Fort Knox MA IDIQ Construction Contract - SOW.docx

Directorate of Public Works (DPW) Construction Multiple Award, Indefinite Delivery Indefinite Quantity Statement of Work (SOW)

SECTION 1: GENERAL INFORMATION

1.1 Statement of Work. The contractor shall provide all management, supervision, labor, supplies/materials and tools/equipment necessary to provide construction services as described herein. Specifically, the contractor shall provide new construction, maintenance, and repair (M&R) relating to, but not limited to, construction of new structures, infrastructure or facilities, energy conservation, environmental, logistical, and operational type work. All construction work on the contracts shall be performed in support of the Fort Knox Garrison and other parties on the Fort Knox Installation. The contract is a Multiple Award, Indefinite Delivery Indefinite Quantity (MA IDIQ) Task Order requirement. The period of performance will be for a five-year period from date of contract awards.

1.2 Location of Work. All work required under this contract shall be performed on real property assigned to Fort Knox. An Area on Fort Knox is provided for contractor to have a trailer to work out of. See Attachment 05.

1.3 Objective. The task orders will vary in size ranging from $2,500.00 to approximately $5,000,000.00 with most anticipated to be between $25,000.00 to $500,000.00. The majority of the work will be performed on administrative, recreational, billeting, workshops, training, maintenance, infrastructure, and transportation facilities. Projects to include tasks in a variety of trades such as carpentry, roofing, excavation, interior work (to include remodeling and interior modifications), electrical work, steam fittings, plumbing, sheet metal, painting, demolition, concrete masonry and flatwork, asphalt paving, welding, mechanical, landscaping, and other general construction work to include those related to final construction documents. Work shall be performed in strict accordance with all terms and conditions of the MA IDIQ and resulting TO, to include but not limited to, the TO Statement of Work (SOW), specifications, drawings, applicable wage determinations and all other documents incorporated into the TO.

The MA IDIQ Contractor(s) (from here on referenced as Contractor(s)) shall be responsible for all costs associated with fulfilling the requirements of each individual TO. They shall ensure compliance with best commercial practices of the trade, or class of work involved, and that work is executed in a careful and orderly manner by workmen skilled in their respective trades. All applicable codes, laws, and regulatory requirements shall be adhered to while performing work under this contract.

1.4 Hours of Operations. The Government's regular (normal) hours are from 0700 – 1630 hours, excluding 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 for the uninterrupted performance of all tasks defined within this SOW when the Government facility is not closed for the above reasons.

1.5 Federal Holidays. The Contractor’s performance shall not be required on the Federal public holidays listed below, unless there is a requirement to respond to a Priority 1, Emergency. Holidays occurring on weekends will be observed as directed by the Federal calendar (5 United States Code (U.S.C) § 6103, Government Organization and Employees, Holidays).

NOTE: When a holiday falls on a Sunday, the following Monday will be observed as a holiday, and, when a holiday falls on a Saturday, the preceding Friday is observed as a holiday by U.S. Government Agencies. Federal holidays also include any Presidential or Congressionally designated days off other than the holidays listed above.

1.6 Government Key Personal.

1.6.1 Contracting Officer (KO). The KO is the only person authorized to direct changes in any of the requirements under this contract, and, notwithstanding any provisions contained elsewhere in this contract, said authority remains solely with the KO. In the event the Contractor makes any change at the direction of any person other than the KO, the change shall be considered to have been made without authority and solely at the risk of the Contractor. All contract administration will be affected by the KO. Communications pertaining to contractual administrative matters shall be addressed to the KO. No changes in or deviation from the terms and conditions shall be affected, without a written modification to the contract, executed by the KO authorizing such changes. The KO will approve all submittals and plans required in this SOW.

1.6.2 Contracting Officer’s Representative (COR). The KO will appoint a COR during the performance of this contract. Additional Government personnel may be assigned to assist in contract oversight IAW AR 70-13, Management and Oversight of Service Acquisitions. Other surveillance personnel may be designated as COR or Alternate Contracting Officer’s Representative (ACOR), and shall be trained and appointed IAW DoDI 5000.72, DoD Standard for Contracting Officer’s Representative (COR) Certification and DFARS 201.602-2. The Alternate Contracting Officer Representative (ACOR) will serve as on-site representatives of the COR in performance of actual contract surveillance, if they meet all COR training, experience requirements, and are appointed by the KO as an ACOR. The COR/ACOR will provide assistance in identification and resolution of problems, conflicts in priority, subtask requirement definitions, and other operations type problems. The COR/ACOR will perform IAW the responsibilities and duties identified in the appointment letter.

1.6.3 COR Authority. A letter of designation will be issued to the COR/ACOR by the KO. A copy of the letter will be sent to the Contractor. The letter of designation states the responsibilities and limitations of the COR/ACOR, especially with regard to changes in cost, price estimates, or changes in delivery dates. The COR/ACOR is not authorized to change any of the terms and conditions with regard to cost, quantity, or schedule of the resulting order.

1.6.4 COR/ACOR Functions. The COR/ACOR monitors all technical aspects of the contract and assists in contract administration. The COR/ACOR is authorized to perform the following functions: assure 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; monitor, document, and report Contractor's performance and notify both the KO and Contractor of any deficiencies; coordinate availability of Government-Furnished Property, and coordinate site entry of Contractor personnel.

1.7 Contractor Key Personnel.

1.7.1 Minimum Qualifications and Types of Positions within Professional Levels. The contractor shall possess a variety of skills in order to perform task orders under this contract. There is no limitation on the use of employees with qualification exceeding those listed. Professional Levels, as listed in key personnel below, are industry standards determined by the education, certification through Accreditation Board for Engineering and Technology/Engineering Accreditation Commissioning (ABET/EAC), years of experience and work experience. Minimum qualification standards for professional levels and types of positions for levels are specified below, and shall be required to be on post when active task order projects are issued.

1.7.2 Contractor Key Personnel. Program Manager, Safety/Health Assurance Representative, Project Superintendent, Quality Control Manager, and Contract Office Manager are personnel with skills required for daily onsite supervision and operation. All personnel accreditations, certifications and experience must be had at the date/time of bidding to be a valid bidder. The Safety/Health Quality Control Managers shall not directly report to the Contractor Program Manager but the next higher level of authority in the company. These on site requirements exist when active task orders are issued. For the Professional levels below, Engineer means any engineering field not related to Chemical, Computers, Oceans, Space, Air or Environmental Engineering but intended to include Architects. Related Engineer fields have to do with commercial/residential/site construction, maintenance and repair of facilities, utilities or general rehabilitation of structures(vertical/horizontal or transportation).

1.7.3 Program Manager. Shall have a recognized four/five year college degree from a fully accredited college in engineering and ten years’ management and supervision experience in a related technical field’s business; or ten years’ experience in management and supervision with five years of relevant experience in engineering or architectural design in new construction, maintenance, repair, fire protection, mass notification, acquiring permits to include environmental permits, rehabilitation, infrastructure related to structural and site construction projects. All personnel accreditations, certifications and experience must be had at the date/time of bidding to be a valid bidder. In addition to the minimum qualifications outlined above, all contractors work shall be executed under the direction of the contractor program manager. The on-site contractor program manager shall oversee task accomplishment, administer all instructions, and answer all questions from the contracting officer pertaining to the tasks orders during the life of the contract. The contractor program manager shall be responsible for complete coordination of all work under this contract to include procurement of materials, competition, and the acquiring and tracking of subcontractors. All work shall be accomplished with adequate internal controls and review procedures which will eliminate conflicts, errors, and omissions and ensure the technical accuracy of all output. Program managers are expected to be on site and attend quarterly payment/progress meetings. They shall provide updated construction schedules to the DPW - chief of engineering, DPW inspector supervisor and the KO. As well, the program manager must ensure there are adequate numbers of superintendents to support multiple simultaneous projects (SEE FAR 52.236-6, Superintendence by the Contractor). Program Manager shall be delegated in writing from the owner of the company to represent, make decisions in both writing and work on behalf of the company. These professionals shall each have five years of relevant experience with maintenance repair, fire protection, mass notification, acquiring permits, rehabilitation, infrastructure and structural construction projects as it relates to their profession. All personnel accreditations, certifications and experience must be had at the date/time of bidding to be a valid bidder.

1.7.4 Engineers, surveyors and architects. Personnel with skills required for on-site or off- site engineering and design, but each will be licensed in the state of Kentucky. Training specialists, technical writers, and support professional(s) are additional skills required for on-site or off-site engineering and design. Engineering, architectural, training and engineering shall have a recognized 4/5 year BS degree from a fully accredited college in engineering or related field; three years of design, design review, and engineering service experience in maintenance, repair, acquiring permits, rehabilitation, infrastructure and structural construction projects. These professionals shall each have five years of relevant experience with maintenance repair, fire protection, mass notification, acquiring permits, rehabilitation, infrastructure and structural construction projects as it relates to their profession. All personnel accreditations, certifications and experience must be had at the date/time of bidding to be a valid bidder.

1.7.5 Senior level engineers/architects. Must have a recognized 4/5 year degree from a fully accredited college in engineering or architecture; Kentucky registered professional engineer and/or architect; ten years’ experience in engineering, design in maintenance, repair, fire protection, mass notification, acquiring permits, to include environmental permits, rehabilitation, infrastructure and structural construction projects are skills required for on-site or off-site project engineer/architects. Note: National Institute for Certification in Engineering Technologies (NICET) Level IV certification is an applicable license substitute for the fire protection and mass notification design criteria. These professionals shall each have five years of relevant experience with maintenance repair, fire protection, mass notification, acquiring permits, rehabilitation, infrastructure and structural construction projects as it relates to their profession. All personnel accreditations, certifications and experience must be had at the date/time of bidding to be a valid bidder.

1.7.6 Safety/Health Assurance Representative. Shall have completed an authorized 30-hour OSHA 1926 Construction Safety Course, current certification of CPR/First Aid Training from a nationally accredited program, and five years’ experience in on-site safety and health management of construction project work. The 30-hour OSHA 1926 Construction Safety certificate shall be provided at time of bidding and again with each task order specific submitted safety plan.

1.7.7 Project Superintendent. Shall have certification of completion of an authorized Construction Quality Management for Contractors course within the last five years; as well as five years experience performing varied responsibilities related to supervision of concrete/ready-mix operations and/or five years related to supervision of commercial construction and renovations, with project history to include quality control, schedules, safety, actual cost vs. estimated cost.

1.7.8 Quality Control Manager (QCM). Shall have certification of completion of an authorized Construction Quality Management for Contractors course within the last five years at the time of bidding; as well as five years’ experience performing varied responsibilities related to supervision of concrete/ready-mix operations and/or five years related to supervision of commercial construction and renovations, with project history to include quality control, schedules, safety, actual cost vs. estimated cost.

1.8 Fort Knox Standards. shall be used to perform all work called for under this contract. The purpose of these specifications and standards is to furnish concise industrial and/or commercial standards for maintenance and repair of government facilities. Fort Knox Standards see Attachment 2a.

1.9 Unit Price Software (UPB). The UPB and the approved compatible estimating software shall be utilized for all applicable pricing under this contract. Government designated the most current R.S. MEANS Cost Data, or an equivalent, is the UPB, for this contract for pre-priced costs. Work tasks required for completion of specific project requirements that are not considered part of them“complete, in-place construction” of UPB items or are not otherwise contained in the UPB are called Non-Pre-Priced (NPP), and their use is defined herein. “Actual” Market pricing is not relevant under this contract except when necessary for calculating non-pre-priced work tasks. Any difference between actual prices and UPB pricing shall not constitute grounds for failure to perform nor shall be grounds for any equitable adjustments in the price for the delivery order.

a. The estimating software shall be RSMeans or approved equal, fully compatible with the MEANS databases, and shall readily accommodate the application of the location factors (Elizabethtown, KY), the contractor’s coefficients, and the incorporation of non-pre-priced cost items.

b. R.S. Means Cost Data contains net unit prices for the description of work to be accomplished at the unit of measure identified. These net prices provide consideration for all direct labor, materials, and equipment costs necessary to provide complete, in-place construction (or demolition), and include Overhead and Profit (OH&P) considerations for the executing (or sub) contractor level.

c. All indirect costs at the prime contractor level shall be covered by the Contractor’s coefficient(s). In addition to the costs defined elsewhere herein, the Contractor’s coefficient shall include consideration for anticipated yearly inflation and or other market fluctuations occurring through the end of the contract period.

1.10 Progress Schedule. The Contractor shall submit within five days after receipt of the TO, to the KO for approval, a practicable schedule for each TO awarded over $10,000.00 and for a period of actual work performance exceeding sixty (60) calendar days. The Government reserves the right to request a schedule in TOs awarded for less than $10,000.00 and/or that last for less than sixty (60) days. Schedule shall comply with FAR 52.236-15 -- Schedules for Construction Contracts.

The Contractor shall enter the actual progress on a progress report as directed by the Contracting Officer, and upon doing so shall immediately deliver three (3) copies of the annotated progress report to the Contracting Officer. If it is the opinion of the Contracting Officer that the Contractor has fallen behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress shall be regained.

1.11 Progress Meetings. Contractor interface with the Government will be on a continual basis, and periodic meetings are expected to discuss the progress and quality of work being performed. The Contractor’s representative (i.e., Project Site-Superintendent) shall be available to meet with the KO and/or Contracting Officer’s Representative (COR)/ Inspector at the job site, or other designated site, to discuss work progress. Meetings will be scheduled by the KO and/or COR/Inspector with timely notification to the Contractor. At the progress meetings, Contractor(s) shall demonstrate work progress utilizing the government approved Construction Schedule.

