Performance_Work_Statement_Closure_Plan.docx

Performance Work Statement Closure Plan for the West Point MSW Transfer Station

West Point, New York March, 2019

PART 1

GENERAL INFORMATION

1. General: This is a non-personal services firm-fixed price contract to provide environmental services at a closed Municipal Solid Waste (MSW) Transfer Station at the West Point Military Reservation, located in West Point, NY.

1.1 Description of Services: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items necessary to develop and execute a Closure Plan for the site under the New York State Department of Environmental Conservation (NYSDEC) regulations for Solid Waste Management Facilities. The Closure Plan shall include appropriate environmental sampling of the site to determine if a release of contamination to the environment occurred.

1.2 Background:

The West Point Military Reservation, West Point, NY (the “Installation”) is located in Orange and Putnam Counties, New York, on the west back of the Hudson River. The “Installation” is approximately 50 miles north of New York City and approximately 13 miles south of Newburgh. The 15,974 acres of land encompassing the “Installation” has been designated as two areas: the Main Post or campus (2,530 acres) and the Military Reservation (13,444 acres). The Main Post contains the majority of the academic, residential, and support facilities. The Military Reservation is largely undeveloped and contains operational training facilities such as firing ranges and bivouac areas used during the summer to house and train cadets.

The Transfer Station (TS) is located on the Military Reservation in the vicinity of Range 4, and 5 off of NYS Route 293. The TS has been in operation since the 1980’s for transferring MSW from West Point and the Village of Highland Falls from collection vehicles into trailers for transportation to area landfills. The site was operated as Facility ID 36-T-02 and permit ID 3-3336-00063/00001. The site does not meet current NYSDEC regulations and ceased processing waste in February 2019. Continuing activities at the site will not require a permit.

The site included a hopper and compactor for transferring waste to trailers. The compactor and hopper have been demolished by others. A drainage system at the site collects leachate from the compactor which is stored in an aboveground storage tank. The site will be used in the future for washing dumpsters. The leachate system will remain in place for use in collecting rinse water from the washing activity. Other activities at the site that will continue include storage of C&D waste, scrap metal, and furniture, in three 30 yard roll off containers. Bldg 1379 is located adjacent to the site and will be used for storage and processing of recyclables. An adjacent area is used for shipping containers storing waste refrigerators, e-waste, and tires. A cleared area nearby is used to store waste logs, tree branches, leaves, and grass clippings before they are loaded and shipped off site.

1.3 Requirements

A Closure Plan for the site was never developed. In order to close out the permit, a Work Plan must be developed that includes a field investigation plan to determine if waste management activities have contaminated the site. Once the investigation plan is approved, the contractor shall execute the environmental sampling and develop a report interpreting the results. In addition to reporting the sampling results, the report must document the site history, describe continuing activities, and closure activities. The intent of the investigation is to determine if contamination is present. If sampling determines contamination is present, a future contract will be developed to further investigate the site and determine the nature and extent of contamination.

The Contractor shall be responsible for fully executing this Firm-Fixed Price contract (FFP) under a Performance- Based Acquisition (PBA). Work to be accomplished includes, but is not limited to, conducting required environmental investigations for which the United States Department of the Army (the “Army”) is statutorily responsible; addressing any and all environmental, scheduling, and regulatory issues; and assuming contractual liability and responsibility for the achievement of the contract service requirements for the site at West Point, NY (the “Installation”) identified in this Performance Work Statement (PWS).

The contractor must possess all the required expertise, knowledge, equipment and tools required to meet or exceed the government’s objectives identified in this PWS in accordance with established industry standards. The Contractor must have the capability and experience to perform, or provide, investigative, and restoration services required for hazardous substance and waste sites. Work will include site investigation to determine the presence or absence of contamination at the site.

It is the Contractor's responsibility to comply with applicable federal, state and local laws and regulations and to fulfill the performance objectives of this PWS in a manner that is consistent with applicable orders or permits, guidance from the Installation, and relevant DoD and Army policy, for the duration of the contract. All environmental services for the site will comply with NYSDEC and the United States Environmental Protection Agency (USEPA) Region II. The Contractor shall perform all the necessary environmental work required to meet the contract requirements of this PWS in a manner that is consistent and in coordination with NYSDEC.

