Amendment 4 W911N2-24-R-0023-P00004.pdf

KEVIN DUFFY

717-267-8938

LETTERKENNY CONTRACTING OFFICE - ACC

1 OVERCASH AVENUE CCAM- DSL BLDG 2S

CHAMBERSBURG PA 17201

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provi ded herei n, all t erms and condit ions of t he document refere nced in Item 9A or 10A, as heretofore change d, remai ns unchanged and in ful l force and effect .

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

ST ANDARD FORM 30 (Rev. 10-83) Prescr ibed by GSA

FAR (48 CFR) 53.243

The purpose of Amendment #4 is to post additional Questions & Answers, extend the Solicitation response date, correct the naming of CLINs 0016, 1016, 2016, 3016, and 4016, and fix a system issue w ith the posting of the PWS. See Summary of Changes. All other terms and conditions remain unchanged.

1. CO NTRACT ID CODE P AGE OF P AGES

J 1 20

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

16C. DAT E SIGNED

BY 12-Jul-2024

16B. UNITED ST AT ES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contract ing Officer )(Signature of person authorized t o sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, Count y, Stat e and Zip Code) X W911N224R0023

X 9B. DAT ED (SEE IT EM 11)

20-May-2024

10B. DAT ED (SEE IT EM 13)

9A. AMENDMENT OF SOLICITAT ION NO.

11. THIS IT EM ONLY APPLIES T O AMENDMENT S OF SOLICITATIONS

X The above numbered soli cit ati on i s amended as set forth in It em 14. The hour and date specified for rece ipt of Offer X is ext ended, is not extended.

Offer must acknowl edge rece ipt of t his amendment pri or to the hour and date specified in the sol ici tat ion or as amended by one of t he fol lowing methods:

(a) By compl eti ng Items 8 and 15, and returning 1 copi es of the amendment ; (b) By acknowledgi ng recei pt of thi s a mendment on each copy of t he offer submit ted;

or (c) By s epara te let ter or t elegram whi ch i ncludes a refe rence t o t he s olic ita tion and amendment numbers . FA ILURE OF YOU R A CKNOWLEDGMENT TO BE RECEIVED AT TH E P LACE D ESIGNATED FOR TH E RECEIPT OF OFFERS P RIO R TO THE HOUR AN D DATE SP ECIFIED MA Y RESULT IN

REJECTIO N OF YOUR OFFER. If by vir tue of thi s amendment you desire t o change an offer already submit ted, s uch c hange ma y be made by t ele gram or let ter, provided each t elegram or l ett er makes reference to the sol ici tat ion and this amendment , and is re ceived prior to the openi ng hour and dat e speci fi ed.

12. ACCOUNTING AND APPROPRIATION DAT A (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 FORT H IN ITEM 14 ARE MADE IN THE

CONT RACT ORDER NO. IN ITEM 10A.

B. T HE ABOVE NUMBERED CONT RACT /ORDER IS MODIFIED T O REFLECT THE ADMINIST RATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORT H IN ITEM 14, PURSUANT TO T HE AUTHORITY OF FAR 43.103(B).

C. T HIS SUPPLEMENT AL AGREEMENT IS ENT ERED INTO PURSUANT TO AUTHORITY OF:

D. OT HER (Specify type of modification and authorit y)

E. IMPORTANT: Contract or is not, is required to sign this document and return copies t o the issuing office.

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

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/ MODIFICATION NO. 5. P ROJECT NO .(If appli cable)

6. ISSUED BY

3. EFFECTIVE DATE

15-Jul-2024

CODE

LETTERKENNY ARMY DEPOT

LETTERKENNY CONTRACTING OFFICE - ACC

1 OVERCASH AVENUE CCAM-DSL BLDG 2S

CHAM BERSBURG PA 17201- 4150

W911N2 7. AD MINISTERED BY (If other t han item 6)

4. REQUISITION/PU RCHASE REQ. NO.

CODE W911N2

FACILITY CODECODE

EMAIL:TEL:

W911N224R0023

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

QUESTIONS & ANSWERS #4

Questions & Answers #4

RFP W911N2-24-R-0023

*The Proposal Response date has been extended to July 22, 2024 10:00 A.M. Eastern Time

Question #24: Please confirm that “ITEM 0017 - CONTRACT DATA REQUIREMENTS LIST (CDRL)” and “ITEM 0015 - Labor and Materials to Perform Repairs” are not to require pricing. If either item requires pricing, please advise what should be included in the pricing. Little information has been provided regarding either item.

