PWS_Badger Flow Meters_rev1_NotRedacted.docx
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- Badger Flow Meters
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- W911N2-26-Q-YYZZ
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This Performance Work Statement (PWS) details preventive maintenance and emergency repair services for flow meter systems at Letterkenny Army Depot (LEAD) in Chambersburg, Pennsylvania. The contract requires quarterly inspections and maintenance of specific flow meters in Building 360, including two Endress + Hauser Prosonic S ultrasonic flowmeters, a Badger Model 2500 Ultrasonic Level Sensor, a Eurotherm Chessell Chart Recorder, a Siemens Flow Meter, and a McCrometer Ultra Maglow Flow Meter. The contractor must respond to emergency repairs within 24 hours and provide repair quotes before commencing work.
The contract period spans one base year and four option years, running from 13 November 2025 to 12 November 2030. The contractor must be certified for confined space entry, possess required licenses for maintaining the specified equipment, and comply with extensive safety regulations including OSHA, DoD, Army, and Letterkenny Army Depot safety requirements. Key responsibilities include performing quarterly preventive maintenance, emergency repairs, providing service reports, and submitting annual manpower reporting. Performance will occur at the Industrial Wastewater Treatment Plant and Groundwater Treatment Plant, with work hours typically between 0630-1600, Monday through Friday, excluding recognized US holidays.
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PERFORMANCE WORK STATEMENT (PWS)
FOR
Preventive Maintenance & Emergency Repair of Flow Meter Systems
1.0 General:
1.1 Scope: The contractor shall provide all personnel, equipment, tools, materials, supervision, quality control and other items and non-personal services necessary to perform preventive maintenance and repair services to Flow Meter Systems located at the Industrial Wastewater Treatment Plant and the Groundwater Treatment Plant as defined in this PWS, except as specified in Paragraph 3.0 as Government Furnished. The contractor shall perform to the standards in this contract.
1.2 Background: The meters are located in the Industrial Wastewater Treatment Plant and regulate the plant to keep it within the environmental standards.
1.3 Period of Performance (PoP): The Period of Performance shall be one Base Year of twelve (12) months and four (4), twelve (12) month option years. The Period of Performance reads as follows:
1.3.1 Base Year: 13 Nov 25 to 12 Nov 26
1.3.2 Option Year One: 13 Nov 26 to 12 Nov 27
1.3.3 Option Year Two: 13 Nov 27 to 12 Nov 28
1.3.4 Option Year Two: 13 Nov 28 to 12 Nov 29
1.3.5 Option Year Two: 13 Nov 29 to 12 Nov 30
1.4 General Information:
1.4.1. Quality Control (QC): The contractor shall develop and maintain an effective QC program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s QC program is the means by which it assures itself that its work complies with the requirements of the contract. As a minimum, the contractor shall develop QC procedures that address the areas identified in Technical Exhibit 1, Performance Requirements Summary. After acceptance of the QC Plan, the contractor shall obtain the KO’s (KO) acceptance in writing of any proposed changes to its QC system.
1.4.2. Quality Assurance (QA): The Government shall 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 acceptable quality level(s) (defect rate(s)).
1.4.3. Recognized Holidays: The following are recognized US holidays and the date for each can be found at the following website: The contractor shall not perform services on these days:
1.4.3.1 New Year’s Day, January l;
1.4.3.2 Martin Luther King, Jr.’s Birthday, Third Monday in January;
1.4.3.3 President’s Day, Third Monday in February;
1.4.3.4 Memorial Day, Last Monday in May;
1.4.3.5 Juneteenth
1.4.3.6 Independence Day, July 4;
1.4.3.7 Labor Day, First Monday in September;
1.4.3.8 Columbus Day, Second Monday in October;
1.4.3.9 Veteran’s Day, November 11;
1.4.3.10 Thanksgiving Day, Fourth Thursday in Novmber;
1.4.3.11 Christmas Day, December 25;
1.4.3.12. The Depot recognizes a regular closure day that occurs every other Friday. If the holiday falls on Saturday, the preceding Friday will be observed, or Thursday if Friday is an off day. If the holiday falls on Sunday, the following Monday will be observed.
1.4.4. Place and Performance of Services: The contractor shall provide services between the hours of 0630 – 1600, Monday through Friday, except on recognized US holidays or when the Government facility/installation is closed due to local or national emergencies, administrative closings, or similar Government-directed facility/installation closings. Performance shall be at Letterkenny Army Depot, 1 Overcash Avenue, Chambersburg, PA 17201. The contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility/installation is not closed for the above reasons. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the work force are essential.
1.4.4.1. Performance shall be at site Letterkenny Army Depot (LEAD) located in the Cumberland Valley approximately 4 miles north of Chambersburg, Pa., Franklin County in south central Pennsylvania.
1.4.4.2. Emergency Services: The contractor shall provide emergency response services that may fall outside the normal hours of operation listed in paragraph 1.4.4.
1.4.5. Security Requirements: Contractor and all associated sub-contractor’s employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce shall comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes. All contractors and subcontractors shall be Real I.D. verified through the Security Office.
