A07_-_17R0004_ATTACH_1_revised.doc

Statement of Work for

Calibration, Remedial, Emergency, On-Site maintenance of the Factron S720

1. GENERAL

1.1. Contractor shall provide all personnel, equipment, tools, materials, supervision, parts, labor, travel and other items and services necessary to provide and perform the requirements of this statement of work.

1.2. The subject equipment of this statement of work is two Factron S720 Testers, Serial Numbers 7002122 and 7002082, located at Tobyhanna Army Depot (TYAD), Tobyhanna, PA 18466. The maintenance shall commence on both testers on date of award and continue twelve (12) consecutive months with four one-year option periods and an optional six month extension period.

1.3. The Normal Hours of Operation at Tobyhanna Army Depot are 7:00 am to 4:30 pm, Eastern, Monday through Friday, holidays excluded. Holidays observed by Tobyhanna are: New Year's day, 01 January; Martin Luther King's birthday, 3rd Monday in January; Washington's birthday/Presidents' day, 3rd Monday in February; Memorial Day, last Monday in May; Independence Day, July 4; Labor Day, 1st Monday in September; Columbus day, 2d Monday in October; Veterans Day, November 11, Thanksgiving Day, 4th Thursday in November; and Christmas day, 25 December.

1.5. The contractor shall be responsible for any damage during the repair or replacement of equipment or software which results in equipment failure. The contractor shall provide replacement parts or equipment of equal or greater value.

2. PREVENTIVE MAINTENANCE (PM) AND CALIBRATION

Preventive Maintenance (PM), inclusive of calibration, shall be performed approximately at six-month intervals, two (2) visits per tester per year for each system. The PM includes full diagnostic run to ensure functionality; repair as necessary, and calibration of the tester. Diagnostic tests on all individual system components, its software, and the system as a whole to ensure the repaired hardware/software and the system are operating according to manufacturer’s specifications. Specifically not included is calibration of instruments as those are not covered under the service agreement. PM shall be coordinated through the Contracting Officers Representative (COR) for performance to occur at a mutually agreeable time but to occur between the hours of 7:00 am and 4:30 pm Eastern time, Monday through Friday, excluding federal and TYAD holidays.

2.1. PARTS EXCHANGE

Parts exchange shall be a one for one replacement.

2.1.1 GENERAL

It is understood that TYAD personnel will/have been trained to perform maintenance on the testers. Diagnosys will support TYAD’s maintenance effort by providing exchange of parts on a one-for-one basis. Upon Diagnosys being notified that a replacement part is required, Diagnosys will ship that part to TYAD via Federal Express or similar service, freight prepaid by Diagnosys. Diagnosys will ship the replacement part within TWO (2) days of notification. Diagnosys shall notify TYAD within THREE (3) days of TYAD’s notification if there is an anticipated delay in shipping; and provide an anticipated ship date. TYAD is responsible for shipping the defective unit, freight prepaid by TYAD, to the designated Depot Center in an approved container. The container in which the Contractor ships the replacement part is considered an “approved container”. Defective parts are to be returned within FIVE (5) working days of receipt of the replacement part from the contractor. The Government Designated Depot Center to which defective (replaced) parts are to be returned is:

Diagnosys Systems Inc.

5 Lan Drive

Westford, MA 01886

USA

* If Diagnosys uses Tracking Numbers for each request/return, then: At the time of the Government’s requesting a part to be shipped, the Contractor will provide a Tracking Number. The Tracking Number will be specific to each request/return.

NOTE: THE CONTRACT NUMBER MUST BE REFERENCED ON ALL PARTS SENT BACK TO THE CONTRACTOR.

2.1.2. NOTIFICATION

Notification to Diagnosys for a replacement part shall be made only by authorized TYAD personnel. Authorized personnel are:

Mr. Derek Dalbo, COR Tel (570) 615-9377 or Rich Purdy, Tel (570) 615-6618

Notification may be made by telephone, e-mail, or fax. The contractor shall provide a toll-free phone number for such notification. Notification shall be made between the hours of 7:30 am to 4:00 pm, Eastern, Monday through Friday, Federal and TYAD holidays excluded. For matters other than requesting parts or verifying shipments, the COR is the Point of Contact (POC). All shipments to Tobyhanna shall reference the contract number and the requisitioning person with that person’s telephone number to insure receipt by the proper personnel once the delivery arrives at TYAD.

2.2. CONTRACTOR ON-SITE SUPPORT

2.2.1 The contractor is to correct normal system failures, and all parts, labor and travel charges are covered. The Customer is charged a per-call fee for each service incident. The “per call fee” is applicable for each requested system, per on-site visit outside the PM schedule.

2.2.1.1 On-site response time is forty-eight (48 hrs) of notification that on-site support is required. Request for on-site support will be made only by the COR, Contracting Officer, or Contract Specialist; and such requests may be made by telephone, e-mail, or fax. The contractor shall maintain a toll-free phone number for such notification/request. It is estimated that four (4) such calls will be required throughout the year.

2.2.2 Should a problem requiring remedial maintenance be discovered during the performance of PM, and if the Contractor can resolve the problem during the PM visit, the remedial maintenance shall be performed and a fee for a remedial maintenance visit shall not be charged.

2.2.3 The per call fee covers a two-day period, whether the contractor addresses one problem or more than one problem. As soon as is practical, the contractor’s on-site technician shall inform the COR or the Contract Administrator if there appears to be a strong possibility that the problem(s) will not be resolved within the two-day period and the reason why additional time will be required (i.e.: awaiting a repair part; or more time is needed to perform the diagnosis/repair). The COR or the Contract Administrator can then act accordingly to authorize another two day period as necessary. If the service engineer cannot complete the repair because a repair part is required and not available, and the service engineer terminates the visit due to this reason, the two-day clock will re-start when the service engineer returns to the site with the repair part.

2.2.4 Tester moves are not covered under this on-site support.

2.2.5 This on-site remedial maintenance will be used only when the Government requests it. The Contracting Officer or COR are the only Government personnel authorized to request such service. This service shall be provided IAW this SOW. Each job will be per the flat fee set forth in the schedule. There will be no additional charge to the Government for any other cost to the contractor such as travel, lodging, per diem, etc.

2.3. REMOTE TELEPHONE SUPPORT

The contractor shall provide a toll-free phone number for technical hardware and software support and assistance. Such support shall be available from 8:00 am to 4:00 pm EST, Monday through Friday, excluding Federal and TYAD holidays.

3. ACCOUNTING FOR CONTRACT SERVICES REQUIREMENT

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: https://cmra.army.mil/Login.aspx/, and then click on “Department of the Army CMRA” or the icon of the DoD organization that is receiving or benefitting from the contracted services.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY) which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2017. Contractors may direct questions to the help desk by clicking on “Send an e-mail” which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Component’s Contractor Manpower Reporting website.

4.0 SYSTEM CONFIGURATIONS

4.1 SYSTEM NUMBER ONE

PRODUCT CODE: 9510725016

SERIAL: 7002122

QTY: 1 each

SYSTEM/OPTION/DESCRIPTION

BASIC 725 TESTER, WITH CATE (1 each)

BASIC SYSTEM INCLUDES:

SUN ULTRA 5 COMPUTER

6 SLOT VXI RACK

VXI CPU30

VXI VMU INT/F

OPERATORS CONSOLE/VDU & KEYBOARD

TICKET PRINTER/FOOTSWITCH

ACCELERATOR ALGORITMIC PATTERN PROC.

SYSTEM DESKEW PACKAGE

FAST PROBE

PERF. TEST UNIT, pre-wired for 512 channels

SIGNAL ACCESS UNIT

SYSTEM DVOM

ANALOG SWITCHING UNIT

9510700401 UUT PSU 30v, 6a (2 each)

SYSTEM OPTIONS

9510700202 Free Relay Module (1each)

9510700204 Analog Switching Module (11 each)

9510700253 -15/+24v Programmable PTM (21 each)

9510700450 -15/+24 PTM PSU (1 each)

9510700451 -15/+24 PTM PSU (1 each)

9510700303 Flo Tracer Probe (1 each) - Not Covered

9570035206 Digital LA210 Printer (1 each) - Not Covered

9510721402 UUT PSU 6V @18.0A (4 each)

NOT COVERED:

Vacuum Pump, IEEE Bus Instruments, Fixtures, Software, Printers, Test Head Receivers, and consumables.

Diagnosys Systems, Inc. cannot be responsible for loss of customer TPS programs due to system failures, it is the sole responsibility of Tobyhanna Army Depot to maintain current copies of their programs.

SOFTWARE SUPPORT:

Diagnosys Systems, Inc. offers no additional software enhancements or support for S700 testers.

4.2 SYSTEM NUMBER 2

PRODUCT CODE: 9510725016

SERIAL: 7002082

QTY: 1 each

SYSTEM/OPTION/DESCRIPTION

BASIC 725 TESTER, WITH CATE (1 each)

BASIC SYSTEM INCLUDES:

SUN ULTRA 5 COMPUTER

6 SLOT VXI RACK

VXI CPU30

VXI VMU INT/F

OPERATORS CONSOLE/VDU & KEYBOARD

TICKET PRINTER/FOOTSWITCH

ACCELERATOR ALGORITMIC PATTERN PROC.

