A.01.28_PWS_John_Day_Avian_Array_Improvements_Phase_I_Draft_02.pdf

PERFORMANCE WORK STATEMENT FOR

JOHN DAY AVIAN ARRAY PHASE I ROPE REPLACEMENT

JOHN DAY LOCK AND DAM, RUFUS, OR

1.0 General Statement

Avian lines were built in 2010 at John Day Lock and Dam in Rufus, OR. They are part of an array which improves survivability of juvenile salmon passing the dam by reducing avian predation. Over time some of the lines have failed are require replacement. The Contractor shall provide all personnel, equipment, tools, materials, vehicles, supervision, and other items and services necessary to replace selected avian lines and install cable slings on the array at John Day Lock and Dam in Rufus, OR.

This firm fixed priced service contract has a Period of Performance from the Date of Award (anticipated to be mid-January 2017) through 01 April 2017. The in-water work period begins November 2016 and ends 28 February 2017 and allows the Contractor to enter the water to perform the work which ends. Work required after the end of the in-water work period shall be completed out of the water. There are no option years or optional items associated with this contract.

2.0 Definitions: Throughout this contract terms are defined as follows:

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

Contracting Officers 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).

3.0 Government Shall Furnish

The Government shall furnish without cost to the Contractor unspliced 3/16” Vectran Rope in sufficient quantities to replace the avian lines identified in this contract; no other equipment or materials will be furnished by the Government. Contractor’s employees shall NOT operate Government-owned transportation vehicles or other project equipment without prior and specific written authorization by the Contracting Officer’s Representative.

4.0 Contractor Shall Furnish

The Contractor shall furnish all labor and equipment necessary to perform the work required under these specifications. This includes all labor, equipment, and tooling required to splice, install, and tension the lines and miscellaneous materials (shackles, thimbles, cable slings, small lengths of wire rope) that may be required at the anchor points.

All equipment and activities shall meet the requirements of the Corps of Engineers Safety Manual EM 385- 1-1-1.

5.0 Performance Standards and Guideline Requirements

DRAFT

The Contractor shall perform all required services as described in the Performance Work Statement (PWS).

The Contractor shall submit an Avian Array Repairs (AAR) Work Plan within 10 days of contract award for approval. No site work will be performed until the AAR Work Plan is approved. The Contractor will provide materials, labor, and equipment to perform the tasks:

5.1 Contractor shall replace avian lines #10, #11, #12, #39, #45, #54, #56, #59, #60, #61, #63, #68, #70, #73, #77.

Lines will have end attachments between towers S2 and S3 and S4 on the South Shore and Navigation Lock, Spillway, and Peninsula on the North Shore. Lines shall be replaced using Government supplied material, 3/16” Vectran Rope, in stock at John Day Dam. The Contractor shall provide miscellaneous labor and materials required to complete splices and anchorages at the south end in fashion as the currently installed adjacent lines. Contractor shall coordinate with avian line manufacturer for proper field splice training and certification. Minimum line elevation shall be set not less than 185' mean sea level (MSL) after being tensioned and re-tensioned, with a waiting period suggested by the rope manufacturer. The lines shall be installed with final adjustments made between contract award and 01 May 2017.

5.2 Contractor shall submit a Boat Restriction Zone (BRZ) Permit Request, 15 days in advance of planned work. Boat work within the BRZ must fully comply with JD Work Over-Water Policy Requirements (See ____). After award and prior to work commencement, contractor shall coordinate meeting with John Day Operation Staff to discuss installation plan and possible/necessary safety PH and Spillway outages. From commencement of work to 28 February 2017, Contractor may use an unrestricted boat work inside of the JD BRZ. After 28 February, Contractor may work in water in the BRZ, if dam operations allow for safe boating conditions. All work outside of JD BRZ is allowed without coordination. After April 1st, Contractor must perform all work out of water until 01 May 2017.

5.3 See ____ for the drawings of the avian array system and details for avian line replacement.

Points of Contact

TBD

6.0 Performance Requirements

6.1 It is intended 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 at such times and/or places as may be necessary to determine the services conform to contract requirements.

