A.02 Attachment 1 PWS Foster Truck and Trailer Service.pdf

PERFORMANCE WORK STATEMENT

TRUCK AND FLATBED TRAILER RENTAL AND OPERATOR SERVICES

FOSTER DAM, FY22

1.0 General Statement

a. The contractor shall provide all personnel, equipment, tools, materials, supervision, and other items and services necessary to perform movement of Government property by truck and trailer as defined in this Performance Work Statement (PWS). The Contractor shall perform to the standards in the contract and comply with all Local, State, and Federal regulations during the services performed.

b. This contract is for rental services of trucks, flatbed trailers, and qualified truck operators. Work will be performed at the US Army Corps of Engineers, Willamette Valley Project, Foster Dam, 2000 N 53rd Ave., Foster, OR 97345.

c. Bid Items:

Six trucks, five flatbed trailers and one stepdeck trailer capable of carrying 22 tons, and six operators. Use of equipment and operators shall perform work in 10-hour days.

CLIN 0001 6 Trucks 1 day POP May 11 2022 (Wednesday) CLIN 0002 6 Trucks 2 day POP Sep 13-14 2022 (Tues-Wed) CLIN 1001 6 Trucks 1 day POP May 10 2023 (Wednesday) CLIN 1002 6 Trucks 2 day POP Sep 12-13 2023 (Tue-Wed) CLIN 2001 6 Trucks 1 day POP May 08 2024 (Wednesday) CLIN 2002 6 Trucks 2 day POP Sep 10-11 2024 (Tue-Wed) CLIN 3001 6 Trucks 1 day POP May 07 2025 (Wednesday) CLIN 3002 6 Trucks 2 day POP Sep 16-17 2025 (Tue-Wed) CLIN 4001 6 Trucks 1 day POP May 13 2026 (Wednesday) CLIN 4002 6 Trucks 2 day POP Sep 15-16 2026 (Tue-Wed)

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

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

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

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

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

e. Foster Dam (FOS Dam)

f. Material Safety and Data Sheet (MSDS)

3.0 Government Will Furnish. Government will provide skilled craft labor to assist in positioning trucks and trailers.

4.0 Contractor Shall Furnish

a. The Contractor shall furnish all labor, equipment, fittings, connectors, hoses and additional equipment necessary to perform the work required under these specifications. A copy Commercial Driver’s License (CDL) shall be submitted to the Government prior to commencement of this contract. Upon completion, contractor shall submit Bill of Lading noting hours of travel and on-site time.

b. The Contractor shall insure that all employees are capable of demonstrating adequate knowledge of chemicals, tools, equipment, instrumentation, supplies and techniques necessary to competently perform the work.

5.0 Performance Standards and Guideline Requirements (Also see Paragraph 6)

a. The contractor shall supply the required amount of trucks and flatbed trailers along with qualified truck operators. Trailers shall be at least forty (40) foot long and capable of carrying 22 tons. Required on-site time is 0700. The driver/truck/trailer combination have an anticipated time on station for 10 hours for one days work.

b. Vendor to supply rigging and dunnage as necessary to support stop logs and fish weir during all transportations.

c. All vendor vehicles to be carrying hazardous material spill containment for prevention of possible oil and fuel spills from their vehicles into water ways.

d. Vendor to supply their personnel with all applicable Personal Protective Equipment (PPE).

e. Performance shall be based on the Contracting Officer’s or their designated Representative’s evaluation of performance and quality results, not the frequency or method of performance.

6.0 Performance Requirements Summary. It is intended to ensure that the Government receives the services for which it contracted for. The Government will only pay for services received. The Performance Requirement Summary (PRS) determines if the contractor meets the performance standards of the contract, as well as provides guidelines for how and when surveillance will be performed. The PRS ensures timeliness, effectiveness, and that the contractor is delivering the results specified in the contract. Government contract quality assurance will be performed at such times and/or places as may be necessary to determine the services conform to contract requirements.

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

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

PERFORMANCE REQUIREMENTS SUMMARY

Performance Objective

Performance Standard

Allowed Number of Discrepancies

Surveillance Validated Complaints

FOS Dam Trucks, Trailers and Operators

Provide truck and trailer services as per specification. No damage to stop logs, weir, roadway or other property on site.

0 per trip Each service will be inspected by on-site Technical

POC

1 per trip

c. Surveillance. Visual inspection of truck and trailer service provided and damage to property for contract compliance and will serve as the surveillance method. If the COR discovers deficiencies and/or receives complaints, the COR will pass them on to the contractor's Quality Control Inspector (QCI) for correction.

d. Quality Control. The contractor, not the government is responsible for quality control actions necessary to meet the quality standards set forth by the contract. Quality Assurance (QA) is the Government process that ensures the contractor delivers quality service. The Government reserves the right under the Contract Terms and Conditions—Commercial Items (FAR 52.212-4) to inspect and test the services called for by the contract, to the extent practicable at all times and places during the term of the contract. Non-conforming services shall be rejected.

e. Unacceptable Performance. When performance is determined unacceptable, as defined in the

Performance Requirements Summary, the Government Quality Assurance Evaluator (GQAE) will inform the contractor’s on-site representative that performance is unacceptable and provide written documentation by use of the form DD 2772, Contract Discrepancy Report. By initialing and dating the form, the contractor is only acknowledging notification of unacceptable performance. Disputes in surveillance should be referred to the contracting officer.

f. The GQAE will notify the COR and the Contracting Officer of less than acceptable performance.

If any of the services do not conform to contract requirements, the government may require the Contractor to perform the services again in conformity with the contact requirements, at no increase in contract amount. When the defect(s) in services cannot be corrected by re-performance, the government may:

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

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

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

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

b) Issue Cure Notice

c) Terminate the contract for government convenience

d) Terminate the contract for Cause.

g. Correction of Non-Performance of Work. The Contractor shall employ an adequate quantity of personnel to insure that any area found to be not in compliance and therefore not acceptable, shall be made acceptable by the performance or re-performance of the work, where such re-performance is possible, during the first business day after non-compliance has been observed by or reported to and verified by the COR.

h. Standard. Recurring defects are not permitted for any of the above service items. For example, if the COR discovers damage covered under the contract, the contractor is required to correct the defect through re-performance. No defect is recorded against the contractor's performance.

However, if this same situation occurs again during the contract period, a defect will be recorded and reported to the Contracting Officer for appropriate action in accordance with FAR 52.212.4, Contract Terms and Conditions-Commercial Items (May 1997).

i. Work Scheduling. Work performed under this contract shall be during the normal working days and hours of the Operating Project to include Monday through Thursday, 0700 -1700 hours with the exclusion of Federal holidays.

j. Verification of Work. If the Contractor performs work other than at the scheduled time, the

Contractor must notify the COR of completion to secure any payment. Work performed at times other than posted on the schedule and not coordinated with the COR shall be considered not completed. After the work schedule has been approved, a copy of it shall be posted in the various places that the Contractor shall be working. The Contractor shall initial this work schedule each day to show the specific items of work that were accomplished.

k. Damages Caused by the Contractor. The Contractor shall be held accountable and liable to the

Government for any damages to Government Property caused by the Contractor employees.

7.0 General

The onsite Technical Representative is Steve Gardner, Mechanical Engineer; who will coordinate site access, security and safety requirements.

a. Safety Meetings. An on-site pre-work Safety Meeting with project personnel shall be required.

Timing of the safety meetings shall be coordinated with mobilization efforts. The agenda of the meeting is to include review of the Activity Hazard Analