ERTEM3_PWS_docx_revised_120115.docx

ACRONYMS

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P POLREP Pollution Report

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W WMD Weapons of Mass Destruction

Environmental Protection Agency Region 4

Emergency Response Training and Equipment Management

Contract: December 1, 2015 Performance Work Statement

Contract: December 1, 2015 Performance Work Statement

A. Purpose

The Environmental Protection Agency (EPA) Region 4 requires a full-service equipment maintenance, training and logistics contractor for its hazardous materials response equipment. Services are to be performed at the EPA Regional Readiness Center (RRC) located at 2999 Pacific Drive Suite F, Norcross, Georgia as well as in the EPA Regional Office, the out-posted On-Scene Coordinator (OSC) offices and response sites. Region 4 includes the states of Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina and Tennessee. The contractor will be required to manage an inventory of equipment and supplies and maintain and calibrate government-owned equipment used by the Emergency Response Removal and Prevention Branch (ERRPB) at its RRC. The contractor shall track the equipment and maintain a complete inventory and maintenance schedule of the equipment. All equipment shall be maintained according to the manufacturer’s specifications, unless otherwise directed. The equipment must be kept in a continuous state of response readiness meaning 24/7 readiness for routine and emergency use on-site, demonstration of the use of the equipment during drills and exercises, and transportation or shipment of the equipment and necessary supplies. The contractor will be required to assist the ERRPB in the development and delivery of preparedness drills and exercises utilizing the response equipment and may be tasked to procure specialized training.

B. Background

Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) and the Oil Pollution Act (OPA), as promulgated in the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), EPA is required to respond to actual or threatened releases of hazardous substances, pollutants and contaminants or discharges of oil that pose an actual or potential threat to human health or welfare, or the environment. The authority to respond has been delegated down to the predesignated OSC. The OSC has the responsibility for coordinating all federal, state, local and private efforts associated with responding to environmental emergencies. Under the National Response Framework the EPA is designated the lead coordinating agency for Emergency Support Function (ESF) 10 response to hazardous substance releases and discharges of oil. The National Response Framework also guides national response to catastrophic incidents including chemical, biological, radiological, nuclear, and explosives incidents.

In carrying out these duties, the EPA’s rapid response contracting network was established to provide emergency and rapid response capabilities to deal primarily with threats to human health and the environment caused by discharges of oil and releases of hazardous substances. The network has evolved over the past few years to address the threat from terrorist attacks or incidents involving weapons of mass destruction (WMD). The primary contracts within the network include the Superfund Technical Assessment and Response Team (START) and Emergency and Rapid Response Services (ERRS). The START contracts provide technical support, which includes gathering and analyzing technical information, preparing technical reports on oil and hazardous substances investigation, and technical support for cleanup efforts. The ERRS contracts provide emergency, time-critical removal, and expedited remedial response cleanup services. These contracts provide cleanup personnel, equipment, and materials to contain, recover, or dispose of hazardous substances or oil, analyze samples, and perform site restoration. Additional support may be obtained through EPA's Environmental Response Team (ERT) through their access to the Response Engineering and Analytical Contract (REAC). This contract network provides the essential framework and technical capacity that, among other things, allows EPA’s OSCs to respond to releases of hazardous substances and discharges of oil on a 24/7 basis.

To maintain a constant state of response readiness, EPA prepares and conducts regular trainings, drills and exercises. EPA routinely invites its START contractors and members of the response community to participate in these exercises. An integral part of these exercises is the calibration and use of EPA equipment in conjunction with simulated emergency response incidents. The ERTEM RRC management contractor shall provide support for all of the above-enumerated activities including delivery of response equipment and necessary training on such equipment.

C. General Requirements:

The contractor shall provide personnel that meet the following qualifications:

Education requirements: Unless otherwise specified, a Bachelor’s Degree or advanced degree in environmental, life, or earth sciences, computer sciences, information technology and related fields. Due to the complexity of the equipment, the calibration requirement will involve application and interpretation of manufacturers’ specifications.

Education and Experience Substitutions: Years of additional relevant experience in the field of endeavor may be substituted on a one to one basis as follows:

1. Any combination of additional years of experience in the proposed field of expertise plus full time college level study, or specialized training in the particular field, totaling four years will be an acceptable substitute for a Bachelor’s Degree.

2. A Bachelor’s Degree plus any combination of additional years of experience, graduate level of study, or specialized training in the proposed field of expertise totaling two (2) years will be an acceptable substitute for a Master’s Degree.

3. Eight years field experience in the proposed field of expertise will be an acceptable substitute for a Bachelor’s Degree.

The contractor shall ensure that EPA’s emergency response equipment, listed in PWS Exhibit A-Initial Equipment Inventory (as subsequently updated in the Equipment Inventory), is maintained according to manufacturers’ recommendations and is operable and in good repair for immediate deployment by EPA at any time.

The contractor shall ensure that EPA’s emergency response equipment is inspected, shelved, inventoried, and logged while in EPA’s RRC, and shall arrange for repair and calibration by the manufacturer or other qualified vendor, in accordance with the manufacturer’s specifications, or as needed to maintain full operability.

The contractor shall maintain a log book of all calibration, repair, and maintenance activities for each piece of equipment and record each of these activities in the inventory system within 24 hours of completion.

The contractor shall assist EPA in the development and presentation of counter terrorism and natural disaster or other emergency response drills and exercises; provide equipment use and calibration training to EPA, and shall set-up and break down all equipment and supplies needed, and restock any supplies utilized during the drills and exercises, or training.

The contractor shall also be responsible for providing equipment for non-emergency events.

The contractor shall identify requested equipment in its possession within 15 minutes of the request by an OSC.

The contractor shall clearly identify and track items with a shelf life by date, notify the EPA whenever a piece of equipment malfunctions or fails to calibrate, and arrange for major service or repair of damaged or malfunctioning equipment by qualified service personnel or the manufacturer. As much as possible, given equipment status and site usage, whenever more than one piece of a particular type of equipment is maintained in the RRC, routine calibration and maintenance shall be rotated to ensure that as many pieces as possible are available at any time, and not all pieces of the same equipment are scheduled for obsolescence and replacement at the same time.

D. General Technical Requirements

Performance Requirements:

1. The contractor shall provide response, preparedness, technical support, data management, and training activities, as described herein.

2. The contractor shall perform tasked activities in the appropriate levels of personal protective equipment as determined by the Occupational Safety and Health Administration (OSHA) and the EPA's Emergency Responder Health and Safety Manual(http://www.epaosc.org/sites/3482/files/R4_Emergency_Responder_Health_&_Safety_Manual_01282015pdf).

3. The contractor shall submit all analyses, options, recommendations, reports, training, and seminar materials, and any other work products, in draft form for review by the Contracting Officer (CO) or the Contracting Officer’s Representative (COR) prior to use or distribution. The EPA shall make all final regulatory, policy, and interpretative decisions resulting from contractor-provided advice and assistance provided under this PWS, as well as all final decisions regarding compliance determinations or the existence or violations of an order, law, or regulation.

4. The contractor shall not provide any legal advice or legal interpretations. When conducting training, seminars, and presentations, the contractor shall not interpret the EPA policy or regulations and any questions about the EPA policy and regulations shall be referred to the EPA.

5. The contractor shall not publish or otherwise release, use, or disclose any work product generated under this PWS without obtaining the EPA’s express written consent.

6. The contractor shall ensure that at a minimum two full-time staff working at the RRC maintain a valid Commercial Driver’s License (CDL) with Air Brakes Endorsement.

7. The contractor shall ensure that at a minimum two full-time staff working at the RRC maintain current 40-hour HAZWOPER, First Aid and CPR certifications.

8. The contractor shall develop a Standard Operating Procedure (SOP) and establish the necessary subcontracts to provide for transportation of the decontamination trailer to and from possibly contaminated locations. The decontamination trailer is a twenty foot ocean container on a chassis.

9. When submitting reports or documents that contain recommendations, the contractor shall complete the following:

a. explain or rank policy or action alternatives

b. describe procedures used to arrive at recommendations

c. summarize the substance of deliberations

d. report any dissenting views

e. list sources relied upon

f. detail the methods and considerations upon which the recommendations are based

E. Specific Tasks

Task 1: Emergency and other Response Actions:

Performance Requirements:

• The contractor shall maintain a 24/7 readiness capability.

• The contractor shall be available for equipment management and response on a 24/7 on-call basis throughout EPA Region 4 and also for cross-regional responses, national response incidents, and international responses.

