HVAC_Master__PWS.pdf

SECTION 1: PERFORMANCE WORK STATEMENT

PART 1 – GENERAL

1. GENERAL: If there is conflict among any law, regulation, specification, standard, or policy, the most stringent will apply. The following provisions shall apply to the performance of work under this contract:

1.1. SCOPE OF WORK: This is a BPA to provide HVAC cleaning and maintenance services at Fort Drum, NY. The Contractor shall provide all necessary resources, management, personnel, materials, transportation, supplies, and equipment, except Government Furnished Property (GFP), necessary to perform cleaning and maintenance of HVAC systems. Due to the possibility of emergency services a maximum response time of three hours is required.

1.2. HOURS OF OPERATION: Contractor operating hours shall be consistent with normal core duty hours of Fort Drum unless otherwise directed by the Contracting Officer (KO) or his designated representative. Normal core duty hours are 7:30 AM - 4:00 PM, Monday through Friday, excluding Government holidays. The Contractor can expect that a portion of the work may be performed outside of these core hours and on weekends or holidays in emergency situations. Certain restrictions apply to designated Physical Training (PT) areas on Fort Drum during PT hours.

1.3. CONTRACTOR PERSONNEL: For the purpose of this contract, the term “Contractor personnel” applies to all Contractor employees, subcontractor employees, or any other person(s) acting for or on behalf of the Contractor to perform work on this contract.

1.3.1 Project Manager: none

1.3.2. Contractor Employees:

1.3.2.1. General Qualifications: Contractor employees shall be trained, qualified, certified and/or licensed under the requirements specified in this contract prior to starting work. The contractor shall maintain records of training qualifications, certifications, and licenses and provide them to the Contracting Officer upon request. The Contractor shall ensure that the employees remain fully qualified to perform work under this contract. The Contractor shall maintain the work force in such a manner as to ensure that the employees remain fully qualified.

The Contractor shall only employ persons able to speak, read, write, and understand English for those positions interacting with Government personnel, and where English is used or essential to provide the product, record, data, information, or service. Contractor personnel shall be physically capable of performing work under all climatic conditions.

1.3.2.2. Specialized Qualifications: N/A

1.3.3. Employee Conduct: 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.

Government rules, regulations, laws, directives, and requirements, which are in place or issued during the contract term shall 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 shall 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. Contractor personnel receiving a driving under the influence (DUI) conviction may be prohibited from driving on the installation.

1.3.4. Employee Appearance: When working on Fort Drum, the Contractor employees shall be appropriately dressed including any necessary individual protective clothing and equipment.

1.3.5. Personnel Constraints:

1.3.5.1. Conflicts of Interest: The Contractor shall not hire for this contract, any person whose employment would result in a conflict of interest, or employment which is prohibited by Department of Defense Regulation 5500.7-R entitled "Joint Ethics Regulation (JER)", Dated November 17, 2011.

1.3.6. Personnel Safety: The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. The Contractor shall comply with all applicable federal, state, local, and Fort Drum laws and regulations including, but not limited to environmental, safety, and occupational health laws and regulations.

Except as otherwise stated in the contract, if the Contractor encounters material on the project site reasonably believed to be hazardous (such as ammunitions), the Contractor shall immediately stop work in the affected area and give notice of the condition to Range Control (772-7152) and contact the Contracting Officer or COR/TR. Work in the affected area shall not resume without written permission of the Contracting Officer or COR/TR.

1.4. SERIOUS ACCIDENT AND INCIDENT REPORTING:

1.4.1. While working on Fort Drum, the Contractor shall report serious accidents and incidents incurred while performing work under this contract immediately by the most expeditious means possible but not more than one hour following the accident or incident to the Fort Drum Directorate of Emergency Services, the Safety Office, and Contracting Officer. Serious accidents and incidents include, but are not limited to, those defined in AR 385-10 and AR 190-40 respectively or referenced in other applicable directives. Examples are as follows: One or more lives lost, one or more persons critically injured, three or more persons hospitalized due to one incident, property damage estimated to exceed $2,000, fire causing major damage to structures, equipment, or vehicles, and HAZMAT, hazardous substances, and HAZWASTE incidents.

1.4.2. Record of Injury Form: While working on Fort Drum, immediately after a job-connected injury, the Contractor shall prepare a record of the incident/accident and forward it to the COR/TR. The COR/TR will forward the incident/accident report to the Command Safety Office.

If more information is required the Command Safety office will coordinate with the COR/TR for the required information.

1.5. CLAIMS LIABILITY ARTICLE: While working on Fort Drum, the Contractor shall indemnify, save harmless, and defend the Government from and against any and all claims, damages, actions, debts, liabilities, and attorneys' fees arising out of or in any manner predicated upon loss of or damage to the property of an injury to or death of any and all persons whatsoever, in any manner caused or contributed to by the Contractor, his agents, servants, employees or subcontractors while in, upon, or about the military installation wherein this work is located, or while going to or departing from the same; and to indemnify and save harmless the Government from, and on account of damage of any kind which the Government may suffer as the result of acts of negligence, fraud or misconduct of any of Contractor's agents, servants, employees, or subcontractors in or about said military installation.

1.6. SECURITY:

1.6.1. Installation Access and Identification of Contractor’s Employees: Entry to the installation requires the following: current vehicle registration, proof of insurance, valid driver's license for the vehicle driver, and picture identification for other personnel.

Contractors/Subcontractors and their employees requiring access to the installation will be required to comply with the installation access control policy/procedures. The Government will not be responsible for damages due to delay/stoppages caused by failure to comply. Contractors shall be restricted to physically sign in at Paul Cerjan Gate, Gas Alley, or WSAAF Gates for entry unless they have a DoD issued ID card, possess a valid, previously issued RAPIDGate pass, or have a local pass. The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

1.6.2. The Contractor shall provide a list of names and dates of birth of all employees that will be working on this contract to include subcontractors. The designated COR/TR is required to complete an IMDR-ES Form 2 (Application for Sponsorship) for all individuals needing access under the contract and submit to usarmy.drum.imcom-atlantic.mbx.des-acp@mail.mil at least 7 days prior to access being needed.

1.6.3. Each employee who requires access to Fort Drum to perform work under any contract, at any tier, must obtain a DoD identification credential to obtain access to Fort Drum.

RAPIDGate identification credential is being phased out and will not be acceptable for entry to Fort Drum after the expiration date of the credential or 27 November 2016, whichever is earlier.

DoD identification credential is required if the employee requires access to Fort Drum.

1.6.4. The contractor shall provide information as required by the Fort Drum Chief, Physical Security to enable the government to conduct a criminal history background check (CHBC) on contractor employees who are to have access to Fort Drum. If the CHBC is not adverse, a 30 day temporary access pass will be prepared by the Fort Drum Physical Security Division while the contractor’s employee makes an appointment for a Local Access Badge (LAB) to be created if access is needed longer than 30 days. A LAB will be issued for a period of no longer than 365 days at a time. If the CHBC is adverse, the employee will be denied access. If access is denied for any reason, the contractor’s employee may a waiver from the installation. If a contractor’s employee is denied access for any reason the employee will not be allowed access until a waiver is requested and approved. There is an appeals process through the

Directorate of Emergency Services. Final determination to allow entry and the issuance of a DoD credentials rest with the Garrison Commander or his designee, the Director, Emergency Services.

1.6.5. If an employee no longer needs the DoD identification credential for any reason (e.g. quits his/her job or no longer performs under the contract), the contractor is required to collect the DoD identification credential from the employee and surrender it to the Fort Drum Physical Security Division within four (4) calendar days of such change. If the DoD identification credential cannot be returned within the required time frame for any reason, the contractor shall immediately notify the Physical Security Division verbally, followed up in writing the next work day. Email notification is authorized. An employee’s inability to obtain entrance to a Government installation because he/she does not have the required identification badge or visitor’s pass shall not excuse timely performance of the requirements of this contract.

