DRAFT_Hood_DPW_HVAC Chemical Treatment Services_PWS.pdf

PERFORMANCE WORK STATEMENT (PWS)

HVAC Chemical Water Treatment Service

Fort Hood, Texas

Part 1 General Information

1. General: This is a non-personal service contract under which the personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees. The United States (U.S.) Government shall not exercise supervision or control over the Contractor’s employees performing the tasks herein. Such contract employees shall be accountable solely to the Contractor who, in turn shall be responsible to the U.S. Government.

1.1 Description of Services/Introduction: This is a non-personal service(s) contract to provide Heating, Ventilation, Air Conditioning (HVAC) Chemical Water Treatment Services.

1.2 Background: The Contractor shall perform Heating, Ventilation, Air Conditioning (HVAC) Chemical Water Treatment Services for the Fort Hood Installation. Fort Hood is located near Killeen, Texas and consists of approximately 218,823 acres and 5,885 buildings. The installation population consists of approximately 67,300 military, Government civilians, Contractor personnel, and resident family members. Fort Hood supports an overall population of nearly 600,000, to include retirees, off post family members, and survivors.

1.3 Scope: The Contractor shall provide non-personal services to perform heating, ventilation, and air conditioning chemical water treatment service at Fort Hood, Texas to include personnel, management, equipment, tools, supplies, and transportation. The contractor shall provide HVAC Chemicals and freeze protection according to equipment manufacturer’s recommendations as specified in this PWS.

1.4 Objectives: The objective for performance under this contract is to provide HVAC Chemicals and freeze protection according to equipment manufacturer’s recommendations.

1.5 General Information:

1.5.1 Quality Control Plan (QCP): The Contractor shall develop and maintain a QCP to ensure services are performed in accordance with (IAW) this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor's QCP is the means by which it assures that the work provided complies with the requirements of the contract.

The Contractor’s Proposed QCP shall be submitted to the Contracting Officer (KO) and the Contracting Officer’s Representative (COR) for review within five (5) days after date of contract award (Deliverable #1). The KO will review and either notify the Contractor in writing of acceptance of the plan or return its comments to the Contractor within 30 days. If the Government has provided comments, the Contractor shall then have 10 days to submit a Final QCP. After receipt of the Final QCP, the Contractor may receive the Contracting Officer’s acceptance in writing. Any proposed changes to the accepted QCP are required to be resubmitted for acceptance by the Contracting Officer no later than 30 days prior to the anticipated change and before implementation by the Contractor. The timeline noted above will apply for review and acceptance for proposed changes. At a minimum, the QCP must include and answer the following to be acceptable:

(a) A chart showing the organizational structure and lines of authority, the names, qualifications, duties, responsibilities, and classification of each member of the Contractor's Quality Control Team;

(b) How the Contractor will monitor work to ensure performance complies with all deliverables (etc. timelines, deadlines, and goals).

(c) How the Contractor will monitor work to ensure performance complies with all specifications and requirements of the contract, including the contract’s clauses.

(d) How the Contractor will monitor and ensure staff qualifications remain current and valid including Department of Defense (DoD) Contractor Personnel Office (DOCPER) processes/approvals throughout contract performance.

(e) How the Contractor will ensure all keys issued will remain controlled items (Paragraph 1.7 Key Control).

(f) How the Contractor will inventory and track maintenance of all Government Provided Equipment / Materials.

(g) How the Contractor will identify, investigate, and correct any non-conforming performance and prevent similar deficiencies in the future.

1.5.1.2 How the Contractor will file and save all Quality Control related documents for the life of the contract plus 5 years. The Contractor shall inform the COR of issues or potential issues that might affect the performance within 2 working hours of identifying those issues. Verbal reports shall be followed up by written reports within 1 day.

1.5.2 Quality Assurance: The Government will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the acceptable quality levels (performance thresholds).

1.5.3 Recognized Holidays: The following provides information on recognized holidays for the purpose of the PWS. If submittal of any documentation (e.g.

deliverables, submittals, etc.) deadlines fall on a holiday, the closest workday prior to the holiday will apply as the deadline for submittal.

1.5.3.1 U.S. Holidays: Work shall not be performed on U.S. federally recognized holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer. When a U.S. holiday occurs on a Saturday or a Sunday, the holiday is observed on the preceding Friday or following Monday, respectively.

New Year’s Day: January 1 st

M. L. King Memorial Day: 3rd Monday in Jan

Presidents' Day: 3rd Monday in February Memorial Day: Last Monday in May

Juneteenth: June 19th

Independence Day: July 4th

Labor Day: 1st Monday in September

Columbus Day: 2nd Monday in October

Veteran’s Day: November 11th

Thanksgiving Day: 4th Thursday in November

Christmas Day: December 25th

1.5.4 Operating Hours: The Government facility office hours, facility operating hours, and the Contractor support hour requirements often coincide, however, they may differ. Please refer to the following:

1.5.4.1 Government Facility Office Hours: The Government facility office hours are 7:00 AM to 5:00 PM Monday through Friday except U.S. Holidays identified in paragraph 1.5.3.1 above or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.5.4.2 Government Facility Operating Hours: The Government facility operating hours occur between the hours of 7:00 AM to 5:00 PM Monday through Friday. The Government facility may close due to local or national emergencies, administrative closings, or similar Government directed facility closings and will be communicated by the Contracting Officer to the Contractor.

1.5.4.3 Contractor Support Hours: The Contractor shall provide support between the hours of 7:00 AM to 5:00 PM Monday through Friday, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor shall maintain an adequate workforce at all times, for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce is essential. For other than firm fixed price contracts, the Contractor will not be reimbursed when the Government facility is closed for the above reasons.

1.5.4.3.1 Contractor Work Plan: Reserved

1.5.5 Training Holidays: The U.S. Army has historically granted military personnel training holidays as compensation for time that they spent in field training. These are typically combined with regular holiday leave schedules (for example, Christmas half days or days on days off schedules). Training holidays may affect access to military operated facilities. If scheduled work or access to facilities is required, coordination with occupants will be necessary or the work in affected facilities shall be rescheduled after the training holiday. However, announced training holidays or exodus of military personnel may provide the Contractor with an opportunity for unrestricted access to facilities and areas. The Contractor shall take full advantage of such opportunities by planning maintenance or actions that are better accomplished when such areas are vacant.

1.5.6 Place of Performance: The work to be performed under this contract will be performed at Fort Hood (Bell County), Texas.

1.6 Security Requirements: The following information is provided on security-related matters:

1.6.1 Security Program: Reserved

1.6.2 Personnel Security Clearance Requirements: Reserved

1.6.3 Access and general protection/security policy and procedures: The contractor and all associated subcontractor employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

1.6.3.1 Escorts Reserved

1.6.3.2 Installation Pass Log: The Contractor shall provide the Contracting Officer, via the COR, an Initial Installation Pass Log within three (3) calendar days after contract award (Deliverable #2). The log must at a minimum contain the following information employee's name and work assignment. The log shall be updated as employees are added or removed. The Updated Installation Pass Log shall be current and available at any time upon request by the Government and submitted to the COR within five (5) days after any changes to the log.

1.6.3.3 Individual Termination or Expiration of Employment: The Contractor shall collect the installation access passes the same day employment of an individual has expired or has been terminated and shall return them to the issuing office within 3 days if applicable.

1.6.3.4 Contract Termination or Cancellation: Upon termination or cancellation of this contract, the Contractor shall collect all outstanding installation access passes and return them to the issuing office within 3 days if applicable.

1.6.4 Common Access Cards (CAC) and CAC Log: Reserved

1.6.5 Background Checks: The Contractor shall ensure contractor employees and subcontractor employees performing services under this contract have passed a security check conducted by the State Police Department of their U.S. residence.