1.4 Objectives

This is a performance based, firm fixed price contract. The period of performance is not to exceed 1 year from award, inclusive of all options. The contract requirements may be found in Table 1. The performance requirements summary may be found in Appendix A.

Table 1: Contract Service Requirements

1.5 Assumptions/Notes

The following minimum assumptions will be made for this PWS:

CLIN 0001: The Project Management Plan shall include all work to be completed under this contract. The Plan shall detail how the work will be accomplished, schedule, management organization, QA/QC, project milestones, and subcontracting.

CLIN 0002: The Work Plan shall document the site background and field investigation plan. This CLIN shall include Sampling and Analysis Plan, and Accident Prevention and Site Safety and Health Plan and any other plans needed before field work can begin.

CLIN 0003: Includes all work required to achieve Army and Regulator acceptance of the final Closure Plan/Investigation Report. The plan will document past activities, closure actions, environmental sampling, and activities that will continue at the site.

1.6 Period of Performance (POP): The period of performance shall not exceed 12 months from the date of award.

Quality Control (QC): QC is the responsibility of the Contractor. The Contractor is responsible for the delivery of quality services to the Government. The Contractor shall develop, implement and maintain an effective Quality Control System (QCS) which includes a written Quality Control Plan (QCP). The QCP shall implement standardized procedure/methodology for monitoring and documenting contract performance to ensure all contract requirements are met. The Contractors’ QCP shall contain a systematic approach to monitor operations to ensure acceptable services/products are provided to the Government. 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. The Contractor shall upon request provide to the Government their quality control documentation. The QCP, in hard copy (3 copies) and electronically, is to be delivered to the KO and COR within 30 days after contract award. In addition, three copies of a comprehensive written QCP shall be submitted to the KO and COR within 5 working days when changes are made thereafter. After acceptance of the quality control plan the Contractor shall receive the KO’s acceptance in writing of any proposed change to their QC system/plan. Quality Control (QC) shall be provided by the Contractor whenever sampling or analysis for chemical constituents is required. Quality control for traditional soils or geotechnical testing shall also be included. All sampling and analysis shall comply with the requirements of the most recently approved DoD Quality Systems Manual (QSM). The laboratory (ies) to be used by the Contractor shall be NYSDOH Environmental Laboratory Accreditation Program (ELAP), DoD Environmental Laboratory Accreditation Program (DoD ELAP) certified or equivalent.

1.6.4. Quality Assurance (QA): A Quality Assurance Surveillance Plan (QASP) will be generated by the Government to monitor Contractor performance for services to ensure conformance with contract requirements. The QASP sets forth procedures and guidelines that the USACE will use in evaluating the technical and safety performance of the Contractor. Activities identified in the QASP should be appropriately coded in the project schedule to allow for planning of QA inspections. The QASP is intended to accomplish the following, at least on a basic level:

Contractor’s performance;

(d) Provide the Surveillance Activity Checklists and Corrective Action Request (CAR) forms that will be used by the Government in documenting and evaluating the Contractor’s performance;

1.6.5. Federal Government Holidays: The Contractor may not work at the Installation on the following Federal Government Holidays but may, at their discretion, work at their own offices:

1.6.6. Hours of Operation: The Contractor is responsible for conducting business on the Installation between the hours of 0745 and 1630 Monday thru Friday as required to complete the activities required to meet the performance objectives in this PWS 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 timely completion of all tasks defined within this PWS. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.7. Place of Performance: The work to be performed under this contract will be performed primarily at the “Installation” or the offices of the Contractor

1.6.8. Type of Contract: The Government will award a firm-fixed price contract.

1.7 Security Requirements: The Contractor is required to meet applicable requirements for security requirements to include Anti-Terrorism (AT) and Operational Security (OPSEC) as specified in guidance and regulations as outlined below.

1.7.1. All Contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, and controlled access areas shall complete AT Level 1 Awareness training within 30 days calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The Contractor shall submit certificates of completion for each affected Contractor employee and subcontractor employee, to the COR or to the contracting officer is a COR is not assigned, within 5 calendar days after completion of training by all employees and subcontractor personnel. AT level 1 awareness training is available at the following website: https://atlevel1.dtic.mil/at

1.7.2. Contractor and all associated sub-contractor employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements 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 an individual facility or installation change, the Government may require changes in contractor security matters or processes.

