A21_Amendment_2.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Amendment 2

See Continuation Page.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 21

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 16-Oct-2019

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W91QVN19R0290

X 9B. DATED (SEE ITEM 11)

19-Sep-2019

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

16-Oct-2019

CODE

411TH CONTRACTING SUPPORT BRIGADE, KOREA

NAME: JUVON ALLGOOD

PHONE #: 315 730-4209

APO AP 96271

W91QVN 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W91QVN19R0290

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

NARRATIVE AMENDMENT 2

a. The purpose of this amendment is issued to incorporate the followings;

[QUESTION #1] Could you consider separate positions, one for Contract Manager to deal with contractual matters and one for Lead Technician to manage day-to-day operations at HWSF? Typically, Contractor does not allow an onsite technician make decisions on contractual matters. Ref: Para 1.7.3 Contract Manager in PWS.

[RESPONSE #1] Separated positions are not required.

[QUESTION #2] Could you consider the followings? Ref: Para 1.7.3 Contract Manager & 1.7.4 Hazardous Waste Technicians in PWS.

English Proficiency: Lead Technician (or Contract Manager per PWS) may be accepted with other appropriate documents in lieu of TOEFL and/or TOIEC test result(s). The acceptable appropriate documents that can prove his/her English ability include, but not limited to, relevant work experience, professional licenses, and/or school diploma obtained in the US, England, Australia, and/or New Zealand.

Also, only one (1) Hazardous Waste Technician requires the TOEFL/TOIEC test result(s) along with his/her resume.

Experience: No experience is required for Hazardous Waste Technicians.

[RESPONSE #2] These comments need to be reflected into PWS.

[QUESTION #3] Will Government pay the laboratory analysis fees for profiling and characterization of hazardous waste? Ref: Para 5.1.4 Hazardous Waste Determination in PWS.

[RESPONSE #3] DPW will pay the analysis fees.

[QUESTION #4] Is Contractor responsible for collecting samples and ship them to analytical laboratories? Para

5.1.4 Hazardous Waste Determination in PWS.

[RESPONSE #4] The Contractor shall collect samples and local laboratory personnel will come to pick-up. DPW will provide the supplies for sampling.

[QUESTION #5] Is Contractor responsible for only reviewing Hazardous Waste Analysis Plan and not responsible for other actions such as updating the plan? Para 5.1.9 Hazardous Waste Analysis Plan in PWS.

[RESPONSE #5] Contractor responsible for only reviewing Hazardous Waste Analysis Plan and DPW Environmental Division will update the plan with the comments of contractor

[QUESTION #6] Conflicting sentence. Shall Contractor transport the orphan wastes to HWSA or shall a unit EO transport them under the oversight of DPW Environmental Division? Please clarify. Ref 5.1.17 Sub-installation and Orphan Wastes in PWS.

[RESPONSE #6] The Contractor or unit EO shall transport the orphan wastes to HWSA within Yongsan and Casey.

The unit EO shall transport the orphan wastes to HWSA from outside of Yongsan and Casey.

[QUESTION #7] Is Contractor responsible for furnishing equipment deemed necessary in future? Para 3 & 4 Government- and Contractor Furnished Items and Responsibilities

[RESPONSE #7] Government will provide furnishing that including desktop computers, monitors, printer, telephones, desks & chairs, file cabinets, book shelves, flammable cabinet, scale, Hazmat connex, etc.

[QUESTION #8] Please confirm that Contractor is responsible for providing one truck and one folk lift only. Para 3 & 4 Government- and Contractor Furnished Items and Responsibilities

[RESPONSE #8] The Contract needs provide one truck and one forklift.

[QUESTION #9] Is it acceptable to provide one 1 ton forklift instead of a 3 ton fork lift? Para 4.2 Equipment in

PWS.

[RESPONSE #9] 1 ton forklift is enough.

b. The responding time and date has changed from 18 Oct 19, 1300 hrs to 23 Oct 19, 1300 hrs

c. All other terms and conditions remain unchanged.

The following have been deleted:

NARRATIVE AMENDMENT 1

SPECIAL NOTICE

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 18-Oct-2019 01:00 PM to 23-Oct-2019 01:00 PM.

