shall have full authority to act for the Contractor on all contract matters relating to daily operations of this contract. The PM shall be available, by phone, anytime Contractor personnel are performing services on Fort Drum.

1.3.2. Contractor Employees:

1.3.2.1. General Qualifications: Contractor employees shall be trained, qualified, certified and/or licensed under the requirements specified in this contract prior to starting work.

The Contractor shall maintain records of training qualifications, certifications, and licenses and provide them to the Contracting Officer upon request. The Contractor shall ensure that the employees remain fully qualified to perform work under this contract. The Contractor shall maintain the work force in such a manner as to ensure that the employees remain fully qualified.

The Contractor shall only employ persons able to speak, read, write, and understand English for those positions interacting with Government personnel, and where English is used or essential to provide the product, record, data, information, or service. Contractor personnel shall be physically capable of performing work under all climatic conditions.

1.3.2.2. Specialized Qualifications: N/A

1.3.3. Employee Conduct: The Contractor shall not allow any employee to perform work who has illegal possession of, or who is under the influence of alcohol or controlled substances.

Government rules, regulations, laws, directives, and requirements, which are in place or issued during the contract term shall be applicable to all Contractor employees or representatives who enter the Installation or who travel using Government transportation. Violation of such rules, regulations, laws, directives, or requirements shall be grounds for removal (permanently or temporarily as the Government determines) from the work site. Individuals who violate such rules, regulations, laws, directives, or requirements may be denied access to the Installation, either temporarily or permanently. Contractor personnel receiving a driving under the influence (DUI) conviction may be prohibited from driving on the installation.

1.3.4. Employee Appearance: Contractor employees shall be appropriately dressed including any necessary individual protective clothing and equipment.

1.3.5. Personnel Constraints:

1.3.5.1. Conflicts of Interest: The Contractor shall not hire for this contract, any person whose employment would result in a conflict of interest, or employment which is prohibited by Department of Defense Regulation 5500.7-R entitled "Joint Ethics Regulation (JER)", Dated August 30, 1993.

1.3.6. Personnel Safety: The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. The Contractor shall comply with all applicable federal, state, local, and Fort Drum laws and regulations including, but not limited to environmental, safety, and occupational health laws and regulations.

Except as otherwise stated in the contract, if the Contractor encounters material on the project site reasonably believed to be hazardous (such as ammunitions), the Contractor shall immediately stop work in the affected area and give notice of the condition to the Contracting Officer or designated representative and Range Control (772-7152). Work in the affected area shall not resume without written permission of the Contracting Officer or designated representative.

1.4. SERIOUS ACCIDENT AND INCIDENT REPORTING:

1.4.1. The Contractor shall report serious accidents and incidents incurred while performing work under this contract immediately by the most expeditious means possible but not more than one hour following the accident or incident to the Fort Drum Directorate of Emergency Services, the Safety Office, and Contracting Officer. Serious accidents and incidents include, but are not limited to, those defined in AR 385-10 and AR 190-40 respectively or referenced in other applicable directives. Examples are as follows: One or more lives lost, one or more persons critically injured, three or more persons hospitalized due to one incident, property damage estimated to exceed $2,000, fire causing major damage to structures, equipment, or vehicles, and HAZMAT, hazardous substances, and HAZWASTE incidents.

1.4.2. Record of Injury Form: Immediately after a job-connected injury, the Contractor shall prepare a record of the incident/accident and forward it to the Contracting Officer's Representative (COR). The COR will forward the incident/accident report to the Command Safety Office. If more information is required the Command Safety office will coordinate with the COR for the required information.

1.5. CLAIMS LIABILITY ARTICLE: The Contractor shall indemnify, save harmless, and defend the Government from and against any and all claims, damages, actions, debts, liabilities, and attorneys' fees arising out of or in any manner predicated upon loss of or damage to the property of and injury to or death of any and all persons whatsoever, in any manner caused or contributed to by the Contractor, his agents, servants, employees or subcontractors while in, upon, or about the military installation wherein this work is located, or while going to or departing from the same; and to indemnify and save harmless the Government from, and on account of damage of any kind which the Government may suffer as the result of acts of negligence, fraud or misconduct of any of Contractor's agents, servants, employees, or subcontractors in or about said military installation.

