PERFORMANCE WORK STATEMENT - PSM Training Project.docx

PERFORMANCE WORK STATEMENT (PWS)

JMC-2024 Process Safety Management Training Project

Part 1

General Information

1. GENERAL: This is a services contract to provide Advanced Process Safety Management – PSM II training, Process Safety Management – PSM Auditing training, and a section on Executive PSM to select personnel assigned to the US Army Joint Munitions Command (JMC), herein referred to as “the agency”. The contract includes instructor led training for both courses, an executive PSM section, and course materials. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Vendor who, in turn is responsible to the Agency. The contractor will hereby be referred to as “the Vendor”. All times stated herein will be in Central Standard Time (CST).

1.1 Description of Services/Introduction: The vendor shall provide all personnel, course materials, and other items and non-personal services to perform the instructor led Advanced Process Safety Management – PSM II training and Process Safety Management – PSM Auditing training to select personnel assigned to the US Army Joint Munitions Command (JMC) and a optionally priced section on Executive PSM to JMC leadership as defined in this Performance Work Statement except for those items specified as government furnished property and services. The Vendor shall perform to the standards in this contract. The Advanced Process Safety Management - PSM II (EST 7129P) course and the Process Safety Management – PSM Auditing (EST 7130P) offered to JMC will be similar to the courses offered at GA Tech and will count for credit at GA Tech towards the PSM Certificate program.

1.2 Background: During Process Safety Management applicability and full assessments it was discovered that personnel at the sites and Headquarters do not have sufficient knowledge on Process Safety Management to comply with the OSHA Standard and the requirements in AR 385-10 for Process Safety Management. JMC HQ and site professionals shall hereby be referred to as “the Participants”. The Process Safety Management Point of Contact at JMC HQ initiated the Army Design Methodology to examine and explore courses of action (COA) and presented them to the JMC Safety Chief, upon which they received approval for this recommended course of action (COA).

1.3 Objectives: The project has five (5) requirements for service that the Vendor must provide:

1.3.1. Provide an instructor led Advanced Process Safety Management – PSM II course. The course shall be able to provide the knowledge base necessary to create and implement an effective Process Safety Management program at JMC sites and shall count towards the GA Tech PSM Certificate for the Advanced PSM II training requirement. The course will be provided to 25 participants and can be held virtually or in person at GA Tech or at Rock Island Arsenal.

1.3.2. Provide an instructor led Process Safety Management – PSM Auditing course. The course shall be able to provide the knowledge base necessary to audit a PSM program and auditing methodology. The course shall count towards the GA Tech PSM Certificate for the PSM Auditing training requirement. The course will be provided to 25 participants and can be held virtually or in person at GA Tech or at Rock Island Arsenal.

1.3.3. Provide course materials through email or online access as required to be successful in the training course at least 3 business days before the course starts. The course materials will help participants with competencies and attributes related to Process Safety Management.

1.3.4. The intended end-state of the project is for the participants to use the knowledge they have gained in the instructor led Advanced Process Safety Management course to fully implement an effective Process Safety Management program that is compliant with OSHA 29 CFR 1910.119 and AR 384-10 for the Process Safety Management requirements.

1.3.5. Provide an optionally priced Executive PSM section to JMC Leadership during either the Process Safety Management – PSM Auditing course or the Advanced Process Safety Management – PSM II course.

1.4 Scope: The Vendor will provide an instructor led Advanced Process Safety Management – PSM II training course, Process Safety Management – PSM Auditing training course, and a optionally priced section on Executive PSM to facilitate the growth and development of JMC personnel and leadership. Services include: The Vendor will provide course materials. The Agency will provide the Vendor with a list of the email addresses for each participant. Once a training has been completed, the Vendor will provide a course certificate for each course showing that the training has been completed. The Vendor shall accomplish the requirements of this PWS in accordance with applicable local state and federal statutes.

1.5 Period of Performance (PoP): The PoP shall be for 365 days. The PoP reads as follows:

Date of award plus 364 days

1.6 General Information

1.6.1 Quality Control: The Vendor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The Vendor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Vendor’s quality control program is how they can assure their work complies with the requirements of the contract.

1.6.2 Quality Assurance: The government shall evaluate the Vendor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the Vendor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.3 Recognized Holidays: The Vendor will not be required to perform any services on recognized holidays.

1.6.4 Hours of Operation: The Vendor is responsible for conducting business, between the hours of 0800 – 1700 hrs CST Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings..Other than firm fixed price contracts, the Vendor will not be reimbursed when the government facility is closed for the above reasons. The Vendor must at all times maintain an adequate workforce 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 Vendor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.5 Place of Performance: The work to be performed under this contract will be performed virtually. Work can be communicated to the Agency via electronic media, i.e., telephone, email, virtual transmission media (WebEx, MS Teams, etc.) for key personnel who cannot attend in person.

