Draft PWS Asbestos.docx

PERFORMANCE WORK STATEMENT

ASBESTOS ABATEMENT

Services shall be provided for the abatement of Asbestos Containing Material (ACM) consisting of floor tile and mastic Bldg 11 in the Health Clinic. The project will be a total approximate area of 60 sq. ft.

1. PERFORMACE WORK STATEMENT: The work described herein pertains to the abatement of ACM floor tile and mastic.in Bldg 11 at Tobyhanna Army Depot (TYAD). All work shall be performed in accordance with Unified Facilities Guide Specifications (UFGS) 02 83 14.00 10, Asbestos Hazard Control Activities, and all federal, state and local regulations.

a. Abatement: Asbestos abatement shall be performed in accordance with 29 Code of Federal Regulations (CFR) 1926.58, 40 CFR 61, Subparts A and M, UFGS 02 83 14.00 10 and all other federal, state and local asbestos control regulations, including notification, air monitoring and waste disposal procedures. Any asbestos work done under contract that is not adequately performed by the contractor or presents a threat to the health and welfare of employees shall be cause for immediate stoppage of work. The contractor shall be given the opportunity to correct any cited deficiencies, however, continued lack of compliance with specification requirements by the contractor may be cause for default as determined by the Contracting Officer. The contractor is responsible for any damage to TYAD property occurring as a result of their work.

b. Work Plan: Except in an emergency, the detailed plan of the work procedures to be used during ACM removal will be provided to the Contracting Officer’s Representative (COR) for approval a minimum of 11 days prior to the commencement of work. The work plan shall meet the specifications of attached UFGS 02 83 14.00 10 and all applicable federal, state and local regulations. Approval will be at the discretion of the COR. If there is an emergency, abatement will occur as soon as possible.

c. Notification: Except in an emergency, the state notification will be provided to the COR for approval a minimum of 11 days prior to the commencement of work. If there is an emergency, the COR will immediately notify the state, followed by the contractor submitting notification to the state. Use procedures contained in 40 CFR 61, Subpart M regardless of amount of ACM removed. The Commonwealth of Pennsylvania Asbestos Abatement and Demolition/Renovation Notification, Form 2700-FM-AQ0021, shall be used. A minimum of 10 days prior to commencement of work, the contractor will ensure that the notification is received via certified mail by the Pennsylvania Department of Environmental Protection and the Environmental Protection Agency (EPA), Region III; and the Pennsylvania Department of Labor and Industry, Bureau of Air Quality Control; as required by National Emission Standards for Hazardous Air Pollutants for ACM.

d. Disposal: All asbestos waste material shall be properly contained, labeled, transported and disposed of in accordance with applicable regulations. All asbestos waste shall be transported to a sanitary landfill approved by the EPA for asbestos disposal. Transport shall be performed by a waste hauler possessing a valid asbestos waste hauler permit. Within 30 days of transportation, and before payment for services will be authorized, a copy of the waste manifest shall be provided to the COR.

e. Training: All personnel performing asbestos abatement activities shall be adequately trained per the specifications set forth in the attached Section 13280 (see 2.7) and all other applicable regulations.

f. The Certified Industrial Hygienist (CIH) shall meet the specifications of UFGS 02 83 14.00 10 and all other applicable regulations.

g. Air Monitoring and Analysis: Air monitoring and analysis shall meet the specifications of UFGS 02 83 14.00 10 and all other applicable regulations. The CIH shall immediately notify the COR of any results in excess of the acceptable limits.

h. Special Requirements and Conditions: None

2. RESPONSE/REPORTING PROCEDURES:

a. The contractor shall prepare bids for ACM abatement as a firm fixed price.

b. The contractor shall be required to accept both oral and written orders. The contractor shall be responsible for timely abatement service and reporting of air monitoring analytical results, as specified in the approved work plan and notification.

c. Abatement shall typically occur during second shift, on weekends or over holidays, but may be required at any time on any day of the week.

d. The following submittals shall be furnished to the Contracting Officer and the COR upon award of contract:

(1) Copies of current asbestos worker, contractor and/or supervisor licenses for all employees who will perform work under this contract.