1.4.5.1. The use of photography equipment is not permitted without proper authorization from the LEAD security manager in any area on the installation this includes the area between the barbwire fence and the boundary fence, and areas leased by the Government. Requests for camera use shall be submitted in writing to the COR for approval before use on Government owned or leased property.
1.4.5.2. Public Disclosures: The Contractor shall make no public announcement or disclosure relative to information contained or developed under this contract, except as authorized by the KO or the COR.
1.4.5.3. Search and Control: Letterkenny is a controlled access post. All vehicles and personnel are subject to search and seizure of contraband and/or unauthorized government property. Contractor vehicles (Contractor-owned and personal), contractor employees, and their personal property will be subject to searches and seizure of contraband and/or unauthorized government property upon entering or leaving the Installation. The search and seizure provisions of AR 190-13, Chapter 8, will apply to contractor personnel entering or leaving Letterkenny.
1.4.5.4. Physical Security: The contractor shall safeguard all Government property provided for contractor use. At the close of each work period, Government facilities, equipment and materials shall be secured.
1.4.5.5. AT Level 1 Awareness Training: This standard language is for contractor employees with an area of performance within as Army controlled installation, facility or area. All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, and controlled-access areas shall complete AT Level I awareness training within 30 calendar days after the contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 30 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: http://www.letterkenny.army.mil/ctrresources/
1.4.5.6. iWATCH Training: This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award. iWATCH training is available at the following website: http://www.letterkenny.army.mil/ctrresources/
1.4.5.7. OPSEC Training: Per AR 530-1 Operations Security, the contractor employees must complete Level I OPSEC Awareness training. New employees must be trained within 30 calendar days of their reporting for duty and annually thereafter. Level I OPSEC Awareness training is available at the following website: http://www.letterkenny.army.mil/ctrresources/
1.4.5.8. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the KO, within 15 calendar days after completion of training.
1.4.6 Conservation of Utilities: The contractor shall instruct employees in utilities conservation practices. The contractor shall operate under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount.
1.4.7 Special Qualifications: The contractor shall ensure all employees possess all required licenses for maintaining Endress + Hauser Prosonic S Flow Meters and all associated equipment used in the performance of this contract. NOTE: The Government does not provide training to contractors. Contractors must ensure that any personnel performing under a contract are fully trained, licensed, certified and qualified for the position in which they will be serving.
1.4.8 Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the KO in accordance with Federal Acquisition Regulations Subpart 42.5. The KO, COR, and other Government personnel, as appropriate, may meet periodically with the contractor to review the contactor’s performance. At these meetings, the KO 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 The contractor shall resolve outstanding issues raised by the Government. Contractor attendance at these meetings shall be at no additional cost to the Government.
1.4.9 Contract Manager (CM): The contactor shall provide a CM who shall ensure performance under this contract. The name of this person, and an alternate who shall act for the contractor when the CM is absent, shall be designated in writing to the KO. The CM or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.
1.4.9.1. The designated representative will direct the Contractor's working force and operations in accordance with the requirements specified within this performance work statement and shall be empowered with sufficient authority to enable him/her to meet conditions and make decisions which arise in the day-to-day operations.
1.4.9.2. Other Personnel: The Contractor shall furnish supervisory, administrative, and direct personnel to accomplish all work required. Contractor may not hire off-duty Government Quality Assurance Evaluators or any other persons, whose employment would result in a conflict with Standards of Conduct. The Contractor shall provide the Contracting Officer or his delegated representative a current list of all supervisory personnel by email within thirty (30) days after the commencement date of the performance period.
1.4.9.3. Contractor’s Employees: The Contractor shall provide personnel possessing the skills, knowledge, and training to satisfactorily perform the services required by this contract. Personnel performing work under this work statement shall remain employees of the Contractor and shall not be considered employees of the Government.
1.4.9.4. Employee Briefing: Each employee used in conjunction with this contract shall receive a thorough briefing by the Contractor relating to the standards of work to be achieved and maintained under the contract, and the personal conduct, regulations, and safety measures that must be observed while on the installation. The Contractor shall maintain a file of all such briefings.
1.4.9.5. Employee Conduct: In accordance with AR 600-85, The Army Substance Abuse Program dated 2 February 2009, the Contractor shall not allow any employee to perform work who has illegal possession of, or who is under the influence of alcohol or controlled substances. http://www.apd.army.mil/pdffiles/r600_85.pdf. Government rules, regulations, laws, directives, and requirements, which are in place or issued during the contract term will be applicable to all contractor employees or representatives who enter the Installation or who travel using government transportation. Violation of such rules, regulations, laws, directives, or requirements will be grounds for removal (permanently or temporarily as the Government determines) from the work site. Individuals who violate such rules, regulations, laws, directives, or requirements may be denied access to the Installation, either temporarily or permanently. As outlined in AR 190-5, being charged with DUI or any serious traffic offense individuals' privilege to drive on installation can be suspended for one year. http://www.apd.army.mil/pdffiles/r190_5.pdf This is also covered in LEAD Reg. 1-6.
