353215.3 1
INTERGOVERNMENTAL SUPPORT AGREEMENT (IGSA)
BETWEEN THE
UNITED STATES ARMY GARRISON, FORT IRWIN AND
CITY OF BARSTOW, CALIFORNIA FOR
HAZARDOUS WASTE SERVICES
W4E6AA-IGSA-XXXXX-2024-XXXX
This is an Intergovernmental Support Agreement (hereafter referred to as the IGSA or Agreement) between the United States and City of Barstow, California, (hereafter PUBLIC PARTNER is used for brevity throughout this agreement) is entered into pursuant to federal law codified at 1O USC 2679.
The statute authorizes the Secretary of the Army to enter an IGSA on a sole source basis with a state or local government to receive installation support and services. The Secretary of the Army has delegated authority to Garrison Commander (hereafter GC) to execute agreements on behalf of the United States. The scope of work may be performed by PUBLIC PARTNER’s contractors or subcontractors.
The purpose of this IGSA is to outline the roles and responsibilities of the parties, identify the services to be furnished by the PUBLIC PARTNER, the prices to be paid by the United States, and the appropriate reimbursement and quality control procedures. The parties undertake this Agreement in order to provide services, supplies or construction to the United States, to achieve cost savings for the Department of the Army, and to provide additional revenues to local governments and their work forces.
RESPONSIBILITIES OF THE PARTIES:
The PUBLIC PARTNER shall perform the installation hazardous waste services as stated in this IGSA.
The term "installation hazardous waste services" only includes services, supplies, resources, and support typically provided by a local government for its own needs and without regard to whether such services, supplies resources, and support are provided to its residents generally. The PUBLIC PARTNER may perform these services though any contractors or subcontractors.
This is a non-personal services agreement. Each party is responsible for all costs of its personnel including pay, benefits, support, and travel. Each party is responsible for supervision or management of its personnel.
The tasks, duties and responsibilities set forth in this IGSA may not be interpreted or implemented in any manner that results in PUBLIC PARTNER creating or modifying federal policy, obligating appropriated funds of the United States, or overseeing the work of federal employees.
Under no circumstances, shall PUBLIC PARTNER employees, contractors, or subcontractors be deemed federal employees. If the PUBLIC PARTNER shall provide services through a contract, the contract must be awarded through competitive procedures. (This requirement does not apply to 353215.3 2
collective
bargaining agreements between the PUBLIC PARTNER and its employees.) Employees of the United States may not perform services for or on behalf of the PUBLIC PARTNER without the approval of the IGSA Manager.
SUMMARY OF SERVICES AND PRICE:
This will be a Firm Fixed Price Service which will be provided by the PUBLIC PARTNER. Services will include disposition services, detailed life cycle tracking and management of all hazardous waste (HW) on the installation to include reutilization/recycling of material identified for disposition. All work may be performed by contractors or subcontractors.
These services are identified in more detail in Enclosure 1, Scope of Work for Hazardous Waste Services. The PUBLIC PARTNER will provide a monthly invoice and report to the Technical Representative, Garrison Resource Management Office (RMO) with appropriate invoicing; detail documentation attached.
In consideration for the services to be provided by the PUBLIC PARTNER, the United States agrees to pay the PUBLIC PARTNER in accordance with the following schedule:
YEAR OF
OPERATION
IGSA ESTIMATE
BASE 2,137,272.66
OPTION 1 2,220,441.04
OPTION 2 2,309,515.44
OPTION 3 2,404,638.00
OPTION 4 2,499,370.19
OPTION 5 2,600,871.54
OPTION 6 2,709,094.67
OPTION 7 2,817,703.02
OPTION 8 2,933,445.15
OPTION 9 3,056,648.60
$25,689,000.31
The United States has $2,137.272.66 available for obligation and payment under this Agreement and shall only be liable for payment of services up to this amount and subsequent amounts allotted to the Agreement by the IGSA Manager. The United States anticipates that it will receive additional funds incrementally to the full estimated cost of the services for each performance period. The PUBLIC PARTNER agrees to perform services up to, but not under any circumstances to exceed, the total amount of funds available under this Agreement or each subsequent allotment. The PUBLIC PARTNER shall notify the IGSA Manager no less than 3 months before it shall exceed the amount of available funding.
Upon receipt of such notification, the IGSA Manager shall notify the PUBLIC PARTNER that additional 353215.3 3
funds have been allotted to the contract and specify the amount; or if funds are not available, notify the PUBLIC PARTNER to suspend performance of the Agreement until funds are available.
Both parties agree, subject to available funding on the part of the United States, to enter good faith negotiations for new Firm Fixed Price Service or negotiate adjustments to cost reimbursement if PUBLIC PARTNER's subcontractor for this Agreement enters into a collective bargaining agreement related to the performance of this Agreement. In no instance, however, shall any increase from this reopener clause more than double the escalation rate in the above price schedule, and then only upon the PUBLIC PARTNER having demonstrated to the United States' satisfaction that the collective bargaining agreement negotiations were at arm's length.
TERM OF AGREEMENT:
The term of this Agreement shall be for one year from the execution of the Agreement by the IGSA Manager, and renewable for successive one-year periods for 9 additional years. The United States shall only be obligated for only one year of performance under the agreement, as it has no authority to obligate additional periods of performance without appropriation of adequate funds by the Congress. The United States shall only be obligated for an additional year of performance upon receipt of such funds, and only upon written notice by the IGSA Manager of an intent to award the option for an additional year of performance. The IGSA Manager shall provide notice of the renewal of the IGSA at least 60 days prior to the expiration of then current performance period. The IGSA Manager may condition the renewal upon availability of funds and may suspend performance of the renewed period at no additional cost to the United States, until adequate funds have been received.
If funds are not received, the parties agree that the Agreement can be unilaterally terminated by the IGSA Manager without further liability to the United States.
GOVERNMENT WILL PROVIDE:
The government will provide an area that will fit the requirements written in the scope of work. The Government Properties (the “properties”) are identified in Exhibit 1 Section 3.7 and will be provided for use at Fort Irwin, California. A walk through the properties will be done prior to services being transitioned to City of Barstow. This service is currently housed at the properties identified in Exhibit 1 as noted above. No cost will be assigned to the PUBLIC PARTNER, contractors, or subcontractors for utilization of identified properties, to include utility use.
The attached two files, DA Form 2062 (Encl 2) Hand Receipts and spreadsheets, identify in detail the materials and equipment that will be transferred to the contractor upon transition to IGSA with the City of Barstow.
A joint inventory will be completed before both agencies sign the DA Form 2062 and validate the spreadsheets as applicable.
The PUBLIC PARTNER shall be responsible for replacing the materials identified on DA Form 2062 as needed and shall be reimbursed for such replacement.
The PUBLIC PARTNER shall replace or repair any destroyed or damaged equipment or property 353215.3 4
caused by its employees intentionally or through negligence. Should government-furnished equipment require repairs or become inoperable, the PUBLIC PARTNER shall notify the IGSA-TR.
Government-furnished property shall not be removed from the installation or used to perform other than services specified in this agreement, unless specifically approved in writing by the IGSA-TR.
The PUBLIC PARTNER will be responsible for furnishing all other facilities and equipment necessary to perform the IGSA.
INSTALLATION SECURITY AND ACCESS REQUIREMENTS:
The provisions in this section are applicable to PUBLIC PARTNER or contractor employees performing services under this Agreement.
The PUBLIC PARTNER shall not permit employees who are not citizens or lawful immigrants to perform services under this IGSA. Employees who have been convicted of felonies, sex crimes, drug offenses or violent crimes, shall not perform services under this IGSA without the specific approval of the IGSA-TR. The PUBLIC PARTNER shall not permit any employee to perform work on this IGSA if such person is identified by the IGSA-TR as a potential threat the health, safety, security, general well-being, or operational mission of the United States. The IGSA-TR may deny the continued entry of any employee upon receipt of information that indicates that the individual’s continued entry to the installation is not in the best interests of national security.
All PUBLIC PARTNER vehicles will be identifiable and include the PUBLIC PARTNER’s name.
PAYMENT:
The United States shall pay the PUBLIC PARTNER for services based upon satisfactory completion of services monthly. Payment shall be based for services provided as set forth in this Agreement. The PUBLIC PARTNER shall not include any State or Local taxes in the prices it charges the United States unless approved by the IGSA Manager in advance or where the applicable Tax Exemption Certificate is provided by the IGSA Manager to the PUBLIC PARTNER. The Public Partner shall electronically submit invoices or payment requests to the Government's Technical Representative (TR) and the IGSA Manager. The IGSA Manager will not authorize payment unless all billed services have been satisfactorily completed and may reduce the amount(s) billed for unsatisfactory or partial performance, or for other reasons specified in this Agreement. Instructions for processing payments:
Receiving/Invoicing -The municipality will send the invoice to the IGSA Technical Representative (IGSA TR), as designated and prescribed in the IGSA.
a) Invoice. The municipality (i.e. Service Provider) shall submit a valid invoice (with supporting cost/expense documentation)
b) A valid invoice must include:
- Service Provider's name and address.
- Invoice date and number;
- The IGSA number, project line item number, if applicable, and, if applicable, the order number if issued;
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-Description, quantity, unit of measure, unit price and extended price of the items delivered; - Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading (if applicable); - Name, title, and phone number of person to notify in event of defective invoice; - Commercial and Government Entity (CAGE) Code (Note: the CAGE code is a standard method of identifying a legal entity at a specific location. CAGE codes are assigned by Defense Logistics Agency) - Terms of any discount for prompt payment offered (if applicable); - Name and address of official to whom payment is to be sent; - Any discount rates (if applicable). - Payment method instructions. f) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C 58 3903) and Office of Management and Budget (0MB) prompt payment regulations at 4 CFR part 1315.
Please ensure that the below established information is identified on all invoices.
CAGE CODE: 1KTU4
CITY POC INFORMATION:
For information: Kody Tompkins 760-255-5157
For invoicing: Marisol Tolbert 760-255-5120 [email protected] g) The United States shall be responsible for a Late Payment Fee to PUBLIC PARTNER pursuant to the Prompt Payment Act (31 U.S.C 58 3903) and Office of Management and Budget (0MB) prompt payment regulations at 4 CFR part 1315.
h) The United States shall pay any late payment fee that PUBLIC PARTNER owes to contractor or subcontractor performing installation services under this Agreement within 30 days of PUBLIC PARTNER submitting written notice to the United States.
OPEN COMMUNICATIONS AND QUALITY CONTROL:
The Parties shall identify and present any issues and concerns that could potentially impede successful performance of the IGSA in a timely and professional manner. The PUBLIC PARTNER shall maintain a quality control plan to ensure all work is completed within the specified timelines and quality standards specified in the Agreement. After its execution, an initial joint meeting of the Parties will be conducted to discuss the terms of the IGSA. The initial meeting shall also discuss orientation of the PUBLIC PARTNER and its employees to work areas on the installation as well a phase-in plan to permit the transition of responsibilities for performance of the services by the PUBLIC PARTNER.
INSPECTION OF SERVICES:
The PUBLIC PARTNER will only tender services and goods in conformance with the IGSA. The installation shall appoint TR who will be responsible for inspecting all services performed. The PUBLIC PARTNER will be notified of the identity of the TR and their alternate, of any changes. If services are performed outside the installation, the TR shall be granted access to areas where services are performed.
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The TR shall have the right to inspect and test all services; inspections and tests to be conducted in a manner that will not unduly delay the performance of work.
If the TR determines that services do not conform to the requirements in Agreement, the TR can require the PUBLIC PARTNER to perform the services again, in whole or in part, at no additional cost to the government. Alternately, the TR can reduce the price to be paid for services to reflect the reduced value of the services to be performed. If the services cannot be corrected by re-performance, the TR can reduce the billed price to reflect the reduced value of the services to be performed. The TR may alternately, in his sole discretion, waive price reductions or re-performance of services. Such waivers shall not constitute a waiver of requirements in the IGSA unless approved in writing by the IGSA Manager.
If the PUBLIC PARTNER is unable to perform any of the services due to an occurrence beyond the reasonable control of the parties, such as Acts of God, unusually severe weather, or government activities on the installation which impede the PUBLIC PARTNER's performance, the PUBLIC PARTNER shall promptly notify the TR.
In those rare instances in which the PUBLIC PARTNER fails to re-perform services or abandons performance, the United States may perform or contract for performance of the services and charge those costs to the PUBLIC PARTNER. Except in an emergency, the United States will not exercise this authority without providing prior notice to the POC designated by the PUBLIC PARTNER to allow for amicable resolution of issues between the parties. If services are deemed to be deficient and can’t not be corrected to the satisfaction of the TR, the Agreements Officer may terminate the IGSA immediately. Such termination shall not become effective without prior notice and consultation with the PUBLIC PARTNER POC identified in this agreement.
TERMINATION:
The IGSA may be terminated by mutual written agreement at any time. Except as otherwise specified in this agreement, either party can unilaterally terminate this IGSA upon 180 days written notice to the POCs designated in this Agreement.
The United States reserves the right to terminate this agreement for its convenience at any time.
When notified by the IGSA Manager of the termination, the PUBLIC PARTNER shall immediately stop all work. The government will pay the PUBLIC PARTNER a percentage of the agreed price reflecting the percentage of work performed to the notice and associated reasonable termination costs. The PUBLIC PARTNER shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
SUSPENSION OF AGREEMENT:
The United States reserves the right to suspend performance of the agreement or access to the installation in event of emergencies, mobilizations, national security reasons, or for other reasons outside the control of the United States. The PUBLIC PARTNER will be entitled to an extension of time to for completion of the Services and shall be extended based upon the impact of the delay or suspension and shall receive an equitable compensation adjustment. In the event either party is 353215.3 7
unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
APPLICABLE LAW:
The IGSA is subject to the law and regulations of the United States. If any federal statue expressly prescribes policies or requirements that differ from the terms and conditions of this IGSA, the provisions of the statute shall govern.
CLAIMS AND DISPUTES:
The parties shall use their best efforts to resolve any disagreement or disputes they may have regarding this Agreement. To minimize disputes, the parties will meet periodically, preferably monthly, to discuss performance and any other issues they may have. The TR shall represent the Government in such meetings.
If the parties are unable to resolve an issue, the TR or the PUBLIC PARTNER may submit a claim arising out of the Agreement to the IGSA Manager for a final decision. The written submission must specify the nature and basis for the relief requested and include all data that supports the claim and may designate a PUBLIC PARTNER representative to discuss the claim and its resolution. The IGSA Manager shall issue a final decision within 90 days of receipt of each claim.
Appeals authority: If the PUBLIC PARTNER is dissatisfied with the IGSA Manager's decision, it may appeal the matter to the installation commander and must specify the basis of its disagreement. The installation commander or his designee shall issue a final determination on the matter within 60 days of receipt of the appeal. The final determination shall be reduced to writing and provided to the POCs specified in this agreement. All final determinations that result in the payment of additional funds to the PUBLIC PARTNER must be coordinated with the IGSA Manager.
