Amendment A001.pdf

MICHELLE FIKE

717-267-5325

LETTERKENNY CONTRACTING OFFICE - ACC

1 OVERCASH AVENUE CCAM-ALK BLDG 2S

CHAMBERSBURG PA 17201-4150

W25G1Q9296R001

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

This amendment extends the due date, to answ er vendor questions, to revise section 5.1.1 in the performance w ork statement and to revise CLIN 0009, 1009, and 2009. See summary of changes. All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 29

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 07-Aug-2020

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W911N220R0011

X 9B. DATED (SEE ITEM 11)

21-Jul-2020

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

06-Aug-2020

CODE

LETTERKENNY ARMY DEPOT

LETTERKENNY CONTRACTING OFFICE - ACC-RSA-LEAD

1 OVERCASH AVENUE, ATTN: CCAM-MLK, BLDG 2S

CHAMBERSBURG PA 17201-4150

W911N2 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE W911N2

FACILITY CODECODE

EMAIL:TEL:

W911N220R0011

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 07-Aug-2020 12:00 PM to 20-Aug-2020 12:00 PM.

SUPPLIES OR SERVICES AND PRICES

CLIN 0009

The CLIN description has changed from Mobile 5000KW Generator Rental to Mobile 500KW Generator Rental.

The CLIN extended description has changed from:

Mobile 5000KW Generator Rental, 1 Lot = 1 Week

To:

Mobile 500KW Generator Rental, 1 Lot = 1 Week

CLIN 1009

Rental.

CLIN 2009

Rental.

The following have been added by full text:

QUESTION AND ANSWERS

Q1: Are the Annual Load Bank Tests to be for 2 Hours or 4 Hours?

A1: 2 hours is the required time.

Q2: What is the onsite access of each generator (Rooftop, Outside Ground Level, Indoor Basement, etc.)?

A2: Outside Ground Level and Indoor Mechanical Rooms.

Q3: On the pricing sheet, for example Item 0003 says Annual Load Bank Test but then further down says Annual Load Bank Test / Annual Building Load Test. Is the pricing to be filled in the total dollar amount of the Annual Load Bank Test plus the Annual Building Load Test?

A3: They are two different functions, but preferred that they are done at the same time and the Government only needs them done annually.

Q4. On the pricing sheet, Item 0009, 1009 & 2009 all request pricing for a 5000KW Rental Generator, is this accurate?

A4: You are right it should be 500KW Rental Generator.

Q5. On the pricing sheet, Item 0002, 1002 & 2002 request pricing for Repair Parts, what Parts are to be included in this pricing?

A5: This price is set by the Government and is not a bid item. Generator parts should be provided to the Government at Cost as needed.

Q6: This does not include routine preventive maintenance such as oil change, filter change, and semi/annual maintenance. Will you please confirm this? If this does require routine maintenance, will you provide a scope of work?

A6: This procurment does not require routine preventative maintenance.

The following have been modified:

PERFORMANCE WORK STATEMENT

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 for generators that are waiting to be repaired 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 2 12-month option years. The Period of Performance reads as follows:

1.3.1 Base Year: 15 Aug 2020 to 14 Aug 2021

1.3.2 Option Year One: 15 Aug 2021 to 14 Aug 2022

1.3.3 Option Year Two: 15 Aug 2022 to 14 Aug 2023

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 shall be applied, the frequency of surveillance, and acceptable quality level(s) (defect rate(s).

1.4.2.1. Interference with Government Operation: The Contractor and the Contractor’s employees shall perform all work in such a manner as to avoid interference with regularly scheduled Government operational activities.

1.4.2.2. Service Cooperation: The Contractor shall cooperate fully with the KO (Contracting Officer) and COR (Contracting Officer Representative) to accomplish work in support of the Depot and its assigned mission. In order to fulfill the intent of the contract, the Contractor must be flexible in meeting changing requirements and priorities. The Government reserves the right to reprioritize the work to be done under the contract in order to meet changing needs and requirements, so long as such changes are within the services to be provided by the Contractor.

Any such changes will be performed at no additional cost for the services rendered.

1.4.2.3. Losses or Damages Caused by the Contractor: The Contractor agrees to save harmless the Government from any claims for damage to property, bodily injury, or death resulting from activities of the Contractor, his agents, servants, and employees. The Contractor shall be held accountable and liable to the Government for any damages to, but not limited to Government facilities, fixtures, furnishings, equipment, telephone pedestals, electrical apparatus or grounds caused by the Contractor or his employees. The Contractor shall verbally notify the KO or COR immediately following any occurrences. The Contractor shall submit to the KO or COR within twenty-four (24) hours following occurrences of any such damage, loss or injury, a complete report of the incident.

