Performance_Work_Statement.pdf

PERFORMANCE WORK STATEMENT (PWS)

Laboratory Analysis

PART 1

GENERAL INFORMATION

1. GENERAL: This is a non-personal services contract to provide collection and laboratory analysis to determine constituents of various environmental samples to comply with Federal, State, and local regulations. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn, is responsible to the Government.

1.1 Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform sample collection and laboratory analysis as defined in this Performance Work Statement, except for those items specified as government furnished property and services. The Contractor shall perform to the standards in this contract.

1.2 Background: The Fort Jackson Environmental Division (ENV) requires sampling and analysis of various media including, but not limited to, soil, surface water, groundwater, building materials, waste streams, unknown substances, etc. on an as-needed basis. The number of samples and required analyses varies annually.

1.3 Objectives: This contract shall provide for the accurate and timely analysis of environmental samples collected from facilities on Fort Jackson by ENV or Contractor personnel in accordance with all appropriate rules and regulations and industry standards.

1.4 Scope: The Contractor shall provide personnel and all necessary equipment and materials to perform accurate and timely sampling and analysis of liquid, solid, semi-solid, or sludge samples collected by the Contractor or government personnel in accordance with Federal, State, and local environmental and laboratory regulations. Services include, but are not limited to, hazardous waste analysis, soil analysis, wastewater and drinking water analysis. The Contractor shall also provide the analytical results and include required quality assurance/quality control (QA/QC) data.

1.5 Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and four (4) 12-month option years.

1.6 General Information

1.6.1 Quality Control: The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with South Carolina Department of Health and Environmental Control (DHEC) standards for laboratories and this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. The Contractor shall submit a comprehensive, written quality control plan (QCP) to the contracting officer (KO) and contracting officer representative (COR) within 30 days after award of the contract. Any changes made thereafter will be submitted to the KO and COR within 5 working days. After acceptance of the QCP, the Contractor shall receive the KO’s acceptance in writing of any proposed change to his QC system.

1.6.2 Quality Assurance: The government shall evaluate the Contractor’s performance under this contract to ensure that the Contractor has performed in accordance with the minimum standards.

1.6.3 Recognized Holidays: Sample collection will normally not be required on holidays.

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

1.6.4 Hours of Operation: The Contractor is responsible for conducting business between the hours of 7:30am to 4:30pm Monday through Friday, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the Contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.5 Place of Performance: The work to be performed under this contract will be performed at Fort Jackson and surrounding community and DHEC certified laboratories.

1.6.6 Type of Contract: The government will award an Indefinite Deliverable Indefinite Quantity Requirements contract.

1.6.7 Security Requirements: Contractor personnel performing work under this contract must go through the Contractor Vetting process, shown under Technical Exhibit 3, at time of the proposal submission, and must maintain the level of security required for the life of the contract.

1.6.7.1 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.

1.6.7.2 Key Control: N/A

1.6.7.3. Antiterrorism (AT)/Operations Security (OPSEC)

1.6.7.3.1 AT Level 1 Training: 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 calendar days after contract start date. The Contractor shall submit certificates of completion for each affected Contractor employee and Subcontractor employee, to the COR or to the KO, if 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:

http://jko.jten.mil.

1.6.7.3.2 Access and General Protection/Security Policy and Procedures: Contractor and all associated Subcontractors employees shall 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 Department of Defense, Department of the Army, and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition change, the Government may require changes in Contractor security matters or processes.

Contractor and all associated Subcontractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index and Terrorist http://jko.jten.mil/

Screening Database; applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative).

1.6.7.3.3 iWATCH Training: The Contractor and all associated Subcontractors shall brief all employees on the local iWATCH program (training standards provided by the KO or COR). 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 the contract award and within 5 calendar days of new employees commencing performance with the results reported to the COR no later than 30 calendar days after contract award.

