PWS for Propane Supply and Service.docx

PERFORMANCE WORK STATEMENT (PWS)

PROPANE SUPPLY AND SERVICE

ABERDEEN PROVING GROUND, MARYLAND

2 MAY 2023

Table of Contents

Climatic Conditions……………………………………………………………………………2

1.4 Facility Access…………………………………………………………………………...…….2

1.5 Traffic Flow

1.6 Drainage

1.7 Restoration of Landscape Damage

2.0 REQUIREMENTS

2.1 Description of Services

2.1.2 General Information

2.1.3 Place of Performance and Hours of Operation

2.1.4 Federal Holidays

2.1.5 Travel/Temporary Duty

2.1.6 Emergency Services

2.1.7 Contract Administration and management

2.1.8 COR/ACOR Functions

2.1.9 Quality Control (QC)

2.1.10 Subcontract Management

2.1.11Contractor Employees

2.1.12 Business Relations

2.2 Work Management

2.2.1 Coordination

2.3 Special Requirements

2.3.1 Security

2.3.2 Security Training

2.3.3 Safety

2.3.4 Training, Physical Requirements, or other Expertise Required

2.3.5 Environmental Requirements

2.3.6 Contingency Plans

3.0 PERFORMANCE REQUIREMENTS AND STANDARDS

3.1 High Level Objectives (HLO)

3.1.1 Performance Task Requirements, Standards and Acceptable Quality Levels (AQLs)

3.2 Transition

4.0 PERFORMANCE REQUIREMENTS SUMMARY (PRS) MATRIX

4.1 Quality Assurance

4.2 Quality Control Plan (QCP)

5.0 COMMON LEVELS OF SERVICE (CLS)

6.0 DELIVERABLES

7.0 RELATED DOCUMENTS

7.1 Definitions and Acronyms

7.1.1 Definitions

7.1.2 Acronyms

7.2 Applicable Directives, Publications

7.3 Technical Exhibit (TE)

7.4 Government-Furnished Material (GFM)/Property (GFP)/Equipment (GFE)

7.4.1 Utilities

7.5 Contractor-Furnished Material (CFM)/Property (CFP)/Equipment (CFE)

7.5.1 Contractor-Furnished Material and Responsibilities

7.5.2 Contractor-Furnished Items

1.0 Introduction. This is a supply contract to provide bulk propane delivery. The Government will not exercise any supervision or control over the contract service providers. The Contractor shall perform to the standards specified in this Performance Work Statement (PWS). Contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. the Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary as defined in this PWS.

1.1 Background. Aberdeen Proving Ground (APG) is located in Maryland and consists of four locations to include APG North, APG South (Edgewood), Adelphi Laboratory Center (Adelphi), and Blossom Point Field Test Area (LaPlata) and consists of approximately 75,580 acres and 1,702 buildings. The workforce has more than 23,000 military, civilian and contactor employees who are responsible for numerous technical achievements in military intelligence, medical research, engineering, and computer technology. There are approximately 2,000 resident family members.

APG - Directorate of Public Works (DPW) operates and maintains facilities, structures, utilities, roads, land, and all the related equipment located on APG. DPW currently has inventoried approximately 4,445 facilities, structures, utilities, and land, identified at over 30,000 separate locations with over 25,000 pieces of equipment. DPW provides the following programs and services: facility operations and maintenance, design, construction, utility and energy conservation, recycling; solid waste management, custodial services, landscaping, and environmental, safety and occupational health. DPW serves over 80 Garrison Supported Organizations (GSO) with over 16 million square feet of space.

1.2 Objectives. The Contractor shall ensure all work accomplished during performance of this PWS meets all applicable Federal, State, and local laws, regulations, and directives to include, but not limited to, the publications in Section 7, Related Documents.

The contractor shall provide propane fuel, propane tanks (if applicable), and Maintenance/Repair. The contractor shall determine the propane usage frequency, respond to emergency gas leak request, respond to unscheduled / unplanned delivery requirements, deliver / offload the propane fuel, and provide delivery meter tickets in accordance with OSHA Standard 1910.110 Storage and Handling of Liquefied Petroleum Gases. Services will be provided to the facilities listed in the Technical Exhibit (TE) 1. Individual account delivery address will be provided to the contractor within five (5) working days after contract is awarded.

The Contractor shall compile historical data, prepare required reports, and submit all information as specified by the Deliverables presented in the contract. The Contractor shall ensure all work tendered to the Government for acceptance in support of mission requirements conform to the measurable performance standards of quality, timeliness, and quantity specified in the PWS.

Work requirements are performance-based and results- oriented. The Contractor shall determine the best and most cost-effective ways to fulfill bulk propane delivery and their component needs, emphasizing innovation and commercial best practices.

1.3 Climatic Conditions. The average annual rainfall is 42.87 inches; with the wettest months being June - September. The average annual snowfall is 18 inches, with snowfall expected during the months of November to March. The average frost-free period (growing season) during the year is about 215 days. The first killing frost may be expected about October, and the last killing frost generally occurs in April. The average annual maximum and minimum temperatures are approximately 65.2°- and 45.4°-degrees Fahrenheit, respectively. Monthly normal temperatures range from a low of 24.7°F degrees in the month of January to a high of 86.7°F degrees in the month of July. Summer temperatures often reach 84.8°degrees Fahrenheit, while sub-freezing weather is common during the winter months.