1.6. SECURITY, INSTALLATION ACCESS AND CONTROL, AND TRAINING:

1.6.1. Anti-terrorism (AT) Level I training: This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area.

Antiterrorism Level I: All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee in WAWF with their invoice for the applicable invoicing period. If requested by the Contracting Officer, the Contractor shall also submit certificates of completion to the COR or to the contracting officer within 5 days of request. AT Level I awareness training is available at the following website: https://jkodirect.jten.mil

1.6.2. Access and general protection/security policy and procedures.

1.6.2.1 Installation Access and Identification of Contractor’s Employees: Entry to the installation requires the following: current vehicle registration, proof of insurance, valid driver's license for the vehicle driver, and picture identification for other personnel.

Contractors/Subcontractors and their employees requiring access to the installation will be required to comply with the installation access control policy/procedures. The Government will not be responsible for damages due to delay/stoppages caused by failure to comply. Contractors shall be restricted to physically sign in at Paul Cerjan Gate, Gas Alley, or WSAAF Gates for entry unless they have a DoD issued ID card, a local temporary pass, or a local access badge (LAB). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by Director of Emergency Services or

Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

1.6.2.2. The Contractor shall provide a list of names and dates of birth of all employees that will be working on this contract to include subcontractors. CORs/Contract Technical Representatives are required to complete an IMDR-ES Form 2 (Application for Sponsorship) for all individuals needing access under the contract and submit to usarmy.drum.imcom-atlantic.mbx.des-acp@mail.mil at least 7 days prior to access being needed.

1.6.2.3. Each employee who requires access to Fort Drum to perform work under any contract, at any tier, must obtain a DoD identification credential, temporary pass, or a LAB to obtain access to Fort Drum.

1.6.2.4. The Contractor shall provide information as required by the Fort Drum Chief, Physical Security to enable the government to conduct a criminal history background check (CHBC) on contractor employees who are to have access to Fort Drum. If the CHBC is not adverse, a 30 day temporary access pass will be prepared by the Fort Drum Physical Security Division while the contractor’s employee makes an appointment for a Local Access Badge (LAB) to be created if access is needed longer than 30 days. A LAB will be issued for a period of no longer than 365 days at a time. If the CHBC is adverse, the employee will be denied access. If access is denied for any reason, the contractor’s employee may request a waiver from the installation utilizing the Access Waiver Denial Program. If a contractor’s employee is denied access for any reason the employee will not be allowed access until a waiver is requested and approved. There is an appeals process through the Directorate of Emergency Services. Final determination to allow entry and the issuance of a DoD credentials rest with the Garrison Commander or his designee, the Director, Emergency Services.

1.6.2.5. If an employee no longer needs the DoD identification credential for any reason

(e.g. quits his/her job or no longer performs under the contract), the contractor is required to collect the DoD identification credential from the employee and surrender it to the Fort Drum Physical Security Division within four (4) calendar days of such change. If the DoD identification credential cannot be returned within the required time frame for any reason, the contractor shall immediately notify the Physical Security Division verbally, followed up in writing the next work day. Email notification is authorized. An employee’s inability to obtain entrance to a Government installation because he/she does not have the required identification badge or visitor’s pass shall not excuse timely performance of the requirements of this contract.

DoD identification credentials are currently issued at the Fort Drum Physical Security Division located in the Fort Drum MP Station. The Government may change the location at which DoD identification credential are issued or returned, with or without advance notice to the contractor.

Any such changes shall not be a basis for adjusting the contract price under any clause of this contract.

1.6.2.6. DoD identification credential will not be reproduced or copied by the contractor, its subcontractors, or their employees. If an employee’s DoD identification credential is lost, stolen, or reproduced, the contractor shall verbally report the loss, theft, or reproduction to the Fort Drum Physical Security Division on the day such loss, theft, or reproduction is discovered, followed by a written report of the circumstances to the Fort Drum Physical Security Division within two (2) calendar days.

1.6.2.7. Each contractor employee shall possess/wear the DoD identification credential while performing work under the contract. The DoD identification credential shall be worn on the upper front of the outer garment unless precluded by OSHA regulation(s). The DoD identification credential will not be used for access to any Government installation except for performance of work under the contract for which is was issued. The contractor, shall upon expiration or termination of the contract, collect all DoD identification credentials and turn them into the COR.

1.6.2.7.a. Personnel using Government Computers to access networks or other

Government systems will process necessary documents through the COR to obtain a Common Access Card (CAC). Before CAC issuance, the contract employee requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014-05. The contractor employee will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an initial CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management. Continued employment in any position requiring use of Government networks or systems may be contingent upon receiving a favorable background check. Within ten days of termination of employment, or at the end of this contract (whichever comes first), all identification cards shall be returned to the Contracting Officer. In the event an identification card is lost, the Contractor shall immediately notify the Contracting Officer’s Representative.

