W912PL21Q0012 PBWS for MHE IE Maintenance Repair.pdf

Operations and Maintenance Page 1

PERFORMANCE BASED WORK STATEMENT

FOR

MATERIAL HANDLING EQUIPMENT (MHE)

AND

INDUSTRIAL EQUIPMENT (IE)

MAINTENANCE and REPAIR SERVICES

LOS ANGELES DISTRICT

(OPERATIONS AND MAINTENANCE SECTION)

SOLICITATION W912PL21Q0012

PANSPD21P000921

USACE - SPL DISTRICT, CALIFORNIA

April 01, 2021

Operations and Maintenance Page 2

MATERIAL HANDLING EQUIPMENT (MHE) and INDUSTRIAL EQUIPMENT (IE) MAINTENANCE and REPAIR SERVICES

USACE - Los Angeles District (SPL), O&M Section, Solicitation W912PL21Q0012

Section SF 1449 - CONTINUATION SHEET

SECTION C:

PERFORMANCE BASED WORK STATEMENT

Table of Contents

Section Number Title Page Number

1.0 General Description of Services 3

2.0 Quality Control 7 - 8

3.0 Recommended Repairs 8 - 10

4.0 General Information 10 - 16

5.0 Performance Requirement Summary 17

6.0 Attachment 1; USACE SPL Material Handling Equipment (MHE) & Industrial Equipment (IE) List

6.0 Appendix A; USACE SPL-Facilities Listing

6.0 Appendix B; USACE SPL Facilities Towing Services Listing

6.0 Appendix C; Customer Complaint Form - CCR

6.0 Appendix D; Corrective Action Request Form - CAR

6.0 Appendix E; Performance Assessment Report Form - PAR

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SECTION I

1.0. GENERAL DESCRIPTION of SERVICES

Operations and Maintenance (O&M) Section, S. El Monte CA 91733, requires Preventative Maintenance and Inspections (PM&I), Towing Services, Repair Services and Parts and Material Delivery by an industry standard qualified and certified mechanical service truck or maintenance facility. The O&M Section requires these services to meet their mission requirements to maintain seventeen (17) USACE dam, and administrative facilities (See Appendix A). The number of units requiring these types of maintenance and repair services is fifty-four (54) each Material Handling Equipment (MHE) units, and forty-three (43) each Industrial Equipment (IE) units (See Attachment 1). The Contractor shall furnish all labor, equipment, tools, supplies, repair parts etc., to perform timely and effective services when requested by the Contracting Officer Representative (COR) through a Facilities and Equipment Maintenance System (FEM) work order. The Contractor will implement a Quality Control Program (QCP) to manage all aspects of this PBWS/Contract. This should ensure timely equipment repairs, towing services and a parts delivery service to and from all facility locations as required. The Contractor shall provide all services required 7-days a week 0600-1630 when the COR requests this support in advance either by Telephonic, or E-mail.

1.1. LEVELS of WORK

1.1.1. This PBWS/Contract will consist of two (2) work levels:

Level I and II - Annual PM&I Services:

This work consists of furnishing all labor, equipment, tools, supplies, parts, oil, grease, filters to include: oil, air, fuel, cab, and hydraulic, with associated hardware and materials to perform timely and effective PM&I every twelve (12) months even if the equipment is not utilized. Level I work also consists of performing load tests and safety inspections on all overhead cranes, hoists, forklifts and man-lifts annually under a service call as part of the level I service requirement. The Government will determine higher level service requirements that will be performed under Level IV repair requirements. PM&I services will be initiated by the FEM Work Order issued to the contractor through the FEM Maintenance Control Technician after confirmation of availability of funding for the service requirement through the COR. The FEM Work Order for PM&I will be based upon historical data unless the hour meter or odometer readings require earlier servicing IAW Manufacturers Recommendations for Equipment’s Maintenance.

Level III Towing Services:

The Contractor will provide towing services to all 17 dam facilities listed in Appendix A. The FEM Work Order is issued to the contractor through the FEM Maintenance Control Technician after confirmation of availability of funding for the service requirement through the COR. Towing services will be a Firm Fixed Price under this contract.