SYSTEM DESKEW PACKAGE

FAST PROBE

PERF. TEST UNIT, pre-wired for 512 channels

SIGNAL ACCESS UNIT

SYSTEM DVOM

ANALOG SWITCHING UNIT

9510700401 UUT PSU 30v, 6a (2 each)

SYSTEM OPTIONS

9510700202 Free Relay Module (1 each)

9510700204 Analog Switching Module (11 each)

9510700253 -15/+24v Programmable PTM (21 each)

9510700450 -15/+24 PTM PSU (1 each)

9510700451 -15/+24 PTM PSU (1 each)

9510700303 Flo Tracer Probe (1 each) - Not Covered

9570035206 Digital LA210 Printer (1 each) - Not Covered

9510721402 UUT PSU 6V @18.0A (4 each)

NOT COVERED:

Vacuum Pump, IEEE Bus Instruments, Fixtures, Software, Printers, Test Head Receivers, and consumables.

Diagnosys Systems, Inc. cannot be responsible for loss of customer TPS programs due to system failures, it is the sole responsibility of Tobyhanna Army Depot to maintain current copies of their programs.

SOFTWARE SUPPORT:

Diagnosys Systems, Inc. offers no additional software enhancements or support for S700 testers.

5. SECURITY REQUIREMENTS

5.1 Depot Access and General Protection/Security Policy and Procedures: A background check and approval from TYAD Security Branch is required for all contractor and subcontractor personnel prior to on-site access at TYAD. All persons seeking entrance to TYAD shall submit to and comply with all security standards and requirements in force at the time such persons are seeking entry. All contractors, regardless of resident status or citizenship, will be subject to vehicle search and intense in-processing by TYAD security personnel prior to being granted access to TYAD. This security screening process may be time consuming and access may be delayed or denied. The contractor shall ensure ELTY Form 648-C is completed for all contractor and subcontractor personnel requiring depot access to include warranty services. The TYAD point of contact (POC) will provide ELTY Form 648-C, Request Access to Tobyhanna Army Depot, to the contractor/vendor at least ten days prior to the expected visit date for completion. The contractor/vendor shall return the completed ELTY Form 648-C to the TYAD POC in a timely manner so the same may be submitted to Security for processing no later than seven days prior to the visit. All of the required fields on the form shall be complete and accurate by the contractor/vendor for timely processing. This requirement is inclusive of on-site supervisory or managerial personnel and sub-contractor personnel that the Contractor anticipates will be performing work or visiting on-site. This security screening does not relieve the contractor of any responsibilities to conduct thorough pre-employment background checks and drug screening. Contractor workers will not be granted access to the work site until security screening is completed and access is approved. Any contractor personnel on-site who fail screening will not be permitted further access to TYAD. See “Access and General Protection/Security Policy and Procedures” below.

Please submit the completed ELTY Forms 648-C form(s) to the COR or POC.

Contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by TYAD Security Branch. Contractor workforce must comply with all personal identity verification requirements as directed by DoD, HQDA, and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by the government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

5.2 Operations Security (OPSEC): Per AR 530-1, Operations Security, contractor employees must complete Level I OPSEC training prior to the contract report date and for any additional or new contractor employees, who start after that period. All contractor employees must also complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR/POC within 10 calendar days after completion of training by all employees and subcontractor personnel. The contractor will be provided a copy of the OPSEC training slides for use with employees who may not have computer access. TYAD will not be responsible for printing copies of slides for training purposes. TYAD reserves the right to provide instructor led training and will so advise the contractor within one week of the start of performance or at the time of annual training, if that will be the training approach to be utilized. Completion of contractor employee training will be documented on ELTY form 583, TYAD On-Post Training Record or contractor equivalent.

5.3 Antiterrorism (AT) Level I Training: All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, and controlled access areas shall complete AT Level I awareness training prior to contract report date. This training is required for any additional or new contractor employees, who start after that period. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR/POC within 10 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: https://jkodirect.jten.mil for CAC holders. Non-CAC holders may go to http://jko.jten.mil/courses/atl1/launch.html for their training. Upon request, the contractor will be provided one copy of the AT level I training slides for use with employees who may not have computer access. TYAD will not be responsible for printing copies of slides for training purposes. TYAD reserves the right to provide instructor led training and will so advise the contractor within one week of the start of performance or at the time of annual training, if that will be the training approach to be utilized. Completion of contractor employee training will be documented on ELTY form 583, TYAD On-Post Training Record, or contractor equivalent. As applicable, contractor employees must complete annual AT awareness training as it pertains the length of the contract.

