W911SD-22-R-0165 PWS CEAC Soil Disposal.pdf

Performance Work Statement

Cyber and Engineering Academic Center (CEAC) Construction Soil Disposal

U.S. ARMY GARRISON – WEST POINT

WEST POINT, NY

April 22, 2022

Part I: General Information

The work consists of loading, transport, and disposal of approximately 22,000 YD3 of stockpiled, contaminated fill material from construction of the new CEAC academic building at West Point. All fill shall be removed no later than 5 months after contract award. The Contractor shall be required to furnish all plant, labor, materials and equipment necessary to meet the performance objectives and standards identified in Table 1 below.

Table 1: Performance Objectives Performance Objective Performance Measure Achieve approved Site Safety and Health Plan.

Site Safety and Health Plan includes all work activities and complies with OSHA and USACE requirements

Achieve approved Soil Management Plan.

Soil Management Plan meets requirements of PWS (Part V,17b) and describes how project and regulatory standards will be met.

Receive permit for Work from Orange County

Orange County permit issued for the project requiring access from a county road.

Maintain site storm water and soil erosion/sediment controls.

Site berms, silt fences, tarps, etc. are maintained and replaced as needed to comply with NYSDEC requirements.

Achieve removal of all stockpiled material from West Point and disposal at an approved location.

All stockpiled fill material, tarps, silt fence, etc. removed and disposed off-site. Receipt of documentation that all materials were delivered to approved facilities.

1. The fill is located in training area L on the western boundary of West Point in the Town of

Woodbury. The site is accessed via Mineral Springs Road. A map of the location is at attachment 1. The site is on a military reservation and all rules and regulations issued by the Commanding Officer covering general safety, security, and sanitary requirements, etc., shall be observed by the Contractor. Access to the site is by a gate and dirt road off Mineral Springs Road. Mineral Springs Road is not owned or operated by West Point. The Orange County DPW has provided notice that a permit shall be required before hauling fill from the site can begin.

2. The excavated material consists of uncontrolled fill that contains soil, rock, construction, and demolition debris. The fill is stored in stockpiles on tarps with staked tarps covering the piles.

Storm water controls including silt fence, hay bales and berms surround the stockpiles.

Photos of the site are included at Attachment 2.

3. In addition to disposal of fill material, any tarps, stakes, and other debris associated with the three stockpiles shall be disposed of off-site.

4. Sampling and analysis results of the fill are included at Attachment 3. Detections of target semi-VOC, metals, and pesticides exceed the New York State Department of Environmental Conservation (NYSDEC) Unrestricted Use Soil Cleanup Objectives. Additional sampling and analysis required for disposal shall be performed by the contractor at no additional cost.

5. Existing plastic sheeting, berms, hay bales, and other storm water controls shall be maintained by the contractor. The existing cleared area shall not be expanded by the contractor without written approval from the COR. The egress points for truck and equipment transport from the Site will be kept clean of soil and other materials during the project. As much as possible, the soil piles shall be kept covered during work; stockpiles shall be completely covered and secured during non-working hours. During rain events the piles shall be kept covered except for the area where active work is occurring. The site storm water controls shall be repaired and replaced as needed.

6. It is the Contractor's responsibility to comply with all applicable federal, state and local laws and regulations. The contractor must possess all the required expertise, knowledge, permits, equipment and tools required to meet or exceed the government’s objectives identified in this PWS in accordance with established industry standards. The Contractor shall provide personnel trained as required by the Occupational Safety and Health Administration (OSHA) and all other applicable federal and state regulations. The Contractor shall provide all support activities necessary to ensure the safe and effective accomplishment of all work.

7. Cost proposal: The Contractor shall provide their cost proposal as follows:

a. Provide lump sum price for mobilization and demobilization.

b. Provide unit price in dollars per ton for loading, transporting and disposing of fill material.