6.1.1 If the Contractor fails to perform at any time and the work is deemed critical by the COR, Government forces may be assigned to perform the work. If this occurs, the Contractor shall be required to reimburse the Government for the full costs of the work performed including labor, materials, transportation, and supervision.

6.1.2 Performance Requirements Summary 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

Allowed

Number of

Discrepancies

Surveillance Validated

Complaints

Avian lines #10, #11,#12, #39, #45, #54, #56, #59, #60, #61, #63, #68, #70, #73, #77 are replaced.

Lines are in place, with wire slings installed and final adjustments completed by Close of Business 01 May 2017.

NONE 100% visual inspection to verify completion.

NONE

6.2 Surveillance. Random inspections by the COR and designated QA personnel and verification of completion of each task required by the PWS will serve as the surveillance method. 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.

6.2.1 Quality Control. The Contractor, not the government is responsible for quality control actions necessary to meet the quality standards set forth by the contract. The Contractor shall develop and submit his Quality Control Plan (QCP) for Government approval after award in compliance with the PWS.

Once accepted, the QCP becomes a part of the Quality Control Surveillance Plan (QASP). The QASP is made part of the solicitation but not a part of the resultant contract. The QASP is not a contractual instrument and may be changed at the Contracting Officer’s discretion. The Contractor then uses the QASP to guide and document the implementation of the required management and quality control actions to achieve the specified results. The Government reserves the right under the Contract Terms and Conditions-- Commercial Items (FAR 52.212-4) to inspect and test the services called for by the contract, to the extent practicable at all times and places during the term of the contract. Non-conforming services shall be rejected. -

6.2.2 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 on-site representative that performance is unacceptable and provide written documentation by use of the form DD 2772, Contract Discrepancy Report, reference appendix ____. By initialing and dating the form, the Contractor is only acknowledging notification of unacceptable performance. Disputes in surveillance should be referred to the contracting officer.

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.

Daily cleaning/sanitation are not considered re-performable work, and shall result in a deduction for non-performance of work. 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 or

(b) Issue Cure Notice

(c) Terminate the contract for Government Convenience.

(d) Terminate the contract for Cause.

6.2.4 Correction of Non-Performance of Work. The Contractor shall ensure that any lines found to be out of compliance, and therefore not acceptable, be made acceptable by the performance or re-performance of the work prior to 01 April 2017 and verified by the COR.

6.2.5 Standard Recurring defects are not permitted for any of the above service items. For example, if the COR discovers that lines are not adjusted to set the specified height, the Contractor is required to adjust the lines.

No defect is recorded against the Contractor's performance. However, if the lines are not installed at the right height then a defect will be recorded and reported to the Contracting Officer for appropriate action in accordance with FAR 52.212.4, Contract Terms and Conditions-Commercial Items (May 1997).

6.3 Work Scheduling

Work scheduled shall be coordinated with the COR prior to commencing work onsite through a pre-work coordination meeting held onsite at John Day Lock and Dam

6.4 Verification of Work. The Contractor shall provide a schedule of their activities at the beginning of work and will notify the COR prior to completion of work in order to secure any payment. Any schedule modifications shall be provide to the COR to allow verification of work in progress and completion.

6.5 Damages Caused by the Contractor. The Contractor shall be held accountable and liable to the Government for any damages to government facilities, fixtures, furnishings, equipment, or grounds caused by the Contractors or their employees.

6.6 Interference with Government Operations. The Contractor and the Contractor’s employees shall perform all work in such a way as to not interfere with regularly scheduled Government operational activities.

6.7 Other Contracts at the Contract Site. The Government may undertake or award other contracts for additional work and the Contractor shall fully cooperate with such other Contractors and Government employees and carefully fit its own work to such additional work as may be directed by the Contracting Officer. The Contractor shall not commit or permit any act which shall interfere with the performance of work by any other Contractor or by Government employees.

