TE-1_PWS__PRS-ENV_SVCS.docx

Performance Work Statement (PWS) Environmental Services at US Army Dugway Proving Ground, UT (DPG)

1 General This is a non-personal services contract to provide Environmental Support Services for the US Army Dugway Proving Ground (DPG) Installation.

1.1 Description of Services / Introduction

The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Environmental Support Services as described this Performance Work Statement (PWS) and associated solicitation documents, except for those items specified as Government Furnished Property, Utilities, and Services in Paragraph 3 of this PWS. The Contractor shall perform to the standards in this contract.

1.2 Background

DPG is a remote site located approximately 90 miles southwest of Salt Lake City, Utah and 40 highway miles over a mountain pass from the nearest town with services (Tooele, Utah). The Installation covers in excess of 800,000 acres, which sometimes requires the Contractor to function outdoors in isolated, high desert environments. Contractors may be required to travel up to 150 miles one-way from Salt Lake City, UT to reach some work sites. All employees are expected to be available during scheduled duty hours. DPG is part of the Installation Management Command (IMCOM), which was formed in October, 2006. As the nation’s designated chemical and biological Major Range and Test Facility Base (MRTFB), DPG provides testing and support for chemical and biological defense and related programs. The Contractor shall operate at DPG a Central Hazardous Waste Storage Facility (CHWSF), provide related CHWSF and additional hazardous / non-regulated waste management functions, and provide regulatory compliance support for DPG Environmental Programs (DEP). These services are required to enable DPG to continue to operate under a Clean Air Act (CAA) Title V Permit #4500003003 (hereafter referred to as the "Title V Permit.") and a State of Utah permitted hazardous waste storage facility in compliance with the currently established State of Utah Part B Permit (current permit, UT 3750211259, hereafter referred to as the "Part B Permit"), and comply with all applicable Federal, State and Army requirements. The Contractor is ultimately responsible for compliance with the above whether the services are performed by them or by a subcontractor. Specific details of the permit can be found at http://www.deq.utah.gov/businesses/D/dugway/DPGPermit.htm.

1.3 Objectives

To obtain the highest quality Environmental Support Services for DPG. The Contractor shall comply with DPG Resource Conservation and Recovery Act (RCRA) Part B Permit, Title V Permit, and all other regulatory requirements addressed herein, including those related references/documents listed in paragraph 7. Should a conflict exist among these, the most stringent shall apply. The Part B Permit is scheduled for renewal no later than (NLT) 1 March 2015. The Title V Permit is scheduled for renewal NLT 1 August 2016. The Approval Order (AO) number DAQE-AN0107060042A-11 is updated as necessary.

1.4 Scope

Services include the following:

a) Hazardous and Non-Regulated Waste Management

b) Pick-up and Transportation of Waste and Materials

c) Sampling Procedures, Laboratory, and Analytical Methods

d) Polychlorinated Biphenyls (PCBs) Management

e) Container Management

f) Management of 90-day Storage Sites and Satellite Accumulation Points (SAPs)

g) Solid Waste and Hazardous Waste Management Unit (SWMU/HWMU)

h) CHWSF and Related Equipment Inspections

i) RCRA Assistance Inspections

j) Dugway Thermal Treatment Facility (DTTF) Inspections

k) Manifest Generation and Management

l) Transportation and Disposal of Waste and Materials Off-Site

m) Formal and Informal Training of Generators

n) Used Oil Management

o) RCRA Technical Management

p) CAA Technical Management

q) Universal Waste Management

1.5 Period of Performance

The period of performance shall be a 30 day phase-in period; an 11-month base period; and four (4), 12-month option periods. The period of performance reads as follows:

Phase-In: One (1) Month after date of award Base Period: 11 Months after end of Phase-in period Option Period 1: 12 Months from the end of the preceding period end date if exercised Option Period 2: 12 Months from the end of the preceding period end date if exercised Option Period 3: 12 Months from the end of the preceding period end date if exercised Option Period 4: 12 Months from the end of the preceding period end date if exercised

1.6 General Information

The following paragraphs provide general information associated with this requirement.