8. Quality Control: Quality Control is the responsibility of the Contractor. The Contractor is responsible for the delivery of quality services/supplies to the Government (see FAR 52.246- 1 Contractor Inspection Requirements).

a. Quality Control Program: The Government is committed to a highly interactive relationship between quality control by the Contractor and quality assurance by the government recipient of services. This relationship shall be achieved through an effective Prevention Based Quality Control Program dedicated to ensuring the best possible products and services to end users. The Contractor shall provide their final written Quality Control Plan (QCP) no later than (NLT) 10 days after contract award and within five (5) days of any proposed changed

b. The Contractor’s quality program shall demonstrate its prevention-based outlook by meeting the objectives stated in the PWS throughout all areas of performance. The QCP shall be developed to specify the Contractor’s responsibility for management and quality control actions to meet the terms of the contract. The QCP as a minimum shall address continuous process improvement; procedures for scheduling, conducting and documentation of inspection; discrepancy identification and correction; corrective action procedures to include procedures for addressing Government discovered non-conformances; procedures for root cause analysis to identify the root cause and root cause corrective action to prevent re-occurrence of discrepancies; procedures for trend analysis; procedures for collecting and addressing customer feedback/complaints.

c. Upon request from the COR, the Contractor shall provide, all reports generated as a result of the Contractor’s quality control efforts. This shall include any summary information used to track quality control, including any charts/graphs.

d. The Contractor’s QCP shall be incorporated into and become part of this contract after the plan has been accepted by the KO. Proposed changes made after KO acceptance shall be submitted in writing through the COR to the KO for review and acceptance prior to implementing any revision. The Contractor’s QCP shall be maintained throughout the life of the contract and shall include the Contractor’s procedures to routinely evaluate the effectiveness of the plan to ensure the Contractor is meeting the performance standards and requirements of the contract.

9. Contractor Discrepancy Report (CDR): When the Contractor's performance is unsatisfactory, a CDR will be issued. The Contractor shall reply in writing within five (5) work days from the date of receipt of the CDR, giving the reasons for the unsatisfactory performance, corrective action taken, and procedures to preclude recurrence.

10. Quality Assurance: The COR will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the COR must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s). When an observation indicates defective performance, the COR will require the Contractor or designated on-site representative to initial the observation to acknowledge the defective performance. The acknowledgement of the observation does not necessarily constitute Contractor concurrence with the observation, only that the Contractor has been made aware of the defective performance.

11. Recognized Federal Holidays: The Contractor shall not be required to perform services on recognized federal holidays. The recognized federal holidays include:

New Year’s Day Labor Day

Martin Luther King Jr.’s Birthday Columbus Day

Washington’s Day Veteran’s Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

12. When a holiday occurs on a Saturday, Federal employees are normally granted the previous Friday as the holiday observance. When a holiday occurs on a Sunday, Federal employees are normally granted the following Monday as the holiday. The contractor shall work on the days the Government is scheduled to work.

13. When an unforeseen installation closure occurs on a regularly scheduled day of work, the Contractor will have the following options:

a. Reschedule the work so it is performed the following day unless the following day falls on a weekend.

b. Reschedule the work on any day that is mutually satisfactory.

14. Hours of Operation: The Contractor shall be responsible for providing services, between the hours of 7:30 AM – 4:30 PM Monday through Friday, except federal holidays or when the government facility is closed due to local or national emergencies, administrative closings or similar government directed facility closings. The Contractor shall 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 to successful performance under this contract. No overtime (OT) or compensatory time (CT) is authorized. Contractor personnel shall not exceed a 40 hour work week;

flexible work schedule may be considered.

15. Contractor personnel performing work under this contract shall be able to read, write, speak, and understand the English language to effectively carry out all contract requirements. They shall have a command of both the written and spoken English language to properly clearly, and effectively communicate in person or via electronic devices (telephone or Email) with co-workers, customers, and the general public.

16. Contractor personnel performing work under this contract shall be U.S. citizens unless the provisions of Army Regulation 25-2, Information Assurance have been fully completed and approval has been granted by the Government for the non-U.S. citizen to perform the required support.

17. AT/OPSEC Requirements

a. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website:

http://jko.jten.mil/courses/atl1/launch.html or it can be provided by the RA ATO in presentation form which will be documented via memorandum.

b. All contractor and all associated sub-contractors 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/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

c. Contractor and all associated sub-contractors 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 government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

d. The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. 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 project manager, security representative or law enforcement entity. 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 5 calendar days after the completion of the training.

e. The Contractor must pre-screen Candidates using the E-verify Program:

http://www.uscis.gov/e-verify website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award." *When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

f. The United States Government has adopted a zero tolerance policy regarding trafficking in persons. Additional information about trafficking in persons may be found at the website for the Department of State’s Office to Monitor and Combat Trafficking in Persons’ at http://www.state.gov/g/tip. Government contracts shall —

i. Prohibit contractors, contractor employees, subcontractors, and subcontractor employees from

ii. Engaging in severe forms of trafficking in persons during the period of performance of the contract

iii. Procuring commercial sex acts during the period of performance of the contract; or

iv. Using forced labor in the performance of the contract;

v. Require contractors and subcontractors to notify employees of the prohibited activities described in paragraph (a) of this section and the actions that may be taken against them for violations; and

vi. Impose suitable remedies, including termination, on contractors that fail to comply with the requirements of paragraphs (a) and (b) of this section.

18. Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation (FAR) Subpart 42.5. The post award conference will also be utilized to ensure contractor understands all HSPD-12 requirements.

The KO, COR (and other government personal) will hold a quarterly progress meet with the Contractor to review the Contractor's performance. At these meetings the KO and COR will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

19. Contracting Officer Representative (COR): The COR will be identified by separate letter of appointment. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: Assures that the Contractor performs the technical requirements of the contract; performs inspections necessary in connection with contract performance; maintains written and oral communications with the Contractor concerning technical aspects of the contract; issues written interpretations of technical requirements, including government drawings, designs, specifications; monitors Contractor's performance and notifies both the KO and Contractor of any deficiencies; coordinates availability of government furnished property, and provides 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 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 contract.

20. Key Personnel: Key personnel shall not be added to or removed from the contract without express acknowledgement of the COR. Any changes to the working status of these key personnel shall be transmitted (in writing) to the KO/COR within ten (10) work days of the proposed change. If, for any reason, any of the key personnel becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 work days the contractor shall promptly replace personnel with personnel who possess qualifications equal to or better than that of the original employee. The Contractor shall ensure all key personnel terminated or released from employment under this contract are replaced within ten (10) work days of the termination.

a. The follow are considered key personnel by the Government: The Contractor shall provide a Project Manager who shall be responsible for the performance of the work under this contract. The name of this person, and an Alternate Project Manager, who shall act for the Contractor when the Project Manager is absent, shall be designated in writing to the KO at the post award conference. The Project Manager and Alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. They shall be available between the hours of 7:30 AM to 4:30 PM, Monday through Friday, except federal holidays or when the government facility is closed for administrative reasons.

b. The Contractor shall designate a full-time Project Manager who shall meet the following qualifications:

i. The Project Manager shall be an OSHA competent person for excavation.

The OSHA Construction Standard defines a competent person as someone who is: capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.

ii. The Project Manager shall have a minimum of one year experience as a supervisor.

iii. The Project Manager must be able to speak, read and write English fluently, as well as communicate in the primary language of the Workers.

c. If the Project Manager is not on-site at any time whatsoever, all Work shall be stopped. The Project Manager shall remain on-site until the Project is complete. The Project Manager cannot be removed from the Project without the written consent of the COR. The Project Manager shall be removed from the Project if so requested by the COR.

d. The Project Manager shall maintain a bound Daily Project Log that includes a Waste Shipment Record Log included in Appendix B.

e. The Project Manager shall be responsible for the performance of the Work and shall represent the Contractor in all respects at the Project site. The Manager shall be the Contractor primary point of contact for the COR.

f. As required by applicable regulations, prior to assignment of work, instruct each employee with regard to the hazards of the generated waste, safety and health precautions, and the use and requirements of protective clothing and equipment, as well as the Contractor’s SSHP.

21. Identification of Contractor Personnel: All Contractor 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.

22. The Contractor shall develop, maintain, and provide to the COR an updated roster which shall include names and positions of all Contractor personnel as well as indicating which employees were issued CAC or other forms of government identification cards. The Contractor shall submit initial roster to the COR within ten (10) calendar days after commencement of base period of performance.

23. Contractor Personnel Appearance and Performance: It is essential that all Contractor personnel meet the highest standards of professionalism and personal integrity. The Contractor shall ensure their personnel do not perform work under the influence of alcohol, illegal prescribed drugs or any other incapacitating agents. Contractor personnel shall be neatly groomed and dressed in business casual attire to present a professional appearance at all times.

24. Organizational Conflict of Interest:

a. Purpose. To aid in ensuring that:

i. The Contractor does not obtain an unfair competitive advantage by establishing the ground rules for a future competition;

ii. The Contractor's objectivity and judgment are not biased because of its present or future interests (financial, contractual, organizational, or otherwise) which relate to work performed under this contract; and

iii. The Contractor does not obtain an unfair competitive advantage by virtue of its access to non-public or proprietary information belonging to others.