1.6.6 Type of Contract: The government will award a fix priced contract.

1.6.7 Security Requirements: N/A

1.6.7.1 PHYSICAL Security: The Vendor shall be responsible for safeguarding all government equipment, information and property provided for Vendor use.

1.6.7.2 Key Control: N/A

1.6.7.3 Lock Combinations: N/A

1.6.8 OPSEC: N/A

1.6.9 Post Award Conference/Periodic Progress Meetings: The Vendor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the Vendor to review the Vendor's performance. At these meetings the contracting officer will apprise the Vendor of how the government views the Vendor's performance and the Vendor will 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. All meetings will be held virtually via MS Teams. The Agency will provide the link for each meeting.

1.6.10 Contracting Officer Representative (COR): The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Vendor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Vendor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Vendor's performance and notifies both the Contracting Officer and Vendor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Vendor personnel. A letter of designation issued to the COR, a copy of which is sent to the Vendor, 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.

1.6.11 Key Personnel: The following personnel are considered key personnel by the government and should possess the qualifications listed:

1.6.11.1 The Vendor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the Vendor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the Vendor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 8:00 a.m. to 4:30p.m, Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons.

1.6.12 Identification of Vendor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their Vendor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by Vendors are suitably marked as Vendor products or that Vendor participation is appropriately disclosed.

1.6.13 Vendor Travel: Vendor travel is N/A since the courses will be held virtually.

1.6.14 Other Direct Costs: N/A

1.6.15 Data Rights: The Government has limited rights to all documents/material produced under this contract. All documents and course materials produced under this contract shall allow the Government to use the material including the use of all rights and privileges of ownership/copyright. These documents and materials that are part of the standard Georgia Institute of Technology course may be used by the Vendor without written permission from the Contracting Officer. All materials supplied to the Government can be used by the Government. This right does not abrogate any other Government rights.

1.6.16 Organizational Conflict of Interest: Vendor and sub-Vendor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Vendor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Vendor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Vendor from participation in subsequent contracted requirements which may be affected by the OCI.

1.6.17 PHASE IN /PHASE OUT PERIOD: Non-applicable.

1.6.18 AGENCY POINT OF CONTACT (POC): The Agency POC will be Cameron Baker, Email: cameron.m.baker17.civ@army.mil, Phone: 309-782-0743.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. VENDOR. A supplier or Vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the primary service provider.

2.1.2. AGENCY. The US Army Joint Munitions Command

2.1.3. PARTICIPANTS. All employees of the Agency in the grades GS 12 through GS 15 who are selected to participant in the Advanced PSM course.

2.1.4. JMC Leadership. Includes those at JMC HQ, higher headquarters, and JMC sites who have been selected to complete the Executive PSM training section.

2.1.5 CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.6. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Vendor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.7. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.8. DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.9. KEY PERSONNEL. Vendor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.10. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.11. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Vendor are performed according to acceptable standards.

2.1.12. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of Vendor performance.

2.1.13. QUALITY CONTROL. All necessary measures taken by the Vendor to assure that the quality of an end product or service shall meet contract requirements.

2.1.14. SUBVENDOR. One that enters into a contract with a prime Vendor. The Government does not have privity of contract with the sub-Vendor.

2.1.15. WORK DAY. The number of hours per day the Vendor provides services in accordance with the contract.

2.1.16. WORK WEEK. Monday through Friday, unless specified otherwise.

2.1.17. PROCESS SAFETY MANAGEMENT. Regulation promulgated by the Occupational Safety and Health Administration (OSHA) to help organizations avoid mishandling or releasing highly hazardous chemicals.

2.1.18. GEORGIA INSTITUTE OF TECHNOLGY. Educational vendor who will provide the PSM training.

2.2. ACRONYMS:

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: The Government will provide the names and email addresses of the participants.

3.2 Facilities: The Government will provide IT media service to conduct the trainings for the Advanced Process Safety Management – PSM II course, the Executive PSM section, and the Process Safety Management – PSM Auditing course. This includes the US Army MS Teams links to conduct the trainings over the Army enterprise IT network. The government will also provide the training location and temporary badging to personnel to conduct the training on Government property.

3.3 Utilities: N/A

3.4 Equipment: N/A

3.5 Materials: N/A

PART 4

VENDOR FURNISHED ITEMS AND SERVICES

4. VENDOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The Vendor shall furnish all supplies and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.2 Secret Facility Clearance: N/A

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services. The Vendor shall provide services for an Advanced instructor led PSM course as well as a section on Executive PSM for JMC leadership.

