PWS - Building Wash.pdf

PERFORMANCE WORK STATEMENT

Exterior Building Wash

Buildings 230 and 252

U.S. Army Corps of Engineers, Honolulu District

Fort Shafter, HI 96858-5440

15 April 2019

1. GENERAL: This is a non-personal services contract to wash the exterior of Buildings 230 and 252, Fort Shafter, HI. The Government shall not exercise any supervision or control over the Contractors performing the services herein. Such Contractor workers shall be accountable solely to the Contractor, who in turn is responsible to the Government.

1.1. This contract is for non-personal services. It does not create employment rights with the U.S.

Government whether actual, inherent, or implied. By agreeing to perform the services described in these specifications, the Contractor acknowledges that he/she is not, and shall not become, an employee of the U.S. Government. The Contractor further agrees that he/she shall not bring any cause of action in any forum claiming that he/she has become an employee of the U.S. Government.

1.2. This contract is a “non-personal services contract” as defined in Federal Acquisition Regulation

(FAR) 37.101. It is therefore, understood and agreed that the Contractor and/or the Contractor’s employees or subcontractor:

1.2.1 Shall perform the services specified herein as independent Contractors, not as employees of the government.

1.2.2. Shall manage and administer the work required and bear sole responsibility for complying with any and all technical, schedule, or financial requirements or constraints attendant to the performance of this contract.

1.2.3. Shall be free from supervision or control by any government employee with respect to the manner or method of performance of the services specified; but

1.2.4. Shall, pursuant to the government’s right and obligation to inspect, accept, or reject the work, comply with such general direction of the Contracting Officer (KO), or the duly authorized representative of the KO as is necessary to ensure accomplishment of the contract objectives.

2. DESCRIPTION OF SERVICES: The Contractor shall provide all necessary management, labor, supervision, materials, equipment, parts, transportation, and any incidental services required to clean the exterior of Buildings 230 (3-story building), 252 (1-story building).

3. OBJECTIVE: To remove grime and mildew from exterior walls, windows, aluminum louvers, stairs, ramps, railings, and loading dock.

4. SCOPE: The Contractor shall provide the following services for one year with four (4) one-year option periods. The Government reserves the right to exercise the option before the end of the base or option period. The Contractor shall:

a. Inspect building exterior and promptly report to the Contracting Officer or Contracting Officer

Representative all damaged areas which affect the scope or performance of the building wash before work commences.

b. Cover electrical panels, air conditioning compressors, all rear of window air conditioning units, and any similar items, to prevent water from entering equipment or buildings.

c. Determine the method to clean and to prevent water from entering the office or building.

Example, Building 252 outer covering is stucco.

1) Only when large amounts of paint chips fall, the Contractor is responsible to contain peeling paint, testing for possible lead contaminants, disposal of possible lead contaminants, and repainting of peeling paint. If the test is found above regulated levels it should be treated as hazardous waste at no additional cost to the Government.

2) At no time shall the paint chips be let down the public drainage system.

3) At the conclusion of each work day, waste that has been collected from service must be stored to prevent access to and release of dust and debris.

d. All glass (i.e. windows, doors, etc) shall be clean and clear of water marks, dry water, cloudy film, streaks, water spots, and grime.

e. All exterior staircases, ramps, ledges, and walls including end corners shall be free of all types of grown algae.

f. All crevasses and ledges shall be free of small plants and other debris.

g. Shall use an Environmentally Friendly cleaning product to remove mildew and grime from all the exterior walls, windows, stairs, railings, and aluminum louvers without obvious discoloration; and provide Material Safety Data Sheet (MSDS).

h. The Government will provides parking spaces to store Man-Lift.

i. The Contractor will be allowed access to office buildings to inspect for leakage.

j. The Contractor does not need to repair/replace rotted wood unless damage is incurred while performing the washing service.

