Atch 1 PWS MOTCO Rail Mx and Ops II - 11.15.23.pdf

CUI

Performance Work Statement (PWS)

FOR

RAIL MAINTENANCE AND TERMINAL OPERATIONS SERVICES II

MILITARY OCEAN TERMINAL CONCORD

(MOTCO)

CONCORD, CALFORNIA

01 July 2024

Controlled by: Military Ocean Terminal Concord Controlled by: Directorate of Emergency Services CUI Category: OPSEC//PRVCY Limited Dissemination Control: FEDCON POC: Mr. Fabian Lieb (925) 246-4058

TABLE OF CONTENTS

TABLE OF CONTENTS

1.0 GENERAL INFORMATION

1.1 General Requirements

1.1.1 Contractor Provisions

1.1.2 Mission and Installation Specific Regulations and Policies

1.1.3 Technical Data, Processes and Inventions

1.2 Personnel Requirements

1.2.1 Employee Training

1.2.2 Contract Personnel Identification and Appearance

1.2.3 Contractor Conduct Requirements

1.2.4 Conflict of Interest

1.2.5 Track Inspector Qualifications

1.3 Hours of Operation

1.3.1 Federal Holidays

1.3.2 Installation Closures

1.3.3 Performance of Services During Crisis

1.4 Contract Management

1.4.1 Installation Point of Contacts

1.4.2 Key Personnel

1.4.3 Communication and Partnering

1.4.4 Ordering Services

1.4.5 Monthly and Annual Status Reports

1.4.6 Final Acceptance

2.0 QUALITY CONTROL AND ASSURANCE

2.1 Quality Control Plan

2.2 Quality Inspection and Surveillance Report

3.0 SAFETY REQUIREMENTS

3.1 Contractor Safety Program

3.2 Accident Prevention Plan (APP)

3.2.1 Activity Hazard Analysis (AHA)

3.3 Safety Deficiencies

3.4 Safety Stop

3.5 Damage, Accident, and Loss Reporting

3.6 Safety Equipment

3.7 Equipment Inspections

3.8 Fire Prevention

3.9 Ammunition/Explosive Safety Requirements

3.10 Weapons, Firearms, and Ammunition

4.0 ENVIRONMENTAL REQUIREMENTS

4.1 Compliance with License and Certification Requirements

4.2 Notification of Federal and State Regulators

4.3 Inspections of Work Sites

4.4 Reporting Noncompliance

4.5 Conformance with Environmental Management System

4.6 Competency Training for Contractor Personnel

4.7 Generation of Solid Waste

4.8 Generation of Hazardous Waste

4.9 Use of Hazardous Materials

4.10 Prevention of Storm Water Pollution

4.11 Protection of Work Site Resources

4.12 Prevention of Spills

4.12.1 Spills

4.13 Protection of Sensitive Areas

4.13.1 Cultural Resources Sites

4.13.2 Endangered Species Habitats

4.13.3 Wetlands

4.14 Corrective Action for Noncompliance

4.15 Mercury

4.16 Universal Waste / e-Waste Management

4.17 Pollution Prevention / Hazardous Waste Minimization

4.18 Environmental Safety Program

5.0 General Security Requirements and Guidance

5.1 Physical Security and Access Control Requirements

5.1.1 Minimum Security Requirements

5.2 Security Related to Personnel

5.2.1 Employment Restrictions

5.2.2 Pre-screen candidates using E-Verify Program

5.3 Termination of Access

5.4 Operations Security (OPSEC)

5.5 Security Regulation Compliance

6.0 GOVERNMENT FURNISHED FACILITIES, EQUIPMENT AND SERVICES

6.1 Government Furnished Facility (GFF)

6.2 Government Furnished Equipment (GFE)

6.2.1 Use and Safeguarding of GFE

6.2.2 Key Control

6.3 Government Furnished Services

7.0 CONTRACTOR FURNISHED ITEMS AND SERVICES

7.1 General

7.2 Contractor Requirements

7.2.1 Vehicle Access

7.2.2 Traffic Laws

7.3 Manufacturers Manuals

7.4 Supplies, Parts, and Materials

7.5 Equipment Down Time

7.6 Inoperable or Unserviceable Equipment

7.7 Lost and Found Property

8.0 WORK REQUIREMENTS

8.1 Rail Maintenance

8.1.1 General

8.1.2 Maintenance Safety Briefing

8.1.3 Inspections

8.1.4 Preventative Maintenance (PM)

8.1.5 Service Requests

8.2 Rail Operations

8.2.1 General

8.2.4 Normal Rail Operations

8.2.5 Contingency Operations

8.2.6 Supplemental Locomotive Support

8.2.7 Locomotive Movement Only

9.0 SERVICES SUMMARY (SS)

9.1 General (SS)

9.2 Maintenance Services

9.3 Terminal Operations Services

10.0 CONTRACT TRANSITION

10.1 Contract Phase-In

10.1.1 Transition Management Plan

10.2 Contract Phase-Out

10.2.1 Transition Planning

10.2.2 Continuity of Services

10.2.3 Listing of Open Tasks

10.2.4 Transfer of Materials

10.2.5 Cooperative Work Environment

11.0 DELIVERABLES

11.1 General Requirements

11.2 Final Acceptance

11.3 Deliverables Table

12.0 APPLICABLE PUBLICATIONS AND FORMS

12.1 Governing Directives

12.2 Army Regulations

12.3 Technical Manuals

12.4 Engineering Manuals

https://www.publications.usace.army.mil/USACE-Publications/Engineer-Manuals/?