1.6.1 Quality Control (QC)

Quality Control (QC) is the responsibility of the Contractor. The Contractor is responsible for the delivery of quality services/supplies to the Government (see Federal Acquisition Regulations (FAR) 52.246-1, Contractor Inspection Requirements). The Contractor shall establish and maintain an effective QC system in compliance with the solicitation and contract requirements. The Contractor's Quality Control Plan (CQCP) shall consist of plans, procedures, and organization necessary to produce an end product which complies with the contract requirements and covers all aspects of the PWS as it relates to the contract (refer to paragraph 6.1 for deliverable guidance). The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor's QC program is the means by which the Contractor assures itself that its work complies with the requirements of the contract. The Contractor shall implement and maintain a documented QC system that identifies and results in correction of potential and actual problem areas throughout the entire scope of this contract. The Contractor shall maintain records of all Contractor QC checks and corrective actions. These files shall be maintained by the Contractor throughout the term of this contract and shall be made available to the Contracting Officer (KO) or Contracting Officer's Representative (COR) upon request. The Contractor shall retain the QC files for not less than one year after completion or termination of contract. After acceptance of the CQCP, the Contractor shall receive the KO's acceptance in writing of any proposed change to the QC system. The contract supervisor/manager shall be held responsible for the quality of work and is subject to removal by the KO for non-compliance with the quality requirements specified in the contract.

Notification of Changes: The Contractor shall notify the KO and the COR in writing of all proposed changes for review and acceptance NLT 45-working days from the anticipated change. If change is required without allowance for the notification, the Contractor shall notify these individuals no later than 24-hours from the Contractor's knowledge that such change is occurring.

Review/Discussion/Coordination. After the Post-Award Conference, a meeting to discuss the CQCP will be held. The Contractor shall meet with the KO and/or the COR and the contracting office Quality Assurance (QA) personnel to discuss the CQCP. During the meeting a mutual understanding of the system details must be developed, including the forms for recording the CQCP operations, design activities, control activities, testing, administration of the system for both onsite and offsite work, and the interrelationship of the Contractor's management and control with the Government's QA representative(s) and the COR. Meeting minutes shall be prepared by the Contractor and submitted to the COR within 48-hours for review and acceptance (refer to paragraph 6.2 for deliverable guidance). There may be occasions when a subsequent conference will be called by either party to reconfirm mutual understanding and/or address deficiencies in the CQCP system or procedures, which may require corrective action by the contractor. Contractor CQCP personnel shall be available in the event such a meeting is called for by the Government.

The CQCP shall at a minimum, address and include the information as described under paragraph 6.1 to cover all requirements and operations, both onsite and offsite, including work by subcontractors, consultants, suppliers, and others under the Contractor's employ as they relate to the PWS and the contract.

1.6.2 Quality Assurance (QA)

The Government will evaluate the Contractor's performance under this contract. The Government may, at its own discretion, develop a Quality Assurance Surveillance Plan (QASP). This plan is a Government only document primarily focused on what the Government must do to assure that the Contractor has performed in accordance with (IAW) the requirements of the contract. Although the Government may develop a QASP, Government surveillance of Contractor performance is not limited to the QASP or the performance objectives as outlined in the Performance Requirements Summary (PRS) contained within the PWS. The Government has the right to inspect and test all services called for by the contract and commitments made by the Contractor during the solicitation process, to the extent practicable at all places and times during the term of the contract. The Government will perform inspections and tests in a manner that will not unduly delay the work. If any of the services performed do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no additional cost to the Government. When the defects in services cannot be corrected by re-performance, the Government may: (1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and (2) Reduce the cost payable under the contract to reflect the reduced value of the services performed. If the Contractor fails to promptly perform the services again or take the action necessary to ensure future performance in conformity with contract requirements, the Government may: (1) By contract or otherwise, perform the services and reduce the cost payable by an amount that is equitable under the circumstances; or (2) Terminate the contract for default. "Services", as used in this clause, includes services performed, workmanship, and material furnished or used in performing services.

The COR is responsible for technical administration of the contract and overseeing the Contractor's performance, including scheduled and unscheduled observations, Scheduled observations may be scheduled and coordinated with the Contractor's site supervisor and conducted by the COR and/or properly appointed Alternate CORs (ACORs), Technical Points of Contact (TPOCs), or Subject Matter Experts (SMEs). In addition, Quality Assurance Specialists (QASs) and other Government representatives (e.g. appropriate Government audit agencies) may also conduct surveillance observations on occasion. Unscheduled observations may be conducted by the COR and/or other Government representatives as noted above.