The following have been modified:

PERFORMANCE WORK STATEMENT

HAZARDOUS WASTE MANAGEMENT

US ARMY GARRISON YONGSAN-CASEY

1. GENERAL: This is a non-personal services contract to provide Hazardous Waste Management Service at USAG Yongsan and Camp Casey. The Government will not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1. DESCRIPTION OF SERVICES/INTRODUCTION: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Hazardous Waste Management at the locations of Hazardous Waste Storage Areas (HWSAs) in Yongsan and Camp Casey 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.

1.2. BACKGROUNDS: USFK Regulation 201-1 (Environmental Governing Standards, EGS, Jun 2012) requires handling hazardous/designated waste from generation to ultimate disposal. The 403rd Army Field Support Brigade (AFSB) centrally manages the current contract for Hazardous Waste (HW) management. The 403rd AFSB will no longer support this contract from 30 November 2019. The USAG Yongsan and Camp Casey needs a new contract for HW management support services. The amount of hazardous waste we have disposed of is as follows:

a. CY15: 260,411 Pound (Camp Casey), 46,329 Pound (Yongsan)

b. CY16: 353,568 Pound (Camp Casey), 70,415 Pound (Yongsan)

c. CY17: 399,004 Pound (Camp Casey), 86,545 Pound (Yongsan)

d. CY18: 177,495 Pound (Camp Casey), 50,390 Pound (Yongsan) – (This data is from January thru July

2018. The HW disposal contract of Defense Logistics Agency-Disposal Services (DLA-DS) were suspended since July 2018)

1.3. OBJECTIVES: The Contractor shall provide support for Hazardous Waste management at USAG Yongsan and Camp Casey. The specific tasks and objectives for this project are listed in Paragraph 5. Project deliverables are summarized in Paragraph 7.

1.4. SCOPE: The Contractor shall perform hazardous waste (HW) management at Hazardous Waste Storage Areas (HWSAs) at Yongsan and Camp Casey including collection, transportation, receiving, characterization, packaging, marking, labeling, and documentation for HW disposal through the Defense Logistics Agency-Disposition Services (DLA-DS). The Contractor shall ensure all work accomplished in the performance of this PWS meets all applicable Federal and local laws, regulations, and directives to include, but not limited to, the publications in Paragraph 6, Related Documents. The Contractor shall compile historical data, prepare required reports, and submit all information as specified by the Deliverables presented in the contract. The Contractor shall ensure all work in support of mission requirements tendered to the Government for acceptance conform to the measurable performance standards of quality, timeliness, and quantity specified in the PWS of this contract.

1.5. PERIOD OF PERFORMANCE (POP): The Period of Performance is as follows:

Phase-In: 30 Oct 19 – 29 Nov 19 Base Year: 30 Nov 19 – 29 Oct 20 Option Year I: 30 Oct 20 – 29 Oct 21 Option Year II: 30 Oct 21 – 29 Oct 22 *NOTE: The POP is subject to change depending on date of contract award.

1.6. GENERAL INFORMATION:

1.6.1. Quality Control: The contractor shall develop and maintain an effective Quality Control Plan (QCP) to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control plan is the means by which work accomplished complies with the requirement of the contract. The QCP shall be provided to the Contracting Officer (KO) and the Contracting Officer’s Representative (COR) within 15 days from the beginning date of Phase-In period and shall be updated thereafter to maintain an effective and efficient quality control program. The Government will make final review and acceptance of the QCP and any subsequent changes within 30 days after the contract is awarded. After acceptance of the quality control plan the contractor will receive the contracting officer’s acceptance in writing of any proposed change. The QCP shall:

1.6.1.1. Address overall project management and administration.

1.6.1.2. Be a comprehensive program to plan and deliver quality services to the Government.

1.6.1.3. Cover and prioritize all services described in this contract.

1.6.1.4. Describe a method acceptable to the Government of identifying deficiencies in the quality of service performed under this contract before the level of performance becomes unacceptable and address processes for corrective actions without dependence upon Government direction.

1.6.1.5. Establish an inspection system covering all services required by this contract. This plan shall specify areas to be inspected on either a scheduled or an unscheduled basis and the title of the individual who will do the inspection.

1.6.1.6. Contain specific quality control techniques and standards for contract services identified in the Performance Requirements Summary and Inspection of Services Clause. The quality control methods shall be comprehensive and adaptable to the reporting systems of the QCP. Control measures must be specified and metrics developed to ensure accurate program monitoring.