Bi-Directional means pickup or delivery between specific locations. See Appendix B

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Towing services for permitted required loads will be authorized a 10% increase to the firm fixed price between specific locations to cover transportation fees.

If the towing service requires that the towing operator must perform repair/maintenance actions or has special loading and unloading requirements, the vendor will initiate an Engineer Form 5007R to cover these repair and labor costs and will not roll these costs into the towing service, but under CLIN 0004 a repair service FEM Work Order.

Level IV - Repair Services:

Repair services consist of parts, delivery and installation labor to repair either MHE or IE units.

The Contractor should make every attempt to use Original Equipment Manufacturer (OEM) parts when purchasing parts for repairs. The Contractor shall make available to the Contracting Officer (KO), COR the status of any or all repair services in progress upon request. The Contractor shall provide an estimate for any repair requirement. Repairs over $2,500.00 dollars will trigger the COR to initiate an Independent Government Estimate (IGE). This should ensure the Government is receiving Fair and Reasonable prices in accordance to local industry standards. (The Contracting Officer (KO) will authorize Ten Percent (10%) of all maintenance and repairs exceeding $2,500.00 dollars in value., this authorization will be accomplished through written communication through the COR to the vendor). The FEM Work Order is initiated by either the Contractor providing an Engineering Form 5007R - Equipment deficiency write-up based on an inspection of the equipment unit, the equipment operator deficiency report on an Engineering Form 5007R write-up based on pre-operator inspection of the equipment unit and the FEM Work Order is issued to the contractor through the FEM Maintenance Control Technician after confirmation of availability of funding for the service requirement through the COR.

The Contractor will complete Engineer Form 5007R Equipment Inspection and Maintenance Work Sheet upon pick-up and final delivery of serviced equipment. These forms are available to be downloaded from the internet. The Contractor will be required to comply with all applicable EPA regulations (see paragraph 1.11). The Contractor will provide Level IV repair estimates at no cost to the Government for all MHE and IE units. Level IV repair requirements may be caused by component age, fair wear and tear, environment or operator error.

The Contractor estimate will include the following items on the proposal document to include: Part nomenclature, part number, part price, quantity of parts, delivery time frame, labor hours and miscellaneous materials itemized.

Care, Custody and Control of MHE-IE Units:

No Government employee is to remove any part from any MHE-IE unit and swap those parts to another MHE-IE unit. These parts include but are not limited to mirrors, tires, wheels, batteries, alternator, hoses, belts or safety equipment.

Unauthorized removal of parts by Government employees is theft and hinders the timely repairs to be accomplished on the MHE-IE unit. Disciplinary action on the supervisor or employee may be a consequence of this poor custodial behavior.

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Once an MHE-IE unit is determined to be defective and a FEM work order is established that vehicle is effectively under control of the vendor and will remain in his possession until repairs are final inspected for completed work and accepted by the Government.

Level V Parts/Material Delivery Purchases:

The COR will be able to initiate equipment related parts and material purchases through a FEM work order and the Contractor will be compensated at cost plus mark-up To Be Determined (TBD)___% through negotiations added to the total receipt value of the materials and parts being requested. This will be validated by the COR upon receiving the Contractor’s receipts for parts and materials purchased.

Additional Clarification:

The Contractor fuel costs will be included in all level I, II, III, IV and V service requirements.

The FEM Work Order is issued to the contractor through the FEM Maintenance Control Technician after confirmation of availability of funding for the service requirement through the COR. The Contractor will perform the requested services and the COR will inspect and then approve services provided prior to requesting invoice payments for services.

The Contracting Officer (KO) will authorize all parts and materials exceeding $2,500.00 dollars in value. This authorization will be accomplished through written communication through the COR to the vendor.

1.2. ACRONYMS / DEFINITIONS:

Contracting Officer (KO) – The KO at the procuring activity (Los Angeles District) is the individual with the authority to enter-into, administer, and/or terminate contracts and make related determinations and findings.