1.6.2.7.b. For contractors that do not require CAC, but require access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

1.6.3. AT Awareness Training for Contractor Personnel Traveling Overseas. This standard language required US based contractor employees and associated sub-contractor employees to make available and to receive government provided area of responsibility (AOR) specific AT awareness training as directed by AR 525-13. Specific AOR training content is directed by the combatant commander with the unit ATO being the local point of contact.

1.6.4. iWATCH Training: This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the COR). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 05 calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award. The contractor shall submit sign in sheet and/or meeting minutes in lieu of certificates of completion for each affected contractor and subcontractor employee by uploading the certificates in WAWF with their first invoice.

1.6.5. Army Training Certification Tracking System (ATCTS): Army Training Certification

Tracking System (ATCTS) registration for contractor employees who require access to government information systems. All contractor employees with access to a government information systems must be registered in the ATCTS (Army Training Certification Tracking System) at commencement of services, and must successfully complete the DOD Information Assurance Awareness prior to access to the IS and then annually thereafter.

1.6.6. OPSEC Program Requirement. For contracts that require a formal OPSEC program.

The contractor shall develop an OPSEC Standing Operating Procedure (SOP)/Plan within 90 calendar days of contract award, to be reviewed and approved by the responsible Government OPSEC officer. This plan will include a process to identify critical information, where it is located, who is responsible for it, how to protect it and why it needs to be protected. The contractor shall implement OPSEC measures as ordered by the commander. In addition, the contractor shall have an identified certified Level II OPSEC coordinator per AR 530-1.

1.6.7. OPSEC Training Requirement: For contracts that require OPSEC Training. All contractor employees, to include subcontractor’s employees, requiring access to Army installation, facilities, controlled, access areas, and/or installation computers shall complete OPSEC Level I training within 30 days after contract start date or effective date of incorporation of this requirement into the contract. The Contractor shall provide either certificates of completion or dates of attendance at the Garrison's Workforce Development quarterly training, for each affected contractor employee and subcontractor employee to the COR, or to the Contracting Officer if a COR is not assigned, with 15 calendar days after completion of training by all employees and subcontractor personnel. OPSEC Level 1 training is available on AKO (ALMS), at the Multipurpose Auditorium (MPA) Garrison quarterly mandatory training, or DOD Civilian/Contractor training at https://securityawareness.usalearning.gov/opsec/index.htm The contractor shall submit certificates of completion for each affected contractor and subcontractor employee by uploading the certificates in WAWF with their first invoice.

1.6.8. Information Assurance (IA)/Information Technology (IT) training: For information assurance (IA)/information technology (IT) training. All contractor employees and associated sub-contractor employees accessing government information systems must meet all General User (IT-III) requirements IAW AR 25-2 (Information Assurance), which includes appropriate Background Investigation, DoD IA Training requirements, and signing an Acceptable Use Policy (AUP), before issuance of network access, and annually thereafter.

1.6.9. Information Assurance (IA)/Information Technology (IT) certification: For information assurance (IA)/information technology (IT) certification. Per DoD 8570.01-M, DFARS

252.239.7001 and AR 25-2, the contractor employees supporting IA/IT functions shall be appropriately certified upon contract award. The baseline certification as stipulated in DoD 8570.01-M must be completed upon contract award.

1.6.10. Contractors Authorized to Accompany the Force. For contractors authorized to accompany the force. DFARS Clause 252.225-7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States. The clause shall be used in solicitations and contracts that authorize contractor personnel to accompany US Armed Forces deployed outside the US in contingency operations; humanitarian or peacekeeping operations; or other military operations or exercises, when designated by the combatant commander. The clause discusses the following AT/OPSEC related topics: required compliance with laws and regulations, pre-deployment requirements, required training (per combatant command guidance), and personnel data required.

1.6.11. Contract Requirement for Performance or Delivery in a Foreign Country, For Contract

Requiring Performance or Delivery in a Foreign Country, DFARS Clause 252.225-7043, Antiterrorism/Force Protection for Defense Contractors Outside the US. The clause shall be used in solicitations and contracts that require performance or delivery in a foreign country. This clause applies to both contingencies and non- contingency support. The key AT requirement is for non-local national contractor personnel to comply with theater clearance requirements and allows the combatant commander to exercise oversight to ensure the contractor’s compliance with combatant commander and subordinate task force commander policies and directives.