1.6.1.7. Include a customer complaint feedback system for correction of validated complaints and to inform the Government of corrections. The QCP shall describe how the Government may identify problem areas or situations to the contractor. The customer complaint program shall be compatible with the reporting and communication systems of the QCP.

1.6.1.8. Require documentation of all contractor quality control inspections and corrective actions to be maintained by the contractor throughout the term of this contract. Inspection documents and the corrective action taken shall be made available to the KO or designated representative.

16.1.9. Be used by the contractor to collect data, evaluate and document performance against standards associated with each specific requirement. Performance is measured by assessing the required workload quantity in terms of quality and timeliness.

1.6.2. Quality Assurance (QA): The Government will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP) for those tasks listed in the Performance Requirements Summary (PRS). This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.3. Recognized Holidays:

ROK legal holidays

(1) 1 January (New Year)

(2) Lunar New Year (31 December, 1 and 2 January on the Lunar Calendar)

(3) 1 March (Independence Movement Day)

(4) 1 May (Labor Day)

(5) 5 May (Children's Day)

(6) Buddha's Birthday (8 April on the lunar calendar)

(7) 6 June (Memorial Day)

(8) 17 July (Constitution Day)

(9) 15 August (Liberation Day)

(10) Chu-Suk (14, 15, and 16 August on the Lunar Calendar)

(11) 3 October (National Foundation Day)

(12) 9 October (Hangul Proclamation Day)

(13) 25 December (Christmas Day)

1.6.4. Hours of Operation: The Contractor is responsible for conducting business, between the hours of 08:00 a.m.

to 5:00 p.m., Monday thru Friday except ROK holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor shall at all times maintain an adequate workforce for the 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 government facilities at Yongsan (Bldg No. 5488, Yongsan) and Casey (Bldg No. 418, Hovey Cut).

1.6.6. Type of Contract: The Government will award a firm fixed contract.

1.6.7. Physical Security: The Contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. The Contractor shall secure Government facilities, equipment, and materials at the close of each work period. The Contractor shall be provided a Government furnished on-site staging areas at Yongsan and Camp Casey for necessary equipment and materials. The Contractor shall secure the area at the close of each work period. The Contractor shall be solely responsible for any loss or damage of equipment and material.

The Contractor shall ensure debris of any type will be disposed of according to local policies and directives. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.6.8. Key Control:

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

1.6.8.2. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor at the KO’s discretion. In the event a master key is lost or duplicated, all locks and keys for that system will be replaced by the Government and the total cost deducted from the monthly payment due the Contractor at the KO’s discretion. The Contractor shall return the Government issued Keys and key cards to the COR upon completion of the contract.

1.6.8.3. The Contractor shall prohibit the use of Government issued keys and 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 Contracting Officer.

1.6.9. Post Award Conference/Periodic Progress Meetings: The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The COR and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings COR will apprise the Contractor of how the Government views the Contractor's performance and the Contractor shall apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues.

1.6.10. Contracting Officer Representative (COR): The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract:

perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of Government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.11. 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 affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.7. QUALIFICATION REQUIREMENT:

1.7.1. Prime Contractor’s Registration: The Prime Contractor shall possess current and valid a Certificate of

Registration of Environment Consulting Companies (환경컨설팅회사등록증) issued by the ROK Government.

1.7.2. Prime Contractor’s Prior Experience: The Prime Contractor shall have a minimum of two (2) years prior experience at least minimum of two (2) projects relating to the following list:

- Hazardous Waste and Designated Waste Handling and Store

- Or Hazardous Waste and Designated Waste Characterization

- Or Hazardous Waste and Designated Waste (DOT/OSHA(KOSHA)/EPA Labeling)

- Or Hazardous Waste and Designated Waste Collection and Transportation

- Or Hazardous Waste and Designated Waste Disposal

- Or Hazardous Materials/Waste Management Plan development or updated.

- Or Consulting to be compliance with relating to a hazardous waste or a designated waste.

1.7.3. Contract Manager (CM):

1.7.3.1. The Contractor shall provide a CM to conduct daily work assignments, meetings and the overall operations under their responsibility. Directs the daily HWSA operations and can perform the tasks and duties of the Hazardous Waste Technician. The CM is the key to the operations and ensure all general supplies under their responsibility are properly maintained, reported and man‐hour utilization is accurately and timely reported.