• The contractor shall provide qualified response personnel to manage Government-owned equipment in the field. The contractor shall fulfill the responsibilities on a regional, cross-regional response, national response incident, and international response. Response activities shall include supporting EPA’s responsibilities under CERCLA, OPA, the Stafford Act, and the Homeland Security Act of 2002, as well as any future law promulgated under which EPA has responsibilities.

• In order to support EPA responses to incidents of regional and/or national significance, the contractor shall have in place agreements to augment its routine capabilities with qualified response personnel to perform the functions listed under Section C (General Requirements) and D (General Technical Requirements) of this document to manage government-owned equipment at either the EPA RRC or in the field. Under these ramp-up capabilities, the contractor shall be able to augment the RRC resources by providing personnel qualified to perform all functions, including the calibration and operation of all equipment in conformance with the manufacturer’s recommendations as well as to maintain calibration logs. Contractors ramp-up capability shall provide for the ability to supplement the contactor’s normal RRC personnel to perform all functions, at either the RRC or at location of an incident, with the availability of up to two qualified personnel within 36 hours of such notification, with up to a total of four additional personnel within three business days of notification, and with a total of up to six qualified personnel within one week of such notification.

• The contractor shall identify equipment in its possession within 15 minutes from the time the item is requested by the OSC/COR/CO/TM and prepare equipment for shipment to the response site as specified in the subsequent bulleted item. All emergency response site equipment ordering shall be authorized by the telephone duty officer, responding OSC or the out-posted OSC.

• The contractor shall prepare equipment for shipment to any emergency response site within two (2) hours of notification. As a guideline, the contractor shall deliver equipment and supplies within two (2) hours for emergency response sites that are within a 50 mile response radius from the RRC. For response sites beyond the 50 mile radius, the time for delivery of equipment shall increase by one hour for each 50 mile increase to the response radius. Time for delivery of the equipment is in addition to the two (2) hour preparation time. If the equipment is not immediately needed at the site, however, the contractor shall arrange for its delivery by the most economical means to meet the required time for delivery specified by the OSC/COR/CO/TM.

All emergency response site equipment ordering shall be authorized by either the TM, telephone duty officer or responding OSC.

• All non-emergency site equipment ordering shall be authorized by either the TM or the COR.

• The contractor shall provide 24/7 on-call readiness to mobilize to the RRC in two (2) hours and assemble and dispatch the mobile command post vehicle, decontamination trailer, or any other equipment or supplies for the EPA Region 4 ERRPB and other EPA authorized staff.

• The contractor shall deliver/issue equipment solely to EPA employees. Deviations from this practice may be allowed for emergencies only.

The contractor is responsible for maintaining and replacing all expendable materials and/or supplies as soon as possible, taking into consideration such things as need and economies of scale in purchasing and delivery, to meet the EPA requirements without unnecessarily increasing costs.

· As directed or approved by the TM, the contractor may be authorized to arrange for equipment repairs, manufacturer’s calibrations and/or manufacturer’s required services provided that the cost per unit does not exceed $3,500.00.

· As directed or approved by the TM, the contractor may be authorized to purchase expendable materials and/or supplies to replenish inventory provided that the cost does not exceed $3,500.00 per occurrence.

· As directed or approved by the TM, the contractor is authorized to purchase miscellaneous materials and/or supplies necessary for daily RRC operations provided that the cost does not exceed $75.00 per day.

· For purchases exceeding the micro-purchase limit, the Contractor shall request approval from the EPA COR and/or his designee prior to executing a purchase.

All purchases must be made in accordance with the requirements of this contract and applicable Federal Acquisition Regulation (FAR) and EPA Acquisition Regulation (EPAAR) requirements. The contractor shall consider GSA supply and/or service sources when applicable.

Acceptable Quality Level (AQL): The contractor shall have equipment ready for all pickups, shipments and deliveries for emergency shipments by the OSC/COR/CO/TM within the time tables as specified in the above standards.

TASK 2: RRC Operations Support:

Performance Requirements:

The contractor shall organize, inventory and track all equipment listed in, PWS Exhibit A - Initial Equipment Inventory, including any items added or deleted from the Equipment Inventory after issuance of the contract. Contractor shall maintain a commercial high speed internet connection.

At a minimum:

• The contractor shall operate, inspect, and maintain all RRC equipment listed in PWS Exhibit A - Initial Equipment Inventory. EPA expects the equipment list to change throughout the life of this contract. Equipment may be upgraded, added to, or reduced, based on changing technologies and government requirements. The contractor shall be capable of adapting to these changes. The contractor will assist the TM with the disposal of excess Government-owned property in accordance with all federal and EPA property management regulations.