1.6.12. Handling of Classified Information: For contracts that require handling or access to classified information. Contractor shall comply with FAR 52.204-2, Security Requirements. This clause involves access to information classified “Confidential,” “Secret,” or “Top Secret” and requires contractors to comply with— (1) The Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DoD 5220.22-M); (2) any revisions to DOD 5220.22-M, notice of which has been furnished to the contractor.

1.6.13. Threat Awareness Reporting Program (TARP) Training: All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities and controlled access areas shall complete TARP awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion or memorandum for record documenting training completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 30 calendar days after completion of training by all employees and subcontractor personnel. TARP training is available on AKO (ALMS), at the Multipurpose Auditorium (MPA) Garrison quarterly mandatory training, or by contacting the 902nd MI at 315-772-2548 or via email usarmy.drum.imcom-atlantic.mbx.spy@mail.mil.

1.6.14. Contracts that Require Delivery of Food and Water: This standard language is for contractor employees with an area of performance delivering food and water within an Army-controlled installation, facility or area. The supplies delivered under this contract shall be transported in delivery conveyances maintained to prevent tampering with and / or adulteration or contamination of the supplies, and if applicable, equipped to maintain a prescribed temperature. All delivery vehicles will also be subject to inspection at all times and all places by the Contracting Officers Representative, Post Veterinarian, and / or Law enforcement Officials.

When the sanitary conditions of the delivery conveyance have led, or may lead to product contamination, adulteration, constitute a health hazard, the delivery conveyance is not equipped to maintain prescribed temperatures or the transport results in product "unfit for intended purpose", supplies tendered for acceptance may be rejected without further inspection. As the holder of a contact with the Department of Defense, it is incumbent upon the awardee to insure that all products and/or packaging have not been tampered or contaminated. Delivery conveyances will be locked or sealed at all times, except when actively loading or unloading.

Unsecured vehicles will not be left unattended. All incoming truck drivers will provide adequate identification upon request. In the event of an identified threat to an installation, or a heightened force protection/Homeland Security threat Level, the contractor may be required to adjust delivery routes to minimize vulnerability risks and enable direct delivery to DOD facilities.

1.6.15. Range Access: Where Range Access is required, Fort Drum Range Control will issue a “RANGE PASS” for contractor employees and contractor vehicles for the contract duration of the contract to allow access to perform work in range areas on Fort Drum. The range pass will be shown to any proper military or civilian authority, if requested. The Contractor shall notify Range Control each time they enter and exit the Range area.

1.7. ENVIRONMENTAL COMPLIANCE:

1.7.1. The Contractor shall comply with all Federal, State, and local regulations covering environmental protection. In case of a conflict among these laws and regulations, the most stringent law or regulation shall apply. If a Federal, State, or regulatory agency assesses any fine, penalty, or fee against the Government that is attributable to Contractor noncompliance with any environmental law or regulation, the Contractor shall indemnify the Government for the amount of the fine and other Government costs attributable to the violation (e.g., the cost of cleaning up a hazardous waste spill). In the event of Contractor noncompliance with any applicable environmental law or regulation, the Contracting Officer will determine whether the Government or the Contractor is responsible for abating or correcting the violation. This provision is not intended in any way to waive the Government’s rights under any other provision of this contract.

The Contractor shall fully comply with current and future Fort Drum regulations, plans and changes. Of particular importance are Fort Drum Regulation 420-7 and the most current Endangered Species Act Requirements Implementing Document. All Contractors and Sub-

Contractors shall be provided copies of these documents and are required to read and understand all facets.

1.7.2. Cultural Resources: The Contractor shall comply with all laws pertaining to cultural resources while conducting work on Fort Drum, including the National Historic Preservation Act, the Archaeological Resources Protection Act, and the Native American Graves Protection and Repatriation Act. Federal Law mandates that all cultural resources eligible for listing on the National Register of Historic Places must be protected from damage. Cultural resources include, but are not limited to, historic buildings and structures, cemeteries, historic and prehistoric archeological sites. Areas on Fort Drum containing National Register eligible cultural resources are marked with OFF LIMITS signs and/or Seibert Stakes, and shall be avoided. Federal Law prohibits Artifact/relic collecting on any cultural resource located on Fort Drum. In the event that an inadvertent discovery of items that appear to be cultural remains (historic foundations, graves, historic or prehistoric artifacts) occurs during ground disturbing activities, all work shall cease within a 30-meter radius of the find. DPTMS, Range Division (772-7152) and DPW, Environmental Division (772-4165, 772-2150, or 774-3848) shall be contacted immediately.