Additional reports such as but not limited to: Receipts, Issues, Waste Collected (by location), and Quantities’ Collected. Prepares documentation for Defense Logistics Agency (DLA) turn in requirements. The CM stays at Camp Casey and oversee the performance of the Hazardous Waste Technicians at Yongsan and Camp Casey. The CM is required to attend briefings, conferences and other government designated meetings as required in the execution of this effort or as requested by the COR.

1.7.3.2. The CM shall have work experiences at one of the work fields listed in para 1.7.2 at least three (3) years.

1.7.3.3. The CM shall have full authority to act for the Contractor on all contract matters relating to daily operations of this contract.

1.7.3.4. The CM shall be available during normal duty hours within two (2) hours to meet on the location at Yongsan or Camp Casey with Government personnel (designated by the KO) to discuss problems. After normal duty hours the manager or alternate shall be available within four (4) hours.

1.7.3.5. The CM shall have valid and current certificate for Test of English for International Communication (TOEIC) score 750 or higher or Test of English as a Foreign Language (TOEFL) Score 85 or higher.

1.7.4. Hazardous Waste Technician(s):

1.7.4.1. The Contractor shall provide at least two (2) Hazardous Wate Technicians to perform work operations such as daily tasks and duties as directed by HWSA CM. Responsible for collection, storage, handling, transportation of hazardous waste and operation of equipment that including forklift and antifreeze recycling. Responsible for completing assigned work in a timely and quality manner, adhering to specific work hours as directed by supervisor.

The position serves as the hazardous waste technician with a full range of examining and identifying duties of materials received which are toxic, hazardous, or flammable. Inspects, receives, sorts, counts, and classifies hazardous materials such as and not limited to: toxic chemicals, flammables, gas cylinders, and hazardous waste.

Prepares material for shipment, storage, and disposition. One (1) HW Technician will work at Yongsan and one (1) HW technician will work at Camp Casey. When the Hazardous Waste Storage Area which is located at Yongsan is closed, the work place of HW technician at Yongsan would be moved to Camp Casey at no additional cost to the Government.

1.7.4.2. Hazardous Waste Technician(s) shall have valid and current certificate for Test of English for International Communication (TOEIC) score 650 or higher or Test of English as a Foreign Language (TOEFL) Score 75 or higher.

1.7.5. Trainings for Qualified/Certified Personnel: The Contractor is responsible for the proper and timely training of CM and Hazardous Waste Technicians to perform their jobs in accordance with all applicable legal, regulatory, and compliance requirements. Training under this contract includes, but is not limited to:

a) OSHA HAZWOPER (29 CFR 1920.120)

b) RCRA (Resource Conservation and Recovery Act) training (29 CFR 1910.1200)

c) Department of Transportation (DOT) training for transportation of HM (shipper of HW) (49 CFR 172.700-

704)

d) 1 – 2.5 ton local truck driver’s license

e) 1 ton forklift local operator’s license

Driver’s license and operator’s license shall be current for and in possession of each vehicle operator prior to and during performance. The Contractor shall provide a copy of above training certificates to the COR within 30 days from the beginning date of Phase-In period.

1.7.6. English Ability: All Personnel working on this contract shall have the ability at an intermediate level of daily conversing in, being understood and understand English as exemplified in their written and verbal skills in their functional duties in the performance of services as required by this contract. All HWSA Technicians must be able to fluently communicate both in writing and verbally in English.

1.7.7. Contractor Personnel:

1.7.7.1. Contractor Employees: The Contractor shall not employ persons for work on this contract if such employee is identified to the Contractor by the KO as a potential threat to the health, safety, security, general well-being or operational mission of the installation and its population.

1.7.7.1.1. The Contractor personnel shall present a neat appearance and be easily recognized as Contractor employees. This may be accomplished by wearing distinctive clothing bearing the name of the company or by wearing appropriate badges, which contain the company name and employee name in English.

1.7.7.1.2. The Contractor shall not employ any person who is an employee of the U.S. Government if employing that person would create a conflict of interest. Additionally, the Contractor shall not employ any person who is an employee of the Department of Army, either military or civilian, unless such person seeks and receives approval according to DOD 5500-7-R Joint Ethics Regulation.

