Lonestar_Follow-On_PWSV2_12_Apr_18.pdf

PERFORMANCE WORK STATEMENT (PWS)

CARETAKER SERVICES

LONE STAR ARMY AMMUNITION PLANT

PART 1

GENERAL INFORMATION

Octorber 19, 2017

Rev. 2

1. General: This is a non-personnel services contract to provide Caretaker Services at the Lone Star Army Ammunition Plant (LSAAP). 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:

1.1.1. The Army is the owner of the remaining parcels of the LSAAP, as stated in the modified Resource Conservation and Recovery Act of 1976 (RCRA) permit. Under the modified RCRA permit, the Contractor shall be responsible for operations of the active permitted units and the Army responsible for remediation of the solid waste management units in the associated Compliance Plan.

1.1.2. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Caretaker Services as defined in this Performance Work Statement (PWS) except for those items specified as government-furnished property and services. The Contractor shall perform to the standards in this contract. Best business practices shall be followed to protect the Army’s interest and liability.

1.2. Background:

1.2.1. LSAAP was constructed in 1941 at the beginning of World War II. The 15,000 acre installation was acquired through outright purchase from private landowners. The facility was a Government-owned, Contractor-operated ammunition loading plant for artillery shells, bombs, fuses, boosters and other auxiliary ammunition items.

1.2.2. The installation is divided into twenty-seven separate areas. Specifically, thirteen production areas, six support areas for storage of materials, munitions and raw materials, an administrative and support functions area, two landfills, and two munitions and components destruction areas. Activities on the production lines increased or decreased several times from LSAAP's construction to the formal closure in 2009.

1.2.3. In 1988, the Congress began implementing a process by which it directed the Department of Defense (DOD) to realign or close installations to properly size the infrastructure to a smaller, but more lethal force. Congress envisioned the movement of Army and other military missions to a number of gaining installations, while closing or realigning others. The process was legislatively mandated under the Base Realignment and Closure (BRAC) Act of 1990. The BRAC process is intended to identify excess DOD real property and realign resources to allow the DOD the ability to focus available resources on the right number of installations that will fully support mission requirements. Congress initiated the first round of BRAC in 1988, and subsequent BRACs occurred in 1991, 1993, 1995, and 2005.

1.3. Objectives: The purpose of this contract is to provide support for maintaining the Army owned parcels and completing the tasks listed in Part 5 of this PWS and the Performance Requirements Summary (PRS). This support is necessary for the proper closure of the LSAAP.

Modifications of the RCRA permit may be requested on an as needed basis under this contract.

The Contracting Officer (KO) will notify the Contractor in writing 45 days prior to discontinuing service on any task no longer needed. Until notified by the KO of an anticipated change, the Contractor shall provide services as listed in the PWS.

1.4. Scope: The Contractor shall provide caretaker services for the closed installation due to the BRAC Commission decision; services include maintenance and repair of monuments and wells needed for monitoring of groundwater. The Contractor shall provide security; maintenance of buildings, structures, noted monitoring wells and monuments, roads and grounds, operation and maintenance of the OBR Landfill and High Explosive Demolition Ground (HEDG. Maintain an environmental program; perform permit modifications and renewals including required inspections.

1.5. Period of Performance: The period of performance shall be for one follow-on Year of 12 months. The Period of Performance will be:

Base Year 1 July 2018 – 30 June 2019 Follow-on Year 1 July 2019 - 30 June 2020

1.6. General Information.

1.6.1. Quality Control: Quality Control is the responsibility of the contractor. The Contractor is responsible for the delivery of quality services/supplies to the Government (see Federal Acquisition Regulation (FAR) 52.246-5, Inspection of Services - Cost Reimbursement). The Contractor shall develop, implement and maintain an effective Quality Control System 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 QCP must contain a systematic approach to monitor operations to ensure acceptable services/products are provided to the Government. The plan 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; and procedures for collecting and addressing customer feedback/complaints. Upon request the Contractor shall provide their quality control documentation to the Government. The Contractor shall inform the

Contracting Officer’s Representative (COR) within ten days of task accomplishment. The Contractor shall provide the completed QCP to the KO and COR for review and acceptance within 30 days after contract award. After acceptance of the QCP, no changes may be made to the quality control system without the Contracting Officer’s written acceptance.

