JSMC_DRAFT_SOW_-_Attachment_0001.pdf

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 GENERAL

C.1.1 This Facility contract is applicable to the Joint Systems Manufacturing Center (JSMC) located in Shawnee Township, Ohio, as legally defined in the Shawnee Township, Ohio, Property Register, with the exception of all Government property within and to include the inside of the exterior walls and roofs of buildings 147 & 351. Exterior doors, windows, vents, and mechanical units are included in this scope and are the responsibility under this contract. The Joint Systems Manufacturing Center is a Government-Owned, Contract-Operated (GOCO) facility owned by the Department of the Army. The contractor shall provide services to operate and maintain JSMC in accordance with Section C of this contract. The Scope of Work (SOW) Section C described herein applies to all property (excluding production machinery and bldgs. 147 & 351) which resides within these parameters, as represented by Attachment 0001"JSMC Map".

All scope of work defined in this contract only applies to administrative, operational, and property requirements which are located external to buildings 147 and 351. The line of demarcation which denotes the responsibility for this contract is the exterior wall and roof surfaces of said buildings.

C.1.2 This Facility Contract provides for the acquisition, installation, maintenance, replacement, repair, rehabilitation, upgrade, new construction (to include Minor Military Construction), preservation, accountability, and disposition of Government-owned property (real property and Government Furnished Property (GFP)) required to support JSMC as identified on Attachment 0002 and Attachment 0003. All Government-owned production equipment and all Government-owned equipment inside of buildings 147 and 351 are excluded from this contract scope of work.

C.1.3 The Contractor shall procure all necessary permits and licenses; obey all applicable laws, regulations, and ordinances of the United States of America, and of the state, territory, or subdivision thereof wherein the work is done.

C.1.4 The Contractor shall operate and maintain JSMC in accordance with this Facility contract 24 hours per day, 365 days per year.

C.1.5 The Contractor agrees to pay to the proper authority, when and if taxes or assessments become due and payable, all applicable taxes, assessments, and similar charges which at any time during the term of this contract may be taxed, assessed, or imposed upon the Contractor with respect to the facilities. Contractor shall submit an equitable claim to the ACO for reimbursement for the amount of any taxes, assessments, and similar charges including unavoidable interest and penalties when delay in payment of such taxes from the original due date was caused by the specific written instruction of the Contracting Officer.

C.1.6 The contractor shall support the implementation of the Armament Retooling & Manufacturing Support (ARMS) Initiative under this contract. ARMS is a pilot program under the authority of the FY17 National Defense Authorization Act Section 323. The goal of the ARMS Initiative is to reduce Government costs at GOCO Industrial Plants while maintaining a readiness capability and to reduce the impact of defense downsizing on local communities. Through the authority of the ARMS Initiative, the contractor shall have the authority to market and lease underutilized space at JSMC and then receive a percentage of the proceeds.

C.1.7 DEFINITIONS

C.1.7.1 The following terms have been adapted and established as common definitions for the purposes of this contract.

C.1.7.1.1 "Maintenance" - Any action required to maintain current facilities in such condition that it may be safely and effectively utilized for its designated or designed purpose.

C.1.7.1.2 “Preventive Maintenance" - The regularly scheduled inspection, lubrication, adjustment and minor repair required to maintain the Government owned property in a safe operational condition and to detect and correct any malfunctions which could lead to breakdown and/or major repairs.

C.1.7.1.3 "Unscheduled Maintenance" - Maintenance requiring immediate attention which, if not corrected, could cause unsafe conditions, impact plant operations, or cause significant damage to Government owned property.

C.1.7.1.4 “Normal Maintenance” - Recurrent day-to-day scheduled systematic care of Real and Personal property, such as lubricating, adjustment, servicing, and inspection. It shall also include normal parts replacement that shall be required to forestall excessive wear, repair, malfunction, or deterioration.

C.1.7.1.5 “Best Commercial Practice” – as defined in Army Facilities Management, AR 420-1, 12 Feb 2008.

C.1.7.1.6 “Modified Caretaker” – Facilities which are not in active use by the Government or Contractor and are not submitted into the property disposal process. These facilities are not maintained, but essentially abandoned.

C.1.7.1.7 “Excess” - Equipment determined by the Government as not required for mission and is in the disposal process.

C.1.7.1.8 "Days" as used in this SOW means calendar days.

C.1.7.1.9 "Elevators" - A hoisting and lowering mechanism designed to transport material and or personnel from one elevation to another.

C.1.7.1.10 "Material Lifting Device" - Those hoisting and lowering mechanisms (examples; bridge cranes, mobile cranes, fork lifts) not designated as elevators.

C.1.7.1.11 “Prioritization Schema” – List of deficiencies found during annual building inspections that are primarily related to safety and/or environment concerns. Deficiencies are prioritized in accordance with potential health and safety risks to personnel.

C.1.7.1.12 "ARMS" refers to the Armament Retooling & Manufacturing Support Initiative.

C.1.7.1.13 “Capital Improvement” refers to acquiring new items of Real Property or equipment or any project related to an existing Real Property or equipment item which materially increases its value, extends its useful life, or increases its units of measure (UM) (for example area or capacity). Each project over $25,000 requires a statement on the work request that states as a minimum: “$_______ of this project is considered a Capital Improvement for Real Property accounting purposes”.

C.1.7.1.14 “Non-Government Work" is any work being performed by the Contractor that is not for a US Government agency.