Answer#24: In regard to CLIN 0015, 1015, 2015, 3015 and 4015; please refer to question and answer #20 Amendment #3. In regard to CLIN 0017; please refer to question & answer #21 Amendment #3. In accordance to previous answers they are not to be priced.

Question #25: Please advise on how the proposals are to be submitted. Will email submission be acceptable?

Answer #25: Yes, email submission is acceptable.

Question #26: What other documentation is required for proposal submission? We are aware of pricing and certifications. Amendment 2, answer #4 states “The requirements for submission of the proposal is outlined in the Performance Work Statement and FAR 52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES. Accordingly the offeror is responsible for determining submission requirements in their response.” The PWS and FAR 52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES don’t explicitly state additional documents. Therefore, the statement: “Accordingly the offeror is responsible for determining submission requirements in their response.” is a non-answer as details have not been provided.

Answer #26: The details have been provided in provision FAR 52.212-2 under the addendum section B and C. No further clarification is needed as the requirements are adequately described.

Question #27: Who is responsible for providing equipment fuel? During the site visit, fueling stations could be seen from the van. Will the Army be supplying the necessary fuel?

Answer#27: The awardee will be responsible for providing their own fuel at their own cost.

Question #28: “ITEM 0016 - Culvert Sleeve-(Repair)/Replacement: Furnish and install culvert sleeve (or repair by replacement of damaged culvert) as directed by Contracting Officer or Contracting Officer Representative (estimated at 1 each) in C/W 5.1.16 of the Performance Work Statement.” Please remove verbiage regarding culvert replacement. Sleeve installation and culvert replacement are two very different scopes of work. The culverts that could be seen on the site visit were large diameter concrete culverts and would be more suitable to be replaced by a civil contractor as opposed to a SBE rail contractor. Another option may be to have this entire item considered as an allowance item with an estimated value determined by the owner.

Answer #28: The culverts are at different levels of deterioration and rail certified professionals are required for replacement. LEMC has approximately 25 culverts under the rail, and 9 of these have been reported as possibly having issues. Although the individual issue for each culvert may not be significant, it still may require to be addressed during the life of the contract. LEMC plans to review the condition of the 9 culverts and prioritize their level of service for repair over the next 5 years. If the evaluation does not reveal any significant deterioration, the culvert will not be repaired or replaced. LEMC does not possess a Hi-Rail vehicle currently, so evaluation of the culverts is an issue in itself due to lack of easy access. Accordingly offerors are instructed to not complete pricing for CLIN’s 0016, 1016, 2016, 3016, or 4016 in their offer at this time and instead will be addressed on a case to case basis by the awardee at time of service need post award.

Question #29: Please consider a time extension to allow for adjustments following answered questions.

Answer #29: As noted above the proposal response date has been extended.

Question #30: Does the owner know of acceptable herbicides being utilized currently?

Answer #30: A list of chemicals used in the past is not available. The offeror will be responsible for determining the proper and correct chemical agents required to control vegetation growth consistent with Pennsylvania State law.

Question #31: “ITEM 0007 - Furnish and Install New Cross Ties” & “ITEM 0008 - Furnish and Install New Switch Timbers”, Should these items include the furnishing of plates, anchors, and spikes in addition to the ties, or is this considered separate?

Answer #31: No. CLIN#0007, 1007, 2007, 3007, and 4007 are to “furnish and install new cross ties”.

Question #32. “ITEM 0011 - Furnish and Install Relay Tie Plates”, Should this item include furnishing new spikes to install the plates?

Answer #32: No. The CLIN is to “furnish and install relay tie plates”.

Question #33. Please supply UFC 4-860-03 and TM 5-628. As of now, variables such as (but not limited to) tamping equipment requirements are unknown and may be detailed in these specifications that have not been supplied.

