PWS_W9124J23RLSAA_31 OCT 2022.pdf

PERFORMANCE WORK STATEMENT (PWS)

CARETAKER SERVICES

LONE STAR ARMY AMMUNITION PLANT

PART 1

GENERAL INFORMATION

30 September 2022

1. General: This is a non-personnel services contract to provide Caretaker Services at the Lone Star Army Ammunition Plant (LSAAP). 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:

1.1.1. The Army is the owner of the remaining parcels of the LSAAP, as stated in the modified Resource Conservation and Recovery Act of 1976 (RCRA) permit. Under the modified RCRA permit, the Contractor shall be responsible for providing the required/requested services for the active permitted units and the Army responsible for remediation of the solid waste management units in the associated Compliance Plan.

1.1.2. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Caretaker Services as defined in this Performance Work Statement (PWS) except for those items specified as government-furnished property and services. The Contractor shall perform to the standards in this contract. Best business practices shall be followed to protect the Army’s interest and liability.

1.2. Background:

1.2.1. LSAAP was constructed in 1941 at the beginning of World War II. The 15,000-acre installation was acquired through outright purchase from private landowners. The facility was a Government-owned, Contractor-operated ammunition loading plant for artillery shells, bombs, fuses, boosters and other auxiliary ammunition items.

1.2.2. The installation was divided into twenty-seven separate areas. Specifically, thirteen production areas, six support areas for storage of materials, munitions and raw materials, an administrative and support functions area, two landfills, and two munitions and components destruction areas. Activities on the production lines increased or decreased several times from LSAAP's construction to the formal closure in 2009.

1.2.3. In 1988, the Congress began implementing a process by which it directed the Department of Defense (DOD) to realign or close installations to properly size the infrastructure to a smaller, but more lethal force. Congress envisioned the movement of Army and other military missions to a number of gaining installations, while closing or realigning others. The process was legislatively mandated under the Base Realignment and Closure (BRAC) Act of 1990. The BRAC process is intended to identify excess DOD real property and realign resources to allow the DOD the ability to focus available resources on the right number of installations that will fully support mission requirements. Congress initiated the first round of BRAC in 1988, and subsequent BRACs occurred in 1991, 1993, 1995, and 2005.

1.3. Objectives: The purpose of this contract is to provide support for maintaining the Army owned parcels: the High Explosive Demolition Ground (HEDG) unit 18, (NOR#004), to include the Bob Lane Cemetery, the High Explosive Burning Ground (HEBG) unit 16 (NOR #001, #011, #020, #066, #067, #068, #069), Old Demolition Area (ODA) unit 17 (NOR #054), Area A landfill unit 01 (NOR #23), Old Boston Road Landfill (OBR LF) unit 3 (NOR #14) and parcels with environmental liability: G-Ponds unit 033 (NOR #017), XX-Test unit 055 (NOR #046), Salvage Yard Unit 031 (NOR #24), Western Inactive Sanitary Landfill (WISL) and the Abandon Construction Landfill and completing the tasks listed in Part 5 of this PWS and the Performance Requirements Summary (PRS). This support is necessary for the proper closure of the LSAAP.

Permit renewal and modifications of the RCRA permit may be requested on an as needed basis under this contract. The Contracting Officer (KO) will notify the Contractor in writing 45 days prior to discontinuing service on any task no longer needed. Until notified by the KO of an anticipated change, the Contractor shall provide services as listed in the PWS.

1.4. Scope: The Contractor shall provide caretaker services for the closed installation due to the BRAC Commission decision; services include maintenance and repair of monuments and wells needed for monitoring of groundwater. The Contractor shall provide security; maintenance of buildings, structures, noted monitoring wells and monuments, roads and grounds, maintenance and other services required in accordance with (IAW) the PWS. Maintain an environmental program;

perform permit modifications and renewals including required inspections to adhere to federal, state or local environmental laws and regulations.

