Attachment_J1_PWS_(11-7-16).pdf.docx
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- Attached to
- Hazardous Materials Management Services Federal contract opportunity
- Solicitation number
- SP3300-17-R-5003
- Issued by
- Defense Logistics Agency Distribution
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Attachment J.1 - Section C - Performance Work Statement (PWS)
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SECTION C – PERFORMANCE WORK STATEMENT (PWS)
SECTION C-1 GENERAL CONDITIONS AND REQUIREMENT
A. This Section provides general information relating to the conditions of operation and general requirements relating to the Hazardous Materials Management services to be performed at DLA Aviation organizations. This is a non-personnel services contract to provide Hazardous Material (HM) products and management services in support of Fleet Readiness Centers (FRC) Southeast (FRCSE) located in Jacksonville, FL, Fleet Readiness Center East (FRCE) located at Cherry Point, NC, and Fleet Readiness Center Southwest (FRCSW) located at North Island, CA by utilizing Performance Based Logistics support in the form of commercial Third Party Logistics (3PL) services and Contractor Logistics Support services. 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 SCOPE OF WORK
A. The Contractor shall comply with Pollution Prevention (P2) mandates to reduce the amount of HM procured, stocked, distributed, and disposed. The Contractor shall support and perform the full range of HM requirements for DLA at specified locations which shall include but not be limited to; innovative methods of reducing total ownership costs (TOC) (life-cycle costs) of HM, continuous process improvement of customer service and product delivery, establishment of an integrated chemical products supply chain, and reduce negative impacts to the Hazardous Waste (HW) stream through redistribution of excess HM, promoting DLA Green Procurement Program (GPP) practices, fulfilling minimum units of measure aligned with maintenance requirement, and constant marketing and redistribution of government owned excess HM also known as REUSE. The Contractor shall use the Hazardous Materials Management System (HMMS) and other Government-Furnished Information Technology (IT) Data Systems for HM tracking purposes along with generic Contractor- Furnished systems in support of the full range of HM products and management services required by DLA customers. The Contractor shall conform to ISO 14001 Certification standards in alignment with DLA Aviation Environmental Management Systems (EMS). The Contractor is not required to “certify” to ISO 14001 or OSHA’s 18001, but is required to follow the tenets and adhere to DLA and FRC ESOH Policies.
B. The DLA Aviation has a requirement to provide Hazardous Material (HM) products and management services in support of Fleet Readiness Centers (FRC) Southeast (FRCSE) located in Jacksonville, FL, Fleet Readiness Center East (FRCE) located at Cherry Point, NC, and Fleet Readiness Center Southwest (FRCSW) located at North Island, CA by utilizing Performance Based Logistics support in the form of commercial Third Party Logistics (3PL) services and Contractor Logistics Support services. In providing HM management as a 3PL provider, the Contractor shall be responsible for standardizing life-cycle management processes to reduce TOC for procurement, receipt, storage, issue, delivery, tracking, returns, redistribution and disposal of unserviceable HM throughout the DLA Aviation customer base. The Contractor is required to provide complete supply chain management to include all procurement and ordering of HM for DLA customers IAW the requirements of the PWS.
C. The scope of this contract includes Contractor Logistics Support using commercial 3PL vendor supply chain management for vendor-owned HM and services and services using commercial 3PL vendor-owned supply chain management as well as government-owned vendor managed inventory (VMI). The Contractor shall supply HM IAW Government-approved Authorized Use Lists (AUL). The Contractor shall focus on high-level management and flexibility, accommodating changes in laws, regulations, technology, and site specific requirements. The Contractor shall have proven experience with and current knowledge of OSHA and DoD Hazardous Communications (HAZCOM) Standards, Environmental Compliance including Emergency Planning and Community Right to Know Act (EPCRA), the Pollution Protection (P2) Act, DoD policy, Executive Orders, and other Federal, State and local Environmental, Safety and Occupational Health (ESOH) regulations.
1.1.1 BROAD WORK DESCRIPTION
A. The Contractor shall provide compliant cradle-to-grave HM support (services and material) to all authorized DLA Aviation customers. The work effort includes HM inventory provisioning and associated supply chain services as well as all other functions required herein, to ensure fully adequate, timely and efficient HM operations. The Contractor shall, in the performance of this contract, satisfy all planned and emergent HM requirements based on customer defined priorities in a way that ensures no negative production line impacts due to material support deficiencies. The Contractor shall:
1. Provide complete supply chain management support to include all procurement and ordering of HM for customers IAW requirements of this contract.
2. Use HMMS (to include current and future capabilities) to perform cradle-to-grave HM management, receipt, storage (to include shelf-life management), and issue of HM; to maintain Safety Data Sheets (SDS), and to perform container tracking.
3. Perform strict accountability and life-cycle management of all HM products by specific chemical constituents from cradle to grave.
4. Provide an approved purchasing system for materials to ensure fair and reasonable pricing of materials to the Government.