12.5 Commercial Standards. Available from Standards Societies Listed

12.6 MOTCO Plans

12.7 Public Law

12.8 Executive Orders/White House Memorandum

12.9 Federal Regulations and Standards

13.0 APPENDIX A. TECHNICAL EXHIBIT LISTING

13.1 TE – 01. Locomotives

13.2 TE – 01. Rolling Rail Maintenance of Way Equipment

13.3 TE – 01. Handheld Equipment

14.0 APPENDIX B. WORKLOAD ESTIMATES AND EXAMPLE SCENARIOS

1.0 GENERAL INFORMATION

1.1 General Requirements. The Military Surface Deployment and Distribution Command (SDDC), 834th Transportation Battalion, Military Ocean Terminal Concord (MOTCO) owns approximately 43 miles of railroad track within the installation complex and five locomotives.

The Contractor shall provide management, tools, supplies, equipment, labor and other items necessary to perform railroad inspection, preventive maintenance and produce reports as defined within this Performance Work Statement (PWS). The Contractor shall also provide Rail Operating Crews (ROC) and supplemental locomotives as needed to sustain rail capabilities within the terminal in support of missions, contingency, and surge operations. The main objectives of this contract are to ensure the MOTCO railroad system remains in a safe and reliable operating condition and to leverage rail industry capabilities in support of the Joint Deployment and Distribution Enterprise (JDDE).The Contractor shall fully comply with the most recent and current federal, state, and local laws and regulations, U.S. Army directives and instructions as outlined in section 12.0, and other documents set forth in this PWS. Acquisition of DOD and Service publications is the responsibility of the Contractor.

1.1.1 Contractor Provisions. The award of this contract does not provide the contractor exclusive rights to the rail operation services defined in this PWS. It is a mandatory requirement that the Contractor comply with all Government regulations applicable to the service function performed under this contract at MOTCO. Questions pertaining to any part of the rules and regulations shall be immediately directed to the Contracting Officer (CO) and the Contractor shall immediately comply with the Government’s response to any such question.

The CO is the authority under this contract. The CO Representative (COR) is the MOTCO representative for the contract. The Contractor may not take direction from any other Government personnel regarding this contract (additional COR provisions in section 1.4.1).

The Government will not be liable, financially or otherwise, if the Contractor acts without the consent of the CO or COR. The Contractor shall; however, comply with the direction of Quality Assurance Specialist Ammunition Surveillance (QASAS) or Safety personnel if they are ordered to stop work. Any disagreement or cause of delay as a result shall be brought to the attention of the COR with the final decision determined by the CO.

1.1.2 Mission and Installation Specific Regulations and Policies. In the performance of this contract, the Contractor is forewarned to pay special attention to the unique mission of MOTCO as it relates to, but is not limited to, fire prevention and response, ammunition safety, security, sanitation, possession of drugs and firearms or other lethal weapons. The Contractor shall provide labor, material and supervision to support MOTCO’s Mission Operations. These requirements will be identified by the COR at least fourteen calendar days in advance of the estimated start of the mission operations and will contain an estimated length of operations.

The Contractor may be required to adjust duty hours and must have adequate resources available to support the mission.

1.1.3 Technical Data, Processes and Inventions. All hardware, software, technologies, processes, algorithms, and techniques that are developed or provided under this PWS are the sole property of the Government. The Contractor shall not use, disclose, transfer, convert, or otherwise appropriate any technical data, processes or inventions developed during performance of this PWS, unless written permission from the CO is obtained.

1.1.3.1 Data Rights. The Government has unlimited rights to all documents/material produced under this contract. All documents and materials 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 CO. 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.

1.2 Personnel Requirements. The Contractor shall furnish fully trained managerial, supervisory, technical, administrative, clerical, and direct labor personnel, sufficient in number and qualifications to accomplish all work. All Contractor personnel utilized in performance of the contract shall be legal residents of the United States. Personnel shall be able to speak, read, write and understand the English language including unique technical terminology required for the performance of these duties and functions. Contractor personnel shall obtain and maintain in good standing all certifications, inspections, and licenses necessary or appropriate to perform all work contained in this PWS. Such certifications shall be provided to the COR upon request. The Contractor shall maintain the training skills and qualifications of all personnel throughout the performance period. Contractor personnel shall have a current, valid driver’s licenses from their state of residency. Contractor personnel operating heavy equipment must have current licenses verifying their qualifications as a heavy equipment operator. The Contractor shall provide personnel to perform contract requirements within specified time frame required by the contract and shall meet all variations, shift schedules and changes as may be required to respond to the requirements of the contract. All persons performing under the contract shall remain employees of the Contractor and not of the Government. The Government has the right to restrict employment under the contract of any Contractor employee, or prospective Contractor employee, who is identified by the CO as a potential threat to the health, safety, security, general well-being or operational mission of the installation and its population. All Contractor employees performing work under the contract shall be physically able to do their assigned work. The Contractor shall not allow any employee(s) to perform any work who is under the influence of alcohol or is incapacitated by restricted substances. The CO may require the Contractor to remove from the job site any employee for misconduct or security reasons. The removal from the job site of such person shall not relieve the Contractor of the requirement to perform adequate and timely service. The Contractor shall cooperate with other contractors and Government personnel performing work at MOTCO. The Contractor shall avoid interfering with the performance of work by other contractors or Government employees while not compromising health, safety, or security. The Contractor shall comply with the direction of the QASAS or Safety personnel. Any disagreement or cause of delay shall be brought to the attention of the COR.

