Attch 1_PWS_ Amd 0002_Caretaker LSAAP_08mar2023.pdf

PERFORMANCE WORK STATEMENT (PWS)

CARETAKER SERVICES

LONE STAR ARMY AMMUNITION PLANT

PART 1

GENERAL INFORMATION

Updated 08 March 2023

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 providing the required/requested services for 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 was 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: the High Explosive Demolition Ground (HEDG) unit 18, (NOR#004), to include the Bob Lane Cemetery, the High Explosive Burning Ground (HEBG) unit 16 (NOR #001, #011, #020, #066, #067, #068, #069), Old Demolition Area (ODA) unit 17 (NOR #054), Area A landfill unit 01 (NOR #23), Old Boston Road Landfill (OBR LF) unit 3 (NOR #14) and parcels with environmental liability: G-Ponds unit 033 (NOR #017), XX-Test unit 055 (NOR #046), Salvage

Yard Unit 031 (NOR #24), Western Inactive Sanitary Landfill (WISL) and the Abandon

Construction Landfill 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.

Permit renewal and 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, maintenance and other services required in accordance with (IAW) the PWS. Maintain an environmental program;

perform permit modifications and renewals including required inspections to adhere to federal, state or local environmental laws and regulations.

1.5. Period of Performance: The period of performance (POP) shall include a 12-month base year plus 3 (12) month option years.

Base Year: 12 months

Option Year 1: 12 months

Option Year 2: 12 months

Option Year 3: 12 months

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 in accordance with

(IAW) FAR Clause 52.212-4. 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. When the contractor's performance is unsatisfactory, a Non-conformance Report (NCR) will be issued.

Unless specified otherwise by the KO, the contractor shall reply in writing within five (5) business days from the date of receipt of the NCR, giving the reasons for the unsatisfactory performance, corrective action taken, and procedures to preclude recurrence.

1.6.3. Federal Government Holidays: The Contractor may observe the below listed Federal

Holidays.

New Year’s Day Labor Day

Martin Luther King Jr.'s Birthday Columbus Day

President’s Day Veterans Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

Juneteenth National Independence Day

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 administrative closings, or similar Government-directed facility closings such as a Furlough. 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 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 and five solid waste management units (SWMUs) under Army control 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: Firm-Fixed-Price (FFP).

1.6.7. Security Requirements: IAW the Army Federal Acquisition Regulation Supplement

(AFARS) 5107.91, Integrating Antiterrorism and Operations Security, the contractor shall adhere to all applicable anti-terrorism and operations security (AT/OPSEC) requirements as follows:

1.6.7.1. AT Level I Training: All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, and controlled-access areas shall complete AT

Level I awareness training within 60 days after the contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 60 days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website:

https://jkodirect.jten.mil/Atlas2/page/login/Login.jsf

1.6.7.2 Access and general protection/security policy and procedures: This standard language is for contractor employees with an area of performance within Army controlled installation, facility, or area. Contractor and all associated sub-contractors’ 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 (FAR clause 52.204-

9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

1.6.7.3 iWATCH training: For contractor employees with an area of performance within Army controlled installation, facility, or area. (If applicable) The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR.

This training shall be completed within 60 days of contract award and within 60 days of new employees commencing performance with the results reported to the COR NLT 60 days after contract award.

1.6.8 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.

1.6.8.1 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.

1.6.8.2 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.

1.6.8.3 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.

1.6.9 Key Personnel: The following personnel are considered key personnel by the Government: Site

Manager, Security Manager, and Environmental Manager. The Contractor shall provide a Site

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 Site

Manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Site 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. The Site Manager shall be the point of contact for the contractor and sub-contractors under the contract. The Security Manager shall be responsible for the security requirements defined in the PWS and the permits. The Environmental Manager shall be responsible for the environmental requirements such as the RCRA, TPDES, and stormwater permits.

1.6.9.1. Site Manager – Shall have as a minimum a Bachelor of Arts or Science degree in environmental sciences, ten years environmental experience or five years of environmental experience with a professional certification (REM, PMP, PE, PG, CHMM) or master’s degree. In addition, all applicants must have five years Department of Defense experience, and five years of experience working with State and Federal Regulators.