(2) Verification of medical surveillance.

e. The following submittals shall be furnished to the COR prior to commencement of each abatement job:

(1) Work Plan (to include any amendments)

(2) Notification (to include any amendments)

(3) Credentials of any CIH who will perform work under this contract.

f. The following submittals shall be furnished to the COR as required by the Work Plan during, or upon completion of, each abatement job:

(1) All air monitoring and analysis results

(2) Waste Manifest

g. All submittals to be furnished to the COR shall be sent to:

3. PAYMENT: All payment requests shall be sent to:

All TYAD contracts and other acquisition-related documents must ensure privacy and security controls follow the information, and that contractors and service providers protect Privacy Act information in the same way the organization adhering to the Federal Acquisition Regulations (FAR) Privacy Act provisions (Subparts 24.1 and 24.2) and include the specified contract clauses (Parts 52.224-1 and 52.224-2), as appropriate, to ensure that personal information is protected as mandated.

In addition to the changes authorized by the clause of this contract; should Force Protection Condition (FPCON) at the installation change, the Government may require changes in contractor security matters and/or processes.

FPCON impact on work levels.

Current FPCON: Bravo

FPCON Charlie: Applies when a hostile incident occurs within the CDR’s area of interest (AOI), or intel is received indicating a hostile act or targeting against DoD elements, PAX, or facilities is likely.

FPCON Delta: Applies when a terrorist attack or hostile act has occurred or is anticipated against specific installations or operating areas.

(Please annotate with an X which option may apply.

If option 1 applies, indicate which contracted services will be affected in the brackets)

1. __X___ During FPCONs Charlie and Delta, abatement services are discontinued. Abatement services will resume when the FPCON level is reduced to level Bravo or lower.

2. _____This contract and its employees are considered mission essential. Therefore, all contractor employees are required to report for duty and remain on duty during declared emergencies and/or elevated FPCON levels unless otherwise directed by the contacting officer via the appropriate COR.

Unscheduled gate closures by the Security Police may occur at any time causing all personnel entering or exiting a closed installation to experience a delay. This cannot be predicted or prevented. Contractors are not compensated for unexpected closures or delays.

Vehicles operated by contractor personnel are subject to search pursuant to applicable regulations. Any moving violation of any applicable motor vehicle regulation may result in the termination of the contractor employee’s installation driving privileges.

The contractor’s employees shall become familiar with and obey the regulations of the installation; including fire, traffic, safety and security regulations while on the installation. Contractor employees should only enter restricted areas when required to do so and only upon prior approval. All contractor employees shall carry proper identification with them at all times. The contractor shall ensure compliance with all regulations and orders of the installation which may affect performance.

(If Required) The contractor shall provide support during contingencies, exercises, heightened operations, and adverse weather or security closures in the accomplishment of performance requirements. From time to time, the Base Commander may decide to close all or part of a base in response to an unforeseen emergency or similar occurrence. Such emergencies include adverse weather such as snow, or ice, "an act of God,” such as tornado or earthquake, or a base disaster such as a gas leak or fire.

Emergency Communications and Services.

If assigned to TYAD for seven-days or longer, contractors will enroll in the ALERT! Mass Warning Notification System (MWNS) at https://alertservices.csd.disa.mil/.

Alert! MWNS is NOT optional - it is a Headquarters Department of the Army (HQDA) requirement to be a registered user.

Due to the life-safety implications of the information being relayed and the requirement to provide immediate alerts and warnings, personnel assigned to TYAD must ensure that their personal contact information, including after-duty hours contact information, as appropriate (e.g., personal cellular phone numbers or landline phone numbers), e-mail addresses, home address, etc., are entered into the system and regularly updated or verified every 90 days to remain current and accurate.

· A Common Access Card (CAC) is required to register for ALERT!

· If a CAC has not been deemed necessary for the contractor (see below paragraph: Common Access Card (CAC), COR will send the following information to usarmy.tyad.tyad.mbx.secops-at@army.mil to manually input personnel data into ALERT!

· Full Name

· Cell Phone

· Is SMS ok for alerts? Yes or No

· Email

· Contractor: For what Cost Center

· Name of COR

· Expected length of contract In the event of a life-threatening emergency or natural disaster, COR will account for assigned contractors. COR will send personnel accountability report to Emergency Operations Center (EOC).

Base closure announcements will be disseminated via ALERT! MWNS.

Antiterrorism (AT) Level I Training. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, and controlled access areas shall complete AT Level I awareness training prior to contract report date. This training is required for any additional or new contractor employees, who start after that period. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR/POC within 10 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: https://jko.jten.mil course# JS-US007 for their training. Completion of contractor employee training will be documented on ELTY form 583, TYAD On-Post Training Record, or contractor equivalent. As applicable, contractor employees must complete annual AT awareness training as it pertains the length of the contract.

iWATCH Army Training. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 60 calendar days after contract award. Contractors and all associated sub-contractors will be briefed by the TYAD Antiterrorism/Force Protection officer. It is recommended this training be conducted as part of an initial entry briefing or unit/organization newcomer’s briefings. Send training requests to usarmy.tyad.tyad.mbx.secops-at@army.mil, completion of contractor employee training will be documented on ELTY form 583, TYAD On-Post Training Record or contractor equivalent.