Contracting Officer Representative (COR) – The individual designated in writing by the Contracting Officer to act as the Contracting Officer’s authorized representative. The COR primary and alternate are responsible for monitoring the Contractor’s performance to assure compliance with technical requirements within the contract.

Maintenance Control Technician (MCT) - This is the office that provides the hard copy FEM Work Order to the Contractor. This office controls the data collection and inventory of the MHE-IE units under this contract.

Quality Control Personnel (QCP) – The individual that works for the Contractor that ensures that the FEM generated work orders and the MHE-IE maintenance and repair requirements are tracked and completed from cradle to grave in accordance with the PBWS/Contract.

Facility Equipment maintenance (FEM) – FEM work orders are issued to track the progress of any requirement Level I thru Level IV from cradle to grave.

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Preventive Maintenance and Inspection (PMI) – The routine checking of hardware that is performed by a field engineer/mechanic/technician/electrician on a scheduled basis as identified by the COR.

PMI’s include visual and operational inspection of all operational components and any repair or adjustment necessary to ensure safe operations of MHE and IE in accordance with all OSHA or EM 385-1-1 safety requirements.

Material Handling Equipment (MHE) – Equipment used in the daily handling of Government equipment / material, to include forklifts, front-end loaders, cranes, warehouse tractor, dozers, dump trucks, backhoes with buckets, skid steer loaders with buckets, excavators, rollers, scrapers mowers, and sweeper.

Industrial Equipment (IE) – Equipment used as attachments to MHE or standalone units, providing generation of electricity, dewatering pumps, lighting, boat equipment, etc.

On-Site – Performed on Government CORP facilities listed in Appendix A.

Off-Site – Performed in Contractor furnished facilities located off CORP facilities or in route to or from CORP On-Site facilities.

Real Property – Land or structures on the land.

Remedial Service Call-Out – A repair service call that is required due a malfunction of the equipment.

Repair – To accomplish the services that are authorized and approved to restore a MHE or IE to a serviceable condition.

Not to Exceed (NTE) – Budget Estimate for CLIN Items 0001 thru 0005 within the Bid Schedule

An amount of funding set aside for the payment of parts, repair and towing services that is not to be exceeded by the Contractor. The ceiling price (total amount) is shown in the bid schedule. An NTE value may be adjusted upward or downward depending on the number of repair parts purchased.

Towing services requested and actual maintenance and repairs performed in any period of the contract. The Contractor is to not exceed these amounts unless notified by the KO in writing that the ceiling total amount has been adjusted and as specified in the writing that a revised ceiling amount for performance under these contract/CLIN is authorized. The Government shall not be obligated to pay the Contractor any amount in excess of the ceiling amounts in the bid schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling amount set forth in the schedule unless and until the KO has notified the Contractor in writing that the ceiling amount(s) has been increased or decreased and shall have specified in the notice a revised ceiling that shall constitute the ceiling amount for performance under this PBWS/Contract.

The NTE ceiling amounts applies to the cost of Repair Services under (CLIN 0004), Parts and Material Delivery under (CLIN 0005), Towing Services under (CLIN 0003); it does not apply to Preventive Maintenance and Inspections (CLINs 0001 and 0002 or the Contractors Labor Rates that are firm fixed prices under this PBWS/Contract). Funding within CLINS can be moved pending a

Operations and Maintenance Page 7 written modification through the Contracting Officer (KO). If additional equipment units are added to CLIN 0001 or CLIN 0002 additional funding for those units will be added to the PMI requirement through a modification through the KO.

1.3. SCHEDULE

PMI, repair services required under this contract shall be performed on equipment units listed in Attachment 1. The PMI, repair services and towing will be scheduled in writing by the COR on a FEM work order. Services will begin within two weeks of contract award and after the Contractor submits and has an approved (By THE DISTRICT SAFETY OFFICE) a safety work plan to include an Accident Prevention Plan (APP) and Activity Hazardous Analysis (AHA). The Contractor shall provide the COR an emergency phone number and point of contact (POC) for repair and towing service requirements.

