IA02 PANMCC 006817 Railroad Maintenance PWS - Draft.pdf

PERFORMANCE WORK STATEMENT (PWS)

RAILROAD Co-use for Maintenance Contract 4 March 2024

Part 1

General Information Paducah and Louisville Railroad (PAL) shall, maintain Fort Knox rail lines in lieu of use for storage and switching as outlined in the Performance Work Statement below for a period of ten years, 1 Base plus 9 Option years. PAL shall, upon findings from track inspection performed by Fort Knox/COE, provide all general maintenance and repair to maintain the railroad system at Fort Knox. PAL shall perform all preventive maintenance, repair, and other services as required herein to meet operational safety and efficiency, thus allowing use of the railroad system at prevailing weight, speed, and traffic density. Repair and maintenance of the Fort Knox rail system shall be performed by qualified personnel, who meet the Army’s Rail Safety annual training requirement, in accordance with applicable laws, regulations, and documents in Contracting Sections, including Unified Facilities Criteria (UFC) 4-860-03, General Code of Operating Rules (GCOR) Publication, Technical Manual ™ 4-14.21 Rail Safety, National Electrical Code (NEC), UFC 3-550-07, AR-420-1, Volumes I and II of the American Railway Engineering and Maintenance-of-Way Association (AREMA) Manual, and Federal Railroad Administration (FRA) Standards (49 United States Code (USC) Section 21304), including FRA Standard

213.143. In cases of conflicting guidance, the UFC Supersedes FRA and AREMA, and the more stringent of the rest shall apply. Services above the general maintenance will be reimbursed per agreements made for those services. Note: When Storage Locations conflict with repairs or military use, other locations will be assigned for storage when track needs to be cleared for maintenance or inspection. Publications above are available on-line.

1. General: This is a non-personal service(s) contract under which the personnel rendering the service(s) are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to provide maintenance and repair of Railroad Track system for Fort Knox as defined in this Performance Work Statement (PWS) except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract

1.2 Background: The contractor shall provide maintenance and repair services for all Railroard Track work includes the maintenance, repair, repair by replacement and installation of all components, devices, equipment, and associated systems.

1.3 Scope: The Contractor shall provide non-personal service(s). PAL shall perform 100% of all maintenance, repairs, and replacement as necessary on track delineated for Storage and Switching in this Contract 3.66 miles. Reporting requirements shall be followed in Technical Exhibits provided. For the remaining Fort Knox track sections that PAL is not storing on 6.64 miles, they shall perform the tasks described herewith in on a recurring or scheduled basis and record the work under an approved Preventive Maintenance Order (PMO). If a requirement for further work is identified during the performance of scheduled inspections or maintenance, the PAL shall submit the request to the COR and may be required to accomplish such work upon receipt of an approved Project Work Order (PWO). Scheduled task frequencies that apply to this Contract are presented in TE 01 REQUIRED SCHEDULED TASKS and Bid Tab. A Fort Knox RR Inspector will work with P&L to determine the UFC standards are being followed.

PAL shall perform railroad maintenance for all railroad components on the Installation. Railroad components covered under this Contract include, but are not limited to:

• Roadbeds and ballast

• Ties and tie plates

• Rails and rail fastenings, joints, and anchors

• Gauge rods

• Turnouts

• Road crossings

• Signs and traffic and safety devices

• Vegetation

1.4 Objectives: The objective of this contract is to provide complete and full preventive maintenance and repair on Railroad Track at Fort Knox, KY. Preventive maintenance includes all routine service, and maintenance in accordance with UFC 4-860-03. Contractor shall perform, coordinate, and complete the requirements of the contract in cooperation with any other contractors or trades performing work at Fort Knox, KY promptly and diligently as required by the standards of this contract.