Access and General Protection/Security Policy and Procedures. Contractor and all associated sub-contractor employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by TYAD Law Enforcement. Contractor workforce must comply with all personal identity verification requirements as directed by DoD, HQDA, and/or local policy.

Contractor and all associated sub-contractor employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by the government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

A background check and approval from Tobyhanna Army Depot (TYAD) Law Enforcement is required for all contractor and subcontractor personnel prior to on-site access at TYAD. All persons seeking entrance to TYAD shall submit to and comply with all security standards and requirements in force at the time such persons are seeking entry. All contractors, regardless of resident status or citizenship, will be subject to vehicle search and intense in-processing by TYAD security personnel prior to being granted access to TYAD. This security screening process may be time consuming, and access may be delayed or denied. The contractor shall ensure ELTY Form 648-C is completed for all contractor and subcontractor personnel requiring depot access to include warranty services. The TYAD point of contact (POC) will provide ELTY Form 648-C, “Request Access to Tobyhanna Army Depot” to the contractor/vendor at least ten days prior to the expected visit date for completion. The contractor/vendor shall return the completed ELTY Form 648-C to the TYAD POC in a timely manner so the same may be submitted to Security for processing no later than seven days prior to the visit. All the required fields on the form shall be complete and accurate by the contractor/vendor for timely processing. This requirement is inclusive of on-site supervisory or managerial personnel and sub-contractor personnel that the contractor anticipates will be performing work or visiting on-site. This security screening does not relieve the contractor of any responsibilities to conduct thorough pre-employment background checks and drug screening. Contractor workers will not be granted access to the work site until security screening is completed and access is approved. Any contractor personnel on-site who fail screening will not be permitted further access to TYAD.

Submit the completed ELTY Forms 648-C form(s) to the COR or POC. Ensure contracts include the provisions that check for the possibility of and prevent undocumented workers for inclusion in contracted work related to Army missions.

The company will ensure that its employees entering Army-controlled installations or facilities have obtained access badges and passes in accordance with facility regulations and that these badges and passes are obtained in advance so as not to delay the accomplishment of contracted services.

Common Access Card (CAC): N/A

Collection of Badges: The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements. The Contractor shall insert the substance of this clause, including this paragraph, in all subcontracts when the subcontractor’s employees are required to have routine physical access to a federally controlled facility and/or routine access to a federally controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in of this section, unless otherwise approved in writing by the Contracting Officer. The company will return all issued U.S. Government Common Access Cards, installation badges, and/or access passes to the COR when the contract is completed or when a contractor employee no longer requires access to the installation or facility. Contractor personnel will obtain a vehicle pass for access to the military installation and Common Access Cards (CAC) for computer access, if applicable.

Security Clearances. [If applicable.] Performance of work will require access to classified information or equipment IAW the DD Form 254, Contract Security Classification Specification, provided as an attachment. Contractor shall comply with FAR 52.204-2, Security Requirements. This clause involves access to information classified “Confidential,” “Secret,” or “Top Secret” and requires contractors to comply with— (1) The Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DoD 5220.22-M); (2) any revisions to DOD 5220.22-M, notice of which has been furnished to the contractor. If subsequent to the date of this contract, the security classification or security requirements under this contract are changed by the Government and if the changes cause an increase or decrease in security costs or otherwise affect any other term or condition of this contract, the contract shall be subject to an equitable adjustment as if the changes were directed under the Changes clause of this contract.

The Contractor agrees to insert terms that conform substantially to the language of this clause but excluding any reference to the Changes clause of this contract, in all subcontracts under this contract that involve access to classified information. Contractor personnel performing IT sensitive duties are subject to investigative and assignment requirements IAW AR 25-2, AR 380-67, DoD 8570.0 and affiliated regulations. Army regulation available at www.apd.army.mil.

Threat Awareness and Reporting Program (TARP). [If applicable.] For all contractors with security clearances, per AR 381-12, TARP contractor employees must receive initial and annual TARP training by a CI Agent or other trainer as specified.

Insider Threat Program. The contractor will establish and maintain an insider threat program to gather, integrate, and report relevant and available information indicative of a potential or actual insider threat, consistent with E.O. 13587 and Presidential Memorandum “National Insider Threat Policy and Minimum Standards for Executive Branch Insider Threat Programs.”

