PWS W911N2-25-R-0015.pdf

PERFORMANCE WORK STATEMENT (PWS)

FOR

RAILROAD CAR MOVEMENT SERVICE

1.0 General: Letterkenny Munitions Center (LEMC), Chambersburg, PA, seeks to contract with a vendor to provide railroad switching services for LEMC. This vendor will have to PA & Southern, because they own the rail from Gate 4 at LEMC to the outside of the Letterkenny Army Depot which is located in the private sector.

1.1 Scope: The contractor shall provide all personnel, equipment, tools, materials, supervision, quality control, and other items, and non-personal services necessary, to perform the required railroad switching service as defined in this PWS, except as specified in Paragraph 3.0 as Government Furnished. The contractor shall perform to the standards in this contract, which shall include this PWS. The Contractor shall be obligated to ensure adequate and dependable railroad switching services to LEMC, for the rail movement of munitions and other military rail movement requirements. These services shall be in accordance with the following references: State and Federal safety, fire and railroad operations laws/codes, and any other requirements as stated herein, for all areas within the Government areas served. The Contractor shall be responsible for compliance when state and federal laws/regulations are changed, or new ones are placed into effect.

1.1.1 Readiness Standard: The contractor shall comply with Federal Railway Administration (FRA) regulations. Locomotive readiness will be established and executed by the Director, Defense Non-Tactical Generator and Rail Center (DGRC).

Maintenance programs for locomotives will be established by the Commander U.S. Army Tank-automotive and Armaments Command (TACOM) Life Cycle Management Command (LCMC), in accordance with Army Regulation 56-3 Management of Rail Equipment Chapter 7, Maintenance Support for Railroad Equipment and Chapter 8, Repair, Replacement, and Disposition of Railroad Equipment.

1.1.2 Mandatory Inspections: The contractor shall provide the space required to conduct government based mandatory inspections. The mandatory inspections are to ensure the rail equipment is maintained and reported in compliance with Army regulations, TACOM representatives will be conducting the mandatory technical inspection of all locomotives at least once every 12 months. Inspections will be made for other DoD components that request and provide funds for this service. The inspection will be conducted regardless of the means of maintenance support and/or the organization providing the support. A report of the said inspections will be documented and sent to the COR via email, at a frequency designated by the government COR.

1.1.3 Repair, Replacement, and Maintenance of Railroad Equipment: shall include, but is not limited to:

1.1.3.1 Repair criteria:

1.1.3.1.1 Technical Inspections: An experienced, technically qualified rail technician shall inspect all rail equipment at least once annually.

Unserviceable equipment shall be inspected by a qualified rail technician before repair or before being sent to the next higher supporting maintenance facility for repair. The inspection report shall include defects and malfunctioning components and the estimated cost of restoring the equipment to standard operating condition. A report of the said inspections will be documented and sent to the COR via email, at a frequency designated by the government COR.

1.1.3.3 Maintenance: Performance of maintenance shall be in accordance with TM 55 202-/TO 45A2-2-1-2, TM 55-203-/TO45A-1-101 and other technical manuals related to specific items of equipment. Maintenance reporting and recording for all DoD components shall be in accordance with DA PAM 738-750.

Organizational maintenance on assigned utility rail equipment is the responsibility of the contractor.

1.2 Background: Letterkenny Munitions Center, Letterkenny Army Depot, and the Installation Complex. The Installation complex consists of the military installation owned by the United States Government (LEAD/LEMC) and a commercial entity known as the Letterkenny Industrial Development Authority (LIDA)/ Franklin County General Authority (FCGA). LIDA/FCGA owned and/or operated the railroad track outside of LEMC however they have sold this property to PA & Southern Railway LLC. LEAD/LEMC owns the track within LEMC. The contractor shall obtain use of the Engine House (Building # 433).

1.2.1 Railroad Systems. The railroad system within the Installation complex consists of railroad track including main lines and sidings, and associated switches, flange-ways, and other facilities essential to railroad operations. The track within the current installation complex outside of LEMC has been transferred to LIDA/FCGA by long term easement or deed and subsequently to PA & Southern Railway LLC. LEAD/LEMC retains ownership of all railroad tracks within the boundaries of the Ammunition Area (LEMC).

The Contractor agrees to perform all tasks in a safe and prudent manner and to employ the standards of due care and the ordinary customs of the railroad industry in order to prevent damage to the rail network and other Government-owned property. The rail network is construed to include all track, switches, drainage structures, and related facilities located within LEAD/LEMC.