1.6.2. Quality Assurance: The Government shall evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is a Government-only document primarily focused on what the Government must do to assure that the Contractor has performed in accordance with the requirements of the contract.

1.6.3. Federal Government Holidays: The Contractor will observe all listed Federal Holidays.

New Year’s Day 1 January Martin Luther King Jr.'s Birthday 21 January President’s Day 18 February Memorial Day 27 May Independence Day 4 July Labor Day 3 September Columbus Day 8 October Veterans Day 12 November Thanksgiving Day 22 November Christmas Day 25 December

1.6.4. Hours of Operation: The Contractor is responsible for conducting business between the hours of 07:00 and 17:30, Monday thru Thursday 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 will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain a qualified and 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 the former Lone Star Army Ammunition Plant; consisting of five parcels (approximately 9,000 acres) under Army control and any properties that are under cleanup and covered by our RCRA Compliance Plan. The site located east of the Red River Army Depot in Bowie County, Texas, on the south side of U.S. Highway 82, approximately twelve miles west of Texarkana, Texas, and nine miles east of New Boston, Texas.

1.6.6. Type of Contract: The Government will award a Cost-Plus-Fixed-Fee contract.

1.6.7. Security Requirements: Contractor personnel (to include subcontractors) performing work under this contract must have a Contractor Identification Badge at the time of contract award 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. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.6.7.2. Key Control: Government personnel will be responsible for maintaining key control of access to the Army parcels and locked remediation areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the COR.

1.6.7.2.1. In the event keys, including master keys, are lost or duplicated, the Contractor shall, upon direction of the COR, re-key or replace the affected lock or locks at no cost to the Government.

1.6.7.2.2. 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 or COR.

1.6.8. Special Qualifications: Current state-approved Non-Commissioned Security Officer registration certificates are required for all security personnel.

1.6.9. Postaward Conference/Periodic Progress Meetings: The Contractor agrees to attend any postaward conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5, Postaward Orientation. 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 review the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced.

Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.6.10. Contracting Officer’s Representative: 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;

conduct 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 the 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. An appointment memorandum 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 contract.

1.6.11. Key Personnel: The following personnel are considered key personnel by the Government: Plant Manager, Contract Manager, and the Alternate Contract Manager. The Contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the Contractor when the manager is absent shall be designated in writing to the KO at time of award, and shall be updated not less than two days prior to any changes. The Contract Manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Contract Manager or alternate shall be available between 07:00 - 17:30, Monday thru Thursday except Federal holidays or when the government facility is closed for administrative reasons.

1.6.12. 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 shall be worn at all times while 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. All contract 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 reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.6.13. Supervision of Contractor Employees: The Government will not exercise any supervision or control over contractor or subcontractor employees. 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.

1.6.14. Contractor Travel: The Contractor will not be required to travel in conjunction with this contract.

1.6.15. Other Direct Costs: Other Direct Costs shall be identified in the Contractor’s proposal and shall be clearly identified and documented on payment vouchers.

1.6.16. 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 Contracting Officer. 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.

1.6.17. 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 Contracting Officer 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 Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may effect 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.

1.6.18. Phase In /Phase Out Period: Not Applicable

1.6.19. Combating Trafficking in Persons:

1.6.19.1. Policy: The Department of Defense has a zero tolerance policy for human trafficking.

1.6.19.2. Trafficking in Persons (TIP): Indicators of TIP include, but are not limited to, contractor employees paying excessive recruiter fees, including fees that violate laws of the country from which the employee is recruited, or fees equal to or greater than the employee's monthly salary; contractor employees not provided a signed copy of their employment contract, in English as well as their native language; salary paid not commensurate with salary agreed to;

contractor employees provided inadequate living conditions or expected to work long hours with no days off; or passports or return flights withheld. Additional information about Trafficking in Persons and examples of awareness programs can 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.

1.6.19.3. Requirements: In accordance with FAR clause 52.222-50, Combating Trafficking in Persons, the Contractor shall report any suspected human trafficking violations or activities to the Contracting Officer. The Contractor shall:

notify all employees of the U.S. Government's zero tolerance policy against TIP take action against any employees violating TIP policy immediately notify the Contracting Officer of any information about employees, including subcontractors, that may be involved in TIP include the substance of FAR clause 52.222-50 in all subcontracts at all tiers

1.6.19.4. Reporting: Self-reporting of TIP may be noted positively in performance evaluations.

The Contractor's efforts to proactively counter TIP may also be weighed as a positive factor in performance evaluations and in the dispensation of remedies for TIP.