Any fill brought from outside the installation onto Fort Drum for any project must come from a mining source that is permitted by the NYS DEC and has been evaluated and cleared by an archaeologist.

1.7.3. Fort Drum has implemented an Environmental Management System (EMS) to proactively deal with the environmental impacts of its processes, activities, and services. Fort Drum uses the ISO 14001:2004 as the standard for its EMS. All personnel performing work for or on behalf of Fort Drum must be aware of and understand Fort Drum’s Environmental Policy.

Fort Drum offers EMS General Awareness Training in the form of a printed Handout. All Contractors and their employees are required to be made aware of EMS General Awareness Training and to post an EMS handout so that it is available to all employees. Contractors are also responsible for ensuring all subcontractors hired on their behalf receive EMS General Awareness Training handouts and that they are posted at the subcontractor’s site. The Contractor is also responsible to ensure that all goods and services used by the Contractor or any of its subcontractors do not deviate from the installation Environmental Policy, and objectives and targets of the EMS.

1.7.4. Sustainable Acquisitions:

1.7.4.1. The Contractor shall use Contractor-provided products that meet or exceed the following specifications IAW FAR 23.103-Sustainable Acquisitions.

(1) Energy-efficient (ENERGY STAR® or Federal Energy Management Program (FEMP)-designated);

(2) Water-efficient;

(3) Bio-based;

(4) Environmentally preferable (e.g., EPEAT®-registered, or non-toxic or less toxic alternatives);

(5) Non-ozone depleting; or

(6) Made with recovered materials.

1.7.4.2. The required products in the contract actions for services include products that are—

(1) Delivered to the Government during performance;

(2) Acquired by the contractor for use in performing services at a Federally-controlled facility; or

(3) Furnished by the contractor for use by the Government.

1.7.4.3. The Contractor shall ensure that the required products in the contract actions must meet agency performance requirements.

1.7.4.4. For the purposes of meeting the 95 percent sustainable acquisition requirement, the term “contract actions” includes new contracts (and task and delivery orders placed against them) and new task and delivery orders on existing contracts.

1.7.5. Wetlands.

1.7.5.1. No activity is authorized within wetlands that are not specifically addressed in the contract. No type of fill (e.g., soil, stumps, and trees) will be placed in wetlands outside of those areas specifically permitted for fill. All work shall be accomplished from the existing roadways, to the greatest extent possible. If work in wetlands is unavoidable, equipment mats must be used and removed immediately upon completion of work in wetlands.

1.7.5.2. All wetland boundaries will be physically marked in the field in such a way that provides a visible barrier to all personnel and equipment operators. All boundary line markers will be maintained throughout the duration of the contract and removed upon final inspection.

1.7.5.3. All clearing in wetlands not permitted for fill will be accomplished using hand tools and all material cut will be left in place, unless it can be removed by non-ground disturbing machinery, or if possible, through felling and removal by non-ground disturbing machinery. In either case, grubbing will not be allowed.

1.7.5.4. Pesticide usage shall be in accordance with all applicable federal, state, and local requirements. Permits must be obtained from the NYSDEC prior to the application of pesticides within NYSDEC regulated wetlands and the associated buffer areas. Contact Fort Drum’s Wetlands Program with the limits of work for pesticide usage. Fort Drum’s Wetlands Program will be responsible for obtaining the required permits. Permitting may take up to 60 days from application submission to the issuance of the permit(s) from the NYSDEC.

1.7.5.5. All inadvertent unauthorized impacts to wetlands will be immediately halted and reported to the KO. The KO will contact Public Works Environmental Division for guidance in further reporting and/or correcting the incident.

1.7.6. Biological Resources/Fish and Wildlife.

1.7.6.1. The Contractor shall minimize interference with, disturbance to, and damage of fish and wildlife. Species that require specific attention along with measures for their protection shall be listed by the Contractor prior to beginning of construction operations.

1.7.6.2. The federally-endangered Indiana bat and the federally-threatened northern long eared bat are present on Fort Drum and must be considered in all actions. Actions on Fort Drum, must be in accordance with requirements negotiated with the US Fish & Wildlife Service under Section 7 of the Endangered Species Act. Projects involving ANY habitat modification (e.g., vegetation removal) must be addressed by Fort Drum's Fish and Wildlife Management Program.