The parties agree to the above procedures in lieu of litigation in any forum.
NOTICES, POINTS OF CONTACT (POCs), ANNUAL REVIEWS, AND AMENDMENTS TO THE IGSA:
The POCs for issues pertaining to this IGSA are as follows:
For the United States:
IGSA Technical Representative (TR)
Elisa C. Sanchez
(760) 380-5290
[email protected]
IGSA Technical Representative (TR)
Christopher A. Woodruff
(760) 380-4987
[email protected]
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IGSA Technical Representative (TR)
Darrell F. Kemp
(760) 380-3534
[email protected]
IGSA Manager (IGSA-M)
Ronny J. James(760) 380-6271
[email protected]
IGSA Resource Management Representative (RMO)
Valencia Johnson (760) 380-2559
[email protected]
IGSA Financial Representative (RMO)
Angela Washington (760) 380-7157
[email protected]
For the PUBLIC PARTNER:
Technical Representatives Chris Heldreth
(760) 255-5161
[email protected]
Kody Tompkins
(760 255-5175
[email protected]
Financial Representative Marc Puckett
(760) 255-5117
[email protected]
IGSA Manager Andy Espinoza, Jr.
(760) 255-5101
[email protected]
Unless otherwise specified, all notices under this Agreement shall be provided to the POCs specified above.
The POCs and a management official at least one level above the POCs as well as the IGSA Manager shall meet annually to discuss the IGSA and consider any amendments to the Agreement.
Any party can propose amendments at any time. All amendments must be reduced to writing and incorporated by amendment to Agreement by the IGSA Manager to be effective. 353215.3 9
DUTY TO PROTECT GOVERNMENT PROPERTY ON THE INSTALLATION:
The PUBLIC PARTNER shall conduct a visit of the installation with the Technical Representative and IGSA Manager prior to performance to satisfy itself of the general and local conditions existing on the installation to include sites where services will be performed. The PUBLIC PARTNER shall prepare an accident-avoidance plan and plan to protect Government property on the installation. The PUBLIC PARTNER shall take measures to protect and not damage any property of the United States during performance of services. Should the PUBLIC PARTNER damage such property, the PUBLIC PARTNER may replace the item or restore it to its prior condition at its own cost or reimburse the United States for such costs. If the PUBLIC PARTNER does not take measures to replace or restore, the United States reserves the right to deduct replacement or restoration costs from amounts billed by the PUBLIC PARTNER each month. The CR shall provide written notice of the Government's intent to offset costs against billings to allow the parties to resolve the matter amicably. Such resolution can include a schedule for payments to cover the loss or restoration of Government property over the term of the current period of performance.
CONTINUITY OF SERVICES:
The PUBLIC PARTNER recognizes that the services under this Agreement are vital to the United States and must be continued without interruption and performed even in event of a dispute between the parties. Should the United States terminate this Agreement for any reason, the PUBLIC PARTNER agrees to furnish phase-in training to any successor contractor and exercise its best efforts and cooperation to effect an orderly and efficient transition of services.
HOLD HARMLESS:
Except as otherwise provided in this Agreement, the PUBLIC PARTNER shall indemnify and hold the United States harmless against any and all judgments, expenses, liabilities, claims and charges of whatever kind or nature that may arise as a result to the extent of the PUBLIC PARTNER’s negligence, willful acts or misconduct of the activities of the PUBLIC PARTNER or its employees and subcontractors in performance of this Agreement.
INSURANCE:
The PUBLIC PARTNER shall provide the Government copies of their subcontractors’ insurance policies (required under their contract with the city), such policies either naming the U.S. Army Garrison Fort Irwin as the named insured or as a blanket additional insured by clause or endorsement. These copies shall be provided to the Government within 30 days after the effective date of the IGSA. The insurance policies will have an aggregate commercial general liability minimum of at least $2million, with a minimum of $1 million of coverage for each occurrence. It shall also contain a minimum of $1 million of auto liability insurance and a minimum of $1 million of workers’ compensation/employer’s liability insurance.
WAGES AND LABOR LAW PROVISIONS:
These provisions apply to the PUBLIC PARTNER and any contractor performing services under this IGSA on behalf of the PUBLIC PARTNER. The PUBLIC PARTNER shall be exempt from federal labor statutes, provided it pays its employees at wage grades or rates normally paid by the PUBLIC PARTNER and complies with all applicable PUBLIC PARTNER labor laws and standards. In no event, 353215.3 10
however, shall any employee be paid at wage rate below the minimum wage established in the Fair Labor Standards Act. The PUBLIC PARTNER shall comply with all applicable federal state and local occupational safety and health requirements and standards. If the PUBLIC PARTNER has knowledge that any actual or potential labor dispute by its employees may delay or threaten to delay performance of the contract, the PUBLIC PARTNER shall immediately notify the TR and the IGSA Manager. The PUBLIC PARTNER shall provide timely updates until the dispute is resolved.
NON-DISCRIMINATION AND SEXUAL ASSAULT/HARASSMENT:
This provision applies to PUBLIC PARTNER and its contractors. The PUBLIC PARTNER agrees not to discriminate against any employee based upon race, color, religion, sex, national origin, or sexual orientation, or to allow any employee to engage in discriminatory practices or conduct while performing work under this IGSA. The PUBLIC PARTNER shall not permit employees which engage in sexual assault, sexual harassment or trafficking to perform services under this IGSA. The PUBLIC PARTNER shall not engage in age discrimination and shall comply with the Americans with Disabilities Act with respect to the hiring and accommodation of employees performing services under this IGSA.
TRANSFERABILITY: This Agreement is not transferable except with the written authorization of the IGSA Manager.
ACTIONS OF DESIGNEES: Any act described in the IGSA to be performed by an individual or official can be performed of the designee of such individual or official, apart from the Agreements Officer.
Enclosures:
Encl 1 Scope of Work and Technical Exhibits for all Hazardous Waste Support Services (Document titled “Enclosure 1_Hazardous Waste Support Services 25 Oct 2023_IGSA.docx”)
Encl 2 Form 2062 Hand Receipts and Equipment List for Government Furnished Property (Document titled “TE 10 Government Furnished Equipment.xlsx”) Encl 3 AT/OPSEC/IA Coversheet
(Document titled “AT-OPSEC Hazwaste 2023.pdf”)
[Signatures on following page]
353215.3 11
Signatures and dates of signatures of the parties:
FOR THE CITY OF BARSTOW, CALIFORNIA FOR THE UNITED STATES:
___________________________ _______________________________ DR. PAUL A. COURTNEY COL. LANE A. BOMAR, AR
MAYOR GARRISON COMMANDER
___________________________ _______________________________
DATE DATE
ATTEST:
_________________________
City Clerk
354158.1
354158.1
Hazardous Waste Support Services Contract
11 July 2023
PART 1
GENERAL INFORMATION
1. GENERAL: This is a non-personal service contract under which 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. The United States (U.S.) Government shall not exercise supervision or control over the Contractor’s employees performing the tasks herein. Such contract employees shall be accountable solely to the Contractor who, in turn shall be responsible to the U.S. 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 in full capacity support for disposition services, detailed life cycle tracking and management of all hazardous wastes (HW) on the installation to include reutilization/ recycling of material identified for disposition in accordance with (IAW) all applicable Federal, State, and local laws and regulations as defined in this PWS except for those items specified as government furnished property (GFP) and government furnished services (GFS). The contractor shall perform to the standards in this contract.
1.2 Background: National Training Center (NTC) Fort Irwin, California is located in San Bernardino County, California. Fort Irwin consists of approximately 753,537 acres and 6,971,497 Square Feet (SF) of total building space. The population of the installation consists of approximately 4,890 active military, 5,629 (average) rotational military, and 5,000 Government civilian and Contractor personnel, and 7,433 resident family members. Fort Irwin is a remote installation located in the Mojave Desert, approximately 37 miles northeast of Barstow, California.
1.3 Objectives: The objective of this contract is to ensure Fort Irwin complies with Federal, State, and local regulations related to hazardous waste and related waste streams. They shall utilize pollution prevention principals and best management practices to conduct their operations and reduce the impact on the environment.
1.4 Scope:
Contractor shall provide non-personal services to include the complete management and disposition services for Federal hazardous waste (FHW), CA State hazardous waste (CHW), Universal Waste (UW), Conditionally Exempted Specified Waste Streams (CESW), Conditionally Exempted for recycling (CE-R), and non-hazardous-regulated waste (NHW-R) items generated by installation personnel that are restricted from Class III landfill disposal.
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This scope also includes servicing of equipment that supports stores, or conducts removal of hazardous or regulated constituents from industrial processes such as oil water seperators/carbon filters/sand filters and operation of a bioremediation landfarm(aka “biofarm”) for Petroleum, Oils, and Lubricants (POLs). At no time shall the contractor directly contact any regulatory agency in regard to environmental matters on government owned properties, government owned permits, or government funded operations. Should a need for a regulatory dialogue arise the contractor shall contact the DPW Environmental Division for guidance and facilitation of communication. The contractor is not empowered, nor authorized, to speak on behalf of the government in any environmental matter unless specifically directed otherwise in writing through applicable contracting channels.
1.5 Period of Performance:
The period of performance shall be for one (1) Base Year of 12 months and nine (9) 12- month option years. Period of performance is 04 May 2024 through 03 May 2034.
There will be a 15-day transition period which will allow the contractor to observe the current contractor and prepare to take over service.
1.6 General Information:
1.6.1 Quality Control Plan (QCP): The contractor shall develop and maintain an effective quality control program 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 procedures shall be documented in a Quality Control Plan (QCP). The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract.
The QCP will be delivered within 30 days after contract award or with the contractor’s proposal if it is an evaluation factor, three copies of a comprehensive written QCP shall be submitted to the KO and COR within 5 working days when changes are made thereafter. After acceptance of the quality control plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system.
1.6.1.1 The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The QCP shall be submitted within thirty (30) days of contract award. After acceptance of the QCP, the contractor shall receive the contracting officer’s (KO) acceptance in writing of proposed changes to the QC procedures. The contractor shall submit QCP changes within five (5) days to the KO and Contracting Officer’s Representative (COR) for review and approval prior to implementation.
1.6.1.2 The Quality Control Plan shall address as a minimum:
1.6.1.2.1 Inspection Program. Included shall be a quality control inspection program covering all general and specific tasks included in the contract scope of work. It shall specify tasks or areas to be inspected on a scheduled or unscheduled basis, the manner in which inspections are to be conducted, the titles of the individuals who will perform the inspections, and the percentage of the work that will be inspected on a recurring basis. In developing this inspection program, the Contractor shall identify the
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key activities and associated characteristics in each process that have a significant influence on specific services and provide for methods for evaluation of the selected characteristics.
1.6.1.2.2 Deficiency Identification. The QCP shall include a method of identifying deficiencies in the quality of services performed before the level of performance becomes unacceptable as defined in the PRS. This shall contain processes for corrective action without dependence upon Government direction.
1.6.1.2.3 Deficiency Correction. The program shall contain process control and process performance measurement procedures that shall include how the Contractor shall implement preventive corrective actions. The Contractor shall demonstrate that it has designed quality into the delivery of services thereby mitigating the risk(s) associated with delivery of deficient or nonconforming services.
1.6.1.2.4 Documentation and Enforcement. The QCP shall include a method of documenting and enforcing quality control operations of both prime contractor and subcontractor work, including inspection and testing.
1.6.1.2.5 Trend Analysis. The QCP shall include a method of performing trend analysis and assessments through the use of metrics.
1.6.1.2.6 Surveillance Methods: The Government shall monitor the Contractors performance under this Task/Delivery Order in accordance with the Governments QASP.
1.6.2 Quality Assurance (QA): The government shall evaluate the contractor’s performance under this contract in accordance with the Performance Requirement Summary (PRS). Additionally, the Government will use a Quality Assurance Surveillance Plan (QASP), in the inspection of the services. 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:
The Contractor recognizes all Federal Holidays listed below, or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings unless otherwise stated in the PWS. • New Year's Day (January 1).
• Birthday of Martin Luther King, Jr. (Third Monday in January). • Washington's Birthday (Third Monday in February).
• Memorial Day (Last Monday in May).
• Juneteenth (June 19).
• Independence Day (July 4).
• Labor Day (First Monday in September).
• Columbus Day (Second Monday in October).
• Veterans Day (November 11).
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• Thanksgiving Day (Fourth Thursday in November).
• Christmas Day (December 25).
1.6.4 Hours of Operation: The contractor is responsible for conducting business, during the core hours of 0700 to 1600, Monday through Friday, except federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must always maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.
1.6.5 Place of Performance: The work to be performed under this contract will be performed at Fort Irwin, California.
1.6.6 Type of Contract: Firm fixed Price contract with a reimbursable items for pollution prevention cost and emergency spill cleanup.
1.6.7 Access and General Protection Policy and Procedures:
1.6.7.1 FPCON: In addition to the changes otherwise authorized by the changes of clause of contract, should the US Government Force Protection Condition (FPCON) at any individual installation change, the Government may require changes in contractor security matters or process in accordance with DoDI 2000.16. During FPCONs Charlie and Delta, only contract services that have been deemed “mission essential” by the Government will continue. Contract services will resume when the FPCON is reduced to Bravo or lower.
1.6.7.1.1 HPCON: The contractor shall be responsible for adhering to the installation’s Health Protection Condition (HPCON) guidance regarding the COVID-19 precautionary measures.
1.6.7.2 Physical Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.
1.6.7.3 Escorts: Reserved.
1.6.7.4 Personnel Security Clearance Requirements: Contractor personnel performing work under this contract must have a minimum of a NCIC III (Background check) prior to accessing Fort Irwin and placement in any designated position at time of the proposal submission and must maintain the level of security required for the life of the contract.
The security requirements are in accordance with the attached DD254. This Background check is IAW USAG Fort Irwin Policy #9, Installation Access Control and AD 2014-05.
1.6.7.5 Background Checks: All contractor and all associated sub-contractor’s employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by
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government representative). The contractor shall also provide all information required for background checks to meet installation/facility 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 installation or facility change, the Government may require changes in contractor security matters or processes. • Full birth name
• Married name (if applicable)
• SSN or local equivalent (ID card number)
• Date of birth
• Place of birth (city, country)
1.6.7.5.1 Background Check Notification Requirements: If a background check on any employee or subcontractor employee performing services under this contract, whether the check was conducted as a condition of employment or as part of the contract with the Government, reveals any information from any source (including host country law enforcement) of criminal activity by Contractor employees, subcontractors, or subcontractor employees, the Contractor shall immediately notify the KO and COR of that information. The Contractor shall make notification of:
(1) Traffic violations, other than parking, will be reported to the KO or COR only if the contract is for drivers for the Government.
