DAVIS_BARRACKS_(BLDG_755)_FACILITY_MAINTENANCE_CUSTODIAL_PWS_FINAL.docx

Performance Work Statement (PWS)

Facility Maintenance/Custodial Support Services

Davis Barracks, Building 755 United States Military Academy, West Point, New York iv

TABLE OF CONTENTS

APPENDIX A

TE NUMBER DESCRIPTION

i

1.0 INTRODUCTION. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the facility maintenance and custodial services as defined in this Performance Work Statement (PWS), Part 5 except for those items specified as Government furnished property and services. The Contractor shall perform to the standards in this contract.

1.1 BACKGROUND. Davis Barracks, Bldg. 755 is located at the United States Military Academy, New York, Orange County, West Point.

1.2 OBJECTIVES. Technical Exhibit TE001 identifies (garrison on type use) which buildings/areas belong to each building type, the square footage of the building/areas, any special security considerations, any constraints as to when during the day or week scheduled services can be performed to the building/area and identifies tasks and frequencies for minimum standards for each type of task.

2.0 REQUIREMENTS.

2.1 GENERAL.

2.1.1 SCOPE. The Contractor shall perform the facility maintenance and custodial services in accordance with this PWS and the technical exhibits (T.E.s). During performance of the contract the Government reserves the right to add or delete facilities and/or the level of services required. A modification to the contract will be executed to incorporate these changes.

2.1.2 GENERAL INFORMATION/PERIOD OF PERFORMANCE (POP).

The POP is as follows:

Base Year Option Year I Option Year II Option Year III Option Year IV

2.1.3 PLACE OF PERFORMANCE AND HOURS OF OPERATION.

2.1.3.1 PLACE OF PERFORMANCE. The work to be performed under this contract will be performed at Building 755, Davis Barracks. The Contractor shall provide the KO a schedule no later than (10) workdays prior to commencing work. Schedule shall outline tasks to be performed and identify the timeline for the task to be accomplished. The KO will provide the Contractor with requirements to make changes to the schedule as they occur.

2.1.3.2 HOURS OF OPERATION. The Contractor is responsible for providing services between the hours of 0730 -1600 hrs., Monday through Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor shall be available on a 24 hour-a-day basis, including weekends, holidays and outside of core hours and shall be prepared to sustain continuous operations when directed by the Contracting Officer or as dictated by mission requirements. The Contractor shall submit a list of emergency telephone numbers where key personnel may be contacted when not present at the work site on or before Contract performance start date. 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.

2.1.4 RECOGNIZED/FEDERAL HOLIDAYS. The Contractor shall submit to the KO an alternate schedule for those buildings that will be affected by federally observed holidays not later than ten (10) work days prior to the holiday. The schedule shall include dates for make-up of all buildings affected by the holiday.

2.1.5 TRAVEL/TEMPORARY DUTY. N/A

2.1.6 EMERGENCY SERVICES. The Contractor shall have competent personnel trained and capable of dealing with minor personnel injuries. The Contractor of their employees shall immediately notify their supervisor of any accident requiring emergency medical treatment. The Contractor will, in turn, notify the KO or COR within 30 minutes of the incident. Emergency medical treatment and services for Contractor personnel is the responsibility of the Contractor.

2.1.7 CONTRACT ADMINISTRATION AND MANAGEMENT. The Contractor shall perform all planning, programming, administration, and management necessary to provide services as specified herein. The work shall be conducted in accordance with the Contract and all applicable Federal, State of New York, and local laws, regulations, codes and directives.

(a) The Contractor shall verify that all work meets performance objectives, critical reliability rates, standards, or tolerances specified or included in this Contract and applicable referenced documents. The Contractor shall perform all related Contractor administrative services necessary to perform work, that shall include, but not be limited to, supply, quality control, job order shop operation and Contractor financial control. Services shall also include maintenance of accurate and complete records, files and libraries of applicable documents to include Federal, State and local regulations, codes, technical manuals and manufacturer instructions and recommendations.

(b) The Contractor shall provide related services such as formatting and entering data, database maintenance, preparing and providing required reports, compiling historical data, performing administrative activities and submitting necessary information as specified.

2.1.7.1 POST AWARD CONFERENCE/PERIODIC PROGRESS MEETINGS. The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation (FAR) Subpart 42.5. The KO and Contracting Officer’s Representative (COR) shall meet periodically with the Contractor to review the Contractor's performance. At these meetings the KO will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues.