1.6.9.2. Security Manager – Shall have ten years of relevant Department of Defense supervisory experience with federal installation security measures.

1.6.9.3. Environmental Manager – Shall have ten years of experience with the management of

Department of Defense’s installation restoration and compliance programs. Their experience shall consist of oversight over Resource Conservation Recovery Act (RCRA) permit, National Pollutant

Discharge Elimination System Permit, Storm Water Permit and Comprehensive Environmental

Response, Compensation, and Liability Act (CERCLA) requirements.

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

1.6.10 dentification of Contractor Employees: The Contractor 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 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 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.

1.6.11 Other Direct Costs: The contractor shall not exceed $10,000 per year for emergency related costs and shall submit a cost break down of these costs to the COR for approval prior to incurring costs.

1.6.12 Procurement Plan: The Contractor shall provide a Procurement Plan as part of the deliverables.

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.

1.6.13 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.

1.6.14 Organizational Conflict of Interest (OCI):

a. Purpose. The primary purpose of this clause is to aid in ensuring that:

(1) The contractor does not obtain an unfair competitive advantage by establishing the ground rules for a future competition;

(2) The contractor's objectivity and judgment are not biased because of its present or future interests

(financial, contractual, organizational, or otherwise) which relate to work performed under this contract; and

(3) The contractor does not obtain an unfair competitive advantage by virtue of its access to non-public or proprietary information belonging to others.

b. Definitions.

(1) The term “contractor” herein used means: (a) the organization (hereinafter referred to as "it" or

"its") entering into this agreement with the government; (b) all business organizations with which it may merge, join or affiliate now or in the future and in any manner whatsoever, or which hold or may obtain, by purchase or otherwise, direct or indirect control of it; (c) its parent organization if any and any of its present or future subsidiaries, associates, affiliates, or holding companies, and; (d) any organization or enterprise over which it has direct or indirect control now or in the future.

(2) The term "proprietary information" for purposes of this clause means any information considered so valuable by its owners that it is held secret by them and their licensees. Information furnished voluntarily by the owner without limitations on its use, or which is available without restrictions from other sources, is not considered proprietary.

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

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

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

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

d. General Constraints. The provisions of FAR Subpart 9.5, Organizational and Consultant Conflicts of

Interest, concerning organizational conflicts of interest govern this contract. Potential conflicts may exist in accordance with FAR 9.505-1, Providing Systems Engineering and Technical Direction, through 9.505-4, Obtaining Access to Proprietary Information. In this regard, the contractor is responsible for identifying any actual or potential organizational conflicts of interest to the KO that arise as the result of performance under this contract. To avoid or mitigate a potential conflict related to performance under this contract, the KO will impose appropriate constraints such as the constraints discussed below. Since it is impossible to foresee all of the circumstances that might give rise to organizational conflicts of interest, the constraints discussed below are not all inclusive and the KO may impose constraints other than, or in addition to, the constraints listed below.

(1) The contractor agrees that if it provides, under a contract or task order or delivery order, systems engineering and technical guidance for systems and programs, but does not have overall contractual responsibility, it will not be allowed to be awarded a contract or task or delivery order to supply the system or any of its major components or be a subcontractor or consultant to a supplier of the system or any of its major components .

(2) The contractor agrees that if it prepares complete specifications for non-developmental items or assists in the preparation of work statements for a system or services under a contract or task order or delivery order, it shall not be allowed to furnish these items, either as a prime contractor, a subcontractor or as a consultant.

(3) The contractor agrees that it shall neither evaluate nor advise the government with regard to its own products or activities. The contractor shall objectively evaluate or advise the government concerning products or activities of any prospective competitors.

(4) The contractor agrees that if it gains access to proprietary information of other companies, it shall exercise diligent effort to protect such proprietary information from unauthorized use or disclosure. In addition, the contractor agrees to protect the proprietary information of other organizations disclosed to the contractor during performance of this contract with the same caution that a reasonably prudent contractor would use to safeguard highly valuable property. The contractor also agrees that if it gains access to the proprietary information of other companies it shall enter into written agreements with the other companies to protect their information from unauthorized use or disclosure for as long as it remains proprietary and to refrain from using the information for any purpose other than that for which it was furnished. The contractor shall provide copies of such agreements to the KO.