1.6.7.3.4 Access to Government Information Systems: N/A

1.6.7.3.5 Operational Security (OPSEC) Standing Operating Procedure/Plan: N/A

1.6.7.3.6 OPSEC Training: Per AR 530-1, Operations Security, the Contractor employees must complete annual Level 1 OPSEC awareness training. New employees must be trained within 30 calendar days of their reporting for duty. OPSEC awareness training is available at the following website:

http://cdsetrain.dtic.mil/opsec/indes.htm.

1.6.7.3.7 Information Assurance (IA)/Information Technology (IT) Training: N/A

1.6.8 Special Qualifications: The laboratory must be certified by DHEC to perform all requested analyses.

1.6.9 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The KO, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the KO will apprise the Contractor of how the government views the Contractor's performance and the Contractor will apprise the Government of any problems being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.6.10 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: request sampling and/or analysis, assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, specifications; monitor Contractor's performance and 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.

1.6.11 Key Personnel: The Contractor shall provide a Project Manager who shall be responsible for the performance of the work and have full authority to act for the Contractor on all contract matters relating to performance of this contract. The name and telephone number of this person and an alternate shall be provided in writing to the KO and COR upon contract award and within 5 working days of any changes.

1.6.12 Identification of Contractor Employees: All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or http://cdsetrain.dtic.mil/opsec/indes.htm reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed. Contractor personnel are not required to obtain badges for performance of this service.

1.6.13 Contractor Travel: N/A

1.6.14 Other Direct Costs: N/A

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

1.6.16 Organizational Conflict of Interest: Contractor and Subcontractor personnel performing work under this contract may receive, have access to, or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the KO to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO. In the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.6.17 PHASE IN /PHASE OUT PERIOD: N/A

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

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

2.1.2. 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.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the KO 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.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

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

2.1.6. 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.

2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

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

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

2.1.12. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

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

2.2. ACRONYMS:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement

AR Army Regulation CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DHEC Department of Health and Environmental Control DMDC Defense Manpower Data Center DOD Department of Defense EPA Environmental Protection Agency ENV Environmental Division FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer NIST National Institute of Standards and Technology NVLAP National Voluntary Laboratory Accreditation Program OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PIPO Phase In/Phase Out PLM Polarized Light Microscopy POC Point of Contact PACM Presumed Asbestos Containing Material PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit TEM Transmission Electron Microscopy

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: The Government will provide environmental samples for analysis.

3.2 Facilities: N/A

3.3 Utilities: The Government will provide electric and water services needed for sample collection, if available.

3.4 Equipment: N/A

3.5 Materials: N/A

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

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

4.2 Secret Facility Clearance: N/A

4.3. Materials: The Contractor shall furnish all materials and supplies necessary to meet the requirements under this PWS including, but not limited to, chain-of-custody forms, sample bottles/containers and labels, sample preservatives, and shipping containers and forms (if applicable). All sample containers and preservatives will conform to the requirements in the current EPA-approved edition of Standard Methods for the Examination of Water and Wastewater and Hazardous Waste Test Methods (SW 846) for the specific type of sample and analysis requested by the government.

4.4. Equipment: The Contractor shall provide all sampling supplies and all laboratory equipment needed to analyze the environmental samples and meet the requirements under this PWS. The samples shall include, but are not limited to, used oil, suspected solid and liquid hazardous waste, water, and unknown liquids and solids. Additional types may be added based on future needs and requirements.

4.5. Location: The Contractor’s laboratory shall be located less than one hour driving time from Fort Jackson so as not to exceed sample holding times and to be readily available for field analysis and sample collection if required.

DoD Admin Address para numbering

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services. The Contractor shall provide all personnel, management, direct oversight, quality control, and any other items and services (not government furnished) necessary to collect, transport, and analyze various environmental samples from the ENV at Fort Jackson, SC. Work will also include the disposal of all samples and the submission of complete reports of the laboratory test results, including all QA/QC test results. The Contractor shall perform all work identified in this PWS to the commercial business standards, commercial industry standards, manufacturer’s recommendations and specifications, and all terms, conditions and specifications contained here and elsewhere in the contract. The Contractor will comply with all applicable federal and state regulations including, but not limited to, the South Carolina Department of Health and Environmental Control (DHEC) Environmental Laboratory Certification Regulation 61-81.