1.5. Period of Performance: The period of performance including all options are:

Base year: 1 Jan 2023 – 31 Dec 2023 Option Period 1: 1 Jan 2024 -31 Dec 2024 Option Period 2: 1 Jan 2025 – 31 Dec 2025 Option Period 3: 1 Jan 2026 – 31 Dec 2026 Option Period 4: 1 Jan 2026 – 31 Dec 2027

1.6. General Information.

1.6.1. Quality Control: Quality Control is the responsibility of the contractor. The Contractor is responsible for the delivery of quality services/supplies to the Government (see Federal Acquisition Regulation (FAR) 52.246-5, Inspection of Services - Cost Reimbursement). The Contractor shall develop, implement and maintain an effective Quality Control System which includes a written Quality Control Plan (QCP). The QCP shall implement standardized procedure/methodology for monitoring and documenting contract performance to ensure all contract requirements are met. The QCP must contain a systematic approach to monitor operations to ensure acceptable services/products are provided to the Government. The plan shall address continuous process improvement; procedures for scheduling, conducting and documentation of inspection; discrepancy identification and correction; corrective action procedures to include procedures for addressing Government-discovered non-conformances; procedures for root cause analysis to identify the root cause and root cause corrective action to prevent re-occurrence of discrepancies; procedures for trend analysis; and procedures for collecting and addressing customer feedback/complaints. Upon request the Contractor shall provide their quality control documentation to the Government. The Contractor shall inform the Contracting Officer’s Representative (COR) within ten days of task accomplishment. The Contractor shall provide the completed QCP to the KO and COR for review and acceptance within 30 days after contract award.

After acceptance of the QCP, no changes may be made to the quality control system without the Contracting Officer’s written acceptance.

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 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.

1.6.3. Federal Government Holidays: The Contractor may observe the below listed Federal Holidays.

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

1.6.4. Hours of Operation: The Contractor is responsible for conducting business between the hours of 07:00 and 17:30, Monday thru Thursday except Federal holidays or when the Government facility is closed due to administrative closings, or similar Government-directed facility closings such as a Furlough. The Contractor must at all times maintain a qualified and adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is closed for the above reasons. 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 the former Lone Star Army Ammunition Plant; consisting of five parcels and five solid waste management units (SWMUs) under Army control and covered by our RCRA Compliance Plan.

The site located east of the Red River Army Depot in Bowie County, Texas, on the south side of U.S. Highway 82, approximately twelve miles west of Texarkana, Texas, and nine miles east of New Boston, Texas.

1.6.6. Type of Contract: Firm Fixed Price with cost clin for ODCs/Emergencies.

1.6.7. Security Requirements: Contractor personnel performing work under this contract must have a Contractor Identification Badge at the time of contract award 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. At the close of each work period, government facilities, equipment, and materials shall be secured.

Access and general protection/security policy and procedures: This standard language is for contractor employees with an area of performance within Army controlled installation, facility, or area. Contractor and all associated sub-contractors’ 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 (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 matters or processes.

1.6.7.2. Key Control: Government personnel will be responsible for maintaining key control of access to the Army parcels and locked remediation areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the COR.

1.6.7.2.1. In the event keys, including master keys, are lost or duplicated, the Contractor shall, upon direction of the COR, re-key or replace the affected lock or locks at no cost to the

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

1.6.8. Special Qualifications: Current state-approved Non-Commissioned Security Officer registration certificates are required for all security personnel.

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 FAR Subpart 42.5, Post award Orientation. The KO, 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 review 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

1.6.10. Contracting Officer’s Representative: 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; conduct 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, and specifications; monitor the Contractor's performance and notify both the KO and Contractor of any deficiencies; coordinate availability of government-furnished property; and provide site entry of Contractor personnel. An appointment memorandum 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 contract.

1.6.11. Key Personnel: The following personnel are considered key personnel by the Government: Program Manager, Security Manager, Environmental Manager, and Supply Manager. The Contractor shall provide a Program 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 at time of award, and shall be updated not less than two days prior to any changes. The Contract Manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Contract Manager or alternate shall be available between 07:00 - 17:30, Monday thru Thursday except Federal holidays or when the government facility is closed for administrative reasons.

1.6.12. Identification of Contractor Employees: The Contractor shall provide each employee an Identification (ID) badge, which includes at a minimum, the Company Name, Employee Name and a color photo of the employee. ID badges shall be worn at all times while the employee is performing work under this contract. Each Contractor employees shall wear the ID badge in a conspicuous place on the front of exterior clothing and above the waist except when safety or health reasons prohibit. The Contractor shall be responsible for collection of ID badges upon completion of the contract or termination of employee. 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. Supervision of Contractor Employees: The Government will not exercise any supervision or control over contractor or subcontractor employees. Such employees shall be accountable solely to the Contractor, not the Government. The Contractor, in turn, shall be accountable to the Government for contractor or subcontractor employees.

1.6.14. Contractor Travel: The Contractor will not be required to travel in conjunction with this contract.

1.6.15. Other Direct Costs: Other Direct Costs shall be identified in the Contractor’s proposal and shall be clearly identified and documented on payment vouchers.

