DRAFT_PWS_W25G1Q820801V5.pdf

PERFORMANCE WORK STATEMENT (PWS)

FOR

Fire Equipment Maintenance

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 preventive maintenance and emergency repairs as well as performance/service testing and certifacations for Letterkenny Amry Depot’s (LEAD) fire apparatus 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 Equipment: 1986 Thibault Ladder Truck and Aerial ladder, BC: J3249, LEAD Number FD300; 2016 Emergency One Fire Truck LEAD Number FD133; 2015 Emergency One Freightliner 3000 Gallon Tanker/Tender Fire Truck LEAD Number:

FD135; 2004 Unit Rescue Command LEAD Number FD502; 2004 Rehab Emergency One Fire Truck LEAD Number FD120; and the brush pump on the A0-129.

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

1.3.1 Base Year: 4 Jan 2019 to 3 Jan 2020

1.3.2 Option Year One: 4 Jan 2020 to 3 Jan 2021

1.3.3 Option Year Two: 4 Jan 2021 to 3 Jan 2022

1.3.4 Option Year Three: 4 Jan 2022 to 3 Jan 2023

1.3.5 Option Year Four: 4 Jan 2023 to 3 Jan 2024

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. 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 and the date for each can be found at the following website:

http://www.opm.gov/Operating_Status_Schedules/fedhol/Index.asp . The contractor shall not perform services on these days unless otherwise directed by the KO:

1.4.3.1 New Year’s Day

1.4.3.2 Martin Luther King, Jr.’s Birthday

1.4.3.3 President’s Day

1.4.3.4 Memorial Day

1.4.3.5 Independence Day

1.4.3.6 Labor Day

1.4.3.7 Columbus Day

1.4.3.8 Veteran’s Day

1.4.3.9 Thanksgiving Day

1.4.3.10 Christmas Day

1.4.4 Place and Performance of Services: The contractor shall provide services between the hours of 0600 - 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 either the contractors local or at the breakdown site of the vehicle. 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 employees and 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) which are in effect or may be put into effect during the course of performance of work under the contract. Required forms and instruction will be provided by COR for completion by the Contractor for access to the installation. It is the Contractor’s responsibility to ensure that all mandatory publications are addressed to all employees working on Depot. 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. Should the Force Protection Condition (FPCON) change, the Government may require changes in Contractor security matters or processes.

1.4.5.1. Public Disclosures: The Contractor shall make no public announcement or disclosure relative to information contained or developed under this contract, except as authorized by the KO or the COR.

1.4.5.2. Search and Control: Letterkenny is a controlled access post. All vehicles and personnel are subject to search and seizure of contraband and/or unauthorized government property. Contractor vehicles (Contractor-owned and personal), contractor employees, and their personal property will be subject to searches and seizure of contraband and/or unauthorized government property upon entering or leaving the Installation. The search and seizure provisions of AR 190-13, Chapter 8, will apply to contractor personnel entering or leaving Letterkenny.

1.4.5.3 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.

1.4.5.4. 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.

1.4.5.5. 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.

1.4.5.6. AT Level 1 Awareness Training: All Contractor employees, to included sub-contractor 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 sub-contractor 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.

1.4.6 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 the equipment listed in Para. 1.2 used in the performance of this contract. NOTE: The Government does not provide training to contractors. 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.

1.4.7.1 AR 420-1, Chapter 25, 25-7c(7)(7) and referenced NFPA 1911 requires persons performing maintenance, performance or service testing on fire apparatus to be certified as an Emergency Vehicle Technician (EVT).

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.

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 Contract Manager (CM) who shall ensure performance under this contract. The name of this person, and an alternate who shall act for the contractor when the CM is absent, shall be designated in writing to the KO. The CM or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. and will act as a central point of contact with the Government. When contract work is being performed at times other than as described above, an individual will be designated to act for the CM.

The CM must be able to be contacted by cell phone or other mutually agreed upon means at all times. The Contractor will only employ persons able to speak, read, write, and understand English for those positions interacting with government personnel, and where English is used or essential to provide the product, record, data, information, or service and will be able to discuss and convey the technical aspects of the work task, both orally and in written form. Contractor personnel shall be physically capable of performing work under all climatic conditions.