C.1.7.1.15 "Consideration" is the cause, motive, price, or impelling influence inducing a party (Government, contractor, tenant, etc.) into a contract. It can be either monetary or nonmonetary. Non-monetary consideration includes work-in-kind performed by the Contractor or tenant(s) at the Army Government-owned, Contractor-operated (GOCO) plants/depots in exchange for the use of Government property under the ARMS Program.

Any and all use of Government property must include a rental factor in accordance with FAR 45 and computed in accordance with FAR Part 52.245-9, and be determined to be acceptable by the PCO.

C.1.7.1.16 “Fair Market Value” or property appraisal is computed in accordance with

(IAW) FAR 52.245-9.

C.1.7.1.17 "Government Property" means property (real property, non-production equipment, or personal property) owned or leased by the Government.

C.1.7.1.18 "Tenant" is US Government work being performed by the Facility Use Contractor, received as a prime or sub contract; other than the obligations received from ACC-WRN on the immediate contract.

C.1.7.1.19 "Usage period" is the time period during which Government property is approved for use. It includes time to set up the property for such purposes, perform required maintenance, and restore the property to its condition code prior to use (less normal wear and tear), where applicable.

C.1.7.1.20 “Minor Military Construction” is any construction effort valued at $1,000,000 or less per 10 USC 2805.

C.1.7.2 “Mobile Equipment” is defined as any piece of wheeled or tracked equipment, whether self-propelled or propelled with assistance, whose purpose is to facilitate operation or the maintenance of JSMC. Some examples are: pallet jacks, hand trucks, aerial lifts, or combustible and electrical motorized vehicles, which are intended for use solely on the facility.

C.2 PROGRAM MANAGEMENT, ADMINISTRATION, AND FACILITIES

ANALYSIS PLANNING

C.2.1 The Contractor shall perform program management and administrative activities to plan, manage, and control facilities analysis planning; attend Contractor Work Order (CWO) development activities; develop cost estimates of work efforts;

prepare Contract Data Requirements List (CDRL) item submittals; and conduct Contractor Manpower Reporting in accordance with Federal Acquisition Regulations (FAR) 52.237-4.

C.2.1.1 The Contractor shall manage and control the resources necessary to ensure timely achievement of the authorized CWOs under this contract in the most economical manner to the extent required.

C.2.1.2 The Contractor shall provide planning and control support during execution of the authorized CWOs under this contract including the following tasks:

C.2.1.2.1 The Contractor shall prepare and submit the Monthly Cost, Schedule, and Performance reports (CDRL A006)

C.2.1.2.2 The Contractor shall preparate and submit the Monthly Status Reports

(CDRL A006)

C.2.1.2.3 The Contractor shall develop cost estimates of new or revised CWOs when requested by the Contracting Officer’s Representative (COR) or Contracting Officer, but prior to authorization of the actual CWO by the Contracting Officer via an executed Modification.

C.2.1.2.4 The Contractor shall provide written input and recommendations to draft CWOs to the COR.

C.2.1.3 The Contractor shall monitor and analyze cost, schedule, and performance data on all CWOs authorized on this contract. Provide impacts and status to the COR.

C.2.1.4 The Contractor shall perform liaison duties with functional task groups on matters pertaining to work performance and requirements.

C.2.2 The contractor shall provide the ACO and PMO electronic funding status reports, (CDRL’s A008)

C.2.3 The Contractor shall develop, maintain, and deliver an Integrated Master Schedule (IMS) (CDRL A098) which shall be consistent with the contract Work Breakdown Structure (WBS) (CDRL A010). The IMS shall contain logically networked detailed program activities encompassing contract milestones, events, decision points, critical subcontract tasks or handoffs, external dependencies, government furnished equipment, and government furnished information. The IMS shall also incorporate all subcontractor discrete tasks and activities.

C.2.4 FACILITY PLANS, STRATEGIES, AND ANALYSIS

C.2.4.1 The Contractor shall develop and update plans and strategies for overall facility management to include capacity planning, strategic planning, and investment planning. The Contractor shall develop a tool/roadmap for decision makers regarding facility and investment strategies at JSMC.

C.2.4.2 The Contractor shall respond to industrial base capacity inquiries, Contract Data Requirements Lists (CDRL A011), on an informal as needed basis.

Typically comprehensive requests will be two to three times per year.

Recurring information requested will include:

C.2.4.2.1 Building/equipment utilization

C.2.4.2.2 Building/equipment capacities

C.2.4.2.3 Single point failure areas

C.2.4.2.4 Identification of bottle necks and time and cost to resolve

C.2.4.2.5 Modernization Requirements

C.2.4.2.6 Critical skills, critical equipment, critical spare parts

C.2.4.2.7 Identify availability and capability of workforce

C.2.4.2.8 Critical materials/ingredients

C.2.4.2.9 Process support to include software and hardware

C.2.4.2.10 Infrastructure support

C.2.4.3 The estimated useful life of critical buildings or equipment including process software or hardware shall be identified and prioritized in need of replacement.

C.2.4.4 SIX-YEAR PLAN

C.2.4.4.1 The Contractor shall develop and maintain a Six-Year Plan which aligns with the current Area Development Plan (ADP) (Attachment 0021) that will assist the Government in forecasting budgets for facilities requirements. These requirements are defined as Government-owned equipment rehabilitation and replacement for Schedule B equipment (Attachment 0002), as well as any facility maintenance, repair, replacement, upgrade, or new construction projected to be needed in the next six years. Supporting documentation (including DD Form 1391s, PDB s, and P-25s) for these projects shall be required. The Contractor shall work with all Tenant(s) to obtain six-year plan projections on Government-owned equipment. ADP will be made available by written request thru the ACO.

