PWS generators.docx

PERFORMANCE WORK STATEMENT (PWS)

FOR

GENERATOR MAINTENANCE AND SUPPORT CONTRACT

1.0 General:

1.1 Objective: The Contractor is responsible for providing all personnel, equipment, tools, materials, supervision, quality control and other items and non-personal services necessary to perform generator maintenance and repair, load testing and rental service for generators that are waiting to be repaired as defined in this PWS, except as specified in Paragraph 3.0 as Government Furnished.

1.2 Background: Letterkenny generators support functions for the Depot and when mission requires rental generators are used to support the Depot maintenance facilities.

1.3 Period of Performance (POP): The Ordering Period will be five years. Dates will be shown in the solicitation and contract.

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 within 30 days of contract award. 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 Contract Officer’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 shall be applied, the frequency of surveillance, and acceptable quality level(s) (defect rate(s).

1.4.2.1. Interference with Government Operation: The Contractor and the Contractor’s employees shall perform all work in such a manner as to avoid interference with regularly scheduled Government operational activities.

1.4.2.2. Service Cooperation: The Contractor shall cooperate fully with the KO and COR (Contracting Officer Representative) to accomplish work in support of the Depot and its assigned mission. In order to fulfill the intent of the contract, the Contractor must be flexible in meeting changing requirements and priorities. The Government reserves the right to reprioritize the work to be done under the contract in order to meet changing needs and requirements, so long as such changes are within the services to be provided by the Contractor. Any such changes will be performed at no additional cost for the services rendered.

1.4.2.3. Losses or Damages Caused by the Contractor: The Contractor agrees to save harmless the Government from any claims for damage to property, bodily injury, or death resulting from activities of the Contractor, his agents, servants, and employees. The Contractor shall be held accountable and liable to the Government for any damages to, but not limited to Government facilities, fixtures, furnishings, equipment, telephone pedestals, electrical apparatus or grounds caused by the Contractor or his employees. The Contractor shall verbally notify the KO or COR immediately following any occurrences. The Contractor shall submit to the KO or COR within twenty-four (24) hours following occurrences of any such damage, loss or injury, a complete report of the incident.

1.4.2.4. Accident Prevention: In order to provide safety controls for protection to the life and health of employees and other persons; for prevention of damage to property, materials, supplies, and equipment; and to avoid work interruptions in the performance of this contract, the Contractor shall comply with all pertinent provisions of the Army's safety regulations and shall also take or cause to be taken such additional measures as the KO may determine to be reasonably necessary for the purpose.

1.4.2.5.1. If the KO notifies the Contractor of any non-compliance with foregoing provisions and the action to be taken, the Contractor shall, after receipt of notice, immediately correct the deficiencies. Such notice when delivered to the Contractor or his representative at the site of work will be deemed sufficient for this purpose. If the Contractor fails or refuses to comply promptly, the KO may issue an order stopping payment on work performed under this contract until satisfactory corrective action has been taken.

1.4.3 Recognized Federal Holidays:

1.4.3.1 New Year’s Day: January 1

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: June 19

1.4.3.5 Independence Day: July 4

1.4.3.6 Labor Day: First Monday in September

1.4.3.7 Columbus Day: Second Monday in October.

1.4.3.8 Veteran’s Day: November 11

1.4.3.9 Thanksgiving Day: Fourth Thursday in November.

1.4.3.10 Christmas Day: December 25

1.4.3.12 When an observed holiday falls on a Tuesday or Thursday, the Depot regularly schedules a closure on the corresponding Monday or Friday.

1.4.3.11 The Depot recognizes a regular closure day which occurs every other Friday. When an observed holiday falls on a Tuesday or Thursday, the Depot’s regularly scheduled closure day moves to the corresponding Monday or Friday.

1.4.4 Place and Performance of Services: The Contractor shall provide services between the hours of 0630 and 1600 on 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 various locations across the Depot. The Contractor shall at all times maintain an adequate work force 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)., Chambersburg, PA.

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. Contractor shall provide the required information before employee starts work than once yearly. Should the Force Protection Condition (FPCON) change, the Government may require changes in Contractor security matters or processes.

1.4.5.1 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.

1.4.5.2. 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 Army Depot.

1.4.5.3. 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.

1.4.5.4 AT Level 1 Training: 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/

1.4.5.5 iWATCH Training: 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/

1.4.5.6 Level 1 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/

1.4.6 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 operating any equipment used in the performance of this contract. Contractors 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. Certifications and licenses shall be provided to the COR after award. When new employees are hired any licenses or certifications shall be provide to the KO/COR before the employee may work on Depot. NOTE: The Government does not provide training to Contractors.

