A.01.30_PWS__ARC_FLASH_clothing_rental.pdf

PERFORMANCE WORK STATEMENT (PWS)

Arc-Flash PPE rental and laundering

John Day Willow Creek Project, Rufus Oregon

1.0 General US Army Corps of Engineers, Portland District requires the rental and laundering of fire retardant garments for employee use and safety for the John Day Willow Creek Project. Flame Resistant (FR) Protective Clothing is required under Federal OSHA regulations and NFP A 70E standards to maintain a safe work environment for employees working in areas containing electrical hazards.

The Contractor shall provide all personnel, equipment, tools, materials, vehicles, supervision, and other items and services necessary to rent fire retardant (Arc-Flash garments) and launder as defined in this Performance Work Statement (PWS) at the John Day Lock and Dam in Rufus, Oregon. Location for work will be John Day Lock and Dam located in Rufus, Oregon. The Contractor shall perform to the standards in the contract and comply with all local, state, and federal regulations during the services performed.

This firm fixed priced contract is for a base year (12 months), and two Option years.

2.0 Definitions Throughout this PWS terms are defined as follows:

Acceptable Quality Level (AQL): Acceptable Quality Level equals the performance standards listed in 5.1 through 5.4. The Contractor must re-perform all unsatisfactory work unless excused by the QAE.

Contracting Officer (KO): The Government employee who is authorized to enter into, administer, and/or terminate contracts and make related determinations and findings.

Contracting Officer’s Representative (COR): The Government employee who has been authorized in writing as the Contracting Officer’s Representative, acting within the limits of their authority.

Quality Assurance Evaluator (QAE): The Government employees responsible for checking Contractor performance.

Contract Discrepancy Report (CDR): A written record of unsatisfactory performance by the contractor as observed by the Quality Assurance Evaluator (QAE).

John Day Lock and Dam: The destination of where the contract is to take place.

3.0 The Requirements; Government:

The Government will not furnish any supplies to the contractor.

4.0 The Requirements; Contractor:

4.1 The contractor shall provide for the measurement, delivery, pick-up, cleaning, and repair or immediate replacement of rented fire retardant/arc flash garments with the hazard rating category (HRC) of 2.

Service shall include placement, rental and pick up of a dirty clothing hamper sufficient in size for the weekly number of rented garments and lockers or racks with employee last name and locker numbers at one U.S. Army, Corps of Engineers hydro-power Dam in Rufus, Oregon. John Day Dam: 34 Male Employees, 4 Female Employees. A total of 38 employees to be fitted. The contractor is responsible for accountability of garments. Weekly, the contractor shall provide a hand receipt inventorying the number of garments (by employee) which are being picked up, and signed by the project representative.

4.2 Delivery location: The delivery/pick up is John Day Lock and Dam located in Rufus, Oregon. Delivery shall take place on Thursdays, except for U.S. holidays when delivery will be rescheduled for an alternate date with the project representative.

4.3 Access to Project: Deliveries shall be scheduled during working hours between 8:00 a.m. and 4:00 p.m.

and shall be escorted by a USACE employee who will confirm on each delivery ticket that there are five

(5) clean garments for each employee, each week.

4.4 One invoice shall be submitted each month reflecting the contract number, contract line numbers and the monthly charges based on the number of weeks in the month.

5.0 Performance Standards and Guideline Requirements (Also see Paragraph 6.0)

5.1 Rental & laundering of Arc-Flash Garments – Male & Female fitted clothing: broken out by gender, and garment type and quantity.

5.2 The Contractor shall provide the rental to include racks/lockers, hamper, measurements, delivery, pick-up, cleaning, repair, replacement of fire retardant clothing for 38 employees at John Day Lock and Dam each week. A set is comprised of five (5) sets of shirts/pants or bib overalls and two (2) bomber style jackets for each employee each week for 12 months. A work week is 4 days, so a set is 5 days.

5.2.1 Fire retardant bomber style jackets for up to 38 personnel: total of 3,952 over 12 months

5.2.2 Fire retardant bib overalls for up to 34 men: total of 8,840 over 12 months

5.2.3 Fire retarded jean pants for up to 34 men: total of 8,840 over 12 months

5.2.4 Fire retardant shirts for up to 34 men: total of 8,840 over 12 months

5.2.5 Fire retardant jean pants for up to 4 women: total of 1,040 over 12 months

5.2.6 Fire retardant bib overalls for up to 4 women: total of 1,040 over 12 months

5.2.7 Fire retardant shirts for up to 4 women: total of 1,040 over 12 months

5.3 The contractor, after award, shall schedule through the Contracting Officer’s Representative (COR) the on-site visit at John Day Lock and Dam to take employee measurements and provide initial delivery of all garments for all employees within four weeks of the contract award date. These garments shall consist of two (2) bomber style jackets, five (5) pair of men’s jean pants or five (5) sets of men’s bib overalls or combination, as quantified in the PRICE SCHEDULE and paragraphs 5.2, 5.3 and 5.4 herein, and five (5) men’s long sleeve shirts for male employees – or – five (5) pair of women’s jean pants or five (5) sets of bib overalls any combination, and five (5) women’s long sleeve shirts for female employees. These garments shall be pre-washed and ready for immediate wear upon delivery, and shall have the employee’s last name sewn on a patch in flame retardant thread that can be removed after the rental period.