In general, no trees greater than 3 inches (diameter breast height) may be cut from 16 April - 15 October to avoid any direct adverse effects to these bats. Clearing of natural vegetation (e.g., shrubs and trees) less than 3 inches diameter breast height (DBH) should typically occur between August 1 and April 15 annually to minimize the impact to migratory birds and to maintain foraging areas for bats. The contractor (and all subcontractors) shall be responsible for coordination with Fort Drum's Fish & Wildlife Management Program to ensure compliance with the Endangered Species Act and all other applicable laws and regulations pertaining to wildlife.

Overall the contractor (and all subcontractors) shall minimize interference with, disturbance to, and damage to plants, fish, wildlife, and their habitats on and adjacent to the project area.

1.7.6.3. Flagging or signs must be used to demarcate construction limits of a given project prior to any construction activity, vegetation, and/or tree clearing. Clearing must only occur within the flagged area, and flagging must be removed upon completion of the project.

1.7.6.4. If any bats are discovered during the demolition or repair of buildings (to include work such as complete and partial building demolition, removal/replacement of roofs, siding, etc.), all work must cease and Fort Drum's Fish and Wildlife Management Program (772-4999 or 772-9636) must be immediately contacted. If the building has pre-existing known bat colonies, then Fort Drum's Fish and Wildlife Management Program must be contacted before demolition is to occur. (At this time, the only structures known to contain bat colonies are within the historic LeRay Area.).

1.7.6.5. All bats found must be immediately reported to Fort Drum's Fish and Wildlife

Management Program (772-4999 or 772-9636). Do not attempt to handle any live bats, regardless of condition. If a live bat is found in a building please contact 772-2072 or 772-4999.

1.8. TOXIC/HAZARDOUS MATERIAL AND WASTE MANAGEMENT

1.8.1. Solid Waste: The Contractor shall remove from the installation and dispose of all solid waste generated, after it has been determined that it cannot be recycled, to a permitted and approved off-post disposal facility. The Contractor shall make every effort to achieve diversion rates set by Army and installation policy for both construction and demolition debris and other solid waste. The contractor will submit in writing the quantities of waste removed and recycled to the DPW ENV Solid Waste Program Manager on a monthly basis and at the expiration of the contract. The information submitted shall include the types of material disposed/recycled, location of the disposal/recycling facility, and the quantities of disposed/recycled materials.

1.8.2. Hazardous Materials: The Contractor shall submit any hazardous material inventory list to DPW-ENV detailing the type of hazardous materials and maximum quantities of the materials on hand. The hazardous material will be properly identified to include manufacturer and national stock number (if applicable). The Contractors shall maintain copies of the Safety Data Sheets for all hazardous materials and provide copies to DPW ENV upon request.

1.9 REPORTS:

1.9.1. The Contractor shall complete responses in a timely manner to all requirements for reports and requests for information and data, both one-time and recurring.

1.9.2. Contractor Manpower Reporting: The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Directorate of Public Works via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address:

http://www.ecmra.mil/ Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2019. Contractors may direct questions to the help desk at:

http://www.ecmra.mil.

1.10. QUALITY CONTROL PLAN (QCP): The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract.

Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires. The Contractor shall submit its QCP to the Contracting Officer not later than five calendar days after contract award. The format of the QCP shall be in Microsoft Word on company letterhead.

PWS PART 2: DEFINITIONS AND ACRONYMS

2.1. DEFINITIONS: The definitions set forth below are those unique to this contract.

Definitions for technical terms or words that are included in this contract can be found in the technical documents referenced in the individual functional areas of the PWS. The definitions provided below are oriented to Fort Drum’s PWS. In many cases, definitions are specific by situation. The listing of definitions is not all-inclusive, but it has been derived from official publications (e.g., regulations and technical manuals) when available.

Alternate Contracting Officer’s Representative (ACOR): An alternate individual from the functional activity appointed by the Contracting Officer and delegated specific authority to monitor contract performance and to perform specific contract administration functions in the absence of the COR .

Army Regulations (ARs): Publications issued by Department of the Army (DA) which are directive in nature and contain missions, responsibilities, policies and administrative procedures necessary to insure uniform compliance with those policies.

Business Day: Monday through Friday, except for Government recognized holidays and days the Fort Drum installation has been closed for all but emergency business.

Contracting Officer (KO): An individual with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

Contracting Officer's Representative (COR): An individual from the functional activity appointed by the Contracting Officer and delegated specific authority to monitor contract performance and to perform specific contract administration functions.

Contract Discrepancy Report (CDR): A formal method documenting unsatisfactory Contractor performance (contract deficiencies and defects against the AQL) in the contract file.

Defective Service: A unit of service, which contains one or more defects and does not conform to specified requirements.

Federal Acquisition Regulation (FAR): Provides uniform policies and procedures for acquisitions by executive agencies of the federal Government.

Government Furnished Property: All tangible property of Government furnished to Contractor.

Hazardous Waste: A waste as defined in title 40, CFR, Part 261.3. Special handling procedures and disposal facilities are required for their disposal in compliance with federal, state and local regulations.

Performance Requirements Summary (PRS): The PRS identifies key performance indicators and standards that represent logical service outputs that will be evaluated by the Government to assure the Contractor is fulfilling the terms of the contract.

Performance Standard: A measurable output or result associated with the performance-based description of a requirement found in the PWS.

Performance Threshold: The Performance Threshold is the lowest case quality level (percent) of defective outcomes/service that the Government indicates will be accepted using acceptable sampling techniques and procedures. However the Contractor is still expected to meet the performance standard outlined utilizing the re-work process at no additional cost to the government.

Quality Control: Those actions taken by the Contractor to control the in-process performance of goods or services to ensure that contract quality standards are met.

Quality Assurance Surveillance Plan (QASP): An organized written document used by the Government for quality assurance surveillance.

2.2. ACRONYMS: For the purpose of the resultant contract, the acronyms listed below shall apply:

AQL Acceptable Quality Level

CFR Code of Federal Regulations

DA Department of the Army

DA Cir Department of the Army Circular

DA Pam Department of the Army Pamphlet

DEC Department of Environmental Conservation

GFP Government Furnished Property

MSDS Material Safety Data Sheets

NYSDEC New York State Department of Environmental Conservation

POV Privately Owned Vehicle

PWS PART 3: GOVERNMENT FURNISHED RESOURCES

3.1. GENERAL: This section describes those items that will be furnished by the Government to the Contractor for performance of the requirements of this contract. The Contractor shall not make use of any property or services described in this section for any purpose other than performing the requirements of this contract. Contractor personnel are responsible for safeguarding GFP, equipment, and facilities. The Contractor shall be required to reimburse the Government for lost, damaged, or misappropriated property for which Contractor personnel are responsible.

3.2. GOVERNMENT FURNISHED SERVICES:

3.2.1. Emergency Services:

3.2.1.1. Emergency Medical Treatment: Government furnished medical service is not available to Contractor personnel, except in emergency on-the-job situations when Contractor personnel suffer serious injury or acute pain. Government emergency treatment will be provided as the first point of medical care. Transfer to non-Government facilities shall be affected as soon as possible and as determined by attending medical authorities. Contractor employees experiencing emergency on-the-job injuries or illnesses may use Guthrie Clinic. The Contractor shall be responsible for any charges resulting from treatment at Guthrie Clinic. The hours of operation for Guthrie Acute Care Clinic are 9am -9pm. Any arrangement between the Contractor and Contractor employees relative to health care, and insurance(s) for health care, shall not interfere with the Government's right to reimbursement in the manner selected by the Government for each occurrence where emergency medical service is rendered. The Emergency Medical Services (EMS) telephone number is 911 (or 766 from a cell phone).

3.2.1.2. Fire Protection: The Government will provide fire protection and prevention services to the contract site. These services are obtained by calling the Fort Drum Fire Department for non-emergencies at 772-4131 and by dialing 911 (or 766 from a cell phone) for emergencies.

3.2.1.3. Police Protection and Law Enforcement: The Government will provide Police

Protection and Law Enforcement services to the Contractor and Contractor personnel on the installation. This service shall also include any investigative services related to physical security of Government owned property and incidents involving Contractor owned property inclusive of privately owned property of Contractor personnel if the incident occurs on the installation. These services are obtained by calling the Directorate of Emergency Services.

3.3. GOVERNMENT FURNISHED SUPPLIES: None

3.4. GOVERNMENT FURNISHED PROPERTY: None

PWS PART 4: CONTRACTOR-FURNISHED ITEMS AND SERVICES

4.1. GENERAL: With the exception of items specifically identified as Government furnished in Part 3, the Contractor shall furnish all supplies, equipment, supervision, materials and services necessary to perform the requirements of this contract.