Operations Security (OPSEC). OPSEC shall be considered across the entire spectrum of DoD missions, functions, programs, and activities. OPSEC is applicable to all personnel, missions, and supporting activities on a daily basis. For OPSEC to be effective, all Army personnel (Soldiers, Family members, DA civilians, and contractors) must be aware of OPSEC and understand how it compliments traditional security programs. OPSEC principles and tactics protect not just organizations, but also individuals, their families, and other loved ones.

Personnel who knowingly, willfully, or negligently fail to protect critical information from unauthorized disclosure may be subject to administrative, disciplinary, contractual, or criminal action.

OPSEC awareness and execution is crucial to Army Success. The risk of exposure to critical or classified information is mitigated by providing OPSEC training.

Contracts that Require an OPSEC Standing Operating Procedure/Plan. N/A

Operations Security Training. In accordance with AR 530-1, Operations Security, (4-2-a) OPSEC Level I certification training. The target audience for Level I is all personnel (which includes Soldiers, civilians, and contractors). Level I training is composed of both initial and continual (annual) awareness training.

(1) Initial OPSEC awareness training. All newly assigned personnel within the first 30 days of arrival in the organization (this includes accessions and initial entry programs) must receive initial training. It is recommended this training be conducted as part of an initial entry briefing or unit/organization newcomer’s briefings. This training is provided by TYADs OPSEC officer and can be conducted via distance learning, providing all necessary objectives are met.

Initial training focuses on TYAD-specific critical information and countermeasures. Contractors must contact TYADs OPSEC Officer to schedule OPSEC Level I Initial training. Initial training may not be “read and initial”.

(2) Continuous (annual) OPSEC awareness training. OPSEC awareness training must be continually provided to the workforce, reemphasizing the importance of sound OPSEC practices.

OPSEC Level I Continuous (annual) training is available at the following website: https://securityawareness.usalearning.gov/opsec/index.htm

The contractor shall submit OPSEC Level I Continual (annual) certificates of completion for each affected contractor employee and subcontractor employee, to the COR within 10 calendar days after completion of training. Completion of training will be documented on ELTY 583, TYAD On-Post Training Record or contractor equivalent.

OPSEC Countermeasures. The specific OPSEC countermeasures that follow are intended to eliminate or mitigate vulnerabilities. Complying with established security policies and procedures also supports the overall OPSEC objective. All personnel (Soldiers, civilians, and contractors) at every level are required to protected critical information that could potentially be exploited by adversaries. The following OPSEC countermeasures support the protection of critical information identified in TYADs OPSEC Level I training, TYADs Critical Information List, and they are required to be implemented by everyone in all day-to-day activities.

1. Complete mandatory training, practice OPSEC, and implement TYAD OPSEC countermeasures to protect critical information (CI) and other sensitive unclassified information in the execution of military operations performed or supported by the contractor in support of the mission. Protection of CI will include the adherence to and execution of countermeasures which the contractor initiates or as provided by TYAD, for CI on or related to the SOW/PWS.

2. Contractor personnel shall not discuss government operations in public or over unprotected or unencrypted communications. Official business and controlled unclassified information (CUI) may only be transmitted as directed in the SOW/PWS. CUI must be marked and protected according to DoD and TYAD regulations. Do not take CUI off the installation.

3. Because observation of events, operations, physical changes, etc. may reveal National Security information, specific restrictions are needed to preclude unintentional release of this information to unauthorized parties. (Unauthorized disclosure and transfer of National Security Information is punishable under 18 USC § 793.) Therefore, contractor personnel shall not disclose to unauthorized third parties, post to company websites, unofficial sites, publications, newsletters, or other media (including Social Networking sites) any images, data or information, or observed events that reveal critical/sensitive government information about operations, personnel, equipment, including, but not limited to: tactics, techniques and procedures, production or work schedules, any visible or concealed modifications, upgrades, additions to vessels, aircraft, or weapons or equipment; increases, change, or decreases in work/deployment frequency or government personnel, vehicle, vessel or aircraft movements; specialized equipment orders, deliveries, shipments, etc.,

a. A documented OPSEC reviews will be conducted of all information prior to being released to the public regardless of format. OPSEC Reviews must be completed and documented by an OPSEC Level II certified individual.

b. When in doubt, company press releases related to this contract should be coordinated through the Contracting Officer Representative (COR) or Technical Point of Contact, as applicable.