Answer #33: LEMC is not responsible for providing the documents noted above. They are the responsibility of the offeror and are available on the Internet.

Question #34: Are we to consider furnishing relay 100RA rail for this project?

Answer #34: If the task requires different rail section sizes, then the correct size will need to be replaced. The current rail system in place does not have a uniform or standard size at this time.

Question #35: “ITEM 0013 - Install Government-supplied joint bars”, states utilizing government supplied joint bars. A later description states, “5.1.13 Furnish and install joint bars as directed by the Contracting Officer (estimated at 10 each).” Who is furnishing the joint bars? The contractor or the owner?

Answer #35: The joint bars will be supplied by the contractor.

Question #36: Are there any electrically bonded tracks in the facility that we would be responsible for? If so, how much?

Answer#36: Please refer to question and answer#11; Amendment #3.

Question #37: Can a detailed track map be made available to us showing what tracks and turnouts are active?

Answer#37: Please refer to question and answer #6; Amendment #2. The map was made available for viewing only during the site visit. Please note due to Operational security concerns we have been advised that it is not a publicly releasable document.

Question #38: Do you have an inventory of the at-grade crossings? How many and their lengths?

Answer#38: No. Currently LEMC does not possess an inventory of the at-grade crossings, their number or lengths.

Question #39: Do you have an inventory of the active track by rail size? How are we to price the rail replacement when it does not specify rail size? Is all No.1 relay rail acceptable? Is 115#RE rail the largest rail in the facility?

Answer #39: The rail sizes vary from 80 to 115 in different places. The different sizes are not shared on main line.

The entire Rail system will be upgraded to 115 from 80 as the older rails are phased out, but not on this contract effort... 115 comprises LEMC’s active rail system. It is the largest size rail usage and may require replacement for repairs on this contract effort.

Question #40: If possible could you supply additional information which may help with pricing the Culvert Sleeve- Repair/Replacement item?

Answer #40: Please refer to question and answer #44 and question and answer #28.

Question #41: Are the quantities in items: “F&I New Track Spikes (6,000 ea.)”; “F&I Relay Track Plates (1,000 ea.)”; & “Remove from the installation and dispose of discarded railroad ties (75 tons)” independent or will they be counted as part of the tie & timber replacements?

Answer #41: The new track spikes will be counted as they are replaced.

Question #42: Since there is no track surfacing item in this solicitation am I to assume the tracks where annual tie replacements take place should be surfaced (raised, lined, & tamped) with a production tamper (Mark IV or Jackson 6700)? How much track footage is covered by the annual tie replacement?

Answer #42: The task should be completed with the correct equipment and materials. Yes. The entire track footage is covered by the annual tie replacement.

Question #43: Will the bid due date get extended from 06/27/24?

Answer #43: Yes, as noted above the response date for proposals has been extended.

SECTION SF 1449 - CONTINUATION SHEET

SUPPLIES OR SERVICES AND PRICES

CLIN 0016

The CLIN description has changed from Culvert Sleeve-Reparu/Replacement to Culvert Sleeve-Repair Replacement.

CLIN 1016

CLIN 2016

CLIN 3016

CLIN 4016

The following have been added by full text:

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

RAILROAD MAINTENANCE AND REPAIR REQUIREMENTS 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 inspect, maintain, and repair approximately 17 miles of active railroad track and sidings in the Letterkenny Munitions Center Area at Letterkenny Army Depot as defined in this

PWS. The contractor shall perform to the standards in this contract. All safety issues, rail defects, acceptance criteria, inspections, and maintenance must be completed to UFC 4-860-03.

1.2 Background: The Government is soliciting for a requirements contract to perform monthly inspection, recurring/routine maintenance of railroad bed, track, sidings, switches, turnouts, and related facilities. The work requirements, and estimated quantity listed in paragaraph 5.0 of this PWS, the contractor will provide a unit cost and total cost for the effort for the base year and each option year of performance under this requirement. Unit costs will include all labor, materials (with the exception of items specified in Paragraph 3.0 as Government Furnished), equipment, and facilities required to perform the tasks indicated in section 5.

1.3 Period of Performance (PoP): The Period of Performance shall include one (1) base year and four (4) option years.

1.4 General Information:

1.4.1 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)).

