PWS- RFII 1MAR23.docx

Performance Work Statement Environmental Remediation Services Contract in Support of Rocky Mountain Arsenal

Revision L

(DRAFT- RFI VERSION)

Section C - PART 1

GENERAL INFORMATION

C1.0 General

This is a non-personal services contract to provide environmental remediation services support to the Army at Rocky Mountain Arsenal. The Army 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 Army.

C1.1 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 operation and maintenance of the remediation systems at Rocky Mountain Arsenal 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.

This work is further described below and includes but is not limited to: Water Treatment Plants Operations and Maintenance (O&M), Groundwater Wells and Surface Water Sampling and Monitoring, Landfills and Covers O&M, Infrastructure and Facilities Maintenance, Regulatory Interface Support, Program Records Management and Reporting, Land Use Controls Compliance, Environmental Compliance, and Non-Routine Requirements as required. Non-routine requirements include activities not part of normal activities necessary for operation and maintenance of the environmental remediation systems. Examples of non-routine requirements could include engineering and modification of remediation systems, demolition of remediation systems that are no longer needed, and litigation support, as necessary. Non-routine requirements are further described in Section C5.14.

In general, the above work may include, but is not limited to: document research, technical evaluations, field investigations, sample collection, laboratory analyses, engineering design, environmental remediation management, and operations and maintenance activities.

The Environmental Remediation Services (ERS) Contract to be awarded under this solicitation is a Cost-Plus Incentive Fee (CPIF) contract with fixed price elements. All Firm Fixed Price elements are listed in Attachments A-1 through A-3. All other costs are considered reimbursable. The Incentive Fee consists of a Cost Incentive component that will be awarded based upon performance against a negotiated Target Cost, and a Performance Incentive Fee component that consists of both objective and subjective performance criteria as described in Section J, Attachment A5. The contract will be awarded for a base period of three years with two separate three-year option periods that may be exercised by the Government in accordance with FAR 17.207 Exercise of Options.

Offerors are required to submit pricing for the base period and each of the two, three-year option periods. The pricing for the entire nine-year period will be evaluated as described in Section M.

Throughout this solicitation and attachments, the terms “Government” and “Army” may be used interchangeably. Both the Army and Shell are responsible parties under CERCLA for the remediation and long-term operations and maintenance (O&M) of the RMA site. The Army is the lead agency for all efforts associated with remediation and O&M at RMA. Shell is financially responsible for a portion of the remedy and long-term O&M. Shell continues to assist with technical oversight of the program utilizing both internal Shell resources and those of its on-site contractor.

C1.2 RMA Background

C1.2.1 Site History

The Rocky Mountain Arsenal (RMA) (reference site map, Attachment A6) is in Commerce City, Colorado, approximately 10 miles northeast of downtown Denver. In 1942, during World War II, the U.S. Army purchased land on which to manufacture chemical weapons including; mustard gas, white phosphorus, and napalm to be used as a deterrent during wartime efforts.

To foster economic growth in the area, offset operational costs, and maintain the facilities for national security, private industry was encouraged to lease facilities at the Arsenal after the war. Under the lease program, Julius Hyman and Co. began producing pesticides in 1946. In 1952, Shell Chemical Co. (Shell) acquired Julius Hyman and Co. and continued to produce agricultural pesticides on site until 1982.

Wastes generated during production years at the Arsenal were disposed of using widely accepted practices of the time. Efforts to contain liquid wastes began soon after the discovery that contaminated groundwater had caused crop damage north of the Arsenal in the mid-1950s.

The Army and Shell began a systematic investigation into the contamination problems which resulted in the Army’s Installation Restoration Program. In the late 1980s, Interim Response Actions (IRAs) were designed and implemented to protect public health, the surrounding community, and the environment from Arsenal contamination. Included in the 14 IRAs was the modification of existing groundwater treatment systems and the construction and operation of new groundwater treatment systems both on and off the site. Presently, four groundwater treatment systems treat more than 750 million gallons of groundwater each year.

In 1989, a Federal Facility Agreement (FFA) (Attachment L2) for RMA was signed, which set forth management guidelines for implementation of the remedy. In 1995, the Army, Shell, U.S. Fish and Wildlife Service (USFWS), Colorado Department of Public Health and the Environment (CDPHE) and U.S. Environmental Protection Agency (EPA), after extensive public input, reached two agreements. The Off-Post Record of Decision (ROD) (Attachment L3), signed Dec. 19, 1995, and the On-Post ROD, signed on June 11, 1996, (and amended twice – see Attachment L4) provided the framework, purpose, and overall rationale for the cleanup actions being implemented at the site. The remedy outlined in the On-Post ROD is now complete and the site is in the long-term operations and maintenance phase for the groundwater treatment plants, landfills, covers, and support facilities.