4. Unauthorized disclosures and attempts to solicit classified or critical information by unauthorized third parties or others not affiliated with this contract shall be reported to the TYADs Security Operations Branch, TYADs Law Enforcement Branch, contract point of contact, and your company Facility Security Officer and/or the Defense Security Service. Non-Disclosure requirements remain in effect during the duration of this contract and indefinitely thereafter.

5. Government issued badges, identification shall be removed and/or concealed from plain sight when off station and shall not be left in vehicles or unprotected. Badges and passes may not be duplicated or copied or loaned to others. Lost or stolen identification badges, vehicle passes etc. will be immediately reported to the installation Security Office.

6. It is strongly recommended the contractor mark and protect related internal production schedules, deliverables, inventories, shortages, and identified vulnerabilities related to production of government material. Internal company markings e.g., Business Sensitive, etc., are appropriate for identifying the aforementioned as sensitive information. Specific Government-provided information, drawings etc., will be protected in accordance with guidance in applicable paragraphs of the SOW.

7. All government information must be properly destroyed at contract termination or returned to the government at the government’s discretion.

Information Security (INFOSEC) Contractor personnel must comply with local security requirements for entry and exit control for personnel and property at the Government leased facility or any Government facility where work is being performed.

Contractor employees will be required to comply with all Government security regulations and requirements. Initial and periodic security training and briefings will be required. Failure to comply with security requirements can cause for removal and the Contractor will not be permitted to provide service on this contract.

The Contractor shall not divulge any information about DoD files, data processing activities or functions, user identifications, passwords, or any other knowledge that may be gained, to anyone who is not authorized to have access to such information. The Contractor shall observe and comply with the security provisions in effect at the Government leased facility or any other Government facilities were work is being performed. Identification shall be worn and displayed as required.

COMSEC/IT Security. All communications with DOD organizations are subject to communications security (COMSEC) review. All telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. DOD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DOD organizations. Therefore, the contractor is advised that any time contractor place or receive a call they are subject to COMSEC procedures. The contractor shall ensure wide and frequent dissemination of the above information to all employees dealing with DOD information. The contractor shall abide by all Government regulations concerning the authorized use of the Government's computer network, including the restriction against using the network to recruit Government personnel or advertise job openings.

Safeguarding Controlled Unclassified Information (CUI) CUI is defined as “information that laws, regulations, or Government-wide policies require to have safeguarding or dissemination controls, excluding classified information.” The contractor (and/or any subcontractor) must comply with Executive Order 13556, Controlled Unclassified Information, (implemented at 32 CFR, part 2002) when handling CUI. 32 CFR 2002.4(aa) as implemented the term “handling” refers to “…any use of CUI, including but not limited to marking, safeguarding, transporting, disseminating, re- using, and disposing of the information.” 81 Fed. Reg. 63323. All sensitive information that has been identified as CUI by a regulation or statute, handled by this solicitation/contract, shall be:

a. Marked appropriately;

b. Disclosed to authorized personnel on a “Need-To-Know” basis;

c. Protected in accordance with NIST SP 800-53, Rev. 4 Security and Privacy controls for Federal Information Systems and Organizations applicable baseline if handled by a Contractor system operated on behalf of the agency, or NIST SP 800-171, Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations if handled by internal Contractor system; and

d. Returned to TYAD control, destroyed when no longer needed, or held until otherwise directed. Destruction of information and/or data shall be accomplished in accordance with NIST SP 800-88, Guidelines for Media Sanitization.

Safeguarding Sensitive Information: For security purposes, information is or may be sensitive because it requires security to protect its confidentiality, integrity, and/or availability. The contractor (and/or any subcontractor) shall protect all government information that is or may be sensitive in accordance with FISMA by securing it with a FIPS 140-2 validated solution.

Confidentiality, Integrity, Availability, and Nondisclosure of Information: Any information provided to the contractor (and/or any subcontractor) by TYAD or collected by the contractor on behalf of TYAD shall be used only for the purpose of carrying out the provisions of this contract and shall not be disclosed or made known in any manner to any persons except as may be necessary in the performance of the contract. The contractor assumes responsibility for protection of the confidentiality, integrity, and availability of Government records and shall ensure that all work performed by its employees and subcontractors shall be under the supervision of the contractor. Each contractor employee or any of its subcontractors at any level to whom any TYAD records may be made available or disclosed shall be notified in writing by the contractor that information disclosed to such employee or subcontractor can be used only for that purpose and to the extent authorized herein. The confidentiality, integrity, and availability of such information shall be protected in accordance with TYAD policies and instructions. Unauthorized disclosure of information will be subject to the TYAD sanction policies and/or governed by the following laws and regulations:

· 18 U.S.C. 641 (Criminal Code: Public Money, Property or Records);

· 18 U.S.C. 1905 (Criminal Code: Disclosure of Confidential Information); and

· 44 U.S.C. Chapter 35, Subchapter I (Paperwork Reduction Act).