5. GENERAL REQUIREMENT.

a. The buildings are occupied and care must be exercised during the performance of the services to protect personnel and equipment during the performance of the service. The Contractor shall ensure that no part of the site will be used as a dump.

b. The Contractor shall ensure all work areas are restored to their original condition should damages to the buildings occur during the performance of the work. If damages occur during the performance of the work, the Contractor shall notify the Contracting Officer’s Representative (COR) or the POC immediately. If the Contractor is deemed liable for the damaged areas, the Contractor may be required to either remedy by repair or obtain an estimate to repair damaged areas or may be liable to reimburse the government accordingly.

6. PERFORMANCE PERIOD: The performance shall be for three (3) weekends only between the hours of 7:00am thru 3:00pm and will commence within 30 days from the date of award. The

Contractor may work past 3:00pm with written approval from the Contracting Officer’s Representative

(COR) or the Contracting Officer prior to work. The Contractor shall notify the COR seven (7) days prior to commencement of service; and the COR will notify the building occupants of the scheduled service.

7. CONDITIONS: The Contractor shall provide an on-site representative to coordinate and direct all work and serve as a point of contact with the Government. Contractor’s employees shall be under the supervision and direction of the Contractor.

8. TYPE OF CONTRACT: The Government will award a Firm Fixed-Price Commercial Service

Contract for this requirement.

9. PERFORMANCE MATRIX:

DESIRED

OUTCOME

REQUIRED

SERVICE

ACCEPTABLE

QUALITY

LEVEL

MONITORING

METHOD

INCENTIVES/DISINCENTIV

ES for EXCEEDING or NOT

MEETING PERFORMANCE

STANDARDS

Contractor shall provide services in accordance with (IAW) performance work statement (PWS).

Each building’s exterior shall be free of dirt, mildew, grime, debris and algae.

No less than

100% quality work is acceptable.

COR will be on site to monitor service.

A final walk-through will be conducted to ensure the building’s exterior is clean.

INCENTIVE: Performance exceeding the standard may include a favorable rating.

DISINCENTIVE:

Performance less than the standard may result in an unfavorable performance rating that may impair future work w/DoD and may also include rework at no cost to the Government.

10. SAFETY REQUIREMENT: Contractor is required to submit an Accident Prevention Program

Administrative Plan (Appendix A of EM 385-1-1) and an Activity Hazard Analysis in accordance with the EM 385-1-1, U.S. Army Corps of Engineers Safety and Health Requirements Manual.

All forms shall be submitted to the U.S. Army Corps of Engineers, Safety Officer or Contracting Officer

Representative (COR) for review and acceptance. The Contractor shall not perform work until the

Government has accepted the Accident Prevention Program Administrative Plan and Activity Hazard

Analysis.

Safety Office Address and Point of Contract

U.S. Army Corps of Engineers, Honolulu District

Safety and Occupational Health Office

ATTN: Mr. John Alden (CEPOH-SO)

Fort Shafter, Hawaii 96858-5440

Telephone Number: (808) 835-4085

11. GOVERNMENT POINTS OF CONTACT (POC): Ms. Jeanette Anderson at

(808) 835-4476 and Mr. Gary Cooper at (808) 221-5465.

12.1. AT Level I Training: All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete

AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, 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 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum.

12.2. Access and General Protection/Security Policy and Procedures: All contractor and all associated sub-contractors 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/facility access requirements to be accomplished by installation Provost

Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition

(FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

12.3. For contractors who do not require CAC, but require access to a DoD facility or installation.

Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and

Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures

(provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

12.4. Suspicious Activity Reporting Training: The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. 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

5 calendar days after the completion of the training.

12.5. Will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas. All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

12.6. Pre-screen candidates using E-Verify Program: The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

13. Contractor Manpower Reporting Application (CMRA): The CMRA is a business process that has been approved by the Army as a means for collecting information on contracts that provide services to the Department of the Army. Contractors are required to register and report information via the CMRA website located at https://cmra.army.mil/. Additional information such as links to user guides, frequently asked questions and help desk information is available via the CMRA website.