5.2. Task 1 – Sample Collection: The contractor shall collect samples upon request and follow all applicable Environmental Protection Agency (EPA) standards for environmental sample collection. During sample collection the contractor shall ensure appropriate sample containers are used for the requested analysis and take precautions to eliminate cross contamination between samples. The contractor shall ensure samples are properly labeled and chain-of-custody documents are accurately completed.

5.3 Task 2 – Sample Pick-up: The Contractor shall arrange for the pick-up of all routine samples so as not to exceed holding time. For samples that have a holding time of 24 hours or less for analysis, the courier must pick up the same day the samples are collected no later than 4:00 p.m. in order to not exceed the holding time. The Contractor shall provide all materials and information (e.g. account numbers, coolers) needed to properly ship any and all environmental samples.

5.4 Task 3 – Sample Analysis: The Contractor shall perform all sample analyses using methods approved by the EPA and DHEC and ensure that the laboratory meets all state and federal requirements. In addition to the laboratory being DHEC certified, the laboratory must also be certified with DHEC for each specific method of analysis. Many but not all of these are documented in the publication Standard Methods for the Examination of Water and Wastewater and Hazardous Waste Test Methods (SW 846). The laboratory shall perform all tests in conformance with the most current standards and the requirements of DHEC’s State Environmental Laboratory Certification Program R.61-81. Deviations require prior approval by the COR. Analysis includes, but is not limited to, BOD, BTEX, Explosives, Field pH, Flash Point, Haloacetic Acids (HAA5), Metals (8 RCRA), Metals (Appendix 9), Metals (Individual), Oil & Grease, PCBs, pH, Polynuclear Aromatic Hydrocarbons, Priority Pollutant Metals, Reactivity (CN, Sulfide), Semivolatile Organic Compounds (SVOCs), TCLP (RCRA Metals, Organics, Pesticides), Total Organic Carbon, TSS, Total Trihalomethanes (TTHM), TPH, and Volatile Organics. Any sample requiring pH to be analyzed in the field shall be analyzed within 15 minutes of collection. The Contractor shall properly dispose of all remaining sample materials when they are no longer required.

5.5 Task 4 (Option) - Asbestos Analysis: The Contractor shall analyze bulk samples of presumed asbestos containing material (PACM) using an EPA approved method for Polarized Light Microscopy (PLM) to determine asbestos content. Samples of non-friable organically bound materials shall also be analyzed by an EPA approved method for Transmission Electron Microscopy (TEM). The laboratory performing the analyses shall be accredited by the National Institute of Standards and Technology (NIST) or the National Voluntary Laboratory Accreditation Program (NVLAP).

5.6 Task 5 – Reporting of Results: The Contractor shall submit a detailed report of all test results for the respective analysis. The report shall include the laboratory name, address, DHEC laboratory certification number, analyses, sample name, result, analysis method, reporting limit, applicable qualifier, units, batch ID, dilution factor, date analyzed, analyst, all QA/QC test results such as blanks and standards, and Chain of Custody forms. The report shall be submitted electronically by e-mail in a pdf or other acceptable format. The laboratory shall submit reports within 10 business days for standard analysis and one to three business days for expedited analysis as requested. These reports shall be submitted electronically to the following e-mail addresses:

lisa.a.mcknight11.civ@mail.mil barbara.s.williams38.civ@mail.mil

5.7 Performance Standards: The Contractor shall submit a paper copy of each certificate of accreditation for their laboratory and any other laboratories used as Subcontractors along with their bid package and on an annual basis. Proof of accreditation is based on an environmental testing laboratory’s conformance to the most current standards adopted by DHEC’s State Environmental Laboratory Certification Program R.61-81. If the Contractor, their environmental testing laboratory, or any sub-contracted laboratories lose or fail to maintain proper accreditation including certification for specific methods, they must notify the KO and COR immediately, but no later than 5 working days after their discovery of the loss of that accreditation.