25. Definitions.

a. The term “Contractor” herein used in this section, Organizational Conflict of Interest, means: (a) the organization (hereinafter referred to as "it" or "its") entering into this agreement with the Government; (b) all business organizations with which it may merge, join or affiliate now or in the future and in any manner whatsoever, or which hold or may obtain, by purchase or otherwise, direct or indirect control of it; (c) it’s parent organization, if any and any of its present or future subsidiaries, associates, affiliates, or holding companies, and; (d) any organization or enterprise over which it has direct or indirect control now or in the future.

b. The term "proprietary information" for purposes of Organizational Conflict of Interest, means any information considered so valuable by its owners that it is held secret by them and their licensees. Information furnished voluntarily by the owner without limitations on its use, or which is available without restrictions from other sources, is not considered proprietary.

26. General Constraints. The provisions of FAR Subpart 9.5, Organizational and Consultant Conflicts of Interest, concerning organizational conflicts of interest govern this contract.

Potential conflicts may exist in accordance with FAR 9.505-1, Providing Systems Engineering and Technical Direction, through 9.505-4, Obtaining Access to Proprietary Information. In this regard, the Contractor is responsible for identifying any actual or potential organizational conflicts of interest to the KO that arise as the result of performance under this contract. To avoid or mitigate a potential conflict related to performance under this contract, the KO will impose appropriate constraints such as the constraints discussed below. Since it is impossible to foresee all of the circumstances that might give rise to organizational conflicts of interest, the constraints discussed below are not all inclusive and the KO may impose constraints other than, or in addition to, the constraints listed below.

a. The Contractor agrees that if it provides, under a contract or task order or delivery order, systems engineering and technical guidance for systems and programs, but does not have overall contractual responsibility, it will not be allowed to be awarded a contract or task or delivery order to supply the system or any of its major components or be a subcontractor or consultant to a supplier of the system or any of its major components (FAR 9.505-1).

b. The Contractor agrees that if it prepares complete specifications for non-developmental items or assists in the preparation of work statements for a system or services under a contract or task order or delivery order, it will not be allowed to furnish these items, either as a prime Contractor, a subcontractor or as a consultant

(FAR 9.505-2).

c. The Contractor agrees that it will neither evaluate nor advise the Government with regard to its own products or activities. The Contractor will objectively evaluate or advise the Government concerning products or activities of any prospective competitors (FAR 9.505-3).

d. The Contractor agrees that if it gains access to proprietary information of other companies, it will exercise diligent effort to protect such proprietary information from unauthorized use or disclosure (FAR 9.505-4). In addition, the Contractor agrees to protect the proprietary information of other organizations disclosed to the Contractor during performance of this contract with the same caution that a reasonably prudent Contractor would use to safeguard highly valuable property. The Contractor also agrees that if it gains access to the proprietary information of other companies it will enter into written agreements with the other companies to protect their information from unauthorized use or disclosure for as long as it remains proprietary and to refrain from using the information for any purpose other than that for which it was furnished. The Contractor shall provide copies of such agreements to the KO.

e. If the Contractor, in the performance of this contract, obtains access to plans, policies, reports, studies, financial plans, data or other information of any nature which has not been released or otherwise made available to the public, the Contractor agrees that without prior written approval of the KO, it shall not: (a) use such information for any private purpose unless the information has been released or otherwise made available to the public, or (b) release such information unless release is otherwise authorized under the contract or such information has previously been released or otherwise made available to the public by the Government.

27. Non-Disclosure Agreements. The Contractor shall obtain from each employee who has access to proprietary information under this contract, a written agreement which shall in substance provide that such employee shall not, during his/her employment by the Contractor or thereafter, disclose to others or use for their benefit, proprietary information received in connection with the work under this contract. The Contractor will educate its employees regarding the restrictions imposed by FAR 9.505-4, so that they will not use or disclose proprietary information or data generated or acquired in the performance of this contract, except as provided herein.

28. Training. The Contractor shall effectively educate its employees, through formal training, company policy, information directives and procedures, in an awareness of the legal provisions of FAR Subpart 9.5 and its underlying policy and principles, so that each employee will know and understand the provisions of that Subpart and the absolute necessity of safeguarding information from anyone other than the Contractor's employees who have a need to know, and the U.S. Government.