5. Comply with the requirements in FAR Part 51, Use of Government Sources by Contractors and DFARS Part 251 Contractor Use of Government Supply Sources when ordering from Government Supply Sources; FAR Subpart 23.4, Use of Recovered Material and Bio-based Products; 23.7 Environmentally Preferable and Energy Efficient Products and Services; and 23.8, Ozone Depleting Substances.
6. Operate Issues Centers (IC) (includes managing HM carts and lockers) as required.
7. Provide HM products to authorized customers at the lowest Unit of Use or Unit of Measure.
8. Maintain Government-approved Authorized User (customer) and Use (products) lists (AUL) in HMMS.
9. Ensure continual ESOH compliant HM management IAW ISO 14001 Standards.
10. Perform decanting and dispensing of bulk HM products, as required.
11. Deliver HM to customer designated lockers or locations.
12. Perform tracking of empty and partial containers and update HMMS database accordingly
13. Perform HW handling, documentation, and disposition, as required.
14. Perform special projects that are within the scope of the PWS requirements as requested by the customer.
1.2 GENERAL OPERATING CONDITIONS
1.2.1 PLACES OF PERFORMANCE
A. The places for services performance will be DLA Aviation Cherry Point, NC, DLA Aviation Jacksonville, FL and DLA Aviation North Island, CA.
1.2.2 INTERACTIONS WITH GOVERNMENT ORGANIZATIONS
A. The Contractor’s primary interaction with the Government shall be through the DLA Contracting Officer (KO), Contracting Officer’s Representative (COR) and the DLA Aviation Technical Point of Contact (TPOC) at each location. The KO or designee will communicate all contractual, technical, and administrative information concerning HM operations and support requirements outlined in this contract via e-mail, directives, memoranda, and other command documentation.
B. The Government will perform all KO or designee functions; quality assurance evaluations of the Contractor’s performance; and provide the primary interface between the Contractor and the FRC, host installation, and local customers.
C. The Government management will provide general instructions on limitations and deadlines. Additional instructions will be provided for any unusual assignments or those that vary from established procedures.
D. Interactions with other Government organizations include but are not limited to the FRC Environmental Office, FRC Engineers, Industrial Hygiene, the host Environmental Compliance Office, Safety Office, and the primary HAZMIN Centers located at each installation (if applicable).
1.2.3 FEDERAL HOLIDAYS
A. Federal holidays generally observed by government personnel include:
Observed Federal Holidays
| New Year’s Day |
| Martin Luther King Day |
| Presidents Day |
| Memorial Day |
| Independence Day |
| Labor Day |
| Columbus Day |
| Veterans Day |
| Thanksgiving Day |
| Christmas Day |
B. In the event an Executive Order (EO) issued by the President of the United States declares Agencies of the Federal Government closed for a regularly scheduled workday, the KO or designee will determine and advise the Contractor on whether services are required for that day.
1.2.4 CURRENT DUTY HOURS AND ACCESS TO THE HOST INSTALLATION
A. Due to changing traffic requirements brought on by construction, changing missions, and security concerns within the host installation, access to the host installation is subject to change, sometimes with little or no warning. Inbound and outbound traffic restrictions exist.
B. In the event an authorized Federal Authority declares a base closure due to security measures or hazardous weather conditions for military members or Government employees, such declaration may affect Contractor ability to access their work location. If the Contractor is unable to perform work at regularly prescribed locations as a result of these conditions they will coordinate with the KO or designee and will be exempt as long as the declaration is in effect.
C. Work schedules are site specific and will be established by the Government to coincide with Industrial Production schedules at each location for routine performance. (See Technical Exhibit 1.1 for the Current Work Schedules). The Contractor may be required to operate issue centers by shift and man the center for the duration of the shift or provide roving services.
D. The Contractor shall keep personnel on-site to continually provide HM support to all customers during the designated hours and days of operations. The Contractor shall arrange work schedules so that it does not interfere with Government business. Due to the nature of military operations, at any time during the performance of this contract, the Contractor may be required to adjust work schedules to meet operational commitments of the customer. The Contractor shall not be eligible for an adjustment in compensation for any schedule change that does not result in a net increase in man- hours expended in a 24 hours period.
E. During normal business hours, the Contractor shall staff the HM Center with technically capable, knowledgeable, and qualified personnel to provide the full range of specified customer services during the hours indicated in TE 1.1 Current Duty Hours. This requirement shall not be satisfied by the use of electronic recording devices, pagers, or other remote methods.
F. Situations that may require the Contractor to adjust work schedules may include but are not limited to Military Reserve training; contingency operations; or weather emergencies. The Contractor shall schedule work to minimize disruption when the Contractor’s access to work area conflicts with DoD mission requirements. Such scheduling may require work to be accomplished at times other than normal working hours.
G. When unforeseen installation closure occurs on a regularly scheduled day of work, the Government will have the option to reschedule the work to be performed on the following workday or reschedule the work on any day acceptable to the Government. Installation closures or curtailment of activities may include but are not limited to natural disasters, inclement weather and heightened security conditions. Base or installation closure notification is provided by radio, television, or base telephone information systems.