The USFWS’s involvement at the Arsenal began in 1986 when a winter communal roost of bald eagles, then an endangered species, was discovered on site. The USFWS soon determined that more than 330 species of wildlife inhabit the Arsenal. In 1992, Congress passed the Rocky Mountain Arsenal National Wildlife Refuge Act (Refuge Act) (Attachment L5), which designates the site to become part of the National Wildlife Refuge System once cleanup is complete. In January 2003, January 2004, July 2006, and September 2010 a total of 25 square miles of land included in the On-Post Operable Unit (OU) were determined to meet cleanup requirements and are no longer part of the National Priorities List (NPL) site. Most of this land was transferred from the U.S. Army to the USFWS for inclusion in the National Wildlife Refuge System. Approximately 1,200 acres of land have been retained by the Army for long-term remedy operations and maintenance. The land transferred to the USFWS officially established and later expanded the Rocky Mountain Arsenal National Wildlife Refuge (RMANWR), one of the largest urban refuges in the country. The land that has been deleted from the NPL and transferred to the USFWS is referred to as the RMANWR. The land that remains under the Army’s ownership and care is referred to as the Rocky Mountain Arsenal (RMA). Note: There may be instances in this document that refer to RMA as the entire site including the RMANWR. The context of the usage of RMA must be considered in these instances.

In addition to the work accomplished on-post, which was mandated by the On-Post ROD, work was also performed off-post as described in the Off-Post ROD. Work required off-post included soil tilling in specified areas and the operation of the previously constructed Off-Post Groundwater Intercept and Treatment System (OGITS). Remedial actions required for soils by the Off-Post ROD have been completed. The OGITS has since been replaced by two new treatment systems – First Creek Treatment System (FCTS) and Northern Pathway Treatment System (NPTS).

For a general layout of the site, see Attachment A6.

C1.2.2 Role of the Principal Parties

The Army is the lead agency for all efforts associated with the long-term operations and maintenance of the completed remedy. Shell is financially responsible for a portion of the remedy and long-term O&M and continues to assist with technical oversight of the program utilizing its on-site contractor, AECOM. The USFWS manages the land that has been transferred to its care and custody (RMANWR).

C1.2.3 Current Status of Site

The remedial designs and remedial actions prescribed by the RODs were completed by the end of 2010. Activities now predominantly involve operation and maintenance of the constructed systems. The following is a brief description of the current state of each of these components.

· Five water treatment plants are currently operating and treating approximately 750 million gallons of water each year. The five treatment plants are Basin A Neck System (BANS), Northwest Boundary Treatment System (NWBCS), North Boundary Treatment System (NBCS), First Creek Treatment System and the Northern Pathway Treatment System.

· The Resource Conservation and Recovery Act (RCRA)-Equivalent Cover systems have been constructed and planted with native vegetation. The cover systems are comprised of the Integrated Cover System (ICS) (which includes the Lime Basins Cover, the Basin A Cover, the South Plants Cover, Complex Army Trenches Cover, and the Shell Disposal Trenches Cover) and Basin F Cover. Both cover systems have been determined to be operational and functional (O&F) based on Part 2 Construction Completion Reports (CCRs) written and submitted to the regulatory agencies. The final O&F determination for the Basin F cover has been provided by the EPA. The final EPA O&F determination for ICS is pending. Inspections and maintenance are currently being performed as specified in the RCRA-Equivalent, 2-, and 3-Foot Covers Long-Term Care Plan (LTCP) for all covers except Basin F, which is subject to the requirements in the Basin F Post Closure Plan (PCP) (Attachments L6 and L7).

· Construction of the Hazardous Waste Landfill (HWL) and the Enhanced Hazardous Waste Landfill (ELF) have been completed. Both facilities are being maintained in accordance with their respective Post-Closure Plans (PCPs) (Attachments L8 and L9). As the remedy was completed and land was deleted from the NPL, a significant portion of the deleted land was transferred from the Army to the USFWS or sold to other entities. Through the end of 2020, approximately 25 square miles of land have been transferred to the USFWS or sold to outside entities with approximately 1.6 square miles remaining in the care and custody of the Army.

· To document the requirements associated with groundwater and surface water monitoring, the Army and Shell, in conjunction with the Regulatory Agencies, developed the Long-Term Monitoring Plan for Groundwater and Surface Water (LTMP) (Attachment L10). The LTMP describes how the groundwater and surface water monitoring requirements in the On-Post and Off-Post RODs for RMA will be implemented.

C1.3 Objectives

The Contractor shall provide operation and maintenance services for all environmental remediation systems, and administration facilities, at Rocky Mountain Arsenal. All work shall be conducted in a safe manner, result in a high-quality product, and meet Federal, State, and Local requirements as appropriate.