1.4.2.4. Accident Prevention: In order to provide safety controls for protection to the life and health of employees and other persons; for prevention of damage to property, materials, supplies, and equipment; and to avoid work interruptions in the performance of this contract, the Contractor shall comply with all pertinent provisions of the Army's safety regulations and shall also take or cause to be taken such additional measures as the KO may determine to be reasonably necessary for the purpose.

1.4.2.5.1. If the KO notifies the Contractor of any non-compliance with foregoing provisions and the action to be taken, the Contractor shall, after receipt of notice, immediately correct the deficiencies. Such notice when delivered to the Contractor or his representative at the site of work will be deemed sufficient for this purpose. If the Contractor fails or refuses to comply promptly, the KO may issue an order stopping payment on work performed under this contract until satisfactory corrective action has been taken.

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: Second Monday in October.

1.4.3.8 Veteran’s Day: November 11th

1.4.3.9 Thanksgiving Day: Fourth Thursday in November.

1.4.3.10 Christmas Day: December 25th

1.4.3.11 The Depot recognizes a regular closure day which occurs every other Friday. When an observed holiday falls on a Tuesday or Thursday, the Depot’s regularly scheduled closure day moves to the corresponding Monday or Friday.

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.

1.4.4.1. Performance shall be at site Letterkenny Army Depot (LEAD) located in the Cumberland Valley approximately 4 miles north of Chambersburg, Pa., Franklin County in south central Pennsylvania.

1.4.4.2. Emergency Services: The Contractor shall provide emergency response services that may fall outside the normal hours of operation listed in paragraph 1.4.4.

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. 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 Army Depot.

1.4.5.3. 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.

1.4.5.4 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.

1.4.5.5 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 shall 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.

1.4.5.6 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.

1.4.5.7 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 shall 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 shall be an OPSEC Coordinator. The Contractor shall 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 shall be serving. Certifications and licenses shall be provided to the COR after 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, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the contactor’s performance. At these meetings, the KO shall 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.

1.4.9.1. 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. 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.

1.4.9.4. 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.

1.4.9.5. Employee Conduct: In accordance with AR 600-85, The Army Substance Abuse Program, 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, such action is in the best interest of the Government. 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.

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.

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

1.4.9.7. 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.

1.4.10. 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.

1.4.11. 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 shall 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.

1.4.12. 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 shall be required to obtain and wear badges.

1.4.13. 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 shall 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.

1.4.14. Invoicing: Upon completion of all services, the Contractor shall submit a detailed invoice with line item breakdowns to the COR. Payment will be made monthly upon submission of a correct invoice through Wide Area Work Flow (WAWF).

1.4.15. 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 COR. Unusual soiling of an area which may affect the performance of the work will be reported to the KO or his representative. Unhealthful or hazardous conditions, or interference with the work caused by Government employees will be reported immediately to the KO or his representative.

1.4.16. Prior to disposal of hazardous materials they must be approved by the DPW’s Environmental Management Division, who will direct a disposal point.

1.4.17. 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. ACCOUNTABILITY: The basic obligation imposed by law, lawful order, or regulation, upon a person to establish and keep accurate record(s) of property, documents, or funds. The person having this obligation may or may not have actual possession of the property, documents, or funds.

2.1.2 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.

2.1.3 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.

2.1.4 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.

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

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

2.1.7. FAR: Federal Acquisition Regulations: The Federal Government’s regulation for the execution of all federal acquisitions and purchases with contractors and suppliers. It contains clauses which may or may not be included in the contract.

2.1.8. GOVERNMENT: United States of America, U.S. Army, and/or Letterkenny Army Depot.

2.1.9. HAZARDOUS WASTE: A waste as defined in title 40, CFR, Part 261.3.

2.1.10. INSPECTION: The examination and testing of supplies or services to determine whether they conform to contract requirements. Inspections could be administered by the Inspector or the

COR.

2.1.11. 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.

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

2.1.13. POC: Point of Contact

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

2.1.15. QUALITY ASSURANCE EVALUATOR (QAE): Representative of the Contracting Officer who normally performs surveillance of the contract.

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

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

2.1.18 SUBCONTRACTOR. One that enters into a contract with a prime Contractor. The Government does not have privity of contract with the subContractor.

2.1.19. TPOC: Technical Point of Contact.

2.1.20. WAWF: Wide Area Workflow communication allows vendors to submit and track invoices and receipt/acceptance documents over the web and allows Government personnel to process those invoices in a real-time, paperless environment.