5.8 CONTRACTOR MANAGEMENT REPORTING (CMR): The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the Contractor shall report ALL Contractor manpower (including Subcontractor manpower) required for performance of this contract. The Contractor shall completely fill in all the information in the format using the following web address https://Contractormanpower.army.pentagon.mil. The required information includes: (1) Contracting Office, Contracting Officer, Contracting Officer’s Technical Representative (COTR) or also known as the Contracting Officer’s Representative (COR); (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor's name, address, phone number, e-mail address, identity of Contractor employee entering data;

(5) Estimated direct labor hours (including sub-Contractors); (6) Estimated direct labor dollars paid this reporting period (including sub-Contractors); (7) Total payments (including sub-Contractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by Contractor (and separate predominant FSC for each sub-Contractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the Contractor with its UIC for the purposes of reporting this information); (11) Locations where Contractor and sub-Contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language; and (13) Number of Contractor and sub-Contractor employees deployed in theater this reporting period (by country). As part of its submission, the Contractor shall provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period shall be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a Contractor’s system to the secure website without the need for separate data entries for each required data element at the website. The specific formats for the XML direct transfer may be downloaded from the website.

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

6.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures including:

• 40 Code of Federal Regulations (CFR) 136, Guidelines Establishing Test Procedures for the Analysis of Pollutants

• 40 CFR 261, Identification and Listing of Hazardous Waste

• 40 CFR 763, Asbestos

• SW 846, U.S. EPA, Test Methods for the Evaluation of Solid Waste, Physical/Chemical Methods

• South Carolina Environmental Laboratory Certification Regulation 61-81

• South Carolina Hazardous Waste Management Regulation R.61-79.261, Identification and Listing of Hazardous Waste

• South Carolina Asbestos Regulation R.61-86.1, Standards of Performance For Asbestos Projects

• Standard Methods for the Analysis of Water and Wastewater

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. Attachment/Technical Exhibit List:

7.1. Attachment 1/Technical Exhibit 1 – Performance Requirements Summary

7.2. Attachment 2/Technical Exhibit 2 – Deliverables Schedule

7.3 Attachment 3/Technical Exhibit 3 – Fort Jackson Contractor Vetting Policy

TECHNICAL EXHIBIT 1

PERFORMANCE REQUIREMENTS SUMMARY

The Contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective

0BStandard Performance Threshold

Method of Surveillance

PRS # 1

The Contractor shall provide all materials and supplies necessary to collect samples. (5.1, 5.2)

The Contractor provided all material necessary to collect samples and at the frequency required.

No deviation from standard

100% Inspection

PRS # 2

The Contractor shall arrange for the pick-up of samples in the specified time period. (5.3)

The Contractor picked up samples so that holding time was not exceeded.

No deviation from standard

100% Inspection

PRS # 3

The Contractor will perform sample analysis in a certified laboratory using methods approved by the EPA and

DHEC. (5.4, 5.5)

The Contractor provided certified laboratory analysis for all samples collected.

No deviation from standard

100% Inspection

PRS # 4

The Contractor shall submit a detailed report of all test results within the specified turnaround time. (5.6)

The Contractor provided submittals in the format and timeframe required.

(5.5)

No deviation from standard

100% Inspection

PRS # 5

The Contractor shall submit proof of DHEC certification and method certification annually. (5.7)

The Contractor provided a copy of annual DHEC certification

No deviation from standard

100% Inspection

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

Deliverable Frequency # of Copies Medium/Format Submit To AT/OPSEC Training Certificates and Attendance Sheets (1.6.7.3.1, 1.6.7.3.3, 1.6.7.3.6)

Once

One

Electronic Copy

COR

Detailed laboratory Report (5.6)

After each sampling event

One Electronic Copy COR and personnel listed in §4.7

TECHNICAL EXHIBIT 3

FORT JACKSON CONTRACTOR VETTING POLICY

SUBJECT: Fort Jackson Contractor Vetting Policy

1. PURPOSE. This policy establishes procedures and responsibilities for the standardization vetting program for Contractor employees who work on Fort Jackson and who are authorize a DoD Common Access Card (CAC). In accordance with reference 1.a. and 1.b., this policy implements measures to maintain positive control of Contractors within the installation. This policy also ensures Contractors are in compliance with reference 1.c. and employ only authorized workers whose identity can be validated.

