A02_-_PWS_Garrison.doc

PERFORMANCE WORK STATEMENT (PWS)

U.S. Army Garrison Adelphi Laboratory Center Bioretention Repair and Maintenance

PART 1

GENERAL INFORMATION

1. General: This is a non-personal services contract to provide repair and maintenance to four (4) stormwater bioretentions. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 DESCRIPTION OF SERVICES/INTRODUCTION: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform maintenance of four (4) stormwater bioretentions as defined in this Performance Work Statement (PWS) (see section 5. SPECIFIC TASKS). The Contractor shall perform to the standards in this contract.

1.2 BACKGROUND: The primary mission of Adelphi Laboratory Center (ALC), is to provide valuable support services and infrastructure to enable scientific research, development, and well-being of the workforce. ALC serves the Soldier and collaborates with Army science and research by providing excellent lab facilities and support services. This Performance Work Statement (PWS) describes the services that shall be performed to provide ALC with stormwater Best Management Practices (BMPs) maintenance. ALC is legally required to properly construct and maintain stormwater BMPs. ALC is covered under Maryland’s General Permit for Discharges from State and Federal Small Municipal Separate Storm Sewer Systems (MS4) General Discharge Permit No. 05-SF-5501. The MS4 permit states “permittees shall comply with all State and federal laws, regulations, ordinances, and procedures relating to stormwater management.”

1.2.1 The provisions of the Maryland Department of the Environment guidance document “Maryland Stormwater Management Guidelines for State and Federal Projects” are issued pursuant to the authority in the Annotated Code of Maryland, Environment Article, Title 4, Subtitle 2 and the Stormwater Management Regulations, COMAR 26.17.02.01 through 26.17.02.12. The Guidelines supplement the 2000 Maryland Stormwater Design Manual and all subsequent revisions. They provide the minimum stormwater management requirements for plans submitted by state and federal agencies to Maryland Department of Energy (MDE) for review and approval. Therefore, ALC is required to comply with these Guidelines, which include specific requirements for performing maintenance on all stormwater BMPs. See Technical Exhibit 2 (8.2) Maryland Stormwater Management Guidelines for State and Federal Projects for exact guidelines. As referenced in “Chapter 7.0 Maintenance” of Technical Exhibit 2, “A. the owner of the property, or any other person or agent in control of such property, on which work has been done pursuant to these Guidelines, must maintain in good condition and promptly repair and restore all grade surfaces, walls, drains, dams and structures, vegetation, erosion and sediment control measures, and other protective devices. Such repairs or restoration and maintenance must be in accordance with approved plans [and] B. a maintenance schedule must be developed for all stormwater management and/or Environmental Site Design practices and must state the maintenance to be completed, the time period for completion, and who must perform the maintenance. This maintenance schedule must be printed on the approved stormwater management plan.” A detailed Stormwater Maintenance Schedule is included in the guidelines.

1.3 OBJECTIVES: The overall objective is to ensure ALC Stormwater BMPs (Building 601 bioretentions) are functioning to achieve the intended nutrient and sediment removal rate. In-turn, this will help ensure ALC: 1) will be in compliance with the BMP portion of its small MS4 permit; 2) will get credit toward the Chesapeake Bay-wide Total Maximum Daily Load (TMDL) for all existing BMPs; and 3) will be well positioned to comply with the new MS4 permit requiring 20% restoration or treatment of impervious surfaces.

1.4 SCOPE: The Contractor shall provide maintenance on the four (4) existing bioretentions located in the parking lot of Building 601. The Contractor shall provide a maintenance plan to comply with the Maryland Department of the Environment stormwater maintenance requirements.

1.5 PERIOD OF PERFORMANCE: The Period of Performance (PoP) shall last five (5) months after Contract Award (ACA).

1.6 GENERAL INFORMATION:

1.6.1 FEDERAL OBSERVED HOLIDAYS: If services are scheduled by the Contractor to be performed on a regular federal holiday (see below), or one designated by Presidential proclamation, rescheduling shall be at discretion of Technical Point of Contact (TPOC).

New Year’s Day

Labor Day

Martin Luther King Jr.’s Birthday

Columbus Day

President’s Day

Veteran’s Day

Memorial Day

Thanksgiving Day

Independence Day

Christmas Day

1.6.2 HOURS OF OPERATION: The services and repairs to be performed under this contract shall be performed during normal Government Operating Days, Monday through Friday between the hours of 0700 to 1630 local time or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons.

1.6.3 Place of Performance: The work to be performed under this contract will be performed at 2800 Powder Mill Road, Adelphi, Maryland 20783.