(2) Any suspicious activity by Contractor employees, subcontractors, or subcontractor employees the Contractor believes may pose a risk to U.S. or host nation national security or imminent risk of deadly bodily harm to any person; and (3) Any actions taken against Contractor employees, subcontractors, or subcontractor employees pursuant to this requirement.
1.6.7.5.2 Remedies. In addition to other remedies available to the Government, the Contractor’s failure to comply with the requirements of this paragraph my result in requiring the Contractor to remove a contractor employee or employees from the performance of the contract.
1.6.7.5.3 Subcontracts. The Contractor shall include the substance of this paragraph and the preceding paragraph in all subcontracts.
1.6.7.6 Uncleared Contractor Common Access Card (CAC) Credentialing and Access Procedures
1.6.7.6.1 Contractor Common Access Card (CAC) Eligible Requirements: 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 and Homeland Security Presidential Directive-
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12 (HSPD-12). Proposed language: “The contractor and all sub-contractors employees 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 federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an interim 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.”
1.6.7.6.1.1 Federal Installation/Facility Access: The contractor will be given keys to GFF and to a number of other facilities to facilitate its performance of work. The contractor is required to maintain accountability to all keys, key cards, and combinations provided.
1.6.7.6.2. Contractor Non-CAC Eligible Requirements for DOD Facility and Installation Access: All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.
1.6.7.7 Access to Government Information Systems: All contractor employees with access to a government info system must be registered in the ATCTS (Army Training Certification Tracking System) at commencement of services, and must successfully complete the DOD Information Assurance Awareness prior to access to the information systems and then annually thereafter IAW AR 380‐67 (Personnel Security Program) and Homeland Security Presidential Directive 12 (Policy for a Common Identification Standard for Federal Employees and Contractors).
1.6.7.8 Key Control: The Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards within one (1) hour of discovery of the loss to the Environmental Division (Division Chief or Compliance Branch Manager) and within 1 business day to the COR and the Contracting Officer.
1.6.7.8.2. Only authorized Contractor personnel shall use Government issued key(s) and/or key card(s). Contractor personnel shall follow security access requirements when entering secure areas. Contractor shall receive appropriate security clearance approval to allow visitor(s) access in secure areas.
1.6.7.9 Lock Combinations: Reserved
1.6.8 Post Award Conference/Contract Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or
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contract administration office in accordance with Federal Acquisition Regulation Subpart
42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer 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.
1.6.9 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.
1.6.10 Key Personnel:
Key Personnel. The personnel in the following positions are considered key personnel by the government: Program Manager and HWSS P2 Manager. At minimum there will need to be two separate persons fulfilling these positions. Within 90 days all personnel shall meet the training requirements in 1.5.4. The contractor shall provide a program 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 contracting officer. The program manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The program manager or alternate shall be available core hours, on-site, Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons. Qualifications for all key personnel are listed below:
1.6.10.1 Key Personnel Qualifications.
The Program Manager and HWSS P2 Manager shall meet the required training listed in
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• Bachelor of Science degree in a physical science and/or experience equivalent to Bachelor of Science degree or
• Five years of hazardous waste management.
• OSHA HAZWOPER First Responder Operations Level (FRO)
1.6.11 Special Training Required. Contractor shall provide employees environmental, health, first aid/CPR and safety training to ensure compliance with all federal, state, county and local laws or regulations. In addition, all personnel shall complete training below:
• Installation spill prevention and cleanup training (Fort Irwin SPCC training) • Fort Irwin 24-hour Hazardous Materials / Hazardous Waste Management Training
• Range Safety
• General hazardous waste recognition
• Operations, maintenance, safety, health, environmental controls, and emergency response training.
• The Contractor shall ensure employees are trained and qualified to operate specialized vehicles/equipment before assigning employees to tasks that require use of the vehicles/equipment.
• All training shall be documented and be available on-site for Environmental Division (Division Chief or Compliance Branch Manager), Quality Assurance (QA) Specialist or local enforcement agency (LEA) review.
1.6.11.1 IA/IT Training Certification: All contractor employees and associated sub‐ contractor employees requiring government computer access must complete the DoD IA awareness training before issuance of network access and annually thereafter. All contractor employees working in IA/IT functions must comply with DoD and Army training requirements in DoD 8570 01-M and AR 25‐2 within six months of employment.
1.6.12 Identification of Contractor Employees: 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. Contractor shall ensure that all personnel shall have a Fort Irwin access pass/badge that states they are a Contractor and shall be displayed at all times except when safety or health reasons prohibit. Additionally, each Contractor employee shall wear a Fort Irwin access pass/badge displayed at all times above the waist in a conspicuous place on the front of exterior clothing, except when safety or health reasons prohibit, (i.e. protective clothing worn by Fire Department personnel)
1.6.12.1 Badging of Contractor Employees: If required by the Government, contract personnel and all associated subcontractor’s employees accessing U.S. facilities or activities, shall present a valid picture ID provided by the Government while accessing
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Government owned or contracted facilities and shall adhere to facility security policies and restrictions. If applicable, Government issued access badges will not be worn outside designated facility where visible to the general public. Contractor personnel shall return all U.S. Government issued identification to appropriate U.S. Government authorities within five (5) days of the end of their contractual duties.
1.6.12.2 Uniform: The Contractor shall provide a standard uniform for all Contractor and subcontractor employees performing services under this contract, and ensure they wear the uniform during appointed duty hours. The uniform may consist of the same type and color shirt and slacks for all workers. Company logo is optional.
1.6.13 Contractor Travel: Expected travel in relation to this scope of work is to visit local regulators in participation with government representitives. Generally, less than 12 hours. But in case the travel is outside these parameters contractor will be authorized travel expenses consistent with the substantive provisions of the Joint Travel Regulation (JTR) and the limitation of funds specified in this contract. All travel requires Government approval/authorization and notification to the COR. The contractor shall not exceed $500/ year without prior notification to the contracting officer. Other travel for training and other purposes shall be the cost of the contractor unless approved by the contracting officer prior to travel being conducted.
1.6.14 Other Direct Costs (ODC): Reserved.
1.6.15 Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the 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.
1.6.16. Non-Disclosure Requirements: Contractor, or Contractor personnel, shall avoid divulging, or releasing data or information developed, or obtained under performance of this work statement, except to authorize Government personnel or upon written approval of the KO. The Contractor shall not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as specified in this PWS.
All documentation showing individual names or other personal information shall apply and shall be controlled and protected under the provisions of the Privacy Act of 1974, Public Law 93-579, 5 United States Code (U.S.C.) Section 552a.
1.6.16.1 Non-Disclosure Statements: Reserved.
1.6.16.2 Advertisement and Social Media: The Contractor shall NOT post information to public website or social media locations, personal or professional, that in any way disclose names, locations, hotel data, participants, discussions, pictures, etc. before, during or after the contract period of performance without the express consent of the Government. The use of propaganda violates DOD Commercial Use of Imagery
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Guidelines stated at
(http://www.defenseimagery.mil/products/DODimagery/commercialuse.html). The Contractor shall not cite any information (e.g., contract information, pictures, locations, etc.) obtained through this contract on any marketing tools to include its company website.
1.6.16.3 INFORMATION ASSURANCE: At no time will the Contractor or associated sub-contractor employees transmit government documents or information over using methods that do not meet the security requirements specified in the National Institute of Standards and Technology (NIST) Special Publication
(SP) 800-171, "Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations" such as personal electronic mail accounts, public digital data storage sites (cloud storage), social media platforms or instant messaging.
Approved government sites such as U.S. Army Aviation and Missile Research Development and Engineering Center (ARMDEC) Safe Exchange at https://safe.amrdec.army.mil/SAFE/About.aspx, or All Partners Access Network (APAN) at https://community.apan.org/, or other transmission means determined by the government must be used.
1.6.17 Organizational Conflict of Interest (OCI): 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.
1.6.18 Phase-in/Phase-Out (PIPO) Period: Reserved.
1.6.19 General Training Requirements:
1.6.19.1 Anti-Terrorism (AT) Level I Training: 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 30 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 or to the Contracting Officer, if a COR is not assigned, within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I
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awareness training is available at the following website:
http://jko.jten.mil/courses/atl1/launch.html
1.6.19.2 OPSEC Awareness: The Contractor shall develop an OPSEC SOP/Plan within 90 days of contract award. The OPSEC SOP/Plan must be reviewed and approved by the RA OPSEC Officer. The SOP/Plan will include the government's critical information, why it needs to be protected, where it is located, who is responsible for it and how to protect it. In addition, the contractor shall identify an individual who will be an OPSEC Coordinator.
1.6.19.3 Information Assurance (IA) Training: All contractor employees and associated sub‐contractor employees must complete the DoD IA awareness training before issuance of network access and annually thereafter. All contractor employees working in IA/IT functions must comply with DoD and Army training requirements in DoD 8570 01-M and AR 25‐2 within six months of employment.
1.6.19.4 Information Assurance (IA)/Information Technology (IT) Training: All Contractor employees and subcontractor employees requiring access to Government information systems must complete the DoD IA awareness training before issuance of network access and annually thereafter. All employees working in IA/IT functions must comply with DoD and Army training requirements in Per DoD 8570.01, DOD 8570.01-M, and AR 25-2, within 30 days of employment. Training is available at https://ia.signal.army.mil/DoDIAA/default.asp.
1.6.19.5 Threat Awareness Reporting Program (TARP Training): All new contractor employees will complete annual Threat Awareness and Reporting Program (TARP) Training provided by a Counterintelligence Agent, IAW AR 381-12. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee(s) or a memorandum for the record, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. Authorized web-based TARP training for CAC card holders is available at the following website:
https://www.us.army.mil/suite/page/655474
1.6.19.6 iWATCH Training: The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally 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 project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.
1.6.19.7 OPSEC Training: All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. OPSEC awareness training is available at
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the following websites: https://www.iad.gov/ioss/ or
http://www.cdse.edu/catalog/operations-security.html
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PART 2
DEFINITIONS & ACRONYMS
2. DEFINITIONS AND ACRONYMS:
2.1. Definitions:
2.1.1. ACCUMULATION POINT - A hazardous waste pick-up point is a location where units/facilities accumulate and temporary store HW for Contractor pick-up.
2.1.2 CLASS 1 TYPE DISPOSAL FACILITY: A disposal facility outside the boundaries of the NTC which has a permit under California, EPA or another states' regulations for the disposal of hazardous waste and will accept hazardous wastes shipped under a HW manifest from the NTC.
2.1.3. CONTRACTOR: A supplier or vendor having a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.
2.1.4. CONTRACTING OFFICER (KO). A person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings
2.1.5. 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.
2.1.6. DEFECTIVE SERVICE: A service output that does not meet the standard of performance associated with the Performance Work Statement.
2.1.7. DELIVERABLE: All goods, out-puts, end products, services, work, work product, items, materials and property to be created, developed, produced, delivered, performed or provided by or on behalf of, or made available through, Contractor (or any agent, contractor or subcontractor of the contractor) in connection with this contract. Most deliverables take the form of a tangible product (hardware, software, data, written report, completed installation, etc.), but some can also be less tangible (meeting facilitator or custodial services).
2.1.8 ESOHMIS - Hazardous Materials Management System, computer database used by the Department of Defense to track purchases/uses/disposal of hazardous materials.
2.1.9. EXPENDABLE MATERIAL: Items such as trash bags that are incidental in the process of handling Hazardous waste cleanup.
2.1.10. GOVERNMENT FURNISHED FACILITIES (GFF): Real property furnished by the government to the contractor to accomplish the scope of the contract.
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2.1.11. GOVERNMENT FURNISHED EQUIPMENT (GFE): Vehicles and equipment furnished by the government to facilitate the contractor accomplishment of the scope of the contract.
2.1.12. GOVERNMENT FURNISHED PROPERTY (GFP): Means property in the possession of, or directly acquired by the government and subsequently furnished to the contractor for performance of the contract.
2.1.13. HAZARDOUS MATERIAL: Any substance or material that has been determined by the U.S Secretary of Transportation to be capable of posing an unreasonable risk to health, safety or property while being transported. Hazardous wastes are listed in the tables of 49CFR Part 172, Subpart B.
2.1.14. HAZARDOUS MATERIALS MANAGEMENT PROGRAM: A Department of Defense program involving the centralization and control of hazardous materials.
Currently ESOHMIS - Hazardous Materials Management System, computer database used by the Department of Defense to track purchases/uses/disposal of hazardous materials.
2.1.15. HAZARDOUS WASTE (HW): a waste or combination of wastes, which because of its quantity concentration or physical, chemical, or infectious characteristics may:
1. Cause, or significantly contribute to an increase in serious irreversible, or incapacitating reversible illness; or
2. Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed; and/or is defined or listed as hazardous by Federal or California law. A hazardous waste may be either a "RCRA regulated" hazardous waste or a "California regulated" hazardous waste.
3. Includes non-hazardous/non-regulated waste that cannot be placed in the NTC landfill, wastewater treatment plant or accepted by the recycling program.
2.1.16. HAZARDOUS WASTE MONITOR (HWM): a person designated by any NTC unit or NTC satellite activity to be responsible for the daily and weekly inspection of the unit's hazardous waste pick up points. The HWM serves as the unit's Point of Contact for the Contractor.
2.1.17. HAZARDOUS WASTE PICK-UP POINT: Pick-up points may be at any location at a NTC unit or NTC Satellite Activity where HW is accumulated. Pick-up points can include "Unit Accumulation Points", underground/aboveground tanks, oil-water separators, and wash racks.
2.1.18. HAZARDOUS MATERIAL INFORMATION SYSTEM (HMIS): HMIS is a computer database used by the Department of Defense to track purchases/uses/disposal of hazardous materials. Current iteration is called ESOHMIS.
2.1.19. 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
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evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.
2.1.20. PHYSICAL SECURITY: Actions that prevent the loss or damage of Government property.
2.1.21. QUALITY ASSURANCE: The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.
2.1.22. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.
2.1.23. QUALITY CONTROL: All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.
2.1.24. RECYCLABLE: Materials that have useful physical properties after serving their original purpose and that can be remanufactured for the same or other purposes to include office paper mix, aluminum beverage cans, tin and bimetal food and beverage containers, corrugated cardboard, plastic containers, glass bottles, jars and newspapers, small arms brass.
2.1.25. REUSE: Reuse is the action or practice of using something again, whether for its original purpose (conventional reuse) or to fulfil a different function (creative reuse or repurposing). It should be distinguished from recycling, which is the breaking down of used items to make raw materials for the manufacture of new products. The calculation for reuse rate is [Quantity of reuse in tons]/ [Total tons of solid waste]
2.1.26. ROTATIONAL UNIT: A transient unit, assigned to the NTC for a training cycle.
2.1.27. SATELLITE ACTIVITY: Any Army/DoD activity that is operated (DoD, Army, civilian or contractor personnel) under the auspices of the installation and related commands but not on the installation.
