PWS Emergency Spill Response Attachment 1.pdf

ATTACHMENT 1

PERFORMANCE WORK STATEMENT (PWS)

Emergency Spill Response

Part 1 General Information

1. GENERAL: This is a non-personal services contract to provide emergency spill and environmental response on Fort Jackson in Columbia, SC. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform emergency spill and environmental response as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2 Background: The Fort Jackson Directorate of Public Works, Environmental Division, is responsible for program oversight of activities related to environmental compliance, conservation, restoration, and pollution prevention. Complex environmental laws, such as the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), Resource Conservation and Recovery Act (RCRA), Safe Drinking Water Act (SDWA), Clean Water Act (CWA), Clean Air Act (ACC), Toxic Substance Control Act (TSCA), Solid Waste Disposal Act, Emergency Planning and Community Right-to-Know Act (EPCRA), and the National Environmental Policy Act (NEPA), and the myriad of regulations associated with these laws, place an ever increasing burden on the Environmental Division staff to maintain compliance.

1.3 Objectives: Establish a service contract to provide 24 hour emergency response to spills and other environmental emergencies and projects at Fort Jackson, South Carolina in accordance with all appropriate rules and regulations.

1.4 Scope: The contractor shall accomplish provide 24 hour emergency spill response as well as tasks associated with the management of environmental regulatory programs and projects on Fort Jackson. Services include containment, clean-up, and proper disposal of materials, waste, and debris resulting from spills of hazardous materials or other regulated waste or products. The Contractor shall also provide response to other environmental program requirements such as collection of samples, removal of underground storage tanks (USTs)/aboveground storage tanks (ASTs) and contaminated soil, site restoration and confirmation sampling, as well as provide support for a variety of other tasks associated with environmental regulatory compliance at Fort Jackson. The total annual contract shall not exceed $20,000.00.

1.5 Period of Performance: The period of performance shall be for one (1) Base

Year of 12 months and four (4) 12-month option years.

1.6 General Information

1.6.1 Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. The contractor shall submit a comprehensive, written quality control plan (QCP) to the contracting officer (KO) and contracting officer representative (COR) within 30 days after the award of the contract. Any changes made thereafter will be submitted to the KO and COR within 5 working days. After acceptance of the quality control plan, the contractor shall receive the KO’s acceptance in writing of any proposed change to his QC system.

1.6.2 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.3 Recognized Holidays: Emergency response activities may be required on holidays.

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

1.6.4 Hours of Operation: The normal hours of work are 7:30am to 4:00pm Monday through Friday, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. Work hours may vary depending on the nature and location of the project. Emergency operations may require 24 hour continuous operations. The contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.5 Place of Performance: The work to be performed under this contract will be performed at Fort Jackson, South Carolina.

1.6.6 Type of Contract: The government will award an Indefinite Delivery/Indefinite Quantity (IDIQ) requirements contract.

1.6.7 Security Requirements: Contractor personnel performing work under this contract must go through the Contractor Vetting process, shown under Technical Exhibit 3, at time of the proposal submission, and must maintain the level of security required for the life of the contract.

1.6.7.1 Physical Security: The Contractor shall be responsible for safeguarding all government equipment, information, and property provided for Contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.6.7.2 Key Control: N/A

1.6.7.3 Antiterrorism (AT)/Operations Security (OPSEC)

1.6.7.3.1 AT Level 1 Training: All Contractor employees, to include Subcontractor employees, requiring access to Army installations, facilities, and controlled access areas shall complete AT Level 1 awareness training within 30 calendar days after contract start date. The Contractor shall submit certificates of completion for each affected Contractor employee and Subcontractor employee, to the COR or to the KO, if a COR is not assigned, within 5 calendar days after completion of training by all employees and Subcontractor personnel. AT Level 1 awareness training is available at the following website: http://jko.jten.mil.

1.6.7.3.2 Access and General Protection/Security Policy and Procedures:

Contractor and all associated Subcontractors employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services, or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by Department of Defense, Department of the Army, and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition change, the Government may require changes in Contractor security matters or processes.

Contractor and all associated Subcontractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index and Terrorist Screening Database; applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative).

1.6.7.3.3 iWATCH Training: The Contractor and all associated Subcontractors shall brief all employees on the local iWATCH program (training standards provided by the KO or COR). This local 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 the contract award and within 5 calendar days of new employees commencing performance with the results reported to the COR no later than 30 calendar days after contract award.