1.4. ADJUSTMENT IN MHE and IE DENSITY

The KO with recommendations from the COR shall have the right to make increases or decreases to the equipment quantity as new and/or replacement equipment is received or equipment is deleted from the schedule, and to substitute new or different equipment which replaces existing equipment identified in this contract. The contract shall be modified to reflect any changes in writing from the

KO.

1.5. IDENTIFICATION OF EMPLOYEES

The Contractor shall be responsible for furnishing to each of their employees’ identification. The Contractor will require each of their employees engaged on the work site to display such identification. Contractor personnel shall wear distinctive name tags, company shirts, or company badges for identification purposes. The Contractor shall provide employee(s) name and vehicle license plate number prior to any towing service, PMI or repair services.

SECTION II

2.0. QUALITY CONTROL (QC)

The government shall inspect and evaluate the Contractor’s performance to ensure services are received in accordance with requirements set forth in this PBWS and Contract documents. The Contractor’s Quality Control Personnel (QCP) will ensure that the PMI, repair, parts delivery and towing service requirements are tracked and scheduled as well as meet the intent of this PBWS.

The Contractor will be fully responsible for establishing a QC program and developing communication between the O&M Section COR and its requirements. The COR shall inspect by watching actual task performance, physically checking an attribute of the completed task, investigating customer complaints, conferring with Facility Managers, or otherwise inspecting the task or its results to determine whether or not performance meets the standards contained in this PBWS/Contract. The COR shall utilize the Contractor’s work schedule or modified version thereof from the QC to record surveillance results. Results of the surveillance then become the official government record of the Contractor’s performance. When a performance threshold has not been

Operations and Maintenance Page 8 met or the Contractor’s performance has not been accomplished, the COR shall initiate a Customer Complaint form, see Appendix C, and provide the Contractor with a Corrective Action Report (CAR), see Appendix D. The Contractor will acknowledge by signing the CAR and re-perform at no additional cost to the government, within twenty-four (24) hours of notification at California and Arizona facilities. If the government deems that re-performance is acceptable and is satisfactory, the COR will file the CAR and consider that issue “Closed”. If the re-performance is not accepted, this will be deemed as unsatisfactory. The CAR will be annotated as such by the COR and forwarded to the KO for validation. Once the CAR has been reviewed and acknowledged as a defect, the KO will provide the necessary documentation to the Contractor.

2.1. The Customer Complaint Form (see Appendix C), may be used by any CORPS employee who finds defects or poor performance or workmanship on behalf of the Government.

2.2. Contractor Corrective Action Report (CAR), see Appendix D, The Contractor uses this form to describe how he will make corrective actions.

2.3. The Performance Assessment Report (PAR). See Appendix E. will be used by the COR to evaluate and grade the Contractor on work performance addressed in the PBWS.

2.4. ACCEPTANCE/CORRECTION OF WORK

All work performed under this contract shall be subject to the acceptance of the COR. If performance is found to be unsatisfactory and not in accordance with the requirements of this contract, the Contractor shall begin correcting unsatisfactory work as soon as possible but not later than the first four (4) hours of the following regularly scheduled Government workday. Required re-performance of repair requirements will be at the expense of the Contractor.

SECTION III

3.0. Recommended Repairs

3.1. PMI SERVICES under CLIN 0001 and CLIN 0002

The following services shall be issued through a FEM work order issued by the Maintenance Control Technicians “ONLY” after validation through the COR that funds are available for the requirement. The Contractor shall perform PMI services on-site to minimize downtime. PMI services are the routine checking of hardware that is performed by a field Engineer/mechanic/technician/ electrician on a specific scheduled basis. PMI service calls shall include the cost to travel to and from the CORP facilities, and include fuel costs. PMI services, including but not limited to visual and operational inspections, lubrication of axles, fittings, oil changes to include fuel filters, air filters, and oil filters, checks of hydraulic lines, lights, turn signals, brake lights, adjustments and replacements that are necessary to provide safe and operational MHE unit. The Contractor shall be responsible for the correct mixture of anti-freeze and the OEM recommended fluids and filters for all equipment. All PMI services, to include those items that have been received under warranty, shall be performed in accordance with the OEM specifications and appropriate manufacturers’ manuals. PMI services for MHE units will be billed

Operations and Maintenance Page 9 under CLIN 0001 with subCLIN and IE units will be billed under CLIN 0002 with subCLIN annotated.