1.4 Facility Access. The Contractor shall ensure access to all fire detection and suppression systems in case of emergencies or for other Fire Department purposes. The Contractor shall inform the Fire Department point-of-contact (POC) of outages that will impact the function of the fire system, or of any special problems or circumstances which require Fire Department inspection. The Fire Department will reset alarm systems to operational status.

1.5 Traffic Flow. The Contractor shall maintain the free flow of traffic during surfaced area maintenance. The Contractor shall notify the Contracting Officer (KO), in writing, a minimum of fourteen (14) calendar days in advance of any scheduled closure of streets. Emergency road closures shall be coordinated with the Contracting Officer Representative (COR) or Alternate Contracting Officer Representative (ACOR).

1.6 Drainage. N/A

1.7 Restoration of Landscape Damage. The Contractor shall restore trees or other landscape features damaged by the Contractor’s operations at no additional cost to the Government. The COR/ACOR will decide the method of restoration for trees or whether damaged trees will be removed.

2.0 Requirements.

2.1 Description of Services.

The purpose of this contract is to provide Aberdeen Proving Grounds (APG), North, South and Churchville area, with the supply of an estimated annual amount of 230,000 gallons of propane to 95 various sized tanks. As a result of new construction and demolition, the government may periodically need to change the number of tanks on post. The supply of propane is required for heating, cooking, and mission related functions. See Technical Exhibit (TE) 1.

2.1.0 PROPANE SUPPLY. Per Task 1; the contractor shall provide auto-fill of propane through the entire calendar year to all propane tanks listed on TE 1, unless otherwise indicated as “on request”. Those indicated as “On Request” shall be filled within one (1) workday of COR notification. The Contractor shall schedule and start delivery of propane within 10 business days of contract award.

The contractor shall deliver and offload propane fuel in accordance with Department of Transportation (DOT), Occupational Safety & Health Administration (OSHA) Standard 1910.110, and National Fire Protection Association (NFPA) 58.

Most facilities only require propane during the standard heating season (fall, winter, and spring); while some will require deliveries during the summer. Upon request, the Government will provide the contractor all available historical information.

The Contractor shall ensure that all facilities have sufficient propane during seasonal scheduling. The Contractor shall be held liable for damages to Government property if sufficient propane levels are not always maintained. In the event of Tank runouts, the tanks shall be serviced within four (4) hours of COR notification. No later than close of business every Friday, the Contractor shall provide the COR with a tentative schedule for locations listed on TE-1.

Area Maps: The Government will provide the Contractor with the addresses for the propane tank upon contract award; Local Area maps for propane tank locations are available upon request; the Contractor must sign a disclaimer statement prior to receiving maps. The Contractor shall submit a request for the maps through the assigned COR/ACOR.

2.1.0.1 PROPANE TANK INSTALLTION (Current Contract). Per Task 2; the Contractor may be required to install propane tanks at additional locations on APG not presently serviced by propane. The contractor shall furnish all labor, material, equipment, supplies, and piping when installing new tanks in accordance with OSHA Standard 1910.110 and National Fire Protection Association (NFPA) 58. New tanks shall adhere to DOT and American Society of Mechanical Engineers (ASME) standards as applicable. The Government shall provide a concrete pad with an adjacent gas line stub-out or suitable concrete footings. The contractor shall install tank, regulator at tank, additional piping, fill valve, relief valve, service valve, fixed liquid level gauge, float gauge, vapor return valve, liquid withdrawal valve, and any other valves or gauges on or in the tank, as required. The contractor shall pressure test the new system prior to the introduction of gas in accordance with NFPA-National Fuel Gas Code 54 & Liquefied Petroleum Gas Code 58 and provide documentation.

2.1.0.2 PROPANE TANK REMOVAL. (Current contract). Per Task 3; the contractor may be required to remove contractor propane tanks that are no longer required. The contractor shall remove all liquefied petroleum gas from the designated tank and flare off remaining propane vapor. All liquefied gas removed remains property of the Government and will be placed into other tanks listed on the contract TE-1. The contractor shall provide certified meter readings showing the amount of propane recovered. The contractor shall properly cap the gas line after removing the gas line connection back to the gas line stub-out. The contractor shall remove and properly transport the empty tank from the site in accordance with all Federal, State and Local laws.

2.1.0.3 PROPANE TANK REPLACEMENT. The replacement of non-serviceable or safety issue propane tanks shall be coordinated through the COR. Tank replacement shall be kept to a minimum to avoid disruption to customers and mission. The contractor shall be responsible for all labor, material, and equipment for tank replacement with no associated cost to the Government. Contractor shall notify and document Government tanks that may require replacement because of tank condition. Government is responsible to provide new tank for installation or request a contractor replacement, of which will be installed per task 2 (par 2.1.0.1) The contractor shall follow OSHA Standard 1910.110 and NFPA- Liquefied Petroleum Gas Code 58 during tank replacement. New tanks shall adhere to DOT and ASME standards as applicable. All propane tank transitions shall be completed as the tanks’ propane fuel reaches a minimum tank level as determined by the COR. The contractor shall remove all liquefied petroleum gas from the designated tank and flare off remaining propane vapor. All liquefied gas removed remains property of the Government and will be placed into other tanks listed on the contract, ensuring zero credit is achieved. The contractor shall submit to the COR, certified meter readings showing the amount of propane recovered and resupplied.

