W912GY23Q0018 0001 Solictation Amendment.pdf

SEE SCHEDULE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to change the scope of the Period of Perfomance from 1 Base Year and 4 Options at 12 months each to One Base of 18 months and remove the Purchase Options. See Summary of Changes.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 18

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 19-Mar-2024

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912GY23Q0018

X 9B. DATED (SEE ITEM 11)

21-Dec-2023

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

19-Mar-2024

CODE

SIERRA ARMY DEPOT

CONTRACTING OFFICE

74 C STREET BUILDING 60

HERLONG CA 96113

W912GY 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912GY23Q0018

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 22-Jan-2024 09:00 AM to 26-Mar-2024 09:00 AM.

SUPPLIES OR SERVICES AND PRICES

CLIN 0001

The CLIN description has changed from Lease Ballast Regulator Base Year to Lease of Ballast Regulator.

The CLIN extended description has changed from:

Lease of Ballast Regulator for 12 months IAW the Statement of Work para 2.1.

To:

Lease of Ballast Regulator for 18 months IAW the Statement of Work para 2.1.

The pricing detail quantity has increased by 6.00 from 12.00 to 18.00.

CLIN 0002

The CLIN description has changed from Lease Ballast Tamper Base Year to Lease of Production Switch Tamper.

Lease of Ballast Tamper for 12 months IAW the Statement of Work para 2.1.

Lease of Production Switch Tamper for 18 months IAW the Statement of Work para 2.1.

The pricing detail quantity has increased by 6.00 from 12.00 to 18.00.

CLIN 1001

The CLIN description has changed from Lease Ballast Regulator Option Year 1 to REMOVED CLIN.

REMOVED CLIN

The pricing detail quantity has decreased by 12.00 from 12.00 to 0.00.

CLIN 1002

The CLIN description has changed from Lease Ballast Tamper Option Year 1 to REMOVED CLIN.

CLIN 2001

The CLIN description has changed from Lease Ballast Regulator Option Year 2 to REMOVED CLIN.

CLIN 2002

The CLIN description has changed from Lease Ballast Tamper Option Year 2 to REMOVED CLIN.

CLIN 3001

The CLIN description has changed from Lease Ballast Regulator Option Year 3 to REMOVED CLIN.

CLIN 3002

The CLIN description has changed from Lease Ballast Tamper Option Year 3 to REMOVED CLIN.

CLIN 4001

The CLIN description has changed from Lease Ballast Regulator Option Year 4 to REMOVED CLIN.

CLIN 4002

The CLIN description has changed from Lease Ballast Tamper Option Year 4 to REMOVED CLIN.

CLIN 5001

The CLIN description has changed from Purchase of Ballast Regulator to REMOVED CLIN.

The CLIN extended description has changed from:

Leased Ballast Regulator may be purchased IAW the Statement of Work para 2.3 and FAR 52.207-5. Contractor shall provide current market price for the Ballast Regulator at time of offer. All equipment purchase under lease purchase option conversion must have been new and unused, or re-manufactured when initially provided.

The pricing detail quantity has decreased by 1.00 from 1.00 to 0.00.

CLIN 5002

The CLIN description has changed from Purchase of Ballast Tamper to REMOVED CLIN.

The CLIN extended description has changed from:

Leased Ballast Tamper may be purchased IAW the Statement of Work para 2.3 and FAR 52.207-5. Contractor shall provide current market price for the Ballast Tamper at time of offer. All equipment purchase under lease purchase option conversion must have been new and unused, or re-manufactured when initially provided.

The pricing detail quantity has decreased by 1.00 from 1.00 to 0.00.