C1.4 Scope Summary

· Provide Operation and Maintenance of environmental remediation systems and administrative buildings at Rocky Mountain Arsenal

· Evaluate the performance of the environmental remediation systems and optimize performance as necessary

· Prepare reports to document the performance of the environmental remediation systems and meet regulatory requirements

· Conduct field investigations, sample collection, and laboratory analyses as necessary to evaluate the performance of the environmental remediation systems

· Perform engineering design and modify systems as necessary to optimize system performance and reduce long term operation and maintenance costs

C1.5 Period of Performance

The ordering period shall be for one 3-year base (total of 36 months), and two 3-year options (each option is a total of 36 months). The total ordering period is nine years if all options are executed. Potential for up to a 10-year period of performance if the available remaining ceiling allows for a 12-month task order to be issued on the last day of ordering period.

C1.6 Type of Contract

The Government will award a Cost-Plus Incentive Fee (CPIF) IDIQ contract.

C1.7 Quality Management Program

RMA has an established Quality Management Program. The Quality Management Program is documented in the Quality Management Plan (QMP) provided in Attachment L11.

C1.7.1 Quality Control

Quality control is the responsibility of the Contractor. The Contractor is responsible for the delivery of quality services/supplies to the Government (see FAR 52.246-1, Contractor Inspection Requirements).

The Contractor shall develop, implement, and maintain an effective Quality Control System which includes a written Quality Control Plan (QCP) (See CDRL A001). The QCP shall implement standardized procedures/methodologies for monitoring and documenting Contractor performance to ensure all contract requirements are met. The Contractor’s QCP must contain a systematic approach to monitor operations to ensure acceptable services/products are provided to the Government. The QCP, as a minimum, shall address continuous process improvement; procedures for scheduling, conducting, and documentation of inspection(s); discrepancy identification and correction; corrective action procedures to address Government and Contractor discovered non-conformances; procedures for root cause analysis to identify the root cause and procedures for collecting and addressing customer feedback/complaints; preparing and sharing lessons learned; and procedures for the conduct of records surveillances. The Contractor shall, upon request, provide to the Government their quality control documentation.

The Contractor shall submit the QCP to the Contracting Officer within 90 days following contract award. The QCP shall be consistent with the RMA Quality Management Program (QMP) (Attachment L11) and shall address quality requirements for preparation of SAPs, proper recordkeeping, and data management. The QCP shall be used in conjunction with the Sampling Quality Assurance Project Plan (SQAPP) (Attachment L12) for subcontracted laboratories responsible for processing data collected at RMA. After acceptance of the QCP, the Contractor shall receive the Contracting Officer’s acceptance in writing of any proposed change(s) to their QC system.

C1.7.2 Quality Assurance

The Government shall evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP) (Attachment L60). This plan is a Government only document primarily focused on what the Government must do to assure that the Contractor has performed in accordance with the requirements of the contract. This plan documents the quality assurance surveillance of ERS activities to be conducted by the Contracting Officer, Contracting Officer’s Representative (COR), and Government Site Representatives. It includes the processes and methods for planning, performing, and reporting the QA surveillance efforts. The Government reserves the right, at its sole discretion, to change or increase the methodology and/or frequency of surveillance at any time. In which case, the Contractor shall provide all access requested by the Government.

C1.8 Federal Holidays

Federal Holidays Observed: The Contractor is not required to observe all Government holidays. In the event a holiday falls on Saturday, the preceding Friday is observed as the holiday. If a holiday falls on Sunday, the following Monday is observed as the holiday.

Federal Holidays observed by the Government are as follows:

January 1 – New Year’s Day Third Monday in January – Martin Luther King’s Birthday Third Monday in February – President’s Day Last Monday in May – Memorial Day June 19 - Juneteenth July 4 – Independence Day First Monday in September – Labor Day Second Monday in October – Columbus Day November 11 – Veteran’s Day Fourth Thursday in November – Thanksgiving Day December 25 – Christmas Day

C1.9 Hours of Operation

The Contractor, at its discretion, may establish its own work hours for its employee’s during the periods of 6:00 a.m. to 6:00 p.m., Monday through Friday, except when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

Any work (excluding emergency call-outs) outside of these hours or days of the week require approval from the Contracting Officer. In establishing its work hours, the Contractor shall ensure that those employees (generally key positions) needed to interface with Government site personnel are available when required.

Government personnel are available at the Rocky Mountain Arsenal, or remotely, between 7:30 a.m. to 4:00 p.m., Monday through Friday, except legal holidays. Some Government personnel may have different core work hours.