1.2.1 Employee Training. The Contractor’s employees shall be 29 CFR 1910.1200 OSHA Hazard Communication Standard trained and competent to protect themselves, other employees, property, and equipment used on the installation from the effects of hazardous materials (HAZMAT). Such training should include the following topics: Recognition of health and safety hazards, methods to minimize risk from health and safety hazards, safe use of safety equipment and Personal Protective Equipment (PPE), confined space entry, forklift operations, vehicle operations, recognition of HAZMAT spills, clean up and exposure, safe operating procedures to be used at an incident scene. All expenses incurred by this training will be borne by the Contractor.

Personnel performing work in HAZMAT/hazardous waste (HAZWASTE) must complete the HAZMAT/HAZWASTE handling course or have a minimum of one year of experience working with HAZMAT/HAZWASTE, and a current 24-Hour HAZWOPER certification. All personnel need to attend the MOTCO Environmental Awareness Training.

1.2.1.1 Ammunition Area Training. Contractor personnel providing services within the Ammunition Restricted Area at MOTCO must be qualified in the tasks to be performed and the associated safety precautions to be taken. The Contractor must understand the hazards, standards, procedures, and precautions that apply to the work within this area. In addition, adequate firefighting training, commensurate to the task being performed is required. This training will include the application and meaning of each type of hazard symbol, process for reporting fires, sounding alarms and area evacuation procedures. Training will take a minimum of 30 minutes and is available from the installation QASAS. The Government reserves the right to restrict or deny any Contractor activities when ammunition/explosives (AE) are present in the ARA. When AE is present in the ARA the Contractor will perform the following additional actions contained in this paragraph. The Contractor will coordinate any deliveries or use of sub-contractors with the COR and QASAS/Explosive Safety Manager Prior to their entry into the ARA. The Contractor will perform a daily safety brief and conduct full personnel accountability at the start of each shift. The Contractor is responsible for the accountability of all contractors, sub-contractor, and delivery personnel performing work for the Contractor while they are in the ARA. The Contractor will brief their sub-contractor and/or delivery personnel on emergency actions and notifications upon entry into the ARA. The Contractor shall submit all questions pertaining to AE safety/technical standards the COR and QASAS/Explosive Safety Manager for answers, solutions, and/or interpretations. The Contractor shall verbally and immediately report accidents after occurrence.

1.2.1.2 Anti-Terrorism (AT) Level I Training. All contract personnel requiring routine access to Army installations, facilities, and controlled access areas, or requiring network access shall complete initial and annual refresher AT Level I awareness training. Online AT Level I awareness training is available at https://jko.jten.mil/ (website subject to change).

1.2.1.3 Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say Something). All contract personnel shall receive initial and annual refresher training from the RA representative on the local suspicious activity reporting program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity.

1.2.1.4 Training Requirements for the Protection of Sensitive Information. All contract personnel with access to critical information (as identified in the RA's OPSEC Program) shall complete initial and annual refresher OPSEC Level I Awareness training, which is available at the following websites: https://www.iad.gov/ioss/, or http://www.cdse.edu/catalog/operations-security.html (websites subject to change). All contract personnel with access to Controlled Unclassified Information (CUI) shall complete initial and annual refresher CUI training in accordance with applicable Army policy.

1.2.2 Contract Personnel Identification and Appearance. In accordance with FAR subpart

37.114 all contractor personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious are required to identify themselves as such to avoid being mistaken for Government officials. Contractors performing work at Government workplaces will provide their employees with an easily readable identification (ID) badge indicating the employee's name, the Contractor's name, the functional area of assignment, and a recent color photograph of the employee. Contractors shall require their employees to wear the ID badges visibly when performing work at Government workplaces. Contractor personnel must also ensure that all e-mails, documents, or reports they produce are suitably marked as Contractor products or that Contractor participation is appropriately disclosed. All signature blocks on e-mails shall indicate the Contractor's company name.

1.2.2.1 Appearance. Contractor personnel shall present a professional appearance.

Contractor personnel shall report for duty in a professional manner, in appropriate attire and having complied with socially acceptable standards of personal hygiene.

