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PERFORMANCE WORK STATEMENT (PWS)
FOR
GENERATOR MAINTENANCE AND SUPPORT CONTRACT
1.0 General:
1.1 Scope: The contractor shall provide all personnel, equipment, tools, materials, supervision, quality control and other items and non-personal services necessary to perform generator maintenance and rental service as defined in this PWS, except as specified in Paragraph 3.0 as Government Furnished. The contractor shall perform to the standards in this contract.
1.2 Background: Letterkenny generators support essential functions for the Depot and when mission requires rental generators are used to support the Depot maintenance facilities.
1.3 Period of Performance (POP): The Period of Performance shall be one Base Year of 12 months and 4 12-month option years. The Period of Performance reads as follows:
1.3.1 Base Year: ____ to ______
1.3.2 Option Year One: ____ to ______
1.3.3 Option Year Two: ____to ______
1.3.4 Option Year Three: ____to ______
1.3.5 Option Year Four: ____to ______
1.4 General Information:
1.4.1 Quality Control (QC): The contractor shall develop and maintain an effective QC program to ensure services are performed in accordance with this PWS within 30 days of contract award. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s QC program is the means by which it assures itself that its work complies with the requirements of the contract. As a minimum, the contractor shall develop QC procedures that address the areas identified in Technical Exhibit 1, Performance Requirements Summary. After acceptance of the QC Plan, the contractor shall obtain the KO’s (KO) acceptance in writing of any proposed changes to its QC system.
1.4.2 Quality Assurance (QA): The Government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and acceptable quality level(s) (defect rate(s).
1.4.3 Recognized Holidays: The following are recognized US holidays. The contractor shall not perform services on these days:
1.4.3.1 New Year’s Day: January 1st
1.4.3.2 Martin Luther King, Jr.’s Birthday: Third Monday in January
1.4.3.3 President’s Day: Third Monday in February
1.4.3.4 Memorial Day: Last Monday in May
1.4.3.5 Independence Day: July 4th
1.4.3.6 Labor Day: First Monday in September
1.4.3.7 Columbus Day: First Monday in October
1.4.3.8 Veteran’s Day: November 11th
1.4.3.9 Thanksgiving Day: Third Thursday in November
1.4.3.10 Christmas Day: December 25th
1.4.4 Place and Performance of Services: The contractor shall provide services between the hours of 0630 and 1630 on Monday through Friday, except on recognized US holidays or when the Government facility/installation is closed due to local or national emergencies, administrative closings, or similar Government-directed facility/installation closings. Performance shall be at various locations across the Depot. The contractor shall at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS when the Government facility/installation is not closed for the above reasons. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the work force are essential.
1.4.5 Security Requirements: Contractor and all associated sub-contractor’s employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce shall comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. Contractor shall provide the required information before employee starts work than once yearly. Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes.
1.4.5.1 Physical Security: The contractor shall safeguard all Government property provided for contractor use. At the close of each work period, Government facilities, equipment and materials shall be secured.
1.4.5.2 AT Level 1 Awareness Training: All contractor employees, to included subcontractor employees, requiring access to Army Installations, facilities, and controlled access areas shall complete AT Level 1 awareness training within 30 calendar days after contract start date and within 30 calendar days of new employees commencing performance. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 15 calendar days after completion of training. AT level 1 awareness training is available on the Letterkenny Army Depot homepage – www.lead.army.mil.
1.4.5.3 iWATCH Training: The contractor and all associated sub-contractors with an area of performance within an Army-controlled installation, facilities or area shall brief all employees on the local iWATCH program. This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR or contracting officer. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance. The contractor shall report completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 15 calendar days after completion of training. iWATCH training is available on the Letterkenny Army Depot homepage – www.lead.army.mil.
1.4.5.4 OPSEC Training: Per AR 530-1, Operations Security, new contractor employees and associated sub-contractor employees shall complete Level I OPSEC training within 30 calendar days of their reporting for duty and annually thereafter. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 15 calendar days after completion of training. Level 1 OPSEC training is available on the Letterkenny Army Depot homepage – www.lead.army.mil.