1.2.5 EXTENDED HOURS OF SERVICE AND SURGE REQUIREMENTS
A. The Contractor shall not work surge or extended hours without the authorization of the KO or designee. The Contractor shall work weekends, Federal holidays, and before and after normal working hours when operational requirements dictate and as determined by the KO or designee.
1.3 TRAVEL
A. The Program Manager, 3PL Manager, Environmental, Safety and Occupational Health (ESOH) Compliance Specialist, and Site Managers may be required by the Government to travel in support of the requirements of this PWS. The Contractor shall ensure that all travel is coordinated and pre- approved by the KO or designee and consistent with the Joint Travel Regulations (JTR). Reimbursement for transportation costs will be limited to allowable expenses for Government directed travel. The Contractor shall be responsible for any costs incurred as a result of authorized travel which are in excess of that allowed under FAR Part 31.205-46 and the appropriate regulations therein.
1.3.1 CONTRACTOR RECRUITMENT LOCATION
A. The Contractor shall make best efforts to recruit the most qualified personnel within the respective location of the DLA Aviation.
1.4 KEY PERSONNEL
A. Certain experienced, professional, and/or technical personnel are essential for successful accomplishment of the work to be performed under this contract. These are defined as “Key Personnel” and are those persons whose resumes are submitted to the KO or designee for determination of acceptability. The Key Personnel for this contract are the Program Manager, Third Party Logistics Project Manager (3PL PM), the ESOH Compliance Specialist, and the Site Managers.
B. Program Manager: The Contractor shall designate one (1) Program Manager who will have full authority to act for the Contractor on all matters relating to Contract Performance. The Program Manager shall possess experience commensurate with the requirements of the contract preferably in supply chain management, logistics analysis, hazardous materials management, DoD financial processes, regional and global supply policies; and managing projects, contracts, funds, and resources. The Program Manager shall provide overall management coordination and to serve as the central Point of Contact (POC) with the Government for performance of all work under the contract. Manages and oversees overall operations. Makes recommendations to improve productivity, quality, and efficiency of operations. Interacts with customers to ensure that all requirements are being met. Relies on extensive experience and judgment to plan and accomplish goals. A wide degree of creativity and latitude is expected. The Program Manager shall respond to all communications from the KO or designee within one hour during normal operating hours unless specified herein.
C. Third Party Logistics 3PL Project Manager (3PL PM): The Contractor shall designate a 3PL Project Manager who will have full authority to supervise and manage personnel, plan, direct, and execute specific Supply Chain Management functions, DOD logistics policies and initiatives, and perform financial management procedures. The 3PL PM shall possess experience and familiarity with commercial 3PL sourcing and inventory management procedures commensurate with the requirements of the contract. Experience required is preferably in conducting various supply, logistics and or analysis, studies and project management tasks. The 3PL PM shall be authorized to act on behalf of the Contractor during the PM’s absence. The Contractor shall provide written, 48 hour advance notice to the KO or designee, of such designation. Manages and oversees overall supply chain operations, including purchasing and inventory of materials as well as selection of vendors. Makes recommendations to improve productivity, quality, and efficiency of operations. Coordinates and resolves issues regarding existing and new products. Interacts with customers to ensure that all requirements are being met. Must be familiar with a variety of the concepts, practices, and procedures. Relies on extensive experience and judgment to plan and accomplish goals. A wide degree of creativity and latitude is expected. The 3PL PM shall be available for contact by a pager, mobile device, or home phone for emergencies including weekends and Federal holidays.
D. Environmental, Safety and Occupational Health (ESOH) Compliance Specialist: The Contractor shall designate an Environmental and Safety Compliance Specialist who serves as the ESOH POC to conduct required environmental and safety analysis and observations and supports the Site Manager, and KO or designee with ESOH surveillances conducted by local Environmental, Safety or Occupational Health offices; evaluates results and makes recommendations as necessary for maintaining compliance with regulatory agencies. Requires extensive experience in the field or in a related area. Must be familiar with standard concepts, practices, and procedures within the environmental and safety compliance fields. Conducts ESOH training with Contractor employees performing under this contract.
E. Site Manager: The Contractor shall designate a Site Manager for each location where services are to be performed. The Site Manager shall provide management, organizational, business and technical leadership and services to ensure successful completion of tasks on a timely basis and within budget. The Site Manager shall have the authority to resolve problems, allocate resources, and manage personnel. The Site Manager must possess significant expertise in logistics management, material control, distribution and storage, and financial management and be capable of interfacing with command safety, industrial hygiene, and environmental compliance personnel. The Site Manager shall work from Government office spaces located at respective DLA Aviation locations. The Site Manager shall participate in and support HM Customer Service meetings arranged by the Government, at each installation as required by the KO or designee.
F. The Contractor PM, 3PL PM, ESOH Specialist, and Site Manager, may be required to attend contract status planning and management meetings, production meetings, and training as required by the KO or designee and may require travel to an offsite location.