1.5 General Information:

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

The Contractor’s Proposed QCP shall be submitted to the Contracting Officer (KO) through the Contracting Officer’s Representative (COR) for review within 10 days after date of contract award A001

The Government will review and either notify the Contractor in writing of acceptance of the plan or return their comments to the Contractor within 10 days If the Government has provided comments, the Contractor shall then have 10 days to submit a Final QCP. After receipt of the Final QCP, the Contractor may receive the Contracting Officer’s acceptance in writing. Any proposed changes to the accepted QCP are required to be resubmitted for acceptance by the Contracting Officer no later than 10 days prior to the anticipated change and before implementation by the Contractor. The timeline noted above will apply for review and acceptance for proposed changes. At a minimum, the QCP must include and answer the following to be acceptable:

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

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

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

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

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

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

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

(h) How the Contractor will file and save all Quality Control related documents for the life of the contract plus 5 years.

1.5.1.1 An Analysis of Quality Control and Timeliness of Submittals (i.e. deliverables) shall be provided to the COR within 10 days upon completion of each option period or Task Order A002.

1.5.1.2 The Contractor shall inform the COR of issues or potential issues that might affect the performance within 2 hours of identifying those issues. Verbal reports shall be followed up by written reports within 3 days A003.

1.5.2 Quality Assurance: The Government will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP).

This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the acceptable quality levels (performance thresholds).

1.5.3 Recognized Holidays: The following provides information on recognized holidays for the purpose of the PWS. If submittal of any documentation (e.g. deliverables, submittals, etc.) deadlines fall on a holiday, the closest work day prior to the holiday will apply as the deadline for submittal.

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

New Year’s Day First day of January (or observed) Martin Luther King, Jr. Birthday Third Monday of January Presidents Day Third Monday of February Memorial Day Last Monday of May Junetheenth 19th day of June(or observed) Independence Day Fourth day of July (or observed) Labor Day First Monday of September Columbus Day Second Monday of October Veterans Day 11th day of November (or observed) Thanksgiving Day Fourth Thursday of November Christmas Day 25th day of December (or observed)

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

Please refer to the following.

1.5.4.1 Government Facility Office Hours: The Government facility office hours are 0700 to 1630, and days Monday through Friday except U.S. Holidays identified in paragraph 1.5.3.1 above or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.5.4.2 Contractor Support Hours: The Contractor shall provide support between the hours of 0700 to 1630, the days Monday through Friday The Contractor shall maintain an adequate workforce at all times, for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce is essential.

1.5.4.2.1 Contractor Work Plan: The Contractor shall prepare and maintain a Work Plan. The plan, as a minimum, shall identify regularly scheduled work (to include location, work to be completed, timeline, etc.The Contractor’s proposed

Work Plan shall be submitted to the Contracting Officer via the COR for review within 5 days after date of contract award A004. The Government will review and either accept or return their comments to the Contractor within 10 days. The Contractor shall then have 3 days to submit a Final Work Plan. Any proposed change to the accepted Final Work Plan is required to be resubmitted via the COR for review and acceptance by the Contracting Officer at a minimum thirty (30) days prior to implementation. The timeline noted above shall apply for review and acceptance for proposed changes.

1.5.5 Training Holidays: Reserved

1.5.6 Place of Performance: The work to be performed under this contract will be performed at Fort Knox, KY.

1.5.7 Security Requirements: The following information is provided on security related matters.

1.5.8 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.

The Contractor shall return installation passes to the issuing IACS office when the contract is completed or when a Contractor employee no longer requires access.

1.5.8.1 Installation Pass Log: Reserved

1.5.8.2 Individual Termination or Expiration of Employment: Reserved

1.5.8.3 Contract Termination or Cancellation: Reserved

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

1.5.9 Background Checks: Reserved

1.5.9.1 U.S. Citizen: Reserved

1.5.9.2 Local Nationals and Third Country Nationals: Reserved

1.5.10 Physical Security: Reserved

1.5.11 Operations Security (OPSEC) Requirements: Contractor personnel shall adhere to facility security policies and restrictions. The Contractor shall immediately report suspicious activities to security personnel.