1.4.9.1. The designated representative will direct the Contractor's working force and operations in accordance with the requirements specified within this performance work statement and shall be empowered with sufficient authority to enable him/her to meet conditions and make decisions which arise in the day-to-day operations.

1.4.9.2. The CM or CM’s designee shall be physically present 0630-1630 Monday- Friday, or when work is being performed.

1.4.9.3. Other Personnel: The Contractor shall furnish supervisory, administrative, and direct personnel to accomplish all work required. Contractor may not hire off-duty Government Quality Assurance Evaluators or any other persons, whose employment would result in a conflict with Standards of Conduct. The Contractor shall provide the Contracting Officer or his delegated representative a current list of all supervisory personnel by email within thirty (30) days after the commencement date of the performance period. .

1.4.9.4. Contractor’s Employees: The Contractor shall provide personnel possessing the skills, knowledge, and training to satisfactorily perform the services required by this contract. Personnel performing work under this work statement shall remain employees of the Contractor and shall not be considered employees of the Government.

1.4.9.5. Employee Briefing: Each employee used in conjunction with this contract shall receive a thorough briefing by the Contractor relating to the standards of work to be achieved and maintained under the contract, and the personal conduct, regulations, and safety measures that must be observed while on the installation. The Contractor shall maintain a file of all such briefings.

1.4.9.6. Employee Conduct: In accordance with AR 600-85, The Army Substance Abuse Program dated 2 February 2009, the Contractor shall not allow any employee to perform work who has illegal possession of, or who is under the influence of alcohol or controlled substances. http://www.apd.army.mil/pdffiles/r600_85.pdf. Government rules, regulations, laws, directives, and requirements, which are in place or issued during the contract term will be applicable to all contractor employees or representatives who enter the Installation or who travel using government transportation. Violation of such rules, regulations, laws, directives, or requirements will be grounds for removal (permanently or temporarily as the Government determines) from the work site. Individuals who violate such rules, regulations, laws, directives, or requirements may be denied access to the Installation, either temporarily or permanently. As outlined in AR 190-5, being charged with DUI or any serious traffic offense individuals' privilege to drive on installation can be suspended for one year. http://www.apd.army.mil/pdffiles/r190_5.pdf This is also covered in LEAD Reg. 1-6.

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

1.4.9.8. Contractor’s Vehicles: All privately owned vehicles (POVs) operated on the Depot by the Contractor or his employees shall be registered with the DES, Building 2.

Contract employees shall park their personal and Contractor's vehicles in the area designated by the DES. POVs are not permitted in the Munitions Center. Any non-POV vehicles that enter the area must be clearly marked with company logo.

1.4.9.9. Conflict of Interest: The Contractor shall not employ any employee of the United States Government, either military or civilian, if such employment would create a conflict of interest. The Contractor shall not employ any person who is an employee of the Department Of Defense, unless such person receives prior approval in writing from the KO.

1.4.9.10. Conduct of Personnel: The Contractor may be required to remove from the job site any employee working under this Performance Work Statement (PWS) for reasons of misconduct, or security, or found to be or suspected to be under the influence of alcohol, drugs, or other incapacitating agent. The Contractor’s employees shall be subject to dismissal from the premises upon determination by the KO that such action is in the best interests of the Government. Such removal from the job site or dismissal from the premises will not be the basis for a claim by the Contractor and will not relieve the Contractor of the requirement to provide sufficient personnel to perform the services as required by this PWS.

1.4.10 Identification of Contractor Employees: All contract 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.

1.4.11 Contractor Travel: The contractor will be required to transport the equipment to and from the contractors site for any task that is listed in the contract. Travel time will not be reimbursed and should be included in any unit pricing for said work.

1.4.12 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.

1.4.13. Invoicing: Payment will be made monthly upon submission of a correct invoice through Wide Area Work Flow (WAWF).

1.4.14. Circumstances to be Reported: The Contractor or the Contractor's employees shall report any circumstances of needed repair of the facility to the Building Custodian or Contracting Officer's Representative (COR). Unusual soiling of an area which may affect the performance of the work will be reported to the Contracting Officer or his representative. Unhealthful or hazardous conditions, or interference with the work caused by government employees will be reported immediately to the Contracting Officer or his representative.