2.1.8 QUALITY CONTROL. The Contractor shall develop and maintain an effective quality control process to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure against recurrence of defective services. The Quality Control Plan (QCP) must be reviewed and accepted by the KO prior to contract start date.

2.1.9 CONTRACTING OFFICER’S REPRESENTATIVE (COR). The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: Assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, and specifications; monitor Contractor's performance and notifies both the KO and Contractor of any deficiencies; coordinate availability of Government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting contract.

2.1.10 SUBCONTRACT MANAGEMENT. It is the responsibility of the Contractor to manage any subcontract established to support the performance of the work identified in the PWS. The Contractor will provide a list of all subcontractors (including contact information) that are being used to the COR.

2.1.11 KEY PERSONNEL. The following personnel are considered key personnel by the Government.

2.1.11.1 CONTRACTOR CONTRACT MANAGER. The Contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the Contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 0730 -1600 hrs., Monday through Friday except Federal holidays or when the Government facility is closed for administrative reasons.

2.1.11.2 CONTRACTOR EMPLOYEES. All employees who work in the Building 755, Davis Barracks are deemed key personnel. These Contractor employees shall meet all of the requirements delineated in PWS paragraphs 3.0.

2.1.12 IDENTIFICATION OF CONTRACTOR EMPLOYEES. All contract personnel shall wear a badge and uniform that clearly delineates them as a Contractor employee. All Contractor personnel when answering a telephone shall also clearly identify themselves as a Contractor employee. 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 such that they avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all correspondence (documents, emails etc.,) or reports produced by Contractor are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

2.1.13 NON-PERSONAL SERVICES. Non-personal services. Contractor employees performing services under this contract shall be controlled, directed and supervised at all times by management personnel of the Contractor. The Government will notify the Contractor’s management of all tasks that require completion and the Contractor’s management will assign those tasks to the appropriate Contractor personnel under this contract. The Contractor's management shall ensure that employees comply with the performance standards outlined in this PWS and as required by the contracting officer or the COR. Contractor employees shall perform independent of and without the supervision of any Government official. Actions of Contractor employees may not be interpreted or implemented in any manner that results in any Contractor employee creating or modifying Federal policy, obligating the appropriated funds of the U.S. Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee or otherwise violating the prohibitions set forth in Parts 7.5 and 37.1 of the Federal Acquisition Regulation (FAR). The Government will control access to the facility and will perform the inspection and acceptance of completed work and tasks.

2.1.13.1 STANDARDS OF 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. Contractor employees shall comply with all DoD and local requirements that establish uniform policies governing smoking in and around Government Owned buildings and vehicles. The Contractor shall remove from the job site any employee for reasons of misconduct or security. In accordance with 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 the installation.

2.1.14. ORGANIZATIONAL CONFLICT OF INTEREST (OCI). 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 Organizational Conflict of Interests (OCI) 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.

2.2. SPECIAL REQUIREMENTS.

2.2.1 SECURITY. Contractor and all associated sub-contractors’ employees shall comply with applicable garrison, facility, and area commander garrison/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 garrison access requirements to be accomplished by garrison Provost Marshal Office, 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 garrison change, the Government may require changes in Contractor security matters or processes.

2.2.1.1 CRIMINAL BACKGROUND CHECKS. All contractor employees entering USMA will have successfully completed a law enforcement background and National Crime Information Center (NCIC) check. Documentation of these checks will be provided to the DPW Project Manager and to the USMA Security prior to entering USMA. The Contractor shall provide the names and Social Security numbers of all employees working at USMA to the DPW Project Manager at least ten (10) business days prior to entering the installation. Contractor employees working at USMA must obtain local area access badges and passes (if required) in accordance with facility regulations. The Contractor shall return all issued installation badges Local Area Badge and/or access passes to the DPW Project Manager when this contract is complete or when access to the installation or facility is no longer required.

2.2.1.2 SECURITY POLICIES. All Contractor and all associated sub-contractors 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 must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy.

2.2.1.3 FORCE PROTECTION. During higher Force Protection Conditions (FPCON’s) Contract personnel are required to comply with all Antiterrorism policies, procedures and to follow on directives of security and law enforcement personnel while on the installation. Contract personnel may be directed to enter the installation through certain access control points where they can best be identified and searched. Contractor personnel may be prohibited from certain portions of the installation during exercises and actual emergencies. Access may be denied during increased readiness or FPCON’s.

2.2.2 AT/OPSEC. (See latest AT/OPSEC coversheet guidance as well as applicable mission and/or local guidance)

2.2.3. SPECIAL EVENTS. Annual special events require that the highest standards of appearance shall be maintained and they may result in some changes to the normal government duty hours. Special Events Schedules are published as conditions dictate and shall be made available to the Contractor. The schedule of the events may require a change in the contractors work schedule for task accomplishment. In addition, the requirement to accomplish Minor Cleaning, as required and Emergency Cleaning Tasks will be higher than normal. In order to meet these requirements the contracting officer or his designated representative shall meet with the Contractor two weeks before the special event in order to determine what necessary changes must be made to the contractors working hours and staffing levels. Changes made to working hours and task requirements for listed special events shall be without additional cost to the government.

2.2.4. CYBERSECURITY AT LEVEL I TRAINING: All Contractor employees, to include subcontractor employees, requiring access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. 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 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: jko.jten.mil.

2.2.5. THEATER BUSINESS CLEARANCE. N/A

2.2.6. iWATCH TRAINING. The Contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). 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. This training shall be completed within 30 calendar days of contract award and within 15 calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award.

2.2.7 PHYSICAL SECURITY. The Contractor shall safeguard all Government equipment, information and property provided for Contractor use. Contractor shall maintain a physical security checklist/log which will be forwarded to the COR on a monthly or quarterly basis, no later than the fifth day of the month or after the quarter ends. (Insert the following sentence, if performing in a Government facility.) At the close of each work period, Government facilities, equipment, and materials shall be secured.

2.2.7.1 KEY CONTROL. The Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards.

(a) No keys issued to the Contractor by the Government shall be duplicated.

(b) The Contractor shall develop procedures covering key control that shall be included in the Contractor Security Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas.

(c) The Contractor shall prohibit the use of Government issued keys by any persons other than the Contractor’s employees.

(d) The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer (KO).

2.2.7.1.1 LOST KEYS. Lost keys shall be reported to the COR and the KO. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, 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.

2.2.7.1.2 LOCK COMBINATIONS. The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Contractor’s QCP.

2.2.7.1.3 CONTRACTOR SECURITY PLAN. The Contractor shall submit a Contractor Security Plan no later than 30 days prior to Contract performance start date. The Plan shall describe physical, personnel and key control security procedures to be used by the Contractor during Contract performance and will contain provisions for control of all personnel assigned to the Contractor. The Plan shall specify how the Contractor shall prevent unauthorized access, vandalism, pilferage, larceny, sabotage, and arson directed toward Contractor controlled facilities and Government Furnished Property. The Contractor Security Plan shall also provide for internal safeguards for the security of Government Furnished Property.

2.2.8 SAFETY. The contractor shall perform work in a safe manner as required by OSHA Safety and Health Requirements. Provide a verbal notification to the KO as soon as possible of each occurrence of damage to Government property or an accident resulting in death, injury, occupational disease, or adverse environmental impact. Provide a completed copy of required Accident Investigation Reports to the KO within five calendar days of each occurrence. A Safety Program shall be instituted and maintained by the Contractor to prevent property damage and accidents and to preserve the life and health of Contractor and Government personnel involved in the performance or receiving services provided under the Contract. The Program shall comply with 29 CFR Part 1910, Occupational Safety and Health, 29 CFR Part 1926, Safety and Health Regulations for Construction, 29 CFR Part 1949, Office of Training and Education, Occupational Safety and Health administration, 29 CFR Part 1960, Basic Program Elements for Federal Employee Occupational Safety and Health Programs and Related Matters, the provisions of the Occupational Safety and Health Administration and the Environmental Protection Agency (EPA), Accident Reporting and Records, Engineer Manual 385-1-1, The Corps of Engineer Safety Manual and the Confined Space Entry Standard 29 CFR 1910.146. In cases where the standards conflict, the most stringent requirement shall apply.

2.2.8.1 SAFETY PLAN. The Contractor shall submit a Safety Plan no later than 30 days after Contract award. The plan shall describe the methods, processes and procedures the Contractor shall use to prevent accidents and preserve the life and health of Contractor and Government personnel. The Contractor’s Safety Plan shall include, but will not be limited to, a description of provisions for:

(a) Procedures and practices that minimize accident risk and provide for implementation of a Risk management process.

(b) Safety procedures and practices that minimize accident risk and include any internal safety directives or standing operating procedures used by the Contractor.