5.4 iWATCH Army Training: The contractor and all associated sub-contractors shall brief all employees on the local iWATCH Army Program. This will consist of utilizing the tools and media products on the informational iWATCH Army website to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR/POC. The iWATCH training is available at the following website: https://myarmyonesource.com select Family Programs and Services, in the drop down boxes select: Go To, iWATCH Army –“See Something, Say Something”. Additional guidance and support can be provided by the TYAD Antiterrorism Officer (ATO) at the contractor’s request. The contractor shall notify the COR/POC within 10 calendar days of the completed training for any new employees or subcontractor personnel to assure the ELTY form 583 or contractor equivalent is properly documented. TYAD reserves the right to provide instructor led training and will so advise the contractor within one week of the start of performance or at the time of annual training, if that will be the training approach to be utilized. Completion of contractor employee training will be documented on ELTY form 583, TYAD On-Post Training Record or contractor equivalent.week of the start of performance or at the time of annual training, if that will be the training approach to be utilized. Completion of contractor employee training will be documented on ELTY form 583, TYAD On-Post Training Record or contractor equivalent.

All security training certificates shall be provided to the Contracting Officer’s Representative (COR) or the Contract Specialist.

6. TOBYHANNA ARMY DEPOT ON-SITE CONTRACTOR WORKFORCE AND VISITOR RESTRICTIONS

6.1. NON-RESIDENT/NON-IMMIGRANT ALIENS

a. All non-resident/non-immigrant aliens must have approval prior to being permitted access to Tobyhanna Army Depot (TYAD). Such approval must be obtained by requesting access through the following: apply at the alien-resident’s embassy; proceed to the U.S. Embassy; proceed to the Department of the Army; proceed to Army Materiel Command; proceed to U.S. Communications-Electronics Command; proceed to TYAD.

b. All non-resident/non-immigrant aliens granted access to TYAD are required to be escorted by Government personnel. One Government escort can accommodate a maximum of two non-resident/non-immigrant aliens.

c. Due to limited availability of Government personnel, contractors shall not be permitted to employ non-resident/non-immigrant aliens as part of the contractor’s on-site workforce. Limited exceptions to this restriction may be considered on a case-by-case basis. Such exceptions shall only be considered where a specialized skill or trade is not otherwise available, and even under such circumstances would only be considered for very limited duration, e.g., a few hours/days. However, even if limited exception is considered, access may still be denied. Contractors whose personnel are either denied entry to TYAD or permitted limited entry to TYAD due to the security requirements pertaining to non-resident aliens/non-immigrants are not relieved of their obligation to provide the required contract performance and must do so at no additional cost to the Government. Any contractor failing to perform or that fails to perform in a timely manner under such circumstances may be terminated for default or other contractual remedies as appropriate.

d. Due to limited availability of Government personnel, visitors requiring escort may not be permitted access, or access may be limited to a certain time and duration.

6.2. FOR THE PURPOSE OF FORMAL ESCORTED SITE VISITS

Resident aliens (immigrants) in possession of a valid Form I-551, Alien Registration Receipt Card (“Green Card”), are not required to obtain approval as set forth in paragraph 1.a. above (but see paragraph 5, below). Such individuals must have proper identification in addition to a valid form I-551 in their physical possession at all times while at TYAD. Individuals lacking proper identification and valid form I-555 will be denied access to TYAD.

6.3. SECURITY SEARCHES, IN-PROCESSING, AND SECURITY SCREENING

All persons seeking entrance to TYAD must submit to and comply with all security standards and requirements in force at the time such persons are seeking entry. All visitors and contractors, regardless of resident status or citizenship, will be subject to vehicle search and intense in-processing by TYAD Security personnel prior to being granted access to TYAD. This security screening process may be time consuming and access may be delayed or denied.

Any Contractors who will be working on site, company representatives who will be visiting periodically, and any companies or contractors requesting or requiring TYAD badges for other business reasons must submit a completed TYAD form 648-C to their contract or depot point of contact. The completed form must be submitted at least five (5) workdays in advance of on-site performance for each employee intended for onsite performance or five (5) workdays in advance of visits or other business at the depot. Any contractor employee (s) already on site who have not been screened, will be subject to security screening. This requirement is inclusive of on-site supervisory or managerial personnel and sub-contractor personnel that the Contractor anticipates will be performing work or visiting on-site. This security screening does not relieve the contractor of any responsibilities to conduct thorough pre-employment background checks and drug screening. Contractor workers will not be granted access to the work site until security screening is completed and access is approved. Any contractor personnel on site who fail screening will not be permitted further access to TYAD.

6.4. SUBMISSION OF BIDS OR PROPOSALS

Bidders/offerors who hand carry bids or quotes do so at their own risk. Bidders/offerors are solely responsible for the timely submission of bids /proposals/quotations, any delays security measures notwithstanding.