1.7.7.1.3. The Contractor is cautioned that off-duty active military personnel hired under this contract may be subject to permanent change of station, change in duty hours or deployment. Military Reservists and National

Guard members may be subject to recall to active duty. The abrupt absence of these personnel could adversely affect the Contractor’s ability to perform; however, their absence at any time shall not constitute an excuse for nonperformance under this contract.

1.8. IDENTIFICATION OF CONTRACTOR EMPLOYEES: All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They shall also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.9. CONTRACTOR EMPLOYEES. The Contractor shall not employ persons for work on this contract if such employee is identified to the Contractor by the KO as a potential threat to the health, safety, security, general wellbeing or operational mission of the installation and its population.

1.9.1. The Contractor personnel shall present a neat appearance and be easily recognized as Contractor employees.

This may be accomplished by wearing distinctive clothing bearing the name of the company or by wearing appropriate badges, which contain the company name and employee name in English.

1.9.2. The Contractor shall not employ any person who is an employee of the U.S. Government if employing that person would create a conflict of interest. Additionally, the Contractor shall not employ any person who is an employee of the Department of Army, either military or civilian, unless such person seeks and receives approval according to DOD 5500-7-R Joint Ethics Regulation.

1.9.3. The Contractor is cautioned that off-duty active military personnel hired under this contract may be subject to permanent change of station, change in duty hours or deployment. Military Reservists and National Guard members may be subject to recall to active duty. The abrupt absence of these personnel could adversely affect the Contractor’s ability to perform; however, their absence at any time shall not constitute an excuse for nonperformance under this contract.

1.10. DATA RIGHTS: The Government has unlimited rights to all documents and 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 and copyrights 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 will 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.

1.11. ENVIRONMENTAL CONTROLS

1.11.1. Compliance with Laws and Regulations: The Contractor shall be knowledgeable of and comply with all applicable Interstate, Federal and Local laws, regulations, and requirements regarding environmental protection. In the event environmental laws or regulations change during the term of this contract, the Contractor is required to comply as such laws come into effect. If there is an increase or decrease in cost as a result of the change, the Contractor shall inform the Contracting Officer pursuant to notice requirements and negotiate a modification to the contract.

1.11.2. Notification of Environmental Spills: If the Contractor spills or releases any substance contained in 40 CFR 302 into the environment, the Contractor or its agent shall immediately report the incident to COR. The liability for the spill or release of such substances rests solely with the Contractor and its agent.

1.12. SAFETY REQUIREMENTS: The Contractor shall take safety precautions during the performance of this contract to protect the lives of Contractor personnel, the property of the U.S. Government and the Republic of Korea, as well as the private individuals and firms who may be exposed to or endangered by the Contractor’s actions to maintain minimal accidents/incidents, zero loss of life and minimal damage to property. The Contractor shall provide a written safety plan with policies, procedures and safety checklist with the bid proposal. The safety plan will be confirmed by COR then accepted by KO within 5 working days if there are any changes after award. The safety program shall comply with OSHA 2206, General Industry, Occupational Safety and Health Standards (29 CFR 1910) and Korean Occupational Safety and Health Act (KOSHA). The Contractor agrees to comply with its written program for the life of the contract. Any changes or modification to its safety program will be coordinated and reviewed by the COR, or his/her duly authorized representative.

1.12.1. Risk Management Process: The safety plan shall include detailed job related hazards and controls for each work activity. The plan shall include an Activity Hazard Analysis (AHA) for each work activity. The AHA shall include at a minimum the name of the activity/job, the job steps, the job hazards, the tools or equipment required to perform the job, control measures to eliminate or reduce the hazard(s), and a Risk Assessment Code (Risk Assessment Code is an assessment of the probability of the hazard occurring and its potential impact). The Contractor shall assure that the safety control measures are implemented. The Contractor may use the sample AHA forms in http://www.usace.army.mil/SafetyandOccupationalHealth/ActivityHazardAnalysis.aspx or develop their own.