DoD identification credentials are currently issued at the Fort Drum Physical Security Division located in the Fort Drum MP Station. The Government may change the location at which DoD identification credential are issued or returned, with or without advance notice to the contractor.

Any such changes shall not be a basis for adjusting the contract price under any clause of this contract.

1.6.6. DoD identification credential will not be reproduced or copied by the contractor, its subcontractors, or their employees. If an employee’s DoD identification credential is lost, stolen, or reproduced, the contractor shall verbally report the loss, theft, or reproduction to the Fort Drum Physical Security Division on the day such loss, theft, or reproduction is discovered, followed by a written report of the circumstances to the Fort Drum Physical Security Division within two (2) calendar days. DoD

1.6.7. Each contractor employee shall possess/wear the DoD identification credential while performing work under the contract. The DoD identification credential shall be worn on the upper front of the outer garment unless precluded by OSHA regulation(s). The DoD identification credential will not be used for access to any Government installation except for performance of work under the contract for which is was issued. The contractor, shall upon expiration or termination of the contract, collect all DoD identification credentials and turn them into the COR/TR.

1.6.8. Search and Control: Fort Drum 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 shall be subject to search and seizure of contraband and/or unauthorized Government property upon entering or leaving the Installation. The search and seizure provisions of AR 190- 16 shall apply to Contractor personnel entering or leaving Fort Drum.

1.6.9. Contractor Security Training: Individual BPA Calls are review by the Fort Drum Antiterrorism, Operations Security, and Information Assurance Offices to determine if contractor training is required prior to release of the contract. If determined that Antiterrorism, Operations Security, and/or Information Assurance is required, the training must be completed within 30 calendar days of contract award and within 5 calendar days of new employees commencing performance. Training requirements will be provide at time of award.

1.7. ENVIRONMENTAL COMPLIANCE:

1.7.1. The Contractor shall comply with all Federal, State, and local regulations covering environmental protection. In case of a conflict among these laws and regulations, the most stringent law or regulation shall apply. If a Federal, State, or regulatory agency assesses any fine, penalty, or fee against the Government that is attributable to Contractor noncompliance with any environmental law or regulation, the Contractor shall indemnify the Government for the amount of the fine and other Government costs attributable to the violation (e.g., the cost of cleaning up a hazardous waste spill). In the event of Contractor noncompliance with any applicable environmental law or regulation, the Contracting Officer will determine whether the Government or the Contractor is responsible for abating or correcting the violation. This provision is not intended in any way to waive the Government’s rights under any other provision of this contract.

The Contractor shall fully comply with current and future Fort Drum regulations, plans and changes. Of particular importance are Fort Drum Regulation 420-7 and the most current Endangered Species Act Requirements and Guidance document (available upon request). All Contractors and Sub-Contractors shall be provided copies of these documents and are required to read and understand all facets.

1.7.2 Cultural Resources: The Contractor shall comply with all laws pertaining to cultural resources while conducting work on Fort Drum, including the National Historic Preservation Act, the Archaeological Resources Protection Act, and the Native American Graves Protection and Repatriation Act. Federal Law mandates that all cultural resources eligible for listing on the National Register of Historic Places must be protected from damage. Cultural resources include, but are not limited to, historic buildings and structures, cemeteries, historic and prehistoric archeological sites. Areas on Fort Drum containing National Register eligible cultural resources are marked with OFF LIMITS signs and/or Seibert Stakes, and shall be avoided. Federal Law prohibits Artifact/relic collecting on any cultural resource located on Fort Drum. In the event that an inadvertent discovery of items that appear to be cultural remains (historic foundations, graves, historic or prehistoric artifacts) occurs during ground disturbing activities, all work shall cease within a 30-meter radius of the find. DPTMS, Range Division (772-7152) and DPW, Environmental Division (772-4165, 772-5708, or 774-3848) shall be contacted immediately.