1.7.2.1 iWATCH Training. This standard language is for Contractor employees with an area of performance within an Army controlled installation, facility or area. The Contractor and all associated Subcontractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 10 calendar days of new employees commencing performance with the results reported to the COR NLT 35 calendar days after contract award.

1.7.3. Contracting Official Representative (COR).

(1) Will ensure that all contractors/subcontractors are processed for a background check or National Agency Check with Inquiry (NACI) as needed. The background check is the minimal investigation to be adjudicated for a USMA Identification Card (yellow badge) versus the NACI, which requires fingerprinting and submission of EQIP. NACIs are required for contractors/subcontractors that require a CAC and/or government computer accounts.

(2) Will ensure that the USMA Form 13-16, Personnel Background Check, dated Apr 06, is correctly completed and signed by the COR who is a properly cleared Federal Employee.

(3) Will ensure that the USMA Form 13-16, Personnel Background Check, dated Apr 06, is submitted within 10 days prior to personnel starting projects on West Point, depending on when contract is awarded and work is scheduled to start. Waivers are made for the 10 day suspense on a case by case basis, in emergency situations as needed only.

(4) Will ensure that all identified contractors requiring a CAC and/or government computer access, submit fingerprints and complete a NACI investigation submission via EQIP, prior to being issued a CAC and/or given access to the government computer network.

(5) Will ensure that all government issued identification and vehicle stickers are confiscated from contractors/subcontractors upon termination of employment or end of project. These items will be returned to MPD and DES.

(6) Will ensure that all contractors requiring access to the Installation have completed antiterrorism awareness training and shall certify that their workforce has completed the training through the submission of completion certificate(s) to the Contracting Officer.

1.7.4. To enhance security coverage of the West Point “Installation”, contractor personnel entering the Central Area must obtain and wear a Government issued identification badge.

1.7.4.1. There will be two (2) types of contractor badges; long term and short term. Long term is identified as contractors working on the installation for longer than 6 months. The long-term badges will have a photograph and will only be issued after completion of all requirements identified at (c). Short term is identified as contractors w badges, the contractor must only provide the ‘Contractor Personnel’ listing that is identified at (c), to the Contracting Officer on the USMA form 1316 and forwarded to the AT/FP section for vetting.

1.7.4.2. To obtain an identification badge, the contractor must complete the ‘Contractor Personnel’ listing. This listing should also include subcontractor employees that will enter the Mission Essential Vulnerable Area (MEVA). In addition, each contractor and subcontractor employee (on the listing) must complete a SF85 and obtain a FD 258, fingerprint card; contractors are encouraged to allow for “substitute” employees on their ‘Contractor Personnel’ listing. The ‘Contractor Personnel’ listing and the SF85 are located on the Directorate of Contracting website at http://www.usma.army.mil/doc, click on ‘Forms”. The contractor is responsible for duplicating the SF85 for each employee and subcontractor employee. The FD 258, fingerprint card, must be obtained at the Provost Marshal’s Office at the U.S. Military Academy.

1.7.4.3. The completed ‘Contractor Personnel’ listing, along with the FD 258 fingerprint card attached to the completed SF85 (for each person identified on the personnel listing) shall be forwarded to the Contracting Officer. After receipt of all the forms, you will be notified (by the Contracting Officer) so that you may have your personnel proceed to the Adjutant General (AG) Office, Bldg 622, USMA to obtain the Government issued identification badges. Do not send any employee to the AG office without notice from the Contracting Officer.

1.7.4.4. Your employees will not be allowed into the Central Area without their identification badge; therefore it is imperative that the Contracting Officer receive the completed forms within fourteen (14) days after notification of contract award. The badges must be worn at all times. Failure to have appropriate identification visible while working in the Central Area is grounds for removal. Failure to complete this requirement and obtain your badges will not constitute an excusable delay in the performance of this contract.

1.7.4.5. Listed below is the location and hours of operation for the Provost Marshal’s Office and the Adjutant General Office. You must adhere to the hours and days of operation.

PROVOST MARSHAL OFFICE (PMO)

Bldg. 616, USMA (for FD 285, fingerprint card) Monday AND Thursday 1:00 pm to 2:00 pm

ADJUTANT GENERAL OFFICE (AG)

Bldg 622, USMA (for identification badge; short and long term) Monday, Tuesday, Thursday and Friday 8:00-11:30 am and 12:30-4:00 pm

1.7.4.6. Upon completion of your contract, each employee must turn-in their identification badge to the Contracting Officer’s Representative (COR). Should an employee leave prior to the contract expiration, they must turn-in their identification badge at that time. Any contract employee added after the initial start up, must follow the same process to obtain a badge that is described herein.