1.12 Multiple Award Task Order Contract Specifications and Fort Knox Standards. Multiple Award Task Order Contract (MA IDIQ) Specifications and Fort Knox Standards shall be used to perform all work called for under this contract. The purpose of these specific specifications pulled from the Fort Knox Specifications and Standards will be to provide more direct and concise industrial and/or commercial standards for new construction, maintenance and repair of government facilities. The MA IDIQ may also experience additional specifications pulled from Master SPEC on an as needed basis for specialty work not normally found on Fort Knox.

1.13 Codes and Standards. The site surveys, site visits, work plans, permits, studies, calculations, remedial actions, equipment repair, startup and testing and/or related work shall conform to the requirements of this contract. The contractor shall adhere to codes and standards as specified herein including those specified in the individual task order. All codes and standard requirements shall be based on the latest edition of applicable codes. All work shall comply with local, state, national, ALL Unified Facilities Criteria (UFC) and installation codes, whichever are the most stringent. Contractor shall use the following website to assure they have the most current UFC: http://www.wbdg.org/ffc/dod/unified-facilities-guide-specifications-ufgs .

1.14 Safety and Health Program. Site activities in conjunction with this program may pose safety hazards which require specialized expertise to effectively address and eliminate. The contractor shall be responsible for preparing and implementing an effective safety and health program, including preparing a generic site safety and health plan in accordance with most current USACE EM 385-1-1 Safety Manual/Appendix A and OSHA regulations. A copy will be posted at each job site. This generic site safety and health plan shall be submitted to the contracting officer for approval within 30 days after contract award. This plan shall be capable of being adapted to the sites specified on the individual task orders. A designated safety and health assurance representative shall have direct responsibility for the overall safety and health program. Each site activity shall have a designated individual responsible for the site safety. When projects are schedule to be conducted in the Fort Knox Range Complex contact the Post Ammunition and Explosives Safety Specialist at 502-624-4303 and Range Safety at 502-624-1519. All safety plans will be signed prior to submittal to the contracting officer IAW with USACE EM 385-1-1, see Attachment 04a and 04b.

1.15 Quality Control Program. The contractor shall develop, implement, and document an effective quality control plan for the program which consists of preparing and providing a generic site quality control. This generic site quality control plan shall be submitted to the contracting officer for approval within 30 days after contract award. This plan shall be capable of being adapted to the sites specified on the individual task orders. A designated individual shall have direct responsibility for the overall quality control program. Each site activity shall have a designated Quality Control Manager responsible for the quality control.

1.16 Quality Control Plan (QCP). Quality control is the responsibility of the Contractor. The Contractor shall develop, implement, and maintain an effective quality control program which shall be documented in a QCP to ensure services are performed IAW this SOW. The Contractor shall develop and implement procedures to identify and prevent the recurrence of defective services. The Contractor’s QCP is the means by which they assure themselves that the work conforms to contract requirements. The basic principle of the plan is that the Contractor is responsible for quality control. The QCP shall be constructed in such a manner that each SERVICE can be extracted and used for that function only and not contain extraneous information. The Contractor's QCP shall include a separate section, which addresses the Contractor's method of managing quality of work. The QCP shall include a description of the inspection system to address services listed in this SOW, and a description of the methods to be used for identifying and preventing defects in the quality of services performed. The plan shall include a description of the Contractor’s inspection system to include specifics as to areas to be inspected on a scheduled and unscheduled basis, frequency of inspections, and the title and organizational placement of the Contractor’s inspectors. No lead person or first line supervisor shall be considered a Quality Control Inspector. The Contractor shall develop, maintain, and submit a QCP to the KO for acceptance within thirty (30) calendar days after the contract is awarded. The Contractor shall submit any proposed changes in the QCP to the KO for written approval five (5) working days prior to implementation.

1.17 Site Security. The contractor shall provide site security (fencing, lighting, or guard service) as required by individual task orders. However, at a minimum, the contractor shall maintain the site and all other contractor controlled areas in such a manner as to minimize the risk of theft, vandalism, injury, or accident. The contractor shall comply with site security regulations. Site security shall include energy conservation methods as well.

1.18 Accident Reports. The contractor shall comply with accident reporting requirements as outlined in U.S. Army Regulation 385-40 and as directed by the contracting officer. All accident reports shall be submitted to the contracting officer. The Contractor shall comply with Operational Safety and Health Administration (OSHA) for record keeping and reporting of all accidents resulting in death, injury, occupational disease, or adverse environmental impact. A completed typed original plus one (1) copy of ENG FORM 3394 United States Army Corps of Engineers Accident Investigation Report shall be delivered to the KO within five (5) calendar days of occurrence, whenever an accident involving personal injury or government owned property occurs.

1.19 Security Requirements.

1.19.1 Installation Access. Access to U.S. installations, buildings and controlled areas is limited to personnel who meet security criteria and are authorized. Failure to submit required information/data and obtain required documentation or clearances will be grounds for denying access to U.S. installations, buildings and controlled areas. The Contractor shall ensure that any subcontractors used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any subcontractor utilized by the Contractor, are made aware of and comply with these requirements.

The Contractor shall be aware of and comply with the requirements associated with Installation Access Control. The Government is not liable for any costs associated with performance delays due solely to a firm’s failure to comply with Installation Access Control System (IACS) processing requirements.

1.19.2 Level 1 Antiterrorism Awareness Training. All Contractor employees, including subcontractor employees, who are employed under the contract, shall complete AT Level I Training within 30 days as required on the AT/OPSEC Cover Sheet, A017 after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or 5 days after employment of new personnel. The Contractor shall submit certificates of completion for each affected Contractor employee and subcontractor employee to the COR (or to the Contracting Officer, if a COR is not assigned) within 3 Days after completion of this training by all employees and subcontractor personnel. AT Level I awareness training is available at https://jkodirect.jten.mil. Contractor personnel shall complete refresher training every twelve (12) months except AOR specific AT Level I training which shall be completed as required by local AT policies. 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 days after completion of the training.

1.19.3 Access and General Protection/Security Policy and Procedures. The Contractor and all associated Subcontractors’ employees shall comply with applicable Installation, facility, and local security policies and procedures. The Contractor workforce shall comply with all personal identity verification (PIV) requirements as directed by Department of Defense (DoD), Headquarters Department of the Army (HQDA), and local policy. The COR/ACOR will request changes in Contractor security matters or processes if the Force Protection Condition (FPCON) at any individual facility or Installation changes.

1.19.4 iWATCH Training. The Contractor and all associated subcontractors shall brief all employees on the local iWATCH 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 5 days after new employees commence contract performance, with the results reported to the COR within 5 days after the contract is awarded and within 5 days after new employees commence contract performance A019. Verification of the training shall be provided to the COR within 5 days after completion of the training. Training slides can be found on the Army OneSource we site: http://www.myarmyonesource.com/familyprogramsandservices/iwatchprogram/default.asp x

1.19.5 Operational Security (OPSEC) Awareness Training. All Contractor employees, including subcontractors, shall complete Level I OPSEC training within 30 days of employment under this contract A018. Verification of the training shall be provided to the COR within 5 days after completion of the training. OPSEC Level I training is available at http://www.cdse.edu/catalog/elearning/GS130.html. Contractor personnel must complete refresher training every 12 months. Verification of the training shall be provided to the COR within 5 days after completion of the training.

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 days after completion of the training.

All actions, required in paragraphs 1.19.4 & 1.19.5, are to be accomplished on a yearly basis for multi-year contracts according to the initial contract award date. Certificates of completion shall be forwarded to the COR, no later than 15 days after expiration date.

1.20 Safety. All work shall be conducted in a safe manner and in compliance with OSHA, EPA, State, Fort Knox Reg. 385-10, Corps of Engineer Safety Manual (EM 385-1- 1), and all other nationally recognized safety standards. If the contractor fails or refuses to comply with safety requirements, the KO will issue an order stopping all or part of the work until corrective action has been taken. See Attachment 04a.

1.20.1 Safety Plan/Program. The contractor shall develop a Safety Plan that delineates the processes and procedures the contractor shall use to prevent accidents, preserve the life and health of contractor and government personnel and the public, and protect work and property. The contractor shall implement a Safety Program based on its Safety Plan to be implemented on contract start date.A009 The Safety Program shall be implemented for the purpose of preventing accidents and preserving the life and health of contractor and government personnel involved in performance of the contract or receiving services provided under the contract. The contractor’s Safety Program shall fully comply with the provisions of AR 385-10 and all other applicable Army, Installation, and OSHA regulations and directives, including TRADOC Reg. 385-2. In cases where standards conflict, the stricter requirement shall apply. The contractor shall designate personnel to be responsible for administration of safety and OSHA programs. The contractor shall update the plan as changes occur and shall submit a copy of the proposed plan to the KO and COR for approval not later than 30 calendar days prior to the proposed effective date of the updated plan. At a minimum, the contractor's Safety Plan shall include provisions for:

1.20.2 Safety Procedures. The contractor shall develop procedures and practices that minimize accident risk. Any contractor internal safety directives or standard operating procedures shall be submitted to the government.

1.20.3 Safety Equipment Use. The contractor shall ensure the use by employees of safety equipment and personal protective equipment and devices necessary to protect the individual. All safety equipment used shall be in accordance with OSHA standards, for example: safety boots, hard-hats, safety glasses and goggles, ear plugs.