The Contractor shall be responsible for and held liable for any loss or damage to the rail network and any other Government-owned property that results from simple negligence, misconduct, or lack of good faith on the part of the railroad.

1.2.2 Safety Laws/Codes: The contractor shall comply with all Federal, State and local environmental and safety laws and shall be responsible for all environmental actions and coordination applicable to Federal, State, and local agencies as may be required to execute their portion of this contract. This shall include, but not be limited to, all assessments, studies, permitting and coordination required to comply with Federal, state and local laws regarding endangered species, historic/archaeological sites, and hazardous/toxic materials. The Government will perform assessments necessary to determine and define existing environmental conditions within the boundaries of the Government reservation at the start of performance of this contract.

1.2.3 Safety: All agencies operating or using Army-owned or leased utility rail equipment will develop and implement a rail safety program. The program will comply with applicable safety procedures, using the following publications as guides where appropriate.

(1) FM 55-21.

(2) TM 55-203.

(3) Title 49, Code of Federal Regulations.

(4) AAR Field Manual, Rules for Interchange of Railroad Cars.

Trains will operate at safe speeds as governed by track conditions. Service will be suspended where minimum track safety standards are not met. The installation Director of Public Works should immediately notify the installation transportation officer, verbally and in writing, of any track conditions requiring train operations to be restricted or suspended.

1.3 Period of Performance (PoP): The Period of Performance shall be one Base Year of 12 months and (4) four, 12-month option years. The Period of Performance reads as follows:

1.4 General Information:

1.4.1 Quality Assurance (QA): The Government will inspect and maintain the railroad in LEMC in accordance with U.S. Department of the Army standards. The contractor shall inform the COR in writing of any concerns or problems with track conditions encountered during its deliveries to LEMC. The following procedures shall apply:

1.4.1.1 For repair issues that do not impact the contractor’s immediate operational safety, the contractor shall inform the COR in writing of the specific concerns or items requiring attention. The Government will re-inspect the area(s) of concern and advise the Contractor of any actions to be taken by the Government, to include the time frame in which it expects to accomplish the repairs.

1.4.1.2 In the event the contractor identifies items that he believes require emergency repair efforts, the contractor shall immediately notify the COR of the deficiency and shall provide sufficient detail for the Government to locate and inspect the track. The Government will complete the inspection of the area within two hours and, if warranted, will declare the track unsafe and close it to further use, and will immediately implement repair procedures. The COR will notify the contractor of the anticipated down time required to complete the repairs.

1.4.2 Recognized Holidays: The following link provides all recognized US holidays:

https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/. The contractor shall not, unless stated as an emergency by the Government, perform services on these days.

1.4.3 Place and Performance of Services: The contractor shall provide railroad switching services between the hours of 0630 and 1630 on Monday through Thursday, 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 the designated rail switching service sites. 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 Security Requirements:

1.4.4.1 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 Special Qualifications: The Contractor shall employ experienced, responsible and capable employees in the performance of the work. Contractor personnel shall possess all applicable licenses and meet all applicable requirements for railroad operations in accordance with industry standards. The Contractor shall also ensure that personnel employed in the performance of this contract meet the requirements of the Lautenberg Amendment and shall maintain evidence of compliance in the individual employee files for the duration of this contract. Contractor employees shall be trained in accordance with 49 CFR Part 172, Subpart H. The Contractor shall make available training records of employees upon request of the Government. The Government reserves the right to require that the Contractor remove from the Government reservation any employee who endangers Government personnel or property or whose continued employment under this agreement is inconsistent with the best interest of the Government.

1.4.6 Contract Manager (CM): The contactor shall provide a CM who shall ensure performance under this contract. The name of this person, and an alternate who shall act for the contractor when the CM is absent, shall be designated in writing to the KO. The CM or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

1.4.7 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 that require entry to the LEMC/LEAD facility will be required to obtain and wear badges.

2.0 Definitions and Acronyms:

2.1.1 CONTRACT SWITCHING RAILROAD. A commercial company that provides switching and related services on industrial in-plant or military railroads. Related services can include providing and/or maintaining locomotives, track maintenance, car inspections and maintenance, equipment management, coordination with connecting carriers, intermodal terminal operations, car loading, and other related logistical services.

2.1.1 CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

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

2.1.3 CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S.

Government designated by the KO to monitor contractor performance. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

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

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

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

2.1.7 MAINTENANCE. This section will define an overhaul, a rebuild and a remanufacture. An overhaul is restoring an item to a completely serviceable condition as prescribed by maintenance servable standards. A rebuild is when an item is restored as nearly as possible to original condition in appearance, performance, and life expectancy. This requires completely disassembling the item, inspecting all parts or components, and repairing or replacing worn or unserviceable elements using original manufacturing tolerances and specifications.