Security checks that have been completed as part of a personnel security clearance background investigation, or a previous background check that was a condition of employment, meet this requirement. Documentation of these checks will be made available to the KO or COR upon request. The Government retains the right to exclude any employee from performance of duties under this contract if a background security check reveals an employee is a security risk. The exclusion of an employee for security reasons will not relieve the Contractor from performance of services required under this contract. If the Government determines additional background checks are required, at a minimum, and upon request from the Government, the Contractor shall provide to the KO or COR, the following information on any contractor or subcontractor employee performing services under this contract:

• Full birth name

• Married name (if applicable)

• SSN or local equivalent (ID card number)

• Date of birth

• Place of birth (city, country)

1.6.5.1 Background Check Notification Requirements: If a background check on any employee or subcontractor employee performing services under this contract, whether the check was conducted as a condition of employment or as part of the contract with the Government, reveals any information from any source (including host country law enforcement) of criminal activity by Contractor employees, subcontractors, or subcontractor employees, the Contractor shall immediately notify the KO and COR of that information. The Contractor shall make notification of:

(1) Traffic violations, other than parking, will be reported to the KO or COR only if the contract is for drivers for the Government;

(2) Any suspicious activity by Contractor employees, subcontractors, or subcontractor employees the Contractor believes may pose a risk to U.S. or host nation national security or imminent risk of deadly bodily harm to any person; and

(3) Any actions taken against Contractor employees, subcontractors, or subcontractor employees pursuant to this requirement.

1.6.5.2 Remedies. If the Contractor does not follow the requirements in section 1.6.5, the Government may require the removal of one or more contractor employees from performing work under this contract, in addition to any other remedies available.

1.6.5.3 Subcontracts. The Contractor must include all the requirements in section

1.6.5 in every subcontracts.

1.6.6 Uncleared Contractor Common Access Card (CAC) Credentialing and Access Procedures

1.6.6.1 Federal Installation/Facility Access: Contractor and subcontractor employees must follow all installation, facility, and local security access rules and procedures provided by the Government. Employees working under this contract must also provide any information required for background checks needed to obtain installation access. These checks may be completed by the installation Provost Marshal Office, Director of Emergency Services, Security Office, or another designated authority.

1.6.6.2. Contractor Non CAC Eligible Requirements for DOD Facility and Installation Access : Contractor and subcontractor employees must meet the access standards and procedures that use the National Crime Information Center Interstate Identification Index (NCIC-III) and the Terrorist Screening Database (TSDB), as well as all installation, facility, and local security access policies provided by the Government.

1.6.7 Access to Government Information Systems: Reserved

1.6.8 Physical Security: The Contractor shall safeguard all Government equipment, information, and property provided for Contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured IAW the Army Physical Security Program (AR 190-13.”)

1.6.9 Operations Security (OPSEC) Requirements: Contractor personnel shall adhere to facility security policies and restrictions. The Contractor shall immediately report suspicious activities to security personnel. Per AR 530-1, Operations Security, the contractor employees must complete Level I OPSEC Awareness training. New employees must be trained within 30 calendar days of their reporting for duty and annually thereafter

1.7 Key Control: The Contractor shall establish and implement methods of making sure all keys issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards.

No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Contractor’s Security Plan If applicable, and the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any incidents of lost or duplicate keys to the Contracting Officer and COR. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from payment due to the Contractor.

In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the payment due to the Contractor. The Contractor shall prohibit the use of Government issued keys by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer. The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Quality Control Plan.

1.8 Post Award Conference/Periodic Progress Meetings: The Contractor shall attend post award conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5. The Contracting Officer, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the Contracting Officer will apprise the Contractor of how the Government views the Contractor's performance and the Contractor shall apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.8.1 The Contractor shall attend, participate in, and furnish input to scheduled and unscheduled meetings, conferences, and briefings that relate to the functions and services herein as required by the Government to provide effective communication and impart necessary information. The Contract Manager or designated representative shall attend meetings as requested by the Government. Meeting attendees shall at times include Contractor managerial, supervisory, and other personnel knowledgeable of the subject matter. Meetings may start or end outside of regular duty hours.