6.5. CONTRACTOR ON-SITE WORKFORCE – ADDITIONAL SECURITY REQUIREMENTS

A. This section is in addition to the requirements above regarding non-resident aliens (non-immigrants) for on-site performance. Prior to the commencement of performance under the contract and within seven (7) workdays of contract award, the Contractor shall submit to the Chief, Security Division, Tobyhanna Army Depot, a roster of all contractor personnel, inclusive of on-site supervisory or managerial personnel and sub-contractor personnel, that the Contractor anticipates will be performing work on-site. The roster shall indicate which individuals are U.S. citizens and which are resident aliens (immigrants). The following documentation shall accompany the roster for each individual named on the roster as a resident alien (immigrant):

a) A copy of a verifiable form of identification, such as a driver’s license or a passport; and

b) A copy of a valid Department of Justice Immigration and Naturalization Service Form I-551, Alien Registration Receipt Card (“Green Card”).

Contractors who fail to identify any and all resident aliens (immigrants) who will be used for on-site performance and who will seek access to Tobyhanna Army Depot as a worker for or through the contractor, inclusive of managerial and subcontractor personnel, may be subject to civil and criminal penalties and sanctions as well as contract remedies.

B. Within five (5) workdays of the submission of the roster, documentation, and TYAD form 648-C, the Government will have completed the security check and the Contractor shall be notified whether all listed personnel will be permitted to work on-site. However, actual access to Tobyhanna Army Depot by the roster personnel will remain contingent upon such resident alien (immigrant) individuals presenting two (2) forms of identification as they process into the Depot through the Security building: a valid Form I-551, Alien Registration Receipt Card (“Green Card”) in addition to at least one other verifiable form of identification.

C. The roster that the Contractor submits is amendable. However, up to five (5) workdays will be required to perform a security check on any personnel added to the roster. The Contractor is urged to include contingency or “back-up” personnel in the original roster in order to avoid delays due to roster amendment.

D. Contractors whose personnel are denied entry to TYAD due to the security requirements are not relieved of their obligation to provide the required contract performance and must do so at no additional cost to the Government. Any contractor failing to perform or that fails to perform in a timely manner under such circumstances may be terminated for default or be subject to other contractual remedies as appropriate.

7. Standard Specifications for Projects Under the National Environmental Policy Act in Accordance with 32 CFR 651

Proponent ELTY-ISR-E ****Spill Response Procedures 1-2-3****

1. Stop work

2. Call 911

3. Evacuate Area

*********Damaged Asbestos?*********

Call Environmental Branch (EB) at 615-7098

*******Environmental Questions?******

Call EB 615-7098

7.1 Air Pollution Control

The contractor must control fugitive emissions, including dust, during the course of their contract. The contractor must obtain approval from the Environmental Branch (EB) prior to exhausting equipment to the outside. The contractor must not allow any pollutant or particulate matter to be released to the atmosphere at levels that are visible from outside of Tobyhanna Army Depot (TYAD). The contractor must not perform work that will release pollutants or particulate matter to the atmosphere when the wind speed exceeds ten miles per hour and will result in adverse effects to the surrounding areas. TYAD will monitor the wind speed; it is the contractor’s responsibility to obtain wind speed information through the Contracting Officer Representative (COR).

7.2. Asbestos

The contractor must ensure that all materials used in the performance of this contract are asbestos-free.

Unless specified in the contract, the contractor must not disturb any existing Asbestos-Containing Material (ACM) in the performance of this contract. If ACM, or suspect ACM might be disturbed in performance of this contract, the contractor must avoid coming in contact with the material and immediately notify the COR and the Contract Administrator in writing. The COR must coordinate with EB to have the material tested to determine if there is ACM. If the material is determined to be ACM and the contractor cannot avoid disturbing the material, the COR will notify the Contracting Officer. The Contracting Officer will direct a change pursuant to the contract clauses entitled “Changes” and “Differing Site Conditions.” If ACM, or suspect ACM has been disturbed, the contractor must immediately notify the COR and call the EB. The contractor will shut down and not move any equipment or supplies near the damaged ACM. The contractor will evacuate all non-contaminated contractor personnel from the immediate vicinity. Any contractor personnel thought to be contaminated with asbestos must remain in the area until the EB responds. If the damaged material is determined to be ACM and there is potential for further damage, the Contracting Officer will direct a change pursuant to the clauses of the contract clauses entitled “Changes” and “Differing Site Conditions.”

Asbestos abatement required under the contract as originally awarded must be in accordance with United Facilities Guide Specification 02 83 14 00 10 and as otherwise required in the contract. Asbestos abatement not required under the contract as originally awarded, can be incorporated into the existing contract via contract modification, or by the Government taking responsibility for the asbestos abatement. The method of acquiring the abatement is at the discretion of the Government. The contractor must have an asbestos abatement work plan that has been approved by EB prior to beginning any asbestos abatement work.