Acceptable Performance: The Government will document acceptable performance.

Unacceptable Performance: When unacceptable performance occurs, including on-the-spot correction, the COR will inform the KO and the Contractor and document non-conformance with contract requirements on a Contract Discrepancy Report (CDR) (Department of the Army (DA) 5479, Department of Defense (DoD) 2772 or similar). The COR will submit the CDR to the KO for continuing action as appropriate. Work deemed by the KO not to be in compliance with the PWS / contract, shall be corrected by the Contractor at no additional cost to the Government. The COR may rely upon Customer Complaints to investigate allegations of Contractor non-conformance. The COR may investigate and make a determination as to the validity of the Customer Complaint and document the findings. These findings will be provided to the KO and documented in the COR's contract file. The result of the COR's investigation may result in the issuance of a CDR, in which case, the COR will proceed as noted above. The Government may also avail itself of remedies available under FAR 52.246 and report unacceptable performance in the Contractor Performance Assessment Rating System (CPARS) as applicable.

1.6.3 Federal Government Holidays Observed

Except for work categorized as emergency, the Contractor is not required to provide services on the following Federal holidays listed below. Any of the holidays falling on a Sunday shall be observed on the following Monday. Any of the holidays falling on a Friday or Saturday shall be observed on the preceding Thursday. If any of the above holidays fall on a Sunday, the following Monday will be observed as the holiday; if a holiday falls on a Friday or Saturday, the preceding Thursday is observed as the holiday. If any documentation (deliverables) submittals deadlines fall on a holiday, the observations as noted herein will apply as the deadlines for submittals. The Federal Government will designate all holiday dates.

1.6.4 Hours of Operation

Normal workdays are Monday through Thursday, except Federal holidays as noted. DPG operates on a four (4) day work week, Monday through Thursday from 0650 to 1740 (local prevailing time), except for Federal holidays. The Contractor is responsible for conducting business, between these hours, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the Contractor will not be reimbursed when the Government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential. On occasion, services may be required for support outside the normal duty hours described above. On-call Contractor personnel shall be provided for after-hours support on the weekends and holidays. On-call personnel on holidays and after duty hours shall respond within two (2) hours of notification by the KO or COR. Upon notification by the KO, the Contractor shall provide services to support weekend/holiday training schedule.

1.6.5 Place of Performance

The work to be performed under this contract shall be performed at DPG.

1.6.6 Type of Contract

The Government intends to award a firm-fixed price contract.

1.6.7 Security Requirements

The following paragraphs provide information on security requirements associated with this contract.

1.6.7.1 Physical Security

The Contractor shall safeguard all Government information and property provided for Contractor use. At the close of each work period, Government facilities shall be secured. The Contractor shall ensure that its employees entering Army-controlled installations or facilities have obtained access badges and passes IAW facility regulations and that these badges and passes are obtained in advance so as not to delay the accomplishment of contracted services. The Contractor shall return all issued US Government Common Access Cards (CAC), 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. The Contractor shall demonstrate compliance with all personnel identity verification procedures. If the COR determines that the Contractor is not ensuring all access cards, badges, etc., are being returned as required under this section, the KO may take action against the Contractor to the extent allowed under the FAR and applicable supplements. Actions taken against the Contractor for their failure to comply with this requirement shall not relieve them of their duties associated with this contract. Force Protection Condition (FPCON) impact on work levels: During FPCONs Charlie and Delta, services are discontinued. Services shall resume when the FPCON level is reduced to level Bravo or lower. Procedures for complying with requirements addressed herein shall be included in the CQCP.

1.6.7.2 Key Control

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. 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 CQCP. 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 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 lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due 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. The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. Procedures for complying with requirements herein shall be included in the CQCP.

1.6.7.2.1 Lock Combinations

The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. Procedures for complying with requirements herein shall be included in the CQCP.

1.6.7.3 Anti-Terrorism (AT) and Operations Security (OPSEC)

The following sections provide applicable AT / OPSEC requirements, unless otherwise noted.