DELIVERIES AND PERFORMANCE

The following Delivery Schedule item for CLIN 0001 has been changed from:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

01-APR-2024 12 SIERRA ARMY DEPOT

74 CURRANT STREET

BUILDING 55, LOAD TEST

HERLONG CA 96113

(530) 827-5311 FOB: Destination

W62G2W

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

01-APR-2024 18 SIERRA ARMY DEPOT

74 CURRANT STREET

BUILDING 55, LOAD TEST

HERLONG CA 96113

(530) 827-5311

The following Delivery Schedule item for CLIN 0002 has been changed from:

CAGE

01-MAY-2024 12 SIERRA ARMY DEPOT

74 CURRANT STREET

BUILDING 55, LOAD TEST

HERLONG CA 96113

(530) 827-5311

CAGE

01-MAY-2024 18 SIERRA ARMY DEPOT

74 CURRANT STREET

BUILDING 55, LOAD TEST

HERLONG CA 96113

(530) 827-5311

The following Delivery Schedule item for CLIN 1001 has been changed from:

CAGE

30 dys. AOE 12 SIERRA ARMY DEPOT

74 CURRANT STREET

BUILDING 55, LOAD TEST

HERLONG CA 96113

(530) 827-5311

30 dys. AOE 0 SIERRA ARMY DEPOT

BUILDING 55, LOAD TEST

HERLONG CA 96113

(530) 827-5311

The following Delivery Schedule item for CLIN 1002 has been changed from:

CAGE

30 dys. AOE 12 SIERRA ARMY DEPOT

74 CURRANT STREET

BUILDING 55, LOAD TEST

HERLONG CA 96113

(530) 827-5311

CAGE

30 dys. AOE 0 SIERRA ARMY DEPOT

74 CURRANT STREET

BUILDING 55, LOAD TEST

HERLONG CA 96113

(530) 827-5311

The following Delivery Schedule item for CLIN 2001 has been changed from:

CAGE

30 dys. AOE 12 SIERRA ARMY DEPOT

74 CURRANT STREET

BUILDING 55, LOAD TEST

HERLONG CA 96113

(530) 827-5311

BUILDING 55, LOAD TEST

HERLONG CA 96113

(530) 827-5311

The following Delivery Schedule item for CLIN 2002 has been changed from:

CAGE

30 dys. AOE 12 SIERRA ARMY DEPOT

74 CURRANT STREET

BUILDING 55, LOAD TEST

HERLONG CA 96113

(530) 827-5311

CAGE

30 dys. AOE 0 SIERRA ARMY DEPOT

74 CURRANT STREET

BUILDING 55, LOAD TEST

HERLONG CA 96113

(530) 827-5311

The following Delivery Schedule item for CLIN 3001 has been changed from:

CAGE

30 dys. AOE 12 SIERRA ARMY DEPOT

74 CURRANT STREET

BUILDING 55, LOAD TEST

HERLONG CA 96113

(530) 827-5311

BUILDING 55, LOAD TEST

HERLONG CA 96113

(530) 827-5311

The following Delivery Schedule item for CLIN 3002 has been changed from:

CAGE

30 dys. AOE 12 SIERRA ARMY DEPOT

74 CURRANT STREET

BUILDING 55, LOAD TEST

HERLONG CA 96113

(530) 827-5311

CAGE

30 dys. AOE 0 SIERRA ARMY DEPOT

74 CURRANT STREET

BUILDING 55, LOAD TEST

HERLONG CA 96113

(530) 827-5311

The following Delivery Schedule item for CLIN 4001 has been changed from:

CAGE

30 dys. AOE 12 SIERRA ARMY DEPOT

74 CURRANT STREET

BUILDING 55, LOAD TEST

HERLONG CA 96113

(530) 827-5311

BUILDING 55, LOAD TEST

HERLONG CA 96113

(530) 827-5311

The following Delivery Schedule item for CLIN 4002 has been changed from:

CAGE

30 dys. AOE 12 SIERRA ARMY DEPOT

74 CURRANT STREET

BUILDING 55, LOAD TEST

HERLONG CA 96113

(530) 827-5311

CAGE

30 dys. AOE 0 SIERRA ARMY DEPOT

74 CURRANT STREET

BUILDING 55, LOAD TEST

HERLONG CA 96113

(530) 827-5311

The following Delivery Schedule item for CLIN 5001 has been changed from:

CAGE

30 dys. AOE 1 SIERRA ARMY DEPOT

74 CURRANT STREET

BUILDING 55, LOAD TEST

HERLONG CA 96113

(530) 827-5311

BUILDING 55, LOAD TEST

HERLONG CA 96113

(530) 827-5311

The following Delivery Schedule item for CLIN 5002 has been changed from:

CAGE

30 dys. AOE 1 SIERRA ARMY DEPOT

74 CURRANT STREET

BUILDING 55, LOAD TEST

HERLONG CA 96113

(530) 827-5311

CAGE

30 dys. AOE 0 SIERRA ARMY DEPOT

74 CURRANT STREET

BUILDING 55, LOAD TEST

HERLONG CA 96113

(530) 827-5311

The following have been modified:

STATEMENT OF WORK

Statement of Work (SOW) for the

Ballast Regulator & Production Switch Tamper

1.0 General

1.1 Background

Sierra Army Depot has a need for equipment in which can service and maintain over 60 miles of railroad tracks and turnouts to include bedding and railroad tie replacements. The intent of this contract is for the contractor to provide the lease of one (1) Ballast Regulator and one (1) Production Switch Tamper machines capable of performing the tasks needed.

1.2 Objective

Provide one (1) Ballast Regulator and one (1) Production Switch Tamper including preventive maintenance. The equipment shall be available and operational during the entire length of the lease. Performance of equipment shall maintain a 95% threshold of availability and operational readiness.

1.3 Scope of Work

Provide leasing equipment of one (1) Ballast Regulator and one (1) Production Switch Tamper for a period of eighteen (18) months. Over the course of the entire lease the contractor is responsible for all preventive maintenance.

1.4 Period of Performance

The period of performance of this contract is: The period of performance shall be for eighteen (18) months

1.5 Place of Performance

Sierra Army Depot, Herlong, California 96113

1.6 Applicable Documents

1.6.1 - SIAD Regulation 420-7 (Fire Prevention and Protection)

1.6.2 - SIAD Regulation 385-1 (Safety)

1.6.3 All local, state and federal laws

1.6.4 OSHA requirements (29 CFR 1926.601 and 29 CFR 1926.602)

2.0 Specific Requirements/Tasks:

2.1 LEASE: The contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform equipment lease of one (1) Ballast Regulator and one (1) Production Switch Tamper.

Minimum requirements of Leased items:

BALLAST REGULATOR:

New machine – less than 1,000 hours run time.

Power Train: Equivalent 24 volt Cummins QSB6.7, tier 4, 260 hp, with flex plate drive mounting. California CARB emissions compliant as required under California regulatory requirements. Hydrostatic and vane pumps for propelling, broom and controls. Metal shroud covering engine and exhaust. AWD with four speed manual transmission. Truck Style axles and 28" wheels. Ability to tow a ballast cart with all necessary air or hydraulic hoses necessary.

CAB: Manual electric over hydraulic controls. Climate controlled with wall mounted engine driven air conditioner and pressurizer. Sound insulated. Operator’s seat with mechanical suspension and swivel base. Jump seat. Broom 10” wide, housing with belt drive. 6 flight broom reel.

Plow: Fabricated box frame style plow with 1” plow blades. Blade locks and heavy-duty grader blades and skid.

Blade operation is electric over hydraulic controlled from the cab. Plow incorporates a power down feature for re-railing purposes. 1.5 cu/yd. capacity box style frame. Independent hydraulically operated template doors.

Operator training for new equipment

PRODUCTION / SWITCH TAMPER:

New machine – less than 1,000 hours run time.

Engine - Cummins OSCT3 8.3-liter, 209 kW (280 HP), 4-cycle or Equivalent, California CARB emissions compliant as required under California regulatory requirements.

Propulsion - Hydraulic drive, 2-speed transmission on rear axle. Hydraulic drive, index assist front axle. Hydraulic System Gear driven piston pumps. Brakes Hydro-dynamic, plus 4-wheel fail-safe air brakes. Operator’s cab to provide full visibility of tamping area and forward/reverse travel views.