2.1.21. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.22. 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 CM Contract Manager 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 HAZMAT Hazardous Material HAZWASTE Hazardous Waste KO Contracting Officer OCI Organizational Conflict of Interest ODC Other Direct Costs OPSEC Operational Security OSHA Occupation Safety and Health Standard PA Pennsylvania PADEP Pennsylvania Department of Environmental Protection PIPO Phase In/Phase Out POC Point of Contact POV Privately Owned Vehicle PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAE Quality Assurance Evaluator QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit WAWF Wide Area Workflow

3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S): The Government shall 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: 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. 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.

4.1.2. 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.

4.1.3. 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.

4.2 Delivery: Contractor shall be responsible for connecting the mobile generator to the load upon delivery. Letterkenny Army Depot (LEAD) Directorate of Public Works (DPW) will designate a connection point.

4.3 Fuel: It is the responsibility of the Government to fuel the units while in use at Letterkenny Army Depot.

5.0 Requirements: The Contractor shall provide the service of Annual Load Bank Test and Annual Building Load Test, follow-up/remedial maintenance, and emergency maintenance of the Generators identified within Technical Exhibit 3 of this PWS.

5.1 Annual Load Tests

5.1.1 Annual 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 reduce wet stacking on diesel engines. This shall include a 2 hour load test on each generator. Contractor shall inform the COR one (1) week in advance of beginning the Load Test.

5.1.2 Annual 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 shall include a 2 hour building load test on each generator. Contractor shall inform the COR one (1) week in advance of beginning the Building Load Test.

5.1.3. 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 to the COR.

5.1.4. Reports: Contractor shall within 24 hours of inspection submit a report to the COR indicating results of the inspection to include remedial and emergency repairs that need addressed.

5.2 Maintenance and Repairs:

5.2.1 Follow Up/Remedial Maintenance: Follow Up/Remedial Maintenance shall be completed based on deficiencies identified during Annual Load Bank Test and Annual Building Load Test and necessary repairs identified by the Government. Repairs shall be accomplished on a time and material basis. All additional repairs, parts or services which are required to bring the Emergency Power Generator Systems into an operational condition shall be brought to the attention of the COR/KO immediately and followed-up with a detailed quote within forty-eight

(48) hours. Repairs shall only be made after the proper authorization from the COR/KO is given.

Contractor response time for non-emergency services is within 72 hours after notification by the COR/KO. Contractor shall be given fourteen (14) days upon COR/KO approval to complete non-emergency repairs identified.

5.2.2 Emergency Response: The Contractor is required to provide emergency repair services within 2 hours following the notification by the COR/KO including holidays. In the event that Emergency repairs are necessary the Contractor shall provide any services necessary to rectify the immediate emergency as emergency repair maintenance. Any additional repairs, maintenance or service required shall be performed at non-emergency rates for labor.

5.2.3 Invoices for maintenance and repairs will be broken out by type of labor (emergency or non-emergency) and parts. All parts invoiced to the Government shall be accompanied by the actual price list.

5.3 Disposal: Contractor shall 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 services in accordance with Environmental Protection Agency (EPA), Department of Environmental Protection (DEP) and Pennsylvania Department of Environmental protection (PADEP) regulatory guidelines. The disposal site shall be determined by the Contractor and shall not be on

LEAD.

5.4 MOBILE POWER GENERATION EQUIPMENT REQUIREMENT: The Contractor shall provide the service of Mobile Power Generators identified within this PWS on an “as needed” basis. The Contractor shall 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, materials and labor 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 shall provide lugs in a disconnect switch or distribution panel board to constitute the point of connection to the load. All power generation units shall contain integral diesel fuel tanks.

5.4.1. The Contractor shall be able to supply any or all of the following power generators: 50kw 120/240v 1 ph, 80kw 120/208v 3ph, 150kw 120/208v 3 ph, 500kw 277/480v 3 ph.

5.4.2. The Contractor is responsible for providing service and support for generators on site.

Mobile generators in need of repair shall be removed from the site and replaced with a unit that is fully functional and in good working order within 4 hours. Maintenance and repairs to mobile generators shall be the responsibility of the Contractor and the Government is not responsible for expenses incurred.

5.4.3. 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.

5.4.4. The Contractor shall provide mobile generators around the clock, 24 hours a day, 7 days a week, and 365 days a year to include all holidays.

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

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.

6.4.1 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. 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

6.4.4.1. The contractor is reminded that LEAD maintains a Safety Management System (SMS) and is either OHSAS 18001 or ISO 45001 certified.