1.9 Contracting Officer’s Representative (COR): Refer to Part 2 of this PWS for the definition of a COR. As determined by the Contracting Officer, a COR will be appointed and identified by letter of designation, a copy of which will be provided to the Contractor by the Contracting Officer. The designation letter states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates, or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is not authorized to obligate the Government. If the work is not written in the contract, the COR is not authorized to request new work. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance, maintain written and oral communications with the Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements, including Government drawings, designs, specifications, monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies, coordinate availability of Government property, and coordinate site entry of Contractor personnel.

1.10 Key Personnel: The following personnel are considered key personnel by the Government: The Program Manager / Alternate Program Manager, Quality Control Manager, and Lead Technician / Alternate Lead Technician. The Contractor shall submit résumés, certificates, and other relevant training documents for all key personnel.

The Contractor shall provide a Program Manager who shall be responsible for the performance of the work. The name of this person and an Alternate Program Manager, who shall act for the Contractor when the Program Manager is absent, along with a Curriculum Vitae (CV) for each of these individuals, shall be provided in writing to the Contracting Officer no later than the post-award meeting (Deliverable #3). The Program Manager and Alternate Program Manager shall have full authority to act for the Contractor on all matters related to the daily operation of this contract. The Program Manager or Alternate Program Manager shall be available between 0700 and 1700, Monday through Friday.

Qualifications for all key personnel are listed below:

1.10.1 Program Manager and Alternate Program Manager: The Program Manager must have at least ten (10) years of experience in the HVAC chemical field and hold a four-year degree in a related field such as Chemistry, Biology, or Engineering. The Program Manager must also be capable of managing an HVAC chemical service contract. The Alternate Program Manager shall meet the same education and experience requirements as the Program Manager to ensure full technical and managerial continuity in the Program Manager’s absence.

1.10.2 Quality Control Manager: The Contractor shall provide the name and telephone number of the Quality Control Manager within ten (10) calendar days after contract award. The Contractor shall submit the Quality Control Manager appointment to the Contracting Officer and COR on company letterhead. The Quality Control Manager must have at least ten (10) years of experience in quality control inspection and audit management, with prior experience performing work similar in complexity to this contract.

1.10.3 Lead Technician / Alternate Lead Technician: The Contractor shall designate a Lead Technician who will serve as the primary point of contact with the Government for all work performed under this contract. The Lead Technician shall be available from 0700 to 1700, Monday through Friday, except on Federal holidays or when the Government facility is closed. The Lead Technician must have a minimum of ten (10) years of experience in HVAC chemical treatment and must be qualified to work on all manufacturers listed in TE-H HVAC System Inventory and Other Components.

The Contractor shall also designate an Alternate Lead Technician who is authorized to act on behalf of the Lead Technician during their absence.

1.10.3.1 Other Technicians: All other technicians must have at least five (5) years of experience working on automated chemical treatment systems, including controls, sensors, valves, and chemical treatment of boiler and chiller systems. Relevant experience includes but is not limited to: Boiler and chiller loops, Cooling towers, Condenser loops, Sand filters, Daily, monthly, and annual operations.

1.10.4 CWT Certification Requirement: At least one key personnel member, either the Program Manager, Lead Technician, or Alternate Lead Technician, shall hold a current Certified Water Technologist (CWT) credential issued by the Association of Water Technologies (AWT). The designated CWT-certified individual shall provide technical oversight of all HVAC water treatment activities, verify treatment strategies, review system performance data, and ensure compliance with industry standards and the requirements of this PWS. Documentation of current CWT certification shall be maintained by the Contractor and made available to the COR upon request.

1.10.5 Personnel List: The Contractor shall submit to the Contracting Officer a written list of employees including key personnel who will perform work under this contract no less than ten (10) calendar days after start of contract performance. This list shall include each employee's name and work assignment. Changes shall be submitted not later than two (2) calendar days prior to implementation of the change (Deliverable #17). In emergency situations and cases of adverse actions where two (2) day notice is not possible, the Contractor shall submit the change in writing to the Contracting Officer/ COR not later than twenty-four (24) hours after change is implemented.

1.11 Identification of Contractor Employees: All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties must identify themselves, to include proper marking of signature blocks in correspondence, to avoid creating an impression in the minds of members of the public that they are Government officials. The Contractor shall ensure that all documents or reports, produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.11.1 Contractor workspace (staging site, on-site office, desk or work area, etc.)

shall contain a sign signifying the space is occupied by Contractor employee(s) to ensure that Government employees and the public know that they are not Government employees. The proposed sign shall be submitted to the Contracting Officer via the COR for review and acceptance ten (10) calendar days after contract award (Deliverable #4). Workspace sign location shall be coordinated with the COR.

Contractor employees shall identify themselves by name and company affiliation when answering the telephone, presenting briefings, conducting or attending meetings, and seminars. All Contractor correspondence (written, facsimile, and email display) shall include their company name. Requirements for Contractor vehicles is addressed under Part 4 paragraph 4.4.

1.11.2 Contractor Identification Badges: Contractor personnel shall be easily identifiable through the display of badges IAW Contractor Identification (AE Reg. 27- 715). (For services at Child, Youth, and School Services where children are present, recommend personnel wear identification when children are present.) ): If required by the Government, contract personnel and all associated subcontractor’s employees accessing U.S. facilities or activities, shall present a valid picture ID provided by the Government while accessing Government owned or contracted facilities and shall adhere to facility security policies and restrictions. If applicable, Government issued access badges will not be worn outside designated facility where visible to the general public. Contractor personnel shall return all U.S. Government issued identification to appropriate U.S. Government authorities within five (5) days of the end of their contractual duties.

1.11.3 Uniform: The Contractor shall provide a standard uniform for all Contractor and subcontractor employees performing services under this contract and ensure they wear the uniform during appointed duty hours. The uniform may consist of the same type and color shirt and slacks for all workers. Company logo is optional.

1.12 Contractor Travel: Reserved

1.13 Other Direct Costs (ODCs): Reserved

1.14 Data Rights: The Government has unlimited rights to all documents and materials produced under this contract. All documents and materials, to include the source codes of software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership and copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.15 Non-Disclosure Requirements: Reserved

1.16 Protection of Government and Contract Information: Per Public Use Notice of Limitations stated by Defense imagery Management operations Center and contained at www.dvidshub.net/, the Contractor shall not cite any information (e.g., contract information, pictures, locations, etc.) obtained through this contract on any hard copy or digital marketing tools to include its company website.

1.17 Non-Disclosure Statements: Reserved

1.18 Advertisement and Social Media: The Contractor shall not post information to public website or social media locations, personal or professional, that in any way disclose names, locations, hotel data, participants, discussions, pictures, etc. before, during or after the contract period of performance without the express consent of the Government. The use of propaganda violates DOD Commercial Use of Imagery Guidelines stated at (https://www.dvidshub.net/). The Contractor shall not cite any information (e.g., contract information, pictures, locations, etc.) obtained through this contract on any marketing tools to include its company website.

1.19 Information Assurance: At no time will the Contractor or associated sub-contractor employees transmit government documents or information using methods that do not meet the security requirements specified in the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, "Protecting Controlled Unclassified Information (CUI) in Nonfederal Information Systems and Organizations" such as personal electronic mail accounts, public digital data storage sites (cloud storage), social media platforms or instant messaging. Approved government sites such as DoD SAFE at https://safe.apps.mil, or All Partners Access Network (APAN) at https://community.apan.org/, or other transmission means determined by the government must be used.