1.4.2 Recognized Holidays: The following are recognized U.S. holidays. The contractor shall not perform services on these days:

1.4.2.1 New Year’s Day: January 1st

1.4.2.2 Martin Luther King, Jr.’s Birthday: Third Monday in January

1.4.2.3 President’s Day: Third Monday in February

1.4.2.4 Memorial Day: Last Monday in May

1.4.2.5 Juneteenth: June 19th

1.4.2.6 Independence Day: July 4th

1.4.2.7 Labor Day: First Monday in September

1.4.2.8 Columbus Day: First Monday in October

1.4.2.9 Veteran’s Day: November 11th

1.4.2.10 Thanksgiving Day: Third Thursday in November

1.4.2.11 Christmas Day: December 25th

1.4.3 Place and Performance of Services: The contractor shall provide services between the normal working hours of 6:30 a.m. and 4:30 p.m. Monday through Friday, except on recognized U.S. 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 facilities occupied by Letterkenny Army Depot and its enant organizations. The contractor shall at all times maintain an adequate work force for the uninterrupted erformance 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 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. Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes.

1.4.4.1 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.

1.4.4.2 Key Control: The contractor shall establish and implement methods of ensuring all keys/key cards issued by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued by the Government shall be duplicated. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The contractor shall immediately report any occurrences of lost or duplicated keys/key cards to the Contracting Officer’s Representative (COR).

1.4.4.2.1 In the event keys, other than master keys, are lost or duplicated the contractor shall, upon direction by the KO, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the contractor.

1.4.4.2.2 The contactor shall prohibit the use of the Government issued keys/key cards by any persons other than the contractor’s employees. The contractor shall prohibit the opening of locked areas by contractor employees to permit entrance of persons other than contactor employees engaged in the performance of services in those areas, or personnel authorized entrance by the KO.

1.4.4.3 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 – Letterkenny Army Depot - Home (sharepoint-mil.us)

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 – Letterkenny Army Depot - Home (sharepoint-mil.us)

1.4.5.5 OPSEC Level I Training: All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. OPSEC awareness training is available at the following websites:

https://www.iad.gov/ioss/ or http://www.cdse.edu/catalog/operations-security.html ; or it can be provided by the OPSEC Officer in presentation form which will be documented via memorandum.

1.4.5.6 All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

1.4.6 Interruption of Services:

1.4.6.1 Interruption of Utilities: Any work involving interruption of utilities shall be coordinated with the Government’s COR. Such work may be required to be performed during other than normal duty hours for the using activities. Requests for utility outages shall be made in writing 7 days in advance.

1.4.6.1 Shutdown/Closure of Transportation Services or Facilities: Any work requiring the shutdown of railroad track, grade crossings, or otherwise impacting rail or vehicular traffic shall be coordinated in advance with the Government’s COR. The Government’s COR shall be immediately advised of any requirements for emergency shutdowns due to unsafe track conditions. Requests for non-emergency shutdowns or closures shall be made in writing 7 days in advance.

1.4.7 Special Qualifications: The contractor shall ensure all employees possess all required licenses for operating equipment 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). In addition, the contractor shall provide evidence of qualifications for the certified track inspector required under paragraph 5.18.3.

1.4.7.1 Inspectors: All CORs, government inspectors, and contractors that conduct inspections are required to be certified track inspectors through the ERDC rail school. Contractors that don't have this certification are not qualified to work on our railroad tracks, and are technically out of compliance. All track inspections are required to be in accordance with UFC 4-860-03, which requires a CTI to do full track inspections quarterly based on the current mobilization schedule of 1 mobilization per week. If mobilization requirements change in the future, frequency of full track inspections change accordingly which is detailed on page 2-2 of the UFC 4-860-03. All track defects are to be recorded, and all recordings must be documented and turned into the COR within 5 business days of the task, per UFC procedure.

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 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 matters relating to daily operation of this contract.

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.