SP3300-17-R-5003
Attachment J1 Performance Work Statement
C-18
G. Upon notification, the Site Manager shall be on-site to meet with Government personnel within one hour during normal duty hours and within two (2) hours outside of normal duty hours. The Contractor shall provide the names and telephone numbers (to include mobile telephone and pager, as applicable) of the Site Managers in writing at the start of the phase-in period. In the event of the replacement of a Site Manager, the Contractor shall notify the KO or designee, in writing, of such replacement and provide the name(s) and telephone number(s) at least 15 calendar days prior to a planned replacement and within 24 hours following an unplanned replacement.
1.4.1 PERSONNEL QUALIFICATIONS
A. The Contractor shall provide staffing commensurate with the size of the operation, type and quantity of material being managed and required service hours to support the customer. The Contractor shall provide qualified supervisory, technical, and administrative personnel to accomplish all work and services required by the PWS not later than (NLT) the first day of full Contract Performance.
B. Personnel assigned to or utilized by the Contractor in the performance of this contract shall meet the experience, educational, and other background requirements set forth below and shall be fully capable of performing in an efficient, reliable, and professional manner.
C. The Contractor shall not employ any person who is not a citizen of the United States and who does not have the requisite security check as set forth in C-1.5.3 Personnel Clearance. All personnel must be able to read, write, speak, and understand the English language.
D. While employment of Military or Government personnel is not prohibited, Government employees and military members may still be limited in their outside employment by law and/or regulation. The Contractor should seek appropriate legal advice before offering employment to an active-duty or Government employee. The Contractor shall have active-duty military or Government personnel provide documentation indicating that they have received legal advice and concurrence from their respective service ethics counselor.
E. The Contractor shall identify all employees who are members of Reserve Components of the US Armed Forces.
1.4.2 LABOR CATEGORIES
A. Lead Analyst: Records and maintains control of all inventory items purchased and produced. Ensures compliance with established internal control procedures. Familiar with standard concepts, practices, and procedures commensurate with these contract requirements. Relies on limited experience and judgment to plan and accomplish goals. Uses HMMS and other Government Data Systems in the performance of the requirements in C-5.
B. Warehouse Specialist (SCA): Receives, issues, and processes hazardous material. As directed, performs a variety of warehousing duties, which require an understanding of the establishment’s hazardous material storage plan. Work involves most of the following: verifying materials (or merchandise) against receiving documents, noting and reporting discrepancies and obvious damages; routing materials to prescribed hazardous storage methods; rearranging and taking inventory of stored materials; examining stored materials and reporting deterioration and damage; removing material from storage and preparing it for delivery or shipment to include hazardous material certification. May operate hand or power trucks in performing warehousing duties. May load and offload transportation devices. May require successful completion of OSHA compliance training and Hazardous Materials Preparer Certification IAW Defense Transportation Regulation (DTR) Part II, Cargo Movement, Chapter 204-7, Training, DLAI 4145.3 Preparing Hazardous Material for Military Air Shipment, and DLAD 5025.30, DLA One Book, Hazardous Material (HM) Training for Packaging and Transportation Personnel Process Guidance prior to the beginning of full performance. Uses HMMS and other Government Data Systems in the performance of the requirements in C-5.
C. Stock Clerk (SCA): Receives, stores, and issues equipment, materials, supplies, merchandise, foodstuffs, or tools, and compiles stock records of items in stockroom, warehouse or storage yard. This worker sorts, or weighs incoming articles to verify receipt of items on requisition or invoice, examines stock to verify conformance to specifications, stores articles in bins, on floor or on shelves, according to identifying information, such as style, size or type of material, fills orders or issues supplies from stock, prepares periodic, special or perpetual inventory of stock, and requisitions articles to fill incoming orders. This worker also compiles reports on use of stock handling equipment, adjustments of inventory counts and stock records, spoilage of or damage to stock, location changes, and refusal of shipments, may mark identifying codes, figures, or letters on articles, may distribute stock among production workers, keeping records of material issued, may make adjustments or repairs to articles carried in stock, and may cut stock to site to fill order. Uses HMMS and other Government Data Systems in the performance of the requirements in C-5.
D. Material Coordinator (SCA): Coordinates and expedites flow of material, parts, and assemblies within or between departments IAW production and shipping schedules or department supervisors’ priorities. Reviews production schedules and confers with department supervisors to determine material required or overdue and to locate material. Requisitions material and establishes delivery sequences to departments according to job order priorities and anticipated availability of material. Arranges for in-plant transfer of materials to meet production schedules. Arranges with department supervisors for repair and assembly of material and its transportation to various departments. Examines material delivered to production departments to verify if type specified. May compute amount of material needed for specific job orders, applying knowledge of product and manufacturing processes and using adding machine. May compile report of quantity and type of material on hand. May move or transport material from one department to another, using hand truck or industrial truck. May compile perpetual production records in order to locate material in process of production, using manual or computerized system. May maintain employee records.