1.2.3 Contractor Conduct Requirements. Contractor employees’ conduct shall be IAW 5 CFR Parts 2600-2641 and DOD-5500 7-R (Joint Ethics Regulations). If a Contractor employee is removed from the job site or dismissed from the premises, the Contractor is not relieved of the requirement to provide sufficient personnel to perform the services as required by this PWS. In accordance with 18 USC 1382, and Army Regulations, the authority of the Installation Commander to control and deny a Contractor employee entry to all or part of the installation is absolute. The individual concerned has no right to appeal.

1.2.4 Conflict of Interest. The Contractor shall not employ any person who is an employee of the United States Government if the employment of that person would create a conflict of interest. The Contractor shall not employ any person who is an employee of the Department of the Army, either military or civilian, unless such person seeks and receives approval in accordance with DoD Directive 5500.7 and Army policy. If prior military, contractor employees must have been discharged under honorable conditions.

1.2.5 Track Inspector Qualifications. The Contractor shall provide a qualified track inspector.

At a minimum, all personnel providing track inspector services shall be qualified IAW Federal Railroad Administration (FRA) standards prior to the start of performance. Additionally, the Contractor’s inspection personnel will be required to attain US Army qualifications per AR 420- 1 Appendix L as soon as possible, but not later than two years after contract award.

1.2.6 Rail Operation Crew (ROC) Qualifications: The Contractor shall provide qualified rail crew personnel. At a minimum, all personnel providing rail crew services shall be qualified IAW Federal Railroad Administration (FRA) standards. Additionally, the Contractor shall comply with Railroad Administration (FRA) standards. Additionally, the Contractor shall comply with rail crew qualifications in AR 56-3 within one year after contract award. The CO will verify that the rail crew personnel will comply with AR 56-3 through receipt of the appropriate documentation. If additional training is necessary to meet this requirement, expenses incurred by this training will be borne by the contractor.

1.3 Hours of Operation. Normal duty hours for the installation are between the hours of 0730 to 1630 hours Monday through Friday except Federal holidays or when the facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. There are performance standards which will require Contractor work outside normal installation hours of operation. These work items are outlined in this PWS and include but are not limited to emergency repair or service calls, contingency rail crew calls, special safety inspections, and non-standard hours for rail operations to meet mission deadlines. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS.

1.3.1 Federal Holidays. Except as otherwise specified, routine work shall not be scheduled on holidays. Federal holidays observed are as follows:

New Year’s Day – January 1

M.L. King Birthday – 3rd Monday in January

President’s Day – 3rd Monday in February

Memorial Day – last Monday in May

Juneteenth – June 19

Independence Day – July 4

Labor Day – 1st Monday of September

Columbus Day – 2nd Monday of October

Veterans Day – November 11

Thanksgiving Day – 4th Thursday of November

Christmas Day – December 25

1.3.2 Installation Closures. Work scheduled but not accomplished because of base closure due to weather or military necessity shall be accomplished as soon as possible after reopening the base.

1.3.3 Performance of Services During Crisis. All tasks and services outlined in section 8.0 are required during a crisis pursuant to Defense Federal Acquisition Regulation Supplement (DFARS) 252.237-7023. These services shall be required until the crisis has been abated.

1.4 Contract Management

1.4.1 Installation Point of Contacts: Services defined in this PWS are requirements assigned to two departments within MOTCO: Rail Maintenance Services falls under the Directorate of Public Works (DPW) and Rail Terminal Operations falls under Operations (OPS). The Contractor will be interfacing with two Primary Contracting Officer Representatives (COR) and the Government will provide the Contractor with this distinction prior to performance start date of the contract. For general contract or administrative communication, deliverables and PWS sections where a COR is not specified, both COR-DPW and COR-OPS are to be included in all forms of communication.

1.4.1.1 COR-DPW: DPW will assign a primary COR and a designated alternate for the services outlined in section 8.1. The Contractor will interface with the COR-DPW for rail maintenance specific requirements.

1.4.1.2 COR-OPS: OPS will assign a COR and a designated alternate for the services outlined in section 8.2. The Contractor will interface with the COR-OPS for rail terminal operations specific requirements.

1.4.2 Key Personnel. The Contractor shall submit a List of Key Personnel and Qualifications.

The Contractor shall provide any additional information requested by the Contracting Officer necessary to certify their qualifications. The Contractor shall submit an Organizational Chart to designate all Key Personnel. The chart will show lines of authority of the key personnel, on-site supervisor(s), telephone numbers and emails and an emergency contact telephone number(s) that must be actively monitored 24 hours/day and 7 days/week to effectively coordinate any emergency customer requirements. The chart shall include names of personnel and their position title in this contract. At a minimum, this chart must include information for the Contractor’s designated Project Manager (PM), Quality Control Manager (QCM), Site Safety Health Officer (SSHO), and on-site supervisor(s) and who they will report directly to for this contract. The key personnel shall be revised as applicable for the contract. Any potential replacement of departing key personnel shall be subject to the acceptance of the Government.