Jupiter II Control System with interactive operator interface or equivalent type control system with similar or equal functionality to provide automated lifting, lining and synchronized tamping on open track, turnouts, checked rail sections, splice joints. Optical, Laser, or GPS measuring system with supporting trolley must be compatible with curves greater than 14 degrees. GPS system must be compatible with GPS HANDHELD/PO GPS, GEO 7 SERIES, TRIMBLE

Tamping Units Eight heavy-duty Positive Displacement vibrators drive. 16 abrasion-resistant tamping tools.

Hydraulically driven vibrators. Independent Pivoting Work heads. Fuel Tank 170 gal minimum.

Operator training for new equipment.

2.2 Preventative Maintenance (PM) on Leased Equipment: Contractor shall cover PM within the cost of the lease per unit and covered by FAR Clauses 52.208. Maintenance includes wear and tear and spare parts. The contractor shall be responsible for all routine maintenance, etc., except for daily checks of liquid levels. The contractor shall be responsible for equipment failure not arising out of abuse or negligence by the Government. All equipment maintenance and/or repair, except for daily checks of liquid levels, shall be conducted by or observed by a factory certified maintenance technician. The Contractor shall coordinate with the COR and provide a date and time with no less than two business days, notice prior to performing a PM service on leased equipment per CDRL A003 Reports of down equipment Contractor shall acknowledge and respond within 24 hours of the contractor being notified of same per CDRL A002. Down equipment calls made on Friday, Saturday, Sunday or Holidays will acknowledge and respond the next business workday. Equipment not restored to FMC or PMC condition in less than 8 working days shall be subject to rejection of monthly payment rate for that piece of equipment or until restored to FMC or PMC condition or unit will be prorated for the time it is inoperable per CDRL A001. Exceptions are as follows: Awaiting repair parts, repairs that are of fault by the Government due to abuse or negligence and other situational occurrences that are outside of the contractor’s control (timely notification shall be made).

2.3 Delays: The government is not liable on any delay caused by the contractor, security inspections at the gate or any security measures imposed by the Installation Commander and/or higher authority.

3.0 Delivery or Deliverables

Deliverable Frequency # of Copies

Medium/Format Submit To Equipment not restored to FMC or PMC condition in less than 8 working days shall be subject to rejection of monthly payment rate for that piece of equipment or until restored to FMC or PMC condition or unit will be prorated for the time it is inoperable.

Para 2.2

CDRL A001

At time of equipment failure

1 Electronic file by e-mail as an MS Word attachment.

COR

Contractor shall acknowledge and respond within 24 hours of the contractor being notified of equipment failure.

Para 2.2

CDRL A002

When Notified of Failure

Deliverable Frequency # of Copies

Medium/Format Submit To The Contractor shall coordinate with the COR and provide a date and time with no less than 2 business days’ notice prior to performing a PM service Para 2.2

CDRL A003

2 Business days prior to service

4.0 Meetings

4.1 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 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.

5.0 Glossary of Abbreviations and Acronyms

5.1. DEFINITIONS:

5.1.1. 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.

5.1.2. 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.

5.1.3. 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.

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

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

5.1.6. 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.

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

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

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

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

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

5.1.12. WORKDAY. The number of hours per day the Contractor provides services in accordance with the contract.

5.1.13. WORK WEEK. Is defined as Monday through Thursday, unless specified otherwise.

5.1.14. FULLY MISSION CAPABLE (FMC). A status condition where fully operational equipment or systems are safe and correctly configured as designed by the manufacturer. Equipment is FMC when it can perform all of its functions without endangering the lives of crews and operators.

5.1.15. NON-MISSION CAPABLE (NMC). A status condition indicating that a system and equipment are not capable of performing any of their functions because of maintenance requirements. Does not count times spent on regularly scheduled maintenance services and inspections.

5.1.15. PARTIALLY MISSION CAPABLE (PMC). A status condition of an equipment indicating that that it can perform at least one but not all of its functions because of existing maintenance requirements that does not endanger the lives of crews or operators.