1.6.7.3.1 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 Training within 14 days after contract start date. Employees hired after contract start date have 14 days from hire date to complete the training. The Contractor shall submit certificates of completion for each affected Contractor employee and subcontractor employee to the COR within 14 days after completion of training by all employees and subcontractor personnel. AT Level I Training is available at the following website: https://atlevel1.dtic.mil/at. In the near future, AT Level I Training is moving to Joint Knowledge Online (JKO), and can be reached via the following site: https://jkodirect.jten.mil Refer to paragraph 6.3 for deliverable guidance.

1.6.7.3.2 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 Installation Provost Marshall Office (PMO), Director of Emergency Services (DES), and/or Security Office (SO). Contractor workforce must comply with all personal identity verification requirements as directed by Department of Defense (DOD), Headquarters Department of the Army (HQDA), and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON at any individual facility or Installation change, the Government may require changes in Contractor security matters or processes.

1.6.7.3.3 iWatch Training The Contractor and all associated sub-contractors shall brief all employees on the local iWatch program (training standards provided by the requiring activity Anti-terrorism Officer (ATO)). 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 14 days of contract award and within 14 days of new employees commencing performance on this contract. Results shall be reported to the COR NLT 14 days after completion of the training required as stated above. Refer to paragraph 6.4 for deliverable guidance.

1.6.7.3.4 Contractor Employees Who Require Access to Government Information Systems (IS) All Contractor employees with access to a Government information system must be registered in the Army Training Certification Tracking System (ATCTS) ((https://atc.us.army.mil/iastar/index.php)) at the commencement of services, and must successfully complete the DOD Information Assurance Awareness training (https://atc.us.army.mil/iastar/cyber_awareness.php) prior to access to the information systems and then annually thereafter.

1.6.7.3.5 OPSEC Standing Operating Procedure (SOP) / Plan

The Contractor shall develop an OPSEC SOP/Plan within 90 days of contract award, to be reviewed and approved by the responsible Government OPSEC officer, per Army Regulation (AR) 530-1 Operations Security. In addition, the Contractor shall identify an individual who shall be an OPSEC Coordinator. The Contractor shall ensure this individual becomes OPSEC Level II certified per AR 530-1 NLT the end of the Phase-In period. Refer to paragraph 6.5 for deliverable guidance.

1.6.7.3.6 OPSEC Training

Per AR 530-1, new Contractor employees must complete Level I OPSEC training within 30 days of their reporting for duty. All Contractor employees must complete annual OPSEC training. OPSEC Training is available at: https://www.iad.gov/ioss/ The Contractor shall submit certificates of completion for each affected Contractor employee and subcontractor employee to the COR within 14 days after completion of training. Refer to paragraph 6.6 for deliverable guidance.

1.6.7.3.7 Information Assurance (IA) / Information Technology (IT) Training All Contractor employees and associated subcontractor employees must complete the DoD IA Awareness training before issuance of network access and annually thereafter. All Contractor employees working IA/IT functions must comply with DoD and Army training requirements in Department of Defense Directive (DoDD) 8570.01 Information Assurance (IA) Training, Certification, and Workforce Management, DoD 8570.01-M Information Assurance Workforce Improvement Program, and AR 25-2 Information Assurance within six months of employment.

1.6.7.3.8 Information Assurance (IA) / Information Technology (IT) Certification Per DoD 8570.01-M, Defense Federal Acquisition Regulations Supplement (DFARS) 252.239.7001, and AR 25-2, Contractor employees supporting IA/IT functions shall be appropriately certified upon contract award. The baseline certification as stipulated in DoD 8570.01-M must be completed upon contract award.

1.6.7.3.9 Contractor Access to DPG

Access to DPG requires that Contractor employees voluntarily submit personal data (e.g. Name, social security number) when applying for a DPG Identification Card or Temporary Access Pass. This information is routinely used by DPG Law Enforcement and Security personnel to conduct driver's license and criminal history/background checks. Adverse information revealed by such checks (e.g. Outstanding criminal warrants, criminal history indicating a potential risk to DPG Installation security, or similar negative information indicating a potential security and/or law enforcement risk to DPG) may result in denial of access and/or re-entry to DPG. Delays caused by any adverse employee information does not constitute a basis for claim by the Contractor. It is the Contractor's responsibility to assure all personnel scheduled to work on the installation have acceptable background checks completed and on file.

