Attachment_4_-_Performance_Work_Statement_01.12.2017.pdf

DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

C.1 Description/Specifications

C.1.0 General Program

The work specified in this specification shall be in accordance with all Federal, State, County and City laws, codes, and ordinances and shall follow the more stringent of them. In addition to compliance with these laws, the Contractor shall follow all applicable standard industry practices including, but not limited to, the Occupational Safety and Health Act (OSHA) and NIBS.

C.1.0.0 Above Standard Services- RESERVED

C.1.0.1 Acceptance

The term constitutes acknowledgment that the supplies or services required in the contract conform to applicable contract quality and quantity requirements.

C.1.0.2 Approval

‘Approval’ means the Government has reviewed the submittals, deliverables, or administrative documents [e.g., insurance certificates, Material Safety Data Sheets (MSDS), etc.], and has determined that the documents conform to contract requirements. Government approval shall not relieve the Contractor of responsibility for complying with Federal, State, and local laws and regulations.

C.1.0.3 Facility and Site

A reference to ‘facility’ and ‘site’ is interchangeable.

C.1.0.4 Contracting Officer (CO)

The CO has the responsibility for the administration of this contract. The CO alone, without delegation, is authorized to take action on behalf of the Government to amend, modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules. The

CO makes final decisions on disputed deductions from contract payments for non-performance or unsatisfactory performance; the ability to terminate the contract for convenience or default; and issues final decisions regarding contract questions or matters under dispute. The CO may delegate certain other responsibilities to authorized Government representatives.

C.1.0.5 Contract Specialist (CS)

A CS may be assigned a contract project, but does not have signatory authority. The CS handles contract administration responsibilities and is the first point of communication for contractual issues.

C.1.0.6 Administrative Contract Officer- RESERVED

C.1.0.7 Contracting Officer's Representative (COR)

The COR and/or authorized designee shall be appointed by letter from the CO. A copy of this designation letter is provided to the Contractor at time of the award. The CORs responsibilities include monitoring technical compliance and ensuring that the Contractor complies with all technical requirements of the work as defined in the contract. This includes but is not limited to the submission of reports, data and documentation; monitoring administrative tasks and fund expenditures;

monitoring property management; resolving technical differences; assisting the Contractor in interpreting technical requirements of the contract without increasing costs and altering or changing the contract scope. Any unresolved differences shall be reported in writing to the CO. The report shall contain the facts and recommendations; assisting in closeout of the contract. Upon completion of the work, forward to the CO a written statement attesting to the Contractor’s completion of technical performance under the contract, delivery and acceptance of all goods and services for which inspection and acceptance are herein delegated, and a statement as to the Contractor’s performance of the contract. CORs do not have the authority to modify the contract.

C.1.0.8 Contractor

Reference to ‘Contractor’ throughout the SOW even for those references to subcontracted type tasks shall mean the responsibility of the contract service provider.

C.1.0.9 Environmentally Sustainable

These are products or services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. This comparison may consider raw materials acquisition, production, manufacturing, product, chemicals, packaging, distribution, reuse, operation, maintenance, or disposal of the product or service. Refer to

Section C.17. ‘Federal Requirements’ for a list of environmentally sustainable attributes and certifying entities.

C.1.0.10 Federal Holidays

Federal holidays are New Year’s Day, Martin Luther King Day, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, and Christmas

Day. When Federal Holidays fall on weekends, a weekday is typically designated as the holiday.

C.1.0.11 Guiding Principles for Sustainable Existing Facility

A practice of using processes that is environmentally responsible and resource-efficient throughout a building's life-cycle. The goal is to minimize and offset consumption of energy, water, and other resources and to eliminate all waste and pollution from facility operations and activities. The result is to reduce the environmental impact of the Federal Government, which will expand and complement the facility design economy, utility, durability, and comfort. See http://en.wikipedia.org/wiki/Sustainability

The common objective is to reduce the overall impact of the built environment on human health and the natural environment by:

-Improving energy efficiency and reductions in greenhouse gas emissions.

-Reducing water consumption intensity.

-Acquiring green products and services.

-Implementing pollution prevention measures, including reduction or elimination of the use of toxic and hazardous chemicals and materials.

-Implementing cost-effective waste prevention and recycling programs.

-Increasing diversion of solid/trash waste.

C.1.0.12 GSA Green Purchasing Program (GPP)

The GPP which includes the Green Purchasing Plan specifies requirements to promote the purchase of environmentally sustainable products and services.

http://en.wikipedia.org/wiki/Sustainability

C.1.0.13 Green Cleaning

Green Cleaning is a planned and organized approach to cleaning specifically designed to protect building occupant s’ and workers’ health, while at the same time reducing environmental impacts.

C.1.0.14 LEED-EB

Leadership in Energy and Environmental Design for Existing Buildings (LEED) provides building owners and operators with a concise framework for identifying and implementing practical and measurable green building design, construction, operations and maintenance solutions. Once a building has achieved LEED certification all future purchases and services must be evaluated and ensure compliance with LEED to maintain the certification.