1.12.2. Accident Investigations, Reports, and Logs: The safety plan shall include a copy of the Contractor’s accident investigation reporting format, and logs. Report all accidents as soon as possible but not more than 4 hours of accident occurrence to the COR. The Contractor shall thoroughly investigate the accident and submit the findings of the investigation along with appropriate corrective actions to the COR in the accident investigation reporting format as soon as possible but no later than five (5) working days following the accident. Implement corrective actions as soon as reasonably possible. The accident investigation reporting format shall include at a minimum:

(1) Contract number and contract name/description

(2) Name of Contractor

(3) Date/time of accident

(4) Date report was completed

(5) Detail description of events that lead to the accident

(6) Root cause of accident

(7) Contributing factors

(8) Corrective action(s) to prevent recurrence

1.12.3. The following require immediate accident notification and written accident report:

(1) A fatality;

(2) A permanent total or permanent partial disability;

(3) The hospitalization of three or more people resulting from a single occurrence;

(4) Property damage of $200 or more

1.12.4. Develop and provide at the start of the orientation period or the start of the first operational performance period (if there is no orientation period) a safety plan for the protection of Government facilities and property and to provide a safe work environment for Contractor personnel.

1.12.5. If the Government elects to conduct an investigation of the accident or mishap, the Contractor shall cooperate fully and assist Government personnel in the conduct of investigation until the investigation is completed.

1.13. ANTITERRORISM AND OPERATIONS SECURITY (OPSEC)

1.13.1. AT LEVEL I TRAINING: This provision/contract text is for Contractor employees with an area of performance within an Army controlled installation, facility, or area. All Contractor employees, to include subContractor employees, requiring access to Army installations, facilities, and controlled access areas shall complete AT Level I awareness training within 14 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The Contractor shall submit certificates of completion for each affected Contractor employee and subContractor employee to the COR, if a COR is not assigned within 14 calendar days after completion of training by all employees and subContractor personnel.

1.13.2. ACCESS AND GENERAL PROTECTION/SECURITY POLICY AND PROCEDURES: This standard language text is for Contractor employees with an area of performance within an Army controlled installation, facility, or area. Contractor and all associated sub-Contractors’ employees shall comply with applicable installation, facility, and area commander installation/facility access and local security policies and procedures (provided by Government representative). The Contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshall Office, Director of Emergency Services, or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA, and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor security matters or processes.

1.13.3. iWATCH TRAINING: This standard language is for Contractor employees with an area of performance within an Army controlled installation, facility or area. The Contractor and all associated 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 14 calendar days of contract award and within 14 calendar days of new employees commencing performance with the results reported to the COR not later than 14 days after contract award.

1.13.4. EMERGENCY SERVICES: The Contractor shall have competent personnel trained and capable of dealing with minor personnel injuries. The Contractor of their employees shall immediately notify their supervisor of any accident requiring emergency medical treatment. The Contractor will, in turn, notify the KO or COR within 30 minutes of the incident. Emergency medical treatment and services for Contractor personnel is the responsibility of the Contractor.

1.13.5. OPSEC Training: Per AR 530-1 Operations Security, the Contractor employees must complete Level I OPSEC Awareness training. New employees must be trained within 30 calendar days of their reporting for duty and annually thereafter. OPSEC Awareness for Military Members, DoD Employees and Contractors is available at the following website: https://securityawareness.usalearning.gov/opsec/index.htm.

1.13.6. For Contractors requiring Common Access Card (CAC): Before CAC issuance, the Contractor employee requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014-05. The Contractor employee will be National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014-05. The Contractor employee will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management.

1.14. PHASE-IN: Phase-In period is from 30 October 2019 thru 29 November 2019. The Contractor must perform a phase-in prior to transition whereas there cannot be a disruption or reduction in hazardous waste management services between the termination of the old contract and execution of the tasks in this PWS. This will include but not be limited to obtaining:

i. Installation Access (personnel & vehicle)

ii. System Authorization Access Request (SAAR) DD Form 2875 for computer access to use e-mail, Web based programs for EESOH-MIS, etc.

iii. DLA-DS ETIDS, HMMS and HMIRS account

2. DEFINITIONS AND ACRONYMS:

2.1. Definitions:

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

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

2.1.3. Contracting Officer’s Representative (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

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

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

2.1.6. Hazardous Material (HM). Any material that is capable of posing an unreasonable risk to health, safety, or environment if improperly handled, stored, issued, transported, labeled, or disposed because it displays a characteristics listed in Table 5-1, or listed in Appendix B, Table B-4 of USFK Regulation 201-1.

2.1.7. Hazardous Waste (HW). A discarded material that may be solid, semi-solid, liquid or contained gas and either exhibits a characteristic of hazardous waste defined in Appendix B-1, or listed as a hazardous waste in Tables B-1 through B-4.