NOTE TO CONTRACTOR:

In accordance with 3.0, “As a part of performing PMI services, the following items are included but are not limited to the costs: Labor, travel, fuel, maintenance vehicle, equipment, oil, grease, lubricants, fluids, antifreeze, environmental cab filters, oil filters, air filters, fuel filters, hydraulic filters, grease fittings, light bulbs.

The Contractor will be required to perform load tests on all forklifts, man lifts and overhead cranes annually and shall bill labor hours under CLIN 0001 and CLIN 0002 for the MHE/IE units requiring these specific testing requirements by the OEM.

3.2. TOWING SERVICES under CLIN 0003.

The following services shall be issued through a FEM work order, by the Maintenance Control Technicians “ONLY” after validation through the COR that funds are available for the requirement.

Towing services will be billed under CLIN 0003, subCLIN 0001AC through 0012AC for California facilities and under subCLIN 0013AC through 0015AC for Arizona and subCLIN 0016AC through 0017AC for Nevada facilities. The additional fees for towing will include the required highway permits and fees for each state and will be a firm fixed price under this PBWS/Contract for all CORPS facilities. These fees and permits are normally only charged for oversized and wide loads.

Towing will be priced for pick-up or delivery / round trip as provided in Appendix B.

3.3. REPAIR SERVICES under CLIN 0004

The following services shall be issued through a FEM work order, by the Maintenance Control Technicians “ONLY” after validation through the COR that funds are available for the requirement.

Normally all services will be performed at the Maintenance Base-yard in South El Monte or at the Contractor's facility. Repairs accomplished in California, Arizona and Nevada facilities will be billed under negotiated labor pricing for each state for the appropriate MHE/IE unit repair services.

The Contractor shall complete one cost estimate to include labor, materials and parts with part numbers within fourteen (14) days after the service call date on the FEM work order.

The Contractor must provide one estimate form with the following details:

Labor hours, material nomenclature, quantity, and part numbers miscellaneous items such as nuts, bolts, welding materials, cleaning supplies etc., shipping costs, vehicle wash rack preparations will be identified as well.

After completion, the Contractors will provide a legible invoice from the parts and materials supplier.

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An original estimate forms 1st page will contain the Contractor's costs for maintenance and repairs.

An additional copy of the original estimate will have no costs associated to the requirements. The copy of the no cost estimate may be sent for an Independent Government Estimate through the Cost Estimating Section of any USACE District.

3.4. PARTS and MATERIALS SERVICES under CLIN 0005.

The following services shall be issued through a FEM work order by the Maintenance Control Technicians “ONLY” after validation through the COR that funds are available for the requirement.

Parts and Materials will be billed under CLIN 0005. The cost of repair parts and materials is covered under CLIN 0005 and will be reimbursed as requirements are completed in accordance with the PBWS/Contract. The Contractor shall coordinate with the Manufacturer’s representative on repairs of equipment and components under warranty at no additional charge to the government.

PRICE COMPETITION REQUIREMENTS FOR PURCHASING PARTS:

When the Contractor is required or directed by the COR to furnish parts and materials, the Contractor shall be reimbursed by the government for the cost of any required parts and materials the Contractor will be compensated at cost plus mark-up To Be Determined (TBD)___% through negotiations added to the total receipt value of the parts and materials being requested. This will be validated by the COR upon receiving the Contractor’s receipts for parts and materials purchased.

The Contractor will submit one (1) estimate to the COR with the proposal prior to approval by the

COR.

The planning, estimating, and scheduling for FEM Work Orders are a part of the Contractor's recurring work requirements. Upon receipt and review of each proposal by the Government, the KO or COR may initiate negotiations with the Contractor. The Contractor shall participate in negotiations. Upon approval by the KO or the COR, the FEM Work Orders will be issued under the break-fix portion of the contract.