2.1.28. SOLID WASTE: Discarded materials including refuse, recyclables, reusable materials, and compostable materials. It may contain prohibited items.
2.1.29. SPILL: A spill is any release [leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of hazardous substances (as defined by CERCLA)], to include RCRA and California regulated hazardous wastes, into the environment. Under the scope of this contract, a spill may originate from an aboveground or underground source.
2.1.30. SUBCONTRACTOR: One that enters into a contract with a prime contractor.
The Government does not have privity of contract with the subcontractor.
2.1.31. UNIT/FACILITY: Any DoD organization or facility that is operated auspices of the installation or related commands.
2.1.32. WORK DAY: The number of hours per day the Contractor provides services in accordance with the contract.
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2.1.32. WORK WEEK: Is defined as Monday through Friday, unless specified otherwise.
2.2 Acronyms:
ALMS Army Learning Management System
ANSI American National Standards Institute
AOR Area of Responsibility
AR Army Regulation
ATCTS Army Training Certification Tracking System
AT Anti-Terrorism
CAC Common Access Card
CERCLA Comprehensive Environmental Response, Compensation, and Liability Act
CFR Code of Federal Regulations
CI Counter Intelligence
CLIN Contract Line Item Number
CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative
DLA-DS Defense Logistic Agency Disposition Services
DD Form 254 Department of Defense Contract Security Requirement List DOD Department of Defense
DODD Department of Defense Directive
DODI Department of Defense Instruction
DPW Directorate of Public Works, NTC
DPW-EV Directorate of Public Works – Environmental Division DTSC Department of Toxic And Substance Control, Cal EPA EPA Environmental Protection Agency, Federal
FAR Federal Acquisition Regulation
FHP Force Health Protection
FCG Foreign Clearance Guide
FY Fiscal Year
GFE Government Furnished Equipment
GFP Government Furnished Property
HM Hazardous material,
HMMP Hazardous Materials Management Program,
HMIS Hazardous Material Information System, Current iteration is ESOHMIS.
HWSS Hazardous Waste Services Support
IA Information Assurance
IAW In Accordance With
IT Information Technology
JPAS Joint Personnel Adjudication System
JTR Joint Travel Regulation
KO Contracting Officer
LOA Letter of Authorization
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MIS Management Information System
NCIC-III National Crime Information Center Interstate Identification Index NIST National Institute of Standards and Technology
NTC National Training Center and Fort Irwin
OCI Organizational Conflict of Interest
OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs
OSHA Occupational Safety and Health Administration
OPSEC Operation Security
PIPO Phase In/Phase Out
PRS Performance Requirements Summary
POL Petroleum, Oil and Lubricants
PWS Performance work statement i.e. scope of work.
QA Quality Assurance
QC Quality Control
QCP Quality Control Program
QRP Qualified Recycling Program
RA Requiring Activity
RCRA Resource Conservation Recovery Act
SCR Service Contract Reporting
SOP Standard Operating Procedures
SPOT Synchronized Predeployment and Operational Tracker TE Technical Exhibit
TSDB Terrorist Screening Data Base
TSDF Treatment, Storage and Disposal Facility
U.S.C. United States Code
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PART 3
GOVERNMENT FURNISHED PROPERTY AND SERVICES
3.1 Government Furnished Property
3.1.1 The Government will make available certain property, services, and facilities for the Contractor’s use, as identified in this PWS and listed in TE 10 – “Government Furnished Equipment” The Contractor is accountable for any property, supplies, materials, and facilities accepted as GFP, including government property in the possession of the subcontractor. The Contractor shall not retain title to U.S. Government-provided facilities, equipment, or services for any purpose other than in the performance of this contract.
The Government will provide Government Furnished Property (GFP) which consist of Material (FAR 45.101, 52.245.1(a), Equipment (FAR 45.101, 52.245-1(a), Special Test Equipment (FAR 2.101), Special Tooling (FAR 2.101), Sensitive Property and Real Property (FAR 45.101, 52.245-1(a), to be placed in the contractor’s custody.
In general, the contractor shall be responsible for maintain the government furnished hazardous waste handling equipment (see Tech Exhibit 10) and other small equipment items furnished by the government including compressors and tools.
The facilities made available to the contractor shall be maintained by the base operation contractor. The contractor shall be responsible for housekeeping, notifying the government of any maintenance and repair issue with the facilities and repairing damage done by the contractor, his subcontractors, or his employees.
The government furnished equipment provided to the contractor shall be maintained either by Logistic Readiness Center (LRC) or by the contractor as described in this section. In general rolling stock shall be maintained by LRC and solid waste supporting equipment and small equipment not listed in TE 10 shall be maintained by the contractor.
The contractor shall follow the LRC’s guidelines to enable and support LRC support of the GFE. The contractor shall be responsible for damage done by the contractor, his subcontractors, or his employees to the GFE.
3.1.2 A joint inventory of Government-furnished property must be completed within the timeline outlined in the Government approved transition plan. Items of equipment missing or not in working order shall be recorded and the COR shall be notified in writing. The Contractor and the Government representative shall jointly determine the working order and condition of all equipment and document their findings. Rejection of GFP by the Contractor shall not relieve the Contractor of responsibility in performance of this contract but will relieve the Government from the obligation of providing the same or similar GFP at a future date. The Contractor shall not use property provided by the Government for any purpose other than the performance of this contract. The Contractor shall conduct 100% inventories of Government property at a minimum, annually, IAW Contractor’s approved property management procedures and provide results IAW the DFARS PGI 245.103-72 format.
3.1.2.1 Final Inventory. At the completion of the contract, the Contractor and Government representative(s), shall conduct a joint inventory.
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3.1.3 The contractor shall not mark, affix any decals, emblems or signs portraying the contractor's name on Government property. The contractor shall not remove GFP from the Installation or other supported areas without written approval of the KO.
3.1.4 The contractor shall track and maintain warranty records for all contractor property and supplies for use under this contract – both Government furnished, and contractor acquired. The contractor shall enforce all warranties when applicable. The contractor shall ensure no unnecessary expenditure of Government funds, either direct or through cost reimbursement, for repair or maintenance of warranted items. The contractor shall inform the Government of difficulties encountered in the enforcement of warranties and of instances in which the costs of enforcement would exceed the benefits derived.
3.1.5 The contractor shall not modify or cannibalize, any GFP/CAP without prior written approval of the KO.
3.1.6 The Government may choose to withdraw or replace GFP at any time during the contract. The KO will provide a written 30-day notice of the impending withdrawal of GFE for use on this contract and provide direction to the contractor as to the method(s) by which the Government may replace GFP. The contractor shall ensure all IT equipment is purged of proprietary data prior to turn-in or disposal IAW the PLCO/KO.
3.1.7 Contractor may be held liable for the loss, damage, or destruction of Government property in event of negligence or willful misconduct. The utmost care will be given to the preservation of Government property. The contractor will implement a system in which employees can report fraud waste and abuse to their supervisors without fear of retribution. Contractor will also brief all employees on the procedures for reporting via the Governmental programs.
3.1.8 Loss of any sensitive item will indicate a material weakness in the contractor’s method of accounting for equipment and will revoke the Government’s assumption of risk. Additionally, the KO may revoke the Government’s assumption of risk (see FAR
45.104) if the property administrator determines that the contractor’s property management practices are inadequate and/or present an undue risk to the Government.
In the event that any sensitive or CCI Government property furnished to, or acquired by the contractor is lost, damaged, destroyed or stolen, the contractor shall notify the COR in writing within one hour of discovery of loss. The notification must contain a description of the item, serial number, and last known location. All loss shall be reported IAW 52.245-1 and approved contractor procedures.
3.2 Emergency and Rescue
3.2.1. The Contractor shall have competent personnel trained and capable of dealing with minor personnel injuries. The Contractor employees shall immediately notify their supervisor of any accident requiring emergency medical treatment. The Contractor will, in turn, notify the KO or Contracting Officer’s Representative (COR) and Environmental Division (Division Chief or Compliance Branch Manager) within 30 minutes of the incident.
Emergency medical treatment and services for Contractor personnel is the responsibility of the Contractor.
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3.2.2 The Government will provide emergency medical care for Contractor employees who suffer on-the-job injury or disease (or for other injuries when necessary to prevent undue suffering or loss of life or limb) on a reimbursable basis.
This care is available on site, either by calling 911 or via a walk-in basis at the emergency room at Weed Army Community Hospital (WACH). Medical services will be rendered at the rates established. Payment will be made to the hospital collection agency upon receipt of invoice, provided from the Contractor or the individual’s, for such services.
3.2.3 The Government will provide installation fire services to include firefighting, fire prevention inspections and investigations; installation security services; confined space rescue; and Hazardous Material (HAZMAT) first response.
3.3 Telecommunications/Utilities
The Government will provide utilities as currently installed in Government Furnished Facilities (GFF). The Contractor shall comply with established procedures, techniques, regulations, and goals set forth in energy conservation and utilization standards. Electrical connections or temporary installations shall be made in accordance with safety regulations. All facilities do not receive the same utility services.
The Contractor shall pay for connections to the existing facilities for contractor provided facilities.
The Contractor shall:
a. Not change or modify any utility system/component without prior government review and written approval.
b. Not connect any contractor’s automated systems without prior government review and written approval.
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.
3.3.1. Telecommunications: Reserved
3.3.2. Water Utility
The Government will furnish water near Washrack 630.
3.3.3 Sewage Utility
The Contractor shall hook into an existing sanitary sewer service near Washrack 630.
3.3.4 Electric Utility
Electricity is available to the Contractor at no cost for use in government provided facilities and contractor facilities used solely for this contract. Electric vehicles shall not be connected to government provided utilities without permission from DPW and the KO.
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3.4 Government Owned Vehicles Reserved
3.5 GFE Tools, Hand Tools, Equipment; Test, Measurement and Diagnostic Equipment (TDME) Calibration Services Reserved
3.6. Government Property: Property, equipment, hand tools, tools, parts, furnished materials, and scrap metals resulting from or furnished under this contract shall remain the property of the Government. Unserviceable non-repairable equipment, hand tools, tools, parts, scrap metals and materials shall be disposed of via the property book process or QRP.
3.7 Government Furnished Facilities and Real Property
3.7.1 The Government will provide the facilities (real property) shown in TE 09 Contractor operated areas also known as the Pollution Prevention Yard minus the trailer TR630 (furnished by the contractor) and the soil treatment facility off Sanitary Fill Road inside the gate of the Landfill. The contractor shall not use the facilities provided to support other contracts or other activities without contracting officer permission in writing.
3.7.2 The contractor shall not make alterations to GFF without the prior written approval of DPW.
3.7.3 The contractor is directly responsible to coordinate for any and all facility repairs with the local DPW Work Order Section (emergency or normal work orders) for required repairs.
3.7.4 The contractor shall submit all other facility maintenance, repair, new construction, and major equipment installation requests using DA Form 4283 to the appropriate Facility Coordinator for processing.
3.7.5 The contractor shall establish and maintain an up to date GFF work order log on-site for each major functional area and equipment maintenance shop for all DPW work and service orders submitted. The contractor shall ensure the DPW work order logs contain the following information: work order number, date and time work order(s) submitted, name of person initiating work order(s), reason for work order(s), any follow-up data and date of work order closeout.
3.7.6 The Government will provide parking areas for privately owned vehicles (POV).
Contractor personnel shall comply with all local regulations and directives concerning POV traffic and parking.
3.7.7 The contractor shall ensure areas are properly being mowed in accordance with DPW provided common levels of service. The contractor will keep all areas controlled and occupied by the contractor free from over-grown vegetation. The contractor may be responsible for incidental grass (weed) trimming / mowing not provided under the DPW common level of service as directed by the KO.
3.7.8 The contractor shall clear areas adjacent to GFF as required to gain safe access to facilities from parking areas. This may include sidewalks, walkways, or other incidental areas.
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3.8 Government Furnished Services
3.8.1 The Government will provide preventive maintenance and repair of GFF in accordance with AR 420-1. The contractor shall provide the name and telephone number of its designated point of contact that will be requesting repairs / opening work orders to the appropriate Facility Coordinator during the transition-in period.
3.8.2 The Government may provide scheduled custodial services for contractor operated administrative areas on a limited basis in accordance with the current DPW contract. The contractor shall report to the Government, any discrepancies in performance of Government provided services.
3.8.3 The Government will provide pest control services as required.
3.8.4 The Government will provide snow removal outside the contractor’s area of responsibility at contractor-occupied facilities.
3.9 The Government will provide available containers at specific contractor occupied facilities for collection of recyclable paper and cardboard, on-hand scrap metal, and trash pickup.
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PART 4
CONTRACTOR FURNISHED FACILITIES AND EQUIPMENT
4.1 Contractor Furnished Facilities and Equipment – General
4.1.1 The contractor shall procure material, equipment, supplies, and facilities, which are incidental to the provision of services in this PWS. The contractor shall be responsible for maintenance of their property. Except for those items and services specifically stated in Part 3 as Government-furnished, the contractor shall furnish everything needed to perform this contract according to all its terms and conditions as stated in specific sections of this PWS and as identified in the Purchasing/Invoicing Guide.
4.1.2 Contractor-furnished equipment or items, inoperable or unserviceable for any reason, must be removed from the U.S. Government’s Installation within ten (10) business days after failure. The condition of contractor-furnished equipment shall not relieve the contractor of responsibility to provide services as required in this contract. The contractor shall immediately notify the KO and COR, in writing, of circumstances regarding delay of work due to equipment or material problems.
4.1.3 The contractor shall furnish telephone, networking, and peripheral equipment requirements not furnished by the U.S. Government.
4.1.4 All contractor furnished vehicles shall be maintained in a neat, presentable, and operational condition and shall meet Government safety inspection standards.
The contractor’s vehicles not meeting standards shall as stated above be removed from the installation. The contractor shall provide a nameplate on the right and left side of contractor furnished vehicles with the contractor's company name and telephone number.
4.2 Materials and Equipment
4.2.1 The contractor shall use the equipment type and size suitable for the required operation. The contractor shall select suitable equipment for connecting to existing Government-furnished electrical power sources. The contractor shall affix a highly visible, permanent contractor’s nameplate on all contractor-owned equipment. The contractor shall ensure that if commingling of U.S. Government and contractor-furnished equipment occurs, each set of equipment is easily identifiable and can be separated for inspection and inventory as required.
4.2.2 The contractor shall maintain a sufficient quantity of on-hand materials and supplies to perform all work required under this Contract. Failure on the part of the contractor to provide sufficient quantities and quality of supplies and materials within the specifications of the Contract shall not be cause for reduction in any service or performance. The contractor shall maintain stocks to ensure continuous operation of critical systems as approved by the KO. Critical systems are those that are directly related to health care, safety, and mission accomplishment. The contractor shall provide a system for rapid procurement of items whose usage
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levels do not require maintenance of on-hand stocks. This system shall include a list of vendors for each such mission-critical repair item, information on availability, and expected delivery times.
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PART 5
SPECIFIC TASKS
5. Specific Tasks: The contractor shall furnish all materials, equipment, supplies, personnel, and all other services required to perform the Hazardous Waste Support Services outlined in this statement of work and as specifically identified in the individual task orders.
The Contractor shall perform installation support services in accordance with (IAW) the PWS and the Technical Exhibits (TEs). During performance of the contract the Contracting Officer reserves the right to add or delete facilities and/or change the level of services required. A modification to the contract will be executed to incorporate these changes.
5.1. Basic Services. The Contractor shall provide necessary labor, equipment, tools, materials, vehicles, and other items and services necessary to manage hazardous waste and related support services at NTC & Fort Irwin, CA.
The Contractor shall be responsible for maintenance of the facility mounted and non-rolling stock government furnished equipment provided and utilized under this contract.
The Contractor shall perform to the standards in the contract as well as all federal, state, county, and local/installation laws or regulations. This includes adherence to all permit requirements. The Contractor shall conduct operations in such a manner as to optimize the efficiency of its activities whenever possible with the goal of reducing overall program cost, providing government cost avoidance savings and meeting government issued sustainability goals. The contractor shall quarterly evaluate the installations hazardous waste management processes and identify areas where efficiency improvements and cost reductions could be implemented. The contractor shall submit these suggested improvements to the government for consideration and approval. No process changes will be implemented without government approval. The Contractor shall coordinate activities with the Environmental Division (Division Chief or Compliance Branch Manager), Quality Assurance Personnel (QAP), Contracting Officers Representative (COR), and the Qualified Recycling Program (QRP) Manager, as necessary.
The Contractor shall be responsible for the collection, management, and disposition of hazardous waste from locations in TE 05 and material dropped off to the pollution prevention yard.
5.2. Task Heading. The Contractor shall ensure all costs associated with these tasks are identified, billed and accounted for as support under the Common Level of Support (CLS) Services # 506 Services Support Program (SSP) “B-D” This SSP includes the following tasks:
1. Project Management (Plan, Manage and Document Hazardous Waste Activities)
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2. Hazardous Waste Collection & Consolidation
3. P2 Initiatives (Waste Minimization)
4. Collection Point & Container Management
5. Wash Rack Support Services
6. Preparation & Spill Response
7. Reimbursable and Non-Duty Hour Activities.
5.2.1 TASK: Project Management (Plan, Manage and Document Hazardous Waste Activities).
a. DESCRIPTION: The Contractor shall manage, plan, and document the collection and handling of Hazardous Waste for Fort Irwin IAW installation functional owner’s (currently DPW- Environmental), guidance. The Contractor shall comply with applicable laws, regulations, policies, program guidance, and installation plans contained below. The Government may coordinate any changes to locations with the Contractor. The Contractor shall conform to all applicable Federal, State (includes SB14), EPA, DTSC, DOT, San Bernardino County, Army, and NTC regulations while conducting all activities associated with this PWS.
b. KEY Sub-Tasks
(1) Ensure that records related to disposition are maintained both in electronic and hard copy form.
(2) Prepare and track hand receipts, manifests, and bills of lading and manage financial spreadsheets, customer usage, and accountability of reimbursable tasks.
(3) Maintain accountability of equipment and keys
(4) Provide timely and accurate reports to the government. (5) Create and maintain other needed plans
(6) Track, coordinate, and schedule government furnished vehicle/equipment maintenance and repair
(7) Track and report spending on the reimbursable line items. (8) Ensure proper staffing and training
(9) Ensure proper resourcing (10) Maintain historical records. c. COMPONENTS Includes the following:
(1) Create, maintain, and submit to the government the following plans (a) The Site Safety Plan
(b) The Quality Control Program including quality control plan (QCP)
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(c) Hazardous Waste Standard Operating Manual (HazSOM) which includes how to conduct work per this PWS. A step-by-step approach to accomplish the required services and/or meet the specified performance objectives and program goals. The description shall include procedures, equipment, and methods for all activities covered in this PWS. (i.) The Contractor shall update and submit the HazSOM plan for review and approval by DPW Environmental Division prior to commencement of work. No adjustment for time or money will be made if re-submittals of the HazSOM are required due to deficiencies in the plan. The Contractor shall be responsible to perform all work in accordance with the PWS and approved HazSOM. The PWS shall take precedence over HazSOM if any discrepancies arise. The Contractor shall update the HazSOM as necessary to meet regulatory/policy changes. The HazSOM shall describe in detail the Contractor’s approach for the performance of this PWS to include the contractor's methodology for meeting specified performance objectives and program goals and shall be updated quarterly and maintained by the contractor. The HazSOM shall include:
• Log, reports, and record keeping methods to be utilized. • Oil and Hazardous Substances Spill Contingency Plan
• Storm Water Pollution Prevention Plan in accordance with California standards adopted in July 2010, where applicable. • On-site and Off-site Pollution Prevention /Hazardous Waste Reduction and Management plan detailing the manner in which hazardous wastes shall be managed and describing the types and volumes of hazardous wastes anticipated to be managed as well as the management practices to be utilized. This document should be a complete HW life-cycle management tool.
The plan shall identify the method to be used to ensure accurate piece counts and/or weights of shipments; shall identify waste minimization and elimination methods; shall propose facilities to be utilized for treatment, storage, and/or disposal; shall identify areas on-site where hazardous wastes are to be handled; shall identify whether transfer facilities are to be utilized; and if so, how the wastes will be tracked to ultimate disposal.
• Sample and analysis plan (SAP) Maintain sample analysis plan covering all sampling, testing, and other methods of waste characterization required to complete the work. This list shall identify how and when these test and/or analysis will be required and completed as well as who will be responsible for review and analysis of any data collected. It will also identify the sampling naming scheme.
(2) Reporting
The following documents/reports shall be required on a recurring basis and shall be prepared in a manner that is acceptable to the COR, DPW ENV, and regulators.
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(a) Report and update the current Army database of record (currently ESOHMIS). Please note the Army may replace ESOHMIS with a different database of record. If the Army changes the database of record everywhere in this scope of work ESOHMIS is utilized, it will be replaced by the new database.
The data generated from performance of the services described in this PWS is the property of the US Government - Department of Army.
This effort includes all data collection, backup record keeping and input methods for populating and maintaining ESOHMIS. The contractor shall establish and maintain an electronic hazardous waste database of all operational transactions and/or parameters conducted in the performance of this PWS. The foundation of this database shall be ESOHMIS. Any ancillary/supplemental systems for detailed tracking beyond ESOHMIS capabilities shall be integrated with ESOHMIS database management. This does not mean that the supplemental database must directly link electronically to ESOHMIS. The database shall have the capability of tracking all program related documents which shall include, but not be limited to, program management, cost control, reporting, planning, scheduling, customer requests, invoices, shipping documents, reimbursable service requests and associated documents, P2 proposals, decision/action records, disposition documents (hazardous and non-hazardous waste manifests, bills of lading, certificates of recycling and/or disposal), measures of merit information, initiative efficacy evaluations, cost comparisons between Defense Logistics Services – Disposition Services (DLA-DS) and commercial actions, and progress in meeting program objectives. This shall also include data provided to the contractor from outside sources. Services also include preparation of plans and reports that involve extraction and compilation of data tracked under this PWS, or a survey of areas managed under this PWS, on an "as requested" basis. The database system shall be made available to the Government via remote access and loaded onto Government computer upon request by COR.
(b) Monthly Billing Report: the contractor shall provide the Directorate of Public Works Environmental Division (ENV Division) with a Monthly Billing Report for each unit/activity on the NTC that receives services covered under this PWS. The Billing Report is for the purpose of monitoring costs and conducting reimbursement of Environmental Division funds expended in implementing various hazardous waste management programs.
(c) Status of contractor and government equipment and facilities related to this contract.
(d) Summary of significant events for each major task below. (e) Other Reports: The Contractor shall provide to the COR any and all reports requested associated with data generated under this PWS. The typical format for these reports shall be tabular or graphical summary, including Chain of command and regulatory driven reports. Work shall consist of collecting data on hazardous waste generation, cost savings on hazardous waste reduction,
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procurement cost, and life cycle cost. The contractor shall analyze the collected data and develop a cost avoidance/savings ratio for operating various aspects of the work covered under this contract. The supporting information shall be provided to the installation and shall include a listing of the underlying assumptions utilized in determining costs/savings.
(f) Inspection Reports: Daily/weekly/monthly Hazardous Waste inspections are to be conducted for the contractor operated area, Bldg. 630 (identified in TE 01) associated with this PWS shall be conducted by the Contractor IAW written policy guidance disseminated by the DPW-ENV Office to include the Hazardous Waste Management Plan. The forms are provided in TE
01. The inspection records shall be kept at the Contractor’s site on the NTC.
Documents shall be available for inspections by ENV Division personnel, and/or the COR during normal working hours. At the end of this contract, they shall be delivered to the Contracting Officer in searchable portable document format (PDF) or equivalent.
(g) Monthly Inventory Report: On the tenth working day of each month, the Contractor shall provide both the COR, DPW-Environmental, and the Fort Irwin Fire Department a copy of an accurate and up-to-date inventory of all hazardous waste and hazardous materials stored within the fenced areas of Building 630 accumulation areas.
(h) Monthly Report on Container servicing report. This includes storage lockers, ASTs, USTs, Wash racks w/ Oil-Water Separator (OWS), and other areas as directed by the COR. Provide report identifying number, date, and location of containers serviced.
(i) Monthly waste accumulation status report
(j) Rollup of data on waste characteristics/volumes by designated users and rollup of data as specified by the government and end user. See TE 02 Data Report Format
(k) Regulatory Agency Inspections. The Contractor shall submit a written report of any inspection visit by representative(s) of any regulatory agency and immediately notify the KO. This report shall include the representatives' names, titles, identification numbers, and agencies, reason(s) for the visit, and comments or findings. The Contractor shall submit a copy of all reports received as a result of these visits to the COR/ACOR by the end of the next working day following receipt of the report. Any samples, reports, etc. shall be accompanied by a statement signed by the inspecting regulatory agency representative validating their authenticity.
(l) Monthly Report on Can/drums salvaged/crushed and/or washed/re-utilized: The contractor shall record the number and capacity of cans and drums collected from each location, and also record the number and capacity of cans and drums salvaged/crushed or washed/re-utilized each month. This report shall also include reuse information pertaining to secondary containment pads. This
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information shall be reported to the COR and DPW Environmental Division POC.
Reporting shall be in accordance with and as required by California Assembly Bill 1772.
(m) Pollution Prevention report on review and proposals (see Task
5.2.3. (3) Documenting (available upon request):
(a) Certification reports/letters to be maintained: Original to be provided to the COR and DPW Environmental POC, one copy to be provided to USACE KO and one copy to be kept on file at the Contractor’s office.(b) Maintain a description of permits, licenses and certificates that will be required, and identification number and locations of disposal/recycling facilities;(c) Employee certification and training(d) Shipping packets (See Task 2.2.7) consisting of EPA Off-site certification letter, All transportation related shipping documents, including hazardous and non-hazardous waste manifest, land disposal restriction notifications, bills of lading for hazardous materials, waste profiles for review a minimum of 14 days prior to anticipated pickup.
(4) Employee Requirements. Employ, and have on duty, a sufficient number of competent employees to perform operations on the site during normal operating hours.
(a) List of personnel to be used, their responsibilities and qualifications.
Maintain documents for each position.
(b) Provide critical personnel list to government.
(5) The Contractor is to furnish their own administrative facility to include utility connections. The location for the facility will be provided by the government. The work plan must address how the contractor will fulfill this requirement.
(6) Track, coordinate, and schedule government furnished vehicle/equipment maintenance and repair
(7) Environmental and Occupational Health and Safety Regulatory Compliance
d. LAWS, REGULATIONS, and GUIDANCE
(1) AR 200-1, Environmental Protection and Enhancement
(2) 29 CFR
(3) 40 CFR
(4) 49 CFR
(5) State (includes SB14): Senate Bill 14 Hazardous Waste Source Reduction and Management Review Act of 1989
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(6) CCR Title 22 Social Security, Division 4.5, Environmental Health Standards for the Management of Hazardous Waste.
(7) NTC Hazardous Material Hazardous Waste Management Plan (8) State of California Permits and Associated Documents for Fort Irwin
5.2.2 TASK: Hazardous Waste Collection, Consolidation and Preparation for Disposal
a. DESCRIPTION The Contractor shall collect, identify, consolidate Hazardous Waste from up to 95 (currently 80) hazardous waste accumulation points on Fort Irwin and Barstow Daggett. The contractor shall conduct necessary sampling and testing of the waste streams. Then the contractor shall prepare the waste for disposition and/or P2 Initiatives. b. Key Sub-Tasks
(1) Monitor start and disposal dates for hazardous wastes and regulated recyclable materials.
(2) Collection of hazardous waste from accumulation point in less than 50 days from date of waste generation.
(3) Prepare waste for disposition to prevent exceeding 90 days from date of waste generation.
(4) Conduct necessary testing and laboratory analysis to identify and document waste streams. Reutilize waste profiles when possible. (5) Maintain records in accordance with IAW laws, regulations, and local requirements.
(6) Maintain housekeeping and organization of areas and facilities provided.
(7) Ensure that all hazardous wastes under the contractor’s control have been properly labeled and segregated.
(8) Arrange the disposition of consolidated waste through DLA-DS. (9) The Contractor shall comply with applicable laws, regulations, and guidance contained in section d below.
c. COMPONENTS Includes the following:
(1) Complying with DLA-DS including any required TSDF "Waste Profile Sheets" for each individual waste stream. Create and maintain a compliant safety plan.
(2) Operation of collection route (Maximum of 95 pick-up and/or delivery points. The containers serviced are listed in TE 05. The service history for the site is listed in TE 04.
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(3) This includes storage lockers, ASTs, USTs, Wash racks w/ Oil-Water Separator (OWS), and other areas as directed by the COR. The containers serviced are listed in TE 05. The service history for the site is listed in TE 04. (4) Proper storage of all hazardous materials and wastes both inside enclosures and in outside waste storage areas, including chemical segregation, shelf life and material/container condition.
(5) Ensure that all hazardous wastes have been properly labeled with various material control labels.
(6) Accurate locating of hazardous wastes in temporary storage. (7) The Contractor shall provide all HW labels, placards, pallets and shipping materials to fulfill the requirements of this contract. For materials other than those generated by NTC units and tenants, the Contractor shall affix labels to the containers used by the Contractor. For materials generated by the units and tenants, the Contractor shall provide labels for use by units and tenants. (8) Collect hazardous waste that are classified as Federal hazardous waste (FHW), CA State hazardous waste (CHW), Universal Waste (UW), Conditionally Exempted Specified Waste Streams (CESW), Conditionally Exempted for recycling (CE-R), and non-hazardous-regulated waste (NHW-R) items generated by installation personnel that are restricted from Class III landfill disposal. Ensure collection is in compliance with Federal/state/local laws and meets installation government priorities and goals (mission critical, soldier quality of life, Life-Health-Safety, environmentally and/or economically advantageous). (9) Consider the best way to dispose of hazardous waste. All wastes scheduled for disposal shall first be evaluated for onsite reuse or recycling in lieu of disposal. If onsite reuse or recycling options are not available or are otherwise not practical (expense, logistics, time, etc), then disposal shall be coordinated by the HWSS contractor with DLA-DS and DPW-Environmental.