1.4.2.1 Project Manager (PM). The Contractor shall designate an individual(s) from the Contractor’s resources to be the focal point/Project Manager for all communications with USTRANSCOM, SDDC, other railroads, maintenance leads, receivers, and other interested parties. A primary and an alternate Project Manager shall be designated, in writing, to the CO and COR no later than 30 calendar days after contract award. The designated Project Manager(s) shall be responsible for ensuring successful accomplishment of all PWS tasks.

These individuals shall have full authority to act for the Contractor on all contract matters relating to the daily operation of this contract. The alternate Project Manager shall act for the primary Project Manager when the primary Project Manager is absent. The primary Project Manager shall provide an Employee Roster to the COR listing all employees and subcontractor personnel who perform under the contract by the fifth business day of each month. The Monthly Status Report is the responsibility of the PM and is due by the 5th calendar day of the month for all work performed the previous month. The PM may be required to attend weekly scheduled maintenance meetings with corresponding department CORs or as requested by either the CO or the CORs.

1.4.2.2 Quality Control Manager (QCM). The Contractor shall appoint a QCM and designated alternate, who shall be available during the Government’s regular working hours. The Quality Manager will have the responsibility of managing and enforcing the Contractor’s Quality Control Plan and will be the Government’s point of contact for Quality Control inquiries or concerns. The QCM must report directly to a senior corporate official and shall not report directly to the PM. The QCM should have experience in preparing and enforcing a Quality Control Plan on contracts of similar size, scope and complexity before being designated as the Quality Manager under this contract. The Quality Manager may be the same person as the

SSHO.

1.4.2.3 Site Safety and Health Officer (SSHO) – The Contractor shall appoint an SSHO whose responsibility is to prepare and enforce the Contractor’s safety program on this contract.

The SSHO shall have satisfactory experience in preparing and enforcing safety programs on contracts of similar size and complexity. The Contractor shall provide a Safety oversight team that includes a minimum of one Competent Person at each project site to function as the Site Safety and Health officer (SSHO). The SSHO or an equally-qualified Designated Representative/alternate shall be on-site at all times when work is being performed to implement and administer the Contractor’s Safety Program and government-accepted Accident Prevention Plan. Additionally, a Competent Person shall be provided for all of the hazards identified in the Contractor’s Safety Program in accordance with the accepted

Accident Prevention Plan and shall be on-site at all times when the work that presents the hazards associated with their professional expertise is being performed.

1.4.2.4 Assignment of Environmental Compliance Officers (ECO). Contractor shall appoint an ECO for all contract work periods exceeding 180 consecutive days. Contractor shall appoint a primary and alternate ECO for each production, shop or work area that uses and/or stores hazardous materials and/or generates hazardous wastes. Contractor ECOs shall monitor implementation of all environmental regulatory requirements, report all environmental noncompliance to the work site supervisor, correct all environmental noncompliances, and verify implementation of directed actions to correct identified environmental noncompliance.

Contractor shall have at least one ECO on duty at all times at each shop or work area.

Contractor shall require all personnel designated as ECOs to complete the initial ECO training through the DPW Environmental Office within 15 days of the start of contract performance.

Contractor shall require ECOs to complete a re-certification course within 365 days of the completion of the initial certification course to maintain ECO certification. Failure to complete the re-certification course within 365 days will necessitate re-taking the initial course to maintain ECO certification. Contractor personnel certified as ECOs may perform other duties provided they do not prevent the performance of ECO duties. Contractors may request a waiver of this requirement through the COR-DPW and DPW Environmental Office if using and/or storing very small quantities of hazardous materials.

1.4.3 Communication and Partnering. Contractor personnel shall maintain open and professional communication with Government personnel. Upon award, the CO will contact the Contractor and Installation(s) stakeholders to discuss implementation of partnering.

1.4.3.1 Required Conferences and Meetings: The Contractor shall attend administrative and coordination meetings as requested by the CO or the COR. The Contractor shall prepare minutes of all meetings and submit to the COR for review and comments. Comments received within two working days shall be incorporated into the minutes and a copy of the final revision shall be submitted to the COR for concurrence.

1.4.3.2 Partnering Meetings. To increase the likelihood of successful performance of this contract, the Government requires cohesive partnerships with its Contractors and subcontractors. Partnering meetings shall be requested by the COR or CO with the Contractor’s key personnel and Government personnel. The partnership will draw on the strength of each organization in an effort to achieve quality contract services done right the first time, within the contract price, as scheduled, and without any safety mishaps. Partnering should accomplish three goals: The first goal is to develop a cohesive team with common purpose, commitment and established communication processes; the second goal of partnering is contract specific, identifying risks and opportunities for the team to address; The third goal is to sustain the Partnership throughout the contract by identifying and addressing issues that affect the Partnership.

1.4.4 Ordering Services. All unscheduled maintenance and rail operations services performed will be ordered using the designated ordering form. The ordering form template will be issued to the Contractor and used in accordance with this PWS. All services shall be identified and confirmed by the COR.

1.4.5 Monthly and Annual Status Reports.

1.4.5.1 Maintenance. The Contractor shall prepare and provide a Monthly Maintenance Status Report to the CO and COR-DPW identifying all inspections, maintenance, and service requests that were performed during the previous month. This report will be submitted to the COR and the CO on or before the 15th of each month.

