Attachment 1 - PWS for USAG Miami.docx

PERFORMANCE WORK STATEMENT

UTILITY ENERGY SERVICE CONTRACT (UESC)

USAG Miami, Florida

8 April 2024

OBJECTIVE

The U.S. Army Engineering and Support Center, Huntsville, UESC program negotiates contracts with local electric, gas and water utility companies through which the utility companies provide federal agency customers with comprehensive energy and water efficiency improvements and demand reduction services. UESC projects can encompass a broad range of energy conservation measures (ECMs), including system upgrades and re-commissioning, deep retrofit projects, renewable energy, cogeneration plants and microgrids. UESC gives federal customers the flexibility to tailor a project to a customer’s energy needs and financing strategies. UESC projects can also incorporate energy resiliency and security to address the Army requirement to reduce the risk to critical missions.

Under a UESC contract a selected local electric, gas or water utility company assesses the energy savings opportunities, determines the ECMs, fronts the capital costs (generally through third-party financing), and designs and installs the ECMs at an installation. The utility is paid back over time from the resulting savings. Savings must be equal to or greater than the amount invested.

Project development and implementation costs can be fully or partially financed or be completely paid for upon project acceptance. UESC also has a fast-track process to expedite awards for those energy projects with a short list of specific ECMs. The UESC program provides several benefits to the federal customer:

· Measurement and Verification (M&V) is optional

· Annual performance assurance inspections are mandatory for all projects

· Older systems can be replaced with newer more efficient systems

· Operations and Maintenance (O&M) effort is required for all projects

1. Basic Energy Conservation Measures (ECMs) Description.

1.1 Solicitation Requirements

This PWS is for a UESC at USAG Miami. The ECMs that will be evaluated during the selection process are:

· 2 MW of floating solar panel installation

· Lighting LED upgrades

· HVAC efficiency upgrades

· Water conservation through utilization of on-site non-potable water

1.2 UESC project may include additional ECMs beyond those listed in the solicitation. Offerors are encouraged to propose other ECMs that it believes according to its expertise and observations may be beneficial to the installation.

1.3 The Government reserves the right to add additional non-listed ECMs identified by the utility after contractor selection during the Utility’s performance of the Preliminary Assessment (PA) and Feasibility Study (FS).

1.4 ECM Implementation Strategy

Contractors are encouraged to use a phased approach to implement a fence-to-fence energy solution to accelerate projects and energy savings at the installation with a longer-term energy investment strategy. The PA should include a brief description of the phased approach to an all- encompassing project. This is equivalent to a Preliminary Capital Investment Strategy to demonstrate the path by which the Contractor can maximize the installation’s energy use reduction and its energy production to meet or exceed Army goals and to meet the installations warfighter mission. All ECMs investigated or considered as well as documentation and notes for inclusion or rejection should be included in the appendix of the PA and FS.

2. Preliminary Assessment (PA)

2.1 This project will follow the processes established by the Department of Energy (DOE) Federal Energy Management Program (FEMP) “Utility Energy Service Contract Guide” July 2020 (or most recent version)

2.2 Contractor shall include in its PA a draft Schedule 1 – 5a. See Section J, Attachments, Schedule 1-5a.

3. Feasibility Study (FS) with Detailed Price Proposal

a. This project will follow the processes established by the DOE FEMP “Utility Energy Service Contract [UESC] Guide” July 2020 (or most recent version).

b. Contractor shall include in its FS draft financial schedules, and a final set of financial schedules after bilateral agreement. See Section J, Attachments, Financial Schedules.

c. Contractor shall provide one copy of the entire FS and one redacted copy of the FS (without pricing information) to facilitate completion of an Independent Government Estimate.

d. Contractor shall provide subcontractor quotes and corresponding scopes of work for first and second tier subcontractors to show that a competitive process was used for subcontractor selection. The Contractor should submit, to the Contracting Officer, documentation of its Request for Proposals (RFPs) for its first and second tier subcontractors. Contractor should include three subcontractor quotes and include Contractor’s source selection decision documents. To obtain competition with respect to equipment purchase and any subcontracted labor, the Contractor shall forward the RFQ to a minimum of three distinct suppliers (i.e., supplier’s having no common brand name affiliation with each other or with the contractor) of each piece of equipment. The contractor shall receive supplier/subcontractor quotes broken down into distinct equipment costs and installation costs in terms of man-hours, costs and skills. These quotes, the RFQ for these quotes, and the Contractor’s selection documentation shall be forwarded to the Government as part of the FS cost appendix submittal. The Contractor shall select the responsive and responsible suppliers/subcontractors with the best value, document this selection, and proceed with the development of the project for the specific equipment selected to be part of the FS.

e. The Contractor shall address in its FS technical, Operations and Maintenance (O&M), cybersecurity, safety, financial, Performance Assurance, Quality, warranty, and Measurement and Verification (M&V).

f. The Contractor should coordinate with the Government a meeting between approximately half and two-thirds completion of the FS, to discuss progress of FS to date and the expected project end-state from both the Utility and the Government’s point of view. This meeting/workshop shall address each of the areas as described above as a minimum.