Reporting is required on an annual basis and shall be entered using the CMRA website. The deadline to enter data is October 31st. For delivery order type contracts, data is reported for each separate delivery or task order at the completion of the contract, or fiscal year, whichever comes first.

S-19 SAFETY STANDARDS

a. The successful offeror will be required to comply with Chapter 396 of the Hawaii Occupational Safety and Health Act (OSHA) standards and Title 12 Department of Labor and Industrial Relations, Subtitle 8

Division of Occupational Safety and Health, Part 2 General Industry Standards as well as with the Corps of Engineers Manual 385-1-1, Safety and Health Requirements Manual (latest version). [Title 29, CFR, Chap 18, Part 1910 (OSHA)]

b. The successful offeror shall attend the Honolulu District’s Effective Planning in Accident Prevention

Training Course held quarterly or view the course video within 60 days after award of the contract.

Confirmation of having taken the course shall be forwarded to the Contracting Officer Representative by a letter signed by the President of the Company.

[End of Statement]

S-23.1 EMERGENCY PLANNING COMMUNITY RIGHT TO KNOW ACT (EPCRA)

EXTREMELY HAZARDOUS SUBSTANCES (EHS), CERCLA HAZARDOUS

SUBSTANCES, AND OTHER OSHA HAZARDOUS CHEMICALS (November 2012)

This applies to any contractor utilizing EPCRA EHS, CERCLA hazardous substances, and other OSHA hazardous chemicals in performance of any work while on any US Army Garrison, Hawaii (USAG-HI) installations. The EPCRA EHS are defined in EPA document EPA 550-B-98-017, Title III List of Lists, Consolidated List of Chemicals Subject to the Emergency Planning and Community Right to Know Act and Section 112(r) of the Clean Air Act Amended available at the following web address:

http://epa.gov/emergencies/tools.htm#lol. Contractors are responsible to know what chemicals they use or transport on USAG-HI Installations that are contained on the lists. For locations of these chemicals stored on USAG-HI Installations, the Contractors may request data by contacting the Directorate of

Public Works (DPW), Environmental Division (ED) at 656-2878. The Contractor shall provide contract description, period of contract performance, and contract number. A data base of locations storing hazardous substances meeting the requirements of this paragraph will be forwarded upon review and approval of the Contractors request.

(1) Reporting. All spills of substances containing EPCRA, EHS, and CERCLA hazardous substances, and OSHA hazardous chemicals will immediately be reported to the DPW, Emergency Spill Response

Line at 656-1111. The Contracting Officer must also be notified during the first business hour http://epa.gov/emergencies/tools.htm#lol http://www.epa.gov/ceppo/p-gen.htm immediately after discovery of the release. In addition, all waste developed resulting from EPCRA EHS, CERCLA hazardous substances, and other OSHA hazardous chemicals being utilized will be reported to the DPW, ED at 656-2878.

(2) All Contractors Utilizing Substances Containing EPCRA EHS, CERCLA hazardous substances, and other OSHA hazardous chemicals will perform the following prior to contract start.

(a) Review the Installation Spill Contingency Plan and the Installation Hazardous Waste

Management Plan available at the DPW ED. Upon review, the contractor or designated responsible employee shall sign a certification statement that they have reviewed and understand the contents of these documents.

(b) Provide a list of all EPCRA EHS, CERCLA hazardous substances, and other OSHA hazardous chemicals projected to be utilized (estimated quantities), storage locations and the

Material Safety Data Sheets to the DPW ED.

(c) The Contractor shall provide a copy of their Spill Response/Contingency Plan and copies related training certificates.

(3) Contractor Caused Spills or Waste Generated from Substances Containing EPCRA EHS, CERCLA Hazardous Substances, and OSHA Hazardous Chemicals.

(a) All spills caused by the Contractor will be cleaned up under supervision of the contractor and a qualified hazardous materials spill response company, at no cost to the government and in accordance with all applicable laws and regulations to the satisfaction of the Contracting Officer and the DPW ED.

(b) Contractor shall accomplish all spill notifications as required by the Contracting Officer, the

U.S. Environmental Protection Agency, State of Hawaii to the Hazard Evaluation Emergency

Response Office, Local Emergency Response Commission and National Response Center.