• Operate and maintain the RRC to include all services and functions in conformance with OSHA.

The contractor shall provide laptops, printer, and cellphones for its full-time RRC personnel. All other RRC equipment shall be provided by EPA.

• Maintain a complete inventory and maintenance schedule of all emergency response equipment.

· As necessary establish a plan to ensure capabilities exist to respond to incidents of regional and/or national significance. Capabilities in need of enhanced support include but are not necessarily limited to:

1. COOP support-- As directed the contractor may be required to extend their hours of operations to 24 hours to support COOP activation.

2. Incident deployment – Contractor may be required/directed to deliver multiple vehicles (Mobile Command Post, response trailer, generator, and/or decontamination trailer) and/or provide 24/7 equipment support to an incident.

3. Training Support – Contractor may be required to reach out to external resources to augment their training and response capabilities. Additional, external support to augment training capability must be pre-approved by a Contracting Officer--solely for training related to the functions of this contract.

4. Provide GIS support ramp-up capabilities by a person(s) knowledgeable of and capable of accurately determining and entering GIS data in an appropriate database.

Performance Standards:

The contractor shall perform a variety of RRC operations support services as outlined below:

• Receiving – receive and inspect all incoming equipment and material, and note on the delivering carrier's document and on consignee's document copies any visible loss, damage, and/or other discrepancy. Inform the COR/CO if the shipment should not be accepted due to the magnitude of the damage and/or discrepancy.

• Shipping/Delivery – prepare Government property for shipment and delivery to designated sites. Deliver or arrange for immediate delivery of equipment in accordance with technical directive issued by the OSC/COR/CO/TM.

• Inventory Control/Maintenance System - Maintain a detailed inventory of all Government-owned property, calibration supplies, and supplies available to deploy on a real-time basis. Inventory control shall include a record of equipment calibration dates and schedules. Inventory shall provide accurate locations and selection of stock. The inventory control system must be capable of providing reports which list: inventory on-hand (including equipment within or outside the RRC); projected maintenance schedules; if sent out for maintenance, the projected date for return to the RRC; maintenance performed; and equipment “checkout” information, date and person/organization released to. Include names in the inventory of contractor personnel that can calibrate or operate equipment in the field.

• Disposal - Dispose of any materials, packaging and other substances used in the operation and maintenance of the facility, in accordance with local, state approved property management system and federal regulations, and laws.

• Decontamination - All Government property shall be decontaminated prior to delivery to the RRC. Contaminated Government property shall not be brought to, stored or otherwise maintained at the RRC.

• Cleaning - The Contractor shall clean all Government property that is returned to the RRC so that it can be redeployed within the earliest time frame practicable. All Government property brought to the RRC from a field deployed scene shall be cleaned prior to re-inventory into the RRC for future use. It is assumed residual contamination may exist on Government property when it is returned to the RRC. However, the degree of residual contamination shall be such that no risk to personnel or the environment exists, that no Personnel Protective Equipment would be required for cleaning, or that the cleaning would produce any waste requiring special handling and/or permit required disposal.

· Contractor maintains a commercial broadband high speed internet connection of at least 50 Mbps or higher.

• Samples - No samples collected from sampling events and/or emergency response actions shall be brought, stored or otherwise maintained at the RRC.

Acceptable Quality Level: The contractor shall maintain a 100% accuracy of inventory and ensure that all equipment inventory is properly categorized, cleaned, and its operational status documented.

TASK 3: Equipment Calibration and Maintenance

Performance Requirements:

• The contractor shall maintain and/or calibrate all equipment in conformance with manufacturer’s recommendations and record the maintenance in the inventory system within 24 hours of completion.

• The contractor shall monitor, and coordinate with maintenance vendors, the scheduled return date of any equipment sent out for maintenance.

• The contractor shall maintain maintenance/calibration logs for all applicable items. Any discrepancies shall be noted and steps to correct the discrepancies shall be identified. Significantly damaged and/or missing equipment or supplies shall be reported by email to the Task Manager, within two business days of the discovery of such discrepancy.

• The contractor shall have and maintain technical and operational knowledge of the science behind equipment operating systems.

• The contractor shall maintain an adequate and viable inventory of calibration, and operating chemicals and supplies to, both maintain calibrated and field ready equipment in the RRC and insuring that all equipment dispatched from the RRC is accompanied by an adequate supply of calibration chemicals and supplies to allow for standard field calibration and anticipated field utilization.

• The contractor shall clearly identify and track expendable items with a shelf life by date and when the item is to be replaced. Replacement of items having a shelf life shall be received prior to shelf life expiration for the item being replaced. In no case shall items with less than 2 weeks or 10% shelf life remaining, whichever is shorter, be provided for use. Upon receipt of the replacement item, the expired item will be disposed of in accordance with the approved property management system.

• The contractor shall immediately notify the TM and the COR whenever a piece of equipment is determined to be malfunctioning or failing to properly calibrate. The contractor shall notify the COR via e-mail and or phone call of any failed or malfunctioning equipment;

• The contractor shall inspect and perform required maintenance on all equipment returned to the RRC prior to returning the equipment to the available inventory. The contractor shall notify the TM and COR or his designee of any equipment that is returned and in the contractor’s opinion might not have been handled with care or is in disrepair because of possible misuse.

• The contractor shall arrange for service or repair of damaged or malfunctioning equipment by qualified service repair personnel or by the manufacturer. The contractor shall notify the TM and the COR/or their designee of inoperable equipment or of any equipment needing service or repair prior to providing such repair.

The contractor shall arrange for major service or repair of damaged or malfunctioning equipment by qualified service repair personnel or by the manufacturer. The contractor shall obtain approval from the EPA COR/or their designee of inoperable equipment or of any equipment needing major service or repair prior to providing such repair.

The contractor will support the EPA designated Safety Officer by conducting annual fit tests of the protective masks for all On-Scene Coordinators and other EPA staff.

Acceptable Quality Level (AQL): The contractor shall maintain a 100% accuracy of inventory and ensure that all equipment inventory is properly categorized, cleaned, and its operational status documented.

No more than two instances per month of failure of a piece of equipment, or a failure to meet any other requirement of this PWS—whether to accurately and timely maintain all required data in the database, or to meet any other times, restrictions, or duties specified herein—shall be permitted in order to achieve satisfactory performance rating and earn payment of the full monthly fixed price for contract performance. In accordance with the standard fixed price inspection clause incorporated into the contract, deductions comparable to the possible estimated impact to EPA’s program may be deducted for further deficiencies—and/or other actions as authorized by laws, regulations, or other provisions of this contract--unless records maintained by the contractor are adequate to demonstrate that any such excess deficiencies were beyond the control of the contractor, such as sudden, unexplained failure of equipment despite adequate routine calibration, checking, and maintenance.

INCENTIVES (Inspections will be conducted and bonuses paid quarterly)

1. The Government will inspect a minimum of 15 pieces of equipment that are reported to be in good working condition (operability) to assure that they are properly working and accurately recorded in the equipment database, and have up-to-date maintenance. All numbers shall be rounded to the closest whole percentage:

100% (0-failure)

$500 bonus

2. Equipment is maintained according to the Contractor’s Scheduled Maintenance Plan, and in accordance with the documented manufacturer recommendations, and supply levels are reasonable and adequate. This includes that the electronic inventory and maintenance logs are accurate and up to date (based upon a review of maintenance logs); that the electronic inventory for at least 15 pieces of equipment that have been returned from a site, an exercise, or maintenance within the past month (or randomly chosen if insufficient equipment returns are available); and a review of the supply inventory indicates that reasonable levels (generally at least 50% ) are maintained, and proper procedures for ordering and repairs were followed. All numbers shall be rounded to the closest whole number:

100% (0-failure)

$500 bonus

3. The contractor provides adequate support, including accurate and sufficiently detailed training when required, and accurate and timely delivery of equipment and supplies to sites, based upon the average score received for all the Customer Satisfaction Surveys received during the quarter, including those from trainees and OSCs who requested equipment at a site. An Outstanding Rating is worth 3 points. A satisfactory rating is worth 2 points. An Unsatisfactory rating is worth 1 point:

Equal to or Greater than 2.5

$250 bonus

TASK 4 Drills, Exercises, and Training

As directed, the contractor shall provide support to the EPA in the development, logistics, and presentation of drills and exercises relating to RRC equipment.

• The contractor shall assist EPA in the development and presentation of training related to the use of equipment for counter terrorism and natural disasters, or other emergency response drills and exercises.