2.1.0.4 PROPANE TANK EQUIPMENT REPAIR (Troubleshooting, Regulators, Lines, and Accessories) Per Task 4; the Contractor shall provide a quote for Propane Tank Equipment Repair as found during on-spot inspections, during deliveries, and upon request by the COR. The Contractor shall notify the COR if any equipment is faulty and requires replacement or repair. Only the COR can approve equipment repair/replacement NOTE: The Contractor is responsible to replace/upgrade any equipment that does not meet DOT, ASME, or NFPA standards/regulations (i.e., regulators) with no associated cost to the Government. Approximately ten (10) tanks annually

2.1.0.4.1 PROPANE TANK MAINTENANCE Per task 5, Contractor shall provide a quote for maintaining all Contractor and Government tanks to ensure each propane tank remains in good working condition. The Government estimates a current total of 95 tanks. This number is subject to change if a new building or tank is added or if a building or tank is removed. Contractor shall conduct routine maintenance on ALL tanks throughout the life of the contract. Contractor shall ensure all propane tanks are maintained in accordance with OSHA 1910.110 and NFPA 58 and are always in proper operating conditions and appearance. Contractor will notify and document Government tanks that may require replacement because of tank condition. Government is responsible to provide new tank for installation or request a contractor replacement, of which will be installed per task 2 (par 2.1.0.1)

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification, or a DoD recognized unique identification equivalent. The Government authorizes Contractor to maintain all Government owned propane tanks.

2.1.0.5 PROPANE TANK REMOVAL (Incumbent Propane Supplier – Base Year Only) Per task 6, Contractor must coordinate to purchase, rent, and/or remove incumbent propane supplier tanks if they will not be utilized to fulfill contract requirements; Contractor shall submit a proposal for removing all Contractor owned tanks. The contractor shall take full responsibility for removal of tanks. The Government shall assume no responsibility for any installed tank. The Government estimates the number of contractor tanks is 71; Eight of the 71 tanks are 8-gallon forklift tanks and will be calculated as one (1) removal. Total Removal for cost estimate is 64 contractor tanks.

If tanks are removed, Contractor shall remove all liquefied petroleum gas from the designated tanks and flare off remaining propane vapor. All liquefied gas removed remains property of the Government and will be replaced back into newly installed tank(s) per par 2.1.0.5.1. The contractor shall document the number of gallons removed and replaced on the service ticket(s). The contractor shall arrange removal of empty tanks with incumbent propane supplier and be in accordance with all Federal, State and Local laws.

COR will prioritize removal and installation order of Contractor owned tanks. Removal and installation of tanks must start within ten (10) business days of post award kick-off meeting and be completed within thirty (30) calendar days. COR will provide the contractor a prioritized list within five (5) business days of contract post award kick-off meeting.

2.1.0.5.1 PROPANE TANK INSTALLTION (New Propane Supplier-Base Year Only). Per Task 7; contractor must coordinate installation of replacement tanks from new propane supplier if task 6 (Incumbent tank removal) is exercised. Contractor shall submit a proposal for installing all Contractor owned tanks. The contractor shall take full responsibility for installation of tanks. The Government shall assume no responsibility for any installed tank. The Government estimates the number of required tanks is 64, plus eight 8-gallon forklift tanks.

The contractor shall furnish all labor, material, equipment, supplies, and piping when installing new tanks in accordance with OSHA Standard 1910.110 and National Fire Protection Association (NFPA) 58. New tanks shall adhere to DOT and American Society of Mechanical Engineers (ASME) standards as applicable. The Government shall provide a concrete pad with an adjacent gas line stub-out or suitable concrete footings. The contractor shall install tank, regulator at tank, additional piping, fill valve, relief valve, service valve, fixed liquid level gauge, float gauge, vapor return valve, liquid withdrawal valve, and any other valves or gauges on or in the tank, as required. The contractor shall pressure test the new system prior to the introduction of gas in accordance with NFPA-National Fuel Gas Code 54 & Liquefied Petroleum Gas Code 58 and provide documentation.

2.1.0.6 PROPANE EMERGENCY SERVICES: The contractor shall respond within four (4) hours of notification from the COR to an emergency call or notification. An emergency call may consist of a leaking government or contractor owned tank, no heat, or mission essential buildings running out of propane.

2.1.0.7 PROPANE FUEL PRICING.

For each gallon of propane delivered, the contactor shall be paid based on the actual U.S. Energy Information Administration (EIA) per gallon weekly Mont Belvieu, TX closing price from previous business week of the delivery plus the contractor's proposed per gallon coefficient markup/margin. (See para. 2.1.0.8)

Average price for 2022 Mont Belvieu, TX was $1.09, Highest Price was $1.62, and Lowest Price was $0.68.

URL TO EIA: https://www.eia.gov/dnav/pet/hist/LeafHandler.ashx?n=PET&s=EER_EPLLPA_PF4_Y44MB_DPG&f=W.