1.6.7.3.4 Access to Government Information Systems: N/A

1.6.7.3.5 Operational Security (OPSEC) Standing Operating Procedure/Plan: N/A

1.6.7.3.6 OPSEC Training: Per AR 530-1, Operations Security, the Contractor http://jko.jten.mil/ employees must complete annual Level 1 OPSEC awareness training. New employees must be trained within 30 calendar days of their reporting for duty.

OPSEC awareness training is available at the following website:

http://cdsetrain.dtic.mil/opsec/indes.htm.

1.6.7.3.7 Information Assurance (IA)/Information Technology (IT) Training: N/A

1.6.8 Special Qualifications: The contractor shall ensure all personnel responding to spills or other projects are properly certified and have appropriate training and licensing to operate vehicles and equipment in accordance with all State and Federal laws and regulations. Personnel must meet RCRA, TSCA, Occupational Safety and Health Administration (OSHA), and other regulatory requirements to respond to spills and manage hazardous/toxic substances.

1.6.9 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer (KO), Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the KO will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues.

These meetings shall be at no additional cost to the government.

1.6.10 Contracting Officer Representative (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions:

assure that the Contractor performs the technical requirements of the contract:

perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies;

coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.11 Key Personnel: The follow personnel are considered key personnel by the government: Project Manager. The contractor shall provide a Project Manager who shall be responsible for the performance of the work. 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 KO. The Project Manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The Project Manager or alternate shall be available at all times.

Qualifications for all key personnel include current Hazardous Waste Operations and Emergency Response (HAZWOPER) and RCRA Certification.

http://cdsetrain.dtic.mil/opsec/indes.htm http://cdsetrain.dtic.mil/opsec/indes.htm

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

1.6.13 Contractor Travel: N / A

1.6.14 Other Direct Costs: N / A

1.6.15 Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.6.16 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.)

or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may effect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.6.17 PHASE IN /PHASE OUT PERIOD: N/A

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

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

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract.

Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

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

2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

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

2.1.11. SUBCONTRACTOR. One that enters into a contract with a prime contractor.

The Government does not have privity of contract with the subcontractor.

2.1.12. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

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

2.2. ACRONYMS:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CAA Clean Air Act CCE Contracting Center of Excellence CERCLA Comprehensive Environmental Response, Compensation and

Liability Act CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf CWA Clean Water Act DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense EPCRA Emergency Planning and Community Right-to-Know Act FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer NEPA National Environmental Policy Act OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program RCRA Resource Conservation and Recovery Act SDWA Safe Drinking Water Act SWDA Solid Waste Disposal Act

TE Technical Exhibit TSCA Toxic Substance Control Act

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: The Government will provide personnel to assist with direction of spill response activities and project coordination.

3.2 Facilities: N/A

3.3 Utilities: The Government will provide access to water and electrical utilities where available. The Contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish cleaning vehicles and equipment.

3.4 Equipment: N/A

3.5 Materials: N/A

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

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

4.2 Secret Facility Clearance: N/A

4.3. Materials: The Contractor shall furnish all materials and supplies necessary to meet the requirements under this PWS, such as absorbent materials, booms, drain covers, sample containers, etc.

4.4. Equipment: The Contractor shall furnish equipment necessary to meet the requirements under this PWS such as vacuum trucks, excavating equipment, roll-off bins, etc.

4.5. Government Property: The Contractor shall exercise extreme care to avoid damage to Government and private property such as buildings, equipment, trees, shrubs, or turf. Any damage to property by the Contractor shall be repaired by the Contractor to its original condition at no additional cost to the Government. The Contractor shall restore disturbed grounds to existing or better conditions.

PART 5

SPECIFIC TASKS

5. SPECIFIC TASKS:

5.1. Basic Services. The contractor shall provide 24 hour emergency spill response as well as tasks associated with the management of environmental regulatory programs and projects on Fort Jackson. Services include containment, clean-up, and proper disposal of materials, waste, and debris resulting from spills of hazardous materials or other regulated waste products. The contractor shall also provide response to other environmental programs requirements such as collection of samples, removal of USTs/ASTs and contaminated soil, site restoration and confirmation sampling, as well as provide support for a variety of other tasks associated with environmental regulatory compliance at Fort Jackson. All tasks must be performed in accordance with required legal and ethical standards and will include technical support to prepare, review, analyze and coordinate environmental documentation and requirements.