1.6.19.5. Compliance: The COR will perform spot checks, reviews, and assessments, and will speak with Contractor employees to assess indicators of human trafficking. The COR must inform the KO if the Contractor, contractor personnel, subcontractor, or subcontractor personnel have failed to comply with the requirements of FAR clause 52.222-50.

1.6.20. Procurement Plan: The Contractor shall provide a Procurement Plan as part of the proposal. It shall explain in detail how services, parts, supplies, materials, and equipment will be invoiced back to the Government. The plan shall include procedures to ensure that maximum effort is made to control costs and promote competition while purchasing parts, supplies, materials, equipment, and subcontracted services. The plan shall indicate the designated member(s) of the Contractor’s management staff who may approve overhead purchases.

1.6.21. Small Business Subcontracting / Management Plan: The Contractor shall develop and submit a Small Business Subcontracting Plan with goals and requirements in accordance with FAR Subpart 19.7 and the relevant Defense Federal Acquisition Regulation Supplement (DFARS) and Army Federal Acquisition Regulation Supplement subparts. The initial plan shall be submitted as part of the proposal. The plan must be reviewed by the Small Business Specialist and approved by the KO, and must be updated annually.

1.6.22. Funding Status Report: The Contractor’s funds custodian shall manage the budget.

When funds drop to the 75% level, the custodian shall report this information to the COR and KO. The report shall indicate if remaining funds will suffice for the rest of the fiscal year, or if a shortfall condition exists. In the case of a shortage, the report must explain both the cause and required get-well funding.

1.6.23. Invoicing: After the end of every period (13 periods) and prior to submission of the ending period payment voucher to Wide Area Workflow, the Contractor shall submit complete copies of the voucher to the COR and the Contracting Officer, Contract Specialist / Administrator, for a FAR Part 31 Compliance Review. Electronic copies are preferred but must be readable/legible. The voucher shall include properly completed Standard Forms 1034 and 1035 with supporting documents. Each voucher shall include all information required by Cost Accounting Standards and the FAR. The cost breakdown shall include labor, fringes, overheads, other direct costs (by category), and fee. As this is a Cost-Plus-Fixed-Fee contract, the Contractor shall invoice against the overhead account for necessary items. The Contractor shall exercise restraint to ensure that only necessary quantities and types of supplies and services are purchased in accordance with the Contractor’s Procurement plan. Copies of vendor invoices or receipts shall be attached to the monthly payment voucher submitted to the Government. The Contractor shall not submit the voucher into Wide Area Workflow (WAWF) until approval to do so is received from the Contracting Officer, Contract Specialist / Administrator.

1.6.24. Wide Area Workflow: In accordance with DFARS clause 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports, the Contractor shall submit all requests for payment (vouchers) through the WAWF electronic invoicing application. Instructions for registering and submitting electronic invoices using WAWF can be found at:

https://wawf.eb.mil. Web-based training on how to use WAWF is available at https://wawftraining.eb.mil/.

1.6.25. iWATCH Training: The Contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity Antiterrorism Officer). 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 30 calendar days of new employees commencing performance with the results reported to the COR NLT 45 calendar days after contract award.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

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

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.

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

Government appointed by the Contracting Officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

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

EMERGENCY REPAIR: Repairs required to correct failures or deficiencies which constitute an immediate danger or health hazard to occupants, e.g. water breaks, storm damage disabling electrical systems. This applies to the parcels being retained by the Army.

FACILITIES: Property retained by the Army. At time of award this includes the High Explosive Demolition Ground (HEDG) Solid Waste Management Unit (SWMU) #18 (Notice of Registration [NOR] #004) (this includes the Bob Lane Cemetery); High Explosive Burning Grounds (HEBG) SWMU #16 (NOR #001, #011, #020, #066, #067, #068 and #069); Old Demolition Area (ODA) SWMU #17 (NOR #054); Area A Landfill SWMU #01 (NOR #23); and the Old Boston Road Landfill (OBR) SWMU#3 (NOR #14).

GOVERNMENT-FURNISHED PROPERTY OR GOVERNMENT PROPERTY. Property in the possession of, or directly acquired by, the Government and subsequently made available to the Contractor.

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

QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are acceptable in accordance with established standards and requirements of this contract.