To maintain response readiness and training, as directed and in consultation with the TM, the COR and/or designee, the contractor will contract qualified training providers to deliver specialized equipment training.

• The contractor shall provide equipment use and calibration training to EPA.

• The contractor shall have knowledge of the science behind equipment operating systems to be capable to train equipment users.

• The contractor shall set-up and break down all equipment and supplies needed, and restock any supplies used during the drills and exercises.

Acceptable Quality Level (AQL): The contractor shall provide support to the EPA for all drills and exercises and ensure equipment readiness and availability are maximized (100%)

TASK 5 Removal Site Support

Performance Requirements:

• Contractor shall maintain all equipment ready to support non-time critical removal operation throughout the Region 4 Office for the states of Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee as well as non-emergency cross regional responses, national response incidents, and international responses.

Performance Standards:

• Contractor shall be responsible for having equipment available and, if necessary, deliver it to non-emergency events, to include but not limited to: site assessments, equipment training, community relations activities, presentation and response simulation drills.

• The contractor shall identify equipment in its possession within 15 minutes when requested by the TM, OSC, COR, and/or the CO.

The contractor shall prepare and ship equipment to a site as directed by the OSC/TM/COR.

• The contractor shall be responsible for packaging and delivery of equipment to the site on time as specified by the OSC/TM/COR. The contractor shall prepare equipment for shipment to a removal site within two (2) hours of notification. As a guideline, the contractor shall deliver equipment and supplies to sites that are within a 50 mile response radius from the RRC facility, if necessary to provide adequate and timely support. Otherwise, equipment shall be delivered in the most cost-effective manner necessary to meet the need requirements specified by the OSC/COR/TM. .

Acceptable Quality Level (AQL): The contractor shall have equipment ready for pickups, shipments and deliveries for non-time critical removal as directed by the OSC/TM/COR within the time tables specified above.

TASK 6 Customer Satisfaction Survey

• Any time an EPA employee checks out a piece of equipment or brings in a piece of equipment the employee will be required to complete a Customer Satisfaction Survey and submit to the TM and the Contracting Officer Representative.

• The contractor shall provide a list of all EPA employees that checked out equipment to the EPA TM and the COR each month.

• The Contractor is not responsible for surveys not filled out or not returned to the TM or the COR by EPA personnel.

F. Transportation

The contractor is responsible for delivery of necessary equipment and supplies to an incident in accordance with the time frames set forth above as modified by technical direction, employing the most cost-effective method of delivery necessary to reasonably assure delivery by the required need date.

G. Deliverables

The contractor shall submit the following deliverables:

• Weekly and Monthly Equipment Inventory report in Microsoft Excel spreadsheet

The following data fields shall be included in each report:

The monthly Equipment Inventory report shall be submitted to the COR with the monthly invoice. The cognizant CO, COR and TM for this contract in Region 4 will be identified after contract award.

The reports are an evolving process that will become more defined, detailed and further described throughout the contract term. The report submission process, while currently done via an Excel spreadsheet, may become Web-based or real time.

The contractor will utilize and maintain EPA’s Equipment Inventory System to manage and track all aspects of the ERRPB equipment and supply status.

All data systems used to input and maintain EPA equipment and supply information in whatever format (including the data in them) shall be deemed to be EPA information systems subject to the contract “Rights in Data” clause, FAR 52.227-14 Rights in Data--General.

H. Inventory Management

Upon approval of the Contracting Officer, the contractor may be authorized to use Federal Supply Schedules or other federal government ordering instruments to order and replenish inventory stock. If this process is approved for use by contractor, it shall be solely and exclusively used for materials and supplies related to this contract.

I. Agency Personal Identity Verification Procedures for Contractor Personnel

To safeguard the EPA workforce and comply with Homeland Security Presidential Directive 12 (HSPD-12), Executive Order (E.O.) 13467, E.O. 13488 and Office of Personnel Management (OPM) regulations, the EPA requires the following:

· For Unescorted Access for 6 Months or Less Contractor employees needing unescorted physical access to a controlled EPA facility[footnoteRef:1] for 6 months or less must be determined by the EPA to be fit before being issued a physical access badge (picture ID). A fitness determination is, per E.O. 13488, a decision by an agency that an individual has or does not have the required level of character and conduct necessary to perform work for or on behalf of a federal agency as a contractor employee. A favorable fitness determination is not a decision to contract with an individual. Contractor employees must undergo, at a minimum, an FBI fingerprint check of law enforcement and investigative indices (see Section 2 below). [1: A controlled facility is an area to which security controls have been applied to protect agency assets. Entry to the controlled area is restricted to personnel with a need for access.