· 18 U.S.C. 1030 The Computer Fraud and Abuse Act (CFAA)

· 44 U.S.C. 3301 Definition of Records Government Access for Security Assessment: In addition to the Inspection Clause in the contract, the contractor (and/or any subcontractor) shall afford the Government access to the contractor’s facilities, installations, operations, documentation, information systems, and personnel used in performance of this contract to the extent required to carry out a program of security assessment (to include vulnerability testing), investigation, and audit to safeguard Security and Privacy Requirements for Information Technology Procurements against threats and hazards to the confidentiality, integrity, and availability of federal data or to the protection of information systems operated on behalf of TYAD, including but are not limited to:

a. At any tier handling or accessing information, consent to and allow the Government, or an independent third party working at the Government’s direction, without notice at any time during a weekday during regular business hours contractor local time, to access contractor and subcontractor installations, facilities, infrastructure, data centers, equipment (including but not limited to all servers, computing devices, and portable media), operations, documentation (whether in electronic, paper, or other forms), databases, and personnel which are used in performance of the contract. The purpose of the access is to facilitate performance inspections and reviews, security and compliance audits, and law enforcement investigations. For security audits, the audit may include but not be limited to such items as buffer overflows, open ports, unnecessary services, lack of user input filtering, cross site scripting vulnerabilities, Structured Query Language (SQL) injection vulnerabilities, and any other known vulnerabilities.

b. At any tier handling or accessing protected information, fully cooperate with all audits, inspections, investigations, forensic analysis, or other reviews or requirements needed to carry out requirements presented in applicable law or policy. Beyond providing access, full cooperation also includes, but is not limited to, disclosure to investigators of information sufficient to identify the nature and extent of any criminal or fraudulent activity and the individuals responsible for that activity. It includes timely and complete production of requested data, metadata, information, and records relevant to any inspection, audit, investigation, or review, and making employees of the contractor available for interview by inspectors, auditors, and investigators upon request. Full cooperation also includes allowing the Government to make reproductions or copies of information and equipment, including, if necessary, collecting a machine or system image capture.

c. Cooperate with inspections, audits, investigations, and reviews.

National Defense Authorization Act Section 889 Compliance: DoD, GSA, and NASA have issued an interim rule amending the Federal Acquisition Regulation (FAR) to implement section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Pub. L. 115-232). Section 889(a)(1)(B) prohibits executive agencies from entering into, extending, or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, on or after August 13, 2020, unless an exception applies, or a waiver is granted. See solicitation provision 52.204-24 and clause 52.204-25.

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

Key Control. [If applicable.] The Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the KO.

In the event keys, other than master keys, are lost and/or duplicated, the Contractor shall, upon direction of the KO, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the locks or locks shall be deducted from the monthly payment due to the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaces by the Government and the total cost deducted from the monthly payment due to the Contractor.

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

Lock Combination. N/A

Standard Specifications for Projects Under the National Environmental Policy Act in Accordance with 32 CFR 651 Proponent ELTY-ISR-E

***Spill Response Procedures 1-2-3***

1. Stop work

2. Call 911

3. Evacuate Area

*********Damaged Asbestos?********* Call Environmental Branch (EB) at 615-7098

*******Environmental Questions?****** Call EB 615-7098

1. Air Pollution Control The contractor must control fugitive emissions, including dust, during the course of their contract. The contractor must obtain approval from the Environmental Branch (EB) prior to exhausting equipment to the outside. The contractor must not allow any pollutant or particulate matter to be released to the atmosphere at levels that are visible from outside of Tobyhanna Army Depot (TYAD). The contractor must not perform work that will release pollutants or particulate matter to the atmosphere when the wind speed exceeds ten miles per hour and will result in adverse effects to the surrounding areas. TYAD will monitor the wind speed; it is the contractor’s responsibility to obtain wind speed information through the Contracting Officer Representative (COR).