The Contracting Officer (KO) will authorize all parts and materials exceeding $2,500.00 dollars in value. This authorization will be accomplished through written communication through the COR to the vendor.

In response to the Government's Request for Quote (RFQ) for FEM Work Orders, the Contractor shall submit a quote which shall include, but is not limited to:

1) A complete list of all tasks necessary to perform the required scope of work.

2) The number of hours set forth to perform each task by labor category.

3) The projected quantity and costs of materials to perform the required scope of work.

4) Other allowable direct cost as defined in the FAR, and

5) Estimated duration for performance of work.

Government includes the (KO and COR) requires 14-working days to review quotes and submittals associated with each FEM Work Order submitted for signature and approval. The Contractor shall prepare proposal using competition when available. The Contractor shall review subcontractors’

Operations and Maintenance Page 11 bids for completeness, accuracy, and suitability. In lieu of competition or for in-house effort, the Contractor may prepare quotes using commercially available sources, for example, a widely accepted estimating tool such as R.S. Means or similar tool. If using R.S. Means, the City Cost Index shall be selected to the nearest city to which work will be performed. The quote shall be valid for 60 calendar days from date of RFQ submission unless otherwise specified. Typically, proposals are due 14 days from issuance of RFQ.

For approximately five percent of RFQs, the Contractor shall be prepared to respond to emergency and urgent requests requiring due dates to be within two to five days. The Contractor may submit a written request by E-mail to extend the proposal due date, stating the reasons for the request.

SECTION IV

4.0. GENERAL INFORMATION

4.1. ENVIRONMENTAL PROTECTION

The Contractor will comply with all applicable federal, state and local laws and regulations concerning environmental protection, pollution abatement and controls. If a spill occurs at any CORP facility in CA, NV, or AZ in the performance of this contract, the Contractor shall bear all costs of clean up as required by Environmental Laws and Regulations in force at the time of the spill and not hold the government liable

4.2. GOVERNMENT PROVIDED WORK-SPACE

A full-time covered space and fenced in area at the South El Monte Maintenance Base-yard will be provided for PMI and repair services. The Contractor will be provided electric power and water at no additional cost. The Contractor shall comply with all applicable Federal, State, Installation, Fire, Safety, Security, Environmental Protection Agency (EPA), and Local Regulations. Upon completion of services, the Contractor is required to clean-up the workspace and remove and dispose of any tools, parts, debris or hazardous waste (Including used Oil and other lubricants) from the CORP installation. These type of general housekeeping guidelines will be followed each workday and part of the Contractor's Safety Plan. Any damage caused to the Government facility will be repaired immediately (No Later Than 5-Work Days) by the contractor at no additional cost to the Government.

Workspace provided to the Contractor to perform on-site PMI, Repair services at any CORP installations listed in Appendix A, the Government will provide utilities without charge to the Contractor. The Contractor shall assume the risk of and shall be responsible for any loss or damage thereto as a result of Contractor performance or equipment storage. If welding is required within their workspace the APP/AHA must follow EM 385-1-1 and applicable OSHA standards.

4.3. MHE AVAILABILITY AND RELEASE

The Government shall make available to the Contractor, equipment for PMI or Repair in accordance with the provisions of the bid schedule. The Contractor upon receipt of any Government equipment

Operations and Maintenance Page 12 shall assume the risk of and shall be responsible for any loss or damage thereto. Any equipment described herein to be removed from CORP installation shall have the prior approval of the COR.

The Contractor shall sign for receipt of any Government equipment moved from the CORP installation. The government will require a form, DA Form 2062 Request for Receipt or Turn-In be processed between the Contractor and the Government prior to the Contractor or Government taking responsibility for the MHE or IE. These forms can be downloaded from the internet.

4.4. CONTRACTOR FURNISHED FACILITIES

The Contractor shall perform all repairs, which are not feasible on-site in his/her facilities/shop.

The Contractor shall furnish materials, labor and transportation for all equipment that is repaired in Contractor’s facilities. The Contractor shall assume the risk of and shall be responsible for any loss or damage thereto as a result of Contractor performance.