C1.10 Place of Performance

The work to be performed under this contract will be performed primarily at Rocky Mountain Arsenal. Remote work may be appropriate for some tasks.

C1.11 USFWS Interface

The RMA initially consisted of approximately 17,000 acres of land. Approximately 15,000 acres have been deleted from the NPL and transferred to the USFWS to become the RMANWR in accordance with the provisions of the RMA National Wildlife Refuge Act of 1992. Those portions of the original RMA with long-term O&M requirements (approximately 1,200 acres) remain under the ownership and responsibility of the Army.

The acreage that remains in Army control is located primarily in the center of the original RMA site and is surrounded by land managed by the USFWS. When activities associated with O&M require the Contractor to work on USFWS land, the activities must be coordinated with the USFWS. Specific requirements include the following:

· The USFWS bison herd has access to a large portion of the RMANWR. The Contractor shall be required to receive training and coordinate access to these areas with the USFWS.

· Numerous bald eagles roost at RMA each winter. When the eagles are nesting, an exclusion zone of 900-meter radius around each eagle nest is established to prevent unnecessary disturbance. Access to the exclusion zones must be coordinated with the USFWS.

· Public access is through a gate near the USFWS Visitor Center located in the southwestern portion of the RMA. Employees with an access code can also access RMA through the South Gate, located at 56th Avenue and Havana Street, and the West Gate near 72nd Avenue and Quebec Parkway. Access through any gate must be in accordance with the requirements established by the USFWS. There is a north gate located at 96th Avenue and Peoria Street. The north gate is available for use by the ERS for work activities and deliveries.

· The Contractor shall designate a representative to attend the USFWS Leads Meeting (weekly meeting of supervisors and project heads) as required, to act as a liaison between the USFWS and the Contractor. This function would include attending the Leads Meetings, reporting on activities that may be of interest to the USFWS, answering questions, and receiving and distributing pertinent information from the USFWS related to the Refuge that may affect Contractor or Army activities.

C1.12 RMA Site Security – Plans, Requirements, and Training

Access to RMA is limited by locked perimeter gates (West, North, and South) and the Visitor Center Gate which is generally open dawn to dusk. The USFWS controls the Visitor Center Gate and may change its hours of operation throughout the year. The West, South, and North gates have padlocks (North) or sliding gates and/or swing arms with numerical keypads (South and West) to enable access to authorized personnel. Similarly, Building 129 is also always locked, with access provided through the West door via a numerical key-pad to enable access to authorized personnel.

Note: Contractor personnel are not required to have security clearances under this contract.

C1.12.1 Access and General Protection/Security Policy and Procedures

Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) 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 processes.

Contractor and all associated sub-contractor 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.

C1.12.2 Antiterrorism (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 I 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 Contracting Officer, if a COR is not assigned, within five calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: https://jkodirect.jten.mil.

C1.12.3 RMA Security Plan and Emergency Management/Contingency Plan (EM/CP)

The Rocky Mountain Arsenal has developed a Security Plan (to be provided to the Offeror upon contract award) and an Emergency Management/Contingency Plan (EM/CP) (Attachment L29). The Contractor shall operate in accordance with these plans. RMA works under a cooperative agreement with Adams County to provide required emergency response services. Details of this agreement can be found in the EM/CP.

C1.12.4 Munitions Response Plan

Although encountering munitions-related items that could pose a hazard to employees is highly unlikely, the Munitions Response Plan (Attachment L30) outlines procedures for employees and managers to follow should a munitions-related item be discovered. The plan also includes procedures for coordinating support from outside responders and the disposition of recovered munitions items, when necessary.

C1.12.5 Physical Security

The Contractor shall be responsible for safeguarding all Government information and property provided for Contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured. RMA is subject to both State and Federal law enforcement. Any loss, theft, or other crime shall be reported to the Government and the Adams County Sheriff’s Department. The Contractor shall operate and maintain the facility perimeter access gates (North, South, and West) and keypads (West and South), and the security systems for Building 129, Building 112, and Building 132. The Contractor shall establish and maintain a security code management system for the entrance gates (South and West) and the keypad for entrance to Building 129.

C1.12.6 Key Control and Security Codes

The Contractor shall establish and implement methods of making sure all keys/keycards and access codes for perimeter gates and buildings issued to the Contractor by the Government are not lost, misplaced, and are not used by unauthorized persons. The Contractor shall prohibit the use of Government issued keys/keycards and access codes by any persons other than the Contractor’s employees or subcontractor employees approved by the Contracting Officer or Contracting Officer’s Representative. No keys issued to the Contractor by the Government shall be copied without the written permission of the Contracting Officer. The Contractor shall develop procedures covering key control and access code control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys, and changing the access code roster list, for personnel who no longer require access to RMA and locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/keycards to the Contracting Officer. In the event keys are lost or duplicated, the Contractor shall, upon direction by the Contracting Officer, re-key or replace the affected lock(s).