C.2.4.4.2 In preparing the Six-Year Plan, the Contractor shall:

C.2.4.4.2.1 Determine and validate all forecasted requirements for JSMC for the next six years.

C.2.4.4.2.2 Coordinate the Six-Year Plan with Government representatives: COR, Real Property Accountable Officer (RPAO) and DCMA Staff at

JSMC.

C.2.4.4.2.3 Develop documents (PDB, P-25, CWO, etc.) (CDRL A018) as required to execute the projects listed in the plan.

C.2.4.4.2.4 Develop overall list of projects required by fiscal year. Projects shall be prioritized in order of importance for each fiscal year. The project priority listing shall be updated and provided to the ACO and COR at least every quarter to add any new CWOs that have been written, remove any CWOs that have been funded, and reflect changes in priority. (CDRL A013).

C.2.4.4.3 The Contractor shall submit the Six-Year Plan annually on the first business day of October. The Plan shall be in accordance with ANSI/NISO Z39.18-2005 (R2010) and DI-MISC-80711 or other suitable format approved by the COR. (CDRL A012)

C.2.4.4.4 The Six-Year Plan shall include a description of the JSMC facility including test capabilities, production capabilities, transportation abilities, power/steam generation abilities, and major facility updates in the last six years.

C.2.5 MEETINGS

C.2.5.1 AGENDA AND READ-AHEAD PACKAGES

C.2.5.1.1 The Contractor shall submit an agenda and read-ahead package for all meetings, audits, assessments, and reviews (CDRL A014).

C.2.5.2 MINUTES AND ACTION ITEMS

C.2.5.2.1 The Contractor shall record and provide minutes for all meetings, audits, assessments, and reviews (CDRL A014). The Contractor’s recorder shall be identified at the beginning of the event.

C.2.5.2.2 The Contractor shall record and provide action items for all meetings, audits, assessments, and reviews (CDRL A014). The Contractor’s recorder shall be identified at the beginning of the event.

C.2.5.3 INVITATIONS

C.2.5.3.1 The Contractor shall send invitations for all meetings, audits, assessments, and reviews not less than seven days prior to the event. Invitations are not required for recurring daily and weekly meetings.

C.2.5.4 START OF WORK MEETING (SOWM)

C.2.5.4.1 The Contractor shall conduct a contract SOWM at JSMC within 30 days after contract award. This meeting shall introduce and align the Government and Contractor teams and shall include a SOW review consistant with contract requirements. For planning purposes this meeting is anticipated to be a five consecutive day event. The Contractor shall present their organizational key roles at the SOWM and shall discuss the plan for communicating and transitioning personnel changes. At a minimum the read-ahead package shall include:

C.2.5.4.1.1 A draft agenda including schedules, locations, and participants.

C.2.5.4.1.2 Program and functional organizations including names and titles of key management individuals in an organizational chart format.

C.2.5.4.1.3 Staffing plan to include implementation schedule.

C.2.5.4.1.4 Critical path analysis.

C.2.5.4.1.5 Risk register.

C.2.5.5 CONTRACT STARTUP AND TRANSITION INTEGRATED PROCESS

TEAMS (IPTS)

C.2.5.5.1 The Contractor shall participate in Contract Start-up and Transition Integrated Process Teams (IPTs) with Government employees and the incumbent (if applicable). The Contractor shall maintain and share status information showing start-up tasks, progress on each task, and expected completion dates.

C.2.5.6 FACILITIES IPT

C.2.5.6.1 The Contractor shall participate in a Facilities IPT meeting that will meet via teleconference for no more than one hour per week. The Contractor shall report on the status of all ongoing projects and CWOs at this teleconference and via a monthly report (CDRL A006). The Contractor shall participate in a two-day onsite review in the third quarter of each fiscal year to establish a spend plan for the next fiscal year.

C.2.5.7 ENVIRONMENTAL QUALITY CONTROL COMMITTEE AND

ENVIRONMENTAL IPT

C.2.5.7.1 The Contractor shall conduct quarterly Environmental Quality Control Committee meetings and monthly Environmental IPT meetings, at a minimum. The contractor shall also conduct quarterly Safety meetings which includes radiation safety and monthly Safety IPT meetings as required. All meetings conducted with the JSMC Commander present shall include a “read ahead” pre-briefing provided to the JSMC Commander no later than 48 hours in advance of the meeting. Meeting minutes shall be documented and provided by the Contractor, with tasks identified by owner and suspense date. The Contractor shall conduct a monthly meeting to update the JSMC Government Staff of all environmental media issues. The Contractor shall provide a presentation during the meetings and meeting minutes within five days of the meeting.

C.2.5.8 MONTHLY FACILITIES PLANNING MEETING

C.2.5.8.1 The Contractor shall participate in a monthly face-to-face facilities planning meeting at JSMC to discuss facilities project status, status of CWO active projects, status of preparation of the Six-Year Plan, cost changes, issues, upcoming briefings, and a plant tour of active projects.

Other agenda items may be added as required by Contractor or the Government.

C.2.5.9 MONTHLY ARMS MARKETING CONFERENCE CALL

C.2.5.9.1 The Contractor shall participate in a monthly marketing call with the Government ARMS Team and/or other marketers to discuss current issues and best practices.