29. Subcontracts. The Contractor agrees that it will include the provisions in paragraphs 30, 31, and 32, above and this paragraph in consulting agreements, teaming agreements, and subcontracts of all tiers, which involve access to information or the performance of services described in paragraph 30, above. The use of section 27 in such agreements, shall be read by substituting the word "consultant" or "subcontractor" for the word "Contractor" whenever the latter appears.

30. Conflicts Involving Future Procurements. The award of this contract, government tasking’s or acquiescence in the Contractor’s performance of services hereunder shall not constitute or be interpreted as a determination that the Contractor is eligible to participate in future procurements, developmental efforts, implementation efforts, or related activities. Only the KOs for such efforts, applying the rules, principles, and procedures of FAR Subpart 9.5, have the authority to determine whether a conflict exists, in connection with such procurements.

31. Representations and Disclosures.

a. The Contractor represents that it has disclosed to the KO, prior to award of this contract, all facts relevant to the existence or potential existence of organizational conflict of interest as that term is used in FAR Subpart 9.5.

b. The Contractor represents that if it discovers an organizational conflict of interest or potential conflict of interest after award of this contract, a prompt and full disclosure shall be made in writing to the KO. This disclosure shall include a description of the action the Contractor has taken or proposes to take in order to avoid or mitigate such conflict.

32. Remedies and Waiver.

a. For breach of any of the above restrictions or for non-disclosure or misrepresentation of any relevant facts required to be disclosed concerning this contract, the Government may terminate this contract for default, disqualify the contractor for subsequent related contractual efforts, and pursue such other remedies as may be permitted by law or this contract. If, however, in compliance with section 1.6.16., the Contractor discovers and promptly reports an organizational conflict of interest (or the potential thereof) subsequent to contract award, the KO may terminate this contract for convenience, if such termination is deemed to be in the best interest of the Government.

b. The parties recognize that this clause has potential effects, which will survive the performance of this contract, and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the Contractor may at any time seek a waiver from the cognizant KO by submitting a full written description of the requested waiver and the reasons in support thereof (FAR 9.503).

PART II: DEFINITIONS & ACRONYMS

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

2. CONTRACTING OFFICER (KO). A person with authority to enter into, administer, and/or terminate contracts, and to make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.

3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S.

Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations.

This individual has authority to provide technical direction to the Contractor, as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

4. CONTRACTOR PERSONNEL. Contractor and subcontractor employees performing working under this contract.

5. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement (PWS).

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

7. GOVERNMENT-FURNISHED PROPERTY (GFP) OR GOVERNMENT PROPERTY

(GP). Property [i.e., Equipment, Material] in the possession of or directly acquired by the Government and subsequently made available to the Contractor.

8. KEY PERSONNEL. Contractor employees who are critical for achieving PWS objectives. Key personnel shall meet position qualification and experience requirements indicated in the PWS. When key personnel qualifications are used as an evaluation factor in “Best Value” procurement, the Contracting Officer is the only one authorized to concur with key personnel replacement after award of the contract. When proposed key personnel resumes are used as an evaluation factor in best value procurement, a letter of commitment may be required from the individual whose resume is provided.

9. LOCAL TRAVEL: Any travel that is required to perform services IAW the PWS that is within a 50-mile radius of the place of performance.

10. PERFORMANCE PREQUIREMENT SUMMARY (PRS). A listing of the service outputs under the contract that are to be evaluated by the COR on a regular basis, the surveillance methods to be used for these outputs, and the performance requirement of the listed outputs.

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

12. QUALITY ASSURANCE. A planned and systematic pattern of all actions necessary to provide confidence that adequate technical requirements are established; products and services conform to established technical requirements; and satisfactory performance is achieved. For the purposes of this document, quality assurance refers to actions by the Government.

13. QUALITY ASSURANCE SURVEILLAND PLAN (QASP). The Government’s organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

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

15. SUBCONTRACTOR. One that enters into a contract with a prime Contractor. The Government does not have privity of contract with the subcontractor.

16. WORK DAY. (Or ‘Business Day’ IAW what is used in PWS) The length of time during a day in which the Contractor provides services, in accordance with the contract. Also referred to as Business Day.