1.7.3. Fort Drum has implemented an Environmental Management System (EMS) to proactively deal with the environmental impacts of its processes, activities, and services. Fort Drum uses the ISO 14001:2004 as the standard for its EMS. All personnel performing work for or on behalf of Fort Drum must be aware of and understand Fort Drum’s Environmental Policy.

Fort Drum offers EMS General Awareness Training in the form of a printed Handout. All Contractors and their employees are required to be made aware of EMS General Awareness Training and to post an EMS handout so that it is available to all employees. Contractors are also responsible for ensuring all subcontractors hired on their behalf receive EMS General Awareness Training handouts and that they are posted at the subcontractor’s site. The Contractor is also responsible to ensure that all goods and services used by the Contractor or any of its subcontractors do not deviate from the installation Environmental Policy, and objectives and targets of the EMS.

1.7.4. Sustainable Acquisitions:

1.7.4.1. The Contractor shall use Contractor-provided products that meet or exceed the following specifications IAW FAR 23.103-Sustainable Acquisitions.

(1) Energy-efficient (ENERGY STARR or Federal Energy Management Program FEMP)-designated);

(2) Water-efficient;

(3) Bio-based;

(4) Environmentally preferable (e.g., EPEATR-registered, or non-toxic or less toxic alternatives);

(5) Non-ozone depleting; or

(6) Made with recovered materials.

1.7.4.2. The required products in the contract actions for services include products that are-

(1) Delivered to the Government during performance;

(2) Acquired by the contractor for use in performing services at a Federally-controlled facility; or

(3) Furnished by the contractor for use by the Government.

1.7.4.3. The Contractor shall ensure that the required products in the contract actions must meet agency performance requirements.

1.7.4.4. For the purposes of meeting the 95 percent sustainable acquisition requirement, the term "contract actions" includes new contracts (and task and delivery orders placed against them) and new task and delivery orders on existing contracts.

1.8. TOXIC/HAZARDOUS MATERIAL AND WASTE MANAGEMENT

1.8.1. 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 Contracting Officer or designated representative. The Contractor shall ensure employees are trained in the proper handling of hazardous materials.

1.8.2. The Contractor shall use Contractor-obtained environmentally preferred products for the performance of this contract. Upon request, the Contractor shall provide the Contracting Officer or COR/TR 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.

1.8.3. The Contractor shall cooperate with the Hazardous Materials Control Center to maintain inventories of hazardous materials IAW the Emergency Planning and Community Right-to- Know Act (EPCRA). The Contractor shall immediately notify the Contracting Officer or COR/TR of any emergency releases of hazardous materials in the format required by EPCRA, 40

CFR 355.40.

1.8.4. If the Contractor generates or accumulates hazardous waste, i.e., mercury containing items, batteries, PCB ballasts, waste oils, off-spec fuels, waste paint related items, and aerosols, complying with all Federal, State, and Local Environmental Laws and Regulations, it must comply and follow the Fort Drum Hazardous Waste Management Plan (HWMP) procedures in notifying the Hazardous Waste Manager regarding the use, storage, and ultimate disposal of any Hazardous Wastes (HW) to include Universal Waste (UW) generated. The HW/UW must be disposed of within New York State Department of Environmental Conservation (NYSDEC) Laws and Regulations to include, timeliness and proper manifesting requirements. Fort Drum has an approved EPA ID number for the disposal of HW/UW from the Installation, this is the only EPA ID number that shall be used for disposal of Waste generated at Fort Drum, Contractor’s shall not use their own EPA ID number to dispose of HW/UW that is generated on Fort Drum.

Prior to shipment off of the installation, the PW Environmental, HW Manager or appointed representative must review and sign the waste profiles/waste analysis, Land Ban restriction forms (if applicable), all manifests, and Bill of Ladings for waste that is generated on Fort Drum.

Provide a New York State Regulating Authority permit for each treatment, storage, disposal or recycling facility utilized. Questions and coordination regarding the disposal of HW/UW should be forwarded to the Fort Drum Environmental Division Hazardous Waste Program Manager at 772-4156.