1.4.9.6. Employee Appearance: Contractor employees shall be appropriately dressed including any necessary individual protective clothing, equipment and uniforms, for the work to be done.
1.4.9.8. Conflict of Interest: The Contractor shall not employ any employee of the United States Government, either military or civilian, if such employment would create a conflict of interest. The Contractor shall not employ any person who is an employee of the Department Of Defense, unless such person receives prior approval in writing from the KO.
1.4.9.9. Conduct of Personnel: The Contractor may be required to remove from the job site any employee working under this Performance Work Statement (PWS) for reasons of misconduct, or security, or found to be or suspected to be under the influence of alcohol, drugs, or other incapacitating agent. The Contractor’s employees shall be subject to dismissal from the premises upon determination by the KO that such action is in the best interests of the Government. Such removal from the job site or dismissal from the premises will not be the basis for a claim by the Contractor and will not relieve the Contractor of the requirement to provide sufficient personnel to perform the services as required by this PWS.
1.4.9.10. Identification of Contractor Employees: All contact personnel attending meetings, answering Government telephones and working in other situations where their contractor 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. The contractor shall also ensure that all documents or reports produced by contractor personnel are suitably marked as contractor products or that contractor participation is appropriately disclosed.
1.4.10. Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the KO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.
1.4.11. Organizational Conflicts of Interest (OCI): The contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent OCIs, as defined in FAR Subpart 9.5. The contractor shall notify the KO 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 KO to avoid or mitigate any such OCI. The contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO and in the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may affect other remedies as he or she deems necessary, including prohibiting the contractor from participation in subsequent contracted requirements which may be affected by the OCI.
1.4.12. Lost and Found Property: It is the responsibility of the Contractor to ensure all articles of possible personal or monetary value found by the Contractor's employees are immediately turned in to the Security Office, located in Building 322, and reported to the Police Desk phone (717) 267-8800.
1.4.13. Non-Contractual Direction: Direction that contradicts contractual direction on task execution or which appear to violate licensing and/or proprietary considerations, will be immediately brought to the attention of the COR and KO in writing thru email.
1.4.14. Invoicing: Upon completion of all services, the Contractor shall submit a detailed invoice with line item breakdowns to the COR. Payment will be made upon submission of a correct invoice through Wide Area Work Flow (WAWF).
2.0 Definitions and Acronyms:
2.1.1 CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.
2.1.2 CONTRACTING OFFICER (KO). 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.
2.1.3 CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government designated by the KO to monitor contractor performance. 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 Contractor 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.
2.1.4 DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.
2.1.5 DELIVERABLE. Anything that can be physically delivered and includes non-manufactured things such as meeting minutes or reports.
2.1.6 KEY PERSONNEL. Contractor 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.
2.1.7 PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.
2.1.8 QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.
2.1.9 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.
2.1.10 QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.
2.1.11 SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.
2.1.12 WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.
2.1.13 WORK WEEK. Monday through Friday, unless specified otherwise.
2.2 ACRONYMS:
| AFARS | Army Federal Acquisition Regulation Supplement | |
| ANSI | American National Standards Institute | |
| AR | Army Regulation | |
| CFR | Code of Federal Regulations | |
| CLIN | Contract Line Item Number | |
| CM | Contract Manager | |
| CONUS | Continental United States (excludes Alaska and Hawaii) | |
| COR | Contracting Officer Representative | |
| COTS | Commercial-Off-the-Shelf | |
| DA | Department of the Army | |
| DD250 | Department of Defense Form 250 (Receiving Report) | |
| DD254 | Department of Defense Contract Security Requirement List | |
| DFARS | Defense Federal Acquisition Regulation Supplement | |
| DOD | Department of Defense | |
| FAR | Federal Acquisition Regulation | |
| HWMP | Hazardous Waste Material Plan | |
| IWTP | Industrial Waste Treatment Plant | |
| KO | Contracting Officer | |
| LEAD | Letterkenny Army Depot | |
| MBBR | Moving Bed Biological Reactor | |
| MSDS | Material Safety Date Sheet | |
| NFPA | National Fire Protection Association | |
| OCI | Organizational Conflict of Interest | |
| ODC | Other Direct Costs | |
| OPSEC | Operational Security | |
| OSHA | Occupation Safety and Health Standard | |
| PA | Pennsylvania | |
| PADEP | Pennsylvania Department of Environmental protection | |
| PIPO | Phase In/Phase Out | |
| POC | Point of Contact | |
| POP | Period of Performance | |
| POV | Privately Owned Vehicle | |
| PRS | Performance Requirements Summary | |
| PWS | Performance Work Statement | |
| QA | Quality Assurance | |
| QAE | Quality Assurance Evaluator | |
| QAP | Quality Assurance Program | |
| QASP | Quality Assurance Surveillance Plan | |
| QC | Quality Control | |
| QCP | Quality Control Program | |
| OSHA | Occupational Safety & Health Standards | |
| SDS | Safety Data Sheeet | |
| SMS | Safety Management System | |
| SOP | Standard Operating procedure | |
| TE | Technical Exhibit | |
| UIC | Unit Identification Code | |
| U.S.C | United States Code | |
| WAWF | Wide Area Workflow |
3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S): The Government will provide the facilities, equipment, materials, and/or services listed below:
3.1 Facilities: The Government will furnish the necessary workspace for the contractor staff to provide the support outlined in this PWS to include desk space, telephones, computers and other items necessary to maintain an office environment.