(c) Performing written job hazard analyses for each position, which identifies the requirement for and type of personal protective equipment required.

(d) Providing safety equipment, personal protective equipment and safety devices.

(e) Verifying the use by employees of safety equipment and personal protective equipment and devices necessary to protect the individual.

(f) Establishing the responsibility of management and supervisors to verify that employees observe installation and shop safety precautions.

(g) Appointing and training a collateral duty safety representative within each work area.

(h) Requiring inspection and survey of Contractor work areas for potential safety hazards and abatement of identified hazards.

(i) Conducting a safety training program and monthly safety meetings.

(j) Providing necessary personnel health screening.

(k) Complying with AR on Tobacco Use on the installation.

(l) Notifying the Contracting Officer of planned visits, investigation or corrective actions required by Federal, State, local agency or any non DOD agency.

(m) Preparing, submitting and maintaining reports and records on accidents, safety inspections and investigations.

(n) Developing a written Hazard Communication Program in accordance with 29 CFR 1910.1200, Hazard Communication.

(o) Verifying all employees are knowledgeable about the hazard reporting

(p) procedures in accordance with 29 CFR Part 1910, Occupational Safety and Health, 29 CFR Part 1960, Basic Program Elements for Federal Employee Occupational Safety and Health Programs and Related Matters, and Occupational Health and Industrial Hygiene.

(q) Providing a form for the evaluation of employee compliance with all written safety standards and practices.

(r) Performing fire prevention and protection activities to support DOD and AR on Fire Prevention-Fire Protection.

2.2.9 CONTINGENCY PROGRAM. The Contractor shall establish, maintain, and implement, programs to meet the Government requirements for contingencies. In the event that unusual conditions develop, the Contractor shall continue, and expand if necessary, Contract performance.

2.2.9.1 CONTINGENCY ACTIVITIES PLAN. The Contractor shall submit a Contingency Activities Plan no later than 30 days prior to Contract performance start date. The plan shall describe the ability of the Contractor to participate in Contingency Activities. The plan shall identify a single Point of Contact within the Contractor organization for participation in and coordination of contingency planning activities. The Plan shall outline in detail procedures, personnel, and the means of accomplishing all functions in the Contract and any new demands, such as increased Contractor-Furnished Property, extended work hours, and expansion of the Contractor work force under contingency conditions that shall include, but will not be limited to:

(a) Natural disasters (for example, earthquakes, major storms, flash floods, wild lands fires)

(b) Mobilization, deployment, or sudden buildup of forces (for example, war, police action, international crisis, civil disturbance), including backfill of Contractor personnel in the event of activation, draft, or recall to active duty of these personnel.

(c) Terrorism or other threats to personnel or property

(d) Utility outages

(e) Local government emergencies (for example, accidents, fires)

(f) Special circumstances identified by the Government

(g) Cooperation, coordination and support to military units.

(h) Providing military units and personnel with shop space, special tools, supply support and, if required, On-the-Job training as directed by the Contracting Officer.

2.2.9.2 LABOR STRIKE PLANNING. The contractor will submit a Strike Contingency Plan no later than 30 days prior to Contract performance start date outlining the procedures to be followed by the Contractor in the event of labor strikes that impact upon performance of work under the Contract. The Contractor shall maintain and follow the plan under circumstances for which the plan was developed.

(a) A description of the procedures that will be used to provide essential services, such as emergency service order or work order response, and to operate essential functions such as heating (in season), refrigeration, and essential cooling, and emergency generators. Identification, by position, of the personnel who shall be responsible for performing the emergency services shall be included. These essential services shall be provided continuously without interruption.

(b) A description of how and where qualified personnel shall be recruited and hired, a description of the recruiting procedures to be used and the time frames that may be needed to secure such personnel in the event of a work stoppage.

(c) A description of Contractor experience in collective bargaining (e.g., description of type of union, description of negotiations conducted, number of strikes or walkouts experienced, causes of the strikes or walkouts and the outcome of negotiations resulting from the strike or walkout).

2.2.10 SPECIAL TRAINING / QUALIFICATIONS.

2.2.10.1 EMPLOYEE QUALIFICATIONS. The Contractor shall provide qualified personnel as required to accomplish all work and services required by the Contract within specified time frames. Contractor employees shall be trained, qualified, certified or licensed as required in the Contract or as required by the State or Federal Statutes applicable at the time of employment start date. The Contractor shall maintain the workforce in such a manner as to verify that employees remain fully qualified to perform the work specified in the Contract. Personnel performing under the Contract shall be employees of the Contractor and not the Government.