1.8.5. Solid Waste: The Contractor shall ensure full compliance with all NYS and Federal Regulations concerning solid waste management. Subtitle D, 40 CFR Parts 238-258.

1.8.6. Transportation of Waste: The Contractor shall maintain a current NYS Part 364 Waste Transporter Permit to haul septic waste. The Contractor shall provide proof of valid permit within two business days if requested by the Contracting Officer, or representative.

1.9 REPORTS:

1.9.1. The Contractor shall complete responses in a timely manner to all requirements for reports and requests for information and data, both one-time and recurring.

1.9.2. The Contractor shall report all Contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Portable Toilet via a secure data collection site. The Contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/. Information the contractor will need to complete reporting is as follows: FOB: To be specified at award; UIC: To be specified at award; COMMAND: To be specified at award; FSC: S201.

1.9.2.1. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October http://www.ecmra.mil/

31 of each calendar year. Contractors may direct questions to the help desk at:

http://www.ecmra.mil/.

PWS PART 2: DEFINITIONS AND ACRONYMS

2.1. DEFINITIONS: The definitions set forth below are those unique to this contract.

Definitions for technical terms or words that are included in this contract can be found in the technical documents referenced in the individual functional areas of the PWS. The definitions provided below are oriented to Fort Drum’s PWS. In many cases, definitions are specific by situation. The listing of definitions is not all-inclusive, but it has been derived from official publications (e.g., regulations and technical manuals) when available.

Acceptable Quality Level (AQL): The AQL is a designated value (percent) of defective outcomes/service that the Government indicates will be accepted using acceptable sampling techniques and procedures.

Army Regulations (ARs): Publications issued by Department of the Army (DA) which are directive in nature and contain missions, responsibilities, policies and administrative procedures necessary to insure uniform compliance with those policies.

Business Day: Monday through Friday, except for government recognized holidays and days the Fort Drum installation has been closed for all but emergency business.

Contracting Officer (KO): An individual with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

Contracting Officer's Representative (COR): An individual from the functional activity appointed by the Contracting Officer and delegated specific authority to monitor contract performance and to perform specific contract administration functions.

Contract Discrepancy Report (CDR): A formal method documenting unsatisfactory contractor performance (contract deficiencies and defects against the AQL) in the contract file.

Defective Service: A unit of service, which contains one or more defects and does not conform to specified requirements.

Federal Acquisition Regulation (FAR): Provides uniform policies and procedures for acquisitions by executive agencies of the federal Government.

Government Furnished Property (GFP): All tangible property of Government furnished to Contractor.

Hazardous Waste: A waste as defined in title 40, CFR, Part 261.3. Special handling procedures and disposal facilities are required for their disposal in compliance with federal, state and local regulations.

http://www.ecmra.mil/

Performance Requirements Summary (PRS): The PRS identifies key performance indicators and standards that represent logical service outputs that will be evaluated by the Government to assure the Contractor is fulfilling the terms of the contract.

Performance Standard: A measurable output or result associated with the performance-based description of a requirement found in the PWS.

Quality Control: Those actions taken by the Contractor to control the in-process performance of goods or services to ensure that contract quality standards are met.

Quality Assurance Surveillance Plan (QASP): An organized written document used by the Government for quality assurance surveillance.

Technical Representative (TR): An individual from the functional activity that has appointed authority to monitor contract performance and to perform specific contract administration functions.

2.2. ACRONYMS: For the purpose of the resultant contract, the acronyms listed below shall apply:

AQL Acceptable Quality Level

CFR Code of Federal Regulations

DA Department of the Army

DA Cir Department of the Army Circular

DA Pam Department of the Army Pamphlet

DEC Department of Environmental Conservation

GFP Government Furnished Property

MSDS Material Safety Data Sheets

NYSDEC New York State Department of Environmental Conservation

POV Privately Owned Vehicle

PWS PART 3: GOVERNMENT FURNISHED RESOURCES

3.1. GENERAL: This section describes those items that will be furnished by the Government to the Contractor for performance of the requirements of this contract. The Contractor shall not make use of any property or services described in this section for any purpose other than performing the requirements of this contract. Contractor personnel are responsible for safeguarding GFP, equipment, and facilities. The Contractor shall be required to reimburse the Government for lost, damaged, or misappropriated property for which Contractor personnel are responsible.