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 shall 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 within 5 days. 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 once the contract is awarded. 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. The CM or CM’s designee shall be physically present 0630-1600 Monday-Friday, or when work is being performed.

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, 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, such action is in the best interest of the Government. 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. 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.

1.4.9.6. Employee Appearance: Contractor employees shall be appropriately dressed including any necessary individual protective clothing, equipment and uniforms, for the work to be done.

1.4.9.7. Contractor’s Vehicles: POVs are not permitted in the Munitions Center. Any non-POV vehicles that enter the area must be clearly marked with company logo.

1.4.12 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 and LEAD PAO. 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.

1.4.10. 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.

1.4.11. Damages: The Contractor agrees to save from harm, the Government for any claims or damage to property, bodily injury or death resulting from activities of the Contractor, his agents and employees. The Contractor shall be held accountable and liable to the Government for any damages to Government facilities, fixtures, furnishings, equipment or grounds caused by the Contractor or his employees.

1.4.12. 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. All Contractor personnel shall be required to obtain and wear badges.

1.4.13. 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 shall 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.

1.4.14. Invoicing: Upon completion of all services, the Contractor shall submit a detailed invoice with line item breakdowns to the COR. Payment will be made monthly upon submission of a correct invoice through Wide Area Work Flow (WAWF).

1.4.15. 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 COR. Unusual soiling of an area which may affect the performance of the work will be reported to the KO or his representative. Unhealthful or hazardous conditions, or interference with the work caused by Government employees will be reported immediately to the KO or his representative.

1.4.16. 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.

1.4.17.1 T&M Invoicing Labor. The contractor shall only invoice at the agreed upon fully loaded T&M labor rate. Travel expenses are not reimbursable under this contract.

1.4.17.2 T&M Materials. The contractor shall invoice all material at cost only. No indirect cost and fees on material will be approved. No rental or lease fees for parts or equipment needed that will not be incorporated into the generators systems will be approved.

1.4.17.3 T&M Funding. The T&M CLIN, is not to exceed the ceiling price established upon award. The contractor exceeds the currently funded amount at their own risk. Contractor shall be solely responsible for all costs incurred above the currently funded amount. The contractor shall notify the COR upon reaching eighty (80) percent of the funded T&M line item amount to allow the Government to consider adding additional funding if available.

2.0 Definitions and Acronyms:

2.1.1. ACCOUNTABILITY: The basic obligation imposed by law, lawful order, or regulation, upon a person to establish and keep accurate record(s) of property, documents, or funds. The person having this obligation may or may not have actual possession of the property, documents, or funds.

2.1.2 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.

2.1.3 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.

2.1.4 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.

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

2.1.6 DELIVERABLE. Anything that can be physically delivered and includes non-manufactured things such as meeting minutes or reports.

2.1.7. FAR: Federal Acquisition Regulations: The Federal Government’s regulation for the execution of all federal acquisitions and purchases with contractors and suppliers. It contains clauses which may or may not be included in the contract.

2.1.8. GOVERNMENT: United States of America, U.S. Army, and/or Letterkenny Army Depot.

2.1.9. HAZARDOUS WASTE: A waste as defined in title 40, CFR, Part 261.3.

2.1.10. INSPECTION: The examination and testing of supplies or services to determine whether they conform to contract requirements. Inspections could be administered by the Inspector or the COR.

2.1.11. 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.

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

2.1.13. POC: Point of Contact

2.1.14 QUALITY ASSURANCE. The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.15. QUALITY ASSURANCE EVALUATOR (QAE): Representative of the Contracting Officer who normally performs surveillance of the contract.

2.1.16 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

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

2.1.18 SUBCONTRACTOR. One that enters into a contract with a prime Contractor. The Government does not have privity of contract with the subContractor.

2.1.19. TPOC: Technical Point of Contact.

2.1.20. WAWF: Wide Area Workflow communication allows vendors to submit and track invoices and receipt/acceptance documents over the web and allows Government personnel to process those invoices in a real-time, paperless environment.

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

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

2.2 ACRONYMS:

3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S): The Government shall provide the facilities, equipment, materials, and/or services listed below:

3.1 Facilities: The Government will not 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: None

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.

4.1.1. 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.

4.1.2. 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.

4.1.3. 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. No equipment may be parked within fifty (50) feet of a building in the Ammunition Area.