2. POLICY.

a. All Contractors on Fort Jackson will be badge under the Contractor Verification System (CVS) program (using a CAC badge) or under the DES Standardized Contractor ID vetting program. Contractors performing work on Fort Jackson for a period 30 days or less, or Contractors who have forgotten their badge at home, can receive a temporary badge under the DES Standardized Contractor ID vetting program.

b. All garrison, mission, and tenant government organizations on Fort Jackson.

(1) Provide contract data of prime and Subcontractors for any contracts you have to the DES contactor Vetting Office supervisor using the Excel Spreadsheet sample format (enclosure 1) by e-mail.

(2) All primary and Subcontractors should be aware of the Immigration Customs enforcement (ICE) Mutual Agreement between government and employers (IMAGE) Program (enclosure 2).

c. Fort Jackson Directorate of Emergency Services (DES).

(1) Establish a program to vet contract personnel on Fort Jackson who are not authorized a DoD common access card under the CVS program.

(2) Establish a process to verify Contractor employee vital information required to confirm their identity (enclosure 4).

(3) The DES Vetting Office will contact the prime Contractor POC as listed on the contract data by e-mail when verification process has been completed to schedule a date and time for badges to be issued. If no e-mail address is listed for the prime Contractor, the COR will be notified.

(4) Maintain a current list of all prime and Subcontractors currently performing work on Fort Jackson.

(5) Provide a fixed site vetting processing capability located in Bldg 4394.

d. Contractors.

(1) All prime Contractors must provide a letter requesting contactor badges (enclosure 3 & 4) signed by a designated representative from the company listing all employees who require access to Fort Jackson.

A separate letter will be submitted for each subcontractor. The letters will be provided to the Contracting Officer’s Representative (COR) who is responsible for providing this information to the DES Vetting Office. Requested contract data is to be e-mailed __(COR will be designated prior to contract award)__, or faxed to ____TBD at time of award)_____ with a cover sheet indicating it was sent from the COR. The letter will list the last name, first name, middle initial, social security number of the employee, and have as attachments the E-Verify status and criminal check. Badge request will be kept on file for 90 days from the date the request is received. A new request will be required for any individual that has not received their badge within ninety days.

(2) The Contractor is responsible for collecting badges from employees and returning those to the DES Vetting Office once the employee ceases to work on the contract. The Contractor will notify the DES Vetting Office when a badge is lost or cannot be recovered from the employee. In the event a badge is lost, the prime Contractor will provide a request for replacement badge (enclosure 5) to the DES Vetting Office by e-mail or fax. It is understood this is difficult, but the Contractor will make a best effort to obtain the badge and provide a document of his efforts to the COR and the Vetting Office.

(3) It is the Contractor’s responsibility to provide arm bands or other special means to display ID badge so that the badge would interfere with safety or the performance of duty.

(4) Contractors are required to verify all social security numbers for their employees prior to submitting the letter to the government COR. One recommended system for social security number verification is the Social Security Administration web based system at:

http://www.ssa.gov/employer/ssnv/htm. Refer to the step-by-step instructions for registering.

e. Badges.

(1) Can serve as a form of ID while on Fort Jackson for accessing the installation.

(2) Will be issued for the length of the contract, plus any additional time requested by the COR (not to exceed four years). If a contract is extended, the COR will notify the DES Vetting Office of the new contract end date. The prime Contractor will be responsible for providing a list of names for all employees both prime and Subcontractors whose badges need to be extended to the COR who will forward the information to the DES Vetting Office. The badges will be reissued one week prior to the original expiration date.

