W911SD-23-R-0156 SOLICITATION D.FINAL CEAC II Soil Removal.pdf

SEE ADDENDUM

(No Collect Calls)

W911SD23R0156 16-Aug-2023

b. TELEPHONE NUMBER

845-938-3120

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 07 Sep 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W911SD9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

IGNACIO CORDOVA

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

MICC - WEST POINT

681 HARDEE PLACE

WEST POINT NY 10996-1514

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W16BCU 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

ENVIRONMENTAL MANAGEMENT DIVISION

ENVIRONMENTAL MANAGEMENT DIVISION

667A RUGER RD

WEST POINT NY 10996

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$25,000,000

NAICS:

562910

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF93

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W911SD23R0156

Section SF 1449 - CONTINUATION SHEET

PWS-

Performance Work Statement

Cyber and Engineering Academic Center (CEAC) Construction Material Disposal

U.S. ARMY GARRISON – WEST POINT

WEST POINT, NY

December 22, 2022

Part I: General Information

1. The work consists of loading, transport, and disposal of approximately 10,000 tons of stockpiled, contaminated material from construction of a new academic building at West Point. All material shall be removed no later than 5 months after contract award. Once all material has been removed, all exposed soil at the site shall be covered with 3/4 inch washed crushed stone.

2. 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. The contractor shall provide a lump sum price for mobilization and demobilization. The contractor shall provide a unit price in dollars per ton for loading, transporting and disposing of material. The contractor shall provide a lump sum price for covering all exposed soil at the site with a 3-inch layer of ¾ inch washed, crushed stone. The contractor shall be paid for mobilization/demobilization, actual tons of material shipped for disposal, and covering all exposed soil at the site with ¾ inch stone.

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 Material Management Plan.

Material 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 stormwater 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 material, tarps, silt fence, etc.

removed and disposed off-site. Receipt of documentation that all materials were delivered to approved facilities.

Spread 3 inches of ¾ inch washed crushed stone over exposed soil at material storage site.

All exposed soil at the site is covered with 3 inches of 3/4 inch washed crushed stone. Stone is spread evenly.

3. The material is 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 Highway Work permit shall be required before hauling material from the site can begin.

4. The excavated material consists of uncontrolled material that contains soil, rock, construction, and demolition debris. The material is stored in stockpiles on tarps with staked tarps covering the piles. Stormwater controls including silt fence, hay bales and berms surround the stockpiles.

Photos of the site are included in Attachment 2.

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

6. Sampling and analysis results of the material are included in 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.

7. 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 material 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 stormwater controls shall be repaired and replaced as needed.

8. Once all material has been removed, there are approximately 1.4 acres of exposed soil at the site. Areas of exposed soil shall be covered with ¾ inch washed crushed stone. Stone shall be evenly spread to a depth of 3 inches. Areas already covered with crushed stone do not need to be covered again and are not included in the 1.4 acre measurement. A total of 1.4 acres of bare soil shall be covered with ¾ inch washed crushed stone.

9. Large boulders greater than 1 foot in diameter do not need to be removed from the site. Sorting the material to remove boulders is not required but the contractor may choose to leave them on site. At completion of the project, all large boulders shall be moved to the perimeter of the storage site. All concrete and other C&D must be removed from the site.

10. 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.

11. 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 material.

c. Provide a lump sum price for delivery, and spreading of ¾ inch washed, crushed stone to a minimum depth of 3 inches over all exposed soil.

12. 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.

13. 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) workdays from the date of receipt of the CDR, giving the reasons for the unsatisfactory performance, corrective action taken, and procedures to preclude recurrence.

14. 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.

15. Recognized Federal Holidays: (Use the following sentence, if the Contractor is required to perform services on holidays) The Contractor is normally not required to perform services on recognized federal holidays. However, that requirement is subject to mission execution requirements. (Or, use the following sentence if the Contractor is not required to perform services on holidays). The Contractor shall not be required to perform services on recognized federal holidays. (Use for all). 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 Juneteenth

16. 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.

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

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

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

20. 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.

21. 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.

22. 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.

23. 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.

24. 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.

25. 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.

26. 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 workdays 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) workdays of the termination.

a. The following are considered key personnel by the Government: The Contractor shall provide a Project Supervisor who shall be responsible for the performance of the work under this contract. The name of this person, and an Alternate Project Supervisor, who shall act for the Contractor when the Project Supervisor is absent, shall be designated in writing to the KO at the post award conference. The Project Supervisor 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 Supervisor who shall meet the following qualifications:

i. The Project Supervisor 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 Supervisor shall have a minimum of one year experience as a supervisor.

iii. The Project Supervisor 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 Supervisor is not on-site at any time whatsoever, all Work shall be stopped.

The Project Supervisor shall remain on-site until the Project is complete. The Project Supervisor cannot be removed from the Project without the written consent of the COR.

The Project Supervisor shall be removed from the Project if so requested by the COR.

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

e. The Project Supervisor shall be responsible for the performance of the Work and shall represent the Contractor in all respects at the Project site. The Supervisor 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.

27. 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.

28. 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

29. 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.

30. 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.

31. 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 section 1.6.16., 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.

32. Organizational Conflicts of Interest Examples. The following examples illustrate situations in which organizational conflicts of interest may arise. These examples are not all inclusive.

a. Biased Ground Rules. This type of conflict may arise in situations where a company sets the ground rules for a future competition. For example, when a Contractor develops requirements then competes to provide products or services to satisfy those requirements, thus obtaining a competitive advantage.

b. Impaired Objectivity. This type of conflict may exist where a Contractor’s obligations under a contract require objectivity, but another role of the Contractor casts doubt on its ability to be truly objective. An example of this type of conflict is where a Contractor’s work under one contract entails evaluating itself, its affiliates, or its competitors under a separate contract.

c. Unequal Access to Information. This type of conflict may arise when a Contractor has access to nonpublic or proprietary information as part of its performance under a contract that gives it an unfair advantage in a competition for a later contract.

33. 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.

34. 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.

35. 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.

36. 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.

37. Conflicts Involving Future Procurements. The award of this contract, government taskings 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.

38. 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.

39. 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 10,000 tons of materials stockpiled at Area L at West Point, NY. See Attachment 3 of the PWS for preliminary material characterization. Once all material has been removed from the site, all exposed soil at the site shall be covered with ¾ inch washed, crushed stone. Stone shall be spread evenly to a minimum depth of 3 inches across the site.

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 markouts and obtain a West Point DigSafe 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 Material Management Plan including disposal options prepared in accordance with Section 17 B. of this Section.

1. Provide a to-scale figure indicating the segregation of the existing stockpiles and proposed sample locations to be utilized for further characterization of material.

2. A site plan showing stock pile locations and protection methods, fill grid, equipment decon locations, excavation methods, and traffic direction at the site for trucks.

3. Provide a listing, including company name, name of owner contact, phone number, and address, of the off-site disposal facility(ies) meeting the requirements listed in Item A above, for the specific material to be disposed and a copy of each facility’s permit (NYSDEC or equivalent out of state).

4. Provide a listing, including company contact name, phone number and address, of proposed material haulers. Provide a copy of the valid 6 NYCRR 364 Waste Transporter Permit for each proposed waste hauler.

5. Provide a certification from the proposed waste disposal facility(ies) that material from the site is acceptable for disposal. This letter must be on the disposal facility letterhead and must be received prior to removal of excavation material from the site.

6.

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 material 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…