1.7.4.7. Failure to turn-in contractor identification badges (upon completion of contract or exit of employee) may result in a deduction of $500.00, per employee badge, from the final contract payment. If final contract payment is less than $500.00, the lesser amount may be deducted.

1.7.5. Force Protection Conditions (FPCON’s) Clause

a. During higher Force Protection Conditions (FPCON’s) Contract personnel are required to comply with all Antiterrorism policies and procedures while on the installation. Contract personnel may be directed to enter the installation through certain access control points where they can best be identified and searched. Contractor personnel may be prohibited from certain portions of the installation during exercises and actual emergencies.

b. Contractors will comply with parking restrictions and will not park in unauthorized parking areas or within 82 feet of an inhabited building when directed.

c. Access control roster (personnel and vehicles) must be provided. Names / vehicles verified by the company and received background screening. Substitutes receive same vetting process prior to work.

d. All contractor personnel and vehicles are subject to search while on the installation

e. In the event of an identified restricted/exclusion area, the contractor personnel will not be authorized without specific permission or an escort.

f. Access may be denied during increased readiness or Force Protection Conditions (FPCON’s).

1.7.6. Alien Employment: The contractor shall not employ any alien who does not have a valid US Immigration I-551 or I-94. The contractor shall provide valid social security numbers and citizenship status of all employees to the Government, upon request.

1.7.7. E-Verify

E-Verify is an Internet based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees. E-Verify is currently free to employers and is available in all 50 states. E-Verify provides an automated link to federal databases to help employers determine employment eligibility of new hires and the validity of their Social Security numbers. E-Verify are the best means for determining employment eligibility of new hires and the validity of their Social Security numbers.

Contractors shall use E-Verify on all employees that will be working on this installation, under this contract. This shall be done prior to the employee starting work on the installation.

For E-Verify information: www.dhs.gov/E-Verify 1-888-464-4218

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 —

(a) Prohibit contractors, contractor employees, subcontractors, and subcontractor employees from —

(1) Engaging in severe forms of trafficking in persons during the period of performance of the contract;

(2) Procuring commercial sex acts during the period of performance of the contract; or

(3) Using forced labor in the performance of the contract;

(b) 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

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

1.7.8. Contractor Vehicles – Ensure the contractor understands the parking policy dated 22 September 2014.

(1) Under no circumstances will Contractors park in Central Parking Area (CPA) Lots

(2) The local general, visitor, and government designated parking areas SHALL NOT be used by the contractor. No general contractor or subcontractor employee parking is available near the immediate site. The contractor will need to identify and locate parking facilities for general and subcontractors off of West Point and provide a means for shuttling workers to the site. West Point shuttle services will not be used for transporting workers to the site.

(3) Contractors and construction vehicles can only park in pre-approved designated staging areas or as identified in their contract. Central Area Parking is reserved for Staff and Faculty and requires a special pass. In accordance with AR 190-5, persons who operate a motor vehicle on West Point shall be deemed to have given consent for the removal and temporary impoundment of the privately owned vehicle (POV) and construction equipment when it is:

a. Parked illegally

b. Interfering with operations

c. Creating a safety hazard

d. Left unattended in a restricted or controlled area

e. Parked in a Central Parking Area (CPA) lot without the proper CPA Pass

f. Parked in a reserved space authorized by the Installation Commander

The COR overseeing the contract will review and coordinate all contractor pass requests.

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

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

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

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

1.7.10.3. Lock Combinations: The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Contractor’s Quality Control Plan.

1.8. Special Qualifications: Not Applicable

1.9 Post Award Conference/Periodic Progress Meetings: The Contractor shall attend any post award conferences convened by the contracting activity and/or COR. Such meetings may be conducted periodically to review the Contractor's performance. At these meetings the KO will apprise the Contractor of how the Government views the Contractor's performance and the Contractor shall apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government. The Contractor shall provide meeting minutes within seven calendar days after award for review by the KO and COR.