C.2.5.10 WEEKLY FACILITIES PLANNING MEETING

C.2.5.10.1 The Contractor shall participate in weekly meetings at TACOM LCMC or via telephone conference to discuss facilities project status, status of CWO's, active projects, cost changes, issues, and upcoming briefings.

Other agenda items may be added as required by Contractor or the Government.

C.2.5.11 PROGRAM MANAGEMENT REVIEWS (PMRs)

C.2.5.11.1 The Contractor shall conduct annual Program Management Reviews (PMRs) beginning first quarter the year after contract award. The PMR shall include contractor senior level program management personnel. The Contractor shall present at each PMR cost, schedule, performance, and risk status, and address the following:

C.2.5.11.1.1 Program overview and status.

C.2.5.11.1.2 Business management and contract review to include earned value.

C.2.5.11.1.3 Tenant activity.

C.2.5.11.1.4 Facility Analysis and Planning support.

C.2.5.11.1.5 CWO status and metrics.

C.2.5.11.1.6 Safety and environmental.

C.2.5.11.1.7 IMS review.

C.2.5.11.1.8 Additional read-ahead requirements may be requested prior to the start of the review.

C.2.5.11.2 The Contractor shall be prepared for a detailed PMR discussion with the Government. For planning purposes these meetings are anticipated to be a one day event.

C.2.6 REPORTING, SURVEYS, AND DATA CALLS

C.2.6.1.1 ANNUAL ARMS VALIDATION: The Contractor shall support the annual ARMS validation effort to include providing all necessary supporting documentations (CDRL’s A001, A002, A003, A004, A005).

C.2.6.2 BASE OPERATIONS REPORTING

C.2.6.2.1 The Contractor shall comply with all base operations reporting requirements. These requirements include:

C.2.6.2.1.1 Submission of Installation Status Report for Infrastructure (ISR-I) in accordance with AR 210-14. Submission of Six Year Plan and Master Plan MCA and RM installation projects into the USACE PAX DD 1391 Processor System.

C.2.6.2.1.2 Submission of Installation Status Report for Mission Capacity (ISR- MC) in accordance with SECARMY Directive 2017-07. This report identifies the condition of energy and water resources to support the mission and base operation requirements. The data is submitted into ISR-MC on an annual basis.

C.2.6.2.1.3 Validate and update the data in the Army Stationing and Installation Plan (ASIP), CDRL A019.

C.2.6.2.1.4 Validate and update the General Fund Enterprise Business System (GFEBS) within 30 days of asset disposal or capital improvement and Real Property Planning and Analysis System (RPLANS) quarterly to reflect installation real property status and requirements with oversight by JSMC-Lima Real Property Accountable Officer.

C.2.6.2.1.5 Update Real Property asset records within 30 days of asset disposal or capital improvement using appropriate documentation relative to project type (DD Form 1354, DA 337, CWO, financial documentation). Per UFC 1-300-08, AR 420-1, AR 405-45

C.2.6.2.1.6 Real Property updates shall be coordinated with government Real Property Accountable Officer (RPAO) at TACOM G4.

C.2.6.2.1.7 Respond to Army Environmental reporting requirements including:

regular data calls through the Army Environmental Database (AEDB) system. Per UFC 1-300-08, AR 420-1, AR 405-45.

C.2.6.2.1.8 Submission of installation monthly and annual inventory of radiation sources and permit (renewal, amendments data into the Army Energy and applications) as required. Water Reporting System (AEWRS).

C.2.6.2.1.9 . The contractor shall provide DD 1391s and Blue Sheets for all projects identified for Sustainment, Restoration and Modernization funding, Military Construction-Army projects, Unspecified Minor Military Construction-Army, Energy Conservation Investment Program, etc. (CDRL A018)

C.2.7 OFFICIAL MILITARY CEREMONIES AND COMMAND FUNCTIONS

C.2.7.1 The contractor shall support all official military ceremonies and command functions, to include change of command ceremonies, promotion ceremonies, and retirement ceremonies. The contractor shall coordinate with the Government to develop agendas and media to support these events. The Contractors shall provide printed ceremony literature/media (CDRL A014). The Contractor shall arrange for ceremony equipment, such as tents and seating for ceremony participants, if requested.

C.2.8 SOCIAL FUNCTIONS

C.2.8.1 The Contractor shall support official social functions hosted by the JSMC Commander, to include the JSMC family day and the JSMC Commander’s fishing tournament, both conducted on an annual basis.

C.2.9 PROGRAMMATIC EVENTS

C.2.9.1 The Contractors shall support all programmatic events, such as industry days and production ceremonies, held by the program office. The contractor shall coordinate necessary visit requests. The Contractor shall coordinate with the Government to develop agendas (CDRL A014). The Contractor shall arrange the facility and meeting location to support these events.

C.2.10 AUDITS

C.2.10.1 The Contractor shall support all audits, reviews, and inpsections conducted by external agencies (OSHA, EPA, TACOM, AMC, etc.) at JSMC. The contractor shall coordinate visit requests for audit personnel.

The Contractor shall escort and provide any necessary tours of the facility and grounds to support the audit.

C.3 PRELLIMINARY AND FINAL START-UP

C.3.1 The Preliminary Start up Plan, as provided as part of the Contractor’s proposal, will be initiated immediately upon contract award and the Final Start-up Plan (CDRL A097) shall be submitted no later than one month after contract award.