1.4.14.1. Prior to disposal of Hazardous Materials they must be approved by the DPW’s Environmental Management Division, who will direct a disposal point.

1.4.15. Lost and Found Property: It is the responsibility of the Contractor to ensure all articles of possible personal or monetary value found by the Contractor's employees are immediately turned in to the Security Office, located in Building 322, and reported to the Police Desk phone (717) 267-8800.

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:

3.1 Facilities: The Government will not furnish the necessary workspace for the contractor staff to provide the support outlined in this PWS to include desk space, telephones, computers and other items necessary to maintain an office environment.

3.2 Equipment: NONE

3.3 Materials: NONE

3.4 Services: Direction that contradicts contractual direction on task execution or which appear to violate licensing and/or proprietary considerations, will be immediately brought to the attention of the Contracting Officer in writing or certified electronic document for resolution. Direction given to any Contracted employee by anyone else other than the COR or the KO will not be reimbursed. Only tasks identified in the contract or modifications to the contract will be honored for payment.

3.5 Utilities: All utilities in the facility will be available for the contactor’s use in the performance of this contract.

4.0 Contractor Furnished Property, Materials, Equipment (CFP/M/E):

4.1 General: Except for those items specifically stated to be Government-Furnished in Paragraph 3.0, the contractor shall furnish everything required to perform these services as indicated in Paragraph 1.1.

4.2. Materials: The Contractor shall furnish all materials, except Government furnished, necessary to perform the tasks specified in the contract. The Government will not be held responsible for damage to the Contractor's supplies, materials, equipment or personal belongings brought onto the installation by employees of the Contractor.

4.3. Equipment and Tools: The Contractor shall furnish all equipment and tools necessary to properly perform the work defined in this contract. All equipment used by or proposed to be used by the Contractor shall be in good mechanical condition and will be subject to approval by the KO before use in performance of this contract.

4.3.1. All equipment used by the Contractor in the performance of the work will be operated to conform to the vehicle code of the Commonwealth of Pennsylvania, http://www.dmv.state.pa.us/vehicle_code/index.shtml. No equipment may be parked within fifty (50) feet of a building in the Ammunition Area.

4.3.2. The Contractor shall provide his employees with Safety Shoes, hearing protection and protective eyeglasses as required by LEAD Pamphlet 385-4, see Attachment 3.

5.0 Requirements: The contractor shall perform the services listed below in accordance with Army Regulation (AR) 420-1 and the National Fire Protection Association Regulations (NFPA) 1911 and 1932:

5.1 Preventive Annual Maintenance- The contractor will provide annual maintenance and servicing to the fire pumps, gauges, valves, primers, and associated hardware of the pumps and any and all electrical components on all Fire Department Apparatus: to include but not limited to FD300 and Aerial Ladder, FD120, FD133, FD502, FD135, and the brush pump that is currently on A0-129. Service will also include the evaluation and adjustment of the following: rotation gear, PTO operations, jack and outrigger, check nuts and bolts, basket mounting, basket leveling, boom assembly, wear on all cable and rung covers. Inspect hydraulic hoses and oil system for leaks, inspect the electrical system, reservoir system, bearings and lubricate and change fluids per manufacturer specification. Annual Maintenance will be performed at the contractor’s locations and include the following testing and certifications for the ladders and pumps.

5.1.1 Accordance with NFPA 1932 annual ground ladder testing will be performed on all ground ladders annually.

5.1.1.1 Current Inventory: 1 each-12 foot roof ladder, 3 each -10 foot attic ladder, 3 each -14 foot roof ladder, 3 each -24 foot extension ladder, 1 each -17 foot multi-purpose combination ladder. All of aluminum construction.

5.1.2 Accordance with NFPA 1911 aerial certification testing will be performed on FD300’s ladder annually. To include the required non-destructive testing at five year intervals or as required.