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

1.10.1. Certification and Approval of Project Milestones and Deliverables The COR will be responsible for contract management, inspection, oversight, review, and approval activities. Certification and approval of project milestones by the COR is necessary before distribution of payments. Final acceptance of milestone completion shall include appropriate acceptance of site remediation or maintenance documentation by regulators. Certification by the Army is contingent upon the Contractor performing in accordance with the terms and conditions of the contract.

1.11. Key Personnel: The following personnel are considered key personnel by the Government: project manager, senior scientist/engineer, and regulatory specialist. The Contractor selected for this Contract shall have experienced personnel to perform, or provide the services required for investigating this site. The Contractor shall notify the KO of any changes in key personnel in accordance with Section C of the Basic Contract. The change of key personnel is subject to approval by the KO, although such approval will not be unreasonably withheld provided the qualifications of the replacement personnel are equal or higher than the qualifications of the personnel to be replaced (note this may require the replacements to exceed the minimum qualifications listed in the basic contract).

1.12. Identification of Contractor Employees: The Contractor (to include Subcontractors) shall provide each employee an Identification (ID) Badge, which includes at a minimum, the Company Name, Employee Name and a color photo of the employee. ID Badges for Key Personnel shall also indicate their job title. ID Badges shall be worn at all times during which the employee is performing work under this contract. Each Contractor (to include Subcontractors) employees shall wear the ID Badge in a conspicuous place on the front of exterior clothing and above the waist except when safety or health reasons prohibit. The Contractor (to include Subcontractors) shall be responsible for collection of ID Badges upon completion of the contract or termination of employee. A listing of issued identification cards shall be furnished to the KO prior to the contract performance date and updated as needed to reflect Contractor and Subcontractor personnel changes. All contract personnel attending meetings, or working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They shall also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.13. Supervision of Contractor Employees: The Government will not exercise any supervision or control over Contractor or Subcontractor employees while performing work under the contract. Such employees shall be accountable solely to the Contractor, not the Government. The Contractor, in turn, shall be accountable to the Government for Contractor or Subcontractor employees.

1.14. Contractor Travel: Travel to/from the Installation for such purposes as to attend meetings, briefings and/or presentations may be required incidental to this action, the costs for which shall be included in the total price for the services in this PWS.

1.15. Other Direct Costs: This category includes travel, document reproduction, and shipping expenses associated with providing the environmental services in this PWS.

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

1.17. Organizational Conflict of Interest: The Contractor shall notify the Government of any conflict of interest immediately and in writing.

1.18. Working Conditions: Parades, reviews or similar ceremonies are routinely conducted three or four times a week. Hours of such ceremonies are normally 5:00 p.m. on weekdays and 1130 a.m. on Saturdays, although there are exceptions to these hours. Detailed schedules of ceremonies may be obtained two (2) months in advance on request from the Contracting Officer Representative. In addition the following requirements shall apply to all contractor's activities in connection with these ceremonies.

(a) Right of way shall be given to cadets marching in formation to or from ceremonies.

(b) During the actual ceremonies, the Contractor's activities that produce noise to an extent which would distract or interfere with the ceremony, such as the operation of loud and noisy machinery shall be suspended until the ceremony is over. All cost for conformance with the above stated requirements shall be included with contract amount and no claim for extra cost shall be considered.

1.19. Artifacts, Preservation & Protection of Historical, Archaeological And Cultural Resources: Any and all items of prehistoric, historic and military relics or memorabilia, which may be discovered in the course of the construction activities, shall remain the property of the Government. Examples of such items include but are not limited to: printed matter or other papers, buttons, buckles, or fragments of uniforms, buried weapons, bayonets, sabers, cannon balls, ammunition, fragments of structures or foundations, in short, any item of historical or archaeological value. Federal legislation provides for the protection, preservation and collection of scientific, prehistorical, historical and archaeological data, including relics and specimens which might otherwise be lost due to alteration of terrain or building features as a result of any federal construction project. Any person who, without permission, injures, destroys, excavates, appropriates or removes any historical or pre-historical artifact, object of antiquity or archaeological resource from public lands of the United States is subject to arrest and penalty of law. Cultural resources on Federal property are protected and managed by the Archaeological Resources Protection Act of 1979 and other applicable laws. The Contractor shall exercise care so as not to disturb or damage artifacts or fossils (should any be uncovered) during the excavation operations. Should the Contractor or any parties operating or associated with the performance of this contract discover evidence of possible scientific, prehistoric, historic or archaeological finds within the work limit lines or adjacent to work area shall immediately cease work at that location and notify the Contracting Officer, in accordance with USMA SOP 16-1. The Contractor shall provide the Contracting Officer with all information as to the specific location and nature of the findings. USMA SOP 16.1 will be furnished to the Contractor at the pre-construction meeting. The Contractor shall cooperate fully with the Contracting Officer in implementing the procedures of USMA SOP 16.1, except that all notifications by the Contractor shall be to the Contracting Officer and that all directions to the Contractor will be from the Contracting Officer. Where appropriate by reason of discovery, the contracting officer may order delays in time of performance or changes in the work or both. If such delays or changes are ordered, an equitable adjustment will be made in the contract in accordance with the applicable clauses of the contract.