1.4.5.5 OPSEC SOP/Plan: The contractor shall develop an OPSEC Standing Operating Procedure (SOP)/Plan and provide it to the COR or the contracting officer within 90 calendar days of contract award, to be reviewed and approved by the responsible Government OPSEC officer, per AR 530-1, Operations Security. This SOP/Plan will include the government's critical information, why it needs to be protected, where it is located, who is responsible for it, and how to protect it. In addition, the contractor shall identify an individual who will be an OPSEC Coordinator. The contractor will ensure this individual becomes OPSEC Level II certified per AR 530-1.
1.4.6 Conservation of Utilities: The contractor shall instruct employees in utilities conservation practices. The contractor shall operate under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount.
1.4.7 Special Qualifications: The contractor shall ensure all employees possess all required licenses for operating any equipment used in the performance of this contract. Contractors must ensure that any personnel performing under a contract are fully trained, licensed, certified and qualified for the position in which they will be serving. Certifications and Licenses shall be provided to the KO before award. When new employees are hired any licenses or certifications shall be provide to the KO/COR before the employee may work on Depot. NOTE: The Government does not provide training to contractors.
1.4.8 Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the KO in accordance with Federal Acquisition Regulations Subpart 42.5. The KO, Contracting Officer’s Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contactor’s performance. At these meetings, the Contacting Officer will apprise the contractor of how the Government views the contractor’s performance and the contractor shall apprise the Government of problems, if any, being experienced The contractor shall resolve outstanding issues raised by the Government within 5 days. Contractor attendance at these meetings shall be at no additional cost to the Government.
1.4.9 Contract Manager (CM): The contactor shall provide a CM who shall ensure performance under this contract. The name of this person, and an alternate who shall act for the contractor when the CM is absent, shall be designated in writing to the KO once the contract is awarded. The CM or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.
1.4.10 Identification of Contractor Employees: All contact personnel attending meetings, answering Government telephones and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. The contractor shall also ensure that all documents or reports produced by contractor personnel are suitably marked as contractor products or that contractor participation is appropriately disclosed. All contractor personnel will be required to obtain and wear badges and wear specific uniforms in the performance of this contract. Uniforms shall consist of the company logo that identifies them as a contractor employee.
1.4.11 Organizational Conflicts of Interest (OCI): The contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent OCIs, as defined in FAR Subpart 9.5. The contractor shall notify the KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the KO to avoid or mitigate any such OCI. The contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO and in the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may affect other remedies as he or she deems necessary, including prohibiting the contractor from participation in subsequent contracted requirements which may be affected by the OCI.
2.0 Definitions and Acronyms:
2.1.1 CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.
2.1.2 CONTRACTING OFFICER (KO). A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.
2.1.3 CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government designated by the KO to monitor contractor performance. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.
2.1.4 DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.
2.1.5 DELIVERABLE. Anything that can be physically delivered and includes non-manufactured things such as meeting minutes or reports.
2.1.6 KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.
2.1.7 PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.
2.1.8 QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.
2.1.9 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.
2.1.10 QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.
2.1.11 SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.
2.1.12 WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.
2.1.13 WORK WEEK. Monday through Friday, unless specified otherwise.
2.2 ACRONYMS:
| AFARS | Army Federal Acquisition Regulation Supplement | |
| AR | | Army Regulation |
| CFR | | Code of Federal Regulations |
| CONUS | Continental United States (excludes Alaska and Hawaii) | |
| COR | | Contracting Officer Representative |
| COTS | | Commercial-Off-the-Shelf |
| DA | | Department of the Army |
| DD250 | Department of Defense Form 250 (Receiving Report) | |
| DD254 | | Department of Defense Contract Security Requirement List |
| DFARS | Defense Federal Acquisition Regulation Supplement | |
| DOD | | Department of Defense |
| FAR | | Federal Acquisition Regulation |
| KO | | Contracting Officer |
| OCI | | Organizational Conflict of Interest |
| ODC | | Other Direct Costs |
| PIPO | | Phase In/Phase Out |
| POC | | Point of Contact |
| PRS | | Performance Requirements Summary |
| PWS | | Performance Work Statement |
| QA | | Quality Assurance |
| QAP | | Quality Assurance Program |
| QASP | | Quality Assurance Surveillance Plan |
| QC | | Quality Control |
| QCP | | Quality Control Program |
| TE | | Technical Exhibit |
3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S): The Government will provide the facilities, equipment, materials, and/or services listed below:
None
4.0 Contractor Furnished Property, Materials, Equipment (CFP/M/E):
4.1 General: Except for those items specifically stated to be Government-Furnished in Paragraph 3.0, the contractor shall furnish everything required to perform these services as indicated in Paragraph 1.1.