5.1.3 Accordance with NFPA 1911 all pumps will be tested and certified annually on all equipment.

5.2. Restorative Maintenance: The contractor is required to Start assessing the repair for a quote within twenty-four (24) hours of telephone or electronic notification by the Government. Once the quote of repairs is approved by Contracting and or the COR the contractor has 4 days to fix the Fire Apparatus and have it returned to Letterkenny Army Depot. Such responses will be separate from the normal requirements outlined in paragraph 5.1. Emergencies may occur at any location on the installation and may require the Contractor to respond at the breakdown site. Once repair services commence the Contractor will continue with the repair in a continuous effort until the fire equipment is determined to be operable. Any repairs involving the equipment listed above are considered to be critical to the everyday operational duties. Extention requests to the 4 day time period must be submitted in writing to the COR/KO for approval.

5.3 All applicable repair, preventive maintenance, testing and certification completion reports (NFPA 1911 Annex C) must be submitted when invoicing.

5.4 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: 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 will 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.

6.1. 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.

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

6.2.1. OSHA Part 1910- Occupational Safety and Health Standards can be found at http://www.osha.gov/index.html under Regulations / Standards.

6.2.2. Lead Pamphlet 385-4 Requirements for Security, Safety and Fire Prevention for Contractor’s Performing Work on LEAD, see Attachment 3.

6.2.3. LEAD Regulation 385-1 LEAD Safety and Occupational Health Program, Chg 4, see Attachment 2.

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

6.4. Local Rules and Regulations: The Contractors, sub-contractors, 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", see Attachment 2, Pamphlet 385-1 “LEAD Safety & Occupational Health Program”, and any additional requirements determined necessary by the Contracting Officer will be strictly complied with. Provisions for unescorted access into buildings are outlined in Chapter 2 of AR 190-16.

6.5. 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. Contractor shall provide copies of permits thru email upon request by the Contracting Officer or COR.

6.6. 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.

6.7. Fire Extinguishers: Extinguishers must be on all motorized equipment and trailers if they are to enter the Munitions Area. If one is not mounted to the motorized equipment and trailer, access will be denied into the area. Motorized equipment examples are, but not limited to commercial trucks, mowers, and tractors.

6.8. 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 will not be tolerated.

6.9. 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 will be submitted to the Contracting Officer for approval within thirty (30) days after contract award. A task/site specific accident prevention plan will be developed/adapted to the services specified on the individual task orders to include mower tipping hazards and diesel spills.

6.10. Non-Contractual Direction: Direction that contradicts contractual direction on task execution or which appear to violate licensing and/or proprietary considerations, will be immediately brought to the attention of the COR and Contracting Officer in writing thru email.

6.11. Direction given to any Contracted employee by anyone else other than the COR or the KO will not be reimbursed. Only tasks given on delivery orders or modifications to the delivery orders will be honored for payment.

6.12. 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 will 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 Contracting Officer will 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.

6.13. 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 will be readily available to employees and the Contracting Officer or designated representative. The Contractor shall ensure employees are trained in the proper handling of hazardous materials.

6.13.1. The Contractor shall use contractor-obtained environmentally preferred products for the performance of this contract. The Contractor shall provide the Contracting Officer or designated representative with a listing of hazardous materials, quantities to be used, and copies of applicable MSDS. All hazardous materials will be stored IAW requirements in the MSDS and Installation Fire, Safety and Environmental regulations.

6.13.2. 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 Contracting Officer or designated representative of any emergency releases of hazardous materials in the format required by EPCRA, 40

CFR 355.40.

6.13.3. 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

All Army Regulations

Various Mandatory http://www.whs.mil/library/mildoc.htm

All LEAD Regulations, Pamphlets, and Memorandums

Various Mandatory None

OSHA Part 1910-

Occupational Safety and

Health Standards

Various Mandatory http://www.osha.gov/index.html

Lead Pamphlet 385-4

Requirements for Security, 15 Mar

Mandatory None

Safety and Fire Prevention for Contractor’s Performing

Work on LEAD

LEAD

Regulation

385-1 LEAD

Safety and

Occupational Health

Program, Chg 4, 1 Apr 2011 Mandatory None

Army Regulation

420-1, Army Facilities

Management

24 August

Mandatory http://www.apd.army.mil/pdffiles/r420_1.pdf

NFPA 1901,

Automotive

Fire Apparatus

Edition

Mandatory http://www.nfpa.org/

NFPA 1911,

Inspection, Maintenance, Testing, and Retirement of

In-Service Automotive

Fire Apparatus

Edition

Mandatory http://www.nfpa.org/

NFPA 1932,

Use, Maintenance, and Service Testing of In- Service Fire Department

Ground Ladders

Edition

Mandatory http://www.nfpa.org/

AR 385-10

Army Safety

Program

24 Feb

Mandatory https://armypubs.army.mil/ProductMaps/PubForm/AR.aspx

AR200-1

Environmental Protection and Enhancement

December

Mandatory http://www.dodnaturalresources.net/AR200-1_2007.pdf

Pennsylvania Air Pollution

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

Pollution)