2. Asbestos The contractor must ensure that all materials used in the performance of this contract are asbestos-free.

Unless specified in the contract, the contractor must not disturb any existing Asbestos-Containing Material (ACM) in the performance of this contract. If ACM, or suspect ACM might be disturbed in performance of this contract, the contractor must avoid encountering the material and immediately notify the COR and the Contract Administrator in writing. The COR must coordinate with EB to have the material tested to determine if there is ACM. If the material is determined to be ACM and the contractor cannot avoid disturbing the material, the COR will notify the Contracting Officer. The Contracting Officer will direct a change pursuant to the contract clauses entitled “Changes” and “Differing Site Conditions.” If ACM, or suspect ACM has been disturbed, the contractor must immediately notify the COR and call the EB. The contractor will shut down and not move any equipment or supplies near the damaged ACM. The contractor will evacuate all non-contaminated contractor personnel from the immediate vicinity. Any contractor personnel thought to be contaminated with asbestos must remain in the area until the EB responds. If the damaged material is determined to be ACM and there is potential for further damage, the Contracting Officer will direct a change pursuant to the clauses of the contract clauses entitled “Changes” and “Differing Site Conditions.”

Asbestos abatement required under the contract as originally awarded must be in accordance with United Facilities Guide Specification 02 83 14 00 10 and as otherwise required in the contract. Asbestos abatement not required under the contract as originally awarded, can be incorporated into the existing contract via contract modification, or by the Government taking responsibility for the asbestos abatement. The method of acquiring the abatement is at the discretion of the Government. The contractor must have an asbestos abatement work plan that has been approved by EB prior to beginning any asbestos abatement work.

3. Backflow The contractor shall have a backflow prevention device installed on all contractor equipment that is connected to Tobyhanna Army Depot’s (TYAD) water distribution system. The contractor shall have a water meter installed to monitor water consumption during all phases of the contract. Water use will be reported monthly to the COR.

4. Burning The contractor must not burn refuse and debris anywhere on TYAD.

5. Buy Recycled-Content Materials The Contractor must comply with Resource Conservation and Recovery Act (RCRA) Section 6002 (42 U.S.C. 6962, Federal Procurement) in the acquisition of materials with recycled content to meet the standards of Executive Order 13834 Efficient Federal Operations, May 17, 2018. Specific designated items in this contract for which recycled content standards have been established have been set forth in the specification (e.g., insulation, roofing materials, carpet, carpet pad, paint, floor tiles, shower and restroom dividers). Recovered Material Certification: As required by the RCRA, the contractor must certify that the percentage of recovered materials to be used in the performance of the contract will be at least the amount required by the applicable contract specifications (see Federal Acquisition Regulation (FAR) Provision 52.223-4, Recovered Material Certification). Prior to application for final payment, the contractor must provide a report in accordance with FAR Clause 52.223-9, Estimate of Percentage of Recovered Material Content for Environmental Protection Agency (EPA) Designated Items, to the Contracting Office. Compliance with this program does not relieve the contractor from meeting all other specification requirements.

6. Cultural Resources The contractor must not adversely affect any property listed on the National Register of Historic Places (NRHP) or properties eligible for inclusion on the NRHP without consultation and approval from the EB through the COR. If there is a discovery of any historic properties, including archeological sites and graveyards, work will cease immediately until requirements of National Historic Preservation Act, as amended, have been met. All archaeological artifacts found at TYAD or TYAD-controlled properties are U. S. Government property until a determination is made otherwise.

7. Demolition Notification If a project involves the demolition of any load-bearing structural members, whether or not asbestos is present, 25 days prior to the demolition, the Commonwealth of Pennsylvania Asbestos Abatement and Demolition/Renovation Notification Form 2700-FM-BAQ0021 must be submitted to EB as specified in the Unified Facilities Guide Specification 02 82 13.00 10. The contractor may obtain a copy of the form from the EB.

8. Drinking Water The contractor must not perform any work on the TYAD potable water system prior to obtaining approval from the EB and the Installation Planning and Maintenance Division certified operator through the COR. If a permit is required due to construction or proposed chemical feed changes, it will be the responsibility of the contractor to obtain all permits associated with the project. Permit applications will first be reviewed and approved by the Environmental Branch before being submitted to regulatory authorities. Any piping or additions added to the TYAD water system must be disinfected following “American Water Works Association circular C651-14 "Disinfecting Water Mains." Construction will be kept outside of drinking water wellhead protection zones when feasible. All new buildings and remodeled buildings will be equipped with a water meter that can easily be read from the exterior of the building.

9. Endangered Species The contractor is responsible for meeting requirements of the Endangered Species Act of 1973. The contractor must not disturb any endangered species, their habitat or offspring during the implementation of this contract.