17. WORK WEEK. Monday through Friday, unless otherwise specified.

2.2. ACRONYMS:

AFARS Army Federal Acquisition Regulation Supplement

AR Army Regulation

CFR Code of Federal Regulations

CONUS Continental United States (excludes Alaska and Hawaii)

COR Contracting Officer Representative

DA Department of the Army

DD250 Department of Defense Form 250 (Receiving Report)

DD254 Department of Defense Form 254

DFARS Defense Federal Acquisition Regulation Supplement

DOD Department of Defense

FAR Federal Acquisition Regulation

HIPAA Health Insurance Portability and Accountability Act of 1996

KO Contracting Officer

OCI Organizational Conflict of Interest

OCONUS Outside Continental United States (includes Alaska and Hawaii)

ODC Other Direct Costs

PIPO Phase-In/Phase- Out

POC Point of Contact

PRS Performance Requirements Summary

PWS Performance Work Statement

QA Quality Assurance

QAP Quality Assurance Program

QASP Quality Assurance Surveillance Plan

QC Quality Control

QCP Quality Control Plan

TE Technical Exhibit

PART III: GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

1. Services: None.

2. Facilities: None.

3. Utilities: None.

4. Equipment: None.

5. Materials: Existing tarps, silt fence, hay bales and other stormwater controls in place at the site. The contractor shall maintain the existing materials and purchase and install replacement materials as needed for the duration of the contract.

PART IV: CONTRACTOR FURNISHED ITEMS AND SERVICES

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

PART V SPECIFIC TASKS

1. This Project will include the handling, loading, transporting and disposal of approximately 22,000 YD3 of fill materials stockpiled at Area L at West Point, NY. See Attachment 3 of the PWS for preliminary material characterization.

2. The Contractor shall be aware of all conditions of the Project and is responsible for verifying quantities and locations of all Work to be performed. Failure to do so shall not relieve the Contractor of their obligation to furnish all labor and materials necessary to perform the Work.

3. All Work shall be performed in strict accordance with the Project Documents and all governing codes, rules, and regulations. Where conflicts occur between the Project Documents and applicable codes, rules, and regulations, the more stringent shall apply.

4. Working hours shall be between 07:30 and 16:00, unless otherwise required and approved by the Contracting Officer’s Representative (COR). The Contractor shall coordinate and schedule all Work with the COR.

5. STANDARDS AND REFERENCES: The Contractor shall comply with the following codes and standards, except where more stringent requirements are shown or specified:

a. Federal Regulations:

i. 42 USC §6901 et. Seq.

ii. 15 USC §2601

iii. 29 CFR 1910.1200, "Hazard Communication" (OSHA)

iv. 29 CFR 1926, "Construction Industry" (OSHA)

v. 29 CFR 1926 Subpart P “Excavations”

vi. 29 CFR 1926.500 "Guardrails, Handrails and Covers" (OSHA)

vii. 49 CFR 171-172, Transportation Standards (DOT)

viii. 29 CFR 1910.146 Confined Space

ix. 29 CFR 1926.21 Safety Training and Education

b. New York State Regulations:

i. 6 NYCRR, Parts 360, 364, Disposal and Transportation (NYSDEC)

ii. 6 NYCRR Parts 370-374

iii. 6 NYCRR Parts 610-614

c. Army Regulations

i. USACE EM 385-1-1 – Safety and Health Requirements

6. PERMITS AND COMPLIANCE

a. The Contractor shall assume full responsibility and liability for compliance with all applicable Federal, State, and Local laws, rules, and regulations pertaining to Work practices, protection of Workers, authorized visitors to the Site, persons, and property adjacent to the Work.

b. Obtain all required permits and notifications for removals, transportation, and disposal of all stockpiled materials.

c. The Contractor shall comply with all applicable portions of EM-385-1-1 and regulations of the OSHA in performance of the work and take all required precautions to ensure the safety and health of personnel. The Contractor has been provided with information on current Site conditions for the Contractor to prepare a Site Safety and Health Plan (SSHP) for the execution of the work.