C.1.0.15 Modification

Modification is a bilateral or unilateral change in the terms of a contract. C.1.0.16 Ordering Official

Ordering Officials are appointed by letter from the CO. Ordering Officials shall be the Government’s representative for the ordering of supplies and services.

C.1.0.17 Performance Based Service Contracting

This is a procurement strategy that seeks to issue technical requirements that set forth outcomes for performance instead of specific requirements on how to perform the service. This strategy shifts the risk of performance to the Contractor by allowing the Contractor to design the methods of achieving desired results as defined by the performance quality standards established by the Government.

C.1.0.18 Product Preference

Products that are identified as environmentally sustainable shall be selected over those which do not carry such designations. The following factors to consider when selecting products include:

environmental performance, cost performance, bio-based, recycled content, biodegradability, technical performance, and availability.

C.1.0.19 Quality Assurance Surveillance Plan (QASP)

The QASP is the Government’s surveillance method for monitoring and evaluating the Contractor's performance under a Performance Based Statement of Work (PBSOW).

1. Evaluating Contractor Performance: In accordance with the clause at FAR 52.212-4 (a), Contract Terms and Conditions-Commercial Items (FEB 2007), “The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The

Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price.”

2. Surveillance of Customer Complaints: The COR or designee shall initially consider any customer complaint received as valid. For periodic surveillance the COR or designee shall make periodic inspections of the grounds to ensure acceptable performance. All unacceptable conditions shall be documented and forwarded to the Contractor. The Contractor shall make every attempt to resolve the unacceptable condition within 2 hours of notification by GSA. If this is not possible the Contractor shall contact the COR or designee to explain the situation and request additional time. At the CORs discretion a time extension may be granted. If the COR chooses not to grant a time extension and has the condition corrected by other means, these costs plus administrative costs shall be charged back to the Contractor and the subsequent monthly payment reduced accordingly.

3. Performance Objectives: The Contractor is responsible for maintaining all program requirements in a satisfactory manner.

C.1.0.20 Quality Control Program (QCP)

The Contractor shall establish a complete Quality Control Program (QCP) to ensure that the requirements of this contract are provided as specified. The QCP shall be a system for ensuring that the quality of performance under this contract equals or exceeds the best practices of commercial firms performing similar work for private sector operations and other successful contracts. The QCP is a system for identifying and correcting deficiencies in the quality of services before the level of performance becomes unacceptable. Preparation of this document is the responsibility of the

Contractor.

1. The Contractor shall submit a QCP in accordance with the Quality Control Program to the

COR or designee within 14 calendar days prior to contract start date. The QCP, at a minimum, shall address the following:

a. Inspection System: An inspection system covering, at a minimum, all the services listed in this PWS. Specify the areas to be inspected on either a scheduled or unscheduled basis, frequency of inspections, and the title and organizational placement of the inspectors.

Additionally, control procedures for any Government-provided keys or lock combinations shall be included.

b. Quality of Service: The QCP shall ensure that high quality is built in to all work practices and procedures. A description of the methods to be used for identifying and preventing defects in the quality of service performed.

c. Inspection Records: The QCP shall contain a description of the records to be kept. It shall also contain documented inspections, and how corrective or preventive actions shall be taken. It shall include a daily quality control inspection form.

d. Filing of Inspection Records: A description of how the records of inspections shall be kept and made available to the Government throughout the contract performance period and for the period after contract completion until final settlement of any claims under this contract.

e. Quality Control Program Inspector: The Contractor shall ensure that all personnel providing Quality Control Program inspections are not the persons who actually performed the work and are sufficiently knowledgeable of all technical aspects covered under this contract which would allow identification/discovery of improperly performed services and authorized to ensure performance of any corrective measures that may be required.

f. Re-Inspection Costs: Reserved

g. Additional Inspections by the Government: Reserved

h. Deficient Work: If any deficient work is to be performed by others, then the actual charges to correct the work plus appropriate administrative charges will be deducted.

C.1.0.21 Service Calls

RESERVED

C.1.0.22 Tenant Complaints

Tenant complaints shall be received in the Building Manager’s Office. The Contractor’s supervisor shall be in possession of a communication device at all times for the relay of information. Response to service calls shall be addressed within the same day of receipt of the call, unless extension is approved by building manager. In emergencies response must be immediate.

C.1.0.23 Standard Services

A standard service is defined as all services that are included in the monthly price or are defined in the contract document. Prices are to include all applicable labor, materials, supplies, training/certifications, equipment (except as otherwise provided), supervision, and management.

C.1.0.24 Stewardship

This is the responsibility for managing, conducting or supervising the quality, state or condition of a commercial or institutional facility.

C.1.0.25 Contract Requirements

1. Term of the Contract

Performance of the work requirements under this contract is for a one year base period with four, one year option periods for seven Federal facilities located in Salt Lake City, Provo, and Ogden, Utah.