4.2. PERMITS, TAXES, LICENSES, ORDINANCES, AND REGULATIONS: The Contractor shall, at his own expense, obtain all necessary permits, give all notices, pay all license fees and applicable taxes, comply with municipal, State, and Federal laws, ordinances, rules and regulations applicable to the business carried on under this contract.

4.3. CONTRACTOR OWNED PROPERTY:

4.3.1. Condition of Property: All Contractor property shall be in an operable condition and meet all applicable Federal, State, Local, and Installation requirements for its operation.

Equipment shall also have complete and intact design and safety features as if they were new excluding the appearance of fair wear and tear on the equipment.

4.3.2. Identification and Markings:

4.3.2.1. Equipment: All Contractor furnished equipment shall be inscribed, engraved, stamped, or otherwise permanently marked to identify it as Contractor Owned property. The method of marking and information shall be at the Contractor's discretion except that it shall minimally identify the name of the Contractor’s concern.

4.3.2.2. Vehicles: The Contractor shall provide and maintain sufficient vehicles required to fulfill the terms of this contract. Contractor Vehicles shall bear the name of the Contractor's concern on both right and left side of the vehicle. Identification affixed to vehicles shall be in bold text letters not less than one half (1/2) inch in stock and not less than three (3) inches high.

Color and style of text are at the Contractor's discretion providing the text is in clear and sharp contrast to the surrounding area.

4.3.2.3. Operation: All Contractor owned equipment shall be operated according to applicable Federal, State, Local, and Installation laws and regulations as they apply to the equipment. This includes the requirement that Contractor personnel shall be adequately trained and possesses all necessary licenses, certification, or other required documents to operate the equipment.

PWS PART 5: SPECIFIC TASKS

5.1 GENERAL: The Contractor shall provide all resources necessary to shelter, feed, and care for all stray animals delivered by Fort Drum, NY. In Accordance With (IAW) this Performance Work Statement (PWS), and the terms and conditions of the contract.

5.2. LOG IN–OUT: The Contractor shall contact the COR Ronald Cobb prior to commencing work on this contract. Ronald Cobb can be reached at (315) 778-6163 or ronald.g.cobb.civ@mail.mil

5.3. EXCHANGE OF ANIMIAL TO CONTRACTOR:

5.3.1. The Government will contact the Contractor to coordinate pickup of recovered animals from the installation. The Contractor shall pick up the animal within 3 hours of contact. At the time of contact, the Contractor shall inform the Government of the specific time of their arrival to retrieve recovered animal(s), and the Government will provide the exact location for pickup. The Government reserves the right to drop off animals to the contractor's shelter facility if suitable pickup arrangements cannot be made. Pricing for pickup shall be reasonable in comparison to currently published joint travel regulations. Current rates can be referenced at defensetravel.dod.mil. Drop-off facility will be located within a 40 mile radius of Fort Drum, NY.

5.3.2. The Government will not drop off animals on weekends of Holidays.

The Contractor shall provide pickup service on all weekends if required.

5.3.3. The Contractor shall document the receipt of each animal received from the Government and invoice accordingly each month.

5.4. SHELTER AND FACILITIES:

5.4.1. The Contractor shall provide facilities to feed and shelter recovered animals while the Contractor makes an effort to contact the owner so they can claim their domestic stray animals within the first (5) five days that they receive the animal. The Contractor shall not euthanize the animals unless they are sick and diseased. The Contractor shall furnish and maintain a suitable shelter for the handling of stray and unwanted domestic animals received from Fort Drum. Such facility shall include at a minimum, cat kennels and dog kennels, as well as facilities for the humane disposal of sick and injured domestic animals.

5.4.2. The Contractor shall become the sole owner of the animal when the animal reaches the Contractors facility, except under the circumstances described under Part 5.5.

After 30 days, the Government will retain no fiscal liability for the animals. Any medical or disposal costs must be incurred during the first 30 days the animal is at the Contractors facility in order for the Government to bear any monetary responsibility.

5.5. STRAY ANIMAL RECOVERY BY OWNER:

5.5.1. The Contractor shall decrease the invoice amount to the Government by the total charged to an individual owner for recovering a stray when determined the animal is a wanted pet by the owner. It is the Contractor’s responsibility to reduce the cost to the Government by accessing a daily $15 cost to charge an owner for “boarding the pet”.