1.6.16. 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.

1.6.17. 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 affect 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.

Phase In /Phase Out Period:

1.6.18. The Government intends to allow for phase-in/phase-out. The phase-in/phase-out period shall be IAW FAR 52.237-3 -- Continuity of Services. This period is intended for the establishment of operations and infrastructure in preparation for full contract performance and to minimize any decreases in productivity and to prevent possible negative impacts. This also includes phase-out at the end of the contract if the incumbent is not reselected. The current contractor will provide continuity services to the follow-on contractor as required.

1.6.18.1. The Contractor shall have 100% of Key Personnel, as referenced in paragraph 1.6.11, ready for full performance within two weeks from the start of the phase-in period. The Contractor shall have all remaining personnel ready for full performance to support all BRAC tasks (detailed in the PWS) within three weeks from the start of the phase-in period. The Contractor and contractor personnel shall be proficient with 100% of all BRAC performance requirements in the PWS and Technical Exhibit 1, and ready to commence full performance of services on the specified date. The Contractor shall verify and provide personnel qualifications.

Procurement Plan: The Contractor shall provide a Procurement Plan as part of the proposal. It shall explain in detail how services, parts, supplies, materials, and equipment will be invoiced back to the Government. The plan shall include procedures to ensure that maximum effort is made to control costs and promote competition while purchasing parts, supplies, materials, equipment, and subcontracted services.

Invoicing: After the end of every period (13 periods) and prior to submission of the ending period payment voucher to Wide Area Workflow, the Contractor shall submit complete copies of the voucher to the COR and the Contracting Officer, Contract Specialist / Administrator, for a FAR Part 31 Compliance Review. Electronic copies are preferred but must be readable/legible. The voucher shall include properly completed Standard Forms 1034 and 1035 with supporting documents. Each voucher shall include all information required by Cost Accounting Standards and the FAR. The cost breakdown shall include labor, fringes, overheads, other direct costs (by category), and fee. As this is a Cost-Plus-Fixed-Fee contract, the Contractor shall invoice against the overhead account for necessary items. The Contractor shall exercise restraint to ensure that only necessary quantities and types of supplies and services are purchased in accordance with the Contractor’s Procurement plan. Copies of vendor invoices or receipts shall be attached to the monthly payment voucher submitted to the Government. The Contractor shall not submit the voucher into Wide Area Workflow (WAWF) until approval to do so is received from the Contracting Officer, Contract Specialist /Administrator.

1.6.23. iWATCH Training: The Contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity Antiterrorism Officer). 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 contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 45 calendar days after contract award.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

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

CONTRACTING OFFICER (KO). 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.

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.

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

EMERGENCY REPAIR: Repairs required to correct failures or deficiencies which constitute an immediate danger or health hazard to occupants, e.g. water breaks, storm damage disabling electrical systems. This applies to the parcels being retained by the Army.

FACILITIES: Property retained (or managed environmental liability) by the Army. At time of award this includes the High Explosive Demolition Ground (HEDG) Solid Waste Management Unit (SWMU) #18 (Notice of Registration [NOR] #004) (this includes the Bob Lane Cemetery); High Explosive Burning Grounds (HEBG) SWMU #16 (NOR #001, #011, #020, #066, #067, #068 and #069); Old Demolition Area (ODA) SWMU #17 (NOR #054); Area A Landfill SWMU #01 (NOR #23); and the Old Boston Road Landfill (OBR) SWMU#3 (NOR #14). G Ponds SWMU #033 (NOR #017); XX-Test, SWMU #055 (NOR #046); Salvage Yard SWMU #031 (NOR # 024), Western Inactive Sanitary Landfill (WISL) and the Abandon Construction Landfill.

GOVERNMENT-FURNISHED PROPERTY OR GOVERNMENT PROPERTY. Property in the possession of, or directly acquired by, the Government and subsequently made available to the Contractor.

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

QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are acceptable in accordance with established standards and requirements of this contract.