E. Quality Control Specialist: Manages quality program planning, quality program evaluation, identifying and resolving quality issues, and technical advisory services such as evaluating systems, analyzing data, establishing quality control procedures. Performs quality control surveillances of processes, procedures, and conformance to contract requirements.
1.5 SECURITY
A. The Contractor or any representative of the Contractor entering DoD locations to perform contract requirements shall abide by all security regulations and may be subject to security checks. Contractor personnel and property shall be subject to search and seizure upon entering, while on, and upon leaving the DoD locations pursuant to installation regulations.
B. Contractor personnel shall conduct themselves IAW acceptable business decorum at all times. The Contractor shall remove any individual from the site whose continued presence or employment on this contract is deemed by the KO or designee to be contrary to the public interest, deemed to adversely affect health, morale, welfare, or good order and discipline on the installation, or inconsistent with the best interests of national security. IAW USC Title 18, Crimes and Criminal Procedure, Part I, Crimes, Chapter 67, Military and Navy, Section 1382, the Installation Commander has the authority to bar individuals from the host installation.
C. In the event of a strike by Contractor personnel, the Contractor shall be responsible for the cost of any increased security as determined necessary by the Installation Commander.
D. The Contractor and its personnel shall comply with the following security-related regulatory guidance:
· DLA 6304, Information Security Program
· DLA Information Security Handbook
· DLAI 6305, Operations Security Guidebook
· DLAI 4306, Physical Security Guidebook
· DLA Security Manual
· DoD 5200.1-R, Information Security Program (Volumes 1-4)
· DoD 5200.2-R, Personnel Security Program
· DoD 5200.8-R, Physical Security Program
· DoD 5205.02-M, DoD Operational Security (OPSEC) Program Manual
· DoD 5220.22-M, National Industrial Security Program Operating Manual (NISPOM)
· DoD 5220.22-R, Industrial Security Regulation
· DoD 2000.12, DoD Antiterrorism Program
· DoD 2000.16, DoD Antiterrorism Standards
· DoD O-2000.12-H, DoD Antiterrorism Handbook
· DoDI 5240.6, Counterintelligence (CI) Awareness and Briefing Program
E. The Contractor shall report any security violations to the KO or designee within one (1) hour of discovery.
1.5.1 FACILITY SECURITY
A. The Contractor shall control access by locking or unlocking the areas or facilities provided for the Contractor’s use in the performance of the contract requirements. The Contractor shall lock all doors, and other areas for reasons of internal security before leaving an area unattended and prior to the conclusion of any working day. The Contractor shall lock all external and personnel doors when not in use.
1.5.2 REPORTING OF CRIMINAL VIOLATIONS
A. The Contractor shall report to the KO or designee any suspected, alleged, or actual criminal incidents IAW DLAI 5105, Reporting of Criminal Incidents.
1.5.3 PERSONNEL CLEARANCE
A. All Contractor personnel requiring physical access to an installation or a Government IT systems shall require a personnel clearance (i.e., NACI/NACLC). The Government requires Personnel Security Investigations (PSI) to establish that applicants or incumbents either employed by the Government or working for the Government under contract are suitable for the job and are eligible for a public trust or sensitive position. All Contractor employees shall have a favorable PSI established by the Government prior to beginning work on the contract. No Contractor employee shall begin work on an installation before the Government’s PSI has been completed and confirmed or a waiver is issued. Upon favorable review, Contractor personnel may be granted temporary Automated Information Systems (AIS) access pending final adjudication of the PSI. (See DLAD 52.204-9000 Contractor Personnel Security Requirements (July 2015)).
B. Not later than five (5) calendar days after contract award, the Contractor shall provide the KO or designee a roster of all personnel requiring access to restricted or controlled access areas. The roster shall include each employee’s full name, branch or section (if applicable), and security clearance (level of clearance and last investigation date, if applicable). The Contractor shall make all modifications to the rosters and provide an update to the KO or designee within 12 hours for employees whose employment has been terminated and for employees who no longer require access to restricted or controlled access areas.
1.5.4 KEY AND LOCK CONTROL OF CONTRACTOR OPERATED FACILITIES
A. The Contractor shall establish and maintain a Key and Lock Control Program IAW the DLA Physical Security Program. The Contractor shall safeguard keys furnished to the Contractor by the Government.
B. The Contractor shall perform key inventories. The first inventory shall be completed on the first day after contract award. The Contractor shall perform an inventory within one (1) working day after the exercising of any contract options.
C. The Contractor shall not duplicate keys or allow their use by unauthorized Contractor or Government personnel. The Contractor shall report any deviation from these rules or lost keys to the KO or designee within one working day after discovery of occurrence and submit a detailed written report by close of business (COB) the same working day. The Contractor shall reimburse the Government for all costs associated with replacing locks or re-keying required as a result of keys being duplicated or lost by the Contractor.