The Final Start-up Plan is subject to the PCO’s approval, and shall further develop the specific activities required and the dates by which activities must be accomplished. In the case of a contractor changeover, specific work activities shall be described that will be required of both the incumbent and Contractor to support the changeover, and the dates which it must be accomplished. In addition to the Preliminary Start-up Plan requirements, the Final Startup Plan should include the following:

C.3.1.1 Specify a personnel training programs.

C.3.1.2 Provision of required on-site office space, communications, and utilities for Contractor changeover offices.

C.3.1.3 Purchase of long lead time materials and other supplies.

C.3.1.4 Hiring plan addressing how incumbent personnel and personnel records will be approached, as permitted by law and regulation, to establish the workforce required to perform this contract.

C.3.1.5 Non-interference access to operating areas.

C.3.1.6 Transfer/novation of licenses, permits, leases, and subcontracts; or support activities related to replacement of non-transferable instruments.

C.3.1.7 Information regarding in-process Government-funded work that may necessarily be transferred from the incumbent to the Contractor for completion.

C.3.1.8 Retention and/or transfer of records, including technical data previously acquired by the Government.

C.3.1.9 Changeover of links operations, development of links capabilities, and/or utilization of other links sources.

C.3.2 The incumbent is required to provide no more than 180 days of start-up support to the new contractor in order to implement a timely and cost effective process.

C.3.3 The Contractor shall provide sufficient experienced personnel during the start-up period to ensure that the services called for by this contract are realized without interruption and do not interfere with current production.

C.4 OCCUPATIONAL HEALTH/INDUSTRIAL HYGIENE

C.4.1 The Contractor shall maintain and operate an occupational health/industrial hygiene program IAW applicable Federal, DOD, Army, State and local regulations. The area of responsibility for Section C.4 of this contract is the comprehensive JSMC property with the exception of the interior of buildings 147 & 351.

C.4.2 The Contractor shall use OSHA permissible exposure limits (PELs) except where the American Conference of Governmental Industrial Hygienists (ACGIH) threshold limit values (TLVs) are more stringent. Exposure standards and criteria shall be used to determine the need for medical monitoring, occupational health screening, and the need for protective equipment and/or reducing the exposure through engineering controls. (DA PAM 40- 11, 5-2d.)

C.4.3 When the Contractor conducts industrial hygiene monitoring, such as indoor air quality, noise sampling, radiation surveys, confined space entry permits, and other statutorily based sampling, the Contractor shall make records available for Government review upon request by the ACO. The Contractor is not required to provide individual personal identifiable information or personal health related information to the ACO.

C.4.4 The Contractor shall provide the ACO with access to their current web-based repository for chemical inventory within 90 days of contract award. The Contractor shall notify the ACO within 7 days of any significant change in the chemical inventory to include the addition of a hazardous material or compound which includes at least one hazardous material listed, or any material which has been deemed hazardous by the National Institute for Occupational Safety and Health or the chemical manufacturer.

C.4.5 The Contractor shall provide the ACO with access to their current Safety Data Sheets (SDS) for the chemicals used in work processes or stored at the facility.

C.4.6 The Contractor shall provide a copy of their written respiratory protection program to the ACO (CDRL A022). The Contractor shall ensure that personnel who are required to wear respirators have completed a medical evaluation, fit testing, and training in accordance with 29 CFR 1910.134.

C.4.7 The Contractor shall maintain and provide employee records in accordance with

29 CFR 1910.1020.

C.5 SAFETY

C.5.1 This Section applies to all use of facilities by the operating contractor, regardless of the origin of the work. The area of responsibility for Section C.5 of this contract is the comprehensive JSMC property with the exception of the interior of buildings 147 & 351.

C.5.2 The Contractor shall protect the lives and health of its employees, government employees, and the public from its operations and those of its lessees, tenants, or subcontractors. The contractor shall also protect government property.

C.5.3 The Contractor shall comply with FAR 52.223-3, Hazardous Material Identification and Material Safety Data; FAR 52.223-13, Certification of Toxic Chemical Release Reporting; DFARS 252.223-7001, Hazard Warning Labels when applicable; 32 CFR 655.10, Use of radiation sources by non-Army entities on Army land; and FAR 52.223-7, Notice of Radioactive Materials.

C.5.4 The Contractor shall participate in all safety inspections/miscellaneous inspections identifying safety deficiencies conducted by the DoD, Army, AMC, and TACOM LCMC elements. Any responses regarding the safety inspections shall be to the ACO in writing (CDRL A024).

C.5.5 The Contractor shall evaluate workplace hazards related to the safety and health of their employees. The contractor shall keep a hazard abatement log to include, at a minimum: the location of the hazard, the potential for injury or illness, the method of control or plan to mitigate the risk, and the estimated abatement date.

C.5.6 The Contractor shall immediately notify the JSMC Government Safety Office of any visit/inspection by Federal, State, DOD or local representatives to include Occupational Safety and Health Administration (OSHA), announced or unannounced. The JSMC Government Staff will be available for visits within 30 minutes of Contractor notification of an established meeting/visit. Visits shall not proceed without a JSMC Government Staff representative. A copy of all material requested and/or supplied to the visitors shall also be submitted. The Contractor shall provide an out brief to JSMC Government Staff and the JSMC Commander (or authorized representative) providing details of the visit and outcomes (CDRL A014). When possible, the Contractor shall include the JSMC Government Staff in planned contact with regulatory personnel, and when not possible, shall immediately notify the JSMC Government Staff of the outcome of regulatory contact. Neither the Contractor, nor the Government, shall engage in any negotiations with radiation safety regulators that will obligate the other party in any manner other than agreed to between the two entities. The parties shall coordinate on all significant communications (i.e., modifications, notice of violations, or permits, etc.) or negotiations with regulators, and each shall share the correspondence with the other party.