5.2. Tasks.

5.2.1. The Agency will issue a message to the participants for the Advanced Process Safety Management – PSM II training course and the Process Safety Management – PSM Auditing course. Participants will be directed to create an account within Georgia Institute of Technology to create a record of taking the training so they can get credit towards the PSM Certificate if they choose to pursue it. This step may or may not be required per GA Tech.

5.2.2. Upon receipt of all the participants selected to participate in the Advanced Process Safety Management – PSM II training course and the Process Safety Management – PSM Auditing course, SFS will provide the rosters in electronic format to the Vendor and all participants of the courses via email. The courses will be held virtually through MS Teams or similar technology programs such as WEBEX or other avenues.

5.2.3. Upon receipt of the participants chosen for the Executive PSM section, The Agency will send out a MS Teams link or by utilizing other software such as WEBEX, Skype, etc for the Executive training.

5.2.4. The Vendor shall provide course material for the Advanced Process Safety Management – PSM II training course and the Process Safety Management – PSM Auditing course either in paper format in a binder or electronically.

5.2.5. SFS will work with the vendor to schedule the trainings so it is coordinated with the JMC Master Calendar so as not to conflict with other major command directed events for the optionally priced Executive PSM Training.

5.2.6. SFS will communicate the scheduled training dates and times to the Vendor and provide MS Teams links or through similar software via Outlook invites or other methodology for the Executive PSM section of the training.

5.2.7. The vendor will send out an email about the course regarding information on it at least 2 weeks prior to the start date for the Advanced Process Safety Management – PSM II training course and the Process Safety Management – PSM Auditing course.

5.2.8. G-1 will enter the Advanced Process Safety Management – PSM II training course and the Process Safety Management – PSM Auditing course into the Total Employee Development (TED) learning management system. Class size will be limited to 25 attendants per course. The optionally priced Executive PSM Training will have no attendants cap.

5.2.9. G-1 will enter the Executive PSM training into the Total Employee Development (TED) learning management system. Class size will not be limited.

5.2.10. The Vendors performance will be complete upon the conclusion of all the trainings.

5.3. VENDOR MANAGEMENT REPORTING (CMR): Non-applicable

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

6.1. The Vendor must provide training that reflects the PSM requirements of OSHA.

6.1.1. AR 385-10, July 2023

6.1.2. 29 CFR 1910.119, February 1992

6.1.3. CPL 02-01-065, January 2024

6.1.4. DA PAM 385-64, July 2023

6.2 The Vendor must abide by all applicable regulations, publications, manuals, and local policies and procedures.

6.2.1. AR 25-2 Cyber Security, 4 April 2019

6.2.2. AR 530-1 Operations Security, 26 September 2014

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. Attachment/Technical Exhibit List:

7.1. Attachment 0001/Technical Exhibit 1 – Performance Requirements Summary

7.2. Attachment 0002/Technical Exhibit 2 – Deliverables Schedule

7.3 Attachment 0005/ AR 25-2 Cyber Security, 4 April 2019.

7.4 Attachment 0006/ AR 530-1 Operations Security, 26 September 2014.

TECHNICAL EXHIBIT 1

Performance Requirements Summary The Vendor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success, they must be performed to prevent mission failure.

Performance Objective (The Service required—usually a shall statement)

Method of Surveillance

PRS # 1

The vendor shall provide course materials to the participants for the Advanced Process Safety Management – PSM II course.

5.2.4 The materials provided will be the same as the Advanced Process Safety Management - PSM II (EST 7129P) offered at GA Tech.

The material provided will be similar to the material presented in the class and be sent to 100% of the 25 participants.

The Agency will send an inquiry to a 20% random sample of selected personnel to ensure course materials were received.

PRS # 2

The vendor shall provide course materials to the participants for the Process Safety Management – PSM Auditing course.

The material provided will be similar to the material presented in the class and be sent to 100% of the 25 participants.

The Agency will send an inquiry to a 20% random sample of selected personnel to ensure course materials were received.

PRS # 3

The vendor shall send out an email about the course regarding information on it at least 2 weeks prior to the start date for the Advanced Process Safety Management – PSM II training course and the Process Safety Management – PSM Auditing course to the participants.

5.2.3 5.2.5 5.2.6 5.2.7

PRS # 4

The vendors performance shall be complete upon the conclusion of the Advanced Process Safety Management – PSM II training course, the Process Safety Management – PSM Auditing course, and the optionally priced Executive PSM trainings.

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

CRDL#A001.

The vendor shall complete the Advanced Process Safety Management – PSM II training course, the Process Safety Management – PSM Auditing course, and the optionally priced Executive PSM trainings.

One (1) copy of a completion certificate for each participant to the Advanced Process Safety Management – PSM II course and another for the Process management – PSM Auditing course. N/A for the Executive PSM course.

The final certificates shall be mailed to each participant.

Each Participant to the mailing address they put down in their information to GA Tech.