10. Emergency/Spills All emergencies and spills must be reported to the TYAD Fire Department by calling 911 from a TYAD phone or (570) 615-7300. If a 911 call is placed on a cell phone, the call will go to the Monroe County Emergency Office. Notify the Monroe County Emergency Office that you are at TYAD and the call will be forwarded to TYADs Fire Department. The contractor must ensure all personnel working on site are trained in the proper procedure according to 29 CFR 1910.120 (if applicable) to initiate a spill response to handle the hazardous substances they are working with. The contractor will take the necessary actions to prevent and contain spills of hazardous materials.

11. Energy Efficiency The Energy Policy Act of 2005 section 109 and the Energy Independence and Security Act of 2007 require all new construction at federal facilities to be 30% better than ASHRAE 90.1. Energy Policy Act of 2005 section 104 and the Energy Independence and Security Act of 2007 require all new equipment to be Energy Star qualified when available. This is applicable to heating, ventilation and air conditioning equipment, plumbing, building materials, lighting, commercial food service equipment and appliances.

12. Environmental Automation and Control Systems The contractor will not alter, modify, remove or tamper with any environmental automation or control system unless previous arrangement have been made with EB. This includes sensors, programmable logic controllers, equipment housing, power supplies, meters or other hardware/sensor technology.

13. Erosion and Sedimentation Control The contractor shall protect streams, lakes and wetlands from sediment discharges caused by the contractor's activities. The contractor shall also provide (where applicable) an erosion and sedimentation control plan in compliance with state and local laws and regulations, to the COR for approval prior to executing any soil-disturbing activities. The contractor must submit a National Pollutant Discharge Elimination System Permit to the Pennsylvania Department of Environmental Protection (PADEP) prior to any construction activity that encompasses more than one acre. All permits must be reviewed and approved by the EB prior to being sent to any regulatory authority. The contractor shall not disturb any wetlands. Contractor will remove all silt fencing and other temporary control measures once the site is stabilized. Contractor will remove all spoils from TYAD unless a previously approved disposal site has been established. The contract COR will be responsible for management and control of the spoils disposal site.

14. Fluorescent and Mercury-Bearing Lamps The contractor is to collect, containerize, manage and recycle fluorescent and mercury-bearing lamps in accordance with 40 CFR 273, Standards for Universal Waste Management. A copy of the manifest/Bill of Lading must be given to the EB through the COR five days in advance of shipment by the contractor so that it can be reviewed for accuracy and completeness. The contractor must install low mercury bulbs when available.

15. Hazardous Materials Stored and Labeled The contractor must ensure all hazardous materials (HM) at the work site are properly stored and labeled. The contractor must not leave any HM behind at the completion of the job for any reason. HM must not be stored outside without adequate secondary containment and shelter.

16. Hazardous Waste The contractor must ensure that all hazardous wastes (HW) at the work site are properly stored and labeled in a pre-approved location designated by the EB. The contractor must provide copies of any shipping documents for HW/Universal Waste/Toxic Substances Control Act waste. If the TYAD EPA number is being used for shipping purposes, only EB is authorized to sign a manifest and the manifest (or copy) must be supplied prior to the day of shipment for review. The EB will keep originals. If HW or waste requiring special handling (e.g., asbestos) is being turned over to the government for disposal, the contactor must notify the EB through the COR when the waste is ready to be moved.

17. ISO 14001

TYAD is an ISO 14001 certified facility. All contractor and subcontractor employees on site must comply with TYAD Regulation 200-5, “Environmental Management System (EMS).” The contractor may obtain these regulations through the project COR.

18. Limit of Disturbance The contractor must confine the limit of disturbance of the project to the smallest area possible.

19. Mercury-Bearing Equipment The contractor must not install any equipment, switches, or devices (including thermostats) that contain mercury or lead.

20. Safety Data Sheets (SDSs) The contractor must submit SDSs for all hazardous materials proposed for use, including paints, solvents, adhesives, etc., to the EB through the COR five working days prior to material being brought on post. As of June 1, 2015, all Material Safety Data Sheets (MSDS) must be replaced with new Safety Data Sheets (SDS). EB will no longer be accepting older legacy MSDS sheets and the contractor must submit the current SDS for the hazardous material. The contractor must keep a copy of all SDSs required for the project at the jobsite.

21. Migratory Bird Protection The contractor is responsible for meeting requirements of the Migratory Bird Treaty Act of 1918 (as amended). The contractor must not disturb any migratory bird, their nesting area or offspring during the implementation of this contract.

22. National Pollutant Discharge Elimination System (NPDES) Permits The contractor must not perform any work on existing NPDES structures or treatment units unless previously approved in…