1.6.7.3.10 Personnel Security

Some of the work required by this contract may require access to restricted areas. Occasional delays in obtaining authorization for access to these areas or escort to a work site may be anticipated. The Contractor's personnel requiring unescorted entry to restricted or other sensitive areas designated by the Installation Commander shall comply with AR 25-2 and AR 380-67 Personnel Security Program.

1.6.7.3.11 Security Badge Requirements

The Contractor is responsible for security badges issued to their employees and/or employees of their subcontractors. A designated representative (being an officer or supervisor of the Contractor) shall co-sign for each individual when obtaining the required item(s). Additionally, the Contractor shall provide to the KO a list of employees needing badges under the awarded contract prior to initiation of work. The Contractor shall submit, to the KO with his monthly billing, a "certificate of return for all badges from the cognizant office(s) before approval for payment will be considered. The replacement cost badges are as follows (NOTE: Prices are subject to change.):

Non-Proximity DPG ID Card $2.97 Proximity DPG ID Card $6.91 The above indicated replacement cost for lost items will be deducted from the Contractor's monthly billing (during the month of discovery) for item(s) not returned or lost, or the Contractor will be billed in cases where the replacement cost of lost items exceeds the amount due the Contractor. The Contractor shall be required to have security badges issued to their personnel by DPG Visitor Control Center Bldg 5910. DPG IDs shall be visible at all times while West of Access Control Point 2. The Government will be responsible for the issuance of security badges required by DoD 5220.22-R Industrial Security Regulation.

Additionally, all Contractor employees shall obtain and maintain a Government issued Common Access Card prior to being granted unrestricted access authorization Refer to paragraph 6.7 for deliverable guidance.

1.6.7.3.12 Entry Procedures to Controlled / Restricted Areas

The Contractor shall coordinate with Range Control for access to DPG Range Areas. The Contractors personnel requiring unescorted entry to restricted or other sensitive areas designated by the Installation Commander shall comply with AR 380-67 and AR 25-2.

1.6.7.3.13 Foreign Nationals

All foreign national personnel (including guests) require escorts on DPG. If a sensitive test or visit is scheduled during the dates provided, the COR will inform the Contractor whether the work/visit may take place. The COR will forward the list to the DPG Foreign Disclosure Officer within the Counterintelligence Office for verification. Foreign nationals will not be allowed on DPG until verification process is complete. Once verification has been received, the COR is responsible to provide the Protocol Office the following information for badge preparation:

Name Company Name Point of Contact (POC) The COR is also responsible to pick up the badges and badge holders, issue them to the visitor, and return them at the end of the visit.

Refer to paragraphs 1.6.7.3.11 and 6.7 for issuance, return, and cost associated with badges.

1.6.7.3.14 Reporting Requirements

The Contractor shall immediately report any known or suspected breaks or violations of security to the DPG Security and remain at the scene until authorities arrive. Additional or other conditions or situations are reportable under DoD 5220.22-M National Industrial Security Program Operating Manual Supplement. The Contractor shall comply with AR 381-12 Threat Awareness and Reporting Program (TARP). The Contractor’s personnel shall report to DPG Security, any information or circumstances that they are aware that may pose a threat to the security of US Government, DoD, DoD personnel, Contractor personnel, resources, and classified or unclassified defense information. The Contractor shall brief their employees of reporting requirements upon arrival to the site.

1.6.7.3.15 Drivers

Drivers must be appropriately licensed by the State of Utah or other appropriate jurisdiction to operate vehicles used in the performance of this contract on Federal, State of Utah, and local highway systems. Violations of law off post may result in the employee being barred from driving on the Installation or barred from the Installation. These incidents shall not relieve the Contractor from performing the functions in this contract.

1.6.7.3.16 Additional Security Requirements

IAW DoDM 5200.01 Information Security Program (Volumes 1 through 4), the Contractor shall comply with Army Systems Security Instruction (ASI) requirements such as Communications Security (COMSEC); COMPUSEC for Operational Systems; Security Awareness, Training, and Education (SATE) Program; and Emanations Security (TEMPEST) IAW AR 530-1.

1.6.8 Post Award Conference / Periodic Progress Meetings

The Contractor agrees to attend any post award conference convened by the Contracting Activity or Contract Administration Office IAW FAR Subpart 42.5. The KO, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the KO may apprise the Contractor of how the Government views the Contractor's performance and the Contractor shall apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. There may be occasions when a subsequent conference will be called by either party to reconfirm mutual understanding. These meetings shall be at no additional cost to the Government. Meetings minutes shall be prepared by the Contractor and submitted to the COR within 48-hours for review and acceptance. Refer to paragraph 6.8 for deliverable guidance.