7. SUBMITTALS

a. Pre-Work Submittals: Within seven (7) days prior to the pre-construction conference, the Contractor shall submit an electronic copy of the documents listed below to the COR for review and approval prior to the commencement of removal/excavation activities:

i. The Contractor shall submit a schedule, arranged in chronological order, by dates required by the construction schedule.

ii. The Contractor shall prepare and submit to the COR a Site Safety and Health Plan (SSHP) for work at the Site. This plan shall address all of the activities which the Contractor will perform in fulfillment of the contract, and shall comply in all aspects with EM 385-1-1. The Contractor shall make the SSHP available to authorized personnel. The health and safety of the Contractor's employees remains solely the responsibility of the Contractor.

iii. The Contractor shall perform excavation mark outs and obtain a West Point Dig Safe permit and contact Dig Safely New York (DSNY) as required by law prior to any below grade excavation. Contractor shall provide valid DSNY ticket number along with associated documentation.

iv. A Soils Management Plan including disposal options prepared in accordance with Section 17 B. of this Section.

1. The Plan should include, as applicable, a site plan showing stock pile locations and protection methods, soil grid, equipment decon locations, excavation methods, and traffic direction at the site for trucks.

v. The Contractor shall prepare and maintain all material shipment records required by applicable Federal, State, and Local laws and regulations.

These records shall include but not be limited to: scale tickets, bill of ladings, and manifests. The Contractor shall provide copies of all documentation to the COR. Drafts of the following documents (as applicable) related to soil transport shall be submitted for prior review and approval:

1. A draft shipping document.

2. NYSDEC waste tracking document.

a. Copies of these forms are provided in Appendix A.

vi. Transfer Facility Permit (if applicable) and letter of acknowledgement from the Transfer Facility stating they intend to accept the material.

vii. Treatment Facility Permit (if applicable) and letter of acknowledgement from the Treatment Facility stating they intend to accept the material.

viii. Disposal Facility Permit for material disposed of at an off-site facility (if applicable) and letter of acknowledgement from the Disposal Facility stating they intend to accept the material.

ix. Copy of a valid NYSDEC Waste Transporter Permit and permits for any other State(s) the material will travel through to reach the disposal facility.

x. Valid US DOT permit for hauler, if applicable.

b. On-Site Submittals: The following documentation shall be maintained on-site by the Contractor during site activities at a location approved by the COR.

i. Copy of the Approved Pre-Work Submittals, as described in Section 1.05

A.

ii. Site Safety and Health Plan (SSHP) for all work.

iii. Copy of West Point Dig Safe and DSNY ticket documentation.

iv. Soil Management Plan (SMP).

8. Close-Out Submittals

a. Within 30 days of the completion of the project, the Contractor shall submit 1 electronic copy of the documents listed below to the COR for review and approval prior to Contractor’s final payment. Once the COR approves the electronic close-out submittal, the Contractor shall provide 1 electronic copy of the approved close-out documents to the COR.

i. All Waste Shipment Records, Forms, and Waste Shipment Record Logs.

ii. Completed waste tracking documents, as applicable.

iii. Daily progress log.

iv. Transfer/Treatment/Disposal Site/Landfill Permits from applicable regulatory agency.

v. Copy of Waste Transporter Permit and permits for any other State(s) the material traveled through to reach the disposal facility.

9. PRE-CONSTRUCTION CONFERENCE

a. Prior to start of preparatory Work under this Contract, the Contractor shall attend a pre-construction conference attended by the COR and any required technical support staff.

b. Agenda for this conference shall include but not necessarily be limited to:

i. Contractor's scope of Work, Work plan, and schedule.

ii. Contractor's safety and health precautions including protective clothing, equipment, and decontamination procedures.

iii. OSHA excavation and trenching requirements if applicable (> 4 feet and >

5 feet in depth, respectively)

iv. Contractor's Work procedures including:

1. Methods of job site preparation and removal methods.

2. Obtaining a West Point Dig Safe Permit and contacting Dig Safely

New York for Utility Clearance.

3. Process of clearing the construction areas, excavation pathways for subgrade materials, stockpiling soil, separating waste from earthen materials, etc.

4. Truck loading procedure near active roadway/traffic controls/safety.

5. Disposal procedures.

6. Cleanup procedures.

7. Emergency procedures.

v. Contractor’s required pre-work and on-site submittals, and documentation.

vi. Material disposal requirements and procedures.

c. In conjunction with the conference, the Contractor shall accompany the COR on a pre-construction walk-through documenting work to be completed at the Site.

10. PROJECT CONDITIONS

a. Preliminary waste characterization sampling was completed (see Attachment 3).