QUALITY ASSURANCE SURVEILLANCE PLAN. An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

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

SUBCONTRACTOR. Any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime Contractor or another subcontractor. (FAR 44.101)

2.2. ACRONYMS:

AR Army Regulation BRAC Base Realignment and Closure CDR Contract Deficiency Report CERCLA Comprehensive Environmental Response, Compensation, and Liability Act CFR Code of Federal Regulations CMR Contractor Manpower Reporting COE U.S. Army Corps of Engineers COR Contracting Officer’s Representative DA Department of the Army DCS G9 Deputy Chief of Staff, G9 DFARS Defense Federal Acquisition Regulation Supplement DOD Department of Defense EPA Environmental Protection Agency FAR Federal Acquisition Regulation FFA Federal Facility Agreement HEBG High Explosive Burning Grounds HEDG High Explosive Demolition Grounds HQDA Headquarters, Department of the Army ID Identification KO Contracting Officer LSAAP Lone Star Army Ammunition Plant MP Maintenance Plan NOR Notice of Registration OBR Old Boston Road OCI Organizational Conflict of Interest ODA Old Demolition Area OSHA Occupational Safety and Health Administration PRS Performance Requirements Summary PWS Performance Work Statement QAR Quality Acceptance Report QASP Quality Assurance Surveillance Plan QCP Quality Control Plan RCRA Resource Conservation and Recovery Act SARA Superfund Amendments and Reauthorization Act

SWMU Solid Waste Management Unit TAC Texas Administrative Code TIP Trafficking in Persons U.S. United States WAWF Wide Area Workflow

PART 3

GOVERNMENT-FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT-FURNISHED ITEMS AND SERVICES:

3.1. Services: Not Applicable

3.2. Facilities: Not Applicable

3.3. Utilities: The Contractor (to include subcontractors) 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: Equipment Provided by the Army.

I-71 HEBG HEDG

Digital Watchdog DVR Axis Camera Axis Camera Model: DW-BJCUBE3T PN: 0828-001-01 PN: 0828-01-01 Serial: 1337901228 Serial: ACCC8EBFE429 Serial: 7ACCC8EBFE42A

AOC Monitor Craddlepoint Router Craddlepoint Router Model: 215LM00056 Model:IBR1150LPE Model: IBR1150LP Serial: B90H3GA022316 Serial: MM160565600325 Serial: MM17023000012

Cyber Power 500va Antennas X2 Antennas X2 144742Battery Backup Model: TRA6927M3PB-001 Model: TRA6927M3PB-001

SN: OR500LCDRM1U

Battery Backup Battery Backup Ubiquiti 24 Port Switch WBOX WBOX SN: 74ACB9DAD635 Model: 0E-825V12VRD Model: 0E-825V12VRD

20 x 15 Foot Chain Link Fence – HEDG

2ea Type II Magazine With 1 Smaller 18” x 18” On The Side - HEDG

3.5. Materials: Not Applicable

PART 4

CONTRACTOR-FURNISHED ITEMS AND SERVICES

4. CONTRACTOR-FURNISHED ITEMS AND RESPONSIBILITIES:

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

4.2. Materials: The Contractor shall furnish all labor, services, materials, supplies, and equipment necessary in performance of tasks in this PWS.

PART 5

SPECIFIC TASKS

5. Basic Services: The Contractor shall furnish all labor, services, and material in performance of the below tasks. Best business practices shall be followed to protect the Army’s interest and liability. The following tasks apply to LSAAP Army personnel, the Army retained parcels, SWMUs, and leased space at the Lone Star Army Ammunition Plant located in Texarkana, Texas.

5.1. Monument Support Program: The purpose of this task is to provide support for maintaining the monuments needed for monitoring well locations and elevations. This support is a necessary part of the LSAAP RCRA permit. Due to efforts to modify the RCRA permit, these services may be needed per the RCRA permit and as listed in 5.1.3. The Government will provide Contractor 45-day notice of intent to discontinue service. Until notified by the COR of an anticipated change the Contractor shall provide services as listed below.

5.1.1. All work shall be performed in accordance with all applicable Federal, State of Texas and local laws and regulations (including US Environmental Protection Agency (EPA) and Occupational Safety and Health Administration (OSHA) requirements). If any conflicts exist between applicable regulations, the most stringent of the conflicting regulations shall apply.

5.1.2. Maintenance of Monuments: The Contractor shall perform semi-annual inspection, maintenance, and repairs to monuments (bench marks) located on LSAAP, as required by the RCRA Permit. This effort shall include: mowing as required to maintain a neat and orderly appearance with grass and vegetation less than six inches tall at all times and minor access clearing (to include a path ten feet wide to the well or monument) to and around each of the 12 monuments, erection and repair of required barriers, and maintenance of well and monument identification markings and the provision of pest control (nest and burrow removal) around all monuments. The protective posts shall be painted to maintain a clean appearance; no less than once every other year.