g. When an installation assumes the Operation, Maintenance, Repair, and Replacement (OMRR) responsibility, the Contractor shall coordinate a memorandum for record that is signed by the installation commander that will be submitted with the Notice of Intent to Award (NOITA) for higher level approval. This memorandum shall include justification for this action and shall address the capability, qualifications, and availability of resources to perform this responsibility. This memo should specify the understanding of what OMRR responsibilities will be provided to the installation. This memo will be included as part of the final FS.

h. When an ECM expected life cycle of equipment is not expected to last the term of the contract, replacement equipment shall be programed into the OMRR line items during the performance period of the contract. This includes all equipment, hardware, labor, and software. Expected life cycle is defined in the broadest terms and specifically to include IT type equipment that becomes obsolete and no longer integratable to the network.

4. Design

4.1. Initial General

Contractor shall adhere to the following design and implementation standards as applicable to site or Government specific facility requirements. At a minimum, all ECMs, work, equipment and materials required for ECM installation shall comply with the most recent issue of the applicable design and implementation standards/policies indicated herein. If a publication required by an individual ECM is not listed below, the Contractor shall utilize one that has national application. The following list of standards policies, procedures, and statutes, is provided as a guideline for establishing these requirements:

· Army Corps of Engineers Safety Manual https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1- 1.pdf

· Installation Design Guide available at each individual location

· American National Standards Institute (ANSI) https://webstore.ansi.org

· Code of Federal Regulations (CFR) www.ecfr.go

· 29 CFR 1910, Occupational Safety and Health Standards https://www.law.cornell.edu/cfr/text/29/part-1910

· 10 CFR 435, Energy Conservation Voluntary Performance Standards for Commercial and Multi- Family High Rise https://www.law.cornell.edu/cfr/text/10/part-435

· Residential Buildings https://codes.iccsafe.org/content/IRC2018

· 29 CFR 1926, Safety and Health Regulations for Construction https://www.law.cornell.edu/cfr/text/29/part-1926

· Department of the Army Regulation (AR) AR 385-40 Accident Reporting and Records https://armypubs.army.mil/epubs/DR_pubs/DR_a/pdf/web/p385_40.pdf

· Design: DOD Minimum Antiterrorism Standards for Buildings, UFC 4-010-01 https://wbdg.org/FFC/DOD/UFC/ufc_4_010_01_2018_c1.pdf

· Department of the Army Corps of Engineers, Huntsville Division (CEHND) Manual https://www.hnc.usace.army.mil/Portals/65/docs/Directorates/ED/DesingManual/CEHNC%2011 10-1-1%20Design%20%20Manual%20Rev%20%208.pdf

· HNC-PR-ED-2000.10 Engineering Guidance Design Manual CEHNC 1110-1-1 Design Manual Rev 8.pdf (army.mil)

· National Electric Code (NEC) NFPA 70®: National Electrical Code®

· National Electrical Safety Code (NESC) IEEE SA - The National Electrical Safety Code® (NESC®)

· National Fire Protection Association (NFPA) Standards including, but not limited to, NFPA 101- Life Safety Code https://www.nfpa.org/codes-and-standards/all-codes-and-standards/list-of-codes-and-standards/detail?code=101

· National Electrical Manufacturers Association (NEMA) https://www.nema.org

· Underwriters Laboratory (UL) https://ul.org

· International Building Code (IBC) https://shop.iccsafe.org/media/wysiwyg/material/3000S21- TOC.pdf

· International Plumbing Code (IPC) https://shop.iccsafe.org/codes/2021-international-plumbing- coder.html

· International Mechanical Code (IMC) 2021 International Mechanical Code® (iccsafe.org)

· UFC 3-410-01FA Heating, Ventilating, and Air-Conditioning (HVAC) Control Systems https://www.wbdg.org/ffc/dod/unified-facilities-criteria-ufc/ufc-3-410-01fa-c4

· UFC 3-470-01 Lonworks Utility Monitoring and Control System https://www.wbdg.org/ffc/dod/unified-facilities-criteria-ufc/ufc-3-470-01

· American Society of Heating, Refrigeration and Air-Conditioning Engineers (ASHRAE) www.ashrae.org

· ASHRAE 62, Ventilation for Acceptable Indoor Air Quality www.ashrae.org/technical-resources/bookstore/standards-62-1-62-2

· ASHRAE 90.1, Energy Standard for Buildings Except Low-Rise Residential Buildings Standard 90.1 (ashrae.org)

· ASHRAE 189.1, International Green Construction Code https://www.ashrae.org/technical- resources/bookstore/standard-189-1

· National Historic Preservation Act, as applicable https://www.achp.gov/sites/default/files/2018- 06/nhpa.pdf

· Illuminating Engineering Society of North America (IESNA) www.ies.org

· American Institute of Architects (AIA) Masterspec www.aia.org

· Air-Conditioning and Refrigeration Institute (ARI) https://webstore.ansi.org/SDO/AHRI

· Occupational Safety and Health Administration (OSHA) regulations https://www.osha.com/

· Other design standards required by the ordering office

· EO 13834, Efficient Federal Operations https://www.epa.gov/fgc/executive-order-13834- regarding-efficient-federal-operations

· HNC-PR-ED-2000.10 Engineering Guidance Design Manual https://www.hnc.usace.army.mil/Portals/65/docs/Directorates/ED/DesingManual/CEHNC%2011 10-1-1%20Design%20%20Manual%20Rev%20%208.pdf

· Technical Design Guide for Installation https://www.lrl.usace.army.mil/Portals/64/docs/Engineering/Guides_FTC/FTC_TDG_24_Apr_17.pdf

· Unified Facilities Criteria (UFC)

· Unified Facilities Guide Specifications(UFGS) Unified Facilities Guide Specifications (UFGS) | WBDG - Whole Building Design Guide

4.2. Priority of Regulations, Codes, and Standards

No requirement of this contract shall supersede applicable regulations, local codes and/or standards. Any violation of such regulations and standards shall be brought to the attention of the KO for clarification or direction prior to proceeding with the work.

4.3. Contract/Code Conflict Resolution

If conflicts between designated applicable codes and/or standards exist, the KO and applicable authority having jurisdiction shall determine the appropriate code to follow.

4.4. Submittals and Milestones

Contractor shall submit engineering design submittals at the 65%, 95%, 100% (Final, signed, sealed, and Issued for Construction (IFC)), and Shop Drawing (DID009) milestones unless previously approved otherwise.)

4.5. Authorization

All drawings must be stamped by a Professional Engineer.

4.6. Standardization

· Design shall be completed in accordance with DID006, Design.

· As-built drawings shall be provided in accordance with DID013 and in the format desired by the customer.

5. ECM Testing and Acceptance (Commissioning)

5.1 Commissioning Plan

Contractor shall provide for Government review and approval a plan that describes the site-specific activities required to perform commissioning for the project ECMs. The plan shall include: System descriptions, system equipment lists, detailed project commissioning team responsibilities, processes, third party testing involvement, procedures, and industry standards to which testing is to be performed in the implementation phase. The scope of the plan shall address construction testing, turnover (acceptance by Installation), inspections, sequential functional tests, and integrated system tests.

Commissioning plans shall be followed in order to verify that each system meets critical design requirements and operational intent. Plan documentation shall include data sheets to document set points, equipment settings, and verification or operating parameters (e.g. electrical protective device settings, relay set points, mechanical equipment control settings, etc.).

5.2 Inspection of Work

The Contracting Officer (KO) and the Contracting Officer’s Representative (COR) have the right to inspect all Contractor work. If the KO or COR finds that the work is not in accordance with the PWS or creates a hazard, or is unduly disruptive to the installation's mission, the KO or COR shall notify the Contractor in writing. The Contractor respond within three (3) business days and shall promptly provide corrective measures within seven (7) business days at no additional cost to the Government.

5.3 Acceptance

Acceptance of ECMs by the KO shall not relieve the Contractor of responsibility for providing satisfactory services in accordance with the provisions of this contract. Acceptance is conditioned on Government review and acceptance of the Commissioning documentation.

5.4 Compliance Testing, Metering, and Calibration.

Contractor shall ensure that system and equipment components perform as required to meet contract requirements. Contractor shall recalibrate meters and instrumentation as necessary in accordance with the equipment manufacturer's recommendations. Recalibration, if required, shall be performed by a firm approved by the Installation Contracting Officer Representative under direction of KO. The Contractor shall deliver to the KO a stamped copy of each metering, calibration or test report (reference DID011). If, at any time during the term of the contract, the meters and/or instrumentation are not properly calibrated, the KO may require that the system or equipment components be tested and/or the meters and instrumentation be calibrated by the Contractor at no cost to the Government. Upon the direction of the KO, the Contractor must have testing or calibration performed to verify that the contract requirements are being fulfilled. The Contractor shall submit a cost estimate for the calibration or testing required. Calibration and Testing must be performed by an independent organization as approved by the KO. KO also has the right to directly hire a third-party testing Contractor to perform testing and calibration of any or all ECMs. The cost of such testing shall be recoverable from the Contractor if the testing reveals that the ECM(s) does/do not meet contract requirements. If deficiencies are found, corrections must be made as directed by the KO, at no cost to the Government. If a deficiency affects the energy savings guaranteed under this contract, corrections to billing must be made as directed by the KO. If the KO requests a test and it is determined that there are no deficiencies, the Government shall reimburse the Contractor for the costs of testing.

6. Preventative Maintenance of ECMs (optional; determined at final FS)

6.1 Preventive Maintenance

If within in final agreement of UESC, Contractor will perform Preventative Maintenance (PM) of ECMs that includes periodic equipment inspections, tests, calibrations, and actions required to ensure that systems operate as intended. Contractor shall schedule PM in coordination with the Contracting Officer or Contacting Officer’s Representative (COR). The Contractor must provide to KO and COR, within fifteen (15) calendar days after award, maintenance and repair schedules applicable for the ECMs. During the Contractor performance of PM, Contractor shall maintain PM records for Government review. In accordance with DID012, Operating and Maintenance Manuals, the Contractor should submit to the KO for review and approval the Contractor's plan for operation, PM, and repair of the approved ECMs, whether performed by the Contractor or the Government.