4.1.1 Damages: The contractor agrees to save from harm, the government for any claims or damage to property, bodily injury or death resulting from activities of the contractor his agents and employees. The contractor will be held accountable and liable to the government for any damages to government facilities, fixtures, furnishings, equipment or grounds caused by the contractor or his employees.
4.1.2 Accidents: The contractor shall report all accidents to the KO & COR immediately.
5.0 Requirements: The Contractor shall provide the service of planned preventive maintenance, emergency maintenance and follow-up/remedial maintenance of the Generators identified within Attachment 1 of this PWS. All parts invoiced to the Government will be accompanied by the actual price list.
5.0.1 Semiannual Maintenance: Semi Annual Maintenance will be performed each year in May and October. Contractor will be given 30 days to complete Semi Annual Maintenance on all Emergency Power Generators on Letterkenny.
5.0.2 Semi-annual Maintenance: Includes the following services:
A. Lubrication System: Complete check of engine lube system including changing oil, oil filter, and oil sample during Full PM Service. Includes used oil removal in accordance with Environmental Protection Agency (EPA) Regulatory guidelines.
B. Fuel system: Complete check of fuel system including fuel lines, tanks and pumps, and changing fuel filter.
C. Cooling System: Complete check of cooling system and radiator including hoses and belts, and changing coolant filters (as applicable) and coolant sample during Full PM Service. Also includes checking and maintaining Diesel Coolant Additive (DCA) levels in diesel engines.
D. Batteries/Starting System: Complete check of engine batteries including battery specific gravity, voltage drop on start, battery charger output and battery cable connections.
E. Engine Components: Complete check of all engine components including block heater, starters, turbochargers, governors, exhaust and air inlet operation. On spark ignited GENSETS, includes changing spark plugs, points, condenser, cap and rotor during Full PM Service.
F. Air System: Complete check of air intake and air exhaust system including louvers/shutters for correct operation. Air cleaners are inspected. If air cleaner needs to be replaced a quote will be proposed.
G. Exhaust System: Complete check of exhaust system and muffler including exhaust restrictions, draining condensation traps, rain caps, and checking for exhaust leaks.
H. Generator Components: Complete check of all generator components including generator assembly, circuit breaker, control cabinets and control panel.
I. Generator Set Operation: Complete check of generator set operation including oil, fuel, coolant and exhaust and mounting systems. Check for stable voltage and governor operation. Check all control panel functions/instrumentation and safety shutdowns. Test system under load as conditions allow.
J. Automatic Transfer Switch (ATS) Operation: Complete check of ATS operation including positive start/stop, connections, sequencing, battery-charging and exercising.
K. Instructions: Contractor will instruct on-site personnel during PM Service on proper operating and upkeep procedures between PM Service events. Contractor will complete a Generator service log and provide a copy of documentation to the COR and/or KO.
L. Disposal: Contractor will dispose of all waste products, including but not limited to, used oil, used coolant, used parts, used gaskets and other waste material used to perform PM services in accordance with Environmental Protection Agency (EPA), Department of Environmental Protection (DEP) and Pennsylvania Department of Environmental protection (PADEP) regulatory guidelines.
M. Report: Each Generator will require a PM checklist submitted to KO or designated COR as a written report describing work performed and any additional recommended or required items not covered by PM Agreement.
N. Operational System Check: Contractor will perform an Operational Systems Check after running the Generator for no less than thirty (30) minutes. The Operational Systems check will include starting the Generator, checking the oil, fuel level, coolant and Automatic Transfer Switch (ATS) to verify operational condition. Contractor will inform the COR one (1) week in advance of beginning the Operational Systems Check.
O. Load Bank Test: Perform a 100% load bank test on the generator set to verify complete system capability and full engine and generator set performance. Load bank test is necessary to reduces wet stacking on diesel engines.