2. Miscellaneous Utility Work: Reserved

3. Sewer Inlet Clean out: Reserved

4. Smoking Restrictions: No smoking allowed during the work activities or in the view of the public.

5. Environmental Controls: The Contractor shall comply with the Region 8 GSA Sustainability and

Environmental Management System (SEMS) procedures that can be found at www.r8sems.com.

The following is a list of the categories of environmental procedures inclusive of subcategories under Repair and Alteration (R&A) – Construction Contracts that apply to the contract requirements.

Chemical Storage and Disposal

Cross Connection Control and Backflow Prevention

Excavation Permit

Fugitive Dust Management

Green Purchasing

Grounds Maintenance Chemical Usage

Grounds Maintenance Water Usage

Recycling and Universal Waste

Spill Response

Stormwater Management

6. Used Oil and Filters Disposal: The Contractor shall be responsible for proper removal and disposal of used motor oil and used oil filters and chemicals that are generated by this contract.

The Contractor shall dispose of used motor oil by recycling. The following are the responsibilities of the Contractor when handling, storing, transporting, and disposing of used oil, filters, and other chemicals:

a. These filters shall not be disposed of in any Federal property.

b. The Contractor shall dispose of used oil and filters in accordance with all State, Federal, and local regulations included in the contract.

7. Other Chemical Disposal http://www.r8sems.com/

a. Herbicide and Pesticide Disposal: The Contractor shall dispose of all herbicide and pesticide materials, including all containers, in accordance with the product label and Material Safety Data Sheets and all other laws and regulations. All licensing and certification required by the applicable laws, code and standards shall be the explicit responsibility of the contractor.

b. Manifest Documents: The Contractor shall prepare and submit hazardous waste manifest documents for government signature prior to disposing of chemicals.

8. Records: The Contractor shall be responsible for creating and maintaining any required records that are specifically required by the State of Utah and Environmental Protection Agency. The

Contractor shall provide the original record of any such record within 2 business days of receipt of the request by the State of Utah or EPA. In addition, the Contractor shall maintain an inventory of all hazardous materials used, stored, or otherwise handled during normal activities, and shall furnish the COR or designee with a copy of the hazardous materials inventory, at least annually or when COR/designee requests it.

a. The Contractor is responsible for all waste disposal generated in the performance of the requirements of the contract. This includes the profiling of all waste to ascertain whether an item is hazardous or not.

b. For hazardous materials, this includes all record keeping, obtaining all permits and manifests and other documentation required by the Utah Consent Order, GSA, EPA, DOT, local jurisdictions, and the subsequent transport to the proper disposal facility. Originals of all records shall be submitted to the COR or designee no later than 7 calendar days after disposal or as otherwise indicated. Additional detail follows.

This procedure is divided up into two major divisions with minor subdivisions:

1) Excavated Soils

2) Sampling and Manifesting

c. The Contractor is required to recycle all materials to the fullest extent possible, unless otherwise directed by the COR or designee.

d. All above described wastes leaving the facility are required to be transferred to the landfill or an appropriate facility under a waste manifest. All recycled materials leaving the facility are required to be manifested before transfer off the facility. Construction debris with no known hazardous component shall be manifested as non-hazardous. For materials which have the potential to be hazardous, a Toxic Characteristic Leaching Procedure (TCLP) analysis shall be performed by the Contractor (See Sampling and Manifesting Procedure). If the results exceed criteria, the wastes shall be shipped under a hazardous waste manifest all manifests for all the properties listed under this contract shall be signed by a designated signatory within the EPG.

e. The handling of excavated soil is covered under the Excavation Permit procedure. Any soils which contain ACM, must be disposed as asbestos containing soil and require specific procedure, which are negotiated with the Utah Department of Public Health and Environment

(CDPHE) Solid Waste Division on a project by project basis.

9. Inspection and Observation

a. Other Government Personnel Other Government personnel including, but not limited to the

Inspector General, the GSA landscape architect/designer, or The Department of Homeland

Security (DHS) Office of Federal Protective Service (FPS) and others as approved by the CO or

COR or designee are authorized to observe Contractor’s operations. However, these personnel may not interfere with Contractor performance unless they have determined it is an emergency situation threatening life and/or property. If approached by these personnel, direct them to the COR or building manager

b. Closeout Inspection A closeout joint inspection with the COR or designee and the Contractor shall be conducted no later than 14 calendar days prior to contract end. The Contractor shall provide a copy of the inspection report to the COR or designee within 3 calendar days after inspection. All deficiencies shall be corrected by the completion date of the contract.