7.3. Backflow

The contractor shall have a backflow prevention device installed on all contractor equipment that is connected to Tobyhanna Army Depot’s (TYAD) water distribution system. The contractor shall have a water meter installed to monitor water consumption during all phases of the contract. Water use will be reported monthly to the Environmental Branch.

7.4. Burning

The contractor must not burn refuse and debris anywhere on TYAD.

7.5. Buy Recycled-Content Materials

The Contractor must comply with Resource Conservation and Recovery Act (RCRA) Section 6002 (42 U.S.C. 6962, Federal Procurement) in the acquisition of materials with recycled content to meet the standards of Executive Order 13423, Strengthening Federal Environmental, Energy, and Transportation Management; January 26, 2007. Specific designated items in this contract for which recycled content standards have been established have been set forth in the specification (e.g., insulation, roofing materials, carpet, carpet pad, paint, floor tiles, shower and restroom dividers). Recovered Material Certification: As required by the RCRA, the contractor must certify that the percentage of recovered materials to be used in the performance of the contract will be at least the amount required by the applicable contract specifications (see Federal Acquisition Regulation (FAR) Provision 52.223-4, Recovered Material Certification). Prior to application for final payment, the contractor must provide a report in accordance with FAR Clause 52.223-9, Estimate of Percentage of Recovered Material Content for Environmental Protection Agency (EPA) Designated Items, to the Contracting Office. Compliance with this program does not relieve the contractor from meeting all other specification requirements.

7.6. Cultural Resources

The contractor must not adversely affect any property listed on the National Register of Historic Places (NRHP) or properties eligible for inclusion on the NRHP without consultation and approval from the EB through the COR. If there is a discovery of any historic properties, including archeological sites and graveyards, work will cease immediately until requirements of National Historic Preservation Act, as amended, have been met. All archaeological artifacts found at TYAD or TYAD-controlled properties are U. S. Government property until a determination is made otherwise.

7.7. Demolition Notification

If a project involves the demolition of any load-bearing structural members, whether or not asbestos is present, 25 days prior to the demolition, the Commonwealth of Pennsylvania Asbestos Abatement and Demolition/Renovation Notification Form 2700-FM-AQ0021 must be submitted to EB as specified in the Unified Facilities Guide Specification 02 83 14 00 10. The contractor may obtain a copy of the form from the EB.

7.8. Drinking Water

The contractor must not perform any work on the TYAD potable water system prior to obtaining approval from the EB and the Installation Planning and Maintenance Division certified operator through the COR. If a permit is required due to construction or proposed chemical feed changes, it will be the responsibility of the contractor to obtain all permits associated with the project. Permit applications will first be reviewed and approved by the Environmental Branch before being submitted to regulatory authorities. Any piping or additions added to the TYAD water system must be disinfected following American Water Works Association circular C651-05 "Disinfecting Water Mains." Construction will be kept outside of drinking water wellhead protection zones when feasible. All new buildings and remodeled buildings will be equipped with a water meter that can easily be read from the exterior of the building.

7.9. Endangered Species

The contractor is responsible for meeting requirements of the Endangered Species Act of 1973. The contractor must not disturb any endangered species, their habitat or offspring during the implementation of this contract.

7.10. Emergency/Spills

All emergencies and spills must be reported to the TYAD Fire Department by calling 911 from a TYAD phone or (570) 615-7300. If a 911 call is placed on a cell phone, the call will go to the Monroe County Emergency Office. Notify the Monroe County Emergency Office that you are at TYAD and the call will be forwarded to TYADs Fire Department. The contractor must ensure all personnel working on site are trained in the proper procedure according to 29 CFR 1910.120 (if applicable) to initiate a spill response to handle the hazardous substances they are working with. The contractor will take the necessary actions to prevent and contain spills of hazardous materials.

7.11. Energy Efficiency

The Energy Policy Act of 2005 section 109 and the Energy Independence and Security Act of 2007 require all new construction at federal facilities to be 30% better than ASHRAE 90.1. Energy Policy Act of 2005 section 104 and the Energy Independence and Security Act of 2007 require all new equipment to be Energy Star qualified when available. This is applicable to heating, ventilation and air conditioning equipment, plumbing, building materials, lighting, commercial food service equipment and appliances.

7.12. Environmental Automation and Control Systems

The contractor will not alter, modify, remove or tamper with any environmental automation or control system unless previous arrangement have been made with EB. This includes sensors, programmable logic controllers, equipment housing, power supplies, meters or other hardware/sensor technology.