Note: During the life of this contract, the EIA per gallon price for Mont Belvieu, TX will fluctuate; as a result, the Contractor shall be paid based on the actual EIA price for Mont Belvieu, TX listed the previous week of delivery, plus the Contractors firm fixed price markup. See example TE-2

2.1.0.8 COEFFICIENT MARKUP/MARGIN (FIRM FIXED PRICE)

The contractor's proposed per gallon coefficient markup/margin is determined by the contractor at the time of proposal submission as described below. The contractor shall establish its markup/margin for the base year and each of the option periods. It is the Contractors responsibility to negotiate pricing with their projected propane supplier before submitting firm fix price markup/margin on the Request for Quote (RFQ). The contractor’s markup shall cover costs associated with delivery of propane on a per gallon basis. The proposed markup/margin may include, but is not limited to, such items as labor, transportation, environmental fees, overhead, and profit cost elements. Failure to provide the price breakdown may render your offer ineligible for award for the markup/margin. For purpose of this solicitation, the markup/margin shall show all items and fees to show the full markup price, as in the sample format below:

Firm Fixed Coefficient Markup/Margin:

2.1.0.9 REPORTS/INVOICING AND RECORDS. The contractor shall provide signed electronic delivery meter tickets to the COR weekly for each propane tank filled for inspection/verification purposes only, not invoicing. The tickets shall include at a minimum: Company name, Delivery Driver name, ticket number, account number, date/time of delivery, description of item, quantity delivered (gallons), and building number and/or delivery address. It is encouraged to include additional information such as tank size and start/end percentage of propane. The contractor is responsible for submitting the correct information on each delivery ticket. Tickets that are submitted incorrectly will be rejected and the Government will reject payment. The contractor shall immediately notify the Contracting Officer (KO) and the COR of any dangerous or unsafe conditions observed during delivery and offload of the fuel.

Weekly tickets shall be consolidated and submitted Monthly for invoicing. Weekly ticket submission must include AIE Mont Belvieu, TX weekly spot price. Invoicing shall be submitted in WAWF via PIEE (Par. 7.1.1.103) Procurement Integrated Enterprise Environment (PIEE) (eb.mil) https://piee.eb.mil/. Invoicing shall be submitted to the COR for review/concurrence prior to entering in WAWF. Invoices must be submitted to COR NLT five (5) business days after last delivery for each month.

The Government suggest the Contractor input all ticket data on a excel spreadsheet or other accounting software for tracking fluctuating AIE prices and accountability of funding; the duration of the Contract may be funded incrementally with multiple sub-CLINs to track. See example TE-2

Invoices are entered in WAWF as Gallons Delivered; WAWF gallons delivered are calculated by taking Total Monthly Cost divided by Contract Firm Fixed Price.

2.1.0.10 PROPANE TANKS. The propane tanks listed on TE 1 are owned by the current propane supplier/provider (AmeriGas), except for those marked as “G” - Government owned. The Government assumes no liability concerning the integrity of the propane tanks located at APG. The contractor shall maintain the propane tanks in accordance with OSHA Standard 1910.110 and NFPA 58. All propane tanks/cylinders shall display required State and Local safety markings, to include display stickers the Contractor’s contact information. Contractor-owned cylinders shall be a neutral color, ex., white, silver, or gray. Contractor-owned equipment shall remain in good operating condition and appearance, in accordance with Industry Standards. The Contractor is responsible for conducting routine maintenance on their own tanks at no additional charge to the Government. At the direction of the COR, the contractor shall paint tanks that are fading or has peeling paint. The contractor shall furnish new propane tanks that require an alarm switch, regulator, valves, adaptors, level indicator and other devices or connections required for proper tie-ins with the gas system. The Government shall maintain all Government owned tanks and appurtenances.

2.1.0.11 NOTIFICATION OF ENVIRONMENTAL SPILLS. The contractor shall, immediately, report any spills or releases of any un-permitted substance, hazardous substance or hazardous waste into the environment to the Fire Department, and the COR. The contractor shall be liable for the costs of clean up and remediation of any spills or the release of such substance into the environment. The government shall provide the contractor reasonable amounts of electricity and water.

2.1.0.12 SECURITY: All Contractor employees require APG access to enter the Installation while performing under this contract. Contractors must register under the AIE online to obtain APG North and South Pass Access https://pass.aie.army.mil/apg. Contractor will provide proof of registration for all employees upon receiving Installation Access Passes; screenshot or email verification of registration will be provided to the COR. AIE pass(es) must be obtained NLT 5 business days of contract orientation meeting. Follow-on renewals will be submitted to COR within 2 business days. Contractor must also obtain APG North and South ATC Badge access for Controlled Areas, (see para. 2.1.0.1.12 Controlled Area). ATC Badge forms shall be obtained through the COR within 5 business days of contract award, the contractor shall submit all forms for security badges for all employees that will be entering post.

2.1.0.13 CONTROLLED AREA BADGES. The Government shall furnish Restricted Area Badges to all authorized contractor employees with a validated need to access the secure areas in performance of propane delivery and maintenance services. The contractor shall coordinate the required request for restricted area badges with the COR. The Contractor is NOT authorized to take any pictures on APG Installation areas.