1.20 Organizational Conflict of Interest (OCI): Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent OCI as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s OCI Mitigation Plan will be determined to be acceptable solely at the discretion of the Contracting Officer. In the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the http://www.dvidshub.net/ https://www.dvidshub.net/) https://safe.apps.mil/ https://community.apan.org/

Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.21 Phase In /Phase Out Period: To minimize decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on board, during the thirty (30) day phase in/ phase out periods. During the phase in period, the Contractor shall become familiar with performance requirements in order to commence full performance of services on the contract start date. The contractor will operate with a minimal workforce to gain a clear understanding of the requirements. This process should include collaboration with the current contractor and a structured transfer of knowledge between both parties, covering all aspects of the contract.

During the phase-out period, the contractor will continue to fulfill all contractual obligations while making a good-faith effort to provide the follow-on contractor with the information necessary to successfully execute the contract. This will be accomplished by allowing the incoming contractor to shadow the workforce and receive detailed instructions on how to navigate the requirements.

1.22 Safety: The following provides information pertaining to Safety and Accident Prevention:

1.22.1 Safety Laws and Regulations: The Contractor shall comply with FAR 52.236-13, Accident Prevention (November 1991)

The requirements under FAR 52.236-13 but are not limited to the following:

(a) Before initiation of work at the job site, an Accident Prevention Plan, written by the Contractor for the specific work and hazards of the contract and implementing in detail the pertinent requirements of EM 385-1-1; will be reviewed for acceptance by designated Government personnel (Deliverable #5). Specific requirements for development of the Accident Prevention Plan are found in 01.A and Appendix A of EM 385-1-1. EM 385-1-1 is available online at www.usace.army.mil.

(b) The Contractor shall provide and maintain work environments and procedures which will:

(1) Safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities.

(2) Avoid interruptions of Government operations and delays in project completion dates.

(3) Control costs in the performance of this contract.

https://www.usace.army.mil/

1.22.1.1 In addition to other requirements for accident prevention specified in this contract, the Contractor shall comply with all Federal and State requirements governing safety and health protection on construction sites and other applicable occupational safety codes.

The Contractor shall indicate its plan for compliance considering conditions of the work described by the design, technical proposal, operational activities of the Government or others in the area of the work, identification of the coordinator, and implementation of all other accident prevention provisions of this contract.

1.22.1.2 The Contractor shall complete and provide safety notifications required by federal authorities and will provide documented proof to the Contracting Officer via the COR, no later than 3 days (Deliverable #6) that such notifications were made.

1.23 Environmental Compliance: The following outlines the Contractor’s responsibilities for environmental compliance in the performance of this contract.

1.23.1 Environmental Compliance Plan and Program: The Contractor shall comply with all Federal, State, and local environmental protection laws, regulations, and standards referenced in FC Regulation 200-1, Environment and Natural Resources, as well as all requirements related to clean air, clean water, TSCA, pollution control, and RCRA. The Contractor shall designate an Energy Conservation Monitor and a Recycling Monitor in writing to the COR no later than ten (10) days prior to the contract start date. All environmental protection matters shall be coordinated with the COR and the DPW Environmental Division. If the contract requires the use of hazardous materials, the Contractor shall inform the KO/COR of the types and quantities to be brought onto the Garrison and provide Safety Data Sheets, storage requirements, and proposed storage locations. This information will be provided to the Garrison Fire Department and the Environmental Division. Prior to contract completion, the Contractor shall remove all hazardous materials and dispose of all hazardous waste in accordance with applicable laws, forwarding disposal documentation to the DPW Environmental Division. The Contractor shall, at its own expense, clean up any contamination including soil or groundwater contamination caused by hazardous materials brought onto the Garrison or resulting from its activities, and shall immediately report any hazardous substance spills to the Garrison Fire Department.

1.23.2 Safety Requirements: The Contractor shall comply with all OSHA, State, U.S. Army and applicable industry safety standards. The Contractor shall observe all local policies and procedures concerning fire, safety, environmental protection, sanitation, security, and possession of firearms or other lethal or illegal weapons or substances. All accidents and occupational illnesses shall be reported immediately to the COR.

1.24 Required Training:

1.24.1 Anti-Terrorism (AT) Level I Training: All Contractor employees, including subcontractor employees, who are employed under the contract, shall complete AT Level I Training within 30 calendar days (Deliverable #7) after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or 30 calendar days after employment of new personnel. AT Level I awareness training is available at USMEPCOM >Home > Contractors (army.mil). Contractor personnel shall complete refresher training (Deliverable #7) every twelve (12) months except AOR specific AT Level I training which shall be completed as required by local AT policies.

1.24.1.1 If training cannot be conducted on the website, the Contractor shall coordinate with the COR who will contact the local AT Officer at their assigned location for classroom training. Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the AT Officer.

Verification of the training shall be provided to the COR within 5 calendar days after completion of the training (Deliverable #7).

1.24.2 OPSEC Training: All Contractor employees, including subcontractors, shall complete Level I OPSEC training within 30 calendar days of employment under this contract. Verification of the training shall be provided to the COR within 5 calendar days after completion of the training (Deliverable #8). OPSEC Level I training is available at USMEPCOM > Home > Contractors (army.mil). Contractor personnel must complete refresher training every 12 months. Verification of the training shall be provided to the COR within 5 calendar days after completion of the training (Deliverable #8).

1.24.2.1 If training cannot be conducted on the website, the Contractor shall coordinate with the COR, who will contact the local OPSEC Officer at their assigned location for classroom training. Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the OPSEC Officer. Verification of the training shall be provided to the COR within 5 calendar days after completion of the training (Deliverable #8).

1.24.3 iWATCH Training: The Contractor and all associated subcontractors shall brief all employees on the local iWATCH Army program (training standards provided by the requiring activity ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 days after the contract is awarded and within 30 days after new employees commence contract performance, with the results reported to the COR within 35 days after the contract is awarded and within 35 days after new employees commence contract performance (Deliverable #9). Verification of the training shall be provided to the COR within 5days after completion of the training (Deliverable #9).

1.24.4 Information Assurance (IA) / Information Technology (IT) Training:

Reserved

1.24.5 Personally Identifiable Information (PII): Reserved

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1.24.6 Threat Awareness Reporting Program (TARP Training): Reserved

1.24.7 Combating Trafficking in Persons Training (CTIP): All Contractor personnel shall receive initial and annual refresher training on CTIP training per the United States Government’s zero tolerance policy as described in FAR 52.222-50. The Contractor shall maintain a compliance plan during the performance of the contract.

1.25 Government Property and Services: Reserved

PART 2 DEFINITIONS & ACRONYMS

2. Definitions and Acronyms

2.1 Definitions: Although not inclusive of every term used within this PWS, the following provides a list of definitions used throughout this PWS and commonly used in the acquisition field.

Acceptable Quality Level (AQL): The maximum percentage defective that, for the purpose of a sampling inspection, can be considered satisfactory on the average. It is the allowable deviation from a standard before the Contracting Officer or designated representative will reject the specific service. An AQL does not imply that the Contractor may knowingly perform in an unsatisfactory manner but rather exerts a realization that perfect performance is not possible.

Annually: Perform one time per year.

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

Contracting Officer's Representative (COR) – As defined in DFARS 202.101, means an individual designated and authorized in writing by the Contracting Officer to perform specific technical or administrative functions. DoD Instruction (DoDI) 5000.72, Part II Definitions states the following when defining a COR: “Defined in subpart 202.101 of Reference (f). Any individual delegated responsibilities pursuant to subpart 1.602-2 of Reference (e), regardless of local terminology, must be certified in accordance with this instruction. For example, local terminology can be COR, Contracting Officer’s technical representative, technical point of contact, technical representative, alternate COR, administrative COR, assistant COR, line-item manager, task order manager, quality assurance personnel, quality assurance evaluator, or COR management.” In addition, Army Regulation 70-13, Chapter 2, paragraph 2-2g, states, in part, the following when providing other surveillance support personnel to assist the COR when needed. These other surveillance support personnel may serve as on-site representatives of the COR in performance of actual contract surveillance if they meet all COR requirements and have been appointed by the Contracting Officer as alternate CORs.