Mandatory http://www.actionpa.org/o rdinances/35ps4012.html

40 Code of Federal

Regulations

(CFR)

2012 Advisory http://www.epa.gov/lawsregs/search/40cfr.html

FAR Subpart 42.5

24 Jan

Mandatory https://www.acquisition.gov/browsefar

Standards of Conduct

14 Dec

Mandatory https://www.federalregiste r.gov/articles/2011/11/14/ 2011- 29090/standards-of- conduct

Lead Pamphlet 385-4

Requirements for Security, Safety and Fire Prevention for Contractor’s Performing

Work on LEAD

15 March

Mandatory None

Vehicle code of the

Commonwealth of

Pennsylvania, Various Mandatory http://www.dmv.pa.gov/Pages/default.aspx/vehicle_code/index.shtml.

AR385-40

Accident

Reporting and Records

6 March

Mandatory http://www.wsmr.army.mil/pdf/PAM385_40.pdf

7. Attachments:

7.1. Attachment 1: LEAD Regulation 385-1, LEAD Safety and Occupational Health

Program

7.2. Attachment 2: LEAD Regulation 385-4, Requirements for Security, Safety, and

Fire Prevention for Contractors working on LEAD

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

5.1 The contractor shall perform

preventive maintenance within the established timeframes.

The contractor shall perform preventive maintenance within the established timeframes 98% of the time each year.

2% failure to perform preventive maintenance within the established timeframes each year.

Periodic Inspection -

COR

5.1.1 – 5.1.1.1

The contractor shall perform ladder testing within the established timeframes.

The contractor shall perform ladder testing within the

2% failure to perform ladder testing within the

Periodic Inspection -

COR

established timeframes 98% of the time each year.

established timeframes each year.

5.1.2 The contractor shall perform

ladder certification within the established timeframes.

The contractor shall perform ladder certification within the established timeframes 98% of the time each year.

2% failure to perform ladder certification within the established timeframes each year.

Periodic Inspection -

COR

5.1.3 The contractor shall perform

pump testing & certification within the established timeframes.

The contractor shall perform pump testing & certification within the established timeframes 98% of the time each year.

2% failure to perform ladder certification within the established timeframes each year.

Periodic Inspection -

COR

5.2 The contractor shall perform

restorative maintenance within the established timeframes.

The contractor shall perform restorative maintenance within the established timeframes 98% of the time each year.

2% failure to perform restorative maintenance within the established timeframes each year.

Periodic Inspection -

COR

5.3. The contractor shall

complete all reports

The contractor shall complete all reports for repair, preventive maintenance, testing and certification (NFPA 1911 Annex C) when invoicing

2% failure to perform restorative maintenance within the established timeframes each year.

Periodic Inspection

– COR

TECHNICAL EXHIBIT 2

Deliverables Schedule

Deliverable Frequency Number of Copies

Medium/Form at

Submit To

1.4.1 Quality Control When a change occurs 1 Electronic

Submission

KO

1.4.5.4 - iWATCH Training within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance

1 Electronic Submission

COR

1.4.5.5 OPSEC

Training within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance

1 Electronic Submission

COR

1.4.5.6. AT Level 1

Awareness Training within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance

1 Electronic Submission

COR

1.4.7 - Special Qualifications

With solicitation 1 Paper copy KO

1.4.9 Contract

Manager

At award 1 Electronic Submission

COR

1.4.12 Organizational

Conflicts of Interest

Immediately upon identification

1 Electronic submission

KO

5.3 Service reports At the time of invoicing 1 Electronic

submission

COR

5.4 – CMR Annually N/A Electronic Submission https://cmra.army.mil