1.4.5.2 Terminal Operations. The contractor shall prepare and provide a Monthly Service Status Report identifying a breakdown of work, personnel and man hour report for services that were performed during the previous month. This report will be submitted to the COR-OPS and the CO on or before the 15th of each month. If services were not performed on a given month, the contractor will reflect that in the report.

1.4.5.3 Service Contract Reporting. 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. The Contractor is required to completely fill in all required data fields using the following web address: https://www.sam.gov. 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 31 of each calendar year.

Contractors may direct questions to the help desk, linked at https://www.sam.gov.

1.4.6 Final Acceptance. Final inspection and acceptance of all work performed, reports, or other deliverables shall be performed at the place of delivery. The Government will notify the Contractor in writing within 10 business days of receipt if any deliverable is unacceptable and provide comments. The Contractor, if necessary, shall revise and resubmit the final deliverable to the Government within 5 business days (unless otherwise specified) after receipt of Government comments.

2.0 QUALITY CONTROL AND ASSURANCE. In compliance with the contract clause entitled Inspection of Services Federal Acquisition Regulation (FAR) 52.246-1 and FAR 52-246-4, the Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers’ parts.

2.1 Quality Control Plan. The Contractor shall provide a Quality Control Plan to the CO for acceptance no later than 30 calendar days after contract award date. The CO will notify the Contractor acceptance or required modifications to the plan before the contract start date. The Contractor shall make appropriate modifications and obtain acceptance of the plan by the CO before the contract start date. The Quality Control Plan shall contain, at a minimum, a description of the inspection system to cover all services listed in the Requirements Summary https://www.sam.gov/

(RS). The description shall include specifics as to the areas to be inspected on a scheduled and unscheduled basis, frequency of inspections, and the individual (s) who will perform the inspection. Additionally, the Quality Control Plan shall also include procedures for meeting mission requirements in the event of a national emergency or natural disaster. Quality Control Plan shall include control procedures for any Government provided keys or lock combinations.

A description of the methods to be used for identifying and preventing defects in the quality of services performed before the level of performance becomes unacceptable. A description of the on-site records to be kept documenting inspections and corrective or preventive actions taken. This documentation shall be made available to the Government during the term of the contract. At any time it is determined by the CO that the quality control system, personnel, instructions, controls, tests, or records are not providing results which conform to contract requirements, action shall be taken by the Contractor to correct the deficiency, i.e., replacement of personnel, additional quality control inspections, etc.

2.2 Quality Inspection and Surveillance Report. The Contractor shall create and submit a Contractor Quality Inspection and Surveillance Report. The report will be completed by the QCM or the QCM’s designated quality representative. The Contractor Quality Inspection and Surveillance Report shall include a summary and results of the quality inspection and surveillance events performed and assessment-driven corrective actions and process adjustments during the previous month. The report must be signed by the Contractor’s designated Primary QCM. The Government may adjust the frequency of the submittal based on the Contractor’s quality of performance per section 11.0.

3.0 SAFETY REQUIREMENTS. General safety requirements of the Contractor are defined within this section. Training requirements and deliverables specific to safety within the scope of this contract are further defined in section 1.2.1 and section 11.0. The Contractor shall comply with, enforce, and monitor safety policies and regulations contained within applicable Installation/battalion, SDDC, Department of the Army, Department of Defense (DoD), State of California, and Occupational Safety and Health Administration (OSHA) Code of Federal Regulations. The Contractor is additionally required to comply with, enforce and monitor safety policies contained within the MOTCO Timetable, Federal Railroad Administration, Department of Transportation Code of Federal Regulations, Technical Manual 4.14.21 Army Rail Safety Rules, General Code of Operating Rules (GCOR), and Association of American Railroads (AAR) Standards and Rules. The Contactor shall establish and maintain an effective and comprehensive safety program that meets the applicable safety standards appropriate to the Contractors scope of work and responsibilities.

3.1 Contractor Safety Program. The Contractor shall develop and implement a Safety Program detailing how the Contractor plans, staffs, performs, and controls all safety practices while delivering best value services to the Government without any accidents or mishaps. The Contractor’s safety program shall comply with all safety standards identified in Army Regulation 385-10, The Army Safety Program, Public Law 91-596, Occupational Safety and Health Act and safety Army Regulations outlined in section 12.0.