3.2 Equipment: None
3.3 Materials: None
3.4 Services: Direction that contradicts contractual direction on task execution or which appear to violate licensing and/or proprietary considerations, will be immediately brought to the attention of the Contracting Officer in writing or certified electronic document for resolution. Direction given to any Contracted employee by anyone else other than the COR or the KO will not be reimbursed. Only tasks identified in the contract or modifications to the contract will be honored for payment.
3.5 Utilities: All utilities in the facility will be available for the contactor’s use in the performance of this contract.
4.0 Contractor Furnished Property, Materials, Equipment (CFP/M/E):
4.1 General: Except for those items specifically stated to be Government-Furnished in Paragraph 3.0, the contractor shall furnish everything required to perform these services as indicated in Paragraph 1.1.
4.2. Materials: The Contractor shall furnish all materials, except Government furnished, necessary to perform the tasks specified in the contract. The Government will not be held responsible for damage to the Contractor's supplies, materials, equipment or personal belongings brought onto the installation by employees of the Contractor.
4.3. Equipment and Tools: The Contractor shall furnish all equipment and tools necessary to properly perform the work defined in this contract. All equipment used by or proposed to be used by the Contractor shall be in good mechanical condition and will be subject to approval by the KO before use in performance of this contract.
4.3.1. All equipment used by the Contractor in the performance of the work will be operated to conform to the vehicle code of the Commonwealth of Pennsylvania, http://www.dmv.state.pa.us/vehicle_code/index.shtml.
5.0 Requirements: The contractor shall:
5.1 Building 360: The Contractor shall furnish all parts and labor to perform quarterly inspections of 2 each Endress + Hauser Prosonic S ultra-sonic flow meters, 1 each Badger Model 2500 Ultrasonic Level Sensor, 1 each Chessell Chart Recorder, 1 each Semiens Flow Meter and 1 each McCrometer Ultra Maglow Flow Meter, to maintain those meters and recorder at the original manufacturer’s operational level. The contractor must be certified for confined space entry IAW 29 CFR 1910.146.
5.1.1 Endress + Hauser Prosonic S Ultrasonic Flowmeter, (Qty. 2)
5.1.2 Badger Model 2500 Ultrasonic Level Sensor, (Qty. 1)
5.1.3 Eurotherm Chessell Chart Recorder, (Qty. 1)
5.1.4. Semiens Flow Meter, (Qty.1)
5.1.5. McCrometer Ultra Maglow Flow Meter, (Qty. 1)
5.2. Emergency Repairs: Perform emergency repairs as required. The Contractor shall respond within 24 hours of being notified by the KO or the COR. Amount will be billed as actual parts and labor if an emergency call is required. The contractor will provide repair services after normal business hours if requested by the COR. These services will only be requested if production is or will be affected.
5.3. Repair Quotes for Services: In conjunction with any repair a quote shall be provided before any work is to commence. Quotes can be verbal or written. If verbal, a written quote must be submitted within 24 hours. The contractor shall provide a repair service quote for all repairs and recommended upgrades in accordance with safety standards to the COR on all repair services before the services are started. Once the quote is approved, the COR shall notify the contractor to start. The quote shall be comprised of labor and part totals listed separately along with a brief description of the work to be accomplished. The parts shall be itemized out on all quotes and invoices.
5.4. Repair parts shall be the manufacture’s recommended parts or equal. If the part is an “or equal” part it shall be stated on the quote as such and subjected to approval.
5.5. Reports/Service Tickets: Service reports/tickets shall be submitted to the COR upon completion of any work. Reports will be used to certify invoices for payment.
5.6. SERVICE CONTRACT REPORTING (SCR): The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the Contractor shall report ALL Contractor manpower (including subcontractor manpower) required for performance of this contract. The contractor shall completely fill in all the information in the format using the following web address https://sam.gov. The required information includes: (1) Contracting Office, KO, Contracting Officer’s Technical Representative (COTR) or also known as the Contracting Officer’s Representative (COR); (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor's name, address, phone number, e-mail address, identity of Contractor employee entering data; (5) Estimated direct labor hours (including sub-Contractors); (6) Estimated direct labor dollars paid this reporting period (including sub-Contractors); (7) Total payments (including sub-Contractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by Contractor (and separate predominant FSC for each sub-Contractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the Contractor with its UIC for the purposes of reporting this information); (11) Locations where Contractor and sub-Contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language; and (13) Number of Contractor and sub-Contractor employees deployed in theater this reporting period (by country). As part of its submission, the Contractor shall provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period shall be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a Contractor’s system to the secure website without the need for separate data entries for each required data element at the website. The specific formats for the XML direct transfer may be downloaded from the website.