2.1.0.14 PERSONNEL: All drivers must have Hazardous Material Training and CDL licenses to deliver propane and propane materials on post. Upon award of contract, the contractor shall provide a list of all delivery drivers who will deliver the required propane and maintenance, to the COR. While on post, all contractor employees shall always remain professional and abide by all APG rules and regulations.

2.1.0.15 CONTACTS: Upon award of the contract, the contractor shall schedule a Kick-Off Coordination Meeting with the COR within five (5) days after contract award. The contractor shall provide a 24-hour emergency contact phone number and an office contact sheet consisting of name, position, telephone landline, cell phone number and email address to the COR at the initial coordination meeting.

2.1.0.16 VEHICLES: The contractor shall supply all vehicles required to perform under this contract. All metered trucks shall be in accordance with all federal, state, and local codes to deliver and haul propane and propane materials. Vehicles with accident surveillance cameras shall not permitted on APG Installation.

2.1.0.17

2.1.2 General Information.

2.1.2.1 Period of Performance (PoP). Base Year, four (4) Option Year, and six (6) month extension periods will be determined at the time of Contract award.

2.1.3 Place of Performance and Hours of Operation.

2.1.3.1 Place of Performance. The work to be performed under this contract will be performed at the locations listed in TE-1.

2.1.3.2 Hours of Operation. The Government's regular (normal) hours are from 0700 – 1600 hours, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor shall perform the efforts of this contract during regular hours.

2.1.4 Federal Holidays. The Contractor shall not schedule any efforts of this contract on the Federal public holidays listed below. Holidays occurring on weekends will be observed as directed by the Federal calendar (5 U.S.C. 6103).

New Year’s Day Labor Day

Memorial Day Thanksgiving Day Juneteenth National Independence Day Christmas Day Independence Day

2.1.4.1 The Contractor shall provide personnel support, as required, within six (6) hours of notification outside the normal hours of operation, including holidays, to support the Directorate of Public Works (DPW) mission. Prior to performance of services outside the locally established hours of operation, the Contractor shall request and obtain, in writing, approval from the KO. The Program Manager shall be available after normal hours to serve as the central point of contact for Contractor operations. Contractor personnel shall not be scheduled for overtime work.

2.1.4.2

2.1.4.2 Installation Closures. When an unforeseen installation closure occurs on a regularly scheduled workday, the Contractor shall:

a. Reschedule the work to be performed the following day unless the following day is a Saturday, Sunday, a legal public holiday, and when routine work is not scheduled for that day; or

b. Reschedule the work on any day mutually agreed upon by the contractor and the government.

2.1.4.3 Inclement Weather Delay. The COR will notify the Contractor of an Installation closer that hinders services. If the Contractor determines the weather conditions are unsafe to continue operations on any working day, the Contractor shall notify the COR, within four (4) hours, if the inclement weather will suspend operations. When the severe weather clears, the Contractor shall resume operations with COR approval. After COR provides clearance to continue operations, the contractor shall provide the propane supply delivery within 4 hours if it is within normal hours of operation; if outside normal hours of operations, the contractor shall deliver the propane supply on the next duty day.

2.1.5 Travel/Temporary Duty. N/A

2.1.6 Emergency Services. N/A

2.1.6.1 The Contractor or their employees shall immediately notify their supervisor of any accident requiring emergency medical treatment. The Contractor shall notify the KO or COR/ACOR immediately, but not later than (NLT) two (2) hours of the incident.

2.1.6.2 The Contractor shall be responsible for the emergency medical treatment services for Contractor personnel.

2.1.7 Contract Administration and management.

2.1.7.1 Post Award Conference/Performance Evaluation Meetings. The Contractor shall attend the post award conference convened by the contracting activity in accordance with FAR Subpart 42.5. The KO and COR/ACOR will meet quarterly with the Contractor to review the Contractor's performance. Written minutes of meetings will be recorded by the Government and signed by both the Program Manager and the KO. The written minutes will be distributed within five (5) workdays after the meeting. If the Contractor does not concur with any portion of the minutes, recorded by the Government, the non-concurrence shall be provided in writing to the KO within two (2) calendar days following receipt of the minutes.

2.1.7.2 Notwithstanding the Contractor’s responsibility for total management during the performance of this contract, the administration of the contract requires maximum coordination and cooperation between the Government and the Contractor.

2.1.7.3 The following provides the roles and their respective authority during the performance of the contract:

2.1.7.3.1 Contracting Officer (KO). The KO is the only person authorized to direct changes in any of the requirements under this contract, and, notwithstanding any provisions contained elsewhere in this contract, said authority remains solely with the KO. In the event the Contractor makes any change at the direction of any person other than 2.1.7.3.2 the KO, the change shall be considered to have been made without authority and solely at the risk to the Contractor. The KO shall provide all contract administration Communications pertaining to contractual administrative matters shall be addressed to the KO. No changes in or deviation from the terms and conditions shall be affected, without a written modification to the contract, executed by the KO. The KO will approve all submittals and plans required in this PWS.