1.20.4 Shop Safety. The contractor shall ensure that workers observe Installation and shop safety precautions.

1.20.5 Flammables. The contractor shall comply with AR 420-90 and with the NFPA Codes and Standards Volume 3 for the storage and use of flammable mixtures, which might constitute a fire hazard.

1.20.6 Smoking. The contractor shall comply with AR 600-63 and any applicable Fort Knox policies for controlling smoking in government buildings, vehicles, and equipment.

1.20.7 Safety Inspections. The contractor shall perform periodic inspections of safety equipment as required by Federal and State OSHA standards and other regulations. In addition, the contractor shall inspect and survey contractor work areas for potential safety hazards. The contractor shall be subject to safety inspections by the government.

1.20.8 Occupational Hygiene Inspections. The KO may conduct occupational/industrial hygienic surveys, evaluations, and inventories. The KO will notify the contractor of any recommendations or evaluations, which reveal actual or potential health hazards that require protective measures to be implemented. Contractor employees shall be instructed by the contractor to notify the contractor of any potential health hazards.

1.20.9 Violation Warnings. The contractor shall post all notices of violations for hazards classified as Risk Assessment Codes (RACs) 1 and 2 in the workplace or area where the hazards exist.

1.20.10 Previously Identified Hazardous Conditions. The government will provide a list of facilities that have been inspected for compliance with OSHA and for which any workarounds have been established. The government will correct these hazards, or any hazards later discovered, at its own expense, in compliance with government-developed plans of abatement, taking into account safety and health priorities. A higher priority for correction will not be assigned to the facilities provided under this contract because of the award of this contract. The identification of any hazardous condition(s) does not warrant or guarantee that no other possible hazards exist or that the workaround procedures currently employed will be adequate to meet the responsibilities of the contractor. Compliance with OSHA and other applicable laws and regulations for the protection of employees shall be the sole obligation of the contractor, except as otherwise specifically stated in this contract.

1.20.11 Contractor Identified Hazardous Conditions. If, at any time during the term of this contract, hazardous conditions not previously identified are discovered by the contractor or made known to it by any Federal or State agency responsible for enforcing OSHA, or if any workaround is determined to be inadequate by any Federal or State agency, the contractor shall report, verbally and in writing, such conditions or determinations to the KO. Verbal notification shall be given within 30 minutes after discovery, and written notification shall be provided within one working day. A010 The KO may take any of the following actions, as deemed appropriate:

· recommend that the contractor request variance from the pertinent standard if alternate safety measures will provide adequate protection.

· negotiate replacement of hazardous property with contractor-owned property.

· replace hazardous property with suitable government property.

· authorize modification at government expense; or

· authorize modification of government property at contractor expense with the understanding that title to any non-severable modification vests in the government.

The last step shall be mandatory if the hazardous condition was caused by the fault or negligence of the contractor or his officers, agents, or employees in accordance with FAR 52.245-5.

1.20.12 Safety Training. The contractor shall provide and document initial and annual instructions to enable employees to conduct their work in a safe manner and to recognize and report hazardous conditions. Initial indoctrination shall include instructions in safe practices; proper use, care, and maintenance of tools and equipment; accident reports and individual responsibility for accident prevention; and, known hazards in work areas. The contractor shall complete initial indoctrination within 30 calendar days after contract start date and shall maintain a file of contractor employees, by name, who have attended the indoctrination. The contractor shall conduct follow on training yearly, as a minimum, with notification to the KO within ten calendar days after completion.A011The contractor shall also develop procedures to ensure new hire employees are indoctrinated prior to work assignment. The contractor shall conduct quarterly safety training for contractor employees working in all applicable functional areas. The training shall include, but not be limited to, the following topics, as applicable:

· Petroleum, Oil, and Lubricants (POL) handling and storage

· Vehicle operations

· HAZMAT storage, shipping, and handling

· Confined space entry

· Respiratory protection

· Hazard Communication (HAZCOM)

· Lock out/Tag out.

· Personal Protective Equipment (PPE)

· Lifting devices

1.20.13 Fire Safety. The government will provide fire protection services on the Installation. However, the contractor shall safeguard and maintain all government property and provide for the safety of government and contractor personnel within the areas and facilities assigned to contractor operations. The contractor shall comply with National Fire Protection Association (NFPA) Codes and Standards, Volume 3 AND AR 420-90. The contractor shall be subject to fire inspections by the government.