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

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

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

1.8 Key Personnel: The following personnel are considered key personnel by the Government: The Contractor shall provide a Program/Contract Manager who shall be responsible for the performance of the work. The name of this person and an Alternate Program/Contract Manager, who shall act for the Contractor when the Program/Contract Manager is absent, along with a Curriculum Vitae (CV) for each of these individuals, shall be provided in writing to the Contracting Officer no later than 3 days. The Contract Manager and Alternate Contract Manager shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Contract Manager or Alternate Contract Manager shall be available between 0700 to 1630, Monday thru Friday.

Qualifications for all key personnel are listed below:

a. Contract Manager and Alternate Contract Manager: The Contractor shall provide a CM who is responsible for the performance of the work. The CM shall have full authority to act for the Contractor on all contract matters relating to daily operation of the contract. The CM shall have a baccalaureate degree from an accredited College or University and five (5) years of experience in base support management or a contract similar in scope and breadth to this solicitation. The name of the CM shall be provided by the Contractor to the KO and COR with resume within 5 Business Days after Contract Award. A005 In the circumstances when the CM is not available, the Contractor shall designate an alternate who can perform the same duties during the absence of the CM.

The name of this person and an alternate who shall act for the Contractor when the manager is absent shall be designated in writing to the to the KO and COR within 5 Business Days after Contract Award. A006. The PM or alternate shall be available 24/7/365 including Federal holidays. The PM shall be available between 0700 - 1630 hours, Monday through Friday except Federal holidays or when the Government facility is closed for administrative reasons. The PM and any individuals designated as key personnel shall be able to understand, speak, read, and write the English language.

b. Quality Control Manager: The Contractor shall provide a QCM who is responsible for the performance of the work. The QCM shall have full authority to act for the Contractor on all contract matters relating to daily operation of the contract. The QCM shall have Ten 10 years of experience working with FRA regulations repairing and maintaining Railroad Track. The name of the QCM shall be provided by the Contractor to the KO and COR with resume within 5 Business Days after Contract Award. A007 In the circumstances when the QCM is not available, the Contractor shall designate an alternate who can perform the same duties during the absence of the QCM. The name of this person and an alternate who shall act for the Contractor when the manager is absent shall be designated in writing to the to the KO and COR within 5 Business Days after Contract Award.

A008 The PM or alternate shall be available 24/7/365 including Federal holidays.

The PM shall be available between 0700 - 1630 hours, Monday through Friday except Federal holidays or when the Government facility is closed for administrative reasons. The PM and any individuals designated as key personnel shall be able to understand, speak, read, and write the English language.

c. Systems Administrator: Reserved

d. Special Qualifications: Reserved

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

1.12.1 Contractor workspace: Reserved

1.12.2 Contractor Identification Badges: Contractor personnel shall be easily identifiable through the display of badges IAW Contractor Identification (AE Reg. 27-715). The contractor shall provide each employee a contractor/subcontractor identification (ID) card and an ID badge on contract start date or on employment start date. ID card format shall be approved by the KO and include, at a minimum, a badge number, date issued and expiration date (not to exceed the end of the final option period), employee’s name, contractor or subcontractor’s name, functional area of assignment, and photograph. ID cards for key personnel shall also indicate their job titles. The ID badge shall, as a minimum, have the employee’s name and name of the contractor or subcontractor. The ID badge shall be a minimum of three inches long by two inches high, with 1/8-inch lettering. A combination ID card and ID badge may be utilized if it can be worn on the employee’s outer garment.

1.13 Contractor Travel: Reserved

1.14 Other Direct Costs (ODCs): Reserved

1.15 Data Rights: Reserved

1.16 Non-Disclosure Requirements: Performance under this contract may require the Contractor to access data and information proprietary to a Government agency, another Government Contractor, or of such nature that its dissemination or use other than as specified in this work statement would be adverse to the interests of the Government or others. The Contractor and Contractor personnel, shall not divulge or release data or information developed, or obtained under performance of this PWS, except to authorized Government personnel or upon written approval of the Contracting Officer. The Contractor shall not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as specified in this PWS. All documentation showing individual names or other personal information shall be controlled and protected under the provisions of the Privacy Act of 1974, Public Law 93-579, 5 United States Code (U.S.C.) Section 552a.

