A02_PWS--Asbestos_Abatement_Bldg_3_and_Paint_Bldg.pdf

PERFORMANCE WORK STATEMENT (PWS)

ASBESTOS ABATEMENT AT ENSLEY ENGINEER YARD BUILDING 3 and the PAINT BUILDING

1. GENERAL: This is a non-personnel services contract to provide asbestos abatement in Building 3 and Paint Building at Ensley Engineer Yard. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

It is highly recommended that contractors attend the scheduled site visit prior to submitting a quote. Site visit is scheduled for Thursday 2 August 2018 at 1:00pm CST, USACE Ensley Engineer Yard, 2915, Riverport Road, Memphis, TN 38109. Interested parties may e-mail their name and company information to Kirk Middleton II at kirk.a.middleton@usace.army.mil , no later than 4:00 P.M. CST on Wednesday 1 August 2018. All contractors and government personnel will meet at the EEY Administration Building 1. The contractor is required to review the project site, and obtain and/or verify all measurements and project data/information required to perform this project work. In addition, the contractor is required to review all contract documents, and provide written notice to Contracting Officer of any discrepancies that are found.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform asbestos abatement as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2 Background: Asbestos in above acceptable concentrations has been discovered in Building 3 and the Paint Building at Ensley Engineer Yard, USACE Memphis District, 2915 Riverport Road, Memphis, TN 38109. Asbestos in non-friable form has been found in the glazing and caulking on the windows and door frames of each building.

The asbestos needs to be abated as there are personnel that work in these offices and areas in question.

1.3 Objectives: The Contractor shall perform services as defined in this Scope of Work.

1.4 Scope: SEE SCOPE OF WORK IN PART 5

1.5 Period of Performance: Services are to begin no later than September 1, 2018 and be completed no later than

September 30, 2018, unless specified otherwise. This includes the 10 working day advance notice that must be given to Shelby County Department of Air Pollution prior to commencement of an abatement project.

1.6 General Information

1.6.1 Quality Control: N/A

1.6.2 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s):

1.6.3 Recognized Holidays: The service is required to be available during all holidays.

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

1.6.4 Hours of Operation: Work schedule will be coordinated/developed by Contracting Officer’s Representative (COR) and contractor

1.6.5 Place of Performance: Ensley Engineer Yard, USACE, 2915 Riverport Road, Memphis, TN 38109

1.6.6 Type of Contract: The government will award a Firm Fixed Price (FFP) purchase order.

1.6.7.1 Physical Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use, if needed.

1.6.7.2 Key Control N/A

1.6.7.2.1. N/A

1.6.7.2.2. N/A

1.6.7.3 N/A

1.6.8 Special Qualifications: None.

1.6.9 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 Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer 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. These meetings shall be at no additional cost to the government.

1.6.10 Contracting Officer Representative (COR): The (COR) will be Andrea Williams. 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, specifications: monitor Contractor's performance and notifies both the Contracting Officer 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 order.

1.6.11 Key Personnel: The following personnel are considered key personnel by the government: Mark Hassell, Safety Officer; Andrea Williams, COR and Chief, Plant Section. 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 as needed Monday through Friday except Federal holidays or when the government facility is closed for administrative reasons.

1.6.12 Identification of Contractor Employees: All contract personnel attending meetings, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.6.13 Contractor Travel: Contractor shall be responsible for all travel cost associated with this contract. Cost shall be incorporated into contractor’s price.

1.6.14 Other Direct Costs: None

1.6.15 Data Rights: The Government has unlimited rights to all documents/material produced under this contract.

All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.6.16 Organizational Conflict of Interest: 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 Contracting Officer 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 Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer 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.

1.6.17 PHASE IN /PHASE OUT PERIOD: N/A

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor having a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5. DELIVERABLE. Anything that can be physically delivered but may include non-physical things such as meeting minutes.