6.0 Applicable Publications & Safety Requirements:
6.1. Documents applicable to this Performance Work Statement are listed below as well as stated within the PWS. These documents are mandatory and the Contractor is obligated to follow them. Supplements and amendments to mandatory publications will be considered to be in the full force and the responsibility of the Contractor. It is the Contractor’s responsibility to ensure that all mandatory publications are posted and up-to-date. It is the Contractor’s responsibility to ensure that all mandatory publications are addressed to all employees working on depot. Manuals are subject to change throughout the life of the contract. The contractor will follow the latest addition to any regulation, pamphlet, law or memorandum.
6.2. Army Regulation and Pamphlets: All Army Regulations apply to any work performed on Depot and can be found at the following website: http://www.whs.mil/library/mildoc,htm An nonexclusive list includes AR 385-10 Army Safety Program, and AR 385-55 Prevention of Motor Vehicle Accidents.
6.3 Other Manuals: All LEAD Regulations, Pamphlets, and Memorandums apply to any work performed on Depot. An nonexclusive list includes:
6.3.1. OSHA Part 1910 - Occupational Safety and Health Standards can be found at http://www.osha.gov/index.html under Regulations/Standards.
6.3.2. Lead Pamphlet 385-4 Requirements for Security, Safety and Fire Prevention for Contractor’s Performing Work on LEAD.
6.3.3. LEAD Regulation 385-1 LEAD Safety and Occupational Health Program.
6.3.4. It is the contractor’s responsibility to be familiar with these documents and to comply with their contents.
6.4. Other Rules and Regulations: The Contractor will comply with all applicable federal, state and local laws, executive orders, rules and regulations applicable to its performance under this contract.
6.5. Local Rules and Regulations: The contractors, subcontractors, suppliers and their employees will be governed by local, state and federal Laws along with installation rules and regulations. All the installation requirements are in the current issue of the pamphlet LEAD Reg 385-4 entitled "Security, Safety, and Fire Prevention for Contractors Performing Work on Letterkenny Army Depot, Chambersburg, PA", see Attachment 5, Pamphlet 385-1 “LEAD Safety & Occupational Health Program”, and any additional requirements determined necessary by the KO will be strictly complied with. Provisions for unescorted access into buildings are outlined in Chapter 2 of AR 190-16.
6.6. Permits: The Contractor is responsible for identifying, obtaining and renewing all permits from federal, state, local, or installation agencies to carry out the requirements specified in this contract or detailed on an individual task order.
6.7. Fire Regulations: The Contractor and his employees shall be required to comply with all installation regulations on fire prevention which are in effect or may be put in effect during performance of work under this contract. It is the Contractor’s responsibility to ensure that all mandatory publications are addressed to all employees working on Depot.
6.8. Fire Extinguishers: Extinguishers must be on all motorized equipment and trailers if they are to enter the Munitions Area. If one is not mounted to the motorized equipment and trailer, access will be denied into the area. Motorized equipment examples are, but not limited to commercial trucks, mowers, and tractors.
6.9. Safety Requirements: The Contractor will abide by all rules, regulations, and pamphlets concerning safety on depot posted by local, state, and federal agencies. It is the Contractor’s responsibility to ensure that all mandatory publications are addressed to all employees working on depot. Disregarding safety regulations in the industrial area will not be tolerated.
6.8. The Contractor is reminded that LEAD maintains a Safety Management System (SMS) and is either ISO 45001 certified, AS9100 and AS9110 certified
6.8.1. LEAD Safety Program and Occupational Health Program (LEAD-R 385-1) can be found at https://www.letterkenny.army.mil/Info/Visitors-Information under Installation Resources\LEAD Safety and Occupational Health Program. The Army Safety Program and Occupational Health Program is AR-385-10.
6.9. Contractor/Subcontractor will conduct work on Letterkenny Army Depot in compliance with the most current version of 29 CFR 1910 and 29 CFR 1926 (where applicable). Each contractor/subcontractor will be familiar with the types of work they are expected to perform and each phase of the operation and associated hazards. All worksites will be free of recognized hazards (per LEAD-R 385-1 27-2).
6.9.1. Each worksite will be assessed for hazards prior to the start of work. All training certifications and an Activity Hazard Analysis (AHA) will be on hand at the job site.
6.9.2. All on site work at LEAD shall be completed in accordance with applicable OSHA, DoD, Army, and LEAD Safety requirements. As a federal installation, additional requirements other than OSHA apply to contractors performing work at LEAD. Examples include full conformance to all applicable NFPA standards, ANSI standards, and other consensus standards for the industry covered by the subject contract. It is the responsibility of the contractor to be familiar with all applicable standards prior to starting work. Additionally, the contractors shall make themselves familiar with and comply with LEAD's local safety regulation LEAD-R 385-1, AR 385-10, and LEAD-R 420-13 prior to the start of any work at LEAD.