4.5. PARTS AND MATERIALS

a. The Contractor shall furnish replacement parts. All worn out or deteriorated parts recommended for replacement may, upon request, be physically examined by the KO, COR prior to actual replacement.

b. All OEM or recommended replacement parts and materials may be examined when requested by either the KO or COR prior to installation. No rebuilt parts may be used without prior approval of the KO or COR.

c. Parts or components damaged by the Contractor shall be repaired or replaced at the expense of the Contractor to the satisfaction of the KO, COR.

d. The Contractor shall be reimbursed by the Government for the parts/supplies at the Contractor’s net price as stated in the invoice from the respective supplier. A copy of the invoice for the parts/supplies shall be submitted to the KO, COR for payment verification. Invoices for repair services where parts’ pricing is separate from labor hours will be documented by a list citing the OEM part number or authorized substitution item to include nomenclature, quantity used, and price.

e. Parts and Materials used by the Contractor in performance of this contract shall be new and conform to the OEM’s or re-manufacturer’s specifications unless approved by the KO, COR.

Rebuilt assemblies may only be used with prior approval of the KO, COR when it is a standard industry practice and the rebuilt assembly or subassembly carries the same manufacturer’s or re-manufacturer’s warranty as a new assembly or subassembly. Any part removed is Government property and shall be returned upon request of the COR unless the replacement part is predicated upon an exchange basis with the part being replaced at a savings to the government. The Contractor will provide all repair parts and supplies necessary for preventive maintenance. If a credit is provided for an exchanged part the Contractor will apply that credit to the cost of the new part purchase and provide credit documentation with applicable invoice.

4.6. PERMITS

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The Contractor shall without additional expense to the Government, be responsible for obtaining Required licenses and/or permits, and for complying with any applicable to Federal, State and local laws, codes and regulations in connection with the performance of the PBWS.

4.7. TIME OF PERFORMANCE

The service and repairs to be performed under this contract will be performed during normal government working days, Monday through Thursday except for Federal Holidays, between the hours of 0600 to 1630. If work that cannot be completed by 1630 on Thursday, it shall be discontinued and resumed the next working day. It must be approved by the KO, or COR to continue work on Friday, Saturday, or Sunday. If services are scheduled by the Contractor to be performed on a regular federal holiday (see below), or one designated by Presidential proclamation, rescheduling shall be at the discretion of the KO, COR.

New Year's Day 1 January* Martin Luther King's Birthday 3rd Monday in January Presidents Day 3rd Monday in February Memorial Day Last Monday in May Independence Day 4 July* Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veterans Day 11 November* Thanksgiving Day 4th Thursday in November Christmas Day 25 December*

* The holiday is observed on the preceding Friday or the following Monday when the holiday occurs on Saturday or Sunday, respectively.

4.8. WARRANTY

The Contractor agrees that the materials and services furnished under this contract shall be covered by the most favorable commercial warranties the Contractor provides to customers for such materials and services, but if not otherwise specified, not less than a minimum of ninety (90) days warranty. The Contractor agrees that the rights and warranties provided herein are in addition to and do not limit any rights afforded to the Government by any other clause of this contract. New equipment received by the Government under manufacturer’s warranty will not be repaired without prior approval of the COR. The Government repairs will only be accomplished, at no cost to the Government, if approved by the manufacturer and Contracting Officer or representative. Payment for the Contractor inspection will be determined in accordance with the schedule or prices.

4.9. SPILL RESPONSIBILITY

The Contractor is solely responsible for any, and all spills or leaks during the performance of this contract, which occurs as a result of, or is contributed to by the actions of its agents, employees, or sub-Contractors. The Contractor agrees to clean up such spills or leaks to the satisfaction of the

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Government in a manner that complies with applicable Federal, State, Local laws and regulations.