10. Emergency Support Response

a. Accident and Rescue Operations Emergency situations may require that the Contractor provide increased or reduced levels or types of support as directed by the CO. In the event site property is damaged by causes of a disastrous nature, the CO shall determine the emergency actions necessary to protect Government and personal property, and shall direct the

Contractor to do emergency and urgent work to the extent deemed necessary by the CO. All such work as described in this paragraph shall be subject to separate negotiations and shall not be included as part of the PWS.

b. Emergencies In case an emergency exists during the Contractor’s normal working hours, the

Contractor shall divert his work force, as directed by the COR or designee, to meet the emergency needs. Emergency situations include removing fallen trees, and removing branches from roads and parking areas. When these employees are n SHA 29 CFR 1910.1030 requires employers having employees occupationally exposed to blood or other potentially infectious materials to develop and implement a program designed to protect exposed employees from these hazards.

c. The Contractor shall develop an Exposure Control Program fully compliant with OSHA requirements, including employee training, control procedures, and availability of immunizations. A copy of this document shall be provided to the COR or designee within 7 calendar days prior to contract start, as well as a copy maintained at each building/facility encompassed by this contract. This document shall be kept continuously up-to-date.

d. The Contractor shall ensure all employees who are involved with work covered by the OSHA regulation are properly trained in exposure control practices and procedures. Documentation of this training shall be provided to the COR or designee within 7 calendar days after contract start, as well as a copy maintained at each building/facility encompassed by this contract. All new and replacement employees shall be trained in exposure control practices and procedures.

e. Compliance with OSHA: Compliance with the Occupational Safety and Health Act and other applicable laws and regulations for the protection of Contractor employees and subcontractor employees performing the requirements defined in this specification, is exclusively the obligation of the Contractor. The Government shall assume no liability or responsibility for the

Contractor’s compliance or noncompliance with such requirements.

11. Insurance Requirements

a. The Contractor shall obtain insurance coverage as specified below:

b. Workers' Compensation and Employers' Liability - $100,000 minimum;

c. General Liability - Bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence;

d. Property damage $20,000 per occurrence; and

e. Automobile Liability (if applicable) - Shall be written on the comprehensive form of policy and provide for coverage of at least $200,000 per person, $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

f. The General Liability policy(ies) shall name "The United States of America, acting by and through the General Services Administration," as an additional insured with respect to operations performed under this contract. Should such insurance be canceled, the Contracting

Officer shall be given at least 30 calendar days notice prior to the effective date of cancellation.

These stipulations, the contract number and a service description shall be on the face of the insurance certificate(s) provided as evidence of coverage (if requested by the Contracting

Officer).

g. The Contractor agrees to insert the substance of this clause, including this subparagraph, in all subcontracts hereunder. Before commencing work under this contract, the Contractor shall provide the Contracting Officer with an insurance certificate to verify the required insurance has been obtained.

12. Contractor Performance Assessment Reporting System

a. The Contractor Performance Assessment Reporting System (CPARS) is a Federal, multi-agency, web-based system created to collect, maintain, and disseminate Contractor performance information as required by Federal Acquisition Regulation, Subpart 42.15. The system allows

Contractor’s to access interim and final evaluations electronically for review and comment following registration in the system.

b. The Contractor shall register with the CPS within 60 calendar days of contract award to enable access to interim and final evaluations. Registration may be completed by using the website:

Hhttps://cpsContractor.nih.govH. To register, logon and click on the "Register Here" link. This site provides instructions on how to register and offers computer-based training for Contractor’s through the “CPS Contractor On-Line Training” hyperlink. There is no fee for registration or use of this system. Electronic evaluations are available to registered Contractor’s for review 30 calendar days from the date the evaluation is issued.

13. The Right to Utilize Government Forces Or Other Contractors

The Government reserves the right to utilize Government forces or other Contractors to accomplish items in the contract and other services or portions of work thereof during the term of this contract. The Government also reserves the right to perform any work by Government forces or others in the immediate vicinity or adjacent to the work being performed by the Contractor.

14. Safety Requirements

a. Compliance: The Contractor shall comply with all safety regulations and guidance. The COR or

CO may issue a stop work order to the Contractor or employees to stop all or part of the

Contractor’s work until all safety violations are corrected. No part of the time lost during a stop work order shall be allowed the subject of a claim, for time and money compensation, by the

Contractor. Contractor shall not be excused for unsatisfactory performance that may result from a stop work order for safety violations.

b. Safety Plan: The Contractor shall submit a comprehensive safety plan that is designed to prevent accidents for all the federal properties under this contract. The Contractor shall submit this plan within 7 calendar days prior to the contract start date. The plan shall meet or exceed all requirements of OSHA in addition to other requirements in the publications listed in Section

C.1, Applicable Publications. The Contractor shall ensure that safety equipment is utilized at all times. The installation, use or storage of any flammable, combustible, or hazardous materials shall be reviewed and approved by the GSA Regional Fire Protection Program Manager.

c. Safety Violations Reporting: The Contractor shall notify the COR or designee immediately of any safety violations or vehicle accidents.

d. Fire Prevention: The Contractor and employees shall be knowledgeable in the operation of fire alarms on the federal properties.

15. Indoor Storage of Containers Buildings containing flammables or reactive chemicals:

shall be identified with “Flammable” warning signs at each entrance and appropriate National

Fire Protection Association and International Fire Code labels and placarding. The use and or storage of combustible solids and or flammable liquids shall comply with the codes and standards of NFPA and IFC.

1) The storage of liquids shall not physically obstruct any means of egress from the building.

Flammable chemicals shall be stored sufficiently away from exits to ensure that a fire shall not obstruct egress.

2) All drummed chemicals stored at a facility shall be elevated from the floor by the use of pallets or shelves.

3) Chemicals shall be segregated by compatibility.

4) Adequate ventilation shall be available for flammable storage. Laboratory quantities of flammables shall be stored in vented, fireproof cabinets.

5) Chemical containers shall have bungs in place and be closed at all times other than when transferring material. Care shall be taken so that chemical containers are not allowed to vent vapors to the atmosphere.

6) Corrosives, organics, and oxidizers shall be separated by a minimum aisle space of three feet.

7) Adequate aisle space (minimum of three feet) shall be maintained between palletized drums to aid in leak detection. Drums shall not be stacked.

8) Only explosion-proof devices (e.g., electric heaters) are allowed for use in buildings containing flammables.

9) Fire extinguishers, size, type and location shall be installed at the storage location as determined by the GSA Regional Fire Protection Engineer, AHJ. This shall be the responsibility of the contractor.

a. Outside Storage of Containers: Outside storage areas shall be secured from unauthorized trespass or egress. Each area shall contain “No Trespassing” signs.

1) Containers holding flammable liquids shall not be stored.

16. Empty Containers: Drums that once contained chemicals are only considered empty when inverted and no liquids are released from the drum. Solid residues shall be physically removed and appropriately containerized before a drum is considered empty.

a. For shipping purposes, all containers shall meet Department of Transportation regulations.

b. Drums shall not be rinsed on-site.

17. Flammable and Combustible Gases: Containers holding flammable or combustible gases shall be stored in a well-ventilated area. Cylinders shall be secured and locked when not being transported. Precautions shall be taken to ensure that cylinders do not fall or lean over.

18. Loading/Unloading of Chemicals: Bulk chemical operations require that liquid material transfer take place at both storage and process areas. Transfer spills may occur as a result of the following: Material is spilled when transfer hoses are disconnected; material is forced out of tank vent lines during tank filling operations; an overflow during tank filling operations; leaks or ruptures in lines while in use; or leaks in pumps or pump seals. Transfer spills result due to improper supervision and control of liquids transferred and can be avoided by the implementation of good management systems and practices. The following precautions shall be adhered to:

a. Discharge lines leading from the loading/unloading manifold shall be labeled and color-coded to prevent accidental transfer of incompatible product into the incorrect vessel.

b. Loading areas shall be equipped with secondary containment.

c. Hose connections shall be equipped with one-way seals to limit back wash.

d. Trailers and storage units shall be grounded or bonded when transferring chemicals. Where large volumes of liquid are transferred regularly, a small pump and piping system may be necessary for the drip pan to allow pumping back large spills to a holding tank or storage facility.

19. Fire Protection

a. At a minimum, fire extinguishers shall be placed every 50 feet in strategic locations around chemical storage areas. The type of extinguisher used shall be chosen based on the type of chemical stored. All bulk chemical areas shall have extinguishers affixed near the storage unit and properly identified. The installations of sprinklers and foam units inside warehouses storing liquids may be warranted.

b. The installation, use or storage of any flammable, combustible, or hazardous materials shall be reviewed and approved by the GSA Regional Fire Protection Program Manager.

20. Vehicle/Transportation

a. Vehicle and Equipment Maintenance and Repair: The Contractor shall be responsible for accomplishing all vehicle and equipment maintenance and repair in a safe manner. The

Contractor shall not use solvents classified as hazardous substances in connection with this contract while on site.

b. Vehicles: The Contractor shall furnish all vehicles necessary to accomplish all work identified in this PWS. All Contractor-provided vehicles, equipment, maintenance and repair, parts, insurance, permits, licenses, etc., shall be the responsibility of the Contractor. All vehicle maintenance and repair shall be accomplished off site. The Contractor vehicles shall present a neat and clean appearance at all times.

c. Vehicle Identification: The Contractor vehicles shall have the name of the Contractor and the words “Grounds Maintenance” clearly shown on each side of the cab or vehicle. Vehicle identification may be accomplished by the use of magnetic placards, painted or stenciled lettering.

d. Vehicle Equipment: The Contractor shall furnish all vehicle equipment (cargo straps, netting, covers, railing, etc.) for the proper transporting and carrying of personnel, equipment, and supplies.

21. Materials: The Contractor shall furnish all materials and parts required in performance of this contract.

22. Special/Emergency Services: Reserved

23. Work Orders: The Contractor shall be responsible for responding to all work orders within unless otherwise agreed upon with the COR or designee.

24. Applicable Publications

a. General Primary publications and forms that apply to the PWS listed below. The publications and forms have been coded as mandatory or advisory. The Contractor is obligated to follow those publications and use those forms coded as mandatory to the extent specified in other sections of this PWS. The Contractor shall be guided by those publications or use those forms coded advisory to the extent necessary to accomplish requirements in this PWS.

b. Supplements or amendments to listed publications from any organizational level may be issued during the life of the contract. The Contractor shall immediately implement those changes that result in a decrease or no change in the contract price and notify the CO in writing of such change. Should a decrease in contract price result, the Contractor shall provide a proposal for a reduction in the contract price to the CO.

c. Before implementing any change that shall result in an increase in contract price, the

Contractor shall submit to the CO a price proposal within 30 calendar days following receipt of the change by the Contractor. The CO and the Contractor shall negotiate the change into the contract under the provisions of the base contract, FAR 52.212-4 Contract Terms and Conditions

Commercial Items paragraph (c) Changes. Failure of the Contractor to submit a price proposal within 30 calendar days following receipt of any change shall entitle the Government to performance according to such change at no increase in contract price (unless the time requirement is waived by the CO according to paragraph (c) of the above referenced Changes clause).

d. Listing of Applicable Publications:

APPLICABLE

PUBLICATION

TITLE DATE PORTION WEBSITE

General Technical

29 CFR 1910 General Industry Current All HTwww.osha-slc.gov/OshStd toc 1910.htmlTH

ANSI

Z133.1 and ANSI A300

Pruning Guidelines and Tree

Maintenance and

Safety Standards

Current All

R68. Agriculture and Food, Plant Industry.

Rule R68-6. Utah Nursery Act.

Utah Nursery Act Current All http://www.rules.utah.gov/publicat/code/r068/r068-006.htm

UPC Uniform Plumbing

Code

Current Irrigation

ANSI American National

Standards Institute

Current All HTwww.ansi.orgTH

ASTM American Society of Testing and

Materials

Current Irrigation piping HTwww.astm.orgTH

ASSE American Society of Sanitary

Engineering

Current Backflow

Preventio n

HTwww.asse-plumbing.orgTH http://slc.gov/OshStd http://www.rules.utah.gov/publicat/code/r068/r068-006.htm

ASAE American Society of Agricultural

Engineers

Current Irrigation HTwww.asae.orgTH

AWWA American Water

Works Association

Current Backflow preventio n and irrigation piping

HTwww.awwa.orgTH

Protection

41 CFR

101- 203

Rules and Regulations

Governing Buildings and

Grounds

Current AA

Hwww.access.gpo.gov/nara/cfr/waisidx

99/41cfrv2 99.htmlH

Safety Fire and Accident

OSHA General Industry Current All Hwww.osha-slcl.gov/OshStd toc/OSHA Std tod.

htmlH

ANSI/ASTM/ U L Industry Codes Current All

Hwww.ansi.orgH, Hwww.astm.orgH, Hwww.ulstandardsinfonet.ul.comH

NFPA Industry Codes Current All Hwww.nfpa.orgH

f. Accomplishing Tasks: The Contractor shall be bound to accomplish the tasks set forth in the

PWS and the references set forth in the PWS provided that:

1) Should there be a conflict between the PWS and reference set forth therein the PWS shall control.

2) Should there be a conflict among two or more such references, those coded mandatory by the PWS shall control over those coded advisory, between or among those similarly coded, those issued by higher authority shall control over those issued by a lower authority; and between or among those issued at the same level of authority, those with a later date of issue shall control over those with earlier dates of issue.

3) Non-delegable Discretionary Authority: Any task set forth in any set reference which shall call for the exercise of non-delegable discretionary Government authority shall be subject to the final approval of the Government official having such authority.

25. Gate Control Access: Some gate locations shall require badging to access at the Bennett

Federal Building and at the Ogden Federal building. These gates will require permits/badges.

Work directly with the COR and building managers to obtain the proper security access clearance for these activities. Unscheduled gate closures by GSA may occur at any time and personnel entering or exiting the sites may experience a delay. Privately owned vehicles of the Contractor’s personnel and company vehicles are subject to being searched pursuant to applicable regulations.

C.2 OBJECTIVES AND SCOPE

This contract is for Grounds Maintenance and Snow Removal services with a Performance-Based

Statement of Work (PBSOW) for Rocky Mountain Region 8, for the following buildings:

1- Wallace F. Bennett Federal Building, Salt Lake City UT http://hwww.access.gpo.gov/nara/cfr/waisidx http://slcl.gov/OshStd

2- Frank E. Moss US Court House 350 S Main Street Salt Lake City UT

3- US Courthouse for the Utah District, 351 S West Temple, Salt Lake City UT

4- James V. Hansen Federal Building, 324 25 th

ST, Ogden UT

5- Forest Service Building, 507 25 th

ST, Ogden UT

6- J. Will Robinson Federal Building, 88 W 100 N, Provo UT

7- IRS Building, 173 E 100 N, Provo UT

As a performance-based contract, the requirements are stated in terms of desired results with associated quality standards. The contract consists of one functional area: standard services (above standard services has been removed from this requirement).

Grounds Maintenance and Snow Removal services provided by the Contractor are arranged and oversight is provided through one or more of the following entities: GSA’s Regional Office, Service

Centers, Field Offices, or Local Offices. These entities represent the Property Management organizations that have been adopted by GSA’s regional leadership.

All references incorporated herein as Web sites (URL’s) are accurate as of March 2013, and may be subject to change by their web publisher. Web pages are provided to the Contractor for additional clarity.