2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

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

2.1.12. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.12. WORK WEEK. Is defined as Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CCE Contracting Center of Excellence

CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial Off the Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: N/A

3.2 Facilities: N/A

3.3 Utilities: The government will furnish the necessary utilities throughout the project.

3.4 Equipment: N/A

3.5 Materials: N/A

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES

4.1 General: (SEE SCOPE OF WORK IN PART 5)

4.2 Secret Facility Clearance: N/A

4.3. Materials: (SEE SCOPE OF WORK IN PART 5)

4.4. Equipment: (SEE SCOPE OF WORK IN PART 5)

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services. The contractor shall provide asbestos abatement at Ensley Engineer Yard Building 3 and Paint Building at 2915 Riverport Road, Memphis, TN 38109.

5.2. Task Heading. Asbestos Abatement at Ensley Engineer Yard Building 3 and Paint Building

5.2.1. Scope of Work.

SCOPE OF WORK

OBJECTIVE: The Contractor shall provide all personnel, services, and equipment, unless otherwise noted, required to abate asbestos in Building 3 and Paint Building at Ensley Engineer Yard to include:

Complete and submit notice and fees to Shelby County Health Department Air Pollution Control Division Mobilize Material , equipment and accredited personnel to project site

Establish work areas in compliance with Local and State Regulations o The work area may include warning signs barricade tape and drop cloth.

Wet materials to be removed with amended water to minimize fiber dispersal.

Clean and bag resulting debris in pre-printed ACM containers for transport and disposal Stack seal intact window units.

Conduct air monitoring during and after removal operations.

Remove containment after final clearance inspection by third party lab service.

Remove designated material and place waste into proper containers.

Final clean work areas Prepare documentation required for transport and disposal of waste Arrange for transportation of waste from project site to properly permitted disposal facility Provide USACE and/or others as necessary with documentation attesting to proper removal, transportation and disposal of waste.

Preliminary samplings show non-friable asbestos in the window glazing of each building. Windows will need to be removed completely and disposed of. Sample and air monitoring results are included with these contract specifications.

SAFETY REQUIREMENTS:

Contractors are required to adhere to Corps of Engineers safety policies. Safety information can be obtained from Robert Shover, Safety Officer, at 901-544-3150.

ACCIDENT PREVENTION PROGRAM: Prior to work commencement, the contractor’s site-specific accident prevention plan is to be reviewed and found acceptable by the designated Government personnel. The US Army Corps of Engineers, Safety and Health Requirements Manual, EM 385-1-1, 15 November 2014, Appendix A provides a Minimum Basic Outline for Accident Prevention Plan for accident prevention plans. Prior to the project beginning, a safety conference with the corps’ representative and safety officer will be held with the contractor’s employees. At a minimum, fall, respirator, eye protection, confined space requirements per 29 CFR 1910.120 and 1910.146, and the contractor’s site-specific accident prevention plan will be discussed in a pre-start up conference.

ACCIDENT INVESTIGATIONS AND REPORTING: Report all accidents immediately to the Contracting Officer or Contracting Officer’s Representative (COR). Additionally, the contractor shall thoroughly investigate the accident and submit the findings of the investigation along with appropriate corrective actions to the Contracting Officer, on ENG Form 3394, as soon as possible but no later than two [2] working days following the accident. Implement corrective actions as soon as reasonably possible.

Supervisor’s Responsibilities: For job related injuries which require medical treatment, a supervisor of the injured employee shall accompany the injured employee to the medical treatment facility and explain the employee’s regular duties and the availability of “Light Duty” so the injured employee can return to work as soon as medically possible.

MACHINERY AND MECHANIZED EQUIPMENT: All equipment shall be inspected prior to use on this contract.

All equipment shall be re-inspected prior to use any time it is removed and subsequently returned to the contract site for use. Documentation of equipment inspections shall be made available to the Contracting Officer upon request. All equipment shall be properly guarded.

FIRST AID/CPR REQUIREMENTS: Two employees shall be certified in CPR and first-aid pre shift/per site. Proof of certification shall be provided to the COR.

COMPLIANCE DOCUMENTS: The Contractor shall be aware of the following list of Compliance Documents, necessary for successful completion of this requirement.