1.4.10.1 Identification Badges: Identification badges will be issued for admittance of personnel before performing work on this contract. The identification badge is the property of the U.S. Government and must be returned upon termination or demand. The Contractor agrees that he will insure all badges issued to employees are returned to the Directorate of Risk Management, Letterkenny Army Depot, promptly on termination of need for access or on expiration, whichever occurs first. In order to be permitted access to LEAD, personnel must pass a National Criminal Information Center (NCIC) background check. Persons not passing the background check will not be permitted access to the installation for any purpose.

1.4.10.2 Badge Room is located in Building 2. Hours of operation are 7:00 A.M. to 3:00 P.M., Monday through Friday, but closed every other Friday. These hours are effective except when closed for holidays. If Contractor's hours of work are different than those stated above, the Contractor will be required to obtain badges when the Badge Room is open.

1.4.11 Organizational Conflicts of Interest (OCI): The contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent OCIs, as defined in FAR Subpart 9.5.

The contractor shall notify the KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the KO to avoid or mitigate any such OCI.

The contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO and in the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may affect other remedies as he or she deems necessary, including prohibiting the contractor from participation in subsequent contracted requirements which may be affected by the OCI.

2.0 Definitions and Acronyms:

2.1.1 CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2 CONTRACTING OFFICER (KO). A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3 CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government designated by the KO to monitor contractor performance. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4 DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement (PWS).

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

AREMA American Railway Engineering and Maintenance-of-Way Association 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 ERDC Engineer Research and Development Center FAR Federal Acquisition Regulation KO Contracting Officer LEMC Letterkenny Munitions Center 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 UFC United Facilities Criteria

3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S): Except as identified in paragraph 5.1.13 below, the Government will not provide any property, material, equipment, or services under the terms of this contract.

3.1 Materials removed during the performance of work under this contract that are judged to be suitable for reuse as identified by the term “relay” can be reinstalled as identified in paragraph 5.18 of this PWS at the price established in the Bid Schedule.

3.2 Utilities: In general, utilities are not readily available within the Letterkenny Munitions Center Area. However, at those locations where utilities are available, they may be used by the contractor without charge.

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

4.1 General: Except for those items identified above as Government-furnished or usable for “relay” applications, the contractor shall furnish everything required to perform the services as indicated in Paragraph 1.1.

5.0 Requirements: The contractor shall:

5.1 The objective is to provide the Government with a cost-effective means of performing maintenance and repair of Government-owned railroad facilities. The specific tasks to be performed are identified as follow:

5.1.1 Perform monthly inspections of active railroad track within the Letterkenny Munitions Center Area in accordance with UFC 4-860-03.

5.1.2 Tighten and oil all bolts on the Letterkenny Munitions Center Area main line, which consists of approximately 17 miles of active track, semi-annually.

5.1.3 Oil and grease approx. 70 switches in the Letterkenny Munitions Center Area semi-annually.

5.1.4 Clean road crossing flangeways in the Letterkenny Munitions Center Area (approximately 50 flangeways) semi-annually.

5.1.5 Control vegetation along the main line and sidings in the Letterkenny Munitions Center Area, which consists of approximately 17 miles, semi-annually, or a frequency deemed acceptable by the government via the COR.

5.1.6 Replace broken bolts, washers, and nuts as required or as directed by the Contracting Officer (estimated at 200 each).

5.1.7 Furnish and install new cross-ties, Grade 5, 8.5' x 7" x 9" (estimated at 1,450 each).

5.1.8 Furnish and install new switch timbers for #8 turnouts (estimated at 1,500 linear feet).

5.1.9 Furnish and install ballast, #3 stone (estimated at 550 tons).

5.1.10 Furnish and install new spikes (estimated at 6,000 each).

5.1.11 Furnish and install relay tie plates for 80# to 115# rail (estimated at 1,000 each).

5.1.12 Furnish and install relay rail, 33-ft. lengths (estimated at 10 each).

5.1.13 Furnish and install joint bars as directed by the Contracting Officer (estimated at 10 each).

5.1.14 Remove from the installation and dispose of discarded railroad ties (estimated at 75 tons).

5.1.15 Provide labor and materials to perform miscellaneous repairs to the track as directed by the Contracting Officer or Contracting Officer Representative.

5.1.16 Furnish and install culvert sleeve (or repair by replacement of damaged culvert) as directed by Contracting Officer or Contracting Officer Representative (estimated at 1 each).