(10) The contractor shall also be responsible for preparing and maintaining all associated paperwork, planned and unplanned reports. (11) Manage the pickup of waste from accumulation points to centralized accumulation point or other facility designated by COR, and (12) Contractor shall note any major issues with collection points. The contractor shall provide these notes to DPW-Environmental. (13) The Contractor shall provide all necessary personnel, equipment, and temporary facilities to provide services for management of disposition material generated by units and activities.
(14) The contractor shall perform hazardous waste sampling and analyses on the rejected containers and residue from the recycling, including filters and filter media for proper determination of the proper disposal method.
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(15) Rotational Support. The contractor shall extend collection to the RUFMA hazardous waste accumulation point during rotational training events. (16) The Contractor shall comply with applicable laws, regulations, and guidance contained below. Unless otherwise specified, the hours of operation and related details are contained in this task and the landfill operating permits. d. LAWS, REGULATIONS, and GUIDANCE
(1) AR 200-1, Environmental Protection and Enhancement
(2) 29 CFR
(3) 40 CFR
(4) 49 CFR
(5) State (includes SB14): Senate Bill 14 Hazardous Waste Source Reduction and Management Review Act of 1989
(6) CCR Title 22 Social Security, Division 4.5, Environmental Health Standards for the Management of Hazardous Waste.
(7) NTC Hazardous Material Hazardous Waste Management Plan (8) State of California Permits and Associated Documents for Fort Irwin
5.2.3 TASK: Pollution Prevention (P2) Initiatives (waste minimization) a. DESCRIPTION: In accordance with applicable laws, rules, and regulations the contractor shall maintain economical P2 activities. The contractor shall also look for new P2 activities. The Contractor shall continue operation of existing installation Pollution Prevention (P2) initiatives as they are currently structured and IAW existing permits. This includes outreach/education, bio-land farm, antifreeze recycling, Recycled Oil Program (ROP), propane recovery, aerosol paint can evacuation/recycling, container washing/crushing/recycling/re-utilization, and red rags. The contractor shall evaluate these initiatives and propose process improvements. The proposal shall be provided to the COR for approval. Additionally, the contractor shall continue previously established data collection and record-keeping activities.
b. KEY Sub-Tasks:
(1) Participate in outreach activities.
(2) Review existing and propose new P2 initiatives/processes. (3) Maintain the following initiatives/process until otherwise directed. (a) Operate the bio-land farm.
(b) Antifreeze recycling.
(c) Container Washing/Crushing/Recycling/Reutilization. (d) Red rag program.
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(e) Clean and prepare for recycling of material.
c. COMPONENTS Includes the following:
(1) Outreach: The contractor is required to support/actively participate in govt. sponsored outreach events such as Earth Day, America Recycles Day, CAIR Fair, etc at the installation. On very rare occasions this may include an event at a local community or alternate military reservation (< 100 miles travel from the installation) such as the Edwards AFB Air Show. Additionally, the contractor will also support educational activities such as presenting a 1-2 hr brief on operations to the DPW 40 hr HW/HM management class (about 5 times per year) and preparing handouts on household hazardous waste/less hazardous substitutions and disposal practices (about 2000 per year). (2) Develop and evaluation of P2 initiatives/processes for Fort Irwin:
Annually the contractor shall evaluate the disposition alternatives for all stages of a hazardous waste item’s life cycle and shall identify initiatives that eliminate the HW, reduce its hazardous properties, and/or provide financial savings to the Government. This includes a review of current Pollution Prevention (P2) initiatives already in effect. These proposed initiatives/process alternatives shall be submitted to the COR and DPW Environmental Division in written format (see
5.2.1) to include financial impact data.
(a) In the event that a proposal from the Contractor would impact the contract price, schedule or other terms and conditions the contractor shall provide a proposal as part of the report. Research and/or evaluate, implement and monitor methods of material handling that support the HWSS goal of eliminating the need for classifying material as "hazardous waste" and for off-site disposal. Prepare proposed initiatives/process alternatives for submission to the COR in written format to include financial impact data. This data shall be presented in a format consistent with the cost benefit work sheet currently utilized by the Government or a government defined replacement.
(b) The contractor shall implement the "no cost" initiatives/process alternatives approved by the DPW ENV Division and/or COR. (3) Bio-Land Farm: The contractor will operate the Bio-Remediation Land Farm (BRLF). All contaminated soil resulting from POL (Petroleum, Oil, Lubricants) spills will be collected by the originating unit and turned in to the BRLF where it is treated. A baseline sample will be established at beginning of treatment process then sampled on a monthly basis thereafter.
Soil change-outs, approximately 5,000 cubic yards, at the BRLF can be expected on a quarterly basis (every 3 months).
(a) Record Keeping - The Contractor shall obtain and record in a logbook for the POL Soil Transfer Facility the following information for all incoming POL contaminated soil:
(i) Copy of the Spill Report
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(ii) Name of Organization, building number, Point of Contact and Phone Number
(iii) Actual weight and volume of POL contaminated soil (iv)Suspected contaminates
(b) Maintain logbook.
(i) The quantity and type of contaminated delivered to BRLF. This log shall be maintained current, on-site for a minimum of two (2) years. (ii) The quantity of material removed from the BRLF to be used as daily cover material for the NTC Sanitary Landfill or removed to any other location. This process will not occur until test results deem it clean. (iii) The Contractor shall ensure that all information recorded in the logbook is incorporated into the MIS and this data is processed and controlled in the same manner as other hazardous waste collection data. (4) Antifreeze Recycling: The Contractor will support antifreeze recycling.
The Contractor shall provide all material, manpower, training, and equipment to support this antifreeze recycling. The contractor shall transport recycled antifreeze to the HAZMART Bldg 649.
(a) The Contractor shall be responsible for collecting, transporting, recycling, packaging, and labeling an estimated less than 1,000 gallons of used antifreeze per month for reuse in government and contractor furnished vehicles and equipment at Ft. Irwin. Recycling includes removal of dirt and metals from the used antifreeze, the addition of glycol to adjust the freeze point, and the addition of corrosion inhibitor. The contractor shall assure by onsite screening and offsite laboratory analyses (provided by the government) that the recycled antifreeze meets treatment standards specified by manufacturer of recycling equipment which includes military specifications stated in MIL-A-46153. Recycled antifreeze shall be packaged as follows: fifty percent in fifty-five gallon containers; thirty percent in five-gallon containers; and, twenty percent as requested which may include one gallon containers. The one-gallon containers shall remain loose and not packaged in boxes.
(b) Antifreeze with a freezing point of -4 F or higher shall be recycled, or disposed of as hazardous waste if recycling service cannot be obtained. The contractor shall make disposal arrangements IAW paragraph 2C above.
Containers for antifreeze containing more than minimal amounts of oil and fuel or other debris may be rejected for recycling. The contractor shall handle rejected antifreeze as hazardous waste.
(5) Container washing/ crushing/ recycling reutilization: The contractor will support the Container Washing/Crushing/Recycling/Reutilization program.
Containers will be tripled rinsed, and bungs and lids will be replaced. All containers that are repaired will be placed back into stock for reuse and reissue
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to customer. Any containers deemed not salvageable and cannot be issued for reuse will be crushed and turned in to the recycle center or disposed of as trash. (6) Red Rag Program: The contractor shall maintain the Red Rag Program for all tenants (up to 45 sites, currently 39 see TE 03) at Fort Irwin. Red rags will be provided to unit customers for use in the maintenance of vehicles including cleanup of POLs. Contaminated soiled rags will be collected in a designated container at each unit location. The contractor shall ensure the collection of soiled rags for laundering. The Cleaning of rags will be conducted in environmentally safe manner. Clean rags will delivered at time of pickup of dirty rags.
(7) Transportation and sale of hazardous containing recyclable material: to the recycle center on Fort Irwin or prepare recyclables for sale including loading recyclables on to trucks at the direction of DPW-Environmental. Recyclable Materials. The Contractor deposit redemption value funds for Directorate of Public Works, Checks shall be made out to: "US Treasury". In addition, forward a copy of any pertinent transfer document to the QRP Manager at the DPW and the COR for tracking purposes.
(a) Lead Acid batteries
(b) Lithium based Batteries
(c) Other batteries
(d) Toner and ink jet cartridges
(e) Electronic waste
(f) Other recycle items other than metal
(8) Aerosol Paint Cans: The contractor shall maintain and support the Aerosol Paint Can Evacuation/Recycling Program. Aerosol paint cans will be collected and punctured on site. The spent cans are placed into a scrap metal container. Spent aerosol cans will be disposed of as scrap metal. (9) The contractor will support the Propane Recovery program. Propane cylinders will be collected. Propane cylinders will be evacuated, and any residual propane will be transferred to a 500 gallon tank. Once tank is full an outside contractor will empty tank. Empty propane cylinders will be recycled. d. LAWS, REGULATIONS, and GUIDANCE
(1) AR 200-1, Environmental Protection and Enhancement
(2) 29 CFR
(3) 40 CFR
(4) 49 CFR
(5) State (includes SB14): Senate Bill 14 Hazardous Waste Source Reduction and Management Review Act of 1989
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(6) CCR Title 22 Social Security, Division 4.5, Environmental Health Standards for the Management of Hazardous Waste.
(7) NTC Hazardous Material Hazardous Waste Management Plan (8) State of California Permits and Associated Documents for Fort Irwin
5.2.4 TASK: Collection Point & Container Management
Provide container and containments, issue new and cleaned containers and drip pans, provide initial labeling, deliver containers to designated locations, tracking containers, hand receipts, provide replacements part for containers.
Note: New containers become government property when hazardous waste is placed into the container, or the container is no longer in the position of the contractor (issued on a hand receipt or exchanged). Government containers leave the installation as either full to treatment/ disposal facility or in a non-usable condition as recycle material/ trash.
a. DESCRIPTION:
b. KEY Sub-Tasks
(1) Acquire, place, clean, maintain and repair or replace hazardous waste containers.
(2) Maintain an inventory of containers including locations. (3) Coordinate changes to the above key tasks with the government. c. COMPONENTS include the following:
(1) Maintain all containers in compliance with appropriate regulations including DOT regulations prior to shipment.
(2) Maintain basic functionality of the Hazardous waste storage tanks including
(i) Labels
(ii) lids and covers
(iii) seals (waste fuel storage)
(iv) gauges and dipsticks,
(v) vents.
(3) Receive empty hazardous waste containers from customers and after processing paperwork, properly clean and reissue/ recycle the container. (4) The Contractor shall acquire, place, maintain, repair and/or replace hazardous waste storage containers for the installation. All containers need to be either standard containers for hazardous waste or approved of by DPW Environmental. See TE 04-B for historical workload.
(5) Acquire containers for issue to customers.
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(6) Receive and clean un-needed drip pans.
(7) Temporary issue of containers and cleaned drip pans. (8) Maintain documents and inventory of containers and drip pans issued.
Log/ record container/ drip pan activity.
(9) Insure proper handling and temporary storage of waste containers. d. LAWS, REGULATIONS, and GUIDANCE
(1) AR 200-1, Environmental Protection and Enhancement
(2) 29 CFR
(3) 40 CFR
(4) 49 CFR
(5) State (includes SB14): Senate Bill 14 Hazardous Waste Source Reduction and Management Review Act of 1989
(6) CCR Title 22 Social Security, Division 4.5, Environmental Health Standards for the Management of Hazardous Waste.
(7) NTC Hazardous Material Hazardous Waste Management Plan (8) State of California Permits and Associated Documents for Fort Irwin
5.2.5 TASK: Wash Rack Support Services
a. DESCRIPTION. The contractor shall perform wash rack support services which consist of cleanout of all wash rack waste treatment/removal components (Oil-Water Separators (OWS), sand filters, carbon filters, etc) 2 times per calendar year with the exception of the 699 wash rack which will be up to 3 times per year. DPW environmental and the contractor shall coordinate the scheduling of this work in conjunction with the rotational calendar to ensure the wash rack are mission capable during the critical times. The liquid waste streams from the smaller wash racks will be transported to the 699 wash rack as part of waste minimization. Then the liquid waste streams at 699 will be consolidated down to one waste separation basin before disposing of the remaining liquid through DLA-DS
b. KEY Sub-task
(1) Schedule necessary equipment and supporting labor to conduct the cleanout in the time allowed.
(2) Document the actions.
(3) Develop, maintain, and provide to the government an SOP for the actions.
(4) Remove potentially hazardous materials/waste from wash racks at Bldg. 630, 638, 641, 652, 682, 699, 824, 830, 870, and 876, as described below. (5) Maintain the treatment system at Army Heliport -Barstow Daggett.
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(6) Arrange DLA-DS and DPW-Environmental to remove final waste from wash racks at Bldg 699 and 630.
c. COMPONENTS include the following:
(1) Oil Water Separator (OWS) 500-gallon tank, Bldg. 630, 638, 641, 652, 682, 824, 830, 870, and 876
(2) Oil Water Separator (OWS) 1000-gallon tank, Bldg. 699 (3) Pump water and clean all sediment pits and clarifiers. (4) Pump sludge and dispose of at Bioremediation Land Farm for treatment.
(5) Clean out filters (sand, carbon, and bag) and oil/water separators and dispose of media as needed.
(6) Clean out Clear Water Pits.
(7) Arrange DLA-DS and DPW-Environmental to remove final waste from wash racks at Bldg 699 and 630.
d. LAWS, REGULATIONS, and GUIDANCE
5.2.6 TASK: Duty Hour Spill Preparation, Response, and Cleanup a. DESCRIPTION. This task includes hazardous release /spill response (secondary responder only, no victim rescue), containment, cleaning up, and preparation for disposition and/or arranging for the disposal of all contaminated material. These spills may occur anywhere on Fort Irwin, Army heliport at Barstow Daggett or off-post within local commuting area (135 miles one way from Fort Irwin) caused by Fort Irwin assigned units or units training at Fort Irwin. b. KEY Sub-task
(1) At least 6 personnel willing, trained, equipped and physically able-bodied to respond for hazardous release and spill clean. (2) Provide government updated alert roster with necessary contact information for activation of the spill cleanup team.
(3) Maintain the hazardous release/ spill response SOP. (4) Maintain equipment, materials, and proper protective equipment (PPE) for hazardous release/spill cleanup.