A change to any Web site specified in this contract does not change or alter the contract objectives identified herein.

C.2.0 General Requirements

1. Furnish all personnel, labor, equipment, materials, tools, supplies, supervision, management, training/certifications, and services, except as may be expressly set forth as Government furnished, and otherwise accomplish all actions necessary to or incident to, perform and provide the work efforts described in the contract.

2. Ensure that their employees are properly trained, licensed and/or certified to operate necessary systems or equipment for which licensed and/or certified personnel are required by Federal, State, or local laws; codes, or ordinances.

3. Be responsible to make the management and operational decisions to meet the quality performance standards required under this contract.

4. Use innovation, technology and other means and methods to develop and perform the most efficient grounds maintenance and snow removal services for the facility.

5. Implement an effective Quality Control Plan (QCP).

6. Implement an effective service call system that results in prompt, professional, and courteous resolution of tenant concerns.

7. Keep the CO or their designee informed of current status of the work being performed, provide work schedules and provide other pertinent information needed by the CO or their designee.

8. Reduce the environmental impacts of work performed under this contract by using, to the maximum extent, environmentally sound practices, processes, and products.

9. Provide training/certifications for their employees that stress stewardship in grounds maintenance and snow removal practices i.e., the use, disposal and recycling of cleaning chemicals; and dispensing equipment and packaging. Current information on stewardship, training, educational materials and other issues can be found in ASTM E1971-05 or at the ASTM web site. Information on these items is also available on the web site: Stewardship for the

Cleaning of Commercial and Institutional Buildings (www.astm.org) and ISSA’s web site

(www.issa.com) http://www.astm.org/ http://www.issa.com/

C.2.1 Facility Information Data Sheet

The figures contained in the Facility Information Data Sheet are estimates. It is the Contractor's responsibility to notify the CO or their designee if it is believed that the information provided is incorrect.

Boundaries Appendix

C.3 Green Products

1. The Contractor is required to research and provide grounds maintenance and snow removal products to utilize industry best practices and guiding principles to minimize the Government’s

Environmental Footprint. This requires annual reporting of non-bio-based, bio-based, sustainable, and green products and materials.

2. The policy of GSA is to bring most, but not all, of its owned buildings into conformity with the most current and Government-accepted version of LEED for Existing Buildings (LEED-EB) current rating system by the U.S. Green Building Council (www.usgbc.org). The Bennett and Hansen building are currently LEED EB certified and the US Courthouse USDC is LEED Gold certified.

Any required documentation and practices shall be provided support of efforts to obtain LEED certification.

C.4. Green Purchasing Plan

C.4.0 Sustainable Products

1. The Contractor shall use green products, processes and equipment, and shall demonstrate such capability by submitting a green facility plan, to the CO or their designee that describes methods, materials, and equipment used under the contract. Green grounds maintenance and snow removal is a planned and organized approach to maintenance that is designed to protect the occupants and workers' health and reduce the impact on human health and the environment. All equipment must comply with LEED requirements.

2. The Contractor shall use safe and environmentally friendly products as referenced throughout this specification. Green products and processes include, but are not limited to bio-based products, products containing recycled content, environmentally preferable products and services, and otherwise environmentally friendly products and services that minimize the use of energy, water, and other resources. Chemical concentrates that require dilutions are preferable compared to ready-to-use products and should be used whenever possible. Dilution control equipment should be employed to ensure correct dilutions of concentrates and to protect workers from exposure to concentrated chemicals. Green products and processes shall be complaint with the Guiding

Principles for Sustainable Existing Buildings.

3. For categories of items that are EPA-designated (e.g. Comprehensive Procurement Guidelines

[CPG]) and USDA designated in the BioPreferred Program (visit http://www.biopreferred.gov/), and all other factors (such as price, performance, and availability) being equal, the Contractor shall select the CPG item. For other purchases, unless the Contractor receives an exemption from the

Contracting Officer, the Contractor shall select USDA designated products over products with other sustainable attributes. Products designated under Federal sustainable product programs –

USDA BioPreferred, EPA CPG, EPA Design for the Environment, and Department of Energy's

EnergyStar and FEMP - can be found on www.sftool.gov. Sustainable products designated under http://www.usgbc.org/ http://www.biopreferred.gov/), http://www.sftool.gov/ third-party programs include but are not limited to Green Seal

TM

and Environmental Choice. For those categories of product not recognized by one of the aforementioned standard’s, preference shall be given to products meeting the California Code of Regulations maximum allowable Volatile Organic Compounds (VOC) levels for the appropriate cleaning product category(California Air Resource Board/California Code of Regulations (CCR), Tile 17

CCR Section 94509 – (Topic cited; Standards for consumer products at www.calregs.com).

4. The Contractor shall also follow all applicable standard industry practices including, but not limited to those published by the National Institute of Building Sciences (NIBS), American Society of Testing Materials (ASTM), and applicable standards of the Environmental Protection Agency

(EPA).