C1.12.7 Illegal Substances, and Firearms or Other Dangerous Weapons

Federal law prohibits the knowing possession or causing to be present of firearms or other dangerous weapons in Federal facilities by all persons not specifically authorized by Title 18 of the United States Code, Section 930 (d). Violators shall be subject to a fine and/or imprisonment in accordance with Section 930 (a) and (b).

Federal law authorized under Title 42 the United States Code, Section 12210 and the Drug-free Workplace Act of 1988 prohibits the use and possession of marijuana and alcohol at RMA. All structures and facilities on RMA and RMANWR, including off-post treatment facilities, are considered to be under this jurisdiction.

C1.12.8 Security of Computer Systems

C1.12.8.1 Non-Government-owned Computing Systems or Devices

The Contractor shall comply with AR 25-1 and AR 25-2. The Contractor shall not install or connect non-Government-owned computing systems or devices to Government networks without the COR's coordination and obtaining proper authorization from the appropriate Information Assurance Program Manager (IAPM), ensuring that all software proposed for use on the Government network has a Government Certificate of Networthiness. The non-Government-owned computing systems or devices include, but are not limited to, personal or Contractor-owned thumb drives (e.g., memory sticks, flash drives, Universal Serial Bus (USB) drives, jump drives, pen drives), removable or external hard drives, Personal Digital Assistants (PDA}, PC Cards/Express Cards, MP3 players, cell phones, digital media, floppy disks, compact disc (CD)/digital video disk (DVD) burners, optical recordings, photo flash cards, laptops, or any devices that can store data.

C1.12.8.2 Protection of Sensitive Unclassified Data

The Contractor shall ensure any sensitive information, including, but not limited to, Personally Identifiable Information (PII) and Controlled Unclassified Information (CUI), proprietary, and Law Enforcement Sensitive Information residing on Mobile Computing Devices (MCD) or other external media, is protected in accordance with current Data at Rest (DAR) guidelines and requirements. The contactor shall use an authorized, approved, and prescribed DAR solution. The MCDs include, but are not limited to, laptop, netbook, notebook, or tablet computers, and cell phones. External media include optical disk media such as COs, DVDs, USB drives (also referred to as flash or thumb drives) (when authorization to use them is restored), floppy disks, and other portable digital storage devices. Guidance for protecting DAR information appears in DoD Policy Memorandum, 3 Jul 07, subject: Encryption of Sensitive Unclassified Data at Rest on Mobile Computing Devices and Removable Media and in DoD Component implementing instructions.

C1.12.8.3 Common Access Card (CAC)

Contractor employees will be issued a Common Access Card (CAC) only if their duties involve access to DoD networks. The Contractor shall designate which positions will require CACs to access the Government Network System for Government network enterprise programs such as Wide Area Work Flow (WAWF) and Contract Manpower Reporting Application (CMRA). Before CAC Issuance, the Contractor employee must obtain, 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. After the Contractor provides the necessary documentation, CACs will be provided by the Government at no cost to the Contractor. The Contractor shall comply with AR 25-1 and AR 25-2.

C1.12.8.3.1 Information Assurance and Cyber Security Training

All Contractor personnel with access to Government information systems and networks shall successfully complete all required initial and annual information assurance (IA) awareness training as specified in AR 25-2 and as specified by the Government requiring activity. Training is available at https://ja.signal.army.mil

Contractor employees and subcontractor employees performing work under this contract who have access to Government information systems and networks shall create a user account and profile in the Army Training and Certification Tracking System website (ATCTS) at https://atc.us.army.mil . All users with a CAC must register with ATCTS, in accordance with AR 25-2 Certificates of successful completion of IA training, Acceptable Use Policies (AUP), applicable baseline and computing environment certifications, and continuing professional education credits, as required by DoD 8570.01-M, shall be uploaded to the ATCTS and provided to the COR for continuous compliance monitoring and reporting. All users must obtain the appropriate clearance, complete a DD Form 2875 or similar access request, and sign a Fort Carson acceptable use policy (AUP). In accordance with NIST SP 800-53, all authorized users will take current personally identifiable information (PII) training.

The Contractor shall ensure that all Contractor employees and subcontractor employees requiring IA awareness training complete the training at the start of work performance on this contract and annually thereafter for the duration of this contract.

All authorized users of IT systems will complete initial cybersecurity awareness training as a condition of access, with annual refresher training thereafter.