P. Building Load Test: Perform a building load test on the Emergency Power Generator System to verify complete system capability and building load acceptance and compatibility. This PM agreement would include a 2hr load bank test on each generator. Contractor will inform the COR one (1) week in advance of beginning the Building Load Test.
5.0.2.1 Schedule: Contractor shall submit schedule 30 days prior to period of performance (POP) and 15 days prior to the start of the service month for updates.
5.0.2.2 Reports: Contractor shall within 24 hours of inspection submit a report to the KO and COR indicating results of the inspection to include remedial and emergency repairs that need addressed.
5.0.3 Follow Up / Remedial Maintenance: Follow Up / Remedial Maintenance will be completed based on deficiencies identified during Annual and Semi Annual Maintenance. Repairs will be accomplished on a time and material repair basis. All additional repairs, parts or services which are required to bring the Emergency Power Generator Systems into an operational condition will be brought to the attention of the COR / KO immediately. Recommended repairs will be forwarded to the COR / KO in the form of a quote before repairs are completed. Repairs will only be made after the proper authorization from the Contracting Officer is given. Contractor response time for non-emergency services is within 72 hours after notification by the Contracting Officer. Contractor will be given forty-five (45) days upon Contracting Officer approval to complete non-emergency repairs identified.
5.0.4 Emergency Response: The Contractor is required to provide emergency repair services within 2 hours following notification by the Contracting Officer including holidays. In the event that Emergency repairs are necessary the Contractor will provide service in the form of Emergency Repair Maintenance. Any additional repairs, maintenance or service will be performed at Non-Emergency rates for labor.
5.1 MOBILE POWER GENERATION EQUIPMENT REQUIREMENT: The Contractor will provide the service of Mobile Power Generators identified within this PWS on an “as needed” basis. The contractor must have the capability to deliver all Mobile Power Generators requested within the minimum response time of 8 hours; from the time the generator is requested to the time it is delivered on-site in a ready-to-connect configuration. It is the responsibility of the contractor to provide all necessary conductors and materials to connect the generator to the load. The distance from the generator to the load shall not exceed 100 feet, unless the threat condition of the Government prevents the generator from being placed within the 100 feet. The Government will provide lugs in a disconnect switch or distribution panel board to constitute the point of connection to the load. All power generation units must contain integral diesel fuel tanks.
5.1.1 Letterkenny Army Depot (LEAD) Directorate of Public Works (DPW) Engineers will be responsible for connecting the mobile generator to the load upon delivery.
5.1.2 It is the responsibility of the Government to fuel the units while in use at Letterkenny Army Depot.
5.1.3 The Contractor must be able to acquire any or all of the following power generators: 250-kw, 500-kw, 750-kw, 1000-kw, and 1500-kw in 208Y/120-volt, 277/480-volt, and 480-volt delta configurations. Generators shall have provisions to operate in parallel for loads that exceed 1500-kw.
5.1.4 The Contractor is responsible for providing service and support for generators on site. Mobile Generators in need of repair will be removed from the site and replaced with a unit that is fully functional and in good working order within 4 hours.
5.1.5 The Government is not responsible for expenses related to repairing mobile units damaged by abuse, accident, theft, acts of a third person, forces of nature or unauthorized altering of equipment.
5.1.6 The contractor is required to provide mobile generators around the clock, 24 hours a day, 7 days a week, and 365 days a year to include all holidays.
5.2 CONTRACTOR MANPOWER REPORTING (CMR): The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the Contractor shall report ALL Contractor manpower (including subcontractor manpower) required for performance of this contract. The contractor shall completely fill in all the information in the format using the following web address https://Contractormanpower.army.pentagon.mil. The required information includes: (1) Contracting Office, KO, Contracting Officer’s Technical Representative (COTR) or also known as the Contracting Officer’s Representative (COR); (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor's name, address, phone number, e-mail address, identity of Contractor employee entering data; (5) Estimated direct labor hours (including sub-Contractors); (6) Estimated direct labor dollars paid this reporting period (including sub-Contractors); (7) Total payments (including sub-Contractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by Contractor (and separate predominant FSC for each sub-Contractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the Contractor with its UIC for the purposes of reporting this information); (11) Locations where Contractor and sub-Contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language; and (13) Number of Contractor and sub-Contractor employees deployed in theater this reporting period (by country). As part of its submission, the Contractor shall provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period shall be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a Contractor’s system to the secure website without the need for separate data entries for each required data element at the website. The specific formats for the XML direct transfer may be downloaded from the website.