C.4.1 Exemptions

If green products that meet the criteria above are (1) not reasonably available within a reasonable period of time; (2) fail to meet the performance standards set forth in the specification or fail to meet the reasonable performance standards of GSA; or (3) are available only at an unreasonable price, only then can the Contractor use other types of products after providing a written justification to the Contracting

Officer. In these cases the Contractor shall continue to use, to the extent possible, the safest and most environmentally friendly products. Exemptions can be granted to the Contractor only by the CO or their designee.

C.4.2 Proof of Compliance

The Contractor must, at all times during the performance of this contract, maintain a cut sheet or other documentation in compliance with Green purchasing requirements. The Contractor shall provide copies of such documentation to the CO or their designee upon request.

C.5 Standard Services

C.5.1 Interior Services RESERVED

C.5.2 Exterior Services

The Contractor shall be responsible for performing all required exterior services in accordance with the PWS at the beginning of the contract start date for the work items listed below.

1. Deficiency Report: Commencing on a mutually agreeable date no later than 7 calendar days after receipt of notice of award and continuing until no later than contract start date, the Contractor or designated representative(s) and the COR shall together make a complete and systematic initial inspection of all grounds and irrigation systems.

2. Purpose of the Deficiency Report: The purpose of this inspection shall be to discover and list all deficiencies that may exist in the areas covered by this contract prior to the contract start date.

If, during the course of the inspection process, a condition is observed that the Contractor contends is a deficiency but the Government contends it is not applicable, the final decision shall be made by the Contracting Officer after sufficient detailed information is presented both sides.

Only after resolution of the “dispute”, shall such an item be entered into or deleted from the report.

3. Contesting Deficiency Report: The Contractor may contest the Contracting Officer’s decision and file a claim in accordance with applicable regulations.

http://www.calregs.com/

4. Preparing the Deficiency Report: The Contractor or designated representative(s) and COR shall prepare an Existing Deficiency Report while the inspection is being conducted, on GSA provided forms, listing all deficiencies noted during the inspection. Each individual deficiency shall be listed separately. Each deficiency shall be signed when completed by the aforesaid representatives of both parties and each party shall retain one completely executed copy.

The Deficiency Report shall not contain any items that would be replaced, repaired or adjusted during the performance of normal basic maintenance services. The report shall also not contain any conditions that could be considered an enhancement to the existing equipment/system design or operation.

5. Submitting the Deficiency Report: Within 30 calendar days after the contract start date, the

Contractor shall prepare and submit to the COR a copy of the existing Deficiency Report with a detailed listing of the repairs needed to correct each deficiency and the Contractor’s price, (including labor, materials and markup, overhead and profit), for correcting each deficiency.

For those items or systems which were deferred, the Contractor shall submit a copy of the

Report with attached listing of required repairs and costs by a date specified by the COR, but no later than 30 calendar days after completion of the inspection. All prices shall remain firm for a period of 180 calendar days after submission. If the Contractor fails to furnish the report within the prescribed time frame, all payments will be withheld until a report is submitted and approved.

6. Repairing Deficiencies: The Government may correct deficiencies noted in the report, using such means as the CO and the COR deem appropriate. The Government may elect to have any or all of this work performed by this Contractor (at the price or prices quoted), or by other means.

The Contractor shall not correct any listed existing deficiency without the approval of the CO.

7. After the Deficiency is Completed: When the Government has corrected a deficiency listed in the Existing Deficiency Report, the Contractor shall assume full responsibility for normal operation, maintenance, and repair of the item, at no additional cost to the Government, EXCEPT when such maintenance or repairs are covered by a warranty or guarantee agreement, the terms of this clause will become applicable.

8. Deficiency Report Completion: Any and all deficiencies that are discovered after the contract start date shall be assumed to be conditions that developed after the contract start date (unless deferred), and therefore, shall not be termed “pre-existing” and the repair thereof shall be the full responsibility of the Contractor.

9. Deficiency Obligations: Nothing in this Existing Deficiency Clause shall be construed as diminishing the obligations imposed by this contract upon the Contractor to maintain any deficient item, to the maximum extent possible, or to treat any such item until such time as the

Government corrects the deficiency.

C.5.2.3 Performance Standards

The Contractor shall provide all resources, labor, tools, equipment, transportation, hauling away, disposal, training, supplies, materials, and oversight to ensure that quality and performance standards are successfully achieved.

C.5.2.4 Hard Surface Areas

Cleaning: All areas (sidewalks, brick areas, around light poles, hard surfaces, parking lots, surface parking, dock areas, moats, platforms, driveways, ramps, lanes, etc.) shall be clean and free of dirt, debris, gum, litter, gravel, weeds, oil, and grease. No residual dirt shall remain after the removal of the debris. Spill residues and clean-up materials shall be disposed of in accordance with the Environmental

Protection Agency (EPA), and State and local regulatory agency requirements.

C.5.2.5 Ash Urns and Trash Receptacles Debris Removal

The Contractor shall maintain a trash-free appearance throughout the federal properties. All solid waste/trash shall be collected and removed to a location designated by the CO or their designee.