6.2 Contractor Duties

The Contractor must prepare and deliver to KO and COR a written description of PM requirements and PM work procedures and a checklist for each installed ECM. The Contractor must train Government personnel in the PM work procedures in person annually. Maintenance and repair of Government- owned equipment and systems which are modified, upgraded, or otherwise enhanced by the Contractor may become the Government’s responsibility if so stated in the approved ECM. Changes to the party responsible for PM shall be documented in a contract modification.

6.3 Optional

Should M&V be awarded, the Contractor must maintain adequate and necessary records from inspections and repairs, which will be made available during files review if requested by the Contracting Officer. These records will contain at a minimum: the ECM affected, date repair and/or replacement implemented, and description of activities performed and must be included in the Annual Report on ECM Performance.

6.4 Repair of ECMs – (unless OMRR is not included)

The Contractor shall be responsible for the repair of all installed ECMs. Performance of ECM repairs, however, may be assumed by the installation through mutual agreement of the Contractor and the COR, as specified in the TO.

Repair of ECMs includes all material and equipment associated with the replacement or repair of facilities, systems, or equipment that have failed or are in a condition of diminished ECM performance as determined by the Contractor, and concurred to by the Government.

6.5 Equipment Failure.

If equipment failure or damage is a result of the Contractor’s failure to perform or negligence in performing repairs, the Contractor shall provide repair or replacement at its expense or, if repaired or replaced at Government expense, the Contractor shall reimburse the Government for losses attributable to the Contractor’s failure or negligence. If equipment failure or damage is perceived to be a result of the Government’s negligence, the Contractor shall notify the COR/KO for further action. If the Contractor is unable to negotiate a resolution with the Government to any perceived negligence on the part of the Government, he may seek remedy via the Disputes Clause.

6.6 Contractor Maintenance and Repair Response Time – (unless OMRR not included)

6.6.1 Point-of-Contact

The Contractor shall establish a Point-of -contact (name and phone number) for use by the Government in providing response to Contractor equipment failures. The point of contact shall be available as specified in the TO throughout the TO's term. Initial telephone response to repair call messages shall be within the timeframe specified in the TO. If a site visit is needed to repair equipment, repair personnel shall arrive on site within the timeframe specified in the TO for nonemergency repairs or within the timeframe specified within the TO for emergency repairs. Although normal Contractor access is during the normal work hours specified for the specific site in the TO, the Contractor may be granted 24-hour per day access to the buildings for emergency work at the discretion of the Government.

6.6.2 Emergency maintenance and repair work

Emergency maintenance and repair work is defined as maintenance or repair necessary to correct an existing or imminent failure to meet the Facility Performance Requirements of ECMs, or any action necessary to protect the safety or health of the facility occupants and prevent adverse impacts on property. The required Contractor response time for maintenance and repair will be indicated within each ECM. In critical areas of the facilities, a response time of one hour may be required. If the equipment is not functional within the agreed upon time, damages shall be assessed.

6.6.3 Failure to Respond

In the event the Contractor fails to respond as required in the TO and in the event of emergencies, the Government may incur expenses to perform emergency repairs to Contractor- installed equipment as well as Government equipment for which the Contractor assumed maintenance and repair responsibilities. The Contractor shall indemnify and hold the Government harmless in such cases where the Contractor fails to respond appropriately in emergencies. The Contractor shall promptly reimburse the Government for any and all costs incurred in responding to such emergencies. Such reimbursement may include the Government adjusting the payment schedule, as necessary, to recover such costs.

6.6.4 Emergency Operations.

· The Government will not move, turn off, or otherwise change any equipment for which the Contractor is responsible without the consent of the Contractor, unless it becomes necessary to do so in an emergency to prevent loss of life, injury, damage to property, or disruption of the installation's mission or in accordance with the provisions of approved ECMs, in which cases the Government will not be responsible for any lost savings or equipment damage which result from its actions.

· When an installation will perform the Operation, Maintenance, Repair, and Replacement (OMRR) responsibility, the Contractor shall coordinate a memorandum for record that is signed by the installation commander that will be submitted with the NOITA for higher level approval. This memorandum shall include justification for this action and shall address the capability, qualifications, and availability of resources to perform this responsibility. This memo should specify the understanding of what OMRR responsibilities will be provided to the installation. This memo will be included as part of the final FS.

· When an ECM expected life cycle of equipment is not expected to last the term of the contract, replacement equipment shall be programed into the OMRR line items during the performance period of the contract. This include all equipment, hardware, labor, and software. Expected life cycle is defined in the broadest terms and specifically to include IT type equipment that becomes obsolete and no longer integratable to the network.

7. Operation and Maintenance (O&M) Manuals and Training for ECMs

7.1 Operations and Maintenance Manuals

The Contractor must furnish Operations and Maintenance (O&M) manuals (DID012) and recommended spare parts lists for O&M of the Contractor-installed ECMs and modified Government equipment, if any. O&M plans and spare parts lists, provided by the Contractor, must be submitted to KO prior to Government acceptance of the project, as specified in the Contract.