(5) Respond as necessary when activated by the government (6) Prepare for and participate in installation exercises. c. COMPONENTS include the following:
(1) The spill response team shall consist of the following (a) At least 6 personnel trained (within 60 days of contract award), equipped and physically able-bodied, at the First Responder Operations level,
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HAZWOPER and with proper PPE. They shall be skilled in the use of PPE and hazardous material clean-ups. The response time during duty hours shall be less than 60 minutes.
(b) A backhoe and trailer,
(c) A dump truck,
(d) Vehicles to transport the rest of team
(e) Necessary support gear (coolers, water jugs, radios) (f) Hand tools
(g) Spill response trailer (GFE) and related equipment
(h) Specialized equipment (sampling, test equipment and such) (i) Spill response supplies.
(j) Decontamination materials
(2) The contractor shall update the existing hazardous release/ spill response Standard Operating Procedure (SOP) and submit the updated version to the COR and DPW-Environmental for approval within 45 days of contract award. The contractor shall review and update annually. (3) The contractor shall also maintain a current alert roster for key contacts which shall be provided to the COR and DPW Environmental Division. (4) The contractor is also required to participate in multi-agency response drills staged by the government to maintain and demonstrate competency and develop working relationships that will aide in improving real-world response actions under emergency conditions.
(5) The contractor shall respond to spill cleanup request(s) provided via DPW-Environmental during duty hours. Government estimates about 60 man-hours per year plus appropriate spill cleanup materials. The contractor shall provide to DPW-Environmental and the COR an accountability of the number of hours, spill material used, and cost for each spill that the contractor responds and provides support.
(6) Cleanup activities will be in accordance with the developed SOP, law rules and regulations.
(7) Documents and spill reports shall be created and maintained for each response including weight slips, pictures, and other write-ups. (8) The contractor shall coordinate and communicate the status of spill response with the government.
d. LAWS, REGULATIONS, and GUIDANCE
(1) AR 200-1, Environmental Protection and Enhancement
(2) 29 CFR
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(3) 40 CFR
(4) 49 CFR
(5) State (includes SB14): Senate Bill 14 Hazardous Waste Source Reduction and Management Review Act of 1989
(6) CCR Title 22 Social Security, Division 4.5, Environmental Health Standards for the Management of Hazardous Waste.
(7) NTC Hazardous Material Hazardous Waste Management Plan (8) State of California Permits and Associated Documents for Fort Irwin
5.2.7 TASK Reimbursable Services (Cost reimbursable)
Reimbursable services include After Hour Services /Emergency Response and Cleanup, Spill supplies and cleanup material,
When approved the contractor shall execute Reimbursable Services. This item is a not to exceed amount. The contractor shall notify the KO, the COR, and DPW-Environmental when the amount on task order is >75% spent or less than $75 K left whichever is smaller. The contractor shall apply the pre-negotiated G&A and fee to material cost. The contractor shall also use the accepted fully burdened labor rates.
a. DESCRIPTION
b. KEY Sub-tasks
(1) Respond to after-hours emergencies when activated. i.e., provide services described in this statement of work after duty hours. (2) Respond to duty hour spills above 60 man-hours in Task 5.2.6. (3) Provide pollution prevention materials (example new containment pads, new drip pans, and new spill response materials) above the quantities identified this statement of work.
(4) Provide new containers above 110% of the base line in Task 5.2.4. (5) Perform government (KO/COR) approved new P2 opportunities identified in Task 5.2.1 & 5.2.3
c. COMPONENTS include the following:
(1) Emergency response services will be reimbursed for actual labor.
These personnel must be available for recall to the installation 24/7. Costs incurred by the contractor for off-duty response actions shall be submitted to the government through the cost reimbursable line item. The required response time shall be within 120 minutes.
(2) Provide spill response support in excess of Task 5.2.6. (3) Provide new materials above the base line identified in the statement of work including
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(a) Containment pads
(b) Hazardous storage tanks
(c) Drip Pans
(d) Containers (above 110% of base line)
(e) Spill response materials
d. LAWS, REGULATIONS, and GUIDANCE
(1) AR 200-1, Environmental Protection and Enhancement
(2) 29 CFR
(3) 40 CFR
(4) 49 CFR
(5) State (includes SB14): Senate Bill 14 Hazardous Waste Source Reduction and Management Review Act of 1989
(6) CCR Title 22 Social Security, Division 4.5, Environmental Health Standards for the Management of Hazardous Waste.
(7) NTC Hazardous Material Hazardous Waste Management Plan (8) State of California Permits and Associated Documents for Fort Irwin
5.3. Service Contract Reporting (SCR): The contractor shall report all contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via a secure data collection site.
Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 30 of each calendar year using http://sam.gov.
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PART 6
APPLICABLE PUBLICATIONS
6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)
6.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures.
6.1.1 DOD Commercial Use of Imagery Guidelines
6.1.2 AR 190-13, The Army Physical Security Program
6.1.3 Army Directive 2014-05, Policy, and Implementation Procedures for CAC Credentialing Access for Uncleared Contractors
6.1.4 DOD 5220.22-M, National Industrial Security Program Operating Manual
6.1.5 Defense Federal Acquisition Regulation Supplement (DFARS)
6.1.6 Joint Travel Regulation (JTR)
6.1.7 AR 735-5, Policies and Procedures for Property Accountability
6.1.8 DODD 8570.01, Information Assurance Training Certification and Workforce Management
6.1.9 DOD 8570.01-M, Information Assurance Workforce Improvement Program
6.1.10 AR 25-2, Information Assurance
6.1.11 DODI 2000.16 DoD Antiterrorism (AT) Program
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PART 7
ATTACHMENT/TECHNICAL EXHIBIT LISTING
7. Attachment/Technical Exhibit List:
7.1 Attachments:
7.1.1 Attachment 1 – Performance Requirements Summary
7.1.2 Attachment 2 – Deliverables Schedule
7.1.3 Attachment 3- DD 254- Department of Defense Contract Security Classification Specification
7.1.4 Attachment 4- 502 SFS/S5B Application for Installation Access Credential (AIAC)
7.2 Technical Exhibits:
7.2.1 TE 01 Inspection Reports
7.2.2 TE 02 Waste Characterization/Volumes data
7.2.3 TE 03 Red Rag Site Listing
7.2.4 TE 04 Container Service Report
7.2.5 TE 04-B Container Service History Report
7.2.6 TE 05 Waste Accumulation Status Report
7.2.7 TE 06 SOP for Working with LRC
7.2.8 TE 07 Hazardous Waste Permits
7.2.9 TE 08 Container Acquisition Report/Data
7.2.10 TE 09 Contractor Operated Areas
7.2.11 TE 10 GFE Equipment Listing
ATTACHMENT 1
Performance Requirements Summary
The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The standard should relate to timeliness, quality, or quantity (metrics) of service required by the Contractor is stated in the PWS verbiage. The performance threshold briefly describes the
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minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.
Performance
Objective
(The Service
required—usually a
shall statement)
Standard Performance
Threshold
(This is the
maximum error
rate. It could
possibly be
“Zero deviation
from standard”)
Incentive
(Positive
and/or
Negative)
PRS#1, Quality
Control Plan
Shall be in accordance with
requirements as listed in this PWS.
100%
Compliance
Non-conforming
services will
result in Non-Conforming
Reports
issued and a
potential
negative
CPARS
narrative
PRS#2, Safety Plan Shall be in accordance with
requirements as listed in this PWS.
100%
Compliance
Non-conforming
services will
result in Non-Conforming
Reports
issued and a
potential
negative
CPARS
narrative
PRS#3, Spill Plan Shall be in accordance with
requirements as listed in this PWS.
100%
Compliance
Non-conforming
services will
result in Non-Conforming
Reports
issued and a
potential
negative
CPARS
narrative
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PRS#4, OPSEC
Standing
Operating
Procedure/Plan
Annex A
Shall be in accordance with
requirements as listed in this PWS.
100%
Compliance
Non-conforming
services will
result in non-conformance
reports issued
to Contractor
and potential
negative
CPARS
report.
PRS#5,
Organizational
Conflict of Interest
Mitigation Plan
Shall be in accordance with
requirements as listed in this PWS.
100%
Compliance
Non-conforming
services will
result in non-conformance
reports issued
to Contractor
and potential
negative
CPARS
report.
PRS#6, Corrective
Action Plan(s)
Shall be in accordance with
requirements as listed in this PWS.
100%
Compliance
Non-conforming
services will
result in non-conformance
reports issued
to Contractor
and potential
negative
CPARS
report.
PRS#7, Maintain
the facilities and
specialized
hazardous waste
handling
equipment.
Shall be in accordance with
requirements as listed in this PWS.
100%
Compliance
Non-conforming
services will
result in non-conformance
reports issued
to Contractor
and potential
negative
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CPARS
report.
PRS#8, Maintain
security of
facilities and areas
of operation.
Including
accountability of
related keys.
Shall be in accordance with
requirements as listed in this PWS.
100%
Compliance
Non-conforming
services will
result in non-conformance
reports issued
to Contractor
and potential
negative
CPARS
report.
PRS#9, Maintain
the Government
Furnished
Equipment (GFE)
Shall be in accordance with
requirements as listed in this PWS.
100%
Compliance
Non-conforming
services will
result in non-conformance
reports issued
to Contractor
and potential
negative
CPARS
report.
PRS#10, Maintain
accountability of
GFE, usage, and
related keys
Shall be in accordance with
requirements as listed in this PWS.
100%
Compliance
Non-conforming
services will
result in non-conformance
reports issued
to Contractor
and potential
negative
CPARS
report.
PRS#11, Maintain
the safety program
and safe
operations
Shall be in accordance with
requirements as listed in this PWS.
100%
Compliance
Non-conforming
services will
result in non-conformance
reports issued
to Contractor
and potential
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negative
CPARS
report.
PRS#12, Training
The Contractor will
ensure that the
licenses or
certificates and
training of
Contractor
personnel are kept
current. Copies of
these licenses or
certifications will
be provided to the
COR/ACOR.
Shall be in accordance with
requirements as listed in this PWS.
100%
Compliance
Non-conforming
services will
result in non-conformance
reports issued
to Contractor
and potential
negative
CPARS
report.
PRS#13, Maintain
communications.
The Program
Manager or
alternate shall be
available during
business hours to
serve as the
central point of
contact for
Contractor
operations.
Shall be in accordance with
requirements as listed in this PWS.
100%
Compliance
Non-conforming
services will
result in non-conformance
reports issued
to Contractor
and potential
negative
CPARS
report.
PRS#14, The
Contractor shall
remove, from the
job site, any
employee for
reasons of
misconduct or
security.
Shall be in accordance with
requirements as listed in this PWS.
100%
Compliance
Non-conforming
services will
result in non-conformance
reports issued
to Contractor
and potential
negative
CPARS
report.
PRS#15, Damages
caused by
Contractor
employees shall
Shall be in accordance with
requirements as listed in this PWS.
100%
Compliance
Non-conforming
services will
result in non-
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be repaired at no
cost to the
Government.
conformance
reports issued
to Contractor
and potential
negative
CPARS
report.
PRS#16, The
contractor shall
manage, plan, and
document
hazardous waste
activities
including;
Reporting,
staffing, and
resourcing.
Shall be in accordance with
requirements as listed in this PWS.
100%
Compliance
Non-conforming
services will
result in non-conformance
reports issued
to Contractor
and potential
negative
CPARS
report.
PRS#17, The
contractor shall
provide required
reports.
Shall be in accordance with
requirements as listed in this PWS.
100%
Compliance
Non-conforming
services will
result in non-conformance
reports issued
to Contractor
and potential
negative
CPARS
report.
PRS#18, The
contractor shall
perform collection
consolidation and
preparation for
disposal.
Shall be in accordance with
requirements as listed in this PWS.
100%
Compliance
Non-conforming
services will
result in non-conformance
reports issued
to Contractor
and potential
negative
CPARS
report.
PRS#19, The
contractor shall
provide container
Shall be in accordance with
requirements as listed in this PWS.
100%
Compliance
Non-conforming
services will
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maintenance and
replacement
result in non-conformance
reports issued
to Contractor
and potential
negative
CPARS
report.
PRS#20, The
contractor shall
support outreach
events.
Shall be in accordance with
requirements as listed in this PWS.
100%
Compliance
Non-conforming
services will
result in non-conformance
reports issued
to Contractor
and potential
negative
CPARS
report.
PRS#21, The
contractor shall
conduct pollution
prevention
activities
Shall be in accordance with
requirements as listed in this PWS.
100%
Compliance
Non-conforming
services will
result in non-conformance
reports issued
to Contractor
and potential
negative
CPARS
report.
PRS#22, The
contractor shall
manage, maintain,
and provide
containers
Shall be in accordance with
requirements as listed in this PWS.
100%
Compliance
Non-conforming
services will
result in non-conformance
reports issued
to Contractor
and potential
negative
CPARS
report.
PRS#23, The
contractor shall
Shall be in accordance with
requirements as listed in this PWS.
100%
Compliance
Non-conforming
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perform wash rack
support services
services will
result in non-conformance
reports issued
to Contractor
and potential
negative
CPARS
report.
PRS#24, The
contractor shall
prepare for and
conduct duty hour
spill preparation,
response and
cleanup
Shall be in accordance with
requirements as listed in this PWS.
100%
Compliance
Non-conforming
services will
result in non-conformance
reports issued
to Contractor
and potential
negative
CPARS
report.
PRS#25, The
contractor shall
conduct
hazardous waste
disposition`
Shall be in accordance with
requirements as listed in this PWS.
100%
Compliance
Non-conforming
services will
result in non-conformance
reports issued
to Contractor
and potential
negative
CPARS
report.
PRS#26, The
Contractor shall
provide
reimbursable
services
Shall be in accordance with
requirements as listed in this PWS.
100%
Compliance
Non-conforming
services will
result in non-conformance
reports issued
to Contractor
and potential
negative
CPARS
report.
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ATTACHMENT 2
Deliverables Schedule
Deliverable Frequency # of Copies Medium/Format Submit To Hazardous
Waste
Standard
Operating
Manual
(HazSOM)
At start of
contract and
upon update. At
the beginning
of each
contract year a
certification that
the document is
still valid.
1 original within
30 days of
contract award
Delivered by
email to DPW-Env, COR and
KO, Safety, and
Resource
Management
(Comptroller).
Electronic
version shall
contain word
and excel it
may contain
PDFs.
Electronic to
DPW-Env,
COR and KO.
In-Progress
Review
by the 10th of
every month
1 original
Quality Control
Program
including
quality control
plan (QCP)
At start of
contract and
upon update
1 original within
30 days of
contract award
Delivered by
email to DPW-Env, COR and
KO, Safety, and
Resource
Management
(Comptroller).
Electronic
version shall
contain word
and excel it
may contain
PDFs.
Electronic to
DPW-Env,
COR and KO.