5.2. Emergency Response: The contractor shall be available to provide emergency response 24 hours a day, 7 days a week. The project manager or alternate must be on-site within 90 minutes of notification.

5.3. Sampling: The Contractor shall conduct pre-excavation and post-excavation sampling to ensure proper handling and removal of contaminated materials (soil/water). The Contractor shall conduct adequate confirmation sampling to ensure all contaminants are removed to meet EPA and SCDHEC requirements.

5.4. Back Fill: The Contractor shall provide certification that any soil used for back fill from off the installation is clean either by analytical data or by certification from the supplier.

5.5. Site Cleanup and Restoration: The Contractor shall provide all necessary equipment and personnel to complete site cleanup and restoration.

5.6. Disposal: The Contractor shall properly dispose of any and all contaminated debris and waste generated during the project in accordance with State environmental regulations.

Hazardous waste manifests, non-hazardous waste manifests, bills of lading, and any other documentation requiring a generator’s signature must be signed by the primary or secondary Fort Jackson Hazardous Substance Program Manager. The documentation must be provided to the Hazardous Substance Program Manager at least one week prior to shipment. The Generator ID Number, name, mailing address, and phone number are shown below.

SC3210020449

US ARMY GARRISON, FORT JACKSON

ENVIRONMENTAL DIVISION

2562 ESSAYONS WAY

FORT JACKSON SC 29207-5608

803-751-5971

5.7. Reports: The Contractor shall provide an electronic incident report within 3 days after completing work at an incident that includes, but is not limited to, date, time, and type of incident; name and quantity of material(s) involved; actions taken to secure the area, clean up the spill, and remove materials and waste; the extent of injuries, if any; an assessment of actual or potential hazards to human health or the environment, where this is applicable; estimated quantity and disposition of recovered material that resulted from the incident. The report will include all disposal documentation, photographs, an inventory of all materials and equipment used, and personnel involved.

5.8. CONTRACTOR MANPOWER REPORTING (CMR) :

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract 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/, and then click on the “Department of the Army CMRA” or the icon of the DoD organization that is receiving or benefitting from the contract services.

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. Contractors may direct questions to the help desk by clicking on the “Send an email” which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Component’s CMR website.

http://www.ecmra.mil/

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

6.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures.

Federal Clean Water Act Federal Water Pollution Control Act Federal Resource Conservation and Recovery Act Occupational Safety and Health Administration Regulations South Carolina Pollution Control Act South Carolina Hazardous Waste Management Regulations

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. ATTACHMENT/TECHNICAL EXHIBIT LIST:

7.1. Attachment 1/Technical Exhibit 1 – Performance Requirements Summary

7.2. Attachment 2/Technical Exhibit 2 – Deliverables Schedule

7.3. Attachment 3/Technical Exhibit 3 – Estimated Workload Data

TECHNICAL EXHIBIT 1

PERFORMANCE REQUIREMENTS SUMMARY

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective

Standard Performance Threshold

Method of Surveillance

PRS # 1.

The Contractor shall provide 24 hour emergency spill response. PWS paragraph 5.1 and 5.2

The Contractor responded to spill quickly and performed thorough cleanup and proper disposal.

Project manager or alternate arrived within 90 minutes of notification. 95% of contaminated soil and debris removed and disposed properly off-site.

100% Inspection

PRS # 2

The Contractor shall provide pre- and post-excavation sampling, and confirmation sampling as required by SCDHEC and EPA. PWS paragraph 5.3.

The Contractor took an adequate number of samples and sent them to a lab certified to perform the necessary tests, ensuring proper chain of custody.

No deviation from standard.

100% Inspection

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

Deliverable Frequency # of Copies Medium/Forma t

Submit To

Quality Control Plan. PWS paragraph 1.6.1

Within 30 days after award of contract and within 5 days after a change.

Electronic copy E-mail with plan attached.

KO and COR

Spill Response Report. PWS paragraph 5.7

After each incident.

Electronic copy within 3 days after completion of work at an incident.

E-mail with report attached.

barbara.s.william s38.civ@mail.mil and christina.b.polloc k.civ@mail.mil mailto:barbara.s.williams38.civ@mail.mil mailto:barbara.s.williams38.civ@mail.mil mailto:christina.b.pollock.civ@mail.mil mailto:christina.b.pollock.civ@mail.mil

TECHNICAL EXHIBIT 3

ESTIMATED WORKLOAD DATA

ITEM

NAME

ESTIMATED

QUANTITY

1 Project Manager or alternate.

Not available