2.1.8. HWAP: Hazardous Waste Accumulation Point (HWAP) is a shop, site, or other work center where hazardous wastes are accumulated until removed to a Hazardous Waste Storage Area (HWSA).

2.1.9. HWSA: Hazardous Waste Storage Area (HWSA) is a location where hazardous waste is collected prior to shipment for treatment or disposal.

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

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

2.1.12. Quality Assurance: The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

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

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

2.1.15. SubContractor: One that enters into a contract with a prime Contractor. The Government does not have privity of contract with the subContractor

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

2.1.17. Work Week: Is defined as Monday through Friday, unless specified otherwise

2.1.18. Loss of Government Property. Unintended, unforeseen or accidental loss, damage, or destruction of Government property that reduces the Government’s expected economic benefits of the property. Loss of Government property does not include occurrences such as purposeful destructive testing, obsolescence, normal wear and tear, or manufacturing defects. Loss of Government property includes, but is not limited to:—

(1) Items that cannot be found after a reasonable search;

(2) Theft:

(3) Damage resulting in unexpected harm to property requiring repair to restore the item to usable condition; or

(4) Destruction resulting from incidents that render the item useless for its intended purpose or beyond economical repair.

2.1.19. Material. Property that may be consumed or expended during the performance of a contract, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end-item.

Material does not include equipment, special tooling, and special test equipment or real property.

2.1.20. Non-Personal Services. The personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees. Non personal service contracts are authorized by the Government in accordance with FAR 37.012, under general contracting authority, and do not require specific statutory authorization.

2.1.21. Property. All tangible property, both real and personal.

2.1.22. Property Administrator. An authorized representative of the KO appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a Contractor.

2.1.23. Property Records. Records created and maintained by the Contractor in support of its stewardship responsibilities for the management of Government property.

2.1.24. Provide. To furnish, as in Government-furnished property, or to acquire, as in Contractor-acquired property.

2.1.25. Unit Acquisition Cost means— (1) For Government-furnished property, the dollar value assigned by the Government and identified in the contract; and (2) For Contractor-acquired property, the cost derived from the Contractor’s records that reflect consistently applied generally accepted accounting principles.

2.1.26. Wide Area Work Flow (WAWF): A secure web based system for electronic invoicing, receipt, and acceptance. WAWF allows Government vendors to submit and track invoices and receipt/acceptance documents over the web and allows Government personnel to process those invoices in a real-time, paperless environment.

2.2. Acronyms:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CAP Contractor Acquired Property CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTS Commercial-Off-the-Shelf DA Department of the Army DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center

DOD Department of Defense ETIDS Electronic Turn In Document System FAR Federal Acquisition Regulation GFP Government-Furnished Property HIPAA Health Insurance Portability and Accountability Act of 1996 HMMS Hazardous Material Management System KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PA Property Administrator PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit WAWF Wide Area Work Flow

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: The Government will provide personnel to assist with production set-up.

3.2. Facilities: The Government will provide the necessary workspace for the contractor staff to provide the support outlined in the PWS to include desk space, telephones, computers, monitors, printer and other items necessary to maintain an office environment.

3.3. Utilities: The Government will provide all utilities in the facility will be available for the contractor’s use in performance of tasks outlined in this PWS. If utilities are furnished, the following is required: The Contractor 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: The Government will provide furnishing that including desktop computers, monitors, printer, telephones, desks & chairs, file cabinets, book shelves, flammable cabinet, scale, Hazmat connex, etc.

3.5. Materials: The Government will provide Hazardous Waste Management Plan (HWMP) and other HW related documents for the Contractor staff to provide the support outlined in this PWS.

The installation’s Environmental Division will provide containers.

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

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

4.2. Equipment: The Contractor will provide power gate 1 ton truck, 1 ton fork lift.

4.3. Materials: The Contractor shall furnish materials, supplies and tools necessary to properly perform the hazardous waste management work defined in this contract (i.e. Personal Protective Equipment, Hand tools).

5. SPECIFIC TASKS:

5.1. HAZARDOUS WASTE RECEIVING AND STORAGE FOR SHIPMENTS:

5.1.1. The Contractor shall manage the Installation’s Hazardous Waste Storage Areas (HWSA) at Yongsan and Camp Casey in accordance with the United States Forces Korea Regulation (USFK) 201-1, Environmental Governing Standards (EGS) and applicable DoD, Army Regulations and local regulations.