1.20.14 List of Responsible Personnel. The contractor shall designate, in writing, personnel to be responsible for administering comprehensive Fire and Safety plans in accordance with AR 385-10, The Army Safety Program, and AR 420-90, Fire Prevention and Protection. Notification of any changes in responsible personnel shall be submitted to the KO no later than five workdays prior to the change. A012

1.20.15 Emergency Notification Procedures. Contractor personnel witnessing a fire, an accident, a criminal act, a hazardous material release, a bomb threat, or other threatening act or condition, shall notify the proper authority on the Installation by dialing 911, or personally reporting the act or occurrence to the Installation Fire Department or Military Police.

1.20.16 Damage Reports. In all instances where the contractor damages government property and/or equipment, the contractor shall submit a full written report of the facts and extent of such damage to the KO within two workdays of occurrence. A013 The contractor shall perform all work and operations to avoid damaging existing buildings, structures, pavements, equipment, and vegetation on the government installation(s). The contractor shall repair or replace damaged property as directed by the KO, and corrective work shall be subject to inspection and acceptance by authorized government personnel.

1.20.17 Accident Reporting. The contractor shall comply with AR 385-40, OSHA, and other regulatory agency requirements for record keeping and reporting of all accidents in the course of contractor work, which result in death, any personal injury, trauma, occupational disease, or environmental damage. The contractor shall provide a verbal report to the KO within two hours of occurrence and a written follow-up report within two workdays whenever an accident involving personal injury occurs.A014 The contractor shall complete and submit DA Form 285, U.S. Army Abbreviated Ground Accident Report (AGAR), to Installation Safety Office for all accidents involving vehicles or equipment.

1.20.18 Serious Accidents. The contractor shall call 911 immediately in cases of serious accidents or injury. The contractor shall further report the accident, within 30 minutes, to the Installation Safety Office during regular duty hours or to the Staff Duty Officer after duty hours. Serious accidents and incidents include but are not limited to those defined in AR 385-40 and other applicable directives. Examples are as follows:

· One or more lives lost.

· One or more persons critical injured.

· Three or more persons hospitalized due to one incident.

· Fire causing major damage to structures, equipment or vehicles.

· HAZMAT and hazardous waste incidents.

1.20.19 Working Conditions Report. The contractor shall make hazard-reporting procedures available to contractor employees in accordance with 29 CFR 1910 or 1960, as applicable.

1.20.20 Third Party Accident Claims. If any claims are made by a third party against the contractor because of an accident, which occurs in connection with the contractor's performance, the contractor shall submit, within 24 hours after the initiation of the claim, a full written report to the KO.

1.20.21 OSHA Reporting. The contractor shall comply with OSHA reporting requirements, to include, but not limited to, completing OSHA Form 300, Log of Work- Related Injuries and Illnesses, OSHA Form 300A, Summary of Work-Related Injuries and Illnesses, and OSHA Form 301, Injury and Illness Incident Report. The contractor shall forward a copy of OSHA Form 300 to the KO no later than 1 February annually. A014

1.20.22 Hot Work Permit. The contractor shall complete and submit Hot Work Permit, Form ATZK-1252 to Installation Fire Department prior to performing any work involving an open flame.

1.20.23 Personnel Escort. The contractor shall provide escorts in safety hazard areas where the contractor has prime work responsibility for government and other contractor personnel who are performing work in these areas.

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

1.21 Environmental Compliance. The contractor shall operate in full compliance with Federal, State, local, and Installation environmental regulations and programs. This shall include, but not be limited to, the provisions of Superfund Reauthorization and Recovery Act (SARA), Emergency Planning and the Community Right-to-Know Act (EPCRA) (48 CFR 1, 11, 23, and 52), Executive Order (EO) 12856, Endangered Species Act, Federal Facilities Compliance Act, Resource Conservation and Recovery Act (RCRA), 40 CFR, Parts 1-799, Title 401 KAR, Chapters 4 through 65, 36 CFR 800 and the National Historic Preservation Act, the Clean Water Act, the National Pollutant Discharge Elimination System (NPDES), 401 Kentucky Administrative Regulations (KAR) 5:001 through 5:080, and Kentucky Revised Statutes (KRS) 224.70 - 120, KRS 224 Chapter 13, and the Federal Water Pollution Control Act, the provisions of the National Electrical Code (NEC), and the EPA Regulations on Polychlorinated Biphenyls (PCBs) (40 CFR Part 761). The contractor shall be solely responsible for any penalties levied for noncompliance. The contractor, and all government facilities utilized by the contractor, shall be subject to environmental inspections by the KO, Environmental Protection Agency (EPA), Kentucky Department of Natural Resources and Environmental Protection, the DPW Environmental Management Division (EMD), and other individuals approved by the KO. These inspections may be on an announced or unannounced basis.