7.13. Erosion and Sedimentation Control

The contractor shall protect streams, lakes and wetlands from sediment discharges caused by the contractor's activities. The contractor shall also provide (where applicable) an erosion and sedimentation control plan in compliance with state and local laws and regulations, to the COR for approval prior to executing any soil-disturbing activities. The contractor must submit a National Pollutant Discharge Elimination System Permit to the Pennsylvania Department of Environmental Protection (PADEP) prior to any construction activity that encompasses more than one acre. All permits must be reviewed and approved by the EB prior to being sent to any regulatory authority. The contractor shall not disturb any wetlands. Contractor will remove all silt fencing and other temporary control measures once the site is stabilized. Contractor will remove all spoils from TYAD unless a previously approved disposal site has been established. The contract COR will be responsible for management and control of the spoils disposal site.

7.14. Fluorescent and Mercury-Bearing Lamps

The contractor is to collect, containerize, manage and recycle fluorescent and mercury-bearing lamps in accordance with 40 CFR 273, Standards for Universal Waste Management. A copy of the manifest/Bill of Lading must be given to the EB through the COR five days in advance of shipment by the contractor so that it can be reviewed for accuracy and completeness. The contractor must install low mercury bulbs when available.

7.15. Hazardous Materials Stored and Labeled

The contractor must ensure all hazardous materials (HM) at the work site are properly stored and labeled. The contractor must not leave any HM behind at the completion of the job for any reason. HM must not be stored outside without adequate secondary containment and shelter.

7.16. Hazardous Waste

The contractor must ensure that all hazardous wastes (HW) at the work site are properly stored and labeled in a pre-approved location designated by the EB. The contractor must provide copies of any shipping documents for HW/Universal Waste/Toxic Substances Control Act waste. If the TYAD EPA number is being used for shipping purposes, only EB is authorized to sign a manifest and the manifest (or copy) must be supplied prior to the day of shipment for review. The EB will keep originals. If HW or waste requiring special handling (e.g., asbestos) is being turned over to the government for disposal, the contactor must notify the EB through the COR when the waste is ready to be moved.

7.17. ISO 14001

TYAD is an ISO 14001 certified facility. All contractor and subcontractor employees on site must comply with TYAD Regulation 200-5, “Environmental Management System (EMS).” The contractor may obtain these regulations through the project COR.

7.18. Limit of Disturbance

The contractor must confine the limit of disturbance of the project to the smallest area possible.

7.19. Mercury-Bearing Equipment

The contractor must not install any equipment, switches, or devices (including thermostats) that contain mercury or lead.

7.20. Safety Data Sheets (SDSs)

The contractor must submit SDSs for all hazardous materials proposed for use, including paints, solvents, adhesives, etc., to the EB through the COR five working days prior to material being brought on post. The contractor must keep a copy of all SDSs required for the project at the jobsite.

7.21. Migratory Bird Protection

The contractor is responsible for meeting requirements of the Migratory Bird Treaty Act of 1918 (as amended). The contractor must not disturb any migratory bird, their nesting area or offspring during the implementation of this contract.

7.22. National Pollutant Discharge Elimination System (NPDES) Permits

The contractor must not perform any work on existing NPDES structures or treatment units unless previously approved in writing by the Installation Planning and Maintenance Division certified operators and the Environmental Branch. This includes work within the sewage treatment plant, sewage lift stations, sewage conveyance pipes, Industrial Operations Facility pretreatment plant and storm water sewer systems. If a permit is required, it will be the responsibility of the contractor to obtain all permits prior to work being performed. All permit application packages must first be reviewed by the Environmental Branch prior to being sent to any regulatory authority.

7.23. Net Zero Water

The contractor will minimize the use of potable water during the construction project. Water used during the construction project will be monitored and measured using portable water meters if possible. Installed restroom equipment will consist of high-efficiency fixtures that use reduced volumes of water. Employ strategies that in aggregate use 20% less water than the water use baseline calculated for the building after meeting the Energy Policy Act of 1992 fixture performance requirements. Automatic hands-free flushometers will not be used. Water-free urinals will not be used. Flushometers will be the piston variety that fail in the closed position. New building construction and renovations will include installation of a water meter that is capable of being read from the outside of the building.

7.24. Noise

The contractor must not allow the noise level to exceed 65 decibels at any point outside TYAD property. If noise levels exceed 65 decibels, a plan must be prepared by the contractor to mitigate the noise levels and submit to the EB for approval through the COR. The contractor will monitor the fence line to confirm this limit.

7.25. Ozone Depleting Substances (ODS)

The contractor must be responsible for ensuring that all personnel who perform maintenance and repair activities on refrigeration equipment have been trained and certified by an EPA-approved Section 608 program. The contractor must not use Class I or Class II ODS or install equipment that contains Class I or II ODS.

7.26. Paints

The contractor must not use paints containing zinc chromate or strontium chromate pigments and paints containing lead in excess of 0.06 percent by weight of the total nonvolatile content (calculated as lead metal).