5.2 The estimated quantity identified above shall not be interpreted to represent a guarantee of work volume, nor does the Government identify a minimum quantity of work under each line item. The contractor shall perform work as directed by the Contracting Officer and will be paid at the rate established by the Bid Schedule. Railroad transportation services are provided to the Government by a contract operator; and said operator might serve as a source of information regarding areas of potential track problems. However, maintenance and repair work will be performed solely on Government–owned railroad facilities as directed by the Government.

5.3 The entire length of active track within the Letterkenny Munitions Center Area at Letterkenny Army Depot shall be inspected during each calendar month. The mandatory inspection shall be accomplished in accordance with UFC 4-860-03, the requirements of Chapter 2, TM 5-628, Railroad Track Standards, dated April 1991, and TM 5- 628, chapter 14, section 14-2. If grounding repairs are needed, contractor shall repair, and test resistance across the repaired ground wire. Resistance must be less than 1 ohm per UFC 4-860-03. A written report shall be provided to the Contracting Officer within 5 business days of the completion of each inspection. The report shall include a listing of deficiencies identified during monthly inspections, or shall state that no deficiencies were found, as appropriate. The Government will review the inspection report and will issue written authorization for the contractor to accomplish any required items of work as identified on the Bid Schedule. Payment will be made in accordance with the Bid Schedule.

5.4 Work performed by the contractor shall in general conform to the technical requirements as established in the

2017 Manual for Railway Enginering as published by the American Railway Engineering and Maintenance-of-Way Association (AREMA) or as specified in this PWS, whichever is more restrictive.

5.5 The contractor shall provide technical submittals for new materials to be used in the performance of work. Four

(4) copies of catalog cuts or technical data shall be provided for review and approval prior to the installation of new materials.

5.6 The contractor shall provide all management, supervision, quality control and safety oversight required to accomplish work under this contract. The contractor is required to provide the proper planning, scheduling, material procurement, and management of work crews. The contractor must effectively manage subcontractors to ensure that the government is provided a "seamless" level of effort in the performance of work under the various line items. The contractor shall provide a single point of contact for all work to be performed for the duration of this contract.

5.6.1 The contractor shall provide the means, manpower and equipment to accept and unload all materials delivered to the sites for work under this contract. The Government will not accept deliveries, nor will government equipment and manpower be used for material handling.

5.6.2 Trucks leaving the site with loose debris shall be loaded in a manner that will prevent dropping of materials on streets. Fasten suitable tarpaulins over the load before they enter surrounding streets. Comply with all regulations when handling hazardous materials.

5.6.3 Government office and storage space will not be available.

5.6.4 The contractor will be required to obtain all required applications and permits.

5.7 All work shall be performed in compliance with the most current Federal, State and local regulatory requirements and/or permitting requirements.

5.7.1 Work authorizations provided by the Government will be identified as emergency or routine in nature. Emergency work shall be completed within 72 hours of receipt of notice by the contractor; and routine work shall be completed within 14 days of receipt of notice by the contractor. The contractor shall notify the COR in writing when the work will be fully completed and ready for final inspection.

5.7.2 All pesticides/herbicides need to go through an AMCOM approval process to determine suitability for use. Contractor also should be filling up their sprayer tanks off-site. I believe you've mentioned this in your updated PWS attachment but all pesticide containers are to be disposed of off-site, and not in government dumpsters. DPW environmental requires quantities of active ingredients to be reported for them each time vegetation control is utilized. Contractor must submit a written request through the COR to the Environmental Management Division for the approval of the pesticides (herbicides, insecticides, rodenticides and/or fungicides) to be used on depot 30 days prior to the planned action. The request must contain the pesticide’s registered name, EPA number, active ingredient and amount, formulation (suspension, emulsion etc.), target pest, and application site. Also the request must contain all the applicator’s name(s), Pennsylvania state certification numbers, type of license, and expiration date.