(5) If the contractor, in the performance of this contract, obtains access to plans, policies, reports, studies, financial plans, data or other information of any nature which has not been released or otherwise made available to the public, the contractor agrees that without prior written approval of the

KO, it shall not: (a) use such information for any private purpose unless the information has been released or otherwise made available to the public, or (b) release such information unless release is otherwise authorized under the contract or such information has previously been released or otherwise made available to the public by the government.

e. Non-Disclosure Agreements. The contractor shall obtain from each employee who has access to proprietary information under this contract, a written agreement which shall in substance provide that such employee shall not, during his/her employment by the contractor or thereafter, disclose to others or use for their benefit, proprietary information received in connection with the work under this contract. The contractor shall educate its employees regarding the restrictions so that they shall not use or disclose proprietary information or data generated or acquired in the performance of this contract except as provided herein.

f. Training. The contractor shall effectively educate its employees, through formal training, company policy, information directives and procedures, in an awareness of the legal issues so that each employee shall know and understand the bsolute necessity of safeguarding information from anyone other than the contractor's employees who have a need to know, and the U.S. government.

g. Subcontracts. The contractor agrees that it shall include the provisions in paragraphs d., e., and f.

above and this paragraph in consulting agreements, teaming agreements, and subcontracts of all tiers which involve access to information or the performance of services described in paragraph d. above.

The use of this clause in such agreements shall be read by substituting the word "consultant" or

"Subcontractor" for the word "contractor" whenever the latter appears.

h. Additional Constraints. If this contract provides for the issuance of task or delivery orders, such orders may impose additional requirements and restrictions relating to this clause to include the requirement for the contractor and its Subcontractors and employees to furnish the government with written non-disclosure agreements or statements of no conflict of interest. With regard to any proposal submitted by the contractor in response to a Request for Task or Delivery Order Proposal, by submitting its proposal the contractor represents that it has disclosed to the KO, prior to the issuance of the task or delivery order, all facts relevant to the existence or potential existence of organizational conflict of interest.

i. Conflicts Involving Future Procurements. The award of this contract, task or delivery orders issued under this contract, government taskings, or acquiescence in the contractor’s performance of services hereunder shall not constitute or be interpreted as a determination that the contractor is eligible to participate in future procurements, developmental efforts, implementation efforts, or related activities.

Only the KOs for such efforts, applying the rules, principles, and procedures have the authority to determine whether a conflict exists in connection with such procurements.

j. Representations and Disclosures.

(1) The contractor represents that it has disclosed to the KO, prior to award of this contract, all facts relevant to the existence or potential existence of organizational conflict of interest.

(2) The contractor represents that if it discovers an organizational conflict of interest or potential conflict of interest after award of this contract, a prompt and full disclosure shall be made in writing to the KO. This disclosure shall include a description of the action the contractor has taken or proposes to take in order to avoid or mitigate such conflict.

k. Remedies and Waiver.

(1) For breach of any of the above restrictions or for non-disclosure or misrepresentation of any relevant facts required to be disclosed concerning this contract, the government may terminate this contract for default, disqualify the contractor for subsequent related contractual efforts, and pursue such other remedies as may be permitted by law or this contract. If, however, in compliance with this clause, the contractor discovers and promptly reports an organizational conflict of interest (or the potential thereof) subsequent to contract award, the KO may terminate this contract or any task or delivery order issued under this contract for convenience if such termination is deemed to be in the best interest of the government.

(2) The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the cognizant KO by submitting a full written description of the requested waiver and the reasons.

1.6.15 Contract Administration:

1.6.15.1 Contracting Officer (KO). The KO is the only person authorized to direct changes in any of the requirements under this contract, and, notwithstanding any provisions contained elsewhere in this contract, said authority remains solely with the KO. In the event the contractor makes any change at the direction of any person other than the KO, the change shall be considered to have been made without authority and solely at the risk of the contractor. All contract administration will be effected by the KO.

Communications pertaining to contractual administrative matters shall be addressed to the KO. No changes in or deviation from the terms and conditions shall be affected, without a written modification to the contract, executed by the KO authorizing such changes.

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

and provide site entry of contractor personnel.