4.2 Delivery: Contractor shall be responsible for connecting the mobile generator to the load upon delivery. Letterkenny Army Depot (LEAD) Directorate of Public Works (DPW) will designate a connection point.

4.3 Fuel: It is the responsibility of the Government to fuel the units while in use at Letterkenny Army Depot.

5.0 Requirements: The Contractor shall provide the service of Annual Load Bank Test and Annual Building Load Test, follow-up/remedial maintenance, and emergency maintenance of the Generators identified within Technical Exhibit 3 of this PWS.

5.1 Annual Load Tests

5.1.1 Annual Load Bank Test: Perform a 100% load bank test on the generator set to verify complete system capability and full engine and generator set performance. Load bank test is necessary to reduce wet stacking on diesel engines.

5.1.2 Annual Building Load Test: Perform a building load test on the Emergency Power Generator System to verify complete system capability and building load acceptance and compatibility. This shall include a 2 hour building load test on each generator. Contractor shall inform the COR one (1) week in advance of beginning the Building Load Test.

5.1.3. Schedule: Contractor shall submit schedule 30 days prior to start of the ordering period and 15 days prior to the start of the service month for updates to the COR.

5.1.4. Reports: Contractor shall within 24 hours of inspection submit a report to the COR indicating results of the inspection to include remedial and emergency repairs that need addressed.

5.2 Maintenance and Repairs:

5.2.1 Follow Up/Remedial Maintenance: Follow Up/Remedial Maintenance shall be completed based on deficiencies identified during Annual Load Bank Test and Annual Building Load Test and necessary repairs identified by the Government. Repairs shall be accomplished on a time and material basis. All additional repairs, parts or services which are required to bring the Emergency Power Generator Systems into an operational condition shall be brought to the attention of the COR/KO immediately and followed-up with a detailed quote within forty-eight (48) hours. Repairs shall only be made after the proper authorization from the COR/KO is given. Contractor response time for non-emergency services is within 72 hours after notification by the COR/KO. Contractor shall be given fourteen (14) days upon COR/KO approval to complete non-emergency repairs identified. This shall not be construed to mean that the contractor has exclusive rights to perform all non-emergency maintenance. The Government reserves the right to perform non-emergency repairs in-house as required.

5.2.2 Emergency Response: The Contractor is required to provide emergency repair services within 2 hours following the notification by the COR/KO including holidays. In the event that Emergency repairs are necessary the Contractor shall provide any services necessary to rectify the immediate emergency as emergency repair maintenance. Any additional repairs, maintenance or service required shall be performed at non-emergency rates for labor.

5.2.3. Quote for Services: The Contractor shall provide a repair service quote to the COR on all repair services before the services are started. Once the quote is approved the COR shall notify the Contractor to proceed.

5.2.4. The quote shall include a breakdown of labor, and parts and materials line by line that shall be used on equipment being repaired.

5.2.5. Invoices for maintenance and repairs will be broken out by type of labor (emergency or non-emergency) and parts. All parts invoiced to the Government shall be accompanied by the actual price list.

5.3 Disposal: Contractor shall dispose of all waste products, including but not limited to, used oil, used coolant, used parts, used gaskets and other waste material used to perform services in accordance with Environmental Protection Agency (EPA), Department of Environmental Protection (DEP) and Pennsylvania Department of Environmental protection (PADEP) regulatory guidelines. The disposal site shall be determined by the Contractor and shall not be on LEAD.

5.4 MOBILE POWER GENERATION EQUIPMENT REQUIREMENT: The Contractor shall provide the service of Mobile Power Generators identified within this PWS on an “as needed” basis. The Contractor shall have the capability to deliver all Mobile Power Generators requested within the minimum response time of 8 hours from the time the generator is requested to the time it is delivered on-site in a ready-to-connect configuration. It is the responsibility of the Contractor to provide all necessary conductors, materials and labor to connect the generator to the load. The distance from the generator to the load shall not exceed 100 feet, unless the threat condition of the Government prevents the generator from being placed within the 100 feet. The Government shall provide lugs in a disconnect switch or distribution panel board to constitute the point of connection to the load. All power generation units shall contain integral diesel fuel tanks.

5.4.1. The Contractor shall be able to supply any or all of the following power generators: 50kw 120/240v 1 ph, 80kw 120/208v 3ph, 150kw 120/208v 3 ph, 500kw 277/480v 3 ph.