3.2. GOVERNMENT FURNISHED SERVICES:

3.2.1. Emergency Services:

3.2.1.1. Emergency Medical Treatment: Government furnished medical service is not available to Contractor personnel, except in emergency on-the-job situations when Contractor personnel suffer serious injury or acute pain. Government emergency treatment will be provided as the first point of medical care. Transfer to non- Government facilities shall be affected as soon as possible and as determined by attending medical authorities. Contractor employees experiencing emergency on-the-job injuries or illnesses may use Guthrie Clinic. The Contractor shall be responsible for any charges resulting from treatment at Guthrie Clinic. The hours of operation for Guthrie Acute Care Clinic are 9am -9pm. Any arrangement between the Contractor and Contractor employees relative to health care, and insurance(s) for health care, shall not interfere with the Government's right to reimbursement in the manner selected by the Government for each occurrence where emergency medical service is rendered. The Emergency Medical Services (EMS) telephone number is 911 (or 766 from a cell phone).

3.2.1.2. Fire Protection: The Government will provide fire protection and prevention services to the contract site. These services are obtained by calling the Fort Drum Fire Department for non-emergencies at 772- 4131 and by dialing 911 (or 766 from a cell phone) for emergencies.

3.2.1.3. Police Protection and Law Enforcement: The Government will provide Police Protection and Law Enforcement services to the Contractor and Contractor personnel on the installation. This service shall also include any investigative services related to physical security of Government owned property and incidents involving Contractor owned property inclusive of privately owned property of Contractor personnel if the incident occurs on the installation. These services are obtained by calling the Directorate of Emergency Services.

3.3. GOVERNMENT FURNISHED SUPPLIES: None

3.4. GOVERNMENT FURNISHED PROPERTY: None

3.5. GOVERNMENT FURNISHED FACILITIES: None

PWS PART 4: CONTRACTOR-FURNISHED ITEMS AND SERVICES

4.1. GENERAL: With the exception of items specifically identified as Government furnished in Part 3, the Contractor shall furnish all supplies, equipment, supervision, materials and services necessary to perform the requirements of this contract.

4.2. PERMITS, TAXES, LICENSES, ORDINANCES, AND REGULATIONS: The Contractor shall, at his own expense, obtain all necessary permits, give all notices, pay all license fees and applicable taxes, comply with municipal, State, and Federal laws, ordinances, rules and regulations applicable to the business carried on under this contract.

4.3. CONTRACTOR OWNED PROPERTY:

4.3.1. Condition of Property: All Contractor property shall be in an operable condition and meet all applicable Federal, State, Local, and Installation requirements for its operation.

Equipment shall also have complete and intact design and safety features as if they were new excluding the appearance of fair wear and tear on the equipment.

4.3.2. Identification and Markings:

4.3.2.1. Equipment: All Contractor furnished equipment shall be inscribed, engraved, stamped, or otherwise permanently marked to identify it as Contractor Owned property. The method of marking and information shall be at the Contractor's discretion except that it shall minimally identify the name of the Contractor’s concern.

4.3.2.2. Vehicles: The Contractor shall provide and maintain sufficient vehicles required to fulfill the terms of this contract. Contractor Vehicles shall bear the name of the Contractor's concern on both right and left side of the vehicle. Identification affixed to vehicles shall be in bold text letters not less than one half (1/2) inch in stock and not less than three (3) inches high.

Color and style of text are at the Contractor's discretion providing the text is in clear and sharp contrast to the surrounding area.

4.3.2.3. Operation: All Contractor owned equipment shall be operated according to applicable Federal, State, Local, and Installation laws and regulations as they apply to the equipment. This includes the requirement that Contractor personnel shall be adequately trained and possesses all necessary licenses, certification, or other required documents to operate the equipment.