5.1.3. The following 12 Monuments shall be maintained: According to the RCRA Permit, all Monuments below are to be maintained. (to include a path of ten feet wide to the monument)

HOOKS MONUMENT 1930

Corps of Engineers (COE) MONUMENT LF-1

COE MONUMENT LF-2

COE MONUMENT LF‐3

COE MONUMENT LF-4

COE MONUMENT AA‐10

COE MONUMENT LS-01

COE MONUMENT LS-02

COE MONUMENT LS-03

COE MONUMENT LS-04

XX-TEST-ROAD-Y

COE MONUMENT HAZEL

http://encyclopedia2.thefreedictionary.com/Occupational%2BSafety%2Band%2BHealth%2BAct%2Bof%2B1970

5.1.4. Reports and Data: The Contractor shall submit a report by the 7th working day after the end of each month stating the tasks accomplished for that month to the KO and COR.

5.2 Safety:

5.2.1. The Contractor shall comply with Army Regulation (AR) 200-1, Environmental Protection and Enhancement; Title 40 Code of Federal Regulations (CFR), Title 30 Texas Administrative Code (TAC), and all permits and applicable provisions of local, State, and Federal laws. The Government recognizes that portions of the plant were planned and constructed prior to the promulgation of regulatory documents. The current level of implementation of these regulatory documents is acceptable to the Government and will continue to be acceptable unless the Contracting Officer specifically notifies the Contractor otherwise. In the event there is a dispute involving methods, procedures, facility use, etc., which is not disposed of by mutual agreement, resolution shall be decided under the disputes clause. The Contractor:

5.2.2. Shall respond in writing within five calendar days to the COR’s report noting safety concerns on any of its operations on the Army’s five (5) parcels and (5) SWMUs managed by the contractor.

5.2.3. May use best industry practices in the design and implementation of the safety program as long as those practices do not conflict with the requirements of this task.

5.2.4. Shall not construe the requirements of this task as making the Army the controlling employer (as defined by the Federal OSHA) at this location.

5.2.5. Acknowledges the right of the Army to conduct its own investigation of any accident occurring on the Army retained sites.

5.2.6. Specific Safety Requirements for Contractor Operations:

5.2.6.1. OSHA Reports: The Contractor shall provide review access to the Site Manager of OSHA Form 300, Log of Work-Related Illnesses and Injuries on the Army parcels except for parcels that are managed by another contractor.

5.2.6.2. Inspection and Acceptance: The COR shall determine compliance per the permit, primarily by visual inspection and review of records as the work is performed.

5.2.6.3. Technical References: The Contractor shall use applicable regulations, pamphlets, manuals, standards and other appropriate documents to design an overall safety program. These references include Department of the Army (DA) Pamphlet 385-64, Ammunition and Explosives Safety Standards, American National Standards Institute Z136.1, Safe Use of Lasers, and DOD 4145.26-M, DOD Contractor’s Safety Manual for Ammunition and Explosives.

5.3. RESERVED

5.4. Security Services: This PWS prescribes general security service responsibilities of the Army retained parcels remaining at the LSAAP. The retained parcels are under Federal Jurisdiction. The Contractor:

5.4.1. Shall perform the services enumerated below in accordance with this task and applicable government documents.

5.4.2. Shall post/maintain restricted areas with signs as specified in 40 CFR 265.14 and any other State and local requirements relating to security.

5.4.3. Shall maintain a current State-approved Non-Commissioned Security Officer registration certificate for all security personnel. These personnel shall provide 24-hour surveillance by performing regular patrols (24-7) to physically inspect the Army retained properties (HEDG, HEBG, OBR Landfill, Area A Landfill and ODA) to ensure that the properties are secure and gates are locked. The contractor will also maintain and monitor the 24-hour video surveillance systems at the HEDG and HEBG which continuously monitors the active portion of the units. (Does not monitor the gate entrance).

5.4.4. Shall provide regular patrols to physically inspect each entrance gate and lock of the below listed RCRA facility units two times per 8-hour shift every day in accordance with our RCRA permit HW-50292-001.

HEDG

HEBG

ODA

Area A Landfill, Municipal Solid Waste Old Boston Road Landfill

5.4.5. Shall provide complete perimeter patrols to physically inspect two Army parcels on the following schedule. At a minimum, these perimeter patrols shall include checks for all physical security and integrity of the fences surrounding the two Army properties. Trips shall be documented and reports of anything unusual forwarded to the Site Manager’s office within one hour of discovery.