1.20. Dispensary and Hospital Facilities: The facilities of the United States Military Academy Post Hospital are available for use by the Contractor only for the emergency treatment of his personnel injured at the job site. Charges to the Contractor for the use of said facilities will be at prevailing rates for the services provided and billing and payment will be made by separate transaction between the USMA Hospital and the Contractor.

1.21. Toilet Facilities: Portable toilets shall be located as directed by the Contracting Officer's Representative. Upon completion of contract, all temporary toilet facilities shall be removed and any damage to the areas rectified.

1.22. Protection of Building and Contents: Any damage to existing structures and contents caused by the neglect of the Contractor, shall be repaired, restored, or replaced promptly by and at the expense of the Contractor. As a precaution to protect the contents of buildings, the Contractor is required to secure the work area at the end of the workday, by the use of an approved means, which shall be submitted to the Contracting Officer Representative for approval prior to work.

1.23. Coordination: It shall be the responsibility of the prime Contractor to be fully informed of the extent of the limits of work to be performed by his sub-contractors. The prime Contractor shall coordinate and be responsible for all coordination of various trades and work. In addition, all work shall be coordinated with the Contracting Officer Representative for multiple projects in the vicinity of work. The Contractor shall cooperate with the coordination efforts.

1.24. Environmental Responsibility: West Point is committed to a safe environment and take our steward role as defenders of the National Treasure and Hudson Watershed seriously. Contractors are expected to comply with all environmental requirements. Immediate actions shall be taken by the Contractor to minimize the effect of any environmental associated incidents (e.g. oil spillage, hazardous waste handling, and chemical spillage). Clean up shall be performed by the contractor in accordance with all-applicable Federal, State, and local laws and regulations.

1.24.1. Contractor Incident Reporting Requirements: If an incident occurs on the installation pursuant to Contractor performance, whether or not caused by the Contractor, the Contractor shall immediately notify (no later than 15 minutes) USMA Environmental Management Office at 938-3224/, 5041, or 5175, and the Contracting Officer Representative. If a project related incident occurs off the installation, the Contractor shall report it to the National Response Center (NRC), the Installation Coordinator, and the Contracting Officer Representative immediately following discovery and shall also comply with applicable State requirements including reporting to the New York State DEC Spill Hotline at 800-457-7362, and USTNRC at 800-424-8802. When an incident is reported by phone to any of the above agencies, the Contractor shall provide the following information:

Description of Incident Time and Location of incident Any injuries incurred Estimated quantity of materials (tons, gallons, drums, etc.) involved in incident.

Whether the incident has reached any storm drains, sanitary sewers, ponds, or waterways.

Containment procedures already initiated (brief description of containment, i.e. booms, pads, embankments, sandbags).

The Contractor’s Point of contract.

A written follow-up report shall be submitted to the Contracting Officer no later than five (5) calendar days after the initial incident. The written report shall be in a narrative form and as a minimum include the following:

Description of the material involved (including identifies, quantity, and manifest number).

What time the incident was reported, and to whom it was reported.

Exact Location of the incident, including description of the area involved.

Cause of incident and equipment and personnel involved.

Injuries or property damage of incident.

Containment procedures initiated.

Summary of any communications Contractor has with press, agencies, or Government officials other than the COR.

Description of cleanup procedures employed or to be employed at the site, including disposal location of incident materials.

A follow-up meeting will be held within 5 calendar days after receipt of the written report to discuss after action procedures to eliminate or prevent this type of incident in the future. The Contractor shall attend the follow-up meeting.