6.0 Applicable Publications: Publications applicable to this PWS are listed below:
6.1 Publications applicable to this PWS are listed below: Documents applicable to this Performance Work Statement are listed below as well as stated within the PWS. These documents are mandatory and the Contractor is obligated to follow them. Supplements and amendments to mandatory publications shall be considered to be in the full force and the responsibility of the Contractor. It is the Contractor’s responsibility to ensure that all mandatory publications are posted and up-to-date. It is the Contractor’s responsibility to ensure that all mandatory publications are addressed to all employees working on depot. Manuals are subject to change throughout the life of the contract. The contractor shall follow the latest addition to any regulation, pamphlet, law or memorandum.
6.2 Army Regulation and Pamphlets: All Army Regulations apply to any work performed on Depot and can be found at the following website http://www.whs.mil/library/mildoc.htm. A nonexclusive list includes AR 385-10 Army Safety Program, and AR 385-55 Prevention of Motor Vehicle Accidents.
6.3 Other Manuals: All LEAD Regulations, Pamphlets, and Memorandums apply to any work performed on Depot. An nonexclusive list includes:
6.3.1 OSHA Part 1910- Occupational Safety and Health Standards can be found at http://www.osha.gov/index.html under Regulations / Standards.
6.3.2 Lead Pamphlet 385-4 Requirements for Security, Safety and Fire Prevention for Contractor’s Performing Work on LEAD.
6.3.3 LEAD Regulation 385-1 LEAD Safety and Occupational Health Program, Chg 4.
6.4 Other Rules and Regulations: The Contractor shall comply with all applicable federal, state and local laws, executive orders, rules and regulations applicable to its performance under this contract.
6.4.1 Local Rules and Regulations: The contractors, subcontractors, suppliers and their employees shall be governed by local, state and federal Laws along with installation rules and regulations. All the installation requirements are in the current issue of the pamphlet LEAD Reg 385-4 entitled "Security, Safety, and Fire Prevention for Contractors Performing Work on Letterkenny Army Depot, Chambersburg, PA”, Pamphlet 385-1 “LEAD Safety & Occupational Health Program”, and any additional requirements determined necessary by the KO shall be strictly complied with. Provisions for unescorted access into buildings are outlined in Chapter 2 of AR 190-16.
6.4.2 Permits: The Contractor is responsible for identifying, obtaining and renewing all permits from federal, state, local, or installation agencies to carry out the requirements specified in this contract or detailed on an individual task order.
6.4.3 Fire Regulations: The Contractor and his employees shall be required to comply with all installation regulations on fire prevention which are in effect or may be put in effect during performance of work under this contract. It is the Contractor’s responsibility to ensure that all mandatory publications are addressed to all employees working on depot.
6.4.4 Safety Requirements: The Contractor shall abide by all rules, regulations, and pamphlets concerning safety on depot posted by local, state, and federal agencies. It is the Contractor’s responsibility to ensure that all mandatory publications are addressed to all employees working on depot. Disregarding safety regulations in the industrial area shall not be tolerated. The contractor shall be required to wear safety glasses and ear protection in addition to any provisions listed in the safety regulations mentioned in this PWS.
6.4.4.1 Safety and Health Plan: The Contractor shall develop, document, and implement an effective safety and health program for this contract, including a corporate safety and health plan. This corporate safety and health plan shall be submitted to the KO for approval within thirty (30) days after contract award. A task/site specific accident prevention plan shall be developed/adapted to the services specified on the individual task orders.
6.4.5 Environmental Compliance: The Contractor shall comply with all Federal, State, and local regulations covering environmental protection. In case of a conflict among these laws and regulations, the most stringent law or regulation shall apply. If a Federal, State, or regulatory agency assesses any fine, penalty, or fee against the Government that is attributable to Contractor noncompliance with any environmental law or regulation, the Contractor shall indemnify the Government for the amount of the fine and other Government costs attributable to the violation (e.g., the cost of cleaning up a hazardous waste spill). In the event of Contractor noncompliance with any applicable environmental law or regulation, the KO shall determine whether the Government or the Contractor is responsible for abating or correcting the violation. This provision is not intended in any way to waive the Government’s rights under any other provision of this contract. The Contractor shall fully comply with current and future regulations, plans and changes.