Hazardous
Release/Spill
Response SOP
At start of
contract and
upon update
1 original within
30 days of
contract award
Delivered by
email to DPW-Env, COR and
KO, Safety, and
Resource
Management
(Comptroller).
Electronic
Electronic to
DPW-Env,
COR and KO.
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Deliverable Frequency # of Copies Medium/Format Submit To version shall
contain word
and excel it
may contain
PDFs.
Safety Plan At start of
contract and
upon update.
1 original within
30 days of
contract award
Delivered by
email to DPW-Env, COR and
KO. Electronic
version shall
contain word
and excel it
may contain
PDFs.
Electronic to
DPW-Env,
COR and KO.
Monthly
Reports;
1. Monthly
Billing Report
2. Inspection
Report
(Daily/Weekly/
Monthly)
3. Monthly
Waste
Inventory
Report
4. Monthly
Progress
Report
5. Monthly
Progress
Report on
containers
6. Waste
Accumulation
Status Report
7. Collection
Point Major
Issues Notes
by the 10th of
every month
1 original Delivered by
email to DPW-Env, COR and
KO. Electronic
version shall
contain word
and excel it
may contain
PDFs.
Electronic to
DPW-Env,
COR and KO.
PERFORMANCE WORK STATEMENT (PWS)
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Deliverable Frequency # of Copies Medium/Format Submit To
8. Summary of
Significant
events
9. Regulatory
Agency
Inspections
10. GFE/CFE
Equipment
Status Report
10. Disposal
Cost and
Waste
Accountability
Report
10. Standard
Listings in
ESOHMIS
report menu
11. Report of all
purchase
request
Quarterly
1. Measures of
Merit
Quarterly 1 original Delivered by
email to DPW-Env, COR and
KO. Electronic
version shall
contain word
and excel it
may contain
PDFs.
Electronic to
DPW-Env,
COR and KO.
Certification/
Letters
A needed 1 original Delivered by
email to DPW-Env, COR and
KO. Electronic
version shall
contain word
and excel it
may contain
PDFs.
Electronic to
DPW-Env,
COR and KO.
PERFORMANCE WORK STATEMENT (PWS)
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Deliverable Frequency # of Copies Medium/Format Submit To Other reports
as Requested
reports (i.e.,
Cost
avoidance/
specific product
usage, etc)
As needed 1 original Delivered by
email to DPW-Env, COR and
KO. Electronic
version shall
contain word
and excel it
may contain
PDFs.
Electronic to
DPW-Env,
COR and KO.
Quantify Desc:rfption Brand
Serial Number
Comments
1 Drum Crusher Drum Beaters of America S‐35537
1 Oil Filter Crusher Bedford Industries Inc. 336771 8000 Gallon Tank Bryant Tank M9690191 8000 Gallon Tank Bryant Tank M9690201 8000 Gallon Tank Bryant Tank M9690211 8000 Gallon Tank Bryant Tank M9690221 5000 Gallon Tank Bryant Tank L6200671 Propane Recovery System Chesmont Engineering Company Inc 28191 Hazardous Response Trailer Weekend Warrior SHRFF2627400049401 Hazardous Storage Locker Haz Stor 24232‐IL1 Hazardous Storage Containers Safety Storage 24224-IL1 Hazardous Storage Containers Safety Storage 24226-IL1 Hazardous Storage Containers Safety Storage 24227-IL1 Hazardous Storage Containers Safety Storage 24225-IL1 Hazardous Storage Containers Safety Storage 24231-IL1 Hazardous Storage Containers Safety Storage 24230-IL1 Hazardous Storage Containers Safety Storage 24228-IL1 Hazardous Storage Containers Safety Storage 24229-IL1 Hazardous Storage Containers Safety Storage 24245-IL1 Hazardous Storage Containers Safety Storage 24244-IL1 Hazardous Storage Containers Safety Storage 24247-IL1 Hazardous Storage Containers Safety Storage 24246-IL 1 Self Contained Breathing Apparatus MSA HPLAC257079 BC DPW-02231 Self Contained Breathing Apparatus MSA HPLAC257046 BC DPW-02221 Self Contained Breathing Apparatus MSA HPLAC257080 BC DPW-02241 Self Contained Breathing Apparatus MSA LY320691 RP DPW-01741 Self Contained Breathing Apparatus MSA LY320696 RP DPW-01781 Self Contained Breathing Apparatus MSA LAC346446 KS DPW-0227 1 Self Contained Breathing Apparatus MSA LAC346428 KS DPW-0226 1 Self Contained Breathing Apparatus MSA LY320669 RP DPW-01751 Self Contained Breathing Apparatus MSA LY320670 RP DPW-0177 1 Self Contained Breathing Apparatus MSA LY320708 KS DPW-0176 1 Self Contained Breathing Apparatus MSA HPLAC257060 BC DPW-0225 1 Scale 5000 lb Fairbanks Scales 132490070182
1 Scale 1000 lb Fairbanks Scales 427200500051 Scale 1000 lb Fairbanks Scales 132490070184 1 Landfarm Water Pump Deutz DPW-0461 Landfarm Trailer ??? ??? 1 Compressor Coleman PowerMate B22611681 DPW0051 Pipe Jetter Mustang Jetter Units, Co DPW022 No serial number6 ICON Handheld Radios IC-F50 6101864, 6101824, 6101822, 6101821, 6101863, 6101823
2 Antifreeze Recycling Machine KFM LLC, Model D-03 K743, K7443 Drum Pump Met Pro, Model: P90B 13817, 13817, Not readable 3 hand pumps total. 2 pumps had same serial number, 1 was not readable
1 Aerosol Puncturing System Unknown Unknown2 Monitor Dell Serial number, make, and model number will be determined at time of install
2 Keyboard2 HDMI cable
51 Myers Tanks Myers N/A No serial number
1 of 2 v6.1 (DEC 22)
CONTRACT REQUIREMENTS PACKAGE ANTITERRORISM/
OPERATIONS SECURITY REVIEW COVER SHEET
Requirements Package Title c. POC b. DATE
Hazardous Waste Support Services Elisa Sanchez, 380-5290 March 17, 2023 Section I.
Purpose of cover sheet: To document the review of the requirements package statement of work statement (SOW) quality assurance surveillance plan and any applicable source selection evaluation criteria for antiterrorism (AT) and other related protection matters to include, but not limited to: AT, operations security (OPSEC), information assurance (IA)/cyber security, physical security, law enforcement, intelligence, foreign disclosure.
Army policy requirement: A signed AT/OPSEC cover sheet is required to be included in all requirements package except for supply contracts under the simplified acquisition level threshold, field ordering officer actions and Government purchase card purchases. Command policy may require this form for supply contracts under the simplified acquisition level threshold.
Mandatory review and signatures: The organizational antiterrorism officer (ATO) must review each requirements package prior to submission to the supporting contracting activity to include coordination with other staff elements for review as appropriate per section II below. If the requiring activity does not have an ATO, the first ATO in the chain of command will review the contract for considerations. An OPSEC officer review is also mandatory.
Section II.
Standard Contract Language Provision/Contract Clause Text Applicability and/or Additional SOW Language. a. If standard contract or clause language found on page 2 (Section IV) of this form is sufficient to meet specific contract request requirements, check "yes" in block below and include this language in the SOW/PWS.
b. If standard contractual text (provisions or clauses) or clause language does not apply, check "no." c. If the standard SOW language applies, but is not in of itself sufficient, check "yes" and "SOW/PWS" and include both the standard language and additional contract specific language in the SOW/PWS.
d. If standard contract text or clause language is not desired, but there is related contract specific language in the SOW/PWS, check "no" and "SOW/PWS." Description Yes No SOW/PWS
1. AT level 1 training (general) ✔ ✔
2. Access and general protection policy and procedures ✔ ✔ 2a. For contractor requiring Common Access Card (CAC) ✔ ✔ 2b. For contractor not eligible for CAC, but requires access to DoD facility or installation. ✔ ✔
3. AT awareness training for US based contractor personnel traveling overseas ✔
4. Locally developed iWATCH Army training ✔ ✔
5. Army Training Certification Tracking System (ATCTS) registration for contractor employees who require access to government information systems.
✔ ✔
6. For contracts that require a formal OPSEC program. ✔
7. Requirement for OPSEC training ✔ ✔
8. Information assurance/information technology training ✔ ✔
9. Information assurance/information technology certification ✔
10. Contractor Authorized to Accompany the Force clause ✔
11. Contract requiring performance or delivery in a foreign country ✔
12. Handling or access to classified information ✔
12a. Cont. "secure telecommunications" at contractor facilities (IAW DFARS 239.7401) ✔ 12b. Cont. "covered system" support (IAW DFARS 239.7301) ✔
13. Controlled Unclassified Information (CUI) ✔
14. Threat Awareness Reporting Program (TARP) ✔ ✔
Section III. Remarks: (field will expand)
ATO Remarks: PLEASE NOTE AT LEVEL I TRAINING HAS BEEN MOVED TO; http://jko.jten.mil/courses/atl1/launch.html OPSEC Remarks: Complete OPSEC Training: https://securityawareness.usalearning.gov/opsec/index.htm Please contact me at 760-380-2906 to ensure training can be scheduled for iWatch Antiterrorism Review Signature: I am an ATO (Level II Certified) and have reviewed the requirements package and understand my responsibilities in accordance with Army Regulation 525‐13, Antiterrorism.
Name Grade Phone Date
Willie S. Mitchell Jr. GS 12 704-685-3939 March 15, 2023 Operations Security Review Signature: I am OPSEC level II certified and have reviewed the requirements package, and it is in compliance with Army Regulation 530‐1, Operations Security.
Name Grade Phone Date
Cindy Sanchez GG 12 (760) 380-9774 March 15, 2023
MITCHELL.WILLIE.S
AMUEL.JR.1059146684
Digitally signed by
MITCHELL.WILLIE.SAMUEL.J
R.1059146684
Date: 2023.03.17 09:29:42 -07'00'
SANCHEZ.CINDY.
MARIE.1167696038
Digitally signed by
SANCHEZ.CINDY.MARIE.1167
696038
Date: 2023.03.20 06:50:55 -07'00'
2 of 2 v6.1 (DEC 22)
Section IV. Standard Contract Language/Contract Clause Applicability and/or Additional SOW Language.
1. AT Level I training. This standard language 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 Army installations, facilities and controlled access areas shall complete AT Level I Awareness training within 30 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 or to the contracting officer, if a COR is not assigned, within 5 calendar days after completion of training by all employees and subcontractor personnel. AT level I Awareness training is available at the following website: http://jko.jten.mil.
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 subcontractor 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. 2a. 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 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 federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an initial 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. 2b. For contractors that do not require CAC, but require access to a DoD facility or installation. Contractor and all associated sub‐contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC‐III) and Terrorist Screening Database (Army Directive 2014‐05/AR 190‐13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative); or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.
3. AT Awareness Training for Contractor Personnel Traveling Overseas. This standard language required US based contractor employees and associated subcontractor employees to make available and to receive Government provided area of responsibility (AOR)-specific AT awareness training as directed by AR 525‐13.
Specific AOR training content is directed by the combatant commander, with the unit ATO being the local point of contact.
4. 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 Army program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after contract award.
5. Army Training Certification Tracking System (ATCTS) registration for contractor employees who require access to government information systems. All contractor employees with access to a Government info system must be registered in the ATCTS (Army Training Certification Tracking System) at commencement of services, and must successfully complete the DOD Information Assurance Awareness prior to access to the information system and then annually thereafter.
6. For contracts that require a formal OPSEC program. The contractor shall develop an OPSEC Standing Operating Procedure (SOP)/Plan within 90 calendar days of contract award, to be reviewed and approved by the responsible Government OPSEC officer. This plan will include a process to identify critical information, where it is located, who is responsible for it, how to protect it and why it needs to be protected. The contractor shall implement OPSEC measures as ordered by the commander.
In addition, the contractor shall have an identified certified Level II OPSEC coordinator per AR 530‐1.
7. For contracts that require 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.
8. For IA/IT training. All contractor employees and associated subcontractor employees must complete the DoD IA awareness training before issuance of network access and annually thereafter. All contractor employees working IA/IT functions must comply with DoD and Army training requirements in DoDD 8570.01, DoD 8570.01‐M and AR 25‐2 within six months of appointment to IA/IT functions.
9. For IA/IT certification. Per DoD 8570.01‐M , DFARS 252.239.7001 and AR 25‐2, the contractor employees supporting IA/IT functions shall be appropriately certified upon contract award. The baseline certification as stipulated in DoD 8570.01‐M must be completed upon contract award.
10. For contractors authorized to accompany the force. DFARS Clause 252.225‐7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States, shall be used in solicitations and contracts that authorize contractor personnel to accompany US Armed Forces deployed outside the US in contingency operations; humanitarian or peacekeeping operations; or other military operations or exercises, when designated by the combatant commander.
The clause discusses the following AT/OPSEC related topics: required compliance with laws and regulations, pre‐deployment requirements, required training (per combatant command guidance), and personnel data required.
11. For Contract Requiring Performance or Delivery in a Foreign Country, DFARS Clause 252.225‐7043, Antiterrorism/Force Protection for Defense Contractors Outside the US . The clause shall be used in solicitations and contracts that require performance or delivery in a foreign country. This clause applies to both contingencies and non‐contingency support. The key AT requirement is for non‐local national contractor personnel to comply with theater clearance requirements and allows the combatant commander to exercise oversight to ensure the contractor’ compliance with combatant commander and subordinate task force commander policies and directives.
12. For contracts that require handling or access to classified information. Contractor shall comply with FAR 52.204‐2, Security Requirements. This clause involves access to information classified “Confidential,”“Secret,”or “Top Secret”and requires contractors to comply with (1) The Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DoD 5220.22‐M); (2) any revisions to DOD 5220.22‐M, notice of which has been furnished to the contractor.
12a. Cont. If secure telecommunication requirements apply, include clause 252.239-7016 and follow guidance at 239.74. 12b. Cont. If covered system support requirements apply, include provision 252.239-7017 into the solicitation, clause 252.239-7018 into the contract, and follow guidance at 239.73.
13. Controlled Unclassified Information (CUI). Include DFARS clause 252.204-7012, which requires the contractor to comply with NIST 800-171. Also include DFARS provision 252.204-2019 into solicitations. Acquisition officials should follow procedures outlined in DFARS 204.73 and verify vendors have an adequate NIST SP 800-171 summary assessment score within the Supplier Performance Risk System (within PIEE). If the score doesn't show a medium- or high-level assessment with a score of 110 or better (as described in the "NIST SP 800-171 DoD Assessment Methodology"), include clause 252.204-7020 and obtain the vendor's "system security plan" and "plan of action" for NIST SP 800-171 verification and assurance by Army security officials.
14. Threat Awareness Reporting Program. For all contractors with security clearances. Per AR 381-12 Threat Awareness and Reporting Program (TARP), contractor employees must receive annual TARP training by a CI agent or other trainer as specified in 2-4b.