Contractors attempting use non-approved pesticides or apply pesticides without a PA state applicators license will not be given access to the depot. The contractor shall not dispose of any pesticide-containing containers on the depot. The contractor shall not fill equipment tanks on the depot. The contractor assumes full responsibility for the application of pesticides and ensures that the pesticide is applied according to the pesticide label. Federally-restricted use pesticides are not recommended. An annual written pesticide report must be completed and sent through the COR to the Environmental Management Division by 1 October of each year. The report must provide the following information: The pesticide name, EPA number, the active ingredients, the application rate (pounds per acre), total area applied (acres or square-feet), the total pounds of active-ingredient applied for each pesticide, and the exact location applied for each pesticide (map may be used). The following is the Environmental Review Ckecklist to be completed according to the PWS. This document will be provided by the COR for completion.

5.8 The Contractor's management/supervision shall interface with the Contracting Officer (KO), Contracting Officer’s Representaitve (COR), or the COR as required. The Contracting Officer’s Representative and COR are responsible for the day to day Government/Contractor liaison, submittal review/approval, inspections, coordination with Government activities, payment requests, etc.

5.8.1 All work shall be accomplished within full compliance to all applicable Federal, State, and Local safety regulations. Where there are two interpretations or conflicts, the more stringent standard will apply.

5.9 Upon receipt of direction from the Government, the Contractor shall:

5.9.1 Incorporate the work into the work schedule.

5.9.2 Coordinate the performance of work with the COR prior to the actual commencement of work.

5.9.3 In performance of work under this contract, the contractor shall arrange with the COR a sequence of procedures, means of access, areas for storage of materials and equipment, delivery of materials, use of approaches, and other factors for work applicable to the various contract line items.

5.10 Site Visit: Depending on the scope of the effort, a site visit might be required prior to the start of work to further define and/or clarify the requirements associated with a specific line item.

5.11 Modifications: While modifications to the requirements of this PWS are not anticipated, a request for proposal for any required modification will be issued as warranted. Such requests will be issued in accordance with the applicable FAR requirements. Proposals submitted in response to the request for proposal will be evaluated, negotiated, and issued in accordance with the applicable FAR provisions.

5.12 Performance of Work:

5.12.1 After award of the contract, the contractor shall submit a performance schedule to the Government for review and approval. The schedule shall identify approximate dates of performance for line items identified for monthly or semi-annual performance. Upon approval of the schedule, the contractor will be authorized to commence work.

5.12.2 After completion of the monthly inspection report, the Government will issue written notice to the contractor to proceed with correction of deficiencies or other work required to maintain the track in safe operating condition. Products and execution shall be provided/accomplished in accordance with the applicable AREMA standards. The Government will perform regular inspection of the work; will monitor progress for purposes of authorizing payment of invoices based on actual quantities; and upon completion of the work will provide notice of acceptance. The contractor shall then submit invoices based on the actual quantities installed.

5.12.3 Field Verification: It shall be the responsibility of the Contractor to verify, in the field, all measurements, locations of structures and utilities and any other physical conditions which would affect the progress or quality of work. Any errors by the Contractor due to omission of field verification shall not be the basis for any increase in the contract price. Where existing utilities or other obstructions interfere with the progress of the contract, the Contractor shall relocate obstructions as required and as approved by the Contracting Officer.

5.12.4 Disposal of Materials and Equipment Removed By Contractor: All metallic materials and equipment removed by the Contractor shall be delivered to the DLA Disposition Services – Letterkenny disposal yard, Directorate of Public Works Recycling Center, or other sites as directed by the Contracting Officer or his representative and shall remain the property of the Government. Metallic materials shall be segregated by the type prior to delivery. Delivery shall be made during the regular hours of operation of the receiving activity. The Contractor shall provide a seven-day notice to the Contracting Officer's Representative prior to delivery of materials to the receiving activity. All excavated material and other excess material shall be removed from the depot and disposed of by the Contractor in accordance with Federal, State and local regulations.

5.12.5 Damage to Property: The Contractor shall take measures as necessary to protect Government property or facilities from damage as a result of performance of work under this contract; and to minimize the potential for interference with Government operations in adjacent buildings and facilities. The Contractor shall be liable for the repair or replacement of any damaged Government property as determined and directed by the Contracting Officer.

5.12.6 Delivery and Storage: The Government will not be responsible for accepting, signing for, loading, unloading, or providing covered storage for materials or equipment provided by the Contractor as a part of this contract.