7.2 Government Personnel Training for ECMs

· The Contractor must provide a training program for Government personnel and/or Government Contractors for each ECM in a project. The program must provide instruction on operation, troubleshooting, maintenance, and repair of ECMs. Training must include both a classroom phase and a field demonstration phase. Training must be provided to accommodate shift workers. The course material must include the operation and maintenance plans and manuals. The training must be conducted at the contract’s specified site(s) in facilities provided by the Government or as otherwise directed by the Government. Training shall be conducted annually for each ECM.

· Thirty (30) days prior to ECM installation completion, the Contractor must train Government personnel and/or government Contractors, as required, to operate, maintain, and repair ECM equipment and systems in the event of emergencies.

8. Operation of ECMs

8.1 Operational Tasks

Contractor shall include operations tasks (such as production planning, management, process improvement and succession planning) at specific stations, continuous or periodic equipment monitoring (as is appropriate for ECMs) for all installed ECMs, and minor on-line equipment adjustments required to achieve all facility and energy conservation performance requirements of the Contract.

8.2 Documentation of Changes in Work Procedure

When the implementation of an installed ECM results in a change in an existing work procedure, the Contractor shall prepare a revised written processes/work procedure and checklist for written acceptance by the KO. The Contractor must train Government personnel in the processes/work procedures.

8.3 Determining Compliance

The performance of ECM operations may be performed by the Government through mutual agreement of the Contractor and the KO in consultation with the installation. In such cases the Government will operate the ECM in accordance with the Contractor-provided operations work procedures. The Contractor must conduct periodic inspections with sufficient frequency to determine installation compliance with operations work procedures and shall notify the COR within thirty (30) days of any noncompliance and shall inform the COR of any necessary corrective action.

8.4 Government Inspection of Contractor Records

Should M&V be included in the UESC, the Contractor must maintain adequate and necessary records from inspections, which will be made available to the Government during files review requested by the Contracting Officer. These records will contain at a minimum the ECM affected, initial date of incident, date repair and/or replacement implemented, and description of activities performed and must be included in the as annual ECM Performance report.

8.5 Contractor Inspection of Government Records

Should the Government perform O&M of ECMs, the Government will maintain adequate and necessary maintenance records and inspections, which will be made available to the contractor during its performance assurance (or M&V if included). These records will contain at a minimum the ECM affected, date repair and/or replacement implemented, and a description of activities performed and will be provided to the Contractor to be included in the annual report on ECM performance.

8.6 Cybersecurity Incident

The Contractor will adhere to DFAR 252.204.7012. Within one hour of an event or incident when the Contractor becomes aware of the event or incident, the Contractor shall provide a written report of each cyber incident, whether successful or unsuccessful. As defined by FIPS PUB 200, an incident is an occurrence that actually or potentially jeopardizes the confidentiality, integrity, or availability of an information system or the information system processes, stores, or transmits or that constitutes a violation or imminent threat of violation of security policies, security procedures, or acceptable use policies. The report shall be provided to the facility’s Cybersecurity group at the Installation’s Operation's Center and to the US-CERT, as defined by NIST Special Publication 800-61 Rev 2. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, all of the required elements for a Mandatory Incident Report at https://dibnet.dod.mil. Access to DIBNet requires a Medium Assurance Certificate in order to report cyber incidents in accordance with this clause. The Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents upon award. For information on obtaining a DoD- approved medium assurance certificate, see http://iase.disa.mil/pki/eca/Pages/index.aspx.

9. Quality Control

Contractor must provide a Quality Control Plan in accordance with ER 1180-1-6, UFGS 01 45

00.10 20, and DID004.

10. Measurement and Verification (optional).

10.1 Measurement and Verification (M&V) Report Format

Contractor shall follow DID015, M&V Report, if M&V is included in the final project scope. M&V requirement is intended to validate savings realized and may be included in a UESC.

10.2 Performance Assurance

Performance assurance is intended to ensure that implemented ECMs optimally function and it is required on all UESCs.

11. Fire Prevention

11.1 Fire Safety, Fire Prevention, Fire Protection, and First Aid The Contractor must perform all work and maintain Contractor on post facilities in a fire-safe manner. On sites under Contractor control or responsibility, the Contractor must supply and maintain fire protection equipment adequate to extinguish incipient fires. The Contractor must comply with applicable post, local, and State fire prevention regulations and applicable National Fire Protection Association (NFPA) codes. These requirements will be provided to the Contractor after source selection. The Contractor must also supply and maintain proximal to the Contractor’s work areas such first aid equipment as appropriate for dealing with minor incidents.

11.2 Emergency Protocol and Day to Day Operation Requirements The Contractor must ensure that its employees know how to activate Government site fire alarms. The Contractor must observe all site requirements for handling and storing combustible supplies, materials, waste and trash. Contractor employees operating critical equipment must be trained to properly respond during a fire alarm and/or fire in accordance with the applicable installation's fire prevention procedures, rules or regulations as identified in the Contract from the Installation. The Contractor must obtain all required permits prior to performing any hot work (e.g., welding, cutting torch). These requirements will be provided to the Contractor after source selection.