· For Unescorted Access for More than 6 Months Contractor employees needing unescorted access to a controlled EPA facility for more than 6 months are required to have an HSPD-12 smart card, called an EPASS badge. Eligible contractor employees must have a completed or initiated background investigation at the National Agency Check and Inquiries (NACI) level or above, comply with all other investigative and HSPD-12-related requirements, and be determined by the EPA Personnel Security Branch (PSB) to be fit (see Section 3 below). “Initiated” means that all initial security requirements have been met (paperwork is completed, submitted, and PSB-approved; favorable fingerprint results have been received; funding has been provided to cover the cost of the investigation; and PSB has sent notification that the individual may begin work).

To ensure timely contract performance, the contractor must be prepared to immediately submit upon contract award the contractor employee information detailed in Section 1.c. This applies also to incumbent contractors’ employees for follow-on acquisitions. All contractor employees under a new contract are subject to the requirements in Sections 2 or 3; however, the time needed to meet security requirements may be shorter for personnel who already have a favorable fitness determination.

Contractor employees may begin work on the contract start date provided all applicable documentation in Sections 1, 2, and 3 has been received by the EPA and there is no derogatory information to preclude a favorable determination. Timely submission of contractor employees’ security forms and other required documentation is essential.

A favorable determination may be revoked at any time should the EPA discover derogatory information that deems a contractor employee unfit. Contractor employees deemed unfit will not be allowed to continue under the contract, and the contractor will be responsible for providing replacements acceptable to the EPA.

The EPA may make a determination of a contractor employee’s fitness at any of the following points:

· When the EPA prescreens the individual’s security forms. “Red flag” issues include:

· Having been fired from a previous job or having left under unfavorable circumstances within the past 5 years (or longer, depending on the security form questions and type of investigation);

· Failure to register with the Selective Service System (applies to male applicants born after December 31, 1959);

· Within the past 5 years (or longer, depending on the security form questions and type of investigation), any arrest, charge, or conviction that has been upheld for violent or dangerous behavior or a pattern of arrests that demonstrates disregard for the law;

· Illegal drug use within the previous year, or drug manufacture or other involvement for profit within the past 5 years (or longer, depending on the security form questions and type of investigation).

· When FBI fingerprint results are returned to the EPA;

· When OPM returns the individual’s investigative results to the EPA;

· When the EPA becomes aware that the contractor employee may not be fit to perform work for or on behalf of a federal agency. The contractor is responsible for monitoring its employees’ fitness to work and notifying the EPA immediately of any contractor employee arrests or illegal drug use.

1. Initial Contractor Requirements

This section contains the contractor’s initial security requirements, which must be met before contractor employees can perform work on-site at EPA under this contract.

0. The contractor must identify a point of contact (POC) and alternate POC to facilitate security processes.

0. The contractor must ensure that all foreign nationals who will work under this contract have a valid U.S. Immigrant Visa or nonimmigrant Work Authorization Visa. The contractor must use E-Verify to verify employment eligibility as required by the FAR.

0. The EPA requires contractor employee information for the investigative and EPASS processes. Immediately upon contract award or anytime new personnel are brought onboard, the contractor POC must log on to a secure, EPA-identified portal, create an account, and submit complete contractor employee information: Full name (as found on employment records and driver’s license), Social Security number, date of birth, place of birth (city, state, country), citizenship, employee email address, EPA Program Office or Regional Office, and EPA work city and state. Note: Incomplete names, inaccurate names, and nicknames are unacceptable and may delay contractor employees’ start date. Instructions and the portal link will be provided upon contract award.

0. EPA will provide the login information for the portal. After submission of the contractor employees’ data, the Contracting Officer’s Representative (COR) will notify the contractor POC if additional information or corrections are required. The COR’s approval of the information triggers the investigative and EPASS processes.

1. Requirements for Contractor Employees Needing Unescorted Access for 6 Months or Less

This section contains the requirements for contractor employees who are not eligible for an EPASS badge but who need unescorted physical access. The minimum security requirement is an FBI fingerprint check.