5.2. 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 NMC Non-Mission Capable PMC Partially Mission Capable FMC Mission Capable

6.0 Compliance with Environmental Laws and Regulations:

6.1 Contractor shall comply with all applicable federal, state, and local environmental laws, statutes, regulations, executive orders, permits, Army regulations (with supplements), as well as Major Subordinate Command (MSC) and Sierra Army Depot (SIAD) regulation, policy, Host Tenant Agreement, Interagency Service Support Agreement, or Status-of-Forces Agreement. Contractor shall immediately report any conflicts between applicable federal, state, local environmental laws, statutes, executive orders, and provisions of Army Regulation 200-1, and any specifications within this contract to the Contracting Officer’s Representative (COR).

6.2 Compliance with Green Procurement Requirements: Contractor shall follow Federal EPA Comprehensive Procurement guidelines (www.epa.gov/cpg) and Army Contracting Command Quick Guide (https://acc.aep.army.mil/accapps/ACCMAP/Documents/Quick-Guide-for-Sustainable-Procurement.docx) for acquisition of building materials and products and select materials that have a long life cycle; the least toxic materials; recyclable materials; materials that are resource-efficient; materials with the maximum recycled content;

materials harvested on a sustained yield basis; and products causing the least pollution during their manufacture, use, and reuse.

6.3 Compliance with License and Certification Requirements: Contractor shall obtain all license and certification required by Federal, State, and Local environmental laws and regulations necessary to adhere to the specifications of this contract. The Contractor shall submit all plans, notifications, reports, submittal documents, and fees required by Federal, State, and Local environmental laws and regulations to the appropriate Federal, State, and Local authority and/or agency as necessary to adhere to the specification of this contract. All required licenses and certifications required by Federal, State, and Local environmental laws and/or regulations shall be considered a contract deliverable upon award.

6.4 Notification of Federal and State Regulators: Contractor shall immediately notify the COR of the arrival on site of any Federal, State, local and/or DoD environmental regulator or enforcement agent and/or the receipt of any correspondence from above mentioned environmental regulatory agencies.

6.5 Inspections of Work Sites: Contractor shall submit to potential Federal, State, Local, Army and installation work site environmental regulatory inspections and/or investigations into noncompliance, and fully cooperate with such inspections/investigations by providing the appropriate records and documentation. Environmental regulatory agencies are authorized by law to inspect any work site for environmental compliance with regulatory requirements.

If an inspection is conducted, it will not stop or disrupt ongoing contract activities. The inspection will only require the work site environmental officer, or supervisor/manager to answer questions and/or escort the inspector to specific work site areas with the potential to affect environmental quality.

6.6 Reporting Noncompliance: Contractor shall immediately report any nonconformance and/or noncompliance with applicable Federal, State or Local environmental laws, Army and installation environmental regulations or policies to the COR.

6.7 Verification of National Environmental Policy Act Documents: Contractor shall obtain and comply with AMC's National Environmental Policy Act Policy and 32 CFR 651 which addresses actions to be taken by contractor (copies available from the COR). These documents include but is not limited to the analysis-associated decision document of an Environmental Impact Statement and Record of Decision; Environmental Assessment and Finding of No Significant Impact or Notice to Proceed; or Record of Environmental Consideration on the proposed contract actions prior to commencement of such actions.

6.8 Conformance with Environmental Management System (EMS): Contractor shall take the necessary actions to identify, monitor, and control those contract operations and activities that pose risk of contamination, or can negatively impact the natural and/or human environment. SIAD currently operates and maintains an International Organization of Standards (ISO) 14001 certified program, “Fence to Fence”. Contractor shall comply with all EMS program requirements.

6.9 Assignment of Environmental Compliance Designee (ECD): N/A

6.10 Competency Training for Contractor Personnel: Contractor shall not allow personnel to perform any activities and/or tasks on AMC installations (SIAD) without proper and adequate qualifications or job competency training. In the event of any identified noncompliance, the Contractor shall, if requested, provide proof of contract personnel training or qualification (individual name, training/qualification type, training/qualification certificate, and date of training/qualification) to perform those contract activities associated with the identified noncompliance.