1.6.4 TYPE OF CONTRACT: The Government will award a Firm Fixed Price (FFP) type of contract.

1.6.5 SECURITY REQUIREMENTS: Contractor personnel performing under this scope of work on the ALC premises must be citizens of the United States, either native-born or naturalized. No foreign nationals shall be permitted on ALC. Cases of dual or multiple citizenships will be reviewed by security personnel. Contractor personnel performing work under this contract must be able to obtain a National Agency Check with Inquiries (NACI) clearance prior to commencement of work under this contract, and must be able to maintain a NACI clearance during the performance of the contract. The Contractor must pass the National Crime Information Center (NCIC) Interstate Identification Index (III) background investigation to gain access on the installation. All NACI and NCIC III investigations will be performed at the Government’s expense.

1.6.5.1 PHYSICAL SECURITY: The Contractor shall safeguard all government equipment, information and property provided for Contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.6.6 SPECIAL QUALIFICATIONS: The contractor conducting Stormwater BMP repair/maintenance on behalf of ALC shall provide personnel who have at least two (2) years of stormwater, particularly experience with stormwater BMPs.

1.6.7 POST-AWARD MEETING: The Contractor shall attend one (1) post-award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation (FAR) Subpart 42.5. The TPOC shall meet to discuss how the Contractor shall complete the maintenance for each BMP. The contractor shall create and submit four (4) copies of their Post-Award Meeting Plan to the TPOC as outlined in PWS 6.1. At this meeting the contractor will apprise the Government of issues, if any, they expect to experience. The Contractor shall take appropriate action to resolve outstanding issues.

1.6.8 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. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed. Contractor employees shall not be required to wear badges.

1.6.9 CONTRACTOR PERSONNEL CONDUCT: Contractor personnel’s conduct shall not reflect discredit upon the Government. The Contractor shall ensure that personnel present a professional appearance. The Contractor’s employees shall observe and comply with all local policies and procedures concerning fire, safety, environmental protection, sanitation, security, and possession of firearms or other lethal or illegal weapons or substance. The Contractor is responsible for ensuring that any contractor employees providing services under this contract conduct themselves and perform services in a professional, safe, and responsible manner. The Contractor shall remove from the job site any employee for reasons of misconduct or security. In accordance with Department of Defense (DOD) Directive 5500.7-R, “Joint Ethics Regulation”, Contractor employees must avoid being improperly influenced in the execution of their duties under the contract. Particular attention should be paid to acceptance of gifts/ gratuities, and on non-disclosure of sensitive or classified information. The Contractor shall ensure employee conduct complies with 41 U.S. C 423 relative to release of acquisition related information or actions or discussions which may prejudice future competitions. The Contractor shall ensure no contractor employees conduct political related activities or events on United States of America (USA) Facilities.

1.6.10 EMERGENCY SERVICES:

1.6.10.1 The Contractor shall have competent personnel trained and capable of dealing with minor personnel injuries. The Contractor or their employees shall immediately notify their supervisor of any accident requiring emergency medical treatment. The Contractor will, in turn, notify the TPOC within 30 minutes of the incident.

1.6.10.2 Emergency medical treatment and services for Contractor personnel is the responsibility of the Contractor.

PART 2

DEFINITIONS, ACRONYMS, AND ABBREVIATIONS

2. Definitions and Acronyms:

2.1 DEFINITIONS:

2.1.1 Cannibalize. Remove parts from Government property for use or for installation on other Government property.

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 Contractor Acquired Property. Property acquired, fabricated, or otherwise provided by the contractor for performing a contract and to which the Government has title.

2.1.4 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.

2.1.5 Contracting Officer’s Representative (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. 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.

2.1.6 Defective Service. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.7 Deliverable. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.8 Equipment A tangible item that is functionally complete for its intended purpose, durable, nonexpendable, and needed for the performance of a contract. Equipment is not intended for sale, and does not ordinarily lose its identity or become a component part of another article when put into use. Equipment does not include material, real property, special test equipment or special tooling.

2.1.9 Government Furnished Property. Property in the possession of, or directly acquired by, the Government and subsequently furnished to the contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes contractor-acquired property if the contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.

2.1.10 Government Property. All property owned or leased by the Government. Government property includes both Government-furnished property and contractor-acquired property. Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software.

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. The prime contractor is responsible for performance of all subcontractors.

2.1.12 Loss of Government Property. Unintended, unforeseen or accidental loss, damage, or destruction of Government property that reduces the Government’s expected economic benefits of the property. Loss of Government property does not include occurrences such as purposeful destructive testing, obsolescence, normal wear and tear, or manufacturing defects. Loss of Government property includes, but is not limited to:—

(1) Items that cannot be found after a reasonable search;

(2) Theft:

(3) Damage resulting in unexpected harm to property requiring repair to restore the item to usable condition; or

(4) Destruction resulting from incidents that render the item useless for its intended purpose or beyond economical repair.

2.1.13 Material. Property that may be consumed or expended during the performance of a contract, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end-item. Material does not include equipment, special tooling, and special test equipment or real property.