1.5.5 DOD COMMON ACCESS CARD (CAC)/FRC ACCESS BADGE (ID BADGE)
A. Every Contractor employee requiring physical access to an installation or access to Government Data Systems shall obtain and possess a DoD Common Access Card (CAC) and an FRC Access Badge, if applicable. A DoD CAC is issued when:
1. The applicant requires both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely.
2. Access to a DoD network requires the use of a computer with Government-controlled configuration or use of a DoD-approved remove access procedure IAW the Defense Information Systems Agency Security Technical Implementation Guide.
3. The applicant requires physical access to multiple DoD facilities or multiple non-DoD federally-controlled facilities on behalf of DoD on a recurring basis for a period of six months or more. The frequency of “recurring basis” shall be at least two times per week or eight times per month.
4. The applicant is performing contract requirements where performance will occur at a Service or other Federal facility where a CAC is the only acceptable form of identification for installation entry control or physical access to facilities or buildings.
B. If the employment of a Contractor employee does not meet any of these criteria, the Contractor shall obtain a local installation credential (i.e., Rapid Gate).
C. Upon favorable review and initiation of the PSI to establish the suitability of an employee for the job and the approval for temporary AIS access pending final adjudication of the PSI, the Contractor shall submit to the KO or designee a request for the DoD CAC (see paragraph C-1.5.4, Personnel Clearance) and FRC Access Badge.
D. The Contractor shall safeguard CAC and FRC Access Badges furnished to them. Contractor employees shall not share CAC and FRC Access Badges. Each Contractor employee shall wear the CAC and ID Badge conspicuously on his or her outer clothing above the waist at all times while working on the installation. Personnel may be challenged and removed from the work area or denied access to the host installation and FRC if the CAC/ID Badge is not worn.
E. In the event that a Contractor employee damages or loses his or her CAC and FRC Access Badge, the Contractor shall report the lost or damaged CAC and FRC Access Badge within two (2) working hours of damage or loss to the KO or designee who will arrange for a replacement CAC or FRC Access Badge.
F. The Contractor shall return all CACs and FRC Access Badges to the KO or designee either within 12 hours of the completion of the contract or upon termination of an individual’s employment, whichever comes first. Contractor personnel failing to return their CAC and/or FRC Access Badge are subject to criminal charges under United States Code (USC) Title 18, Chapter 1, Section 499 and 701.
1.5.6 VEHICLE REGISTRATION
A. The Contractor shall register all Contractor-provided vehicles used in performance of the contract requirements and ensure that Contractor employee vehicles to be driven on the host installation, to include motorcycles, are registered with the host installation security office and are in conformance with local regulations in effect at the time of registration and as long as employed by the Contractor. The Government will not permit access to the host installation without proper vehicle identification and registration. Evidence of a valid driver’s license, vehicle registration card, and insurance are required for registration. Contractor employees shall maintain current registration and proof of insurance on all privately-owned vehicles (POV) brought on host installation. The Contractor shall maintain current registration and proof of insurance on all Contractor-owned vehicles brought on the host installation.
B. The Contractor shall immediately report to Base Security any traffic accident involving Contractor personnel that occur on base whether in the performance of the contract or commuting in their POVs. The Contractor shall also provide the KO or designee with a copy of all off base traffic accident or incidents reports involving Contractor personnel in the performance of this contract. The Contractor shall pay all fines, fees, and other costs associated with traffic violations, accidents, or incidents that are the Contractor’s fault and occur while performing work under this contract.
1.5.7 PRIVATELY OWNED VEHICLE (POV) PARKING
A. Parking for Contractor personnel POVs may be available in authorized areas on a first-come, first- served, space-available basis. The Contractor and its employees shall abide by host installation parking regulations. All vehicles shall be parked in designated parking areas only. POVs shall not be parked inside storage areas or industrial traffic areas. The Contractor and its employees shall conform to Federal, State and host installation driving regulations. The Government reserves the right to change parking arrangements at any time.
1.5.8 INFORMATION SYSTEM SECURITY
A. Upon favorable review and initiation of the PSI to establish the suitability of an employee for the job and the approval for temporary AIS access pending final adjudication, but not less than fourteen (14) working days prior to the employee’s start date, the Contractor shall request Information Technology (IT) eligibility for an employee requiring access and passwords to the government-furnished data systems. All positions involving computer activities require an IT II Secret Eligibility. (IT eligibility categories are defined in TE 2.1 Definitions and Acronyms). The Contractor shall submit a Contractor Security Request (CSR) and a DD Form 2875 for temporary IT eligibility, with final IT eligibility contingent upon receiving a favorably adjudicated NACLC (see paragraph C-1.5.4, Personnel Clearance). If the Contractor requires a waiver for IT II Secret eligibility, the Contractor shall submit justification for the eligibility to the KO or designee. The Government will notify the Contractor if and when a waiver is approved.
B. All Contractor personnel provided with access to government computers and systems shall observe local AIS security policies and procedures as provided by the KO or designee. The Contractor shall notify the KO or designee within 12 hours when, for reasons of personnel resignation, reassignment, termination, or completion of portions of the contract, Contractor personnel no longer require access to government systems.