1.6.9 Contracting Officer's Representative (COR)

The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists the KO in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, specifications; monitor Contractor's performance and notifies both the KO and Contractor of any deficiencies; coordinate availability of Government furnished property (if applicable); and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR; especially with regard to prohibiting changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.10 Key Personnel

Certain experienced professional and/or technical personnel are essential for successful accomplishment of the work to be performed under this contract. These "Key Personnel" are identified by name within the Contractor’s proposal and their resumes submitted for evaluation during the source selection process. The Contractor agrees that such personnel shall not be removed or replaced during the performance of this contract unless the following measures are taken:

a) If one or more of the Key Personnel, for any reason, becomes or is expected to become unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the Contractor shall, subject to the concurrence of the KO, promptly replace personnel with personnel who possess equal, or better, qualifications as the original employee.

b) All requests for approval of substitutions hereunder must be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions. The request must contain a resume for the proposed substitute, and any other information requested by the KO or designated COR. The KO must concur in writing with the change. If the KO determines that suitable and timely replacement of Key Personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming or that the resultant reduction of productive effort would be so substantial as to impair successful completion of the contract, the KO may terminate the contract for default or for the convenience of the Government, as appropriate, or make an equitable adjustment to the contract to compensate the Government for any resultant delay, loss or damage. When the Contractor intends to replace any of the Key Personnel specified in the PWS and/or accepted proposal, the Contractor shall make available to the Government, at least 30 days prior to replacement, the resume of the individual to fill the specified position for review and approval. The on-site manager, alternate(s), and personnel interacting with and providing services to the Government and/or other contractors must be able to read, write, speak, and understand the English language.

The following personnel are considered Key Personnel by the Government:

Project / Site Manager (Contract Manager) Alternate Project / Site Manager (Contract Manager) RCRA Specialist (or equivalent) CAA Specialist (or equivalent)

Brief descriptions of some of the principal duties, skills and qualifications, and education and experience required are provided below.

1.6.10.1 Project / Site Manager (Contract Manager)

The Contractor shall provide an on-site Project / Site Manager (Contract Manager) who shall be responsible for the performance of the work. The on-site manager shall be on site during the Phase-In / Phase-Out Period and throughout the term of the contract. The name of this person and an Alternate who shall act for the Contractor when the manager is absent shall be designated in writing to the KO. The Contract Manager or Alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Contract Manager or Alternate shall be available between the hours of 0700 to 1730 (local prevailing time) and within 30 minutes to meet on the Installation with Government personnel to discuss problem areas. After normal duty hours, the Contract Manager or their Alternate shall be available within two (2) hours.

Skills and Qualifications: Be proficient in U.S. Environmental Protection Agency (EPA), Utah Division of Solid and Hazardous Waste (UDSHW), and Army regulations. Be proficient in Microsoft Office applications such as Word, Excel, Access, etc.

Education and Experience: Desired Bachelor of Science (BS) in Environmental Science, Engineering or a related biological / physical science field (five (5) years managing significant and relevant environmental projects can substitute for this requirement). Ten (10) years’ experience managing a Part B- permitted hazardous waste storage facility of similar size and scope. Significant and relevant experience managing environmental compliance and restoration programs, managing hazardous waste, working with chemical warfare agent-related wastes, and working directly with State of Utah regulators.

1.6.10.2 RCRA Specialist (or equivalent)

The Contractor shall provide a RCRA Specialist. The name of this person shall be designated in writing to the KO. The RCRA Specialist shall be available between the hours of 0730 to 1730 (local prevailing time).

Skills and Qualifications: Be proficient in EPA, UDSHW, and Army regulations. Proficiency shall be sufficient to support the DEP efforts to maintain and comply with the Installation's Part B and Title V Permits and other related 40 Code of Federal Regulations (40 CFR) requirements, State of Utah Department of Environmental Quality (DEQ), and EPA regulations. Proficiency includes, but is not limited to preparing and modifying permits required under 40 CFR; proficient in conducting audits, inspections and evaluations; to include identifying corrective actions required, corrective measures, and determining the sufficiency of corrective action plans and corrective measures proposed by the Contractor for resolution of violations and nonconformance.