2.1.7.3.2 Contracting Officer’s Representative (COR). The KO will appoint a COR during the performance of this contract. Additional Government personnel may be assigned to assist in contract oversight IAW AR 70-13, Management and Oversight of Service Acquisitions. Other surveillance personnel may be designated as COR or ACOR, and shall be trained and appointed IAW DoDI 5000.72, DoD Standard for Contracting Officer’s Representative (COR) Certification and DFARS 201.602-2. The ACOR shall be appointed by the KO and will serve as an on-site representative of the COR in performance of actual contract surveillance. The COR/ACOR will aid in identification and resolution of problems, conflicts in priority, subtask requirement definitions, and other operations type problems. The COR/ACOR will perform IAW the responsibilities and duties identified in the appointment letter.

2.1.7.3.2.1 COR Authority. A letter of designation will be issued to the COR/ACOR by the KO. A copy of the letter will be sent to the Contractor. The letter of designation states the responsibilities and limitations of the COR/ACOR, especially regarding changes in cost, price estimates, or changes in delivery dates. The COR/ACOR is not authorized to change any of the terms and conditions of the contract, to include changes affecting cost, quantity, or schedule of any order issued under this contract.

2.1.7.3.3. The Contractor shall not in any way represent the United States (U.S.) Government or represent that it has authority to contract or procure supplies for the account of the United States of America (USA).

2.1.8 COR/ACOR Functions. The COR/ACOR monitors all technical aspects of the contract and assists in contract administration. The COR/ACOR is authorized to perform the following functions: monitor contractor performance to ensure the Contractor performs the technical requirements of the contract; perform regular inspections; maintain written and oral communications with the Contractor to ensure technical aspects of the contract are clarified and completed; issue written interpretations of technical requirements; monitor, document, and report Contractor's performance and notify both the KO and Contractor of any deficiencies; coordinate availability of Government-Furnished Property, and coordinate site entry of Contractor personnel.

2.1.9 Quality Control (QC). Quality Control is the responsibility of the Contractor. The Contractor shall provide a Quality Assurance Surveillance Plan (QASP) five (5) business days before contract start. The Contractor shall provide and maintain a QASP that is acceptable to the KO. Changes to the Contractor’s QASP shall be submitted to the KO for review and approval within five (5) business days prior to implementation.

2.1.10 Subcontract Management. Subcontractors shall meet the same requirements as outlined in the PWS. Subcontractors shall submit all required documentation to the Prime Contractor.

2.1.11 Contractor Employees.

2.1.11.1 Key Personnel.

2.1.11.1.1 The Contractor shall provide a Program Manager (PM) who is responsible for the performance of the work. The PM shall have full authority to act for the Contractor on all contract matters relating to daily operation of the contract. The PM shall have a minimum of three (3) years’ experience of Liquefied Petroleum Gas services and one (1) year of management experience. The name and contact information of the PM shall be provided by the Contractor to the KO upon Contract award. The PM shall be available between 0700 - 1600 hours, Monday through Friday except Federal holidays or when the Government facility is closed for administrative reasons. The PM and any individuals designated as key personnel shall be able to understand, speak, read, and write the English language.

2.1.11.1.2 Certain administrative personnel will require a Common Access Card (CAC) to access Government systems. CAC permits installation access to all contract employees. These persons shall have, at a minimum, a favorable National Agency Check (NAC).

2.1.11.1.3 All Contractor employees shall be legal U.S. residents. The Contractor shall immediately remove any employee that is not a legal U.S. resident. The Contractor personnel shall be able to communicate clearly in the English language.

2.1.11.1.4 Qualification Standards. The Contractor shall inspect, repair, and maintain systems and components associated with facilities listed in real property records as required throughout this contract utilizing properly trained, skilled, and qualified employees or subcontractor personnel. The Contractor shall provide objective evidence of key personnel qualifications and years of experience (para. 2.1.0.13 & 2.1.11.1.1) to the KO for review and acceptance.

2.1.11.1.5 Contractor Identification. The Contractor shall ensure all personnel be identified as a Contractor to distinguish themselves (e.g., badge, company logo, or uniform) from Government employees. The Contractor shall ensure all correspondence and reports produced are marked as Contractor products or that Contractor participation is disclosed.

2.1.11.1.6 Standards of Conduct. The Contractor’s employees’ conduct shall not reflect discredit upon the Government. The Contractor shall ensure all personnel present a professional appearance while working on the Government installation. The Contractor’s employees shall observe and comply with all local policies and procedures concerning fire, safety, environmental protection, sanitation, security, and possession of firearms or other lethal or illegal weapons or substances. The Contractor shall ensure all Contractor employees, providing services under this contract, conduct themselves and perform services in a professional, safe, and responsible manner. The Contractor shall remove, from the job site, any employee for reasons of misconduct or security. The Contractor shall ensure employee conduct complies with 41 USC 423, Procurement Integrity. The Contractor shall also ensure that no Contractor employees conduct political related activities or events on the installation.

2.1.11.1.7 Contractor Hiring Restrictions. The Contractor shall not hire or sub-contract with off duty or former Government employees whose employment would result in a conflict with AR 600-50, Standards of Conduct.

2.1.12 Business Relations. The Contractor shall successfully integrate and coordinate all activity needed to execute the requirement of this PWS. The Contractor shall manage the timeliness, completeness, and quality of problem identification to a degree acceptable to the Government. The Contractor shall provide to the COR/ACOR corrective action plans, timely identification of issues, and effective management of subcontractors within

(30) days or at a mutually agreed upon date. The Contractor shall ensure customer satisfaction and professional and ethical behavior of all Contractor personnel.