(3) Badges will be displayed at all times, and may be attached or worn in any manner on the front torso, the right or left arm, or around the neck on the outer most garment so they are easily visible for inspection.

f. Legal Hiring by Individuals. Section 274A of the Immigration and Nationality Act (enclosure 6) provides detailed procedural requirements employers must follow before hiring any individual. All employers, regardless of the size of their respective business, must verify the identity and work authorization of every new hire, citizen, or alien. This includes reviewing documents which establish the employee’s legal identity and his/her eligibility to be employed in the United States. If the employee is being hired for three or fewer days, verification must be done immediately when employment commences.

g. Non-compliance. Contractor employees found without badges can be escorted to post boundaries, and referred to the COR. Violations could form the basis for adverse contract action under the rights and remedies of the contract term and conditions.

3. PROPONENT. Directorate of Emergency Services, Physical Security, at

(803) 751-2005.

http://www.ssa.gov/employer/ssnv/htm

IMFJ-ESP

SUBJECT: Fort Jackson Contractor Vetting Policy Enclosure 1

Sample Contractor Identification Data Elements for Spreadsheet

1. Contract Number

2. Contract Title

3. Contract Description

4. Contractor (company Name)

5. Period of Work – Start

6. Period of work – End

7. Prime or Subcontractor

8. Sub to Which Company

9. Name of Company Point of Contact

10. Company Phone Number w/ Area Code

11. Company Street address

12. City

13. State

14. ZIP

15. Company POC Email

16. Government ORG/Unit (Sponsor)

17. Contracting Officer Representative (COR) Name

18. COR Phone Number w/Area Code 19 COR Email

20. Administrating Contractor Office (ACA DOC of COE)

SUBJECT: Fort Jackson Contractor Vetting Policy Enclosure 2

Immigration Customs Enforcement (ICE) Mutual Agreement between Government and Employer (IMAGE) Program

1. It is highly desired all prime and Subcontractors working on Fort Jackson join the Department of Homeland Security (DHS) ICE Mutual Agreement between Government and Employers (IMAGE) Program and become IMAGE certified. A known vulnerability on Fort Jackson has been the presence of unauthorized aliens (undocumented workers) who have secured jobs by fraudulent means, including presentation of false documents, completion of fraudulent benefit applications, and theft of identities. To combat unlawful employment and reduce vulnerabilities that help illegal aliens gain employment, the Department of Homeland security (DHS) recently introduced the ICE Mutual Agreement between the Government and Employers (IMAGE) program. The goal is to assist employers in targeted sectors to develop a more secure and stable workforce and enhance fraudulent documentation awareness through education and training. The website for IMAGE is http:/www.ice.gov/partners/opaimage/

2. Upon enrollment and implementation of the DHS’s best hiring practices program participants will be deemed “IMAGE Certified”—a distinction DHS believes will become an industry standard.

3. All IMAGE participants gain membership to DHS’s Basic Pilot Employment Verification Program administrated by USCIS. Though this employee authorization verification program, employers can verify newly hired employees are eligible to work in the United States. The internet-based system is available in all 50 states and is currently free to employers. It provides an automated link to the Social Security Administration database and DHS immigration records. To sign up for participation in the Basic Pilot Employment Verification Program, visit the registration Web site http://www.is-dhs.com/EmployerRegistration/

4. For more information on the IMAGE Program, please visit the IMAGE FAQ page. You may request an information packet via the IMAGE Information Packet Request form.

http://www.is-dhs.com/EmployerRegistration/ http://www.is-dhs.com/EmployerRegistration/

SUBJECT: Fort Jackson Contractor Vetting Policy Enclosure 3

Sample Letter Requesting Contractor Badge

Company Name Company Address Company Phone Number Or can be printed on company letterhead

DATE

REQUEST THROUGH (Address to the COR)

FOR Directorate of Emergency Services, Contract Vetting Office, Fort Jackson, South Carolina

SUBJECT: Request for Contractor Badge

Request Contractor employee badges for the following personnel for access to Fort Jackson in support of ACA/DOC/COE contract number (enter the contract number), enter contract name), Fort Jackson, South Carolina. Start Date: mmddyy. End Date: mmddyy.