6.11 Generation of Solid Waste: Contractor shall dispose of all solid waste generated, which cannot be recycled, into the appropriately marked solid waste containers and roll-offs provided. Contractor shall comply with the SIAD Integrated Solid Waste Management Plan.

6.11.1. Contractor shall make every effort to divert construction, demolition debris, and all other solid waste to comply with the Army Integrated Solid Waste Management Policy.

6.11.2. The Contractor shall coordinate with the installation Qualified Recycling Program (QRP) and Solid Waste Managers, and COR to arrange for recyclable materials to be removed and diverted from the waste stream.

6.11.3. Submit in writing the quantities of waste removed and recycled to the COR on a monthly basis. The submittal shall include the date of disposal/recycling, the disposal/recycling facility, the types of material disposed/recycled and the quantities of materials disposed/recycled by weight or volume.

6.11. 4. The Contractor shall promote cost-effective waste reduction in all operations and facilities covered by the contract. This includes collection, separation, and processing products or other materials recovered from solid waste streams for use in the form of raw materials.

6.11. 5. The Contractor shall make maximum effort to reduce and prevent waste.

6.12 Generation of Hazardous Waste: Contractor shall assign all hazardous waste management responsibilities to the designated personnel. Contractor shall contact the COR to obtain technical assistance from the Environmental Office for assisting the ECD with achieving and maintaining compliance with hazardous waste storage and disposal requirements. Contractor shall properly identify all waste and how generated as part of this contract to determine if any waste is hazardous waste as defined by both Federal and State EPA (40 CFR and Title 22 CCR). Contractor shall accumulate and properly manage hazardous waste in a satellite accumulation point at or near the point of generation or in a less-than-90-day site, in accordance with Federal, State, Local, Army and installation regulation, policy, Host Tenant Agreement, Interagency Service Support Agreement or Status-of-Forces Agreement. The Contractor shall properly package all hazardous waste. The contractor shall arrange for pickup or deliver, all hazardous waste generated by contract activities from the installation, to the Hazardous Waste Storage facility, B.

380 as required by SIAD. The Environmental Office shall assist contractors with hazardous waste generators training and on-site management of their waste upon request.

6.13. Use of Hazardous Materials: Contractor shall assign all hazardous materials management responsibilities to the appointed ECD or designated personnel. Contractor shall contact the COR to obtain technical assistance from Environmental Office for assisting the ECD with achieving and maintaining compliance with hazardous material storage, issue, use, and disposal requirements. Contractor shall submit to the COR a hazardous material inventory.

The hazardous material inventory will be submitted 30 days prior to commencement of work for contracts that exceed 180 consecutive days. The inventory list will contain the hazardous material type and maximum quantities of materials anticipated to be stored on-site. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. The Contractor shall maintain copies of Safety Data Sheets for all hazardous materials used and stored on-site during performance of the contract. Contractor shall not supply or deliver any hazardous materials or chemicals to an installation that are listed on EPA toxic chemical list (33/50 Program - AKA 17 List) without prior written approval from COR.

6.14. Prevention of Storm Water Pollution: The Contractor shall perform, track, participate, implement, and comply with storm water pollution prevention minimum control measures, protocols, and best management practices (BMP) and ensure that water quality standards are not violated in accordance with all regulations and policies as applicable to the National Pollutant Discharge Elimination System (NPDES) general permit requirements.

Applicable permits may include, but not limited to:

6.14.1) The installation’s Small Municipal Separate Storm Sewer System (MS4) Permit;

6.14.2) The Multi-Sector General Permit for Storm Water Discharges Associated with Industrial Activities (MSGP);

and, 6.14.3) All Construction Activity Storm Water permits minimum control measures include, but not limited to:

• Public Education and Outreach on Storm Water Impacts

• Public Involvement and Participation

• Illicit Discharge Detection and Elimination

• Construction Site Storm Water Run-off Control

• Post Construction Storm Water Management in New Development and Redevelopment

• Pollution Prevention/Good Housekeeping for Municipal Operations Contractors will comply with the MSGP permit when the activity is identified as a permitted industrial activity. BMPs include, but are not limited to:

• Practicing spill prevention and good housekeeping.