C1.12.8.3.2 Information Assurance Workforce Certification

DFARS clause 252.239-7001 (Information Assurance Contractor Training and Certification} applies to this contract. This contract is subject to the mandates of DoD 8570.01-M, which establishes baseline technical and management IA skills for personnel performing IA functions within DoD. Functions spanning multiple levels require certification of the highest-level functions. Contractor personnel performing functions in multiple categories or specialties shall hold certifications appropriate to the functions performed in each category or specialty.

The Contractor shall ensure that all employees’ IA certifications are released to the Department of Defense through the Defense Workforce Certification Application at https://www.dmdc.osd.mil/appj/dwc/index.jsp.

C1.12.9 iWATCH Training

The Contractor and all associated sub-contractors shall brief all employees on the local iWATCH program. 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 five calendar days of new employees commencing performance.

C1.12.10 Operations Security (OPSEC) Training

The Contractor shall comply with DoD Directive 5205.02, Army Regulation 530-1, and the requiring activity OPSEC program. Failure to comply with the OPSEC directives shall be deemed adequate cause for the removal of a Contractor employee from performance on this contract and could be considered for appropriate legal action. The Contractor shall ensure all Contractor employees and subcontractors performing work under this contract complete Level 1 OPSEC training within 30 calendar days of start of employee performance on this contract and annually thereafter. The Contractor shall maintain all OPSEC training records and shall provide copies to the COR upon request. OPSEC level I awareness training is available at the following website: https://securityawareness.usalearning.gov/opsec/.

C1.12.11 Threat Awareness Training

Threat Awareness Reporting Program. Per AR 381-12 Threat Awareness and Reporting Program (TARP), Contractor employees must receive annual TARP training by a Cl agent or other trainer as specified in 2-4b. Training must be conducted within 60 days of contract award or start of employment.

C1.13 Government Expectations of the Environmental Remediation Services Contractor

The Contractor shall provide qualified personnel and perform the work as described in this contract in a safe, professional, and cost-effective manner and shall continuously implement methods to improve the work processes and pursue opportunities for cost savings. The Contractor shall always pursue the best interests of the Government in the execution of the work.

C1.14 Health and Safety

C1.14.1 Health and Safety - Philosophy and Expectations

The Government is committed to protecting the health and safety of all workers, visitors, and the surrounding community. Safety shall be incorporated into all work activities. The safety of workers, visitors, and the community shall not be compromised. The conduct of all work activities shall always be performed in a safe and healthful manner. The RMA is an OSHA Voluntary Protection Program (VPP) Star site. The Contractor is encouraged, but not required, to participate with the Army in this program. Should the successful Offeror’s total staff consist of at least 75% of employees that are from the incumbent Contractors’ RMA VPP Star program, the OSHA Star certification can be transferred to the new Contractor without going through the full OSHA recertification process. Should the successful offeror elect to participate in the VPP program, they would be responsible to prepare the VPP Health and Safety Annual Evaluation Report (CDRL A015).

The Contractor shall comply with all applicable laws and regulations, as well as with its own company and project-specific health and safety requirements. The Contractor shall maintain management systems designed to ensure compliance and support integration of safety into every aspect of its work.

The Contractor shall be committed to protecting human health and the environment, and to preventing all accidents. The Contractor shall continuously strive to identify and eliminate any and all safety concerns or issues associated with performance of the work.

The Contractor shall foster and encourage an environment of open reporting of all safety related incidents with the goal of utilizing such reporting as a learning tool to correct and avoid similar or more severe incidents in the future. The contractor shall administer RMA’s Electronic Hazard Tracking System (HazTrac) and encourage its employees to use the system to identify safety concerns or positive safety practices.

The Contractor shall be committed to continuous improvement of its management systems and health and safety performance. The Contractor shall establish safety objectives and targets, conduct regular safety management systems reviews and performance evaluations, and periodically report on its performance to the Government. The Contractor shall provide all necessary training for its employees to understand, implement, and abide by all safety requirements.

The Contractor shall encourage and promote an ongoing dialog concerning safety and health with its employees as well as the Government and shall be attentive and responsive to any safety concerns or suggestions raised. The Contractor shall continuously share safety related information and openly communicate information about its safety management systems and performance.

Contractor management shall establish and maintain a safe and healthful workplace and shall be visible leaders for safety. Contractor management at all levels shall take actions to ensure that all employees understand the meaning and the importance of its safety culture, policy, and procedures. All Contractor employees shall be responsible for integrating safety into all their work activities.

C1.14.2 Health and Safety Plan (HASP)

The Contractor shall prepare a Health and Safety Plan (HASP) (See CDRL A002) to be submitted to the Contracting Officer within 90 days following contract award. The HASP shall be consistent with the RMA Safety and Health Plan (See Attachment L58).