12. Environmental Protection

12.1 Applicable Design and Implementation Standards

The contract will specify design and implementation standards applicable to site or Government specific facility requirements. At a minimum, all ECMs, work, equipment and materials required for ECM installation shall comply with the most recent issue of the design and implementation standards/policies. If a publication required by an individual ECM is not listed below, the Contractor shall utilize one that has national application. The following, to include (but not restricted to), list of standards policies, procedures, and statutes, is provided as a guideline for establishing these requirements:

Impacts on air quality (pollutants, noise level, and odors or fumes) and potable water use are examples of potential areas of concern at the project site. Any ECM and related work shall comply with the National Environmental Policy Act (NEPA) and other applicable Federal, State and local environmental protection regulations. The TO will identify specific known hazardous waste handling and storage requirements (e.g., Polychlorinated Biphenyl (PCB) ballasts removed from lighting fixture retrofits).

The Contractor shall comply with applicable Federal, State and local laws and with the applicable regulations and standards regarding environmental protection. All environmental protection matters shall be coordinated with the installation and the KO. Authorized Government officials may inspect any of the Contractor's work areas on a no-notice basis during normal working hours. The Contractor shall indemnify and hold the Government (including the ordering office, and/or any person acting on behalf of the Government) harmless for any and all liability, including attorneys’ fees and legal costs, resulting from the Contractor’s noncompliance or violation of any applicable Federal, State or local law, regulation or standard regarding environmental protection. In the event that a regulatory agency assesses a monetary fine against the Government for violations caused by the Contractor’s actions or inaction, the Contractor shall immediately reimburse the Government for the amount of any fine and other related costs. The Contractor shall also clean up any oil spills, hazardous wastes, and hazardous materials resulting from the Contractor's operations. The Contractor shall comply with the instructions of the Government’s designated safety and health personnel to avoid conditions that create a nuisance, or which may be hazardous to the health of Government or civilian personnel.

The Contractor shall prepare all documentation necessary to support obtaining permits to comply with all applicable Federal, State and local requirements prior to implementing affected ECMs in the performance of a TO. The Contractor shall not receive a Notice-to-Proceed with installation from the Government until all applicable environmental protection requirements have been satisfied.

The Contractor shall comply with all applicable regulations and with the requirements of the latest edition of the applicable Federal agency's Spill Prevention Control and Countermeasures Plan, or similar plan, and requirements of this agreement.

A Task Order issued against this IDIQ contract will specify design and implementation standards applicable to site or Government specific facility requirements. At a minimum, all ECMs, work, equipment and materials required for ECM installation shall comply with the most recent issue of the design and implementation standards/policies indicated in the TO as applicable. If a publication required by an individual ECM is not listed below, the Contractor shall utilize one that has national application. The following, to include (but not restricted to), list of standards policies, procedures, and statutes, is provided as a guideline for establishing these requirements:

Commercial

· National Environmental Policy Act

· National Historic Preservation Act, as applicable

Government

· No specific ECM guidance provided herein. This will be part of project development.

Other Guidance

· No specific ECM guidance provided herein. This will be part of project development.

12.2 Permits and Responsibilities

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract. See FAR clause 52.236-7, Permits and Responsibilities.

13. Safety Requirements All work shall be conducted in a safe manner and shall comply with the latest version of U.S. Army Corps of Engineers (USACE) Safety and Health Requirements Manual 385-1-1 (EM 385- 1-1), including any interim revisions, in effect at the time of the solicitation. EM 385-1-1 and its changes (https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1- 1.pdf?ver=2015-04-09-142531-467), the Accident Prevention plan requirements in Section I contract (FAR 52.236-13) and any specific safety program requirements contained herein. See also to DID005.

13.1 Guidelines

This contract specifies design and implementation standards applicable to site or Government specific facility requirements. At a minimum, all ECMs, work, equipment and materials required for ECM installation shall comply with the most recent issue of the design and implementation standards/policies indicated in the contract. If a publication required by an individual ECM is not listed below, the Contractor shall utilize one that has national application. The following, to include (but not restricted to), list of standards policies, procedures, and statutes, is provided as a guideline for establishing these requirements:

a. Commercial

· Occupational Safety and Health Administration (OSHA) regulations

· 29 CFR 1904 Recording and Reporting Occupational Injuries and Illnesses

· 29 CFR 1910, Occupational Safety and Health Standards

· 29 CFR 1926, Safety and Health Regulations for Construction

· National Fire Protection Association (NFPA) Standards including, but not limited to, NFPA 101- Life Safety Code

b. Government

· Department of the Army Regulation (AR) AR 385-40 Accident Reporting and Records http://usahec.contentdm.oclc.org/cdm/ref/collection/p16635coll11/id/1527

· EM 385-1-1 Safety and Health Requirements Manual https://www.usace.army.mil/Safety- and-Occupational-Health/Safety-and-Health-Requirements-manual/

c. Local

· No specific ECM guidance provided herein. This will be part of project development.