7.27. Pest Management

At no time during the execution of this contract must the contractor provide a food source or harborage for any pests. The contractor must coordinate through the COR to the EB prior to application any pesticide usage. Pesticides are required to be approved by the EB. The contractor must report all usage of pesticides through the COR to the EB. After completion of the contract, the contractor must ensure there is no passage for pests to enter facilities or structures related to work performed by the contractor.

7.28. Polychlorinated Biphenyls (PCBs)

The contractor must not bring items containing PCBs onto TYAD. Light ballasts that are clearly marked "Contains no PCBs," or that are marked with a manufacture date after 1978 must be disposed of by the contractor as construction demolition debris. Any light ballast that is not marked as containing no PCBs that has a manufacture date prior to 1978, or that cannot be determined whether it contains PCBs, must be disposed of by the contractor at an approved and licensed facility for PCBs. The contractor must submit a shipping manifest and certificate of disposal of the PCB-containing items to the EB through the COR.

7.29. Recycling

The contractor must comply with TYADs general recycling plan for recyclable materials such as aluminum, steel, cardboard, paper, plastic and wood. The contractor should contact the EB for additional information on the recycling of materials through the COR. The COR will coordinate with EB to have the contractor recycle metals, cardboard, etc., through TYADs recycling program. All Construction and Demolition (C&D) material transferred from a construction project into the TYAD recycling program must be segregated and material type and weights submitted to the project COR for consolidation. Any material entering the TYAD recycling program that is not documented and properly reported will be absorbed into the TYAD recycling program and not count towards the C&D requirement of the project. Clean wood shall be recycled by the contractor off TYAD property.

7.30. Refuse and Construction Demolition Debris Removal and Disposal

During the performance of all construction, renovation and demolition projects, a minimum of 60 percent of all non-hazardous construction demolition debris shall be diverted from the landfill for reuse or recycling. The contractor shall provide written certification to the COR of the type and tonnage of debris reused or recycled from the contract. All refuse and the construction demolition debris not recovered for reuse or recycling shall be disposed of at a PADEP permitted and Monroe County Municipal Waste Management Authority authorized facility. The contractor shall comply with the Monroe County Solid Waste Management Plan and PA Act 90, including all licensing requirements. Monroe County has specific landfills that is must be transported to per Monroe County guidance which is available on the county website (http://www.thewasteauthority.com) and any contractors can call the Monroe County Municipal Waste Management Authority at (570) 643-6100. The contractor shall provide a disposal certificate or landfill weight slip to the COR for all solid waste disposed of during the performance of this contract. The COR will then provide copies of the disposal certificate or landfill weight slips with the quarterly consolidated C&D report from The Installation Planning and Maintenance Division to EB.

7.31. Removal Materials

The contractor must remove from the site prior to the acceptance of work by the Government, all materials not identified to remain in place, including excess paints, building materials and equipment purchased by the contractor for the execution of this project.

7.32. Site Preservation and Restoration

The contractor must ensure that the land resources associated under this contract be preserved in their present condition, or be restored to a like condition after completion of construction. This post construction appearance will appear to be natural and not detract from the appearance of the project.

7.33. Trees and Shrubs Protection

The contractor must be responsible for the protection of all trees and shrubs on site. The contractor must not allow any heavy equipment, vehicular traffic or stockpiling of materials within ten feet from the drip line of any tree. The contractor must not allow any toxic materials to be stored within 100 feet (35.5 meters) of the drip line of any tree. The contractor must not nail protective devices, signs, utility boxes or other objects to trees to be retained on the site.

7.34. Unexploded Ordnance (UXO)

All work that is done in the UXO area must include the support and clearance by a UXO technician. In addition, all personnel entering the UXO area must have UXO recognition training. The COR will escort the contractor to the EB for UXO recognition training. The COR will provide a map of the UXO area to the contractor.

7.35. Water Quality

The contractor shall not pollute streams, lakes or reservoirs. All work under this contract shall be performed in such a manner that pollution will not be created in streams, surface waters or underground water located within, or adjacent to the project area. The contractor shall not spill, emit, dump or otherwise discharge any hazardous, toxic, harmful or unauthorized pollutant, substance or material, including petroleum products, cleaning agents or paints, onto the ground, into the air or into any waters or nearby storm drain. The contractor shall execute any preventative measures required to prevent any hazardous, toxic or harmful material stored or used on the project site from entering any stormwater drain. Nothing shall be allowed to spill, emit, dump or otherwise discharge any hazardous, toxic or harmful material or pollutant into any sink, toilet, drain, utility or receptacle without written permission from the EB through the COR. The contractor shall protect streams, lakes and wetlands from sediment discharges caused by his activities.