The cleanup shall be at no cost to the Government. The Contractor shall report all such spills or leaks, regardless of their quantity, to the COR immediately upon discovery. A written follow-up report shall be submitted to the COR not later than twenty-four (24) hours after the initial telephonic report. The written report shall be in narrative form and as a minimum include the following:

1. Description of item spilled (including identity, quantity, etc.).

2. Whether amount spilled is EPA/state reportable, and if so, whether it was reported.

3. Exact time and location of spill including a description of the area involved.

4. Containment procedures initiated.

5. Summary of any communications Contractor has with press or Government officials Other than the contracting officer.

6. Description of clean-up procedures employed or to be employed at the site including disposal location of spill residue.

4.10. TRANSPORTATION OF MHE

The Contractor shall provide qualified personnel and appropriate conveyance necessary to load off load and transport MHE and IE, should it become necessary to transport and repair the equipment off-site. The Contractor shall sign DA Form 2062, Request for Issue or Turn-in for tracking purposes and acknowledge receipt of Government equipment for repair off-site. The Contractor will in addition work with and provide information to the Facility Equipment Maintenance (FEM) monitor who will input data and costs into the Maximo Program as required by Headquarters United States Army CORPS of Engineers (HQ USACE).

4.11. EQUIPMENT LISTING

See Attachment 1, USACE SPL Material Handling Equipment (MHE) & Industrial Equipment (IE) List

4.12. CONTRACTING OFFICER REPRESENTATIVE (COR) and ALTERNATE

A copy of the COR and Alternate COR appointment letters shall be furnished to the Contractor.

4.13. PERIOD OF PERFORMANCE

The base period of performance is one calendar year starting from the date of award, with four (4) – option years. The Contractor shall bill the final quarter of each fiscal year prior to the 2nd Friday of September to ensure timely Fiscal Year Close-Out of the Contract. This may vary depending on funding resourcing, the COR will advise the Contractor accordingly

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It is the intent of the government to expedite award of this MHE repair contract for the O&M section. Start date of service will be 01 October 2021 through 30 September 2022.

1. Option Year 1 – 01 October 2022 thru 30 September 2023 (adjust days accordingly)

2. Option Year 2 – 01 October 2023 thru 30 September 2024

3. Option Year 3 – 01 October 2024 thru 30 September 2025

4. Option Year 4 – 01 October 2025 thru 30 September 2026

4.14. ADDITIONAL LEVELS of WORK

The COR shall have the authority to call for towing or repairs for MHE or IE in response to the real time on-site maintenance requirements.

The Contractor shall provide a price guarantee on all PMI services and towing over the length of the service contract for all MHE and IE units. The pricing will be a firm fixed price over the life of the contract. The Government and the Contractor will base option year pricing on current industry standards.

The Contractor will respond to towing requirements or provide repair services on MHE or IE within four (4) hours of notification if the unit is at or in route to California CORP facilities. If the equipment is in route-to or staged at AZ or NV CORP facilities, then the Contractor shall respond within seven and a half (7.5) hours after telephonic notification by the COR.

4.15. ANTI-TERRORISM / OPSEC

ENG FORM 6055, JUN 2015

In accordance with USACE Contract Requirements Package Antiterrorism/Operations Security Review Cover Sheet, reference AR 525-13, ALARACT 05/2012, and USACE OPORD 2013-74 clauses 1, 2, 2b, 4 and 15 will apply.

The Following Paragraphs Apply:

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."

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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-contractor 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 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."

2b. 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.

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."

15. 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.

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SECTION V

5.0. Performance Requirement Summary (PRS) and Method of Surveillance

5.1. The Government POC is:

Milthon Galindo Telephone: (626) 401-4053, GOV-Mobile: (626) 238-2047, Fax: (626) 401-4049.

Milthon.f.galindo@usace.army.mil mailto:Milthon.f.galindo@usace.army.mil

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SECTION VI

Attachment 1; USACE SPL Material Handling Equipment (MHE) & Industrial Equipment (IE) List

Appendix A; USACE SPL-Facilities Listing

Appendix B; USACE SPL Facilities Towing Services Listing

Appendix C; Customer Complaint Form - CCR

Appendix D; Corrective Action Request Form - CAR

Appendix E; Performance Assessment Report Form - PAR