Remanufacturing is when a rail asset is repaired to such an extent that it meets the characteristics typical of equipment presently coming off the production line. In general, this process would require the replacement of approximately 80 percent of existing component parts with new system.

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

2.1.9 QUALIFIED MAINTENANCE PERSONNEL. Individuals with a working knowledge of diesel engines, electrical systems, air systems, and other components specifically geared to locomotives, railway cranes, and rolling stock.

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

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

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

2.1.13 RAIL RESOURCES. Rail assets will be acquired according to the availability of commercial rail transportation assets. Army-owned rail equipment for use in the continental United States (CONUS) will generally be standard, commercially designed equipment comparable to equipment being used in commercial industry.

2.1.14 RAIL MAINTENANCE. Equipment acquired to operate in interchange service, will be maintained in accordance with AAR and FRA rules and practices. Utility rail equipment will be maintained to the same general standards, practiced by private industry operating similar fleets.

2.1.15 ROLLING STOCK. Railroad cars moved by a locomotive or other external means and used to transport freight or passengers. Use or design, such as box, flat, depressed center flat, gondolas, dump, hopper, tank, caboose, and passenger further categorize rolling stock.

2.1.16 SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.17 WORKDAY. The number of hours per day the Contractor provides services in accordance with the contract.

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

2.2 ACRONYMS:

AAR Association of American Railroads

AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DFRIF Defense Freight Railway Interchange Fleet DGRC Defense Non-Tactical Generator and Rail Equipment Center DOD Department of Defense FAR Federal Acquisition Regulation FRA Federal Railway Administration KO Contracting Officer LEAD Letterkenny Army Depot LEMC Letterkenny Munitions Center OCI Organizational Conflict of Interest ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TACOM Tank-Automotive Command TE Technical Exhibit

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

3.1 Facilities: The Government will furnish the necessary workspace for the contractor staff to provide the support outlined in this PWS. The Government will retain ownership of all railroad track and associated facilities within LEMC, to include approximately 15 miles of main line track and 7 miles of sidings and other track. The Government will perform required track inspections and all maintenance of track within LEMC.

3.2 Equipment: The Government will retain ownership of all Government-furnished property provided under this contract.

3.3 Property Acknowledgement: The Contractor shall, upon receipt, verify the quantity and condition of all Government-furnished property provided and or made available to the contractor under the terms of this contract and shall acknowledge receipt thereof in writing to the Government. In the event of damages or shortages of Government-furnished property, the contractor shall, within 24 hours after receipt, furnish a written report of such damages or shortages to the Government.

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 The Contractor shall furnish all facilities, labor, materials, tools, and equipment necessary to provide railroad switching/operations services to LEMC, including locomotives. The Contractor shall manage rail switching/operations to ensure adequate and dependable railroad switching services to LEMC within the service premises. The terms and conditions associated with use of Government furnished property are addressed in Paragraph 3.0.

4.1.2 Employee Qualifications: The Contractor shall employ experienced, responsible, and capable employees in the performance of the work. Contractor personnel shall possess all applicable licenses and meet all applicable requirements for railroad operations in accordance with industry standards. The Contractor shall also ensure that personnel employed in the performance of this contract meet the requirements of the Lautenberg Amendment and shall maintain evidence of compliance in the individual employee files for the duration of this contract. Contractor employees shall be trained in accordance with 49 CFR Part 172, Subpart H. The Contractor shall make available training records of employees upon request of the Government. The Government reserves the right to require that the Contractor remove from the Government reservation any employee who endangers Government personnel or property or whose continued employment under this agreement is inconsistent with the best interest of the Government.

5.0 Requirements: The contractor shall:

5.1 Rail car movement service: The contractor shall furnish all labor, materials, and equipment (except that listed herein as Government-furnished property) to perform for the Government the following rail car movement services efficiently and promptly:

5.1.1 The contractor shall furnish all labor, materials, and equipment (except that listed herein as Government-furnished property) to perform for the Government the following rail car movement services efficiently and promptly IAW Section 5.1 of the PWS. Contractor acquired original invoices: original paid invoices must be furnished to bill this clin at cost. Contractor tracking costs are limited to the five

(5) day charge limit with allowable costs for tracking limited to applicable overhead costs and G&A; not including profit only; allowable charged under this

CLIN.

5.1.2 Placement and movement of rail cars after or preceding line haul service. The term "line haul service" shall include first placement of loaded rail cars for unloading, the first placement of empty rail cars for loading, and the movement of empty/loaded rail cars to and from connections that move in the opposite direction.