13.2 Administration

Prior to commencing work, the Contractor shall meet with the Government to agree upon administration of the safety program.

13.3 OSHA Compliance

The Contractor's workplace may be inspected periodically for OSHA compliance. Corrective actions for violations shall be the responsibility of the Contractor and/or the Government, as determined by the Government. The Contractor shall provide assistance to the Government representative and Federal or State OSHA inspector, if a complaint is filed. Any fines levied on the Contractor by Federal or State OSHA offices due to safety/health violations will be paid promptly by the Contractor.

13.4 Reporting Accidents

The Contractor shall comply with accident reporting requirements as outlined in AR 385-40, http://usahec.contentdm.oclc.org/cdm/ref/collection/p16635coll11/id/1527 all accident reports shall be submitted to the KO.

13.5 Fire and Ambulance Jurisdiction

The local fire department with coordination from the installation shall have jurisdiction over and shall be principally responsible for fire prevention inspections. Firefighting at any Contractor facility shall be the responsibility of the local fire department. The Contractor shall provide keys to the installation for access into any Contractor on post fenced area, building, or structure. The keys shall be labeled or permanently tagged for their respective locks and shall be replaced within one hour if the lock is changed. The local Fire Marshall shall be the authority having jurisdiction in all matters relating to fire prevention, fire protection, and firefighting. Ambulance service will not be provided by the installation.

a. Contractor shall not start work on a site until HNC Safety Office has accepted in writing its safety and health plan and hazard analysis.

b. Contractors shall comply with the latest version of Engineer Manual 385-1-1, Safety (including interim changes) in effect on the date of solicitation. Prior to making an offer, bidders should check the HQUSACE Safety and Occupational Health web site: http://www.usace.army.mil/CESO/Pages/Home.aspx

13.6 The Site Safety and Health Officer (SSHO) shall be a full-time responsibility, an employee of the Prime Contractor, an employee other than the supervisor and shall report to a senior project (or corporate) official and shall possess training in compliance DID005.

While the contract is in planning or preventative maintenance phase and the hazards associated are medium to low in nature, the contractor may submit a request to the GDA to lower the requirements of the SSHO from what is stated above, with approval from the CEHNC Safety Office. If accepted the SSHO qualifications will be outlined on a per project basis and may include the M&S Variance as outlined in the attached appendix.

13.6.1 Site Visit Abbreviated Accident Prevention Plan (SVAAPP) or Abbreviated Accident Prevention Plan (AAPP).

· The Contractor will be required to submit an SVAAPP prior to commencement of any site visit which are not covered under an Accident Prevention Plan. The Contractor shall prepare a “fill-in-the-blank” template SVAAPP to be used for all site visits that involve inspection and office type work only. The SVAAPP shall be adapted to sites specified in the individual task/delivery orders and shall be prepared prior to each site visit. SVAAPP’s shall be submitted electronically to the CEHNC Safety Office and Project Manager (Adobe PDF format) for review and acceptance. Upon acceptance, by the CEHNC Safety Office, the Contractor shall submit final SVAAPP via e-mail, including tracking submittal via Form 4025. The SVAAPP shall be submitted to the CEHNC Safety Office for acceptance before any work under this contract is awarded. A SVAAPP can be obtained by contacting the CEHNC Safety Office. The SVAAPP shall be approved prior to the Contractor performing any surveys on-site. Submission or approval requirements may be updated at the TO level. The Contractor shall submit the APP to the Contracting Officer, Contracting Officer Representative, and Project Manager within 28 days prior to commencement of work.

· The Abbreviated Accident Prevention Plan (AAPP) can be submitted in lieu of the SVAAPP if the site work goes beyond the limits of the SVAAPP. The Abbreviated Accident Prevention Plans shall address applicable items listed in Appendix A of the US Army Corps of Engineers

· Safety and Health Requirements Manual (EM 385-1-1, latest version) in addition to the other applicable requirements of EM 385-1-1 and OSHA requirements. NOTE: AAPP is at the discretion of the Huntsville Center Safety Office and contractor must have acceptance from the Contracting Officer prior to submittal. The Contractor shall submit the APP to the Contracting Officer, Contracting Officer Representative, and Project Manager within 10 government calendar days prior to commencement of work.

13.7 Site Specific Accident Prevention Plan (APP).

· Accident Prevention Plan (APP). The Contractor shall submit an APP prior to any installation/maintenance activities beginning at the site. APP’s shall address applicable items listed in Appendix A (Minimum Basic Outline for Accident Prevention Plans) of EM 385-1-1 in addition to the other applicable requirements of OSHA and EM 385-1-1, latest version, requirements. The plan shall be site specific and shall also address any unusual or unique aspects of the project or activity for which it is written. The Contractor shall coordinate with the facility representatives or facility contractor, on first aid, emergency phone numbers & response plans, site evacuation plans, lock out tag out procedures, any permit required procedures, obtaining a list of previously identified confined spaces, evacuation drills, hazardous/toxic environments/agents etc. This information shall be included in the APP. The APP shall also include site specific Activity Hazard Analysis (AHAs) for the project. The APP is the document that details how the safety and health requirements of OSHA; other regulatory codes and documents; and EM 385-1-1 are to be accomplished. Accident Prevention Plans (APP, IAW EM 385-1-1, Appendix A) shall be submitted in accordance with each task order. The APP shall be approved prior to the Contractor mobilizing on-site to perform work. Submission or approval requirements may be updated at the TO level. The Contractor shall submit the APP to the Contracting Officer, Contracting Officer Representative, and Project Manager within 30 government calendar days prior to commencement of construction phase and a revised APP prior to the start of Operation & Maintenance phase in the contract.