Any additional waste characterization sampling required to complete the disposal of material during the project shall be performed by the Contractor at the Contractor’s cost.

b. The Contractor, by careful examination, shall inform themselves as to the nature and location of the work; the conformation of the ground; the character, quality and quantity of the materials to be encountered; the character of the equipment and facilities needed preliminary to and during the execution of the work; and all other matters which can in any way affect the work.

c. The Contractor shall have visited the site and familiarized themselves with the existing conditions of adjoining properties, utilities and buildings.

d. The Contractor shall investigate the conditions of public thoroughfares and roads as to availability, clearances, loads, limits, restrictions, and other limitations affecting transportation to, ingress and egress of the site of the work. The Contractor shall conform to all Federal, State and Local regulations in regard to the transportation of materials to and from and at the job site and shall secure in advance such permits as may be required.

e. Existing Utilities: The Contractor shall locate existing underground utilities in and beyond the areas of work. This shall include, at a minimum, obtaining a West Point Dig Safe Permit and notification to Dig Safely New York (DSNY) as required by law. The Contractor shall mark out the project areas and allot 3 business days for the DSNY ticket request to be completed (10 days for the West Point Dig Safe permit); such off-set time shall be included in the proposed schedule. The DSNY ticket number shall be recorded for inclusion in project record documentation. If utilities are indicated to remain in place, provide adequate means of support and protection during the work.

i. Should uncharted, or incorrectly charted, piping or other utilities be encountered during excavation, immediately cease excavation activities and consult with the COR for directions. Cooperate with COR and utility companies in keeping respective services and facilities in operation.

Repair damaged utilities to satisfaction of utility owner or compensate repair of same at Contractor’s cost.

ii. Do not interrupt existing utilities serving facilities occupied by West Point or others, during occupied hours, except when permitted in writing by the COR and the utility owner and then only after acceptable temporary utility services have been provided. Provide minimum of 48-hour notice to the COR, and receive written notice to proceed before interrupting any utility.

f. The Contractor shall determine sequence of operations, and relation to work of other trades if applicable. Start of work will signify acceptance of field conditions and will acknowledge coordination with other trades.

g. The Contractor shall comply with the Soil Management Plan and associated documentation in the Approved Pre-Work Submittal, all Federal, State and Local environmental regulations, and health and safety regulations, including but not limited to OSHA.

11. PROTECTION

a. The work shall be executed so that no damage or injury will occur to the existing public and adjoining or adjacent structures, streets, paving, sewers, gas, water, electric or any other pipes. Should any damage or injury be caused by the Contractor, or anyone in the Contractor’s employ, or by the work under this Contract occur, the Contractor shall repair such damage and shall assume all responsibility for such injury and costs.

b. Contractor caused damage to Mineral Springs Road, guardrails, or other county road infrastructure shall be repaired by the contractor at no additional cost.

Repairs shall be coordinated with the Orange County DPW and meet their specifications. Repairs shall be subject to Orange County DPW review and approval.

c. The above shall also include the protection of all existing utilities (including but not limited to sewers, water lines, electrical lines and telecommunication lines) to remain in use within and adjacent to the area affected by the work of this project.

d. Monuments, bench marks and other reference features on streets bounding this project, shall be protected. Should these be disturbed in any manner, the Contractor shall have them replaced.

e. Excavation sides of any pits within the site and adjacent structure foundations shall be protected by means of adequate bracing, shoring and anchoring at all times in accordance with applicable OSHA regulations. No site excavation shall proceed until adequate support for excavation sides is provided. The Contractor is solely responsible for the stability, safety and protection of excavation sides.

f. The Contractor shall provide as applicable traffic controls including flagmen, barricades, warning lights, and barriers to prevent accidents, and to prevent all hazards to protect the public and property at all times, including Saturdays, Sundays, and Holidays. The contractor shall protect the traveling public from damage to person and property. Minimize the interference with public traffic on roads selected for hauling material to and from the site. The Orange County DPW has provided notice that a permit shall be required before hauling fill from the site can begin.

g. It is the Contractor's responsibility to ensure that contaminated materials will not be spilled, placed, or otherwise discharged into areas other than those specified in the Contract Documents. Any unauthorized placement, spill, or discharge of contaminated material by the Contractor must be reported immediately to the COR and the appropriate regulatory agency and will be completely and properly removed by the Contractor at their own expense.

h. It is the Contractor’s responsibility to ensure that existing erosion control and…