6.9.3. Performance Requirement. Meet or exceed LEAD-R 385-1, the LEAD safety and Occupational Health Program.
6.10.1. All contractor personnel shall wear the appropriate LEAD approved PPE when in the following work areas: industrial buildings, construction sites, test sites and test facilities as directed by LEAD-R 385-1.
6.10.2. Performance Requirement: All contractor personnel shall wear the appropriate LEAD approved PPE 100% as required by LEAD-R385-1.
6.11.2. The Contractor shall maintain an effective site safety plan that meets or exceeds the requirements of OSHA, DoD, Army Requirements, and LEAD-Regulation 385-1.
6.11.3. Safety Reports shall be provided to COR, LEAD Safety Office, and database.
6.11.1. Contractor will meet or exceed ASME 20.1 Safety Standard for conveyors and equipment, AWS D1.1/D1.1M Structural Welding Code, NEMA ICS 6 – Enclosures for Industrial Controls and Systems, and NEMA 12.1 American National Standard for Electric Meters Code for Electricity Metering.
6.12. As part of the applicability of engineering controls, all equipment with rotating and moving parts at the point of operation shall meet or exceed the LEAD 385-1 Chapter 17-3 machine guarding requirements.
6.12.1 The contractor shall meet or exceed LEAD lockout/tagout (LOTO) action and procedures for addressing and controlling hazardous energy during service and maintenance of machines and equipment in accordance with LEAD-R 385-1, Chapter 12. See LEAD Technical Point of Contact (TPOC) for the safe servicing and maintenance of machines and equipment, in which unexpected, energized equipment, damage to equipment or start-up of machine or equipment, or release of stored energy, could cause injury to employees.
6.12.2. Use of Portable Gas or ARC Equipment: The Contractor will be required to obtain, from the Letterkenny Fire Department, a permit to use portable gas or arc equipment for cutting, welding, or open flame operations. The Fire Department will require one day advance notice to permit necessary inspection, notification before starting work, and notification when work is completed to allow for re-inspection. The Letterkenny Fire Department shall be contacted for the proper type and number of fire extinguishers needed prior to beginning the contracted work. Letterkenny will not provide any fire extinguishers to the contractor.
6.12.3. Equipment installation/set-up, service, maintenance, and testing shall be conducted accordance with the equipment manufacturer specifications, and according to the frequently recommended by the manufacturer.
6.12.4. The contractor shall have full responsibility for keeping contractor employees trained in the LEAD Safety and Occupational Health program, LEAD-R 385-1. The contracted workforce employees shall meet and or exceed the LEAD-R 385-1 and OSHA Standards.
6.12.5. Contractors will comply with the Occupational Safety and Health Administration (OSHA) standards and LEAD R-385-1, and AR 385-10, safety rules, regulations.
Contractor shall have available copies of certifications, training certificates, required permits, and the Contractor’s safety plan or hazard analysis for the jobs to be performed at Letterkenny Army Depot (LEAD) and Directorate of Missile Aerospace Readiness (DMAR). Each contractor/subcontractor will be familiar with the types of work they are expected to perform and each phase of the operation and associated hazards.
6.11. The Contractor will meet or exceed all of the LEAD safety and Occupational Health Program LEAD-R 385-1, LEAD Safety Bulletins, Army Safety Program and Occupational Health Program AR-385-10, OSHA, NFPA, ANSI, DoD, UFC, DOT, 29 CFR Title 1910 and 29 CFR Title 1926, Federal, State, and other consensus standards for the industry covered by the subject contract. In the case of a conflict among these laws, regulations, and standards contact the COR for clarification.
6.13. If Contractor personnel determine a procedure is unsafe, they shall discontinue work immediately and contact their Program Manager who shall notify safety personnel and the COR. As soon as LEAD Safety Office personnel determine that the unsafe conditions have been corrected, the COR will notify the Contractor Program Manager that personnel may resume work.
6.13.1. Contractors who are managed under a different Safety Management System (SMS) must report injuries, accidents, and near misses to the Safety Office through their COR representative. The COR shall notify the Safety Office within 24 hours of a contractor (Labor workforce) reporting an injury, accident, or near miss.
6.13.2. All safety messages or recalls related to the safe use of products provided by the contractor will be provided to the LEAD POC for the Contract within 5 days of contractor’s awareness of the message or notice.
6.14. Directorate of Contracting will ensure ergonomic designs are considered in all contracts for the purchase of new equipment and tools.
6.15. The Awarding Contracting Office will:
6.15.1. Require all suppliers of chemicals to provide current SDSs with each shipment as set forth by the Federal Acquisition Regulation (FAR), Federal Standard 313V Appendix A, and OSHA 29 CFR 1910.1200.
6.15.2. Ensure all procured HazMat is restricted to products that have been approved for use by the HMAG, to include any HazMat provided with equipment or items purchased (e.g., lubricant grease or engine oil).