6.4.4.2. Safety Policy: LEAD’s safety policy and safety program (LEAD-R 385-1) can be found at https://www.letterkenny.army.mil/visitors.html It is the contractor’s responsibility to be familiar with these documents and to comply with their contents.

6.4.4.3. Accidents: Any and all accidents, including property damage and injury/illness, that occur as a result of the execution of this contract, on or off the LEAD worksite, shall be reported immediately by the most expeditious means possible, but not more than one hour, to the COR and the KO. Subsequent notification will then be immediately made to the LEAD Safety Office and other applicable LEAD entities such as the fire department and the Directorate of Public Works. The contractor will investigate all accidents resulting in property damage or injury/illness to determine a root cause. Immediate and appropriate action will be taken by the contractor to prevent recurrence. Objective evidence of the investigation and corrective action shall be maintained by the contractor and provided to the COR and KO upon request.

6.4.4.4. Any and all on site work at LEAD shall be completed in accordance with applicable OSHA, DoD, Army, and LEAD Safety requirements. As a federal installation, additional requirements other than OSHA apply to contractors performing work at LEAD. Examples include full conformance to all applicable NFPA standards, ANSI standards, manufacture’s recommendations for maintenance and safe operation, and other consensus standards for the industry covered by the subject contract. It is the responsibility of the contractor to be familiar with all applicable standards prior to starting work. Additionally, the contractor shall make themselves familiar with and comply with LEAD's local safety regulation LEAD-R 385-1 prior to the start of any work at LEAD.

6.4.4.5. 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.

6.5. 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 non-compliance 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 non-compliance 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.

6.5.1. Toxic/Hazardous Material and Waste Management: The Contractor shall have available at each work site where hazardous materials are used and stored, the applicable Safety Data Sheets (SDS). The Contractor shall use the DoD Hazardous Material Information System (HMIS) to research the availability of and to order SDS. The SDS shall be readily available to employees and the KO or COR. The Contractor shall ensure employees are trained in the proper handling of hazardous materials.

6.5.2. The Contractor shall use Contractor-obtained environmentally preferred products for the performance of this contract. The Contractor shall provide the KO or COR with a listing of hazardous materials, quantities to be used, and copies of applicable SDS. All hazardous materials shall be stored IAW requirements in the SDS and Installation Fire, Safety and Environmental regulations.

6.5.3. 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 COR of any emergency releases of hazardous materials in the format required by EPCRA, 40 CFR 355.40.

6.5. 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 https://armypubs.army.mil/Pr oductMaps/PubForm/AR.asp x

AR 190-5 22 May 2006 Mandatory https://armypubs.army.mil/Pr oductMaps/PubForm/Details.

aspx?PUB_ID=2195

AR 190-40 various Mandatory https://armypubs.army.mil/

AR 200-1 Environmental Protection and Enhancement

13 December

Mandatory https://armypubs.army.mil/Pr oductMaps/PubForm/AR.asp x

LEAD-R 385-1 Local Safety Regulations 5 May 2017 Mandatory https://www.letterkenny.army .mil/visitors.html

AR 600-85 Substance Abuse 11 Mar 2014 Mandatory https://www.army.mil/e2/dow nloads/rv7/r2/policydocs/r600 _85.pdf

FAR Subpart 9.5 – Federal Acquisition Regulation

Mar 2005 Mandatory https://www.acquisition.gov/c ontent/subpart-95-organizational-and-consultant-conflicts-interest

FAR Subpart 42.5 Post Award Orientation

24 Jan 2019 Mandatory https://www.acquisition.gov/ browsefar

LEAD Reg 1-6 Employee Conduct Various Mandatory none Vehicle code of the Commonwealth of Pennsylvania, Various Mandatory http://www.dmv.state.pa.us/v ehicle_code/index.shtml

Mandatory or

Advisory

Website

Federal Register - Standards of Conduct 14 Dec 2011 Mandatory https://www.federalregister.g ov/documents/2011/11/14/20 11-29090/standards-of-conduct

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

Mandatory http://www.actionpa.org/ordi nances/35ps4012.html

EO 12088 Chapter 260a - Federal Compliance with Pollution Control Standards

13 October

Mandatory https://www.pacode.com/secu re/data/025/chapter260a/chap 260atoc.html

Title 25 PA Code Environmental Resources Chapter 260-270

2009 Mandatory http://www.pacode.com/secur e/data/025/chapter260a/chap2 60atoc.html

40 Code of Federal Regulations (CFR) 2019 Advisory https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title40/4 0tab_02.tpl

40 CRF, Part 260, Hazardous Waste Management System

2019 Mandatory…