5.1.3 All other intra-reservation placement and movement of rail cars as may be required by the Government.

5.2 Routine Switching Service: For the purpose of this agreement there are two types of rail car movements that fall under the category of switching as follows:

5.2.1 The contractor shall, for the purpose of this agreement there are two types of rail car movements that fall under the category of switching as follows: Per Section 5.2 of the PWS.

The movement of a rail car, whether loaded, partially loaded, or empty, from one point to another at the convenience of the Government, to include intra-reservation movement of loaded cars or unloaded cars. The movement of Department of Defense (DOD) rail cars for the purpose of “exercising” these cars to ensure an acceptable maintenance level. Invoicing requirements ICW this section will be followed fully for all railcar movements.

5.2.2 The movement of a rail car, whether loaded, partially loaded, or empty, from one point to another at the convenience of the Government, to include intra-reservation movement of loaded cars or unloaded cars.

5.2.3 The movement of Department of Defense (DOD) rail cars for the purpose of “exercising” these cars to ensure an acceptable maintenance level.

5.2.4 The contractor shall provide 52 days of routine service per year to the Government. A day of service shall be interpreted as any eight hours of service per day between the hours of 6:30 a.m. to 4:30 p.m., Monday through Friday. All routine switching service shall be accomplished within one (1) business day after notification by the Government.

5.2.5 The contractor shall coordinate with the Contracting Officer Representative (COR) to schedule inspections of loaded and empty cars at the Classification Yard #1 or other mutually agreed upon location. Government personnel will break seals, inspect cars, and direct cars to the spotting location in the Ammunition Area or other areas of the military installation as required. Unless otherwise directed, movement of cars shall be provided on the same business day as inspection is completed.

5.2.6 Suspect cars, defined as cars on which seals have been broken or on which the Government has reason to suspect that the packaging integrity of ammunition or explosives has been compromised, shall be moved to the Suspect Car Site in the Ammunition Area immediately after inspection. Suspect cars shall be spotted at this site and shall remain at this location until released for delivery by the Government. Movement of such cars after release will be coordinated with the contractor by the COR.

5.2.7 Prior to delivery to locations on the military installation, empty cars will be inspected by Government personnel, and must be approved for delivery prior to movement from the Classification Yard #1 or other mutually agreed upon location.

5.3 Additional Service Requirements: The contractor shall provide switching services beyond the 52 days specified in paragraph 5.2 above as required by the Government. This rate shall also be included as defined in paragraph 5.2 above.

5.4 Callouts: Callouts shall be defined as the contractor’s response to a requirement by LEMC for switching services which must be accomplished immediately and cannot wait for placement within the standard one business day response period. These services shall be provided within four hours of receipt of notification by the Government. This rate shall also be included as defined in paragraph 5.2 above.

5.5 Special Conditions: In the event of special situations such as a national/state emergency, increased state of military alert, or similar circumstance, the contractor shall have a plan in place by which on-call personnel are available to immediately respond to short notifications of requirements for switching services. During such periods, the Government reserves the right to adjust the contractor’s response time as the condition may warrant. If possible, Government personnel will give the contractor advanced notification of any event meeting these criteria. In capacity is available to meet the Government’s needs during such emergencies. The Government acknowledges the contractor’s right to request negotiation of additional costs associated with the requirements that may be imposed under this paragraph of the statement of work. The contractor shall present a plan to the Government to respond to these contingencies within 30 days of award of this contract.

6.0 Quality Assurance Surveillance

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

FOR

Rail Car Movement Service

Required Service

Applicable

PWS

Paragraphs

Performance Standards

Acceptable Quality Level

Surveillance Method

Outcome to be Achieved

Perform rail car movement

Para 5.1

Conduct all rail car movements according to the

LEMC COR

100% Compliance

Periodic Surveillance

Customer feedback

Placement and movement of rail cars for shipping requirements according to the LEMC

COR.

Perform routine switching service

Para 5.2

Conduct all rail car movements according to the

LEMC COR

100% Compliance

Periodic Surveillance

Customer feedback

Placement and movement of rail cars for shipping requirements according to the LEMC

COR.

Perform call outs

Para 5.4 This will be specifically defined by the

LEMC COR.

100% Compliance

Periodic Surveillance

Customer feedback

Services are provided within 4 hours of the request

Perform Special Conditions

Para 5.5 This will be specifically defined by the

LEMC COR.

100% Compliance

Periodic Surveillance

Customer feedback

Services are provided immediately upon request