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

Contractor-acquired Property - means property acquired, fabricated, or otherwise provided by the Contractor for performing a contract and to which the Government has title.

Day – means, unless otherwise specified, a calendar day.

Defective Service – means a service output that does not meet the standard of performance associated with the Performance Work Statement.

Deliverable – means anything that can be physically delivered but may include non-manufactured things such as meeting minutes or reports.

Government-furnished Property – As reflected in FAR 52.245-1, Government-furnished Property “means property in the possession of, or directly acquired by, the Government and subsequently furnished to the Contractor for performance of a contract.

Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes contractor-acquired property if the contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.

Government Property - means all property owned or leased by the Government.

Government property includes both Government-furnished and Contractor-acquired property. Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software.

Property Administrator - means an authorized representative of the Contracting Officer appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a Contractor.

High Level Objective (HLO) – means a key overarching result-based objective for a project necessary to achieve the project’s vision. HLOs are similar to Level 2 in a Work Breakdown Structure. Each HLO may contain several statements to flesh out the areas necessary to meet the objective.

Physical Security – means that part of security concerned with physical measures designed to safeguard personnel; to prevent unauthorized access to equipment, installations, material, and documents; and to safeguard against espionage, sabotage, damage, and theft.

Quality Assurance – (or Government contract quality assurance) means the various functions, including, inspection, performed by the Government to determine whether a Contractor has fulfilled the contract obligations pertaining to quality and quantity.

Quality Assurance Surveillance Plan (QASP) – means the key Government-developed surveillance process document and is applied to Performance-Based Service Contracting (PBSC). The QASP is used for managing Contractor performance assessment by ensuring that systematic quality assurance methods validate that Contractor quality control efforts are timely, effective, and are delivering the results specified in the contract or task order. The QASP directly corresponds to the performance objectives and standards (i.e., quality, quantity, timeliness) specified in the Performance Work Statement (PWS). It provides specific details on how the Government will survey, observe, test, sample, evaluate, and document Contractor performance results to determine if the Contractor has met the required standards for each objective in the PWS. The QASP, with very few if any exceptions, is an internal to Government document.

Quality Control – means all necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

Statement – means the specific results-based activities required to satisfy HLOs. A statement contains a result, the context of the statement, and the required action(s).

Statements focus on “what” is to be accomplished however, they are not prescriptive in describing “how” the outcome is to be achieved. Each HLO may have several statements to flesh out the areas necessary to meet the objective. Statements are similar to Level 3 in a Work Breakdown Structure.

Subcontractor – means one that enters into a contract with a prime Contractor. The Government does not have privity of contract with the subcontractor.

Workday - The number of hours per day the Contractor provides services in accordance with the contract.

Work Week - Monday through Friday, unless otherwise specified.

Acronyms: Although not inclusive of every term used within this PWS, or that may be included in an acquisition, the following provides a list of acronyms commonly used in the acquisition field.

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AHA Activity Hazard Analysis AOR Area of Responsibility AR Army Regulation AT Anti-terrorism ATCTS Army Training Certification Tracking System

CAC Common Access Card CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer’s Representative

COTS Commercial-Off-the-Shelf CTS Chemical Treatment Service DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254

Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center

DoD Department of Defense FAR Federal Acquisition Regulation GFP Government Furnished Property HLO High Level Objective HIPAA Health Insurance Portability and Accountability Act of 1996 IA

Information Awareness IAC Installation Access Control IACO Installation…