6.4.6 Toxic/Hazardous Material and Waste Management: The Contractor shall have available at each work site where hazardous materials are used and stored, the applicable Material Safety Data Sheets (MSDS). The Contractor shall use the DoD Hazardous Material Information System (HMIS) to research the availability of and to order MSDS. The MSDS shall be readily available to employees and the KO or designated representative. The Contractor shall ensure employees are trained in the proper handling of hazardous materials.
6.4.6.1 The Contractor shall use Contractor-obtained environmentally preferred products for the performance of this contract. The Contractor shall provide the KO or designated representative with a listing of hazardous materials, quantities to be used, and copies of applicable MSDS. All hazardous materials shall be stored IAW requirements in the MSDS and Installation Fire, Safety and Environmental regulations.
6.4.6.2 The Contractor shall cooperate with the Hazardous Materials Control Center to support inventories of hazardous materials IAW the Emergency Planning and Community Right-to-Know Act (EPCRA), 40 CFR 303 ET. Seq. and AR 200-1. The Contractor shall immediately notify the KO or designated representative of any emergency releases of hazardous materials in the format required by EPCRA, 40 CFR 355.40.
6.4.6.3 If this contract results in generation of hazardous materials/waste, the contractor shall comply with the Hazardous Waste Management Plan (HWMP) regarding the use, storage and disposal of generated hazardous wastes. The contractor shall properly manifest and timely dispose all hazardous waste generated in accordance with Pennsylvania Department of Environmental Protection (PADEP) Laws and Regulations.
| Publication (Chapter / Page) |
| Date of Publication |
| Mandatory or Advisory |
| Website |
| Army Regulations |
| various |
| Mandatory |
| http://www.whs.mil/library/mildoc.htm |
| AR 385-10 Army Safety Program |
| 20 May 1991 |
| Mandatory |
| http://armypubs.army.mil/epubs/pdf/R385_10.PDF |
| AR 385-55 Prevention of Motor Vehicle Accidents |
| 12 March 1987 |
| Mandatory |
| http://www.calguard.ca.gov/gs/Documents/AR385-55.pdf |
| AR200-1 Environmental Protection and Enhancement |
| 13 December 2007 |
| Mandatory |
| http://www.rubiconplanning.com/ar-200-1.html |
| AR385-40 Accident Reporting and Records |
| 6 March 2009 |
| Mandatory |
| www.army.mil/usapa/epubs/pdf/p385_40.pdf |
| LEAD Regulations, Pamphlets, and Memorandums |
| various |
| Mandatory |
| none |
| Lead Pamphlet 385-4 Requirements for Security, Safety and Fire Prevention for Contractor’s Performing Work on LEAD |
| 15 March 2011 |
| LEAD Regulation 385-1 LEAD Safety and Occupational Health Program, Chg 4, |
| 1 April 2011 |
| OSHA Part 1910- Occupational Safety and Health Standards |
| Various |
| Mandatory |
| http://www.osha.gov/index.html |
| FAR Subpart 9.5 |
| March 2005 |
| Mandatory |
| https://www.acquisition.gov/far/current/pdf/FAR.pdf |
| Vehicle code of the Commonwealth of Pennsylvania, |
| Various |
| Mandatory |
| http://www.dmv.state.pa.us/vehicle_code/index.shtml |
| Standards of Conduct |
| 14 Dec 2011 |
| Mandatory |
| https://www.federalregister.gov/articles/2011/11/14/2011-29090/standards-of-conduct |
Pennsylvania Air Pollution Control Act (PA Code, Title 35, Chapter 23- Air Pollution)
| Mandatory |
| http://www.actionpa.org/ordinances/35ps4012.html |
ED 12088 Federal Compliance with Pollution Control Standards
| 13 October 1978 |
| Mandatory |
| http://www.ihs.gov/nonmedicalprograms/dfo/com_work/env_docs/EO_12088_Federal_Compliance_with_Pollution_Control_Standards.pdf |