C. The Contractor shall observe all copyright agreements. In the interest of protecting government systems from computer viruses, the Contractor shall not use public domain software nor shall Contractor personnel download software from public bulletin boards or Internet websites. The Contractor shall use only commercial off-the-shelf (COTS), Contractor-developed, or government- furnished software in performance of the contract requirements. Should the introduction of a computer virus or malicious destruction of computer software, stored information, or hardware result from the use of public domain software or from software taken from a public bulletin board or Internet website, the Contractor shall be required to repair the damage and incur all costs at no expense to the Government and without impact on delivery schedules.
1.5.9 CONTACT OF A SUSPICIOUS NATURE
A. Contractor personnel who have been contacted under suspicious circumstances shall report that contact immediately, either verbally or in writing, to their supervisor who shall report it within two hours to the KO or designee for action. Key contacts for reporting purposes are defined as:
1. Contact with an individual (regardless of nationality) that suggests to the Contractor employee that an intelligence gathering or terrorist organization may have targeted him or her for possible intelligence exploitation.
2. A request by anyone (regardless of nationality) for illegal or unauthorized access to classified or unclassified sensitive information.
3. Contact with a known or suspected intelligence officer from any country.
4. Contact with a foreign diplomatic establishment, whether in the U.S. or abroad, for personal or official reasons. Certain Contractor personnel in positions designated as “sensitive” by the Government may also be required to inform their chain of command in advance of the nature and reason for contacting a foreign diplomatic establishment or travel to countries on the State Department list whose interests may be adverse to the United States.
B. Additionally, Contractor personnel who have information about activities pertaining to espionage, terrorism, unauthorized technology transfer, sabotage, sedition, subversion, spying, treason, unauthorized release of classified or unclassified controlled information, or unauthorized intrusions into automated information systems shall report that information immediately to the KO or designee for action.
1.5.10 SAFEGUARDING INFORMATION
A. The Contractor shall not allow access or disclosure of classified information or information regarding the operations to any government agency, non-government agency, or individual unless specifically authorized by the KO or designee. The Contractor shall provide documents and files requested by such parties to the KO or designee within one (1) hour of receipt of the authorized request. All files are the property of the Government and the Contractor shall turn all files over to the KO or designee at the completion or termination of this contract.
B. The Contractor may be required to access data and information that is proprietary to a government agency or contractor or that is of such nature that its dissemination and use other than as specified in this contract would be adverse to the interests of the Government or others. The Contractor and its personnel shall not divulge or release data or information developed or obtained under performance of this contract except to government personnel who are authorized to receive the information or upon written approval of the KO or designee. The Contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend other than as specified in this contract.
C. Disclosure of information regarding operations and services of the operations to persons not entitled to receive it, or failure to safeguard any classified information that may come into the Contractor’s control in connection with work under this contract, may subject the Contractor, its agent, or its employees to criminal liability under USC Title 18, Crimes and Criminal Procedure, Part I, Crimes, Chapter 37, Espionage and Censorship, Sections 793, Gathering, Transmitting or Losing Defense Information, and Section 798, Disclosure of Classified Information. Neither the Contractor nor its employees shall disclose or cause to be disseminated any information concerning the operations of the activity which could result in, or increase the likelihood of, the possibility of a breach of security or interrupt the continuity of the operation.
1.5.11 POTENTIAL OPERATIONAL CONSTRAINTS
A. Force Protection Conditions (FPCONs) may affect access to the host installations and the Contractor’s operations. The FPCON is established by the host installation or higher national command authorities, and the Installation Commander is responsible for implementing the proper response to progressive levels of terrorist threats. FPCONs are normally displayed at most entrance gates, building entrances and office entrances. The Contractor shall adhere to and operate IAW any restrictions imposed as a result of a FPCON. Measures implemented under the various levels of terrorist threat may impact the Contractor’s normal operational approach to distribution services. The Contractor shall ensure that distribution services are sustained during heightened security measures.
1.6 ENVIRONMENTAL, SAFETY, AND OCCUPATIONAL HEALTH (ESOH)
A. The Contractor shall update and submit, within 5 working days after contract award, a written ESOH plan for acceptance by the Government. The Contractor’s written plan shall address the Contractor’s approach to complying with ISO 14001:2004 and OSHA’s 18001:2007. The written plan shall include the details of the Contractor’s responsibilities, method of program implementation and how hazards and deficiencies are identified and corrected, procedures for identifying, tracking, and correcting hazards in the Contractor’s assigned work area and any hazards created during the work are abated prior to the Contractor’s final departure from the activity. The Contractor shall provide the results of worksite analysis inspections for hazards and deficiencies to the KO or designee monthly. The Contractor’s plan shall detail employee’s responsibilities for: protection of Government property and safety of others, employee’s responsibilities for reporting all mishaps, and establish procedures for reporting to correcting unsafe conditions, hazards, or practices. The Contractor shall designate an on-site ESOH POC. The Contractor’s POC shall be identified in writing to the KO or designee. The Contractor’s POC shall be available to assist the KO or designee with any safety surveillances conducted by the local safety office.