5.4.2. The Contractor is responsible for providing service and support for generators on site. Mobile generators in need of repair shall be removed from the site and replaced with a unit that is fully functional and in good working order within 4 hours. Maintenance and repairs to mobile generators shall be the responsibility of the Contractor and the Government is not responsible for expenses incurred.

5.4.3. The Government is not responsible for expenses related to repairing mobile units damaged by abuse, accident, theft, acts of a third person, forces of nature or unauthorized altering of equipment.

5.4.4. The Contractor shall provide mobile generators around the clock, 24 hours a day, 7 days a week, and 365 days a year to include all holidays.

6.0 Applicable Publications: Publications applicable to this PWS are listed below:

6.1 Publications applicable to this PWS are listed below: 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 shall 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 shall follow the latest addition to any regulation, pamphlet, law or memorandum.

6.2 Other Manuals: All LEAD Regulations, Pamphlets, and Memorandums apply to any work performed on Depot. A non-exclusive list includes:

6.3 Other Rules and Regulations: The Contractor shall comply with all applicable federal, state and local laws, executive orders, rules and regulations applicable to its performance under this contract.

6.4.1 Local Rules and Regulations: The Contractors, subContractors, suppliers and their employees shall be governed by local, state and federal Laws along with installation rules and regulations. Provisions for unescorted access into buildings are outlined in Chapter 2 of AR 190-16.

6.4.2 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.

6.4.3 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.

6.4.4 Safety Requirements

6.4.4.1. The contractor is reminded that LEAD maintains a Safety Management System (SMS), LEAD-R 385-1 and is ISO 45001 certified, AS 9100 and AS 9110 Certified.

6.4.4.2. The contractor shall make themselves familiar with LEAD’s local safety regulation LEAD-R 385-1 prior to beginning any work at LEAD. The ‘LEAD Safety and Occupational Health Program’ (LEAD 385-1) can be found at https://www.letterkenny.army.mil/Visitors-Information/

6.4.4.3. All contractor supervisors and employees shall read and be knowledgeable of the governing SOP(s) prior to signing the SOP(s) and starting the operation.

6.4.4.4. It is the contractor’s responsibility to be familiar with these documents and to comply with their contents.

6.4.4.5. Any and all on-site work at LEAD shall be completed in accordance with applicable OSHA, DoD, DOT, Army, LEAD 385-1, and LEAD Safety Bulletins safety requirements. General information requirements related to safety and fire prevention included in sections of the PWS.

6.4.4.6. As a federal installation, additional requirements other than OSHA apply to contractors performing work at LEAD. Examples include full conformance to ANSI standards, NFPA standards, ASE B.30.22-2016, 29 CFR 1910, 29 CFR 1910, SAIA A92, ASSP A1264.1, TB43-0142, LEAD-R 420-13, manufacture’s recommendations for maintenance and safe operation, 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. In case of a conflict among these laws and regulations, the most stringent law or regulation shall apply.

6.4.4.7. The Contractor shall develop, document, and implement an effective safety and health program for this contract, including a corporate safety and health plan. This corporate safety and health plan shall be submitted to the KO/COR and Safety Office for approval within thirty (30 days) after contract award.

6.4.4.8. A list of hazardous materials will be maintained at all times on LEAD worksites. All chemicals used on worksites must be vetted and approved by the LEAD safety office prior to use. The AMLD Form 4783 Contractor Chemical Checklist must be submitted along with the appropriate safety data sheets (SDS) for approval prior to any chemical use on LEAD worksites. All SDS’s must be present on file at all worksites as well as complete copies forwarded to the LEAD safety office. The LEAD safety office, may at any time inspect all worksites, including storage areas, to audit chemical inventories and there corresponding SDS’s for compliance LEAD-R 385-1, Safety Bulletin 23-01.

6.4.4.9. 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. All SDSs must be included in the work package using AMLD Form 4783 LEAD Contractor Chemical Checklist to be reviewed by the Safety Office, Industrial Hygiene, Fire Protection, and the Environmental Management Division.

6.4.4.10. Equipment service and preventative maintenance shall be conducted accordance with the equipment manufacturer specifications, and according to the frequency recommended by the manufacturer. The coordination of the repairs shall be scheduled with the COR and the COR shall communicate the schedule to DPW and DIO Director prior to actual work.

6.4.4.11. 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. Certifications and licenses shall be provided to the COR after award. When new employees are hired any licenses or certifications shall be provide to the KO/COR before the employee may work on Depot. NOTE: The Government does not provide training to Contractors.

6.4.4.12. All contractor personnel shall wear the appropriate PPE when in the following work areas: industrial buildings, at construction sites, test sites and test facilities. Failure to wear/use PPE may cause removal from the job site and/or seizure of non-compliant equipment/items.

6.4.4.13. 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.

6.4.4.14. The contractor shall comply with reporting requirements of 29 CFR Part 1904, AR 385-40 and APGR 385-4, and shall report accidents resulting in injury or death and accidents resulting in damage to Government property, supplies, and equipment to the COR promptly of the occurrence. In case of injury/accident, the contractor shall complete an injury/accident investigation report and submit it to the COR Office with a copy to the LEAD Safety Office within 24 hours of the event, regardless of if the event is reported to another Safety Management System (SMS).

6.4.4.15. 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.

6.4.4.16. As part of the applicability of engineering controls, all equipment with rotating and moving parts at point of operation shall comply with LEAD 385-1 Chapter 17-3 machine guarding requirements.

6.4.4.17. Accidents: Any and all accidents, including property damage and injury/illness, that occur as a result of the execution of this contract, on or off the LEAD worksite, shall be reported immediately by the most expeditious means possible, but not more than one hour, to the COR and the KO. Subsequent notification will then be immediately made to the LEAD Safety Office and other applicable LEAD entities such as the fire department and the Directorate of Public Works. The contractor will investigate all accidents resulting in property damage or injury/illness to determine a root cause. Immediate and appropriate action will be taken by the contractor to prevent recurrence. Objective evidence of the investigation and corrective action shall be maintained by the contractor and provided to the COR and KO upon request.

6.5. 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 shall apply. If a Federal, State, or regulatory agency assesses any fine, penalty, or fee against the Government that is attributable to Contractor non-compliance 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 non-compliance with any applicable environmental law or regulation, the KO shall 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.

6.5.1. Toxic/Hazardous Material and Waste Management: The Contractor shall have available at each work site where hazardous materials are used and stored, the applicable Safety Data Sheets (SDS). The Contractor shall use the DoD Hazardous Material Information System (HMIS) to research the availability of and to order SDS. The SDS shall be readily available to employees and the KO or COR. The Contractor shall ensure employees are trained in the proper handling of hazardous materials.

6.5.2. The Contractor shall use Contractor-obtained environmentally preferred products for the performance of this contract. The Contractor shall provide the KO or COR with a listing of hazardous materials, quantities to be used, and copies of applicable SDS. All hazardous materials shall be stored IAW requirements in the SDS and Installation Fire, Safety and Environmental regulations.

6.5.3. 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 COR of any emergency releases of hazardous materials in the format required by EPCRA, 40 CFR 355.40.

6.5.4. 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.

FAR Subpart 42.5 Post Award Orientation

Pennsylvania Air Pollution Control Act (PA Code, Title 35, Chapter 23- Air Pollution)

EO 12088 Chapter 260a - Federal Compliance with Pollution Control Standards

40 CRF, Part 260, Hazardous Waste Management System

40 CRF, Part 261, Identification and Listing of Hazardous Waste

40 CRF, Part 262, Standards Applicable to Generators of Hazardous Waste

40 CRF, Part 263, Standards Applicable to Transporters of Hazardous Waste

40 CRF, Part 264, Standards of Owners and Operators of Hazardous Waste Treatment, Storage and Disposal Facilities

40 CRF, Part 265, Interim Status Standards for Owner and Operators of Hazardous Waste Treatment, Storage and Disposal Facilities

Army Regulation 420-1, Army Facilities Management

Pennsylvania Air Pollution Control Act (PA Code, Title 35, Chapter 23- Air Pollution)

TECHNICAL EXHIBIT 1

Performance Requirements Summary

This Performance Requirements Summary includes performance standards. The Government shall use these standards to determine Contractor performance and shall compare Contractor performance to the Acceptable Quality Level (AQL).

PWS Paragraph

Task

Performance Standard

with quality of work performed Customer Feedback from DPW Service Desk

Periodic Surveillance by COR

with quality of work performed Customer Feedback from DPW Service Desk

Periodic Surveillance by COR

with quality of work performed Customer Feedback from DPW Service Desk

Periodic Surveillance by COR

with quality of work performed 100% Surveillance by COR

with quality of work performed Customer Feedback from DPW Service Desk

Periodic Surveillance by COR/KO

5.4. – 5.4.4.

TECHNICAL EXHIBIT 2

Deliverables Schedule

Submission

COR & KO

Submission

COR & KO