5.4 Lost or damaged garments shall be repaired with fire retardant thread, re-washed to remove stains or replaced within one week.

5.5 Weekly delivery tickets will list employee names and locker numbers and reflect five garments each, while monthly invoices will reflect the total number of garments delivered in each category for the month per site/project location. The contractor employee and the U.S. Army, Corps of Engineers employee acting as escort will each sign off on each delivery ticket to verify that five garments have been made available for each employee each week. Every week the contractor shall count every garment by employee name and provide a pick up ticket on what was collected to be washed.

5.6 There will be no additional charges permitted outside the contract award amount. Improper measurements or hemming that leads to poor fitting garments shall be corrected immediately within one week.

5.7 All garments shall be laundered in accordance with the manufacturer’s laundry recommendations to maintain fire retardant capability and be rated for Arc Flash protection in accordance with NFP A 70E and ASTM F 1506.

6.0 Performance Requirements Summary

6.1 To ensure that the Government receives the services for which it contracted, the Government will only pay for services received. The Performance Requirements Summary (PRS) determines if the Contractor meets the performance standards of the contract, as well as provides guidelines for how and when surveillance will be performed. It ensures timeliness, effectiveness and that the Contractor is delivering the results specified in the contract. Government contract quality assurance will be performed per the PRS surveillance schedule.

6.2 These are the criteria against which the performance will be evaluated. Work shall be considered not to have been performed when any one of the following conditions exists in accordance to the Quality Assurance Surveillance Plan.

PERFORMANCE REQUIREMENTS SUMMARY

Performance Objective

Performance

Standard

Surveillance

Validated Complaints/Allowed number of discrepancies

5.1, 5.2, 5.3, 5.4 Fitted arc flash protective clothing for each USACE employee with gender specific sizes.

Direct Observation & Customer Complaints

5.1, 5.2, 5.3, 5.4 Provided arc flash protective clothing that meets NFPA 70E standards.

Direct Observation & Customer Complaints

5.1, 5.2, 5.3, 5.4 Repaired arc flash protective clothing in accordance with manufacturer instructions and

NFPA 70E.

Direct Observation & Customer Complaints

5.1, 5.2, 5.3, 5.4, 5.5, 5.7

Marked all arc flash protective clothing items to make them personally identifiable.

Direct Observation & Customer Complaints

5.1, 5.2, 5.3, 5.4 Delivered to the appropriate on time and to the correct location.

Direct Observation & Customer Complaints

5.1, 5.2, 5.3, 5.4 Delivered the appropriate number of clothing articles.

Direct Observation & Customer Complaints

5.9 Garments laundered in

accordance with the manufacturer’s laundry recommendations to maintain fire retardant capability and be rated for Arc Flash protection in accordance with NFP A 70E and ASTM F 1506.

Direct Observation & Customer Complaints

7 COR will ensure Contractor has conducted necessary training.

Direct Observation & Customer Complaints

6.3 Surveillance: Periodic and 100% inspections by the CO, will serve as the surveillance methods. If the COR discovers deficiencies and/or receives complaints, the COR will pass them on to the contractor's Quality Control Inspector (QCI) for correction.

6.4 Unacceptable Performance. When performance is determined unacceptable, as defined in the Performance Requirements Summary, the Government Quality Assurance Evaluator (GQAE) will inform the Contractor’s onsite representative that performance is unacceptable and provide written documentation.

Disputes in surveillance should be referred to the Contracting Officer.

6.5 The GQAE will notify the COR and the Contracting Officer of less than acceptable performance. If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount.

When the defect(s) in services cannot be corrected by re-performance, the Government may:

a. Require the Contractor to take necessary action to ensure future performance conforms to contract requirements.

b. Reduce the contract price to reflect the reduced value of the services performed.

c. If the Contractor fails to promptly re-perform the services, or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may:

(a) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service;

(b) Issue Cure Notice;

(c) Terminate the contract for Government convenience; and / or

(d) Terminate the contract for Cause.

6.6 Correction of Non-Performance of Work. Contractor shall employ an adequate quantity of personnel to insure that garments are delivered in timely manner, marked correctly with the proper sizes and quantities and garments meet fire retardant requirement.

6.7 Damages Caused by the Contractor. Contractor shall be held accountable and liable to the Government for any damages to garments through improper laundering or care.

6.8 Interference with Government Operations. Contractor and their employees shall perform all work in such a way as to not interfere with regularly scheduled Government operational activities.

7. SECURITY

7.1 AT Level I Training. This provision/contract text is for contractor employees with an area of performance within an Army controlled installation, facility or area. Proposed language: "All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, 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. Upon request, 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:

http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum."