3.2 Accident Prevention Plan (APP) – The Contractor shall develop and implement a site Accident Prevention Plan (APP). The APP shall be prepared by the Contractor’s SSHO and shall be followed by all Contractor employees, subcontractors, and vendors at each service site. The APP shall follow the format and include all elements addressed in Appendix A of EM 385-1-1. The APP shall incorporate Activity Hazard Analyses (AHAs) and compliance plans addressing all applicable Safety and Occupational Health (SOH) risks that are relevant to the specific hazards and controls for each activity and type of work that may be encountered in the performance of this contract. The Contractor shall submit an APP for acceptance NLT 15 calendar days prior to start of performance. The Contractor shall review, update, and submit revisions to the APP whenever a change in work conditions, hazards, or activities occur. The updated plan shall be submitted NLT 10 calendar days prior to the effective date of the change. Submittal of the APP shall include Activity Hazard Analyses (AHAs) and applicable compliance plans, programs, and procedures as specified below. The Contractor shall not commence work until the APP has been reviewed by the Installation Safety Manager and accepted by the Contracting Officer. No activity shall be started on site until the applicable AHAs and have been accepted. Once accepted, the APP and attachments will be enforced as part of the contract. Disregarding the provisions of this contract or the accepted APP will be cause for stopping of work, at the discretion of the Contracting Officer, until the matter has been rectified.

3.2.1 Activity Hazard Analysis (AHA) – The Contractor shall prepare Activity Hazard Analyses (AHAs) for all applicable common recurring work activities performed under this contract. AHAs for recurring work shall be submitted with the APP. These AHA shall be updated as work activities or conditions change and additional AHAs prepared as new work activities are required. AHAs for nonrecurring and one-time (e.g., non-recurring work task orders) work occurrences shall be submitted at least two working days prior to start of work.

The Contractor shall follow the Risk Management Process for the development of Activity Hazard Analysis in accordance with paragraph 01.A.14 and Appendix A of EM 385-1-1. During performance of services, the SSHO shall periodically review the AHA at each service site and for each sub-annex to assess the effectiveness of the Contractor’s overall APP. If changes to the AHAs are required, such changes shall be submitted to the Installation Safety Manager and CORs for review and acceptance.

3.3 Safety Deficiencies. The Contractor shall immediately report all safety deficiencies when identified to the CO, COR, or Government representative. Equipment deficiencies discovered during inspection or use will be annotated in the equipment inspection log by the Contractor and the Contractor will tag or mark the equipment such that it is readily identifiable as not safe for use until the deficiency can be corrected. Rail deficiencies that make the railroad unsafe for use and unable to be corrected by the Contractor immediately after discovery, the Contractor will provide appropriate flag protection on both ends of the track and align switches against the current flow of traffic to prevent its use until such time as the hazard is abated IAW the terms and procedures of this contract.

3.4 Safety Stop. The Government reserves the right to halt the Contractors operations when the Safety Officer, COR, or other Government representative observes unsafe practices or safety violation, where harm to life or damages to property are possible. The Contractors operations shall not resume until at such time as the Contractor corrects the violation or the unsafe practice to comply with the applicable safety policy or regulatory requirement. The Government shall not compensate the Contractor for any time lost incurred by the safety infraction whereas the Government may hold the Contractor liable for any costs incurred to the Government, resulting from operations halted due to the Contractors unsafe practice or violation.

3.5 Damage, Accident, and Loss Reporting. The Contractor shall immediately notify the COR verbally of any incident and/or accident that results in damage to property, release of HAZMAT, injury, and/or death to any personnel during or arising from performance under this contract. The Contractor will take reasonable and prudent action to establish control of the accident/mishap scene, prevent further personnel injury or property damage, and preserve evidence until released by the accident/mishap investigative authority through the CO or COR.

The Contractor shall submit accident reporting to the CO and COR in accordance with 11.3.

Accident reporting will include all available facts relating to the activities being conducted and include the events occurring prior, during, and immediately after the accident.

3.6 Safety Equipment. The Contractor shall provide all safety and personal protective equipment necessary to fulfill the requirements of this contract and be maintained in good operating order and meet all DoD, Federal, State, and local requirements.

3.7 Equipment Inspections. All equipment furnished by the Contractor used under this contract shall be made available by the Contractor for inspection by the COR at least seven (7) working days prior to the contract startup date. Contractor shall perform inspection on all equipment prior to the contract start-up date and once a year thereafter. A condition report for each piece of equipment shall be maintained by the Contractor and a copy supplied to the COR. If the equipment is at any time deemed unsafe or unserviceable by the COR, the Contractor shall remove equipment immediately and have it repaired to a safe and operable condition. The Government does not assume and hereby specifically disavows any duty to inspect the equipment in order to assure safe operation. The Contractor or subcontractor(s) is responsible for assuring equipment is in a safe and serviceable condition and shall perform all tasks in a safe and responsible manner. At the time of inspection, the equipment’s ability to perform at the designed use shall be demonstrated by the Contractor. If the equipment or personnel fail to meet the standards at the initial inspection, the Contractor shall replace the equipment or personnel at the direction of the CO, no later than 72 hours before beginning performance on the contract. The rejection of personnel and/or equipment does not relieve the Contractor of the responsibility of performing services in accordance with the contract.