5.12.7 Fire Extinguishers: All vehicles entering the Ammunition Area shall be equipped with a 5-lb. B-C fire extinguisher. Additional fire extinguishers shall be required for industrial equipment used in performing work under this contract. The Letterkenny Fire Department shall be contacted for the proper type and number of extinguishers needed prior to beginning the work. The Letterkenny Fire Department will not provide any extinguishers to the Contractor. The Contractor can gain the above information through a pre-work conference, visiting the Fire Department in Building 521, or phoning Extension 9101.

The Contractor shall be required to take necessary precautions to prevent fires in accordance with NFPA Standard No. 10 and LEAD Regulation 420-13.

5.12.8 Interruption of Utilities: Any work involving interruption of utilities shall be coordinated with the Government’s COR.

5.12.9 Daily Clean-up: The Contractor shall clean the job site at the end of each work shift in such a manner that normal rail operations can proceed without interference.

5.12.10 Work Schedules: Work schedules for activities to be performed under individual line items shall be coordinated with the COR.

5.12.11 Use of Portable Gas or Arc Equipment: The Contractor will be required to obtain from the Fire Department a permit to use portable gas or arc equipment for cutting, welding, or open flame operations.

The Fire Department will require one day advance notice to permit necessary inspection, notification before actually starting work, and notification when work is finished to allow re-inspection. The Fire Department can be notified by calling Extension 9101. The Contractor shall be required to take necessary precautions to prevent fires in accordance with NFPA Standard No. 51B and LEAD Regulation 420-13.

5.13 Payment: Payment for line items identified for monthly or semi-annual performance will be made when invoiced after performance through PIEE/WAWF. Payment for estimated quantity line items will be made based on actual quantities performed as invoiced and verified by the COR.

5.14 Asbestos-Containing Materials: The Government has performed a survey of the entire work site and has determined that no asbestos containing materials are believed to exist. However, should the contractor encounter materials which they reasonably believe to contain asbestos that are not otherwise identified, they shall immediately cease all work which might impact the suspect material and report such knowledge of reasonable belief to the Contracting Officer and await instruction from the Contracting Officer. The Government shall take the steps necessary to confirm or deny the presence of asbestos-containing material at the site and will assess the impact upon the performance of the contract and determine the appropriate course of action.

5.15 Emergency Contacts: The Contractor shall provide to the Contracting Officer a list of names and phone numbers of persons to be notified in case of emergencies that may occur during the progress of the work. The names on the list shall be available on a seven-days-per-week basis. Once notified, the Contractor shall send individuals or work crews to make necessary repairs as soon as possible. Crews shall arrive on site within two hours of notification; otherwise, the Government will have the option of utilizing other means for making repairs for which the Contractor will be charged accordingly.

5.16 Submittals

5.16.1 Within 30 days after receipt of Notice to Proceed, the Contractor shall submit to the Contracting Officer for approval a list of manufacturer's names for material and equipment they propose to provide. List shall include manufacturer's literature as required to show that materials and equipment proposed for use comply with the requiremements of the PWS. In the event any items of material or equipment contained in the list fail to comply with the specification requirements, such items will be rejected. If prior to the expiration of the thirty (30) day period or any duly authorized extension thereof, the Contractor fails to submit a schedule of acceptable material or equipment covering rejected items, the Contracting Officer will select the items and such selection shall be final and binding upon the Contractor as a condition of the contract.

5.16.2 Catalogs, pamphlets, or other documents submitted to describe items for which approval is being requested shall be specific and identification in catalog, pamphlet, etc., of items submitted shall be clearly made in ink. Data of general nature will not be accepted.

5.16.3 If material or equipment is installed prior to receipt by the Contractor of pertinent shop drawings marked "Approved" or "Approved as Noted", the Contractor shall be liable for its removal and replacement at no extra charge to the Government.

5.17 Guarantee of Work:

5.17.1 The contractor shall guarantee work performed under this contract to be free of all defects of material, equipment and workmanship for one year beginning from date of final acceptance of specific item of work.

5.17.2 If, within the guarantee period, repairs or changes are required in connection with guaranteed work, which, in the opinion of the Contracting Officer is…