7.2 Access and General Protection/Security Policy and Procedures. This standard language text is for contractor employees with an area of performance within an Army controlled installation, facility or area.

Proposed language: "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/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor http://jko.jten.mil/courses/atl1/launch.html workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) 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 installation or facility change, the Government may require changes in contractor security matters or processes."

7.3 For contractors who do not require CAC, but require access to a DoD facility or installation. Proposed language: Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

7.4 Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say

Something). This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. Proposed language: "The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally 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 project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training."

7.5 For Contracts that Require OPSEC Training. Per AR 530-1, (Operations Security) contractor employees must complete Level I OPSEC Training within 30 calendar days of contract award.

Proposed language: "All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. OPSEC awareness training is available at the following websites: https://www.iad.gov/ioss/ or http://www.cdse.edu/catalog/operations-security.html; or it can be provided by the RA OPSEC Officer in presentation form which will be documented via memorandum."

7.6 Pre-screen candidates using E-Verify Program. The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system.

An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file

8. General

8.1 Identification of Contractor’s Employees

http://www.iad.gov/ioss/ http://www.cdse.edu/catalog/operations-security.html%3B http://www.cdse.edu/catalog/operations-security.html%3B http://www.uscis.gov/e-verify

The contractor shall be responsible to ensure that all contractor employees follow guidelines set forth by OSHA, the U.S. Army, Corps of Engineers Safety and Health Requirements Manual and security procedures at each facility by wearing appropriate footwear, and hard hats/safety goggles when requested by their escort.

For recognition and security purposes, all vehicles will be clearly marked and employees must be in uniform and clearly recognizable as contractor employees. Contractor employees will be asked to sign in and sign out at each delivery/pick up visit.

There is a NO Smoking policy in all Government buildings.

9.0 Walsh-Healey Public Contracts Act or the McNamara-O'Hara Service Contract Act (SCA). Every employer performing work covered by the Walsh-Healey Public Contracts Act or the McNamara-O'Hara Service Contract Act (SCA) is required to post a notice of the compensation required (including, for service contracts, any applicable wage determination) in a prominent and accessible location at the worksite where it may be seen by all employees performing on the contract.

A copy of the poster is available in two versions at the following DOL website:

http://www.dol.gov/whd/regs/compliance/posters/sca.htm . The rest of the content is subjective to each locations needs. There are the additional requirements that are to be observed by the contractor.

10. Contract Administration Data

10.1 CONTRACT ADMINISTRATOR

Contract will be administered by:

Department of the Army, Portland District Corps of Engineers Attn: CENWP-CT-S, Robbie Newland P. O. Box 2946 Portland, Oregon 97208-2946

Name: Robbie Newland Telephone: 503-808-4634 E-mail: Robbie.Newland@usace.army.mil

The Contracting Officer’s Representative will be:

TBD at time of award.

10.2 INVOICE SUBMITTAL:

Submit Original Invoice to:

U.S. Army, COE, Finance Center Attn: CEFC-AO-P 5722 Integrity Drive Millington, TN 38054-5005

One Invoice Copy to Michele Hammel: Michele.D.Hammel@usace.army.mil

10.3 UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT OR OTHER PERSONNEL

Only a warranted Contracting officer (either a Procuring Contracting Officer (PCO) or an Administrative Contracting Officer (ACO)), acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and shall immediately notify the Contracting Officer.

http://www.dol.gov/whd/regs/compliance/posters/sca.htm mailto:Robbie.Newland@usace.army.mil mailto:Michele.D.Hammel@usace.army.mil

10.4 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1990 DEV)

a. The Contractor shall, at its own expense, provide and maintain during the entire performance period of this contract, at least the kinds and minimum amounts of insurance required by this Clause as follows:

TYPE AMOUNT

1) Workman's Compensation and Employer's Liability (including Federal Longshoremen . and Harbor Worker's Insurance)

As legally required by the State wherein the work is being performed.

2) Comprehensive General Liability Insurance Personal Injury Liability:

$1 million per person $1 million per occurrence

Property Damage (may be included in general aggregate limits or combined single unit coverage):

$1 million per occurrence

3) Automobile Liability Personal Injury Liability:

$1 million per person $1 million per occurrence

Property Damage (may be included in general aggregate limits or combined single unit coverage):

$1 million per occurrence

4) If single general aggregate limits or combined single unit coverage is obtained for General Liability and/or Automobile Liability coverage, minimum amounts shall be the sum of the personal injury and property damage coverage required above. Umbrella Form Excess Liability insurance coverage shall be added to general liability and automobile liability coverage to determine if minimum insurance limits are met.

5) If work is to be performed in railroad right-of-way, see paragraph titled ADDITIONAL REQUIREMENTS FOR RAILROAD PROTECTION in Section 01010 of SECTION C. (THIS APPLIES TO CONSTRUCTION

CONTRACTS ONLY)

b. Before commencing work under this contract, the Contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribe, or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

c. The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

d. "Government Installation" for this clause includes government vessels.