Last Name First Name MI SSN

I hereby certify all social security numbers have been validated, and where appropriate, immigration information validated through the Immigration and Customs Enforcement Agency (ICE). The employees understand failure to have a DES standard Contractor badge are grounds for removal from Fort Jackson, referral to the contracting officer, and possible issuance of a bar-letter prohibiting re-entry.

I certify none of the individuals listed above are employed by this company as a part of any prison or jail work release program or if they are, I am providing in a separate letter, attached hereto, the details concerning such individual’s participation in such program, including the nature of the crime or crimes for which the individual was convicted, the jurisdiction in which the conviction took place, the date of the conviction, the sentence imposed, the date the individual entered the work release program and the name of the correctional facility from which the individual was released to participate in the program. I understand the Government will make a separate determination on whether or not to issue a badge to such individuals.

SIGNATURE OF COMPANY REPRESENTATIVE

(Attachments must include the E-Verify and Enclosure 4 –NCIC Request)

Fort Jackson Contractor Vetting Policy Enclosure 4

REQUEST FOR NCIC CHECK

FULL NAME: ___________________________________________________________

AKA: __________________________________________________________________

DOB: __________________________________________________________________

DL # & STATE OF ISSUE: ________________________________________________

SSN: ___________________________________________________________________

REQUESTOR NAME & TITLE: ____________________________________________

REQUESTOR ORGANIZATION & TEL# :

SIGNATURE OF REQUESTOR:

DATE OF REQUEST: ____________________________________________________

REASON FOR REQUEST:

SUBJECT: Fort Jackson Contractor Vetting Policy Enclosure 5

INA: ACT 274A - UNLAWFUL EMPLOYMENT OF ALIENS

Sec. 274A. [8 U.S.C. 1324a]

(a) Making Employment of Unauthorized Aliens Unlawful.-

(1) In general.-It is unlawful for a person or other entity-

(A) To hire, or to recruit or refer for a fee, for employment in the United States an alien knowing the alien is an unauthorized alien (as defined in subsection (h)(3)) with respect to such employment, or

(B) (i) To hire for employment in the United States an individual without complying with the requirements of subsection (b) or (ii) if the person or entity is an agricultural association, agricultural employer, or farm labor Contractor (as defined in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act), to hire, or to recruit or refer for a fee, for employment in the United States an individual without complying with the requirements of subsection (b).

(2) Continuing employment.-It is unlawful for a person or other entity, after hiring an alien for employment in accordance with paragraph (1), to continue to employ the alien in the United States knowing the alien is (or has become) an unauthorized alien with respect to such employment.

(3) Defense.-A person or entity that establishes that it has complied in good faith with the requirements of subsection (b) with respect to the hiring, recruiting, or referral for employment of an alien in the United States has established an affirmative defense that the person or entity has not violated paragraph (1)(A) with respect to such hiring, recruiting, or referral.

(4) Use of labor through contract.-For purposes of this section, a person or other entity who uses a contract, subcontract, or exchange, entered into, renegotiated, or extended after the date of the enactment of this section, to obtain the labor of an alien in the United States knowing that the alien is an unauthorized alien (as defined in subsection (h)(3)) with respect to performing such labor, shall be considered to have hired the alien for employment in the United States in violation of paragraph (1)(A).

(5) Use of state employment agency documentation.-For purposes of paragraphs (1)(B) and (3), a person or entity shall be deemed to have complied with the requirements of subsection (b) with respect to the hiring of an individual who was referred for such employment by a State employment agency (as defined by the Attorney General), if the person or entity has and retains (for the period and in the manner described in subsection (b)(3)) appropriate documentation of such referral by that agency, which documentation certifies that the agency has complied with the procedures specified in subsection (b) with respect to the individual's referral.