Education and Experience: BS degree (or equivalent), Certified Hazardous Material Manager (CHMM) or Registered Environmental Manager (REM) and a minimum of five years of demonstrated professional experience in the area of RCRA regulatory enforcement or compliance program work. A minimum of three years professional experience is desired to be directly applicable to the management of chemical warfare agent-related wastes within the State of Utah. A minimum of three (3) years professional experience is desired to be directly applicable RCRA permitting Treatment Storage and Disposal facilities or through the Research, Development and Demonstration (RD&D) process. A minimum of three (3) years professional experience is desired to be directly applicable to technical writing.

1.6.10.3 CAA Specialist (or equivalent)

The Contractor shall provide a CAA Specialist who shall be responsible to provide DEP support in the compliance of all applicable statutes, rules and regulations pertaining to the Installation’s Air Quality Program in compliance with RCRA Part B Permit, Title V Air Permit, and all other applicable regulations. The name of this person shall be designated in writing to the KO. The CAA Specialist shall be available between the hours of 0700 to 1730 (local prevailing time).

Skills and Qualifications: Be proficient in EPA, UDSHW, and Army regulations. Proficiency shall be sufficient to support the DEP efforts to maintain and comply with the Installation's Part B and Title V Permits and other related 40 CFR requirements, DEQ, and EPA. Proficiency includes, but is not limited to preparing and modifying permits required under 40 CFR. Proficiency shall be sufficient to determine the sufficiency of corrective action plans and corrective measures proposed by the Contractor for resolution of violations and nonconformance.

Education and Experience: BS degree (or equivalent) and a minimum of five (5) years of demonstrated environmental compliance experience including specific experience with the CAA and applicable State regulations. A minimum of one (1) year of professional experience is desired to be directly related to compliance with the applicable air quality regulations with the State of Utah. A minimum of one (1) year of professional experience is desired to be directly related to technical writing.

1.6.11 Identification of Contractor Personnel and Work Areas

The Contractor (to include subcontractors) shall provide each employee an Identification (ID) Badge, which includes at a minimum, the Company Name, Employee Name and a color photo of the employee. ID Badges for Key Personnel shall also indicate their job title. ID Badges shall be worn at all times while the employee is performing work under this contract. Each Contractor employee shall wear the identification in a conspicuous place on the front of exterior clothing and above the waist except when safety or health reasons prohibit. The Contractor shall be responsible for collection of ID Badges upon completion of the contract or termination of employee. A listing of issued ID cards shall be furnished to the KO prior to the contract performance date and updated as needed to reflect Contractor personnel changes. All contract personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed. Contractor workspace (staging site, on-site office, desk or work area, etc.) shall contain a sign signifying the space is occupied by Contractor employee(s) to ensure that Federal employees and the public know that they are not Federal employees. Coordinate location with the COR. Contractor employees shall initially identify themselves by name and company affiliation when answering the telephone, presenting briefings, conducting or attending meetings/seminars. All Contractor correspondence (written, facsimile, and email display) shall include their company name.

1.6.11.1 Contractor Personnel Conduct

Contractor personnel's conduct shall not reflect discredit upon the Government. The Contractor's employees shall observe and comply with all local policies and procedures concerning fire, safety, environmental protection, sanitation, security, and possession of firearms or other lethal or illegal weapons or substance. The Contractor is responsible for ensuring that any Contractor employees providing services under this contract conduct themselves and perform services in a professional, safe, and responsible manner. The Contractor shall remove from the job site any employee for reasons of misconduct or security. IAW DoD 5500.07-R the Joint Ethics Regulation, Contractor employees must avoid improper influence in the execution of their duties under the contract. Particular attention should be paid to acceptance of gifts/ gratuities, and on non-disclosure of sensitive or classified information. The Contractor shall ensure employee conduct complies with Title 41 of the United States Code (USC) Section 423 (41 USC 423) relative to release of acquisition related information or actions or discussions which may prejudice future competitions. The Contractor shall ensure no Contractor employees conduct political related activities or events on DPG property. The Government reserves the right to deny (bar from DPG property) an individual access to DPG for reasons of impropriety that relate to laws, professions ethics, or conflict with Army requirements. In these situations, the Contractor must provide an acceptable worker within 30 days after receipt of notification that an individual has been banned from post. Actions taken against the Contractor's employee shall not relieve the Contractor of their duties associated with this contract. The Contractor shall not sell any commodity or service to any individual on DPG or associated with this agreement. The Contractor shall present a neat, well-groomed appearance at all times during the performance of services under the contract. The Contractor shall wear clothing commonly associated and appropriate with the position.