EM-385-1-1 -- Army Corp of Engineers, Safety and Health Requirements Manual, Nov 2014

CONTRACTING OFFICER’S REPRESENTATIVE:

The Contracting Officer’s Representative, or COR, is appointed by the Contracting Officer as the representative overseeing contractor operations. No instructions of the Contracting Officer's Representative or lack thereof will at any time relieve the Contractor from the responsibility of complying fully with all requirements the contract. The Contracting Officer's Representative is not authorized to waive or alter in any respect any of the terms or requirements of the contract, or to make additional requirements.

CONTRACTING OFFICER:

The Contracting Officer is the only Government representative with the authority to bind the Government and make changes to the contract. Any changes to the contract involving an increase or decrease in funds or performance period will be issued by formal contract modification.

CONTRACTOR SUBMITTALS

The following list of submittals will be provided to the Contracting Officer’s Representative as required.

Accident Prevention Plan CPR Certifications MSDS Submissions Accident Investigation Forms, as required Documentation attesting to proper removal, transport and disposal of waste

FINAL INSPECTION

Completed work will be jointly inspected by the Contractor and the Contracting Officer’s Representative. Any defects or damage shall be repaired by the Contractor as necessary before acceptance by the government.

WARRANTY OF WORK

The Contractor shall warranty the services, commencing at final inspection. The Contractor shall make repairs during this time period at his cost.

5.3. CONTRACTOR MANAGEMENT REPORTING (CMR) : The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the Contractor shall report ALL Contractor manpower (including subcontractor manpower) required for performance of this contract.

The Contractor shall completely fill in all the information in the format using the following web address https://Contractormanpower.army.pentagon.mil. The required information includes: (1) Contracting Office, Contracting Officer, Contracting Officer’s Technical Representative (COTR) or also known as the Contracting Officer’s Representative (COR); (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor's name, address, phone number, e-mail address, identity of Contractor employee entering data; (5) Estimated direct labor hours (including sub-Contractors); (6) Estimated direct labor dollars paid this reporting period (including sub-Contractors); (7) Total payments (including sub- Contractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by Contractor (and separate predominant FSC for each sub-Contractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the Contractor with its UIC for the purposes of reporting this information); (11) Locations where Contractor and sub-Contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language; and (13) Number of Contractor and sub-Contractor employees deployed in theater this reporting period (by country). As part of its submission, the Contractor shall provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period shall be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a Contractor’s system to the secure website without the need for separate data entries for each required data element at the website. The specific formats for the XML direct transfer may be downloaded from the website.

SECURITY REQUIREMENTS

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.

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.

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 no later than 5 calendar days after the completion of the training.

All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

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.

No later than 10 days prior to commencement of work under this contract, the Contractor shall submit to the Security and Law Enforcement Office, ATTN: Chief of Security, a list of all personnel, vehicles and equipment that may be used during work under this contract. Contractor personnel using privately owned vehicles will be required to show vehicle registration, valid driver licenses, and proof of automobile liability insurance. Chief of Security and Law Enforcement office is located in Room 117 of the Clifford Davis Federal Building, Memphis, Tennessee 38103-1894, Telephone (901) 544-4007. COLLECT CALLS WILL NOT BE ACCEPTED.

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

6.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures.

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. Attachment/Technical Exhibit List:

7.1. Attachment 1/Technical Exhibit 1 – Performance Requirements Summary

TECHNICAL EXHIBIT 1

Performance Requirements Summary The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective

Standard PERFORMANCE

THRESHOLD

Method of Surveillance

Abatement of window glazing and door caulking in building 3

Contractor provided all services as described in scope of work within timeframe stated therein

Full Government Acceptance

Government Representative Surveillance

Abatement of window glazing and door caulking in paint building

Contractor provided all services as

Government Representative Surveillance

Removal of all debris and waste associated with abatement

Contractor provided all services as

Government Representative Surveillance

Documentation attesting to proper removal, transport and disposal of waste

Contractor provided all services as

Government Representative Surveillance