HEDG: once monthly HEBG: once monthly

5.4.6. Shall notify the LSAAP Army staff (Site Manager, COR, and the Environmental Protection Specialist) within one hour of discovery of any incidents or security breaches that may have occurred on any of the Army parcels and notify local ER Services, ambulance, Fire Dept. etc.

5.4.7. Shall respond and notify local emergency services for any number of events or situations (i.e.

accidents, fires, explosions, injuries, etc.) that may occur on the Army retained properties. These incidents require telephonic notification within one hour of discovery to LSAAP Army staff.

Any environmental incidents must be reported immediately to the Environmental Coordinator. The COR may require the Contractor to provide follow-up oral and written reports for any such incidents.

5.4.8. Shall notify the local law enforcement authorities in the event of a criminal (or potentially criminal) offense as soon as possible, but not more than 30 minutes from time of discovery. The Contractor shall also notify the Site Manager of the incident as soon as possible.

5.4.9. Shall answer Headquarters, Department of the Army (DA), DCS G9, Installation Management Command, Mission and Installation Contracting Command (MICC), Fort Sam Houston (FSH), or Fort Hood Garrison requests for information. At times, requests for information can be time sensitive. Replies shall be provided to LSAAP Army staff. In the event the Contractor is needed to provide input to requests for information, the LSAAP Army staff will contact the Contractor point of contact to inform him/her of the requirement.

5.4.10. Inspection and Acceptance: The LSAAP Army staff will monitor the Contractor’s performance in accordance with the QASP and the requirements of this PWS.

5.4.11Technical References: The Contractor shall follow all applicable Federal, State and Army regulations and pamphlets as guides applicable to this task. Examples include 40 CFR; 30 TAC;

AR 190-13, The Army Physical Security Program; AR 190-45, Law Enforcement Reporting; and AR 190-56, The Army Civilian Police and Security Guard Program.

5.5. Maintenance:

5.5.1 Buildings and Structures: Emergency repairs must be made as deficiencies occur. All non-recurring deficiencies shall be reported to the COR.

5.5.2 Roads and Grounds: Through this Caretaker Contract, water will be provided by Riverbend Water Resources District and electric power will be provided by the Southwestern Electrical Power Company to the HEBG and Area A Landfill and Bowie Cass Electric Cooperative will provide electrical power to the HEDG. The Contractor shall mow the following areas in accordance with the permit during the mowing season (April through October): HEDG (including the Bob Lane Cemetery), XX-Test Area with UXO technician support, and the Old Boston Road Landfill. The Bob Lane Cemetery shall be maintained in accordance with the Maintenance Plan (MP). Vegetation control shall be performed along all perimeter fencing around the HEDG and HEBG, to ensure the fencing is visible for monthly perimeter fence inspections. Blade/Mow roads to and around the WISL, ODA, HEDG and the Bob Lane Cemetery to include access roads to all monitoring wells as required.

5.5.3 Buildings, Grounds and Equipment: Buildings, and grounds in the Army retained parcels shall be inspected by visual drive-by after severe weather. Deficiencies shall be reported to the COR for corrective action.

5.6 Government Property in the Possession of Contractor: The Contractor shall have a property management plan, system, and procedures for personal property, real property, lease, and materials as required by FAR Part 45 and DFARS Part 245. The Contractor’s property management system shall be in compliance with FAR clause 52.245-1 and DFARS clause

252.245-7003. Government property is furnished on an “as is, where is” basis. The Contractor shall:

5.6.1. Have an approved Maintenance Plan. The MP shall be submitted to the KO for approval within five days of contract award. Once the plan has been accepted and the Contracting Officer signs the approval sheet, the MP shall be incorporated into the contract. The Contractor shall establish procedures that will be used to accomplish the requirements of the MP. Any changes to the MP must be submitted to and approved by the KO prior to implementation.

5.6.2. Not later than the 7th of each month provide the COR a copy of the activity report for the previous month, the weekly RCRA inspection sheets for the HEBG and the HEDG and the Security Checks for the Army retained parcels.

5.6.3. Correct any reported safety problems.

5.6.4. Coordinate with the COR, Program Manager, and the KO if there is any question regarding the acceptability or appropriateness of a purchase or repair, replacement, or disposal with no substitute.

5.6.5. Ensure that all buildings and equipment actively supporting Army Caretaker requirements are maintained in a usable or working condition.

5.6.6. Obtain the COR’s approval prior to any structure and use changes to buildings.

5.6.7. Historically the LSAAP Army staff offices in building I-71. And janitorial services provided. Restrooms in I-71 will be cleaned as needed and janitorial supplies readily available.