1. Before the contractor employee can begin work on-site at the EPA:

0. He/she must be fingerprinted by the EPA; arrangements will be made by the COR.

0. The contractor employee must satisfactorily respond to all questions/information requests arising from the EPA’s review of the fingerprint results.

0. The EPA must determine that the fingerprint results are favorable.

Once all requirements in Section 2(a) are met, the COR/PO and contractor employee will be notified that the contractor employee can start work. Contractor employees will be issued a physical access badge and may work on-site at EPA. Contractor employees must sign a receipt acknowledging responsibility to safeguard the badge and surrender it when required (see Section 4.b).

1. Requirements for Contractor Employees Needing Unescorted Access for more than 6 Months

This section contains the requirements for contractor employees who are eligible for an EPASS badge and who must have, at a minimum, a NACI background investigation completed or initiated. Contractor employees needing access to sensitive information or otherwise occupying moderate or high-risk positions must undergo an investigation above the NACI level. The EPA will assign a position risk level to each position on the contract and identify which contractor employees are EPASS-eligible.

2. EPASS-eligible contractor employees must undergo a background investigation appropriate to the risk level of the position occupied, as specified by the EPA; the minimum acceptable investigation is a NACI.

2. Employees who have previously undergone a federal background investigation at the required level and who have worked for or on behalf of the federal government without a break in service since the investigation was completed may not need a new investigation. The EPA will verify the investigative information and notify the contractor employee and COR if a new investigation is required. If an investigation is not needed, the contractor employee must still be fingerprinted by the EPA for an FBI fingerprint check and have favorable fingerprint results returned before beginning work on-site at EPA.

2. Before beginning work on-site at the EPA, contractor employees who require a new background investigation must:

2. Complete and submit the appropriate OPM security questionnaire specified by the EPA via OPM’s e-QIP system. Access to e-QIP will be provided by the EPA; the questionnaires are viewable at www.opm.gov/forms. Foreign national contractor employees must, on the security questionnaire, provide their alien registration number or the number, type, and issuance location of the visa used for entry to the United States.

2. For a NACI only, also complete the OF 306, Declaration for Federal Employment, as required by OPM for any NACI and available at http://www.opm.gov/forms/pdf_fill/of0306.pdf. Contractor employees must answer questions 1-13 and 16, then sign the form on the “Applicant” line, 17a.

2. Follow all instructions on the form(s), answer all questions fully, and submit signature pages as directed by the EPA.

2. Be fingerprinted by the EPA; arrangements for fingerprinting will be made by the COR.

2. Satisfactorily respond to all questions/information requests arising from the EPA’s review of the forms or fingerprint results.

2. Receive favorable fingerprint results.

2. Once all requirements in Section 3(c) are met, the COR/PO and contractor employee will be notified that the contractor employee can start work. Contractor employees may work on-site at EPA while OPM conducts the background investigation.

2. At a time and location specified by the EPA, contractor employees must report in person for EPASS identity (ID) proofing and show two unexpired forms of identification from the lists on Department of Homeland Security Form I-9. At least one of the documents must be a valid, unexpired state or federal government-issued photo ID; non-U.S. citizens must show at least one ID from Column A on Form I-9.

2. Before being issued an EPASS badge, contractor employees must sign a receipt acknowledging responsibility to safeguard the badge and surrender it when required (see Section 4.b). Contractor employees must meet all EPASS badge life-cycle requirements.

2. A contractor employee has the right to appeal, in writing through the contractor POC to the COR, the denial or revocation of an EPASS badge. If the COR believes the appeal is justified, he/she will forward it to the Security Management Division (SMD). SMD’s decision on behalf of the EPA will be final.

1. Ongoing Contractor Security Responsibilities

3. The contractor POC must immediately provide updated information via the secure portal when new contractor employees are added to the contract. These contractor employees must meet all initial investigative requirements before beginning work on-site at EPA. The contractor POC must also update information via the secure portal whenever a contractor employee leaves the contract.

3. The contractor POC must ensure that all EPA physical access and EPASS badges are returned to the COR as soon as any of the following occurs, unless otherwise determined by the Agency: (i) when the badge is no longer needed for contract performance; (ii) upon completion of a contractor employee’s employment; (iii) upon contract completion or termination.

3. These EPA security requirements must be incorporated into all resulting subcontracts wherein contractor personnel working under the subcontract require EPA physical access.