(6) Treatment of documentation for certain employees.-

(A) In general. - For purposes of this section, if-

(i) An individual is a member of a collective-bargaining unit and is employed, under a collective bargaining agreement entered into between one or more employee organizations and an association of two or more employers, by an employer that is a member of such association, and

(ii) Within the period specified in subparagraph (B), another employer that is a member of the association (or an agent of such association on behalf of the employer) has complied with the requirements of subsection (b) with respect to the employment of the individual, the subsequent employer shall be deemed to have complied with the requirements of subsection (b) with respect to the hiring of the employee and shall not be liable for civil penalties described in subsection (e)(5).

(B) Period.-The period described in this subparagraph is 3 years, or, if less, the period of time that the individual is authorized to be employed in the United States.

(C) Liability.-

(i) In general.-If any employer that is a member of an association hires for employment in the United States an individual and relies upon the provisions of subparagraph (A) to comply with the requirements of subsection (b) and the individual is an alien not authorized to work in the United States, then for the purposes of paragraph (1)(A), subject to clause (ii), the employer shall be presumed to have known at the time of hiring or afterward that the individual was an alien not authorized to work in the United States.

(ii) Rebuttal of presumption.-The presumption established by clause (i) may be rebutted by the employer only through the presentation of clear and convincing evidence that the employer did not know (and could not reasonably have known) that the individual at the time of hiring or afterward was an alien not authorized to work in the United States.

(iii) Exception.-Clause (i) shall not apply in any prosecution under subsection (f)(1).

(7) Application to Federal Government._ For purposes of this section, the term "entity" includes an entity in any branch of the Federal Government.

(b) Employment Verification System.-The requirements referred to in paragraphs (1)(B) and (3) of subsection (a) are, in the case of a person or other entity hiring, recruiting, or referring an individual for employment in the United States, the requirements specified in the following three paragraphs:

(1) Attestation after examination of documentation.-

(A) In general.-The person or entity must attest, under penalty of perjury and on a form designated or(A) In general.-The person or entity must attest, under penalty of perjury and on a form designated or established by the Attorney General by regulation, that it has verified that the individual is not an unauthorized alien by examining-

(i) A document described in subparagraph (B), or

(ii) A document described in subparagraph (C) and a document described in subparagraph (D).

Such attestation may be manifested by either a hand-written or an electronic signature. A person or entity has complied with the requirement of this paragraph with respect to examination of a document if the document reasonably appears on its face to be genuine. If an individual provides a document or combination of documents that reasonably appears on its face to be genuine and that is sufficient to meet the requirements of the first sentence of this paragraph, nothing in this paragraph shall be construed as requiring the person or entity to solicit the production of any other document or as requiring the individual to produce such another document.

(B) Documents establishing both employment authorization and identity.-A document described in this subparagraph is an individual's-

(i) United States passport;

(ii) Resident alien card, alien registration card, or other document designated by the Attorney General, if the document-

(I) Contains a photograph of the individual and such other personal identifying information relating to the individual as the Attorney General finds, by regulation, sufficient for purposes of this subsection, (II) Is evidence of authorization of employment in the United States, and

(III) Contains security features to make it resistant to tampering, counterfeiting, and fraudulent use.

(C) Documents evidencing employment authorization.-A document described in this subparagraph is an individual's-

(i) Social security account number card (other than such a card which specifies on the face that the issuance of the card does not authorize employment in the United States); or

(ii) Other documentation evidencing authorization of employment in the United States which the Attorney General finds, by regulation, to be acceptable for purposes of this section.

(D) Documents establishing identity of individual.-A document described in this subparagraph is an individual's-

(i) Driver's license or similar document issued for the purpose of identification by a State, if it contains a photograph of the individual or such other personal identifying information relating to the individual as the Attorney General finds, by regulation, sufficient for purposes of this section; or

(ii) In the case of individuals under 16 years of age or in a State which does not provide for issuance of an identification document (other than a driver's…