2.1.14 Non-Personal Services. The personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the government and its employees. Non personal service contracts are authorized by the government in accordance with FAR 37.012, under general contracting authority, and do not require specific statutory authorization.

2.1.15. Physical Security. Actions that prevent the loss or damage of Government property.

2.1.16 Property. All tangible property, both real and personal.

2.1.25 Subcontractor. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.26 Unit Acquisition Cost means—

(1) For Government-furnished property, the dollar value assigned by the Government and identified in the contract; and

(2) For contractor-acquired property, the cost derived from the contractor’s records that reflect consistently applied generally accepted accounting principles.

2.1.27 Wide Area Work Flow (WAWF):A secure web based system for electronic invoicing, receipt, and acceptance. WAWF allows government 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.

2.1.28 Work Day. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.29 Work Week. Monday through Friday, unless specified otherwise.

2.2 ACRONYMS

ACOR

Alternate Contracting Officer's Representative

AFARS

Army Federal Acquisition Regulation Supplement

AR

Army Regulation CAP Contractor Acquired Property

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

DFARS

Defense Federal Acquisition Regulation Supplement

DMDC

Defense Manpower Data Center

DOD

Department of Defense

FAR

Federal Acquisition Regulation GFP Government-Furnished Property

HIPAA

Health Insurance Portability and Accountability Act of 1996

KO

Contracting Officer

OCI

Organizational Conflict of Interest

OCONUS

Outside Continental United States (includes Alaska and Hawaii)

ODC

Other Direct Costs PA Property Administrator

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

WAWF

Wide Area Work Flow

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1 UTILITIES: The Government will provide water for landscape purposes. The Contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish tasks.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 GENERAL: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 5 of this PWS.

4.3. MATERIALS: The Contractor shall provide soil/sand media, mulch, plantings, and landscape items to complete the work under this contract.

4.4. EQUIPMENT: The Contractor shall provide all equipment to perform the work under Section 5 of this PWS.

PART 5

SPECIFIC TASKS

5. SPECIFIC TASKS:

5.1. BASIC SERVICES: The Contractor shall provide maintenance services for four (4) bioretentions at the ALC building 601. The Contractor shall provide a written maintenance plan complying with MDE requirements for the bioretentions (see 6.2).

5.2. TASK HEADING:

5.2.1: The Contractor shall conduct repairs In Accordance With Maryland Department of the Environment’s Stormwater Maintenance Plan (Technical Exhibit 2).

Required repairs depending on the specific type of BMP, bioretention, shall include:

Stabilizing all eroded areas and grading to provide stable conveyance

Removing dead and diseased vegetation and invasives Replanting vegetation consistent with bioretention designs, and providing a one (1) year warranty for each Inspecting inflow and pretreatment systems for clogging and remove silt/sediment

Removing and replacing the top three inches of mulch/soil per plan specifications

5.2.2: The Contractor shall remove from the ALC installation and dispose of all waste materials and debris generated during the repair work on a daily basis.

5.2.3: The Contractor shall provide all new materials that are standard products of manufacturers regularly engaged in the maintenance and repair of BMPs. New plantings shall be MDE approved and warrantied for one (1) year after planting.

5.2.4: The Contractor shall provide a Maintenance Plan as outlined in PWS 6.2.

PART 6

DELIEVERABLES

6. DELIVERABLES:

6.1 POST-AWARD MEETING PLAN: The Contractor shall attend one (1) post-award meeting at ALC two (2) weeks ACA to review the Contractor’s plan for vegetation, review the plan for mulch and soil removal, ensure that plants and shrubs are approved by MDE, review logistics for watering, and review the area that is needed for equipment. Two (2) copies of this plan shall be submitted electronically by email to the TPOC one (1) day prior to the meeting. Two (2) hard copies shall also be submitted the day of the Post-award Meeting.

6.2 MAINTENANCE PLAN: The Contractor shall submit a Maintenance Plan that meets Maryland Department of the Environment’s Stormwater Maintenance plan requirements.

PART 7

APPLICABLE PUBLICATIONS

7. Applicable Publications (Current Editions):

7.1 The Contractor shall abide by all applicable regulations, publications, manuals, and local policies and procedures. Any Contractor provided publications are to be procured and maintained at Contractor’s expense. Reference Technical Exhibit 2 Maryland Stormwater Management Guidelines for State and Federal Projects for Maryland state guidelines.

PART 8

ATTACHMENT/TECHNICAL EXHIBIT LISTING

8. TECHNICAL EXHIBIT:

8.1 Technical Exhibit 1 As-built and Design Data (Stormwater Management Plan)

8.2 Technical Exhibit 2 Maryland Stormwater Management Guidelines for State and Federal Projects

8.3 Technical Exhibit 3 As-built Design Data (Landscape Plan)