C.5.7 The Contractor assume the risk and liability for its own act or omissions, as well as the acts and omissions of any subcontractors or tenants that the Contractor brings on-site.

C.5.8 The Contractor shall coordinate with JSMC Government Staff on all written communications and negotiations with regulatory agencies. The contractor shall provide official correspondence from regulatory agencies affecting installation (i.e. DOT, State, etc.) to the JSMC Commander. All other correspondence shall be provided to the JSMC Government Staff five days before submittal for review, coordination and signing of cover letters (CDRL A099).

C.5.9 The Contractor shall not construe the requirements of this SOW as making the Army the controlling employer (as defined by the federal OSHA) at JSMC.

C.5.10 The Contractor shall comply with the requirements of Titles 10 and 32 CFR, applicable Executive Orders (EOs), state requirements, and Army Regulations for radioactive items used on-site.

C.5.11 The Contractor shall defend and negotiate, or assist in the defense and negotiation of, Notices of Violation, Notices of Deficiency, Orders, citizen's suits, etc.

Manage and maintain operational compliance with regulatory notices/orders, which address deficiencies in compliance (responses to inquiries from the state/regulators shall be coordinated with the JSMC Government Staff and shall be submitted through the JSMC Government Staff NLT 14 days before due date) (CDRL A099). The Contractor shall bear all expenses associated with any non-compliance resulting from Contractor action or inaction, and all expenses necessary to maintain compliance with regulatory requirements. In the event that the Government is assessed a monetary fine for violations caused by the Contractor’s performance, actions or inactions, the Contractor shall reimburse the Government for the amount of that fine and other costs incurred in resolving the Contractor’s violation.

C.5.12 The Contractor shall initiate Government budgeting documents required to correct existing or potential violations of laws and requirements promulgated by Federal, State, local, DOD, and EOs specified herein. The Government may seek funding to correct such deficiencies. Correction of such deficiencies may be funded by the Government on a case-by-case basis.

C.5.13 The Contractor shall assist Government personnel in reviewing plant operations (and those of its subcontractors and tenants) located at JSMC for the purpose of determining their compliance to Federal, State, local, DoD, Army Regulations, and EOs. This shall include responding to all findings and recommendations provided in any survey, tasker, inspection, or report.

C.5.14 The Contractor shall prepare corrective action plans and complete corrective actions for ISO 14001 audit findings (CDRL A026). Corrective action plans shall identify a timeline for correction, review, and verification of corrective actions.

C.5.15 The Contractor shall assist JSMC Government Staff in responding to all findings and recommendations provided in any inspection or audit reports issued by Federal, State, local, DoD, or Army agencies to correct any deficiency/violation not directly related to the contractor and/or sub-contractors’ acts or omissions.

C.5.16 The Contractor shall obtain PCO approval before bringing radioactive items onto the plant.

C.5.17 The Government reserves the right to investigate any accident or incident reported by the contractor.

C.5.18 Before signing a lease or contract for any purpose to include ARMS tenant activity, the Contractor shall do the following:

C.5.18.1 Inform lessee/subcontractors of their obligation to comply with Federal, Army, DOD, state, and local safety and health laws and regulations. The Contractor shall flow down to its lessee and subcontractors all applicable safety requirements contained in this SOW.

C.5.18.2 Decontaminate facilities and equipment to the appropriate degree to ensure safe use and compliance to federal, Army and DOD standards.

C.5.18.3 Ensure buildings and equipment meet current OSHA and other standards before allowing subcontractor or lessee access.

C.5.18.4 Ensure subcontractor or lessee returns buildings, equipment, and land to their pre-lease level of contamination or better after the lease or subcontract expires.

C.5.18.5 In addition to the accident reporting requirements in the Safety Program Plan (CDRL A036), the Contractor shall report to JSMC Government Safety Office any accident immediately upon becoming aware of their occurrence involving its lessee, tenant or subcontractor that in the opinion of the Contractor is likely to arouse media attention.

C.5.19 The Contractor shall develop and comply with a written Safety Program Plan (CDRL A036), and provide a copy to the JSMC Government Safety Office. The Safety Program Plan shall meet the requirements below:

C.5.19.1 The plan will describe in detail how the Contractor shall ensure its operations and the facilities it uses comply with OSHA requirements (primarily 29 CFR 1910. The Contractor shall address each 29 CFR 1910 Subpart (such as 1910 Subpart G, “Occupational Health and Environmental Control) separately. The Contractor need only address those subparts that apply to its operations or the facilities it uses.

C.5.19.2 The plan shall require the Contractor to document in writing all inspections, surveys, etc. performed to determine compliance with OSHA.

C.5.19.3 The plan shall require the Contractor to enter all conditions found to be non-compliant with OSHA that it cannot immediately correct into a searchable electronic database to permit tracking of the non-compliant condition until corrected. The database shall include the names and contact information (such as work telephone number) of persons responsible for correction. The JSMC Government Safety Office shall have access to the searchable electronic database.

C.5.19.4 The plan shall require the Contractor to enter into a searchable electronic database to permit tracing until abated, any hazardous condition, not attributable to non-compliance with OSHA, and not corrected upon discovery. The database shall include the names and contact information (such as work telephone number) of persons responsible for correction.