QUALITY ASSURANCE SURVEILLANCE PLAN. An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

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

SUBCONTRACTOR. Any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime Contractor or another subcontractor. (FAR 44.101)

2.2. ACRONYMS:

ACSIM Assistant Chief of Staff for Installation Management AR Army Regulation BRAC Base Realignment and Closure CDR Contract Deficiency Report CERCLA Comprehensive Environmental Response, Compensation, and Liability Act CFR Code of Federal Regulations CMR Contractor Manpower Reporting COE U.S. Army Corps of Engineers COR Contracting Officer’s Representative DA Department of the Army DFARS Defense Federal Acquisition Regulation Supplement DOD Department of Defense EPA Environmental Protection Agency FAR Federal Acquisition Regulation FFA Federal Facility Agreement HEBG High Explosive Burning Grounds HEDG High Explosive Demolition Grounds HQDA Headquarters, Department of the Army ID Identification KO Contracting Officer LSAAP Lone Star Army Ammunition Plant MP Maintenance Plan NOR Notice of Registration OBR Old Boston Road OCI Organizational Conflict of Interest ODA Old Demolition Area OSHA Occupational Safety and Health Administration PRS Performance Requirements Summary PWS Performance Work Statement QASP Quality Assurance Surveillance Plan QCP Quality Control Plan RCRA Resource Conservation and Recovery Act SARA Superfund Amendments and Reauthorization Act SWMU Solid Waste Management Unit TAC Texas Administrative Code

TIP Trafficking in Persons U.S. United States WAWF Wide Area Workflow

PART 3

GOVERNMENT-FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT-FURNISHED ITEMS AND SERVICES:

3.1. Services: Not Applicable

3.2. Facilities: Not Applicable

3.3. Utilities: The Contractor (to include subcontractors) shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish cleaning vehicles and equipment.

3.4. Equipment: No Equipment Provided by the Army.

3.5. Materials: Not Applicable

PART 4

CONTRACTOR-FURNISHED ITEMS AND SERVICES

4. CONTRACTOR-FURNISHED ITEMS AND RESPONSIBILITIES:

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

4.2. Materials: The Contractor shall furnish all labor, services, materials, supplies, and equipment necessary in performance of tasks in this PWS.

PART 5

SPECIFIC TASKS

5. SPECIFIC TASKS: The Contractor shall furnish all labor, services, and material in performance of the below tasks. Best business practices shall be followed to protect the Army’s interest and liability. The following tasks apply to LSAAP Army personnel, the Army retained parcels and leased space at the Lone Star Army Ammunition Plant located in Texarkana, Texas.

5.1. Monument Support Program: The purpose of this task is to provide support for maintaining the monuments needed for monitoring well locations and elevations. This support is a necessary part of the LSAAP RCRA permit. Due to efforts to modify the RCRA permit, these services may be requested on an “as needed” basis. The Government will provide Contractor 45-day notice of intent to discontinue service. Until notified by the COR of an anticipated change the Contractor shall provide services as listed below.

5.1.1. All work shall be performed in accordance with all applicable Federal, State of Texas and local laws and regulations (including US Environmental Protection Agency (EPA) and Occupational Safety and Health Administration (OSHA) requirements). If any conflicts exist between applicable regulations, the most stringent of the conflicting regulations shall apply.

5.1.2. Maintenance of Monuments: The Contractor shall perform semi-annual inspection, maintenance, and repairs to monuments (bench marks) located on LSAAP, as required by the RCRA Permit. This effort shall include: mowing as required to maintain a neat and orderly appearance with grass and vegetation less than six inches tall at all times and minor access clearing (to include a path ten feet wide to the well or monument) to and around each of the 12 monuments, erection and repair of required barriers, and maintenance of well and monument identification markings and the provision of pest control (nest and burrow removal) around all monuments. The protective posts shall be painted to maintain a clean appearance; no less than once every other year.

5.1.3. The following 12 Monuments shall be maintained: According to the RCRA Permit, all Monuments below are to be maintained. (to include a path of ten feet wide to the monument)

HOOKS MONUMENT 1930

Corps of Engineers (COE) MONUMENT LF-1

COE MONUMENT LF-2

COE MONUMENT LF‐3

COE MONUMENT LF-4

COE MONUMENT AA‐10

COE MONUMENT LS-01

COE MONUMENT LS-02

COE MONUMENT LS-03

COE MONUMENT LS-04

XX-TEST-ROAD-Y

COE MONUMENT HAZEL

5.1.4. Reports and Data: The Contractor shall submit a report by the 7th working day after the end of each month stating the tasks accomplished for that month to the KO and COR.