The reporting requirement is in addition to any other environmental related actions, notices, reports, certifications or compliances required by other contract clauses or provisions or by federal, state or local law.

1.25. EPA, NYDEC, or NYDOH Inspection: The Contractor shall immediately inform the Environmental Management Division (EMD), Directorate of Public Works, West Point through the Contracting Officer or the Contracting Officer's Representative when the United States Environmental Protection Agency (EPA), and/or the New York Department of Environmental Conservation (NYDEC) and/or the New York Department of Health (NYDOH) inspector visits the site for an official inspection.

1.26. Digging Permit:

1.26.1. All penetration/excavation of the surface at West Point must be approved with a Dig-Safe Permit! Dig-Safe Permits will include a map showing the "Excavation Area" and specific landmark indicators in the excavation area (building, road, sidewalk, etc). Upon submission of the dig-safe permit, it is the responsibility of the requestor to Pre-Mark the excavation area in "White". This policy is established at West Point to comply with Occupational Safety and Health Administration (OSHA) standard 29 CFR 1926.651(b)(1-3). This policy is in compliance with the "Underground Facilities Protective Organization" (UFPO). Excavators are reminded that compliance with all sections is required during the excavation period.

1.26.2. Request for Dig-Safe permits shall be sent/delivered to the Operations and Maintenance Division (O&M) Chief's Office. Normal procedures require 10 workdays prior notice in order to approve a Dig-Safe permit and allow the marking of utility locations.

1.26.3. DPW personnel will mark the APPROXIMATE location of utilities in the area of the proposed work at least 3 workdays prior to the planned excavation date. It is the responsibility of the requestor to maintain the markings after the planned excavation date. In the event these markings are damaged or washed-off and the requestor is unsure of the markings locations, the requestor must contact the O&M Office at extension 2818. Since markings are approximate, excavation must be performed with due care. When excavating in areas adjacent to marked utilities, only hand excavation will be acceptable.

1.26.4. In the event that any utility line is damaged, all excavation will stop, and the O&M (extension 2818) and the Contracting Officer Representative will be contacted immediately. The U&FD will take appropriate action to effect safe repair. If utility lines are uncovered which were not identified in the Dig-Safe, the U&FD will be contacted, a determination will be made as to which utility is involved and whether the lines are active or abandoned. When an unknown line is uncovered, it will be treated as "live" until determined otherwise.

PART 2

DEFINITIONS & ACRONYMS

2. General: The following definitions and acronyms apply to this PWS.

2.1 Definitions: The following definitions apply to this PWS.

2.1.1 Activity-Based Schedule: Activities and milestones defined at the detail level and logically sequenced to support, and manage completion of the performance objectives.

2.1.2 Contractor Administrator: The official Government representative delegated authority by the Contracting Officer to administer a contract. This individual is normally a member of the appropriate Contracting/Procurement career field and advises on all technical contractual matters.

2.1.3 Contractor: A supplier or vendor awarded a contract to provide specific supplies or services to the Government. The term used in this contract refers to the prime.

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

2.1.5 Contracting Officer 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.

2.1.6 Defective Service: A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.7 Deliverable: Documentation or data that support the completion of milestones or achievement of the performance objectives identified in this PWS.

2.1.8 Government-Furnished Property (GFP): Property in the possession of the Government made available to the Contractor to use on this contract.

2.1.9 Key Personnel: Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.10 Milestones: Significant events or activities that occur in the course of the Contractor achieving the performance objectives identified in this PWS.

2.1.12 Physical Security: Actions that prevent the loss or damage of Government property.

2.1.13 Quality Assurance: The Government procedures to verify that services being performed by the Contractor are acceptable in accordance with established standards and requirements of this contract.

2.1.14 Quality Assurance Specialist: An official Government representative concerned with matters pertaining to the contract administration process and quality assurance/quality control. Acts as technical advisor to the Contracting Officer in these areas.

2.1.15 Quality Assurance Surveillance Plan (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.16 Quality Control: All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.17 Subcontractor: One that enters into a contract with a prime contractor. The Government does not have privities of contract with the Subcontractor.

2.1.18 Work Day. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.19 Work Week: Monday through Friday, except for Federal holidays unless specified otherwise.

2.2. Acronyms: The following acronyms apply to this PWS.