2.2 Coordination. The Contractor shall schedule and coordinate with the COR/ACOR to minimize disruptions to the facility mission.

2.3 Special Requirements.

2.3.1 Security

2.3.1.1 Access and General Protection/Security Policy and Procedures. The Contractor and all associated subcontractors’ employees shall comply with applicable installation, facility, and local security policies and procedures. The Contractor workforce shall comply with all personal identity verification (PIV) requirements as directed by Department of Defense (DOD), Headquarters Department of the Army (HQDA), and local policy. The COR/ACOR will request changes in Contractor security matters or processes if the Force Protection Condition (FPCON) on the installation or at any individual facility changes.

2.3.1.2 Motor Vehicle Operators. Contractor’s personnel, whose tasks involve operation of any motor vehicle, shall possess a valid driver’s license, certificates, and permits applicable for the type and class of vehicle being operated.

2.3.1.3 Contractor Vehicle Registration. N/A

2.3.1.4 The Contractor shall provide all information required for background checks to meet installation access requirements. The background checks shall be accomplished by the installation Provost Marshall Office, Director of Emergency Services, or the Security Office.

2.3.1.5 Physical Security. N/A

2.3.1.6

2.3.2 Security Training.

2.3.2.1 iWATCH Training. The Contractor shall brief the local iWATCH program (training standards provided by the RA’s Anti-Terrorism Officer (ATO)) to all the Contractor’s employees and associated subcontractors. This training is used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR/ACOR. The Contractor shall complete the training within thirty (30) calendar days of contract award, new employees will complete the training within five (5) calendar days of commencing performance. COR will provide iWATCH training slides within five (5) business days of contract award.

2.3.3 Safety. The Contractor shall safeguard and maintain all Government and Contractor property, as well as provide for the safety and well-being of personnel employed under this contract. The Contractor shall comply with AR 385-10, The Army Safety Program.

2.3.3.1 Safety Plan. The Contractor shall develop and implement a safety program for its employees. The Contractor shall submit the Safety Plan to the KO for review and acceptance within ten (10) days of commencement of work. Revisions shall be submitted five (5) calendar days prior to the effective date of change.

2.3.3.2 Occupational Safety and Health. The Contractor shall comply with the Occupational Safety and Health Administration (OSHA) standards. The Contractor shall comply with all applicable Federal, State, and local laws, regulations, and directives.

2.3.4 Training, Physical Requirements, or other Expertise Required.

2.3.4.1 The Contractor shall ensure all Contractor’s employees and associated subcontractors are certified or licensed in the specific areas required by the State of Maryland. The Contractor shall ensure employees are certified or licensed in the appropriate Environmental Protection Agency (EPA) areas required. The Contractor shall ensure all required documentation of certification or licensure for Contractor personnel are filed with the COR/ACOR within twenty-four (24) hours prior to employees commencing performance.

2.3.5 Environmental Requirements.

2.3.5.1 Green Procurement. Section 6002 of the Resource Conservation and Recovery Act of 1976 (RCRA) requires the use of recycled and recovered products identified in the EPA’s Comprehensive Procurement Guidelines.

2.3.5.2 The Contractor shall use these recycled or recovered products unless they cannot be procured within a reasonable period not to exceed seven (7) calendar days; at prices not to exceed five (5) percent of prevailing rates; or the product(s) does not meet technical or performance standards. EPA Guidelines are the minimum requirement. The Contractor shall use materials and products commonly used in industry. The Contractor shall maintain records and submit an annual report to the COR/ACOR, along with the annual certification required by FAR 52.223-9 (Certification and Estimate of Percentage of Recovered Material Content for EPA Designated Items), upon completion of the base year and each option year.

2.3.5.3

2.3.5.3 Environmental Compliance. The Contractor shall comply with all Federal, State, local, and installation environmental laws, rules, plans, and policies. The Contractor shall use and store all materials, chemicals, and equipment used in the performance of services completed on the installation in accordance with industry standards, local, State and Federal laws, and in accordance with the manufacturers' recommendations. The Contractor shall be financially responsible for all fines and associated costs for hazardous waste management, transportation, and disposal of waste due to the Contractor's non-compliance. The Contractor shall submit Safety Data Sheets (SDS) for approval on all materials, five (5) days before delivery of the material, to the COR/ACOR. The Contractor shall provide, upon request from the COR/ACOR, all required data to meet environmental-mandated reporting requirements (e.g., air emission data, hazardous material storage/usage, herbicide/pesticide usage, solid/hazardous waste generation). The Contractor shall provide data to meet reporting deadlines and during compliance inspections upon request from the COR/ACOR.

2.3.5.4 Spill Plan. The Contractor shall notify the COR/ACOR within one (1) hour, if the Contractor spills or releases any hazardous substances, i.e., substances listed in 40 CFR 302, Designation, Reportable Quantities, and Notification. The Contractor shall submit a Spill Plan to the KO for approval within thirty (30) days of contract award IAW Spill Prevention Control and Countermeasure Plan.