5.2 Safety:

5.2.1. The Contractor shall comply with Army Regulation (AR) 200-1, Environmental Protection and Enhancement; Title 40 Code of Federal Regulations (CFR), Title 30 Texas Administrative Code (TAC), and all permits and applicable provisions of local, State, and Federal laws. The Government recognizes that portions of the plant were planned and constructed prior to the promulgation of regulatory documents. Current level of implementation of these regulatory documents is acceptable to the Government and will continue to be acceptable unless the Contracting Officer specifically notifies the Contractor otherwise. In the event there is a dispute involving methods, procedures, facility use, etc., which is not disposed of by mutual agreement, resolution shall be decided under the disputes clause. The Contractor:

5.2.2. Shall respond in writing within five calendar days to the COR’s report noting safety concerns on any of its operations on the Army’s five (5) parcels.

5.2.3. May use best industry practices in the design and implementation of the safety program as long as those practices do not conflict with the requirements of this task.

5.2.4. Shall not construe the requirements of this task as making the Army the controlling employer (as defined by the Federal OSHA) at this location.

5.2.5. Acknowledges the right of the Army to conduct its own investigation of any accident occurring on the Army retained sites.

5.2.6. Specific Safety Requirements for Contractor Operations:

5.2.6.1. OSHA Reports: The Contractor shall provide review access to the Site Manager of OSHA Form 300, Log of Work-Related Illnesses and Injuries on the Army parcels.

5.2.6.2. Inspection and Acceptance: The COR shall determine compliance, primarily by visual inspection and review of records as the work is performed.

5.2.6.3. Technical References: The Contractor shall use applicable regulations, pamphlets, manuals, standards and other appropriate documents to design an overall safety program. These references include Department of the Army (DA) Pamphlet 385-64, Ammunition and Explosives Safety Standards, American National Standards Institute Z136.1, Safe Use of Lasers, and DOD 4145.26-M, DOD Contractor’s Safety Manual for Ammunition and Explosives.

5.3. Army Personnel Support: The Contractor shall provide support for Assistant Chief of Staff for Installation Management (ACSIM) BRAC personnel, including office space, utilities, payment of invoices using appropriate funds, office and janitorial supplies, janitorial services, trash removal, telephone communications, and Information Technology support. The Contractor will invoice thru the Wide Area Workflow system for reimbursement. The Contractor shall identify and include separately the rates for these services in the cost proposal.

5.4. Security Services: This PWS prescribes general security service responsibilities of the Army retained parcels remaining at the LSAAP. The retained parcels are under Federal Jurisdiction. The Contractor:

5.4.1. Shall perform the services enumerated below in accordance with this task and applicable government documents.

5.4.2. Shall post/maintain restricted areas with signs as specified in 40 CFR 265.14 and any other State and local requirements relating to security.

5.4.3. Shall maintain a current State-approved Non-Commissioned Security Officer registration certificate for all security personnel. These personnel shall provide 24-hour surveillance by performing regular patrols (24-7) to physically inspect the Army retained properties (HEDG, HEBG, OBR Landfill, Area A Landfill and ODA) to ensure that the properties are secure and gates are locked. The contractor will also maintain and monitor the 24-hour video surveillance systems at the HEDG and HEBG which continuously monitors the active portion of the units.

(Does not monitor the gate entrance).

5.4.4. Shall provide regular patrols to physically inspect each of the below listed RCRA facility units two times per 8-hour shift every day in accordance with our RCRA permit HW-50292-001.

HEDG

HEBG

ODA

Area A Landfill, Municipal Solid Waste Old Boston Road Landfill

5.4.5. Shall provide complete perimeter patrols to physically inspect Army parcels on the following schedule. At a minimum, these perimeter patrols shall include checks for all physical security and integrity of the fences surrounding the Army properties. Trips shall be documented and reports of anything unusual forwarded to the Site Manager’s office within one hour of discovery.

HEDG once monthly HEBG once monthly

5.4.6. Shall notify the LSAAP Army staff (Site Manager, COR, and the Environmental Protection Specialist) within one hour of discovery of any incidents or security breaches that may have occurred on any of the Army parcels.