B. The Contractor shall provide employees ESOH training commensurate with the type of work being performed on the contract. The Contractor shall provide all complete and current work permits and plans to the KO or designee as applicable to the contract. The Contractor shall provide a Safety Data Sheet (SDS) to the KO or designee for any chemicals brought on site to perform the requirements in the contract and shall provide the SDS to the KO or designee prior to bringing the chemicals to the worksite.
C. The Contractor shall notify the KO or designee within one (1) business day after the occurrence of any accidents and incidents resulting in either personal injury, loss of life, impact to the environment or property damage to a government facility or equipment. The Contractor shall submit a completed copy of DLA Form 1591 and supplemental information within four (4) working days of the accident or incidents. When Contractor employees work at least 1,000 man hours at the activity in any one calendar quarter, the Contractor shall complete OSHA Form 300A and provide to the KO or designee NLT 10 days after the end of the quarter (completed within current year to date).
A. The Contractor shall provide and require all personnel working where environmental or chemical irritants are encountered and capable of causing injury or impairment in the function of any part of the body through absorption, inhalation, or physical contact to wear all required personal protection equipment (PPE) for eyes, face, head, and extremities (e.g., hearing protection, eye protection, gloves, safety boots, safety shoes, aprons, masks, face shields, reflective vests, safety harnesses) during the performance of this contract IAW OSHA standards.
B. The Contractor shall comply with all Federal, State, and local environmental, safety, and health laws and regulations.
1.6.1 ENVIRONMENTAL PROGRAMS
A. The Government will serve as the single POC with all environmental regulatory agencies, including interpreting regulations, coordinating inspections, and submitting reports and correspondence.
B. The Contractor shall update the written Hazardous Communication Standard (HAZCOM), to include Spill and Accidental Release policies and procedures to protect the health and safety of Contractor employees and the community and minimize and/or eliminate the risk of environmental pollution and submit to the KO or designee NLT five (5) working days after contract award. These written policies and procedures are subject to compliance review by the KO or designee (e.g., FRC and Installation Environmental Office) prior to implementation.
C. The Contractor shall generate reports using HMMS that identify chemical locations, authorized HM users, AUL by work center, and any item with potential ESOH impact and submit to the Government as required.
D. In support of Environmental Programs, the Contractor shall:
1. Participate in environmental programs, internal or external audits, inspections, and regulatory assessments as required by the Government.
2. Coordinate all environmental compliance issues including contacts with environmental regulatory agencies, inspections, reports, and correspondence with the Government.
3. Comply with all DLA, FRC, and host installation environmental regulations such as the Hazardous Materials Plans, Hazardous Waste (HW) Management Plans and Federal, State, and local provisions, acts (e.g., Emergency Planning and Community Right-to-Know Act (EPCRA), Clean Air Act, Clean Water Act), laws, regulations, EOs, directives, and license requirements pertaining to procuring, issuing, handling, using, storing, recycling, disposal, and transporting HM and HW.
4. The Contractor shall post in a central area within the workplace all DLA and FRC ESOH policy letters.
1.6.2 HAZARD REPORTING PROGRAM
A. The Contractor shall establish a Hazard Reporting Program as a component of the overall ESOH Program (see paragraph C-1.6, ESOH) for employees to report hazards IAW DLAI 6055.1, Occupational Health and Safety Instruction, paragraph (E)(10)(c). The Contractor shall provide its employees with the procedures to report hazards including the following:
1. Identification of personnel to who suspected hazards may be reported and when personnel should do so.
2. Oral vs. written reports.
3. Protection against reprisals for people filing reports.
B. The Contractor shall encourage employees to make oral reports to supervisors as the most prompt and effective method of identification, especially for imminent hazards. The Contractor shall use DLA Form 1404 or Contractor equivalent, when reporting hazards in writing. The Contractor shall have forms readily available (either via hard copy or electronically) at workplaces for employees to use.
C. The Contractor shall investigate hazard reports as soon as possible and shall notify the KO or designee within one (1) hour for imminent danger situations or potentially serious situations and three (3) working days for all other hazardous conditions.
1.6.3 ENVIRONMENTAL PERMITS AND COORDINATION
A. The Government will retain responsibility for all environmental permits. Any action initiated by the Contractor that impacts the Government’s environmental permitting or has the potential to affect ESOH shall be subject to review by the Installation Environmental Office.
B. The Government is responsible for all costs associated with penalties resulting from environmental degradation incurred prior to the time the Contractor assumes full performance. For any penalties or fines resulting from activities after the Contractor assumes performance, payment, as directed by the applicable agency, will be the responsibility of the Contractor, based on fault that includes but is not limited to negligence or willful misconduct. The Contractor shall hold the United States, the DoD, and its employees and agents harmless for any fines brought against these parties as a result of the Contractor contract breach, negligence, or misconduct.
C. The Contractor shall monitor and document actions that may be applicable to or affect any Government environmental permitting requirements and coordinate all environmental compliance issues including contacts with environmental regulatory agencies, inspections, reports, and correspondence with the KO or designee.
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