Trash will be removed, and floors will be swept and mopped as needed to maintain cleanliness.

Army staff office space in this facility is dependent on any agreement between caretaker contract and property owner.

5.6.8. Be accountable for all Government property under the contractor’s control on the Army retained property regardless of future ownership until the property is transferred or otherwise disposed of.

5.6.9. Maintain inspection records at the HEBG and HEDG according to the RCRA permit. All records pertaining to government property will be official Government records.

5.6.10. Vehicles. Not Applicable

5.7. Environmental: These services may be requested on an as needed basis as stipulated by the permit. The Government will provide the Contractor a 45-day notice of intent to discontinue service. Until notified by the COR of an anticipated change, the Contractor shall:

5.7.1. Conduct an environmental program which shall include establishing, maintaining and implementing policies, objectives, priorities, and operating procedures, and assign trained and certified personnel to ensure compliance with applicable Federal, state, or local environmental laws, regulations, and executive orders (excluding Executive Order 13148, Greening the Government Through Leadership in Environmental Management). AR 200-1, Environmental Protection and Enhancement is applicable to the Contractors only if they are in direct support of Army requirements.

5.7.2. Identify, locate, and document any known environmental problems or violations associated with the Army retained parcels and SWMUs under the contractor’s control with existing Federal, state or local environmental laws, and regulations. Problems or violations noted shall be reported to the LSAAP Army staff through email within 24 hours of discovery with location and specific problems/violation identified.

5.7.3. Assist in establishing any plan(s)/report(s) or review and update any existing plan(s)/report(s) needed to bring LSAAP Army retained areas and SWMUs under the contractor’s control into compliance with any and all Federal, state, and local environmental laws, and regulations.

5.7.4. Manage plant operations and methods of operation to eliminate or minimize the use, or generation of, hazardous materials or hazardous and/or toxic wastes as defined in 40 CFR, Protection of Environment in Army Areas under the contractor’s control.

5.7.5. Maintain environmental training program in accordance with Federal, State and local laws or other applicable laws. The Environmental Programs are the yearly HAZWOPER refresher training and yearly Stormwater Management Training of Army personnel for operations on Lone Star.

5.7.6. Maintain the current RCRA Permit, the Texas Pollutant Discharge Elimination System Permit, Storm Water Permit and any other permits needed for environmental compliance for the remaining Army parcels.

5.7.6.1 Perform permit renewals or modifications in accordance with all regulatory guidelines. A minimum of two Class I RCRA Permit Modifications are anticipated during the period of performance to remove parcels that have been remediated and are ready for reuse.

5.7.6.2 Manage and maintain all permits required for proper operations on the remaining Army parcels, excluding the tasks the Army has contracted through other contractors. The Contractor shall be responsible for the OBR landfill on an as needed basis including maintenance, sampling, pumping and reporting of the storm water at the OBR Landfill. Contractor will also sample storm water at the Area A Landfill (not in Environmental Services Cooperative Agreement or COE contracts) in accordance with the Storm Water Permit. Contractor will also maintain the High Explosive Demolition Ground (HEDG) unit in accordance with the RCRA Permit.

5.7.6.3. Quarterly Sweep Services include all applicable planning documents which will be provided to the contractor (draft documents/plans will be provided for revisions), management and disposal of Munitions of Concern (MEC), Material Potentially Presenting an Explosives Hazard (MPPEH) and Material Documented as Safe (MDAS) on the ground surface. All MPPEH encountered will be inspected, characterized according to its explosive safety status as MDAS or Material Documented as Explosive Hazard (MDEH). All material removed will be demilitarized, managed, certified and recycled. Recycled material will be transferred to only qualified recyclers.

The contractor will provide a completed DD Form 1348-1A for any scrap metal turned in to include the recycler’s receipt of property, weight and monetary value. These documents will be turned into the COR for a credit on invoices.

5.7.6.3.1. The primary objective is to perform surface clearance of MEC, MPPEH, and Munitions Debris (MD) within the HEDG unit to include the road surrounding the unit. Any MEC, MPPEH, MD beyond the outside edges of the perimeter road surrounding the HEDG field, shall remain in place and untouched at this time. The contractor shall document/log (picture/log) only those items 10 feet from the boundary line/outer edge of the perimeter road and no further. Remove all MEC, MD, MPPEH visibly identified and metal that is equal to or larger than (≥) 2 inches by 2 inches.