PWS PART 5: SPECIFIC TASKS

5.1. GENERAL: The Contractor shall provide all necessary resources, management, personnel, materials, transportation, supplies, and equipment, except Government Furnished Property (GFP), necessary to perform cleaning and maintenance of HVAC systems.

5.1.1. The Contractor shall coordinate with the Fort Drum Fire Prevention Office, at building T-801, phone number 315-772-6338, to have the fire alarm system in the building ductwork turned off.

5.1.2. The Contractor shall use the proper vacuum system tools for cleaning the ductwork.

5.1.3. The Contractor shall clean and vacuum all ductwork within the system of each building.

5.1.4. The Contractor shall wash and clean all vent covers for the intakes and exhaust within the system.

5.1.5. The Contractor shall lubricate all bearings and shafts within the system.

5.2. LOG IN–OUT: The Contractor shall contact the Technical Representative to coordinate all work to be done at least one week prior to commencing work and when they complete work.

5.3. CLEAN UP: The Contractor shall clean up all debris and discarded materials resulting from his operations at the end of each workday. Materials shall be disposed of off post in accordance with applicable local, state and federal laws and regulations. In case of conflict among these laws and regulations, the most stringent law or regulation will apply. No open burning will be allowed.

PWS PART 6: APPLICABLE PUBLICATIONS

6.1. GENERAL: The following regulations/documents are applicable to this contract. The documents are Mandatory and shall be complied with. Supplements or amendments to these mandatory publications may be issued during the life of the contract. Supplements and amendments to mandatory publications shall be considered to be in full force and effective im

PUBLICATION TITLE/SUBJECT A/M

AR 190-40 Serious Accident Report M AR 190-13 The Army Physical Security Program A FD Reg. 190-2 Fort Drum Traffic Code M FD Reg. 385-3 Fort Drum Safety M

FORMS

DA Form 285 United States Army Accident Investigation Report M

End of Performance Work Statement

SECTION 2: INSPECTION AND ACCEPTANCE

1. INSPECTIONS: Government inspections are for the sole benefit of the Government and do not relieve the Contractor of his responsibility for providing adequate quality control measures.

The Government will perform quality assurance (QA) of the Contractor's performance under this contract using the method of surveillance specified in the Quality Assurance Surveillance Plan (QASP). The COR/TR may compare results of inspections performed by the Contractor’s inspectors with the actual conditions observed during Government inspections. The Government reserves the right to conduct 100% inspections.

2. ACCEPTANCE: The Government will accept all work when the Contractor performs and completes the work within the standards described in the PWS and PRS.

3. NON-CONFORMANCE: Failure by the Contractor to perform the work in accordance with the Performance Work Statement shall be considered a non-conformance, shall constitute a contract deficiency, and may be grounds for contract deduction in accordance with the QASP.

4. GOVERNMENT'S RIGHTS: The rights of the Government and remedies described in this section are in addition to all other rights and remedies set forth in these documents. Specifically, the Government reserves its rights under the Terms and Conditions clause; reference FAR Clause 52.212-4. Any deductions shall reflect the reduced value of services performed under the contract. The Contractor shall not be relieved of full performance of the services hereunder. The Government may modify the type and frequency of inspection of items.

SECTION 3: DELIVERIES OR PERFORMANCE

1. PERFORMANCE: Period of performance and standards will be specified in each order.

2. FEDERAL HOLIDAYS: Beyond the observance of Federal Holidays or uniquely occurring national events, the Contractor may observe other dates of public or religious significance;

however, the occurrence and observation of such shall not relieve the Contractor from full performance of any contract requirement or specified delivery dates. Federal Holidays are as follows:

New Year's Day 1 January Martin Luther King Day Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veteran's Day 11 November Thanksgiving Day Fourth Thursday in November Christmas Day 25 December

SECTION 4: CONTRACT ADMINISTRATION

1. CONTRACT ADMINISTRATION: After award, Mission and Installation Contracting Command, Fort Drum, Services Division, will administer the contract. The Contractor shall, after receipt of the contract, direct all questions concerning the contract to:

Mission & Installation Contracting Command 31 Quartermaster Road Fort Drum, NY 13602-5220

2. IMPORTANT NOTICE: The Contractor shall not accept any instructions issued by any person other than the Contracting Officer or his/her authorized representative acting within the limits of his/her authority. No information other than that which may be contained in any authorized amendment to this solicitation or any authorized modification to any resulting contract issued by the Contracting Officer, which may be received from any person employed by the U.S. Government or otherwise, shall be considered as grounds for deviation from any provisions, conditions or other terms of these documents.

3. CONTRACTING OFFICER'S REPRESENTATIVES AND THEIR AUTHORITY:

3.1. The Contracting Officer may designate individual(s) to act as the Contracting Officer’s Representative (COR) under this contract. Such designations will be made by letter from the Contracting Officer with an information copy furnished to the Contractor. The COR will represent the Contracting Officer in the administration of the contract but will not be authorized to change any of the terms and conditions of the contract.

3.2. No oral statements of any person, whomsoever, will in any manner or degree modify, or otherwise affect the terms and conditions of this contract. The Contracting Officer shall be the only person authorized to approve changes in any of the requirements under this contract, and notwithstanding any provisions contained elsewhere in this contract, said authority shall remain solely with the Contracting Officer.

3.3. A Technical Representative (TR) may be appointed in place of a COR in some instances.

In this event all language referring to a COR shall mean TR.

4. INDIVIDUALS AUTHORIZED TO PLACE ORDERS:

4.1. Contracting Officers will issue BPA Calls for orders above the Government Purchase Card (GPC) threshold. No individual order placed under this BPA by personnel located outside the Mission & Installation Contracting Command (MICC) will exceed $25,000.00.

4.2. Individuals that have been appointed as Government Purchase Card (GPC) holders may order services against this BPA, within their purchase limit authorization letter. The Contractor may request to see this from any individual ordering service that is not on a BPA Call. No order shall be placed by the individuals or accepted by the Contractor that exceeds the specified single purchase limit in the authorization letter, nor shall orders be intentionally split for the purpose of circumventing the specified single purchase GPC limit. Contract Specialists at the Mission &

Installation Contracting Command (MICC) can issue calls within the dollar limits specified in the FAR.

5. INVOICES:

5.1. All services performed under this BPA shall have an invoice submitted within five business days of the end of the period of performance.

5.2. When services are ordered by a GPC Holder, the Contractor shall submit invoice to the GPC Holder, copying the COR/TR for confirmation of services rendered.

5.3. Each invoice shall contain the following information:

a. Name of Contractor

b. BPA number

c. Date of order

d. Name of individual placing order

e. Itemized list of services provided

f. Total cost

5.4. The Contractor shall submit invoices through Wide Area Workflow (WAWF) for services ordered on BPA Calls. Instructions will be included on individual BPA Calls.

SECTION 5: SPECIAL CONTRACT REQUIREMENTS

1. MINIMUM INSURANCE REQUIREMENTS: A current certificate from the Prime Contractor showing the following minimum amount of insurance is required to be submitted prior to beginning work on a Government installation. If insurance is required it will be determined on each BPA call. Not all procurements will require insurance.

TYPE AMOUNT

I NYS Workmen’s Compensation As required by state law II Employer’s Liability $100,000, if occupational diseases are not included in the State’s Worker’s Compensation Coverage.

III General Liability for Bodily Injury $500,000 per occurrence IV Automobile Liability

Bodily Injury Property Damage

$200,000 per person $500,000 per occurrence $ 20,000 per occurrence

2. FedBid: The Government may utilize FedBid in order to compete the calls. The Contractor shall register with FedBid prior to issuance of a Master Blanket Purchase Agreement. The website to register is http://www.fedbid.com/, email: info@fedbid.com, phone: 877-9-FEDBID.

http://www.fedbid.com/ mailto:info@fedbid.com