1.21.1 Hazardous or Toxic Materials. Hazardous materials listed in the Installation Chemical Inventory maintained by the Installation Safety Office are subject to OSHA Worker Right to Know Laws and hazardous waste state regulation 401 KAR Chapters 30-43. In addition, other HAZMAT may be encountered. Additional materials known to exist are listed in the Fort Knox Spill Contingency Plan available for review in the DPW EMD office. The contractor shall also comply with the Installation Hazard Communication Standard Program and Hazardous Communication Policy. These documents are available for review in the DPW EMD office.

1.21.2 Handling and Storage of HAZMAT. The contractor shall adhere to all applicable requirements of the Installation Hazardous Waste Management Plan, the Installation Environmental Controls Handbook, and of 29, 40, and 49 CFR and shall provide all materials, labor, training, transportation, and equipment for the handling and storage of HAZMAT. All POL Products or HAZMAT usage and storage shall be in strict compliance with all Federal, State, and local environmental laws and regulations and Installation policies. Any HAZMAT used or stored on the Installation, which requires reporting, or the Fort Knox Environmental Coordinator shall approve planning under SARA or EO 12856 prior to being brought on the Installation. Any HAZMAT, which exceeds the reporting threshold under SARA, EPCRA, shall be reported as required to the appropriate agencies through the Fort Knox Environmental Coordinator, and copies of all environmental reporting documents shall be promptly furnished to the Fort Knox Environmental Coordinator. A Material Safety Data Sheet (MSDS) shall be maintained on site for any HAZMAT used or stored on the Installation. A list of all HAZMAT used or stored on the Installation shall be furnished to the Fort Knox Environmental Coordinator on contract start date and upon any change. The contractor shall obtain any permits required to execute work prior to proceeding with work. Documentation of training shall be provided to the KO within 30 calendar days of contract start and/or change in HAZMAT personnel.

1.21.3 Pollution Prevention and Right-to-Know Information. The contractor shall provide all information needed by the Installation to comply with the emergency planning reporting requirement of Section 302 of EPCRA, the emergency notice requirements of Section 304 of EPCRA, the list of MSDS required by Section 311 of EPCRA, the emergency and hazardous chemical inventory forms of Section 312 of EPCRA, the toxic chemical release inventory of Section 313 of EPCRA, which includes the reduction and recycling information required by Section 6607 of the Pollution Prevention Act, and the toxic chemical reduction goal requirements of Section 3-302 of EO 12856.

1.21.4 Common Hazardous Material. The following HAZMAT may be found on the Installation:

1.21.4.1 Polychlorinated Biphenyls (PCBs). PCBs are acutely toxic and carcinogenic compounds commonly found in electrical equipment insulating oils. Even though law prohibits the manufacture of additional PCB, equipment with PCB insulating liquid is still in use and special handling procedures must be employed. Upon discovery of PCB, the contractor shall notify the Post EMD.

1.21.4.2 Asbestos. Asbestos, used in the production of heat resistant materials, has been classified as a HAZMAT. Insulation, wallboard, tile, vent pipe, mastic, doors, and other tangible items containing asbestos are still in use and may be encountered by the contractor in the course of performing his duties. Upon anticipation or discovery of asbestos, the contractor shall contact Post EMD for further direction. If required, asbestos testing and abatement will be performed under a separate contract.

1.21.4.3 Lead. Lead-based paint has been classified as a HAZMAT. Any work by the contractor on surfaces where lead-based paint has been applied shall be performed in accordance with applicable EPA and OSHA regulations, and DA policies.

1.21.5 Hazardous or Toxic Substance Exposure. As required by law, the contractor shall notify the DPW EMD immediately upon discovery of air, land, or water being exposed to lead, asbestos, or other hazardous waste or substances. In the event that the exposure is the result of any actions by the contractor, the contractor shall alert the KO to this fact.

1.21.6 Hazardous Material Spills. The contractor shall respond to all contractor-caused spills involving Petroleum, Oil and Lubricants (POL) on Fort Knox property in accordance with the provisions of this performance work statement, AR 200-1, the Fort Knox Spill Prevention Control and Countermeasure Plan (SPCC) and the Fort Knox Environmental Handbook. The DPW EMD reviews, signs and tracks all manifest and associated paperwork. The contractor shall report all contractor caused spills to the Fort Knox Fire Chief and DPW EMD within 30 minutes of the spill and provide a written report to DPW EMD within 24 hours of the spill. The contractor shall take immediate action after a spill to protect the soils, surface, and groundwater at Fort Knox. The contractor shall ensure proper handling of spilled materials, until disposition, in accordance with the Federal and State laws. DPW EMD will determine what actions are required to clean-up or mitigate any contamination resulting from a release. The contractor shall remove and package contaminated material under the direction and authority of DPW EMD.