W911SD-19-R-0092_Solicitation_Amended_DRAFT_FINAL_Transfer_Station_Closure.pdf

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Closure of West Point Municipal Solid Waste Transfer Station
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W911SD-19-R-0092
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SEE ADDENDUM

(No Collect Calls)

W911SD19R0092 22-May-2019

b. TELEPHONE NUMBER

845-938-3120

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 12 Jun 2019

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

0011324985

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 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$15,000,000

NAICS:

541620

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 OF82

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.

W911SD19R0092

Section SF 30 - BLOCK 14 CONTINUATION PAGE

FAR 52.237-1 ADDENDUM

SITE VISIT

Solicitation # W911SD-19-R-0092 Description: West Point Transfer Station Closure A site visit is scheduled for Monday, June 3, 2019 at 10:00AM SHARP!

IT IS SUGGESTED TO ATTEND

Attendees must RSVP via EMAIL on or before Friday June 01, 2019 at 1500 (3:00PM) with the name(s) and number of persons attending.

Send RSVP's to:

david.l.ariosto.civ@mail.mil / Ignacio.j.cordova2.civ@mail.mil

We will assemble at 681 Hardee Place, BLDG 681, First Floor, lobby by the elevator, at 09:45 AM.

Then, we will depart to the site visit.

We may have to drive, TRANSPORTATION IS A MUST!

Please reference Solicitation # W911SD-19-R-0092 Site Visit in the Email subject line.

****If you DO NOT have a Department of Defense (DoD) issued identification card (CAC), then you must obtain a Local Area Credential (LAC) screening by filling out the Local Area Credential Request Form (USMA Form 13-16) attached to this email.****

Please BRING and SUBMIT the completed LAC form to the U.S. Army West Point Visitor Control Center, located 2107 New South Post Road, West Point, New York, 10996, Telephone: (845) 938-0390, the day of the Site Visit.

Give yourself at least 30 to 60 extra minutes for this process

West Point Local Area Credential Application (TEXT FORMAT)

Local Area Credential Requested: __ Alumni __ Guest __ Contractor __ Delivery

Administrative Data

Last Name:

First Name:

MI:

Gender: __ Male__ Female __ Other

SSN:

Driver’s License Number:

State:

Current Street Address:

City: State:

Zip Code:

Phone Number:

Email Address:

Height:

Weight:

Hair Color:

Eye Color:

Contractor/Sponsor Information

Project/Contract:

Employer: Supervisor:

Sponsor Information:

COR:

COR Phone Number:

COR Email Address:

Criminal History

Have you been convicted of a crime in the past 10 years: Yes __ No __ Don’t Know

If Yes, what type: __ Misdemeanor __ Felony __ Other

__ Don’t Know

If Yes, explain:

For Administrative Use Only

Received By:

Received Date:

NCIC Date:

NCIC Request #:

Badge Issued: Yes __ No__ If No Why:

If Yes- Issue Date: Expiration Date: Badge #:

Privacy Act Statement Authority HSPD-12:

Principal Purpose: to record names, signatures and other identifiers for the purpose of validating he trustworthiness of individuals requisition access to West Point, New York. Records may be maintained in both electronic and paper form.

Routine Uses: None Disclosure: Disclosure of the information is voluntary however, failure to provide any of the requested information my impede, delay or prevent further processing of this request. USMA Form 13-16

Section SF 1449 - CONTINUATION SHEET

FAR 52.212-1 ADDENDUM

Subject: Addendum to Criteria FAR 52.212-1(b) Instructions to Offerors

W911SD-19-R-0092

In accordance with FAR (Federal Acquisition Regulations) 52.212-1, the Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

Failure to follow these instructions will result in exclusion of a company’s quote from the solicitation process.

The Government shall not be liable for any lost or misdirected proposal.

In order to be considered, please provide:

1. Please submit Page 1(one) of solicitation properly filled out with what applied to the company (Name, Address, Telephone, email, DUNS, Cage Code, POC, etc.)

2. Please submit Current and valid State Environmental Engineering Credentials, New York State Professional Engineering Endorsement (NYPE) granting authority to both; sign, seal engineering plans, reports, and documentation pertaining to environmental engineering.

3. Provide current valid GSA Contract, associated with Environmental Consulting Services, NAICS Code 541620.

FAR 52.212-2 ADDENDUM

FAR 52.212-2 ADDENDUM EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Evaluation Factors for Award

a. Basis for Contract Award. This is a best value source selection conducted in accordance with Federal Acquisition Regulation (FAR) 13, Simplified Acquisition Procedures, as supplemented by the Defense Federal Acquisition Regulation Supplement (DFARS), and the Army Federal Acquisition Regulation Supplement (AFARS).

The test program authorized under FAR Subpart 13.5 is applicable to this acquisition. Award will be made to a single offeror who is deemed responsible in accordance with the Federal Acquisition Regulation (FAR), whose proposal is technically acceptable, conforms to the solicitation requirements, and whose quote, judged by an overall assessment of the evaluation criteria and other considerations specified in this solicitation, represents the lowest price.

b. Award for All of the Work. The Government intends to award one (1) contract as a result of this solicitation.

Offerors received for less than the stated number of items listed in the Price Schedule will be considered ineligible for award. As set forth in FAR 52.212-1 (g), the Government intends to evaluate proposals and award a contract without discussions with offerors. Therefore, the offerors initial proposal should contain the offerors best terms from a price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

c. Evaluation Criteria. Evaluation criteria consist of factors. The quotes will be evaluated under three (3) evaluation factors: Mission Capability, Past Performance, and Price.