5.4.7. Shall respond to any number of events or situations (i.e. accidents, fires, explosions, injuries, etc.) that may occur on the Army retained properties. These incidents require telephonic notification within one hour of discovery to LSAAP Army staff. Any environmental incidents must be reported immediately to the Environmental Coordinator. The COR may require the Contractor to provide follow-up oral and written reports for any such incidents.

5.4.8. Shall notify the local law enforcement authorities in the event of a criminal (or potentially criminal) offense as soon as possible, but not less than 30 minutes from time of discovery. The Contractor shall also notify the Site Manager of the incident as soon as possible.

5.4.9. Shall answer Headquarters, Department of the Army (DA), ACSIM, Installation Management Command, or Fort Hood Garrison requests for information. At times, requests for information can be time sensitive. Replies shall be provided to LSAAP Army staff. In the event the Contractor is needed to provide input to requests for information, the LSAAP Army staff will contact the Contractor point of contact to inform him/her of the requirement.

5.4.10. Inspection and Acceptance: The LSAAP Army staff will monitor the Contractor's performance in accordance with the QASP and the requirements of this PWS.

5.4.11. Technical References: The Contractor shall follow all applicable Federal, State and Army regulations and pamphlets as guides applicable to this task. Examples include 40 CFR;

30 TAC; AR 190-13, The Army Physical Security Program; AR 190-45, Law Enforcement Reporting; and AR 190-56, The Army Civilian Police and Security Guard Program.

5.5. Maintenance:

5.5.1 Buildings and Structures: Emergency repairs must be made as deficiencies occur. All non-recurring deficiencies shall be reported to the COR.

5.5.2 Roads and Grounds: Through the Caretaker Contract, water will be provided by Texarkana Water Utilities and electric power will be provided by the Southwestern Electrical Power Company to the HEBG and Area A Landfill and Bowie Cass Electric Cooperative will provide electrical power to the HEDG. The Contractor shall mow the following areas as required or at the direction of the COR during the mowing season (April through October):

HEDG (including the Bob Lane Cemetery), XX-Test Area and the Old Boston Road Landfill.

The Bob Lane Cemetery shall be maintained in accordance with the Maintenance Plan (MP).

Vegetation control shall be performed along all perimeter fencing around the HEDG and HEBG, to ensure the fencing is visible for monthly permiter fence inspections. Blade/Mow roads to and around the ODA, HEDG and the Bob Lane Cemetery to include access roads to all monitoring wells as required.

5.5.3 Buildings, Grounds and Equipment: Buildings, and grounds in the Army retained parcels shall be inspected by visual drive-by after severe weather. Deficiencies shall be reported to the COR for corrective action.

5.6 Government Property in the Possession of Contractor: The Contractor shall have a property management plan, system, and procedures for personal property, real property, lease, and materials as required by FAR Part 45 and DFARS Part 245. The Contractor’s property management system shall be in compliance with FAR clause 52.245-1 and DFARS clause

252.245-7003. Government property is furnished on an “as is, where is” basis. The Contractor shall:

5.6.1. Have an approved Maintenance Plan. The MP shall be submitted to the KO for approval within five days of contract award. Once the plan has been accepted and the Contracting Officer signs the approval sheet, the MP shall be incorporated into the contract. The Contractor shall establish procedures that will be used to accomplish the requirements of the MP. Any changes to the MP must be submitted to and approved by the KO prior to implementation.

5.6.2. Not later than the 7th of each month provide the COR a copy of all inspection reports for inspections that take place on the Army retained properties.

5.6.3. Correct any reported safety problems.

5.6.4. Coordinate with the COR, Program Manager, and the KO if there is any question regarding the acceptability or appropriateness of a purchase or repair, replacement, or disposal with no substitute.

5.6.5. Ensure that all buildings and equipment actively supporting Army Caretaker requirements are maintained in a usable or working condition.

5.6.6. Obtain the COR’s approval prior to any structure and use changes to buildings.

5.6.7. Maintain the LSAAP Army staff offices in building I-71 facility free from dirt and trash and in a clean usable condition. Broken windows shall be replaced in buildings XX-55 and XX- 103; no maintenance will be required for the heating and air condition units. Restrooms in I-71 will be cleaned as needed and janitorial supplies readily available. Trash will be removed and floors will be swept and mopped as needed to maintain cleanliness.