Title 25 PA Code Environmental Resources Chapter 260-270
| 2009 |
| Mandatory |
| http://www.pacode.com/secure/data/025/chapter260a/chap260atoc.html |
| 40 Code of Federal Regulations (CFR) |
| 2012 |
| Advisory |
| http://www.epa.gov/lawsregs/search/40cfr.html |
40 CRF, Part 260, Hazardous Waste Management System
| 1983 |
| Mandatory |
| http://www.wbdg.org/ccb/EPA/40cfr260.pdf |
40 CRF, Part 261, Identification and Listing of Hazardous Waste
| 2003 |
| Mandatory |
| http://www.access.gpo.gov/nara/cfr/waisidx_03/40cfr261_03.html |
40 CRF, Part 262, Standards Applicable to Generators of Hazardous Waste
| Mandatory |
| http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&rgn=div5&view=text&node=40:25.0.1.1.3&idno=40 |
40 CRF, Part 263, Standards Applicable to Transporters of Hazardous Waste
| 2005 |
| Mandatory |
| http://www.wbdg.org/ccb/EPA/40cfr263.pdf |
40 CRF, Part 264, Standards of Owners and Operators of Hazardous Waste Treatment, Storage and Disposal Facilities
| 1980 |
| Mandatory |
| http://www.wbdg.org/ccb/EPA/40cfr264.pdf |
40 CRF, Part 265, Interim Status Standards for Owner and Operators of Hazardous Waste Treatment, Storage and Disposal Facilities
| Mandatory |
| http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Title40/40cfrv25_02.tpl |
TECHNICAL EXHIBIT 1
Performance Requirements Summary
This Performance Requirements Summary includes performance standards. The Government will use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL).
PWS Paragraph
Task
Performance Standard
| Acceptable Quality Levels (AQL) |
| Surveillance Method / By Whom |
| 5.0.1 |
| Semi Annual maintenance will be completed during the scheduled time frame. |
| Semi Annual maintenance schedule will be approved by the KO prior to commencement. Contractor will be given 30 days to complete Semi Annual Maintenance on the Fifteen (15) Emergency Power Generators on Letterkenny. Semi Annual maintenance will encompass all requirements as listed in the PWS In accordance with PWS; Para. C.5.1 & Para C.5.2 |
| 95% Compliance with meeting the allotted time schedule |
100% Compliance with quality of work performed Periodic Surveillance
| 5.0.3 |
| Follow Up / Remedial Maintenance will be completed based on deficiencies identified during, Semi Annual, and Emergency Maintenance. |
| ALL Follow Up / Remedial Maintenance will be approved by the KO prior too commencement. Contractor will be given forty-five (45) days, upon KO approval, to complete non critical repairs identified. In the event that critical repairs are necessary. Contractor will provide Emergency Repair Maintenance under the Emergency Repair CLIN. In accordance with PWS; Para. C.5.2 |
| 95% Compliance with meeting the allotted time schedule |
100% Compliance with quality of work performed 100% Inspection
Customer Feedback
| 5.0.4 |
| Contractor will provide emergency repair services within |
| Contractor will provide emergency repair services within two (2) hours of notification by the COR or KO. In accordance with PWS; Para. C.5.1 |
99% Compliance
100% Compliance with quality of work performed 100% Inspection
Customer Feedback
| 5.1 |
| Contractor will deliver all requested Mobile Generators within 8 hours of notification |
| Requests must be made by the COR or KO. Mobile Generators in need of repair will be removed from Letterkenny and replaced with a unit that is fully functional and in good working order. In accordance with PWS; Para. C.5.3 |
| 99% Compliance |
100% Compliance with quality of work performed 100% Inspection
Customer Feedback
TECHNICAL EXHIBIT 2
Deliverables Schedule
| Deliverable |
| Frequency |
| Number of Copies |
| Medium/Format |
| Submit To |