(c) The Contractor shall pay for disposal costs (no cost to the government) for all contaminated materials/debris to include but not limited to soil, sorbent materials, disposable equipment and other materials contaminated by the spill. The Contractor shall sign the uniform hazardous waste manifests and secure a provisional EPA identification number (if required). Ensure that all aspects of management and disposal of wastes are in accordance with all applicable laws and regulations.

S-28.7 REQUIRED INSURANCE (Aug 2004)

(The following is applicable when work is performed on a government installation.)

The minimum insurance requirements, pursuant to Section 00700, Contract Clause, "INSURANCE - -

WORK ON A GOVERNMENT INSTALLATION" of this contract, are:

Workers' Compensation and Employer's Liability Insurance - Minimum coverage of $100,000.

Comprehensive General Liability Insurance - Minimum coverage of $500,000 per occurrence.

Automobile Liability Insurance

(1) Bodily Injury: Minimum coverage of $200,000 per person and $500,000 per occurrence.

(2) Property Damage: Minimum coverage of $20,000 per occurrence.

The Contractor shall insert the substance of this clause in subcontracts under this contract that require work on a Government installation.

The Certificate Holder for both the Prime’s and Subcontractors' Certificates of Insurance shall be the U.S.

Army Engineer District, Honolulu, Fort Shafter, Hawaii 96858-5440. [FAR 28.306 and 28.307-2]

S-36.7 IDENTIFICATION OF EMPLOYEES

The Contractor shall be responsible for furnishing to each employee and for requiring each employee engaged on the work to display such identification as may be approved and directed by the Contracting

Officer. All prescribed identification shall immediately be delivered to the Contracting Officer for cancellation upon the release of any employee. When required by the Contracting Officer, the Contractor shall obtain and submit fingerprints of all persons employed or to be employed on the project.

S-36.34 VEHICLE REGISTRATION

1. All vehicles operating on Army Installations must have a valid registration, valid certificate of insurance, current safety inspection and be operated by a licensed driver. Vehicle operators shall be prepared to present these documents when requested by the security guard.

2. Contractor vehicles utilized in performance of the contract shall be registered with the Installation

Provost Marshal for entry into any Army Installation. This includes contractor employees’ privately-owned vehicles (POVs) used to travel to and from the job site. Employees will be allowed to register only one vehicle. It shall be the sole responsibility of the contractor to register vehicles with the

Provost Marshal.

3. Prior to contract performance, the contractor shall provide the Contracting Officer with a list of company-owned vehicles, employee POVs, and any subcontractor vehicles to be registered. The

Contracting Officer will prepare a request for vehicle registration to the Provost Marshal. Upon receipt of the signed request the contractor shall report directly to the Provost Marshal for vehicle registration. Contractor employees must report in person for registration of their POVs. The following documents will be required to be presented to the Provost Marshal for vehicle registration:

a. Contracting Officer’s request for vehicle registration.

b. Valid Vehicle registration

c. Valid Certificate of Insurance

d. Current Safety Inspection

e. Valid driver’s license

4. At any time contractor employees (or subcontractor employees) are operating contractor-owned vehicles on an Army Installation, they shall have in their possession a letter signed by a corporate officer authorizing the individual to drive the vehicle.

5. The Contracting Officer and the Provost Marshal office shall be notified of any changes in vehicles within three business days of the change.

6. In the event the Provost Marshal issues extended passes for vehicles, lost passes shall be reported immediately, in writing, to the appropriate Provost Marshal Office, in order to obtain new passes.

Notification shall include all circumstances surrounding the loss of the original passes. All vehicle passes issued shall be returned to the Provost Marshal upon completion of the contract, termination of an employee or discontinued use of the registered vehicles.

7. Failure to follow the procedures outlined above may result in delays in entering Army Installations.

The Government is not responsible for any adverse impact on the contractor or its operation as a result of delays due to the failure to register vehicles.