C1.15 Personnel Requirements

The Contractor shall provide management, supervisory, administrative, field support, and other personnel as required to accomplish the work as described in this PWS. All personnel shall meet or exceed the minimum education, experience, and certification requirements as described below and shall be competent and qualified to perform the position for which they are assigned.

C1.15.1 Shared/Combined Positions

It is acceptable to share or combine positions for individuals with the appropriate skill sets and experience.

C1.15.2 Key Personnel Positions

The Key Personnel Positions (seven total) under this requirement are identified below. Personnel must meet or exceed the minimum qualifications for the applicable position. Replacement personnel for these key personnel positions are also required to meet the qualifications specified below, and be approved in writing by the Contracting Officer:

a) Program Manager

Responsible for: Planning, directing, and providing overall management and supervision of the work. Ensures that all contract objectives are met. Serves as responsible manager and the primary point of contact for the entire ERS contract effort. Responsible for ensuring that appropriate procedures are in place and that all employees have appropriate training, knowledge of safety requirements, work standards, and comply with applicable procedures and regulatory requirements. Program Manager must meet minimum qualifications as specified below:

Education: Bachelor of Science degree in Engineering, Environmental Science, Construction Management, Construction Engineering, or equivalent.

Experience: Minimum of 10 years of experience in a program/project management role supervising a minimum staff size of 10 or more on environmental remediation projects. Fifteen years of experience as a manager on environmental projects having similar requirements to that required at RMA may be substituted for a bachelor’s degree.

b) Infrastructure and Facility Maintenance Manager

Responsible for ensuring that all Government-owned buildings and facilities are properly operated, maintained, and repaired as required.

Education: Bachelor of Science degree in Engineering, Construction Management, Construction Engineering or equivalent.

Experience: Minimum of eight years of experience in infrastructure and facility maintenance. Fifteen years of infrastructure and facility maintenance management experience may be substituted for a bachelor’s degree.

c) Water Treatment Operations Manager

Responsible for ensuring that all groundwater treatment operations are conducted in accordance with applicable plans, procedures, and regulations, including treatment system maintenance, plant water sampling, data analysis, and regulatory support.

Education: Bachelor of Science degree in Engineering, Water/Wastewater Treatment, or equivalent. Must possess a Colorado Class A Wastewater or Industrial Wastewater Operator Certification.

Experience: Minimum of eight years of experience in water/wastewater treatment and operations. Fifteen years of water treatment operations management experience may be substituted for a bachelor’s degree.

d) Sampling and Monitoring Manager

Responsible for ensuring that all sampling and monitoring is conducted in accordance with applicable, plans, procedures, and regulations. Ensure that inspection, maintenance, repair, and replacement of wells is performed as required. Analyze, track, and enter all data into the environmental database.

Education: Bachelor of Science degree in Engineering, Environmental Science, or equivalent.

Experience: Minimum of eight years of experience in groundwater/surface water sampling and monitoring. Fifteen years of sampling and monitoring management experience may be substituted for a bachelor’s degree.

e) Regulatory Compliance Manager

Responsible for ensuring that the RMA program remains in compliance with all environmental programs, plans, and regulations. Provides regulatory guidance and interpretation for environmental laws and regulations (e.g., CERCLA, RCRA, TSCA, and DOT). Manages hazardous-waste and remediation-waste storage areas. Ensures site personnel have the appropriate environmental training and that the program remains in compliance with all land use controls and ROD requirements.

Education: Bachelor’s degree in Engineering, Environmental Science, Environmental Law, or equivalent.

Experience: Minimum of eight years of experience in environmental regulatory compliance or demonstrated equivalent. Fifteen years of experience as a regulatory compliance manager may be substituted for a bachelor’s degree.

f) Caps and Covers Manager

Responsible for oversight of the landfills and cover systems in accordance with applicable plans, procedures, and regulations. Activities include routine inspection and monitoring, maintenance, groundwater/wastewater monitoring, wastewater storage and disposal, data analysis, reporting, and regulatory support.

Education: Bachelor’s degree in Engineering, Environmental Science, Construction Management, Construction Engineering or equivalent.

Experience: Minimum of five years of experience in caps and covers management or demonstrated equivalent. Fifteen years of experience managing caps and covers systems may be substituted for a bachelor’s degree.

g) Environmental Safety and Health Manager

Responsible for ensuring that all work is conducted in a safe and healthful manner in accordance with all laws and regulations, as well as with the Government’s and the Contractor’s health and safety programs. Ensure that all site personnel are properly trained in the appropriate safety requirements for the job they are performing. Maintain management systems designed to ensure that safety is incorporated into all aspects of work. Maintain health and safety records, perform safety inspections, and promote open reporting and correction of all safety incidents or concerns.