5.6.8. Ensure that all heavy equipment operators possess necessary training to safely operate heavy equipment in accordance with DOD Manual 4500.36, Acquisition, Management, and use of DoD Non-Tactical Vehicles, Contractor personnel shall comply with licensing requirements of the state and local motor vehicle laws. Contractor employees assigned to operate Government‐ Leased equipment in the performance of this contract shall be certified, by the Contractor and at the Contractor's expense, as being fully qualified to operate the vehicles or equipment to which they are assigned. The Prime Contractor shall documental all operator qualifications and provide this documentation to the Contracting Officer before any contract employee engages in any mode of equipment operation. The Administrative Contracting Officer shall retain operator documentation in the contract file.

5.6.9. Be accountable for all Government property on the Army retained property regardless of future ownership until the property is transferred or otherwise disposed of.

5.6.10. Establish and maintain all records of government property on the Army parcels. All records pertaining to government property will be official Government records. Installation and utility maps shall be maintained in an electronic format.

5.6.11. Vehicles. Not Applicable

5.7. Environmental: These services may be requested on an as needed/as requested basis. The Government will provide the Contractor a 45-day notice of intent to discontinue service. Until notified by the COR of an anticipated change, the Contractor shall:

5.7.1. Conduct an environmental program which shall include establishing, maintaining and implementing policies, objectives, priorities, and operating procedures, and assign trained and certified personnel to ensure compliance with applicable Federal, state, or local environmental laws, regulations, and executive orders (excluding Executive Order 13148, Greening the Government Through Leadership in Environmental Management). AR 200-1, Environmental Protection and Enhancement is applicable to the Contractors only if they are in direct support of Army requirements.

5.7.2. Identify, locate, and document any known environmental problems or violations associated with the Army retained parcels with existing Federal, state or local environmental laws, and regulations. Problems or violations noted shall be reported to the LSAAP Army staff within 24 hours of discovery.

5.7.3. Establish any plan(s)/report(s) or review and update any existing plan(s)/report(s) needed to bring LSAAP Army retained areas into compliance with any and all Federal, state, and local environmental laws, and regulations.

5.7.4. Manage plant operations and methods of operation to eliminate or minimize the use, or generation of, hazardous materials or hazardous and/or toxic wastes as defined in 40 CFR, Protection of Environment in Army Areas.

5.7.5. Maintain an environmental training program in accordance with Federal, State and local laws or other applicable laws.

5.7.6. Maintain the current RCRA Permit, the Texas Pollutant Discharge Elimination System Permit, Storm Water Permit and any other permits needed for environmental compliance for the remaining Army parcels.

5.7.6.1 Perform permit renewals or modifications in accordance with all regulatory guidelines.

A minimum of two Class I RCRA Permit Modifications are anticipated during the period of performance to remove parcels that have been remediated and are ready for reuse.

5.7.6.2 Manage and maintain all permits required for proper operations on the remaining Army parcels, excluding the tasks the Army has contracted through other contractors. The Contractor shall be responsible for the OBR landfill on an as needed basis including maintenance, sampling and reporting of the storm water at the OBR Landfill. Contractor will also sample stormwater at the Area A Landfill (not in Environmental Services Cooperative Agreement or COE contracts) in accordance with the Storm Water Permit. Contractor will also maintain the High Explosive Demolition Ground (HEDG) unit in accordance with the RCRA Permit including the Subpart X provisions (4 Quarterly Surface Sweeps) 1 surface sweep during the months of September, December, March, and June .

5.7.6.3 Sign any and all applications, modifications, reports, and certifications required by law, regulation or permits, including those required of operators, responsible officials, and generators or otherwise as indicated in the pertinent environmental regulation, as directed by the Army.

The Army will be identified as, and/or sign as, owner, where required. The COR and Installation Environmental Coordinator shall be provided with copies of all permits obtained. The Contractor will not be responsible for signing documents/reports generated by other Army contractors from current remediation efforts. The Contractor will not be responsible for compliance with, managing or modifying the Army’s Compliance Plan.

5.7.6.4 Terminate unneeded environmental permits as directed by the COR.

5.7.7. Assist in the defense and negotiation of Notices of Violation, Notices of Deficiency, Orders, citizens/suits, etc., which address or relate to alleged environmental deficiencies caused by actions of the Contractor. The Contractor shall be able to explain how they comply with applicable Federal, State, and local requirements, both substantive and procedural, for managing solid waste, including generation, collection, storage and disposal.