1.6.12 Government / Contractor Relationship (Prohibition of Government Supervision of Contractor Employees) The Government and the Contractor understand and agree that the services to be delivered under this contract by the Contractor to the Government are non-personal services and the parties recognize and agree that no employer-employee or master-servant relationships exist or will exist under the contract between the Government and the Contractor and/or between the Government and the Contractor's employees. It is therefore in the best interest of the Government to afford the parties a full and complete understanding of their respective obligations.

a) Contractor personnel under this contract shall not:

(1) Be placed in a position where they are appointed or employed by a Federal Officer, or are under the supervision, direction, or evaluation of a Federal Officer, Military or Civilian.

(2) Be placed in a staff or policy making position.

(3) Be placed in a position of command, supervision, administration of control over DA Military or Civilian Personnel, or personnel of other contractors, or become a part of the Government organization.

(4) Be used for the purpose of avoiding manpower ceilings or other personnel rules and regulations of DA or the Civil Service Commission.

(5) Be used in administration or supervision of military procurement activities.

b) Employee Relationship:

(1) The services to be performed under this contract do not require the Contractor or his employees to exercise personal judgment and discretion on behalf of the Government, but rather the Contractor's employees shall act and exercise personal judgment and discretion on behalf of the Contractor.

(2) Rules, regulations, directions, and requirements which are issued by command authorities under their responsibility for good order, administration, and security are applicable to all personnel who enter the Installation, or who travel on Government transportation. This stipulation is not to be construed or interpreted to establish any degree of Government control which is inconsistent with a non-personal services contract.

1.6.13 Contractor Travel

Contractor travel is not anticipated during the performance of this contract.

1.6.14 Other Direct Costs

No other direct costs are anticipated.

1.6.15 Data Rights

The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the KO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.6.16 Reserved

1.6.17 Safety

The Contractor shall propose a preliminary Safety and Health Plan for review and acceptance by the Government after contract award and by the end of the Phase-In (PI) Period. The Contractor shall determine the need for development of an Accident Prevention Plan (APP) to accompany the Safety and Health Plan. Development of the APP shall be performed by a qualified person to prepare the written site-specific APP. Prepare the APP IAW the format and requirements of United States Army Corps of Engineers (USACE) EM 385-1-1, United States Army Corps of Engineers Safety and Health Requirements Manual. Plans shall meet the requirements as addressed under paragraph 6.9.

The Contractor shall report serious accidents to the COR within 30 minutes; the DPG Safety Office within 24 hours; and if the accident occurs after hours, the DPG Police Desk shall be notified immediately. These include but are not limited to loss of life, critical injury, hospitalization, property damage in excess of $10,000 or fire causing major damage to structures, equipment or land. The Contractor shall report all job related injuries through the COR and KO to the DPG Safety Officer, using an applicable accident report form as determined by the Contractor.

It is Army policy that Government safety and health responsibilities in Contractor facilities and Contractor operations on Government property are limited to helping ensure the safety of Government-owned equipment, protecting the production base, protecting Government property and on-site Government personnel from accidental losses, and protecting the public.

The Contractor is responsible for the safety and health of its employees, including, but not limited to, subcontractors, and protection of other personnel, including the public, at Contractor facilities and worksites. The Contractor is directly responsible to Federal or State regulators for the safety and health of its employees as required under Federal, State, County, or local laws. The distinction here is critical. The Army does not exercise direct control over the safety and health of Contractors, except in those instances when the Contractor's activities create the potential for accidental injury or property damage to the Government or public. Conversely, it is in the interest of the Army that its Contractors have strong safety and health programs since this will help ensure the quality of work performed and protection of Army personnel and property. The specific areas of safety concern pointed out in the following paragraphs are not intended to be all-encompassing. The Contractor is responsible for formulating and executing a comprehensive safety program for its activities under this contract.

The Contractor is responsible for initiating, maintaining and supervising all safety precautions and…