Education: Bachelor of Science degree in Environmental Health, Safety Engineering, Occupational Health, Industrial Hygiene, Engineering, or equivalent.

Experience: Minimum of five years of experience in an Environmental Safety and Health management position. Certified Safety Professional (CSP) certification or 10 years of experience as an Environmental Safety and Health manager may be substituted for a bachelor’s degree.

C1.15.3 Non-Key Personnel Requiring Certification and/or Licensure

Non-key personnel shall be provided to execute the work as described in this PWS. At a minimum, all non-key personnel shall have a high school diploma and possess the education, experience, and training appropriate for the position for which they are proposed. Additionally, the following positions must meet the following minimum requirements:

a) Water Treatment Plant Operators: Certified as State of Colorado Class C Wastewater or Industrial Wastewater Operator.

b) Treatment Plant Electrician/Instrumentation Specialist: Licensed journeyman electrician.

c) Surface Water Operator: Certified as a State of Colorado Class D Water Treatment Plant Operator and a Class 1 Water Distribution System Operator or higher. The operator of the sewage lagoons shall be certified as a state of Colorado Class D Wastewater Treatment Plant Operator or higher.

C1.15.4 Personnel Requirements – Additional References Refer to the following sections for additional personnel requirements:

C1.16 Post Award Conference/Periodic Progress Meetings

The Contractor shall attend any post award conference convened by the contracting activity or contract administration offices in accordance with FAR Subpart 42.5, Post Award Orientation. The Contracting Officer, Contracting Officer’s Representative, and other Government personnel may meet periodically with the Contractor to review the Contractor’s performance. At these meetings, the Contracting Officer will apprise the Contractor of how the Government views the Contractor’s performance and the Contractor will apprise the Government of problems being experienced. These meetings shall be at no additional cost to the Government.

C1.17 Contracting Officer’s Representative (COR)

The Contracting Officer’s Representative (COR) is an employee of the U.S. Government appointed by the Contracting Officer to administer the contract. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions including but not limited to: assure that the Contractor performs the technical requirements of the contract; perform inspections as 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, and specifications; monitor Contractor’s performance and notify 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 regarding changes in cost and price, estimates, or changes in delivery dates.

C1.18 Supervision of Contractor Employees

The Government will not exercise any supervision or control over Contractor or subcontractor employees while performing work under the contract. Such employees shall be accountable only to the Contractor, not the Government. The Contractor, in turn, shall be accountable to the Government for Contractor or subcontractor employees.

C1.19 Data Rights

The Government’s rights in non-commercial technical data and software deliverables shall be governed by DFARS 252.227-7013 and DFARS 252.227-7014, respectively. The Government's rights in commercial technical data deliverables shall be governed by DFARS 252.227-7015. All non-commercial technical data and software deliverables shall be properly marked in accordance with the marking requirements set forth in DFARS 252.227-7013(f) and DFARS 252.227-7014(f), respectively. Technical data and software deliverables with non-conforming restrictive markings shall be rejected and corrected by the Contractor at the Contractor's expense, in accordance with DFARS 252.227-7013(h)(2) and DFARS 252.227-7014(h)(2), respectively.

The Government's rights in commercial software are governed by the licensor's commercial software license agreements. However, the Government will not agree to commercial software license terms that are inconsistent with Federal procurement law or do not otherwise satisfy user needs, in accordance with DFARS 227.7202-1(a).

C1.20 Organizational Conflict of Interest

The Contractor and all subcontractors shall comply with FAR 9.5 for Organizational Conflict of Interest (OCI). If the Contractor becomes aware of a known or perceived OCI, the Contracting Officer shall be notified immediately. A mitigation plan may be required, if appropriate.

C1.21 Performance Requirements Summary (PRS)

To ensure that the Contractor is meeting the Performance Work Statement objectives, the Government will perform surveillance of the Contractor’s services and deliverables as outlined in the Performance Requirements Summary (PRS) (see Table below). Government surveillance of contractor performance is not limited to the Performance Objectives as outlined in the PRS. The Government reserves the right to conduct surveillance of any contractual requirement of this acquisition. If the acceptable variance date shown on the PRS cannot be met, the Contractor must provide a plan with a schedule to remedy the deficiency. The Plan must be provided to the Government within 30 days of the identification of the deficiency.

Performance Requirements Summary (PRS) Table

C1.22 Incentive Fee Program

C1.22.1 Incentive Fee Purpose and Overview

The purpose of the Incentive Fee Program is to use monetary incentives that encourage the Contractor to align its goals and vision for the long-term operations and maintenance work at the RMA with those of the Government. The Incentive Fee “pool” is the maximum fee that the contractor proposes to earn through effective cost control and performance.