· Addendums to the APP - The Contractor is responsible to verify that any Proposals, Service Orders, Change Orders, and Contract Modifications are covered under the current accepted APP. If the pending work effort is NOT covered under the initial task order APP, the contractor shall submit, for Government review and acceptance, an addendum to the APP to the Contracting Officer, Contracting Officer Representative, and Project Manager within 14 days prior to commencement of work.

· Contractor shall verify with the controlling installation, the applicability and requirements for emergency procedures, permit required work procedures, and hazardous environments (including lead and asbestos). These findings shall be incorporated into the APP.

· The Contractor is responsible to verify that any Proposals, Service Orders, Change Orders, and/or Contract Modifications are covered under the current accepted APP. If the pending work effort is NOT covered under the initial task order APP, the contractor shall submit, for Government review and acceptance, an addendum to the APP.

13.8 Accident Reporting and Exposure: Monthly Man-hour reporting.

· Mishap Reporting. Man-hours and Lost Workday Reporting. Submit project work hours to the Contracting Officer's Representative (COR) monthly in the format provided by the COR. Work hours include all hours on the project where an employee is in an on-duty pay status.

· The Contractor shall complete a report of exposure hours. The report shall be on the electronic data collection tool provided by the COR described as total hours associated where workers are exposed to the activity hazards and forwarded to the Contracting Officer no later than close of business (COB) the 10th day of the following month."

· The Government Designated Authority will be identified in the individual delivery/task orders. The PM or COR will copy furnished the report to the U.S. Army Engineering and Support Center, Huntsville (USAESCH), ATTN: CEHNC-CT.

· The data must be submitted to arrive at the USAESCH not later than 10 calendar days after the end of each month. The information cut-off date will be the last day of each month. The monthly submission must include the title of the report, i.e., Accident Exposure Data Report, contract number, task order number, project site, month and year for which the report is made, a point of contact listing both email address and telephone number, and number of lost workday accidents to include total days lost. If no hours are worked on the project/task, a report showing "zero (0)" is required.

13.9 Measurement and Verification (M&V) Period.

Measurement and Verification (M&V) Period. The Accident Prevention Plan should also address the specific actions to be taken during the extended duration of the contract during the period of times that the measurement and verification of the installed ECM’s shall be accomplished. Before beginning any M&V activity, task or Definable Feature of Work (DFOW) involving a type of work presenting hazards not experienced in previous project operations, or where a new work crew or subcontractor is to perform the work, the Contractor(s) performing that work activity must prepare an AHA.

13.10 Operation and Maintenance (O&M)/ Performance Period

Operation and Maintenance (O&M)/ Performance Period. The Contractor shall submit an updated APP to the Contracting Officer, Contracting Officer Representative, and Project Manager within 30 government calendar days prior to commencement of O&M/Performance work. The APP will address all O&M work activity along with the AHAs for each definable feature of work. O&M/Performance work only can utilize the HNC Maintenance and Service Variance for this contract and all task orders under this contract. A special Variance for USACE policy EM-385-1-1 ‘Safety and Health Requirements,’ par. 01.A.17, regarding Contractor implementation of Site Safety and Health Officer (SSHO) responsibilities, has been incorporated into this contract. In acknowledgement of the ‘Maintenance and Services’ activities performed at numerous different field locations under this contract, the very specific provisions of this special Variance to EM-385- 1-1 are detailed in the variance. (Ref: Safety Variance Package Attachment…..)

14. Security Requirements Installation Security Requirements. The Contractor must provide personnel to perform work under this contract who have or are capable of obtaining secret security clearances in accordance with the requirements of the installation, in the time frame required to properly implement each ECM as submitted and approved by the KO, under this contract. Security clearances will be obtained by the Contractor at his own cost. The security requirements of the installation will be coordinated with the KO. The contractor should provide some personnel working on power distribution design and installation with appropriate clearances. The bulk of contractor personnel do not need a security clearance, they will need to meet requirements for a CAC card which can be found here: https://www.cac.mil/Common-Access-Card/Getting-Your-CAC/.

14.1 Passes and Badges

All Contractor employees must obtain employee and vehicle badges and passes, as required by the Government, for the specific Contract project site prior to the start of on-site work. The Government will issue required badges without charge, and the badges must be worn, clearly visible, by the contractor employees at all times while on site. When an employee leaves the Contractor's service, or when access is no longer required, the employee's pass and badge must be returned in accordance with Government requirements.

14.2 Contractor Vehicles

The Government may issue vehicle passes.