2.2.10.2 TRAINING PROGRAM. A Training Program shall be developed and implemented by the Contractor. The training program shall provide Contractor personnel trained and certified if required to accomplish the requirements of this Contract. The Training Program does not relieve the Contractor from verifying that Contractor personnel are qualified to perform their assigned tasks when they begin employment under this Contract. The Contractor shall maintain records of all scheduled and accomplished training.

2.2.10.2.1 TRAINING PLAN. The Contractor shall submit a Training Plan documenting all contractor training (Safety, Environmental, Occupational, etc.) no later than 30 days prior to the Contract performance date. The plan shall describe the requirements, methods, processes and procedures the Contractor shall use to provide training to Contractor employees to include training and required certifications by occupation category. The objective of the training shall be the development of employees familiar with the policies and procedures and capable of performing work under the Contract. The training shall include, but will not be limited to:

(a) A general orientation regarding Contract requirements.

(b) The provisions of standing operating procedures and general work requirements.

(c) A familiarization with the physical configuration of the barracks and assigned work area(s), to include at a minimum, the location and layout of functional area facilities, emergency medical facility, storage areas and shop areas.

(d) The Safety Plan and safety requirements of the Contract.

(e) The fire protection and prevention requirements of the Contract.

(f) The Environmental requirements of the Contract.

(g) The emergency notification and response procedures.

(h) The requirements for governing ethics and prevention of conflicts of interest.

(i) The requirements for prevention of fraud, waste and abuse.

(j) Army regulations and directives specifically applicable to the employee.

(k) The requirements of the security program, including Government-defined Subversion and Espionage

(l) The requirements of ethics, sexual harassment and Equal Employment Opportunity training.

(m) The DOD and Army smoking policy.

(n) Specialized training for maintenance of employee proficiency such as Welder Certification, Gas Technician, Freon Handling, welding of steel gas pipe, joining of plastic pipe and operation of gas leak detection equipment.

2.2.10.2.2 SAFETY TRAINING. The Contractor shall develop, provide and document safety training. Safety training shall consist of initial training for new employees, daily and weekly task safety training and discussions and monthly, quarterly and annual training sessions to verify that employees conduct work in a safe manner and to recognize and report hazardous conditions. The Contractor shall complete initial training within 30 calendar days after Contract start date or no later than the first occurrence by an employee of work under the Contract. The Contractor shall maintain on file a current listing of Contractor employees, by name, who have attended the training. The Contractor shall develop procedures to verify new hire employees are properly trained prior to work assignment. The Contractor shall submit notification no later than 10 calendar days after completion of initial and monthly, quarterly and annual training. The notification shall include the names of attendees, the name of the individual presenting the training and the subject of the training. Safety training subjects that shall include, but will not be limited to:

(a) Safe practices; proper use, care, and maintenance of tools and equipment

(b) Accident reporting

(c) Accident prevention

(d) Accident avoidance (defensive driving)

(e) Vehicle and equipment operations

(f) Equipment safety components

(g) Packaging and shipping

(h) Petroleum, Oil and Lubricants handling and storage

(i) Hazardous materials storage, transporting and handling

(j) Asbestos & lead-based paint (LBP) recognition

(k) Confined space

(l) Respirator Training

(m) Hazard Communication (HAZCOM) (29 CFR 1910.1200)

(n) HAZWOPER training (29 CFR 1910.120)

(o) Lock out/Tag out

(p) Personal Protective Equipment

(q) Back injury prevention

(r) Hearing conservation

(s) Eye injury prevention

(t) Heat and cold injury prevention

(u) High work (more than 6 feet above the surface involving ladder and scaffolding)

(v) Hot work (torch and welding)

(w) Working around natural gas (spark prevention, no smoking, static electricity, etc.)

(x) Working around pesticide applications

(y) Working with steam

(z) Fire protection and prevention

2.2.11 ENVIRONMENTAL REQUIREMENTS.

2.2.11.1 DPW ENVIRONMENTAL MANAGEMENT DIVISION (EMD). The DPW EMD Branch Chief, will serve as the single Point of Contact for the Contractor when there is a need to contact regulatory agencies. All permit applications, mandatory notification requirements, mandatory reports, and proof of compliance actions required of the Installation shall be submitted to regulatory agencies through the DPW EMD Branch Chief. Consequently, the Contractor shall submit copies of all information required of the Contractor by regulatory agencies to the Contracting Officer as required. Copies of all required monthly, quarterly, annual, and special monitoring reports shall be provided to the Natural Resources Branch Chief within five days of submittal to the regulatory agency. This does not release the Contractor from being directly responsible to the United States Environmental Protection Agency and the New York Department of Environmental Protection in all matters within the scope of the Contract concerning compliance with Federal and State of New York law and protection of public health and the environment.