The contractor shall provide the JSMC Government Safety Office access to the searchable electronic database.

C.5.19.5 The plan shall provide that in the event of an accident resulting in fatality or hospitalization the Contractor shall take immediate action to re-focus its workforce and tenant(s) workforce on matters of safety, such as a stand down or similar appropriate activity.

C.5.19.6 The contractor shall make available to the JSMC Government Safety Office its policies and procedures pertaining to Personal Protective Equipment (PPE). The contractor shall provide safety glasses and earplugs that meet OSHA requirements to visitors and DoD employees. Contractor shall not be responsible for any PPE training except for Contractor employees.

C.5.19.7 The contractor shall be responsible for issuing entry permits into confined spaces for its personnel and review its subcontractor's confined space programs in accordance with OSHA regulations. Any required ventilation, atmospheric testing and monitoring device, personal protective, communications or rescue equipment is to be provided by the Contractor for its personnel. If a subcontractor is utilized, the Contractor shall ensure its subcontractors conform to OSHA regulations and therefore the subcontractor is required to assure its employees wear proper PPE and provide equipment described in the subcontractors Confined Space Policy.

The Contractor shall apprise its subcontractor of elements regarding the confined space including hazards identified and experience with the space that make the space in question a permit space. The contractor shall make available policies and procedures to JSMC Government Safety Office upon request.

C.6 ENVIRONMENTAL

C.6.1 The Contractor shall comply with the most current Federal, State, local, DOD, Executive Orders (EO), Polices, guidelines and Army environmental laws and regulations. This shall include establishing, maintaining, and implementing policies, objectives, priorities, and operating procedures in order to provide environmental management and maintain compliance. The area of responsibility for Section C.6 of this contract is the comprehensive JSMC property with the exception of the interior of buildings 147 & 351. The Contractor shall comply with Army Regulations (ARs) to include AR 200-1, 32 CFR 651, EOs 13423, 13514, and all other applicable EOs policies, guidelines and regulations.

C.6.2 The Contractor shall manage facility operations and methods of all DoD operations to aggressively eliminate or minimize the use of hazardous materials and the generation of hazardous and/or toxic wastes as defined in 40 CFR Protection of Environment. Wastes not defined as a Hazardous Waste (HW) in 40 CFR are also routinely handled in the immediate contract and will be properly managed.

C.6.3 For new equipment, the Contractor shall not procure any Class I Ozone Depleting Chemicals (ODCs) as listed under Section 602 (a) of the Clean Air Act, nor any Class II ODCs after 2009 as listed under Section 602(b) of the Clean Air Act.

This requirement does not apply to existing equipment.

C.6.4 The Contractor shall, establish plan(s)/report(s) required by Federal, State, local, DOD and Army laws and regulations, and Army Orders needed to bring and to maintain JSMC into compliance. These plans shall be submitted through the JSMC Government Staff for appropriate review and concurrence. All plans, reports, letters shall be provided to the JSMC Government Staff in searchable electronic format (PDF). Upon review and concurrence, the contractor shall be responsible for entering, uploading or submitting plans, data and other information into the regulator’s repository.

C.6.5 In addition to notifications required by regulations, orders, etc., immediately upon discovery (within one hour), the Contractor shall notify the JSMC Government Staff (notification shall be via phone call and email) IAW the JSMC Emergency Management Plan (EMP) (CDRL A034) of all unpermitted discharges to the environment. For the purpose of this requirement, a discharge is defined to include, any spilling, leaking, pouring, pumping, emitting, emptying, dumping, or seepage into the environment. The Contractor shall investigate the facts of each discharge, develop, and submit to the JSMC Government Staff a written spill report within 24 hours of each discharge incident, to include reportable and non-reportable quantities (CDRL A037). Photos shall be taken when a spill is discovered, recovered, and after corrective action and cleanup have been completed. Notifications to outside agencies must be coordinated and reported to the JSMC Government Staff. The Contractor is to provide all information and documentation on such events as required by Federal, State, local, and Army laws and regulations specified herein. Soil is not to be replaced/backfilled without JSMC Government Staff approval and regulatory coordination.

C.6.6 The Contractor shall coordinate with the JSMC Government Staff on all written communications and negotiations with the regulatory agencies. Should the Contractor receive official correspondence addressed to the Contractor on matters pertaining to a regulatory matter affecting the installation (i.e., all correspondence from the Ohio Environmental Protection Agency (OEPA), U.S. Environmental Protection Agency (USEPA) Region V, HQ EPA), the Contractor shall immediately provide the correspondence to the JSMC Commander. All other correspondence with the OEPA and USEPA Region V shall be provided to the JSMC Government Staff five days before submittal for review, coordination and signing of cover letters.