Factor 1 – Mission Capability Factor. The Mission Capability Factor will receive one of the ratings defined below.

Table 1. Mission Capability Acceptable/Unacceptable Ratings Rating Description Acceptable Quote clearly meets the minimum requirements of the solicitation.

Unacceptable Quote DOES NOT clearly meet the minimum requirements of the solicitation.

In order to receive an acceptable rating, the mission capability factor submissions must demonstrate (1) experience in same or similar magnitude and complexity outlined in the PWS (2) ability to obtain, maintain the equipment and personnel to adequately support the effort outlined in the PWS.

At a minimum, Offerors’ quotes are to include:

Current and valid State Environmental Engineering Credentials, New York State Professional Engineering Endorsement (NYPE) granting authority to both; sign, seal engineering plans, reports, and documentation pertaining to environmental engineering.

Factor 2 – Past Performance. The Past Performance Factor will receive one of the ratings defined below.

Table 1. Past Performance Evaluation Ratings Rating Description Acceptable Based on the offerors performance record, the

Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror performance record is unknown.

Unacceptable Based on the offerors performance record, the

Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

In order to receive an acceptable rating, the Past Performance submissions must show evidence of successfully performing work same or similar to the work outlined in the PWS or meet the criteria for “unknown” record of past performance. Offerors without a record of relevant past performance, the offeror may not be evaluated favorably or unfavorably on past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.” Past Performance must be both recent and relevant. To be recent, the effort must be ongoing or must have been performed during the past three (3) years from the date of issuance of this solicitation.

To be relevant, the effort must be similar in nature of work, size, and complexity.

Factor 3 – Price. Price will not be scored or rated. Evaluation of price will be performed using one or more of the price analysis techniques in FAR 13.106-3(a). Through these techniques, the Government will determine whether prices are reasonable.

PWS

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

Contract Service Requirement Acceptance Criteria CLIN0001 – Project Management Plan. Achieve an accepted Draft PMP within 30 days of award, Final PMP within 15 days of COR comments.

Army approval through the COR

CLIN0002 – Work Plans. Achieve accepted Work Plans within 6 months of award.

Army approval through the COR and Regulator concurrence (i.e. written documentation confirming regulatory acceptance)

CLIN0003 – Closure Plan/Closure Investigation Report. Achieve an accepted Closure Plan/Closure Investigation Report within 12 months of contract award.

Army approval through the COR and Regulator concurrence (i.e. written documentation confirming regulatory acceptance)

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:

(a) Define the roles and responsibilities of participating Government officials;

(b) Define the types of work to be performed with required end results;

(c) Document the evaluation methods that will be employed by the Government in assessing the 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;

(e) Describe the process of performance documentation; and

(f) Outline quality assurance procedures to be employed by the Government during performance to confirm that work is conducted according to accepted standards.

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:

New Years Day 1st day of January Martin Luther King Jr.'s Birthday 3rd Monday of January Presidents Day 3rd Monday of February Memorial Day Last Monday of May Independence Day 4th day of July Labor Day 1st Monday of September Columbus Day 2nd Monday of October Veterans Day 11th day of November Thanksgiving Day 4th Thursday of November Christmas Day 25th day of December

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. DOD Level I Antiterrorism (AT) Standards Clause

(a) Pursuant to Department of Defense Instruction Number 2000.16, “DoD Antiterrorism (AT) Standards,” dated October 2, 2006, each contractor employee requiring access to a Federally-controlled installation, facility and/or Federally-controlled information system(s) shall complete Level I AT Awareness Training on an annual basis and receive a certificate of completion. The training is accessible from any computer and is available at http://jko.jten.mil/ follow the below instructions:

1. Click – ENTER JKO

2. Click – OK for DoD Warning Banner

3. Click – DOD CAC or No DOD CAC

4. Next click - I am a U.S. mil, government civil servant, or contract employee

5. Next click - I've been directed to take required training on JKO

6. Next click - Courses

7. I do not have a .MIL, .GOV, or .NDU.EDU address or I am a Multi-National Student

8. Fill out the contact sheet and email to sponsor (COR)

9. Sponsor (COR) will email to the JKO help desk

The COR and contractor are responsible for ensuring that all applicable employees 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 and the Contracting Officer’s Representative (if appointed) within five working days after contract award or prior to access to a Federally-controlled installation or information system.

(b) In the event that the automated system is not available (e.g., server problems), Level I AT Awareness Training can be provided by a qualified instructor. However, if the training is not completed online, the Level I AT Awareness Instructor qualification must be coordinated with the Installation Antiterrorism Officer (or Installation Security equivalent) and the resultant name(s) of approved instructors shall be provided the contracting officer or designee along with all associated cost or schedule impacts to the contract.

(c) Antiterrorism performance (Level I AT Awareness Training attendance and compliance) may be documented as a performance metric under the resultant contract, and be part of past performance information in support of future source selections.

Identification for Contractor personnel The company will have a law enforcement background and NCIC check completed for all employees who will be entering Army-controlled installations or facilities (central area/Restricted area). Documentation of these checks will be made available to the COR upon request. The company will provide to the COR, ten days in advance of the event, names and Social Security numbers of all employees who will be entering Army-controlled installations or facilities. The company will ensure that its employees entering Army-controlled installations or facilities have obtained access badges and passes (if required) in accordance with facility regulations and that these badges and passes are obtained in advance so as not to delay the accomplishment of contracted services. The company will return all issued U.S. Government Common Access Cards, installation badges, and/or access passes to the COR when the contract is completed or when a contractor employee no longer requires access to the installation or facility.

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 15 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.

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