Only items that are viewable from the surface are to be retrieved. The contractor shall furnish all materials, supplies, and equipment necessary to meet the requirements for the surface sweep. Grids may need to be reacquired. Recommend grids be marked with twine, rope or other material that fully identifies the grid boundaries. The next surface sweep will be determined/directed by the

COR.

5.7.6.3.2. Above ground detonations and demolition will be conducted at the HEDG site. The contractor will use the Hazardous Fragment Distance (HFD) of 535ft for all remote direct push operations. These operations will occur only during favorable weather conditions. No detonations take place during periods of precipitation, electrical storms, or when the cloud ceiling is below 2,000 ft. The Contractor will not exceed a prescribed 35lbs of Net Weight Explosives N.E.W. for each detonation event.

Local first responders will be notified in advance of demolition operations. The local community will be notified of such operations via available public media.

5.7.6.3.3. The contractor will ensure that all personnel working in the field will be U.S. citizens and their backgrounds checked. The contractor will provide the following documentations:

Department of Defense Explosive Safety Board (DDESB) Technical Paper 18 certifications for the Unexploded Ordnance Technicians and any additional current OSHA HAZWOPER training certifications. All certificates and documentation for each personnel will be given to the COR prior to mobilization of field teams. The contractor must at all times maintain an adequate workforce for the uninterrupted performance of the surface sweep. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the workforce are essential.

5.7.6.3.4. The contractor will follow the normal work hours: Monday thru Thursday – 7 AM to 5:30 PM CT. Deviations from the regular work hours must be coordinated in advance. The Government discourages the use of overtime on this project. If there are any weather related delays and contractor plans to work the following Friday or Saturday to make up for the lost time, the contractor will provide notification to the COR. The HEDG is gated and must remain locked at all times. The contractor is responsible for securing the gate to prevent unauthorized access to the site.

5.7.6.3.5. Government personnel do not need to be onsite for the contractor to perform clearance or demolition activities. The Government shall not exercise any supervision or control over the provider performing the services herein. Such contract service providers shall be accountable solely to the primary contractor, who in turn is responsible to the Government. The contractor will monitor their subcontractor to ensure work is being accomplished according to the Performance Work Statement (PWS) and within cost. No payment for demobilization will be processed until all hazards are cleared and demilitarized. The contractor will also be responsible for ensuring all gathered items from the service sweep will be properly disposed of and not left on site.

5.7.6.3.6. During field operations, the Government will perform daily quality acceptance (QA) by walking over and visually inspecting each grid (marked and ready for QA) accompanied by the TP-18 qualified UXOQC. There will be no work stoppage as QA is performed. The contractor will setup a daily schedule for grid inspection by the government QA team. The contractor accompanied by a Government QA clearance team will inspect each grid for acceptance. Once the inspection is complete, the government representative will sign their full name on the Quality Acceptance Report (QAR) stating the grids were found to be cleared. If grids fail the clearance inspection, a Quality Deficiency Report (QDR) will be completed and the contractor will have to perform a 100% re-clearance of the grid or grids. The grids will be re-inspected and the contractor shall respond to the non-conformance by the due date listed on the QDR. The contractor may submit invoices prior to the clearance and QA acceptance of grids (mobilization costs, supplies, updated plans, etc.). Only grids which have been QA accepted may be submitted for payment.

5.7.6.3.7. Public notice: The following Public Notice will be published periodically before Surface Sweep operations begin. “The Army is conducting Environmental clean-up activities via remediation contractors at the former Lone Star Army Ammunition Plant High Explosive Demolition Grounds. Current events are concentrated on the demolition of past military munitions-related items. We are following all required federal rules and regulations in conducting these activities. Depending on the weather conditions (cloud cover, fog, and wind), loud noise and vibrations may be felt and / or heard by our local communities. We understand the concerns of the community and we will endeavor to mitigate the impacts as we complete these explosive activities.

These clean-up actions will be ongoing over the next couple of months and may result in multiple detonations in one day. When demolition operations are needed, they will commence no earlier than 9:00 am and will conclude no later than 4:30 pm. For more information an Army point of contact can be reached at 903 255-2857. Please leave a message when our representative is not available to take your call.”

5.7.6.3.8. The contractor will submit to the COR, daily status reports for all personnel on site, their position types, and hours worked. Reports will cover safety topics and any site tasks performed for each day and any upcoming activities. Daily reports will reflect all site activities to include grids completed and those not QA accepted by Government oversight personnel. Any accidents, injuries or mishaps will be documented.