| 1.4.1 Performance Quality Info |
| Once; within 30 days of contract award |
| 1 |
| Electronic Submission |
| COR & KO |
| 1.4.5 Security Requirements |
| Before employee starts work then Yearly |
| 1 per employee |
| Electronic Submission |
| COR & KO |
| 1.4.5.4 AT Level 1 Awareness Training |
| within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance then Yearly |
| 1 per employee |
| Electronic Submission |
| COR & KO |
| 1.4.5.3 iWATCH Training |
| within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance then Yearly |
| 1 per employee |
| Electronic Submission |
| COR & KO |
| 1.4.5.5 OPSEC Training |
| within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance then Yearly |
| 1 per employee |
| Electronic Submission |
| COR & KO |
| 1.4.5.6 OPSEC Plan, coordinator |
| within 90 calendar days of contract award |
| 1 |
| Electronic Submission |
| COR & KO |
| 1.4.7 Certifications/ Licenses |
| With Solicitation |
| 1 per employee |
| Electronic Submission |
| COR & KO |
| 1.4.9 – Contract Manager’s Info |
| Once at contract award |
| 1 |
| Electronic Submission |
| COR & KO |
| 1.4.11 Organizational Conflicts of Interest (OCI): |
| Upon discovery |
| 1 |
| Electronic Submission |
| COR & KO |
| 4.1.1 Notify KO of Damages to Gov’t Property (TPOC) |
| Per Occurrence |
| 1 |
| Electronic Submission |
| COR & KO |
| 4.1.2 Provide Accident Reports |
| Immediately As needed |
| 1 |
| Verbal and Electronic Submission |
| COR & KO |
| 5.0.2.1 Schedule |
| 30 Days prior to POP for the year; 15 prior to start of month for updates |
| 1 |
| Electronic Submission |
| COR & KO |
| 5.0.2.2 Reports |
| Within 1 day after each inspection |
| 1 |
| Electronic Submission |
| COR & KO |
| 5.0.3 Emergency Repair Notification |
| Immediately |
| 1 |
| Verbal |
| COR & KO |
| 5.0.3 Repair quotes |
| Before repairs are completed |
| 1 |
| Electronic Submission |
| COR & KO |
| 5.2 CMR |
| Annually |
| 1 |
| Electronic Submission |
| https://cmra.army.mil |
TECHNICAL EXHIBIT 3
Generator Listing
| Location |
| Building 3322 Fuel Station Georgia Ave |
| Model Number |
| DSFAD-1322779 |
| Location |
| Building 3-South/ Engine Number 1 |
| Brand |
| Spectrum Detroit Diesel |
| Output Voltage |
| 120/240 3 phase |
| Location |
| Building 3-South/ Engine Number 2 |
| Brand |
| Spectrum Detroit Diesel |
| Output Voltage |
| 120/240 3 phase |
| Location |
| Building 10/ Engine Number 1 |
| Output Voltage |
| 120/208 3 PHASE |
| Location |
| Building 10/ Engine Number 2 |
| Output Voltage |
| 120/208 3 PHASE |
| Location |
| Building 527/Switchboard |
| Serial Number |
| L9305277720 |
| Output Voltage |
| 120/208 3 Phase |
| Location |
| Building 530/Communications |
| Output Voltage |
| 120/208 3 Phase |
| Location |
| Building 360/Waste Treatment Plant |
| Spec Number |
| 6115-01-036-6374 |
| Output Voltage |
| 120/208 3 Phase |
| Location |
| Building 385/Main Gate |
| Serial Number |
| 45017134/E940542232 |
| Output Voltage |
| 120/208 3 Phase |
| Location |
| Building 521/Fire Dept. |
| Output Voltage |
| 120/208 3 Phase |
| Location |
| Building 322/Police Desk |
| Model Number |
| DGCB-5635675 |
| Output Voltage |
| 120/208 3 Phase |
| Location |
| Building 367/Hazardous Materials |
| Output Voltage |
| 120/240 VAC Single Phase |
| Location |
| Building 5411/Volez Gate 6D |
| Model Number |
| DKAF-3382407 |
| Output Voltage |
| 120/240 VAC Single Phase |
| Location |
| Building 370 West Side/Secured Area |
| Output Voltage |
| 120/208 3 Phase |
| Location: |
| Building 3246 Radio Tower Building |
| Point of Contact: |
| Jesse Tressler 7-5337 | |
| Output Voltage |
| 120/240 volt single phase |