• Installing and managing erosion and sediment control.

• Meeting the requirements of the MS4 permit.

• Contractors will comply with obtaining permit coverage for construction activities disturbing over one acre of land (total acreage is cumulative across all portions of the project). BMPs include, but are not limited to:

• Preparing and implementing a site-specific Storm Water Pollution Prevention Plan (SWPPP) as outlined in the permit and prior to any soil disturbance.

• Installing and managing erosion and sediment control.

• Make available, upon request, permit associated documentation.

• Practicing spill prevention and good housekeeping.

• Meeting the requirements of the MS4 permit.

• Schedule inspections and provide corrective actions for noted deficiencies.

6.15 Storm Water Management Low Impact Design/Development (LID): N/A

6.16 Use of Pesticides: N/A

6.17 Protection of Work Site Resources: N/A

6.18 Prevention of Spills: Contractor shall adopt the installation's Spill Prevention Control and Countermeasures Plan (SPCC) if transporting, processing, storing, or in any way managing hazardous waste, hazardous material, petroleum-oils-lubricants, or other restricted items. In case of a spill, the person in control of the spill site or their designated representative shall take appropriate action to protect workers and bystanders; contain the spill (if it can be done safely); secure the spill site; restrict ignition sources; and immediately contact the installation Fire and Emergency Services (Fire Department).

6.19 Protection of Sensitive Areas: Contractor shall comply with all installation designated sensitive and/or off-limit area restrictions. Sensitive areas are generally demarked indicating what activities (e.g., driving, digging, foot traffic) are prohibited. The Contractor shall also adhere to the following installation sensitive areas requirements:

6.19.1. Cultural Resources Sites: Do not excavate, remove, damage, or otherwise deface any archeological resource.

6.19.2 Endangered Species Habitats: Do not initiate any action that may disturb, endanger, or damage to any degree the habitat of a threatened and endangered species.

6.19.3 Wetlands: Do not excavate or take any action that could fill or damage any wetland unless working under a project specific Corps of Engineers 404 permit. Wetlands include streams, riparian areas, bogs, marshes, and swamps.

6.20 Corrective Action for Noncompliance: Contractor shall, when given a verbal and/or written notice of environmental noncompliance or nonconformance by the COR, take immediate corrective action. Failure or refusal to comply promptly may be grounds for the Contracting Officer to invoke the appropriate contractual remedies. This may cause all or part of the work to be stopped immediately until satisfactory corrective action has been taken.

6.21 Noise: N/A

6.22 Mercury: Mercury is prohibited, unless specified otherwise, and with the exception of mercury vapor lamps and fluorescent lamps. Dumping of mercury-containing materials and devices such as mercury vapor lamps, fluorescent lamps, and mercury switches, in rubbish containers is prohibited. Remove without breaking, pack to prevent breakage, and transport out of the activity in an unbroken condition to the Hazardous Waste Storage facility, B. 380 as required by SIAD. Immediately report to the COR instances of breakage or mercury spillage. Clean mercury spill area to the satisfaction of the Contracting Officer and Environmental Office. Cleanup of a mercury spill shall not be recycled and shall be managed as a hazardous waste for disposal.

6.23 Universal Waste / e-Waste Management: Universal waste including but not limited to some mercury containing building products such florescent lamps, mercury vapor lamps, high pressure sodium lamps, CRTs, batteries, aerosol paint containers, electrical equipment containing PCBs, and consumed electronic devices, shall be managed in accordance with applicable environmental law and SIAD Hazardous Waste Management Plan. Consult the Environmental Office for assistance.

6.24 Pollution Prevention / Hazardous Waste Minimization: Minimize the use of hazardous materials and the generation of hazardous waste. Consult with the Environmental Office for suggestions from the installation's pollution prevention/hazardous waste minimization plan for supporting waste minimization goals.

The following have been deleted:

52.207-5 Option To Purchase Equipment FEB 1995 52.217-9 Option To Extend The Term Of The Contract MAR 2000

(End of Summary of Changes)