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

1.18 Non-Disclosure Statements: Reserved

1.19 Organizational Conflict of Interest (OCI): Reserved

1.20 Phase In /Phase Out Period: To minimize decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on board, during the thirty 30 day, sixty 60 day phase in/ phase out periods. During the phase in period, the Contractor shall become familiar with performance requirements in order to commence full performance of services on the contract start date.

1.21 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.

1.21.1 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:

1.21.2 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.

1.21.3 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.

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

1.21.5 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.

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

1.21.7 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.

1.21.8 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.

1.21.9 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.

1.21.10 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.

1.21.11 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.

1.21.12 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

1.21.13 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.

1.21.14 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

1.21.15 Monthly Inspection Report: Reserved

1.21.16 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.

1.21.17 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.

1.21.18 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.

1.21.19 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.

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

1.21.21 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.

1.21.22 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

1.21.23 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.

1.21.24 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.

1.21.25 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. A016 Emergency medical treatment and services for contractor personnel is the responsibility of the contractor.

1.21.1.3 Reserve

1.22 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.

1.22.1 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.

1.22.2 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.

1.22.3 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.

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

1.22.4.1 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.

1.22.4.2 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.

1.22.4.3 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.

1.22.5 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.

1.22.6 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. The DPW EMD will arrange for disposal/transport of the packaged contaminated material as required by Federal, State and local environmental laws and regulations.

1.22.7 Hazardous Waste: The Installation is regulated by the state as a large quantity generator of hazardous waste. The Installation operates a less than 90-day Hazardous Waste Storage Facility with one EPA ID number. This is in accordance with the RCRA of EPA. All RCRA hazardous waste are defined in 40 CFR 260 and 401 KAR, Chapter 31 and are subject to the provisions of the Fort Knox Hazardous Waste Management Plan. All RCRA waste generated by the contractor on the Installation from processes, equipment, or materials shall be stored in containers approved for shipment according to 49 CFR (Department of Transportation Regulations) and disposed of in accordance with RCRA and the Environmental Management Division’s Hazardous Waste Plan.

The Contractor will ensure that all hazardous wastes generated at the work site are properly stored in a pre-approved location designated by the EMD Hazardous Waste Manager; the contractor in accordance with applicable State and Federal Standards shall dispose of all non-RCRA hazardous waste generated by the contractor. The contractor shall coordinate with the Installation DPW EMD Hazardous Waste Manager regarding the shipment of any hazardous waste off the Installation. All Hazardous waste and universal waste disposal shall be coordinated through DPW EMD. The contractor shall provide copies of all shipping documents to DPW EMD Hazardous Waste Manager. The Installation Environmental Hazardous Waste Manager or alternate shall sign all Hazardous Waste manifests that use the Fort Knox EPA ID number.

1.22.8 Universal Waste: Contractor shall manage batteries (lithium and NiCad), fluorescent lamps, and mercury bearing lamps or devices in accordance with 40 CFR 273 through collection, containerization, and recycling. The contractor shall arrange through the EMD Hazardous Waste Manager for packaging and disposal of batteries, mercury and fluorescent lamps. The contractor shall make contact with EMD prior to initiation of contract and provide EMD with an estimated inventory of universal waste expected to be generated.

1.22.9 Protection of Endangered Species: Due to the potential for harm to the Federally Endangered Indiana Bat and the Northern Long-eared bat, removal of trees 3- inches in diameter at breast height shall be conducted between the 15th of October and 31st of March of each year.

The Contractor shall coordinate with the Natural Resources Branch, Environmental Management Division Building 9297, prior to removal of trees during any time of the year. If Contractor encounters bats, bats are not to be molested or disturbed and the contractor shall contact the Natural Resources Branch at 502-624- 7368.

1.22.10 Green Procurement: The Federal Green Purchasing Program requires that each Contractor give preference in their procurement and acquisition programs to the purchase of:

1.22.10.1 Energy Star® products identified by Department of Energy (DOE) and EPA, as well as FEMP-designated energy-efficient products (Reference FAR 23.203(a)).