3.8 Fire Prevention. The Contractor will comply with all National Fire Codes, Army Fire Prevention policies, and Installation Fire Prevention policies. The Contractor shall not execute any hot work (fire or spark-producing operation) without first submitting a hot work permit and obtaining approval from the Installation Fire Prevention office. Hot work examples include but are not limited to; welding, flame cutting, grinding, or abrasive cutting. The Contractor shall notify the COR and Fire Prevention office 24 hours in advance of the intended hot work. During approved hot work, Contractor shall provide fire protection and prevention measures as noted in the hot work permit. If fire prevention methods prove ineffective the Contractor will cease work immediately until adequate controls can be put in place. Remove and properly store all equipment, drums, containers, or other items that contain flammable liquids and are not essential to the work being performed from the work area. Remove and dispose of all flammable debris (construction materials, pallets, or similar) from the work area. This material must be disposed of through appropriate waste streams IAW with installation environmental policies. Open burning of combustible materials as a means of disposal is not authorized on the installation.

3.9 Ammunition/Explosive Safety Requirements. While performing work in the Ammunition Restricted Area (ARA) the Contractor will comply with all Federal, State, and local laws, rules, and regulations pertaining to ammunition and explosive security and safety. The Contractor must complete the training requirements listed in section 1.2.1 prior to performing any work in the ARA. The Government reserves the right to restrict or deny any Contractor activities when ammunition/explosives (AE) are present in the ARA. When AE is present in the ARA the Contractor will perform the following additional actions contained in this paragraph. The Contractor will coordinate all work with the COR and QASAS/Explosive Safety Manager. The Contractor will coordinate any deliveries or use of sub-contractors with the COR and QASAS/Explosive Safety Manager Prior to their entry into the ARA. The Contractor will perform a daily safety brief and conduct full personnel accountability at the start of each shift.

The Contractor is responsible for the accountability of all Contractor, sub-contractor, and delivery personnel performing work for the Contractor while they are in the ARA. The Contractor will brief their sub-contractor and/or delivery personnel on emergency actions and notifications upon entry into the ARA. The Contractor shall submit all questions pertaining to AE safety/technical standards the COR and QASAS/Explosive Safety Manager for answers, solutions, and/or interpretations.

3.10 Weapons, Firearms, and Ammunition. The Contractor is prohibited from possessing weapons, firearms, or ammunition, on themselves or within their Contractor-owned vehicle or privately-owned vehicle while on any military installation.

4.0 ENVIRONMENTAL REQUIREMENTS: Contractor shall comply with all applicable federal, state, and local environmental laws, statutes, regulations, executive orders, permits, Army regulations (with supplements), as well as Major Subordinate Command (MSC) and MOTCO regulations and policies. Contractor shall immediately report any conflicts between applicable federal, state, local environmental laws, statutes, executive orders, and provisions of Army Regulation 200-1, and any specifications within this contract to the COR-DPW as well as the Division of Public Works (DPW).

4.1 Compliance with License and Certification Requirements. Contractor shall obtain all license and certification required by Federal, State, and Local environmental laws and regulations necessary to adhere to the specifications of this contract. The Contractor shall submit all plans, notifications, reports, submittal documents, and fees required by Federal, State, and Local environmental laws and regulations to the appropriate Federal, State, and

Local authority and/or agency as necessary to adhere to the specification of this contract per section 12.0. All required licenses and certifications required by Federal, State, and Local environmental laws and/or regulations shall be considered a contract deliverable upon award.

4.2 Notification of Federal and State Regulators. Contractor shall immediately notify DPW and the COR-DPW of the arrival on site of any Federal, State, and/or DoD environmental regulator or enforcement agent and/or the receipt of any correspondence from a Federal or State environmental agency.

4.3 Inspections of Work Sites. Contractor shall submit to potential Federal, State, Army and MOTCO work site environmental regulatory inspections and/or investigations into noncompliance, and fully cooperate with such inspections/investigations by providing the appropriate records and documentation. Environmental regulatory agencies are authorized by law to inspect any work site for environmental compliance with regulatory requirements. If an inspection is conducted, it will not stop or disrupt ongoing contract activities. The inspection will only require the work site environmental officer, or supervisor/manager to answer questions and/or escort the inspector to specific work site areas with the potential to affect environmental quality. Typical environmental work site inspections are conducted in less than 30 minutes with an approximate frequency of one inspection every two months.

4.4 Reporting Noncompliance. Contractor shall immediately report any nonconformance and/or noncompliance with applicable Federal, State or Local environmental laws, Army and installation environmental regulations or policies to the COR-DPW and the DPW.

4.5 Conformance with Environmental Management System. Contractor shall take the necessary actions to identify, monitor, and control those contract operations and activities that pose risk of contamination, or can negatively impact the natural and/or human environment.

4.6 Competency Training for Contractor Personnel. Contractor shall not allow personnel to perform any activities and/or tasks on the installation without proper and adequate qualifications or job competency training. In the event of any identified noncompliance, the Contractor shall, if requested, provide proof of contract personnel training or qualification (individual name, training/qualification type, training/qualification certificate, and date of training/qualification) to perform those contract activities associated with the identified noncompliance.

4.7 Generation of Solid Waste. Contractor shall remove from the installation and dispose of all solid waste generated, which cannot be recycled to an approved and permitted off-post disposal facility.

a. Contractor shall make every effort to divert 54 percent of all construction and demolition debris waste and 44 percent of all other solid waste to comply with the Army Integrated Solid Waste…