C.6.7 Environmental regulations provide specific guidelines for permit applications and renewal submittals. The Contractor shall submit all permit applications and renewals to the JSMC Government Staff for review and comment 30 days prior to submission IAW applicable regulations, permit conditions, or regulatory direction/directive. Copies of all final permits within five business days shall be provided to JSMC Government Staff (searchable electronic format (PDF)). All permits shall be applied for in the name of the Contractor as the operator, Army as the owner, and both the Contractor’s General Manager (or authorized representative) and the JSMC Commander or Civilian Executive Assistant will sign as required. Some permits do not have these specific blocks and it may not be possible for both entities to sign some permits. Any current permits not meeting these criteria shall be revised to meet this requirement. The Contractor shall apply for, obtain, and maintain all necessary permits and modifications thereto. The Contractor shall manage and maintain operational compliance with permits issued by any and all Federal, State and local agencies; sign any and all applications, modifications, reports, and certifications required by law, regulation, or permit, including those required of operators and generators; and terminate unneeded environmental permits. The preceding sentence shall not apply to HW manifests required as a result of remediation activities conducted pursuant to the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) Federal Facility Agreement (FFA). The Contractor however shall provide certification that each shipment of CERCLA HW which is managed/handled by the Contractor is fully and accurately described on any HW manifest prepared by the Contractor and report shipments on regulatory reports.

The Contractor shall certify such shipment is properly packed, marked, and labeled. For those submissions which require the identification and/or signature of the owner, the Army shall be identified as and/or sign as the Owner where required. The Army shall be identified as generator of CERCLA remediation derived wastes. The Contractor shall sign as operator, generator, and responsible official for any actions taken under Title V air permit, the Industrial User Discharge Permit, National Pollution Discharge Elimination System (NPDES) Permit, HW Management Permit (RCRA Part B), and Solid Waste Subpart D Permit. The Contractor shall sign as generator on any HW disposal manifests (except CERCLA).

C.6.8 The Contractor shall identify and document within 60 days of discovery any known environmental deficiencies associated with existing Federal, State, local, DoD, or Army environmental laws, regulations and/or EOs, and develop and implement plans to bring the facility into compliance. Identification and discovery documentation shall be provided to the JSMC Government Staff, as well as subsequent corrective action plans. Items identified by JSMC Government Staff require a formal response within five days. (CDRL A037)

C.6.9 The Contractor shall prepare, arrange, maintain, and conduct environmental training for the Contractor staff. The Contractor shall also provide annual HAZWOPER recertification training to the JSMC Government Staff IAW all requirements of 29 CFR 1910.120 and hazard communication training IAW 29 CFR 1910.1200, and shall provide initial and annual hazardous waste training IAW 40 CFR Part 264 and 265

C.6.10 The Contractor shall defend and negotiate, or assist in the defense and negotiation of, Notices of Violation, Notices of Deficiency, Orders, citizen's suits, etc., which address or relate to environmental deficiencies (alleged or otherwise). Manage and maintain operational compliance with regulatory notices/orders, which address deficiencies in compliance (responses to inquiries from the state/regulators shall be coordinated with the JSMC Government Staff and shall be submitted through the JSMC Government Staff NLT 14 days before due date).

The Contractor shall bear all expenses associated with any non-compliance resulting from Contractor action or inaction, and all expenses necessary to maintain compliance with regulatory requirements. In the event that the Government is assessed a monetary fine for violations caused by the Contractor’s performance, actions or inactions, the Contractor shall reimburse the Government for the amount of that fine and other costs incurred in resolving the Contractor’s violation.

C.6.11 The Contractor shall initiate Government budgeting documents required to correct existing or potential violations of laws and requirements promulgated by Federal, State, local, DoD, and Army environmental regulatory agencies and EOs specified herein. The Government may seek funding to correct such deficiencies.

Correction of such deficiencies may be funded by the Government on a case-by-case basis.

C.6.12 The Contractor shall initiate and complete required environmental documentation (e.g., Environmental Assessments, Findings of No Significant Impact, Environmental Impact Statements, Records of Environmental Consideration (REC), etc.) required for compliance with PL91-190, National Environmental Policy Act Army Materiel Command, NEPA Policy and 32 CFR 651 through the JSMC Government Staff. The RECs shall include the JSMC Government Staff provided checklist (Attachment 0008) and list out all chemicals used in the processes.

C.6.13 The Contractor shall comply with any and all environmental reporting requirements required by law, regulation, EO or to the extent specified otherwise herein. Provide a copy (searchable electronic format (PDF)) of all reports to the JSMC Government Staff 14 calendar days prior to submission to the regulators (CDRL A100). Consult with the JSMC Government Staff 30 calendar days in advance of report submission when any report identifies a non-compliance/alleged non-compliance situation or contains issues anticipated to be controversial.

C.6.14 The Contractor shall provide information and data quarterly for population of environmental requirements databases (CDRL A039) in coordination with the JSMC Government Staff. This shall be performed when new environmental requirements are identified. Contractor shall secure the rights to the extent possible to directly enter data into its respective designated regulator repository whenever possible.

C.6.15 Within 12 months of contract award, the Contractor shall establish and maintain a fence line to fence line, ISO 14001 conformant, Environmental Management System (EMS) with the exception of interior operations within buildings 351 &

147. The EMS shall include all tenants, subcontractors, lessees and JSMC Government Staff. The EMS shall include semi-annual management reviews, internal audits and corrective action reports (CDRL A040). The Contractor shall conduct required awareness training to all JSMC Government personnel, visitors, contractors, and subcontractors on an annual basis before doing work on-site.

Stated training shall be catalogued in an electronic database and provided to the Government for review upon written request by the ACO.

C.6.16 The Contractor shall assist Government personnel in reviewing all plant operations (and those of its subcontractors and tenants) located at JSMC with the exception of operations within buildings 147 & 351, for the purpose of determining their effect on the environment and compliance with Federal, State, local, DoD and Army environmental laws, regulations and EOs. This shall include responding to all findings and recommendations provided in any survey, tasker, inspection, or report.