5.7.8. Submit funding requests to the COR to support actions to correct existing or potential violations of Federal, State or local environmental laws, regulations. Correction of deficiencies will be funded by the Army on a case-by-case basis.

5.7.9. Assist the BRAC Office in compliance reviews of all Army environmental operations on the Army retained parcels at the HEDG, and OBR LF. This shall include responding to all findings and recommendations in any survey, inspection or report issued by Department of Defense or other Federal, state or local agencies to correct any violation of Federal, state or local environmental laws and regulations, executive orders, or Army regulations.

5.7.10. Comply with all environmental reporting requirements pertaining to Federal, State, and local, and Army submission(s). Reports shall be submitted to the Government not later than 15 calendar days prior to any deadline. Report requirements include such items as Tier2, Emission Inventory Questionnaire, Toxic Release Inventory, Annual Waste Summary Report, etc.

5.7.11. Notify the Environmental Coordinator within one hour of discovery of any spill, unauthorized discharge, or excursion to the environment during normal work shifts on the Army retained parcels. During off-shift, reporting shall be as soon as possible. Efforts shall continue until contact is made. Provide all information and documentation required by Federal, state, and local laws and regulations.

5.7.12. The Government and the Contractor shall coordinate on all communications or negotiations with the regulators, and each party shall furnish a copy of all communications or negotiations to the other party. All discussions related to past contamination cleanup shall also be made known to the other party. Neither the Contractor nor the Government shall engage in any negotiations with environmental regulators that will obligate the other party in any manner other than as agreed to between the three entities.

5.7.13. Allow, with two hours notice and barring any proprietary limitation, Army personnel to review its operations and the operations of the subcontractors located on LSAAP. Any findings of auditors/inspectors shall be resolved between the Army and the Contractor. In the event a subcontractor is found to be deficient, the Contractor shall take necessary action to bring the subcontractor into compliance with existing or proposed Federal, state, or local environmental laws, regulations. The environmental reviews or reports shall be coordinated through the Installation Environmental Coordinator or Site Manager.

5.7.14. Indemnify the Government for any liability/responsibility resulting from contractor operations that result in any type of violation, fine, fee, or other regulatory action due to noncompliance with existing Federal, state, or local environmental laws/regulations.

5.7.15. Conduct activities pursuant to this contract which shall not impede the remedial actions required by the terms of the Federal Facility Agreement (FFA). The EPA placed a parcel on the LSAAP (the ODA) on the National Priorities List pursuant to the requirements of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 USC Section 9605, National Contingency Plan, as amended by the Superfund Amendments and Reauthorization Act (SARA), Public Law 99-499. The U.S. Army entered into a FFA under CERCLA Section 120 with the EPA, Region VI to facilitate the implementation of appropriate remedial actions as required by CERCLA/SARA on LSAAP. Contractor has no requirements/responsibilities at the ODA other than mowing the road into/out of and blading.

5.8. Maintain monitoring wells. The Contractor shall perform semi-annual inspection, maintenance, and repairs to monitoring wells located on LSAAP. This effort shall include:

mowing as required to maintain a neat and orderly appearance with grass and vegetation less than six inches tall at all times and minor access clearing (to include a path of ten feet wide to the well or monument) to and around (ten feet wide) each of the 46 wells, erection and repair of required well barriers, painting and maintenance of well identification markings (paint 25 percent per year of the 39 wells), repair to concrete slabs, and the provision of pest control (nest and burrow removal) around all monitoring wells. Monitoring wells to be maintained include:

High Explosive Demolition Grounds: CDG-1, CDG-2, CDG-10, CDG-11, CDG-12, CDG-13, CDG-14, CDG-15, CDG-16 and CDG-17

XX-Testing: XX-1, XX-2, XX-3, XX-4, XX-5, XX-6, XX-7, XX-8, and XX-9

Old Boston Landfill: COE-2, COE-3, COE-4, and COE-5

Area A Landfill: MW-1A, MW-2, MW-3, MW-4, MW-5, MW-5A, MW-6, MW-7, MW-7A, MW-8, MW-9, MW-10, MWA, MWB, MWC, MWD.

5.9. Contractor Manpower Reporting (CMR): The Contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Department of the Army via a secure data collection site.