1.6.15.3 Post-Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award tele-conference meeting (i.e. kick-off meeting) convened by the COR and/or KO or contract administration office in accordance with FAR Subpart 42.5, Post Award Orientation. KO, COR, and other government personnel, as appropriate, will meet periodically, quarterly as a minimum, 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 problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government. The contractor shall prepare and provide meeting minutes to COR and KO within five (5) business days after completion of meeting.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

BUSINESS DAY. means those days of the week during which businesses are generally open, i.e., Monday through Friday, with the exception of U.S. Federal Government Holidays.

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.

DAY. means, unless otherwise specified, a calendar day.

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 (or managed environmental liability) 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). G Ponds SWMU #033

(NOR #017); XX-Test, SWMU #055 (NOR #046); Salvage Yard SWMU #031 (NOR # 024), Western Inactive Sanitary Landfill (WISL) and the Abandon Construction Landfill.

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:

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

DCS G9 Deputy Chief of Staff, G9

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

QAR Quality Acceptance Report

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: Equipment provided by the Army (see Technical Exhibit 3 - Government

Furnished Equipment). The contractor will be responsible for the installation of the Government

Furnished Equipment from building I-71.

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. The contractor may provide and maintain a temporary office trailer/container with reinforcement

(i.e. HESCO barriers) for blast and fragmentation protection due to location near the High

Explosive Demolition Grounds. The temporary trailer may be used by the contractor’s security, surface clearance team, and environmental personnel as well as for their equipment storage. Any utilities such as electric and water available on-site for the trailer will be installed, metered, and paid for by the contractor. The contractor would have to provide and install a septic system.

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. Basic Services: 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, SWMUs, 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 needed per the RCRA permit and as listed in 5.1.3. 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 4 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 4 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

COE MONUMENT LF‐3

COE MONUMENT AA‐10

COE MONUMENT HAZEL

http://encyclopedia2.thefreedictionary.com/Occupational%2BSafety%2Band%2BHealth%2BAct%2Bof%2B1970

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. The 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 and (5) SWMUs managed by the contractor.

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 except for parcels that are managed by another contractor.

5.2.6.2. Inspection and Acceptance: The COR shall determine compliance per the permit, 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. RESERVED

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. The contractor’s security personnel shall have no criminal records or have been released from a local security force for legal cause. The contractor’s security personnel shall have passed a drug test in the past three years. The contractor’s security personnel shall have a valid state-issued driver’s license for patrols. 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 entrance gate and lock 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 two 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 two 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 and notify local ER Services, ambulance, Fire Dept. etc.

5.4.7. Shall respond and notify local emergency services for 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 more 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), DCS G9, Installation

Management Command, Mission and Installation Contracting Command (MICC), Fort Sam

Houston (FSH), 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.

5.4.11Technical 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. Repairs and Maintenance: The contractor shall have five years of relevant experience with emergency repairs, non-reoccurring, normal, and preventative, abnormal maintenance of facilities to include fencing, and roads and grounds at a federal installation. Building and Structures and

Roads and Grounds are described below.

5.5.1 Buildings and Structures: Emergency repairs to HEDG building XX-103 must be made as deficiencies occur. The Abandoned Construction Landfill’s fence shall be repaired as deficiencies occur. All non-recurring deficiencies shall be reported to the COR.

5.5.2 Roads and Grounds: Through this Caretaker Contract, water will be provided by

Riverbend Water Resources District 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 in accordance with the permit during the mowing season (April through October): fire lanes in wooded areas and fire zones are required to be mowed, HEDG (including the Bob Lane Cemetery), XX-

Test Area with UXO technician support, Salvage Yard with UXO technician support, and the Old

Boston Road Landfill. E x p e c t s even mowing events over the mowing season with height not to exceed six inches. 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 perimeter fence inspections.

Vegetation control shall also be performed along the perimeter fence for the Abandoned Construction

Landfill. Blade/Mow roads to and around the WISL, G-Ponds’ southern access way, ODA, HEDG, OBR Landfill, Area A Landfill, 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 the activity report for the previous month, the weekly RCRA inspection sheets for the HEBG and the HEDG and the Security

Checks for the Army retained parcels.

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…