6.15.3. Pursue sanctions against vendors who consistently do not provide proper SDS.
6.15.4. Require all contractors to provide a completed AMLD Form 4783 LEAD Contractor Chemical Checklist and include SDSs for all chemicals to be brought onto the Depot prior to performing work on-site.
6.16. Requisitioning, Purchasing, or Otherwise acquiring HazMat: All HazMat as defined by LEAD-R 385-1, Safety Bulletin 23-02 shall be approved using an HMAG request prior to being acquired, received, and issued through an IRP.
6.16.1. Obtaining Approval to Requisition, Purchase, or Use a New HazMat will follow LEAD-R 385-1, Safety Bulletin 23-02, 10.6.b
6.16.2. All safety messages or recalls related to the safe use of products produced by the Contractor will be provided to the COR for the Contract within 5 days of Contractor’s awareness of the message or notice.
6.17. Environmental Compliance: The Contractor shall comply with all Federal, State, and local regulations covering environmental protection. In case of a conflict among these laws and regulations, the most stringent law or regulation will apply. If a Federal, State, or regulatory agency assesses any fine, penalty, or fee against the Government that is attributable to contractor noncompliance with any environmental law or regulation, the Contractor shall indemnify the Government for the amount of the fine and other Government costs attributable to the violation (e.g., the cost of cleaning up a hazardous waste spill). In the event of contractor noncompliance with any applicable environmental law or regulation, the KO will determine whether the Government or the Contractor is responsible for abating or correcting the violation. This provision is not intended in any way to waive the Government’s rights under any other provision of this contract. The Contractor shall fully comply with current and future regulations, plans and changes.
6.17.1. Toxic/Hazardous Material and Waste Management: The Contractor shall have available at each work site where hazardous materials are used and stored, the applicable Material Safety Data Sheets (MSDS). The Contractor shall use the DoD Hazardous Material Information System (HMIS) to research the availability of and to order MSDS. The MSDS will be readily available to employees and the KO or designated representative. The Contractor shall ensure employees are trained in the proper handling of hazardous materials.
6.17.2. The Contractor shall use contractor-obtained environmentally preferred products for the performance of this contract. The Contractor shall provide the KO or designated representative with a listing of hazardous materials, quantities to be used, and copies of applicable MSDS. All hazardous materials will be stored IAW requirements in the MSDS and Installation Fire, Safety and Environmental regulations.
6.17.3. A list of all hazardous materials and Safety Data Sheets (SDS) will be maintained at will be present and maintained at all worksites. A copy of all SDS’s will be provided to the Safety Office at the beginning of all projects.
6.17.4. All chemicals on LEAD worksites shall be vetted and approved by the LEAD Hazardous Material Approval Group (HMAG) prior to use per LEAD-R 385-1 Safety Bulletin 23-02. Contractor (Labor workforce) employees shall comply with LEAD HMAG/HMID procedures.
6.17.5. The Contractor shall cooperate with the Hazardous Materials Control Center to support inventories of hazardous materials IAW the Emergency Planning and Community Right-to-Know Act (EPCRA), 40 CFR 303 ET. Seq. and AR 200-1. The Contractor shall immediately notify the KO or designated representative of any emergency releases of hazardous materials in the format required by EPCRA, 40 CFR 355.40.
6.17.6. If this contract results in generation of hazardous materials/waste, the Contractor shall comply with the Hazardous Waste Management Plan (HWMP) regarding the use, storage and disposal of generated hazardous wastes. The Contractor shall properly manifest and timely dispose all hazardous waste generated in accordance with Pennsylvania Department of Environmental Protection (PADEP) Laws and Regulations.
6.17.7. Prior to disposal of Hazardous Materials, they must be approved by DPW’s Environmental Management Division, who will direct a disposal point.
1.4.13. Circumstances to be Reported: The Contractor or the Contractor's employees shall report any circumstances of needed repair of the facility to the Building Custodian or Contracting Officer's Representative (COR). Unusual soiling of an area which may affect the performance of the work will be reported to the Contracting Officer or his representative. Unhealthful or hazardous conditions, or interference with the work caused by government employees will be reported immediately to the Contracting Officer or his representative.
6.10. The Contractor shall ensure all employees and all associated sub-contractor’s employees possess all required licenses for operating any equipment used in the performance of this contract. The Contractor must ensure that any personnel performing under a contract are fully trained, licensed, certified, and qualified for the position in which they shall be serving.