7.0 Safety and Environmental Regulations

7.1 The Contractor shall follow all safety regulations as set by OSHA, Corps of Engineers Safety Manual EM 385-1 and project safe clearance procedures. Where conflicts in safety regulations occur, the COR shall designate the applicable regulation to be followed. In accordance with EM 385-1, the Contractor shall prepare a Job Safety Activity Hazard Analysis for approval by the COR prior to commencement of work.

The online link to the 2008 Corps of Engineers Safety Manual EM 385-1 is as follows: ______________.

7.2 An additional site shown below contains many tools in helping fill out the safety and health program forms.

http://www.usace.army.mil/CESO/Pages/Home.aspx. This site will contain a link to any interim changes to the 2008 safety manual as well as any global interpretations and/or questions that have been asked about the EM. Forms for required Activity Hazard Analyses and Position Hazard Analyses are available via this site as well.

7.3 The Contractor shall determine those areas and activities in which possible safety hazards exist during the on-site work and note such information on the Activity Hazard Analysis (example in EM-385-1). When completed, the Contractor shall identify hazards in each phase of services performed, what preventative measure the Contractor proposes to take to prevent such accidents and then return to the COR to retain on file.

7.4 Accidents

The Contractor or the Contractor’s employees shall report any circumstances of needed repair of the facility or grounds which may affect the performance of the work and unhealthful or hazardous conditions or any delays or interference with the work caused by the employees or the Government.

In the event that an accident or injury occurs to Contractor personnel, the Contractor shall first notify the John Day Control Room, and then the COR.

The Contractor shall make a written report of each separate case of an injury or accident. The report shall include, but not be limited to; location, nature of the injury or accident, authorities notified, and the action taken along with any other pertinent information. The report shall be accompanied by sketches, graphs/drawings, and photographs as needed and forwarded to the COR within 24 hours.

8. Security Requirements

The Contractor, before initiating the performance of work, shall provide the COR with a list of all employees who shall perform work under this contract. The list shall include the full name, aliases, social security number, and work assignment of each employee. The Contractor shall notify the COR in writing of any addition, deletion or change in work assignment within one day of such change. Upon completion or reassignment individuals are required to return access cards/keys to the designated COR.

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."

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. Per Homeland Security Presidential Directive-12 (HSPD-12), Common Access Cards (CAC) are required for Contractors working six months or more; background investigations are required prior to CAC credential issuance. Uncleared Contractors working less than six months must submit to a background check, via the appropriate Provost Marshal Office, Director of Emergency Services or Security Office, and must abide by applicable identification and access control requirements. 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 or background investigation and to meet installation/facility 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. 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."

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."

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."

Pre-screen candidates using E-Verify Program. Proposed language: "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.

9. Facility Access

The Government shall provide the Contractor access to areas necessary for this PWS. The Contractor shall be subject to all Government rules and regulations while working at the Government installation. Access by the Contractor and Contractor’s employees shall only be permitted during designated work hours.

Contractor employees shall not be permitted to bring guests, family members, pets, or non-employees to the job site at any time.

10. Identification of Contractor’s Employees

The Contractor, before initiating the performance of work, shall provide the COR with a list of all employees who shall perform work under this contract. The list shall include the full name, aliases, social security number, and work assignment of each employee. The Contractor shall notify the COR in writing of any addition, deletion or change in work assignment within one business day of such change.

All vehicles used by Contractor personnel on project shall bear suitable company identification to enable project personnel to identify such as authorized for access. Vehicles shall be in good working condition, not dripping oil, etc. Safety features on vehicles shall be working.

The Government may require the Contractor to discontinue using any employee in the performance of the work specified in this contract determined by the Government to be unsatisfactory.

11. Subcontracting

The Contractor shall notify both the KO and the COR in writing, of any work to be subcontracted.

Compliance with the provisions of this contract by subcontractors shall be the responsibility of the Contractor.

There is a NO SMOKING policy in all Government buildings.

12. 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

13. Language concerning hiring veterans.

TBD

14. Attachments

TBDp