2.2.11.2 ENVIRONMENT AND OSHA. The Contractor shall comply with all local, state, and Federal environmental and occupational safety laws, rules, and regulations. Any apparent conflict between compliance with such local, state and Federal laws, rules and regulations, and compliance with the requirements of the contract shall be immediately brought to the attention of the KO and/or the COR final resolution. The Contractor shall notify the KO and COR in writing in addition to any verbal notification of such conflicts. The Contractor shall be liable for all fines, penalties, and costs which result from violations of, or failure to comply with, all such local state, or Federal laws, rules, and regulations. All unsafe acts or conditions fostered by the Contractor or Contractor personnel may be grounds for the KO or COR, to halt all Contractor performance with a commensurate deduction of monies due the Contractor until such unsafe conditions are corrected. The Contractor shall take due caution not to endanger personnel during performance of this contract. Upon discovery of any hazard such as, but not limited to, fire, or large fuel spill, the Contractor shall immediately notify the KO or COR.

2.2.11.3. GREEN PROCUREMENT. In order to comply with the green procurement requirements of Section 6002 of the Resource Conservation and Recovery Act of 1976 (RCRA) and Executive Order 13423, the Government requires the use of recycled and recovered materials and products identified in the Environmental Protection Agency's (EPA) Comprehensive Procurement Guidelines. These materials and products must meet the requirements of the Performance Work Statement (PWS), must not delay the progress of work, must be available from more than one source, and must not be cost prohibitive. EPA guideline items are seen as the minimum that should be considered when evaluating recyclable materials. Other materials and products not listed, but commonly used in industry outside of the Government, should also be considered. Material and product submittals for all recycled-content items should list the recycled and recovered materials used and the percentage content. The Contractor shall track the purchase, quantities, and the percent of recyclable content for these materials throughout the life of the contract. The Contractor shall consolidate and provide this information to the COR in quarterly reports. The Contractor shall annually submit a summary report of certification and estimate as required by FAR 52.223-9, title, Certification and Estimate of Percentage of Recovery Material Content for EPA Designated Items, upon completion of the base year and each follow-on year, until completion of the contract to the COR. The quarterly and annual reports shall be sent to the COR. The intended end use of the item, materials with recovered materials content, at levels recommended by the EPA's CPG is found at website; http://www.epa.gov/cpg/products.

2.2.11.4. DISPOSAL. The Contractor shall properly dispose of all waste resulting from the performance of the work defined in this PWS in accordance with product disposal standards and environmental regulations.

2.2.11.5 HAZARDOUS MATERIALS AND WASTE. The Contractor is responsible for the proper management, procurement, storage, use and disposal of hazardous materials and any associated waste IAW all federal, state and local laws and regulations. The Contractor shall:

(a) Obtain only the minimum amount of materials designated as hazardous to complete the task at hand. Additional materials for storage shall not be obtained.

(b) Verify that Contractor personnel with access to hazardous materials and hazardous waste have the required hazardous materials and hazardous waste training in accordance with, but will not be limited to, Federal, State and local regulations, including regulations of the Occupational Safety and Health Administration. Contractor personnel in contact with hazardous materials and hazardous waste during the course of performing work for accomplishment of the Contract shall attend, at a minimum, a 40-hour Hazardous Materials and Hazardous Waste Handler Course.

(c) Obtain and maintain at each work site a current Material Safety Data Sheet for each type of hazardous material and hazardous waste present on the site. The Contractor shall verify that the Material Safety Data Sheet is available to employees.

(d) Verify Contractor personnel have received the proper training to wear appropriate personal protective equipment including respiratory protective equipment, and use safety equipment for the handling of hazardous materials and hazardous waste in accordance with 29 CFR Part 1910, Occupational Safety and Health.

(e) Verify proper handling and storage of hazardous materials and hazardous waste in accordance with 40 CFR Part 260, Hazardous Waste Management System: General.

(f) Verify all hazardous materials and hazardous waste are stored in accordance with Material Safety Data Sheet requirements and Installation Fire, Safety and Environmental regulations.