| Publication (Chapter / Page) |
| Date of Publication |
| Mandatory or Advisory |
| Website |
| All Army Regulations |
| Various |
| Mandatory |
| http://www.whs.mil/library/mildoc.htm |
| All LEAD Regulations, Pamphlets, and Memorandums |
| Various |
| Mandatory |
| None |
| OSHA Part 1910- Occupational Safety and Health Standards |
| Various |
| Mandatory |
| http://www.osha.gov/index.html |
| Lead Pamphlet 385-4 Requirements for Security, Safety and Fire Prevention for Contractor’s Performing Work on LEAD |
| 15 Mar 2011 |
| Mandatory |
| None |
| LEAD Regulation 385-1 LEAD Safety and Occupational Health Program, Chg 4, |
| 1 Apr 2011 |
| Mandatory |
| None |
Army Regulation 420-1, Army Facilities Management
| 24 August 2012 |
| Mandatory |
| http://www.apd.army.mil/pdffiles/r4201.pdf |
| AR 385-10 Army Safety Program |
| 24 Feb 2017 |
| Mandatory |
| https://armypubs.army.mil/ProductMaps/PubForm/AR.aspx |
| AR200-1 Environmental Protection and Enhancement |
| 13 Dec 2007 |
| Mandatory |
| http://www.dodnaturalresources.net/AR200-1_2007.pdf |
Pennsylvania Air Pollution Control Act (PA Code, Title 35, Chapter 23- Air Pollution)
| Mandatory |
| http://www.actionpa.org/o rdinances/35ps4012.html |
| 40 Code of Federal Regulations (CFR) |
| 2012 |
| Advisory |
| http://www.epa.gov/lawsregs/search/40cfr.html |
| FAR Subpart 42.5 |
| 24 Jan 2018 |
| Mandatory |
| https://www.acquisition.gov/browsefar |
| Standards of Conduct |
| 14 Dec 2011 |
| Mandatory |
| https://www.federalregiste r.gov/articles/2011/11/14/ 2011-29090/standards-of- conduct |
| Vehicle code of the Commonwealth of Pennsylvania, |
| Various |
| Mandatory |
| http://www.dmv.pa.gov/Pages/default.aspx/vehicle_code/index.shtml. |
| AR385-40 Accident Reporting and Records |
| 6 March 2009 |
| Mandatory |
| http://www.wsmr.army.mil/pdf/PAM385_40.pdf |
All applicable federal, state and local laws, executive orders, rules and regulations
| Various |
| Mandatory |
| FAR Subpart 9.5 |
| March 2005 |
| Mandatory |
| https://www.acquisition.gov/far/curr |
ent/pdf/FAR.pdf
Pennsylvania Erosion Control Regulations (PA Code, Title 25, Chapter 102- Erosion Control)
| 1 Jan 1 2000 |
| Mandatory |
| http://www.pacode.com/secure/data/ |
025/chapter102/chap102toc.html
ED 12088 Federal Compliance with Pollution Control Standards
| 13 Oct 1978 |
| Mandatory |
| http://www.ihs.gov/nonmedicalprog |
rams/dfo/com_work/env_docs/EO_ 12088_Federal_Compliance_with_P ollution_Control_Standards.pdf
7. Safety Requirements
7.1. The contractor is reminded that LEAD maintains a Safety Management System (SMS) and is either OHSA’s 18001 or ISO 45001 certified.
7.2. LEAD’s safety policy and safety program (LEAD-R 385-1) can be found at https://www.letterkenny.army.mil/visitors.html
7.4. All on site work at LEAD shall be completed in accordance with applicable OSHA, DoD, DOT, Army, and LEAD Safety requirements. As a federal installation, additional requirements other than OSHA apply to contractors performing work at LEAD. Examples include full conformance to all applicable NFPA standards, ANSI standards, and other consensus standards for the industry covered by the subject contract. It is the responsibility of the contractor to be familiar with all applicable standards prior to starting work. Additionally, the contractor shall make themselves familiar with and comply with LEAD's local safety regulation LEAD-R 385-1 prior to the start of any work at LEAD.
7.5. Other applicable standards or practices would include AWWA M6 - Water Meters - Selection, Installation, Testing and ASME (American Society of Mechanical Engineers) Measurement of Fluid Flow in Closed Conduits Standards.
7.6. All shipped material shall include a current product Safety Data Sheet (SDS) for any chemical products being shipped other than residue. This includes items like engine oil.
7.7. All safety messages or recalls related to the safe use of products produced by the contractor will be provided to the COR for the Contract within 5 days of contractor’s awareness of the message or notice.
8. Attachments:
8.1. Attachment 1: LEAD Regulation 385-1, LEAD Safety and Occupational Health Program
8.2. Attachment 2: LEAD Regulation 385-4, Requirements for Security, Safety, and Fire Prevention for Contractors working on LEAD
TECHNICAL EXHIBIT 1
Performance Requirements Summary
This Performance Requirements Summary includes performance standards. The Government will use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL).
PWS Paragraph
Task
Performance Standard
| Acceptable Quality Levels (AQL) |
| Surveillance Method / By Whom |
| 5.1. – 5.1.3. |
| Contractor shall perform quarterly preventive maintenance at Bldg 360 furnishing parts and labor |
| The contractor shall perform quarterly preventive maintenance at Bldg 360 within the established timeframes 98% of the time each performance period. |
| 2% failure to perform quarterly preventive maintenance within the established timeframes each performance period. |
| Periodic Inspection - COR |
| 5.2. – 5.2.4. |
| Contractor shall perform quarterly preventive maintenance at Bldg 365 furnishing parts and labor |
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