1.22.10.2 Water-efficient products, including those meeting EPA’s Water Sense standards, pursuant to the water efficiency goals set forth in EOs 13423 & 13514.

1.22.10.3 Energy from renewable sources.

1.22.10.4 Bio-based products designated by the U.S. Department of riculture in the Bio- Preferred program. Bio-based product information is available on the USDA website: http://www.biopreferred.gov/PurchasingBiobased.aspx or http://www.biopreferred.gov

1.22.10.5 Environmentally Preferable Products and Services, including Electronic Product Environmental Assessment Tool (EPEAT)-registered electronic products.

1.22.10.6 More detailed information about EPEAT-registered computers can be found at: http://www.epeat.net

1.22.10.7 Eliminate or reduce the generation of hazardous waste and the need for special material processing (including special handling, storage, treatment, and disposal).

1.22.10.8 Products with low or no toxic or hazardous constituents.

1.22.10.9 Non-ozone depleting substances, as identified in USEPA’s Significant New Alternatives Program.

Fort Knox recommends that all Contractors visit the EPA website and complete the EPA Green Purchasing Training Program. This program will provide excellent information about the Contractors responsibilities for Green Procurement and Purchasing in conjunction with contract bids.

http://www.energyworkshops.org/Green_Purchasing_Training/

1.22.11 Cultural Resource: The Contractor shall comply with the requirements of the National Historic Preservation Act, the Archaeological Resources Protection Act, Army Regulation (AR) 200-1 (Environmental Protection and Enhancement) and DA PAM 200-4 (Cultural Resources Management). All ground-disturbing activities shall be cleared by the Environmental Management Division (EMD) Cultural Resources Management (CRM) office, Building 9297. A 30-meter (99 feet) buffer shall be maintained between ground- disturbing activities, known archaeological resources, and historic cemeteries. If archaeological resources or human skeletal remains are encountered, all work in the vicinity of the discovery shall cease immediately and EMD/CRM must be notified.

All projects that affect buildings within the Fort Knox Cantonment Historic District or any building 50 or more years old shall be cleared by EMD/CRM. Projects that have the potential to affect historic properties may require consultation with the Kentucky State Historic Preservation Office (SHPO). The consultation process requires at least 30 days, so Contractors are encouraged to provide notification to EMD/CRM sufficiently in advance to allow for timely resolution of potential regulatory issues.

1.22.12 Storm Water Protection: The Contractor shall protect storm drains, streams, lakes, and wetlands from sediment discharges caused by the contractor's activities. The contractor shall maintain compliance with the requirements in Fort Knox’s Kentucky Pollution Discharge Elimination System (KPDES) permit and Fort Knox’s Storm Water/Groundwater Pollution Prevention Plan (SWGPP). Copy of KPDES permit and SWGPP can be obtained through the DPW Environmental Management Division (EMD).

1.22.13 Interface with Environmental Regulatory Agencies: The DPW EMD serves as the single point of contact with environmental regulatory agencies. All permit applications, mandatory notification requirements, mandatory reports, and proof of compliance actions required of the Installation shall be submitted to regulatory agencies through the DPW EMD. Consequently, the contractor shall submit copies of all information required of the contractor by regulatory agencies to the DPW EMD.

1.22.14 Citations: Citations and violation notices issued by regulatory authorities against government-owned, contractor-operated facilities in noncompliance with environmental laws and regulations will be resolved between the KO and the issuing office of the affected Federal, State, or local environmental agency.

1.22.15 Payment: Payment of fines or penalty charges associated with violations will be paid to the government. If the citations are issued due to faulty operation or maintenance through no fault of the government, the KO will determine contractor liability and deduct fines from any monies due the contractor.

1.22.16 Contract Action for Negligence: Fines or penalty charges, assessed to the contractor, associated with citations issued by Federal, State, or local officials for faulty or negligent operation or maintenance practices by the contractor; do not limit the government's right to other contract action.

1.22.17 DPW EMD Required Reports: The contractor shall submit the following reports to DPW EMD. The government will provide specific report formats.

1.22.17.1 Storm…