2.3.6 Contingency Plans.

2.3.6.1 General. The Contractor shall establish, maintain, and implement contingency plans for mobilization, disaster, and labor dispute contingencies. The plans shall assume no Government support to the Contractor workforce. The Contractor shall, within thirty

(30) days of contract award, designate in writing a single contact Designated Contingency Coordinator (DCC) within the Contractor’s organization. The DCC shall participate and coordinate with the installation contingency and mobilization planning activities. The DCC shall participate in the installation mobilization planning and execution conferences; and shall modify and maintain appropriate Contractor contingency plans to compliment or enhance corresponding installation plans. The Contractor shall submit all plans to the COR for approval.

2.3.6.2 Mobilization Contingency Plan. This plan shall establish procedures, personnel, and means of maintaining or expanding performance of all PWS requirements in the event of rapid deployment or sudden build-up of military forces. The Contractor shall submit a Mobilization Contingency Plan within (30) days of contract award.

2.3.6.3 Disaster Contingency Plan. This plan shall establish procedures, identify personnel, document essential PWS disaster services and identify the means of maintaining essential PWS services during disasters. Disaster means natural disaster (e.g., earthquake, major storm, flash flood, or hurricane), utility outage, terrorist attack or other special circumstances identified by the Government. The Contractor shall submit a Disaster Contingency Plan within thirty (30) days of contract award.

2.3.6.4 Dispute Contingency Plan. This plan shall establish procedures and identify responsible personnel to provide the services below, with no interruption in the event of a labor dispute:

2.3.6.5

a. Identify and address critical Preventive Maintenance and inspection tasks,

b. Maintain electrical emergency generators, and

c. Process and execute emergency and urgent service and work orders.

The plan shall establish procedures and schedule to secure replacement personnel in the event of a strike; and shall also record the Contractor’s experience with and establish Contractor procedures for collective bargaining. The Contractor shall submit a Labor Contingency Plan NLT contract start date.

2.3.6.5 Plan Updates. The Contractor shall update these plans as changes occur and shall submit a copy of the proposed plan to the KO for approval at least thirty (30) days prior to the proposed effective date of the updated plan.

3.0 Performance Requirements and Standards.

3.1 High Level Objectives (HLO).

3.1.1 Performance Task Requirements, Standards and Acceptable Quality Levels (AQLs).

3.1.1.1 Damage Caused by Contractor. Damages caused by Contractor employees shall be repaired at no cost to the Government. The Contractor shall notify the COR/ACOR and return the damaged area to its previous condition. The Contractor shall furnish all labor, materials, and equipment to perform the repair work including cultivating and applying seed, sprigging, or placing sod. The Contractor shall maintain all turf repair to ensure successful growth.

3.1.1.1.2 Damage Report. The Contractor shall submit a monthly damage report to the COR/ACOR that annotates the damage, corrective action, and date corrected (If applicable).

3.2 Transition (Phase In/Phase Out). Per FAR 52.237-3, Continuity of Services (Jan 1991) the contractor shall prepare and submit a Phase In/Phase Out Plan to be implemented by the Contractor. The Contractor shall have key personnel on board, during the (90) day transition period. The plan shall specify a training program and a date for transferring responsibilities for the work and shall be subject to the KO's approval. The Contractor shall provide sufficient experienced personnel during the phase-in and phase- out period to ensure that the services are maintained at the required level of proficiency.

4.0 Performance Requirements Summary (PRS) Matrix.

Required Services

Method of Surveillance Incentive (Positive and/or Negative)

# 1.

Contractor shall ensure all task accomplished meets all maintenance and repair standards and all applicable Federal, State, and local laws, regulations, and directives to include, but not limited to applicable publications in Section 7, Related Documents.

The Contractor shall provide services IAW PWS, para. 1.2.

Fuel Delivery, Scheduling, and Repairs

2% Deviation from performance Standard;

% calculated by dividing the number of defects by the number of observations.

Random Sampling and Customer Complaints; Inspections and complaint validations performed by the COR/ACOR.

Contractor compliance rate shall be utilized as objective evidence of contract compliance and documented into the CPAR System;

Contractor shall re-perform the service.

# 2.

The Program Manager shall be available after normal duty hours to serve as the central point of contact for Contractor operations.

The Contractor shall provide a central point of contact IAW PWS, para.

2.1.4.1.

Zero Deviation from performance standard

100% daily and verification/confirmation by the COR/ACOR.

Non-conforming services will result in Non- Conforming Reports issued to Contractor and potential negative CPARS report.

#3.

The Contractor shall develop and maintain a Quality Control Plan approved by the KO.

The Contractor shall provide a QCP IAW PWS, para, 4.2.

Zero Deviation from performance standard.

Review and acceptance by the by the KO on submission of QCP and each revised QCP.

Non-conforming services will result in Non- Conforming Reports issued and a potential negative CPARS narrative.

# 4.

The Contractor shall remove, from the job site, any employee for reasons of misconduct or security.

Employee conduct complies with 41 U.S.C. 423, Procurement Integrity, IAW PWS para. 2.1.11.1.6.

Zero Deviation from performance standard.

The COR/ACOR will review 100% of Contractor reported occurrences of Contractor employee misconduct, including but not limited to violations of any provision indicated at 41 U.S.C. 423, and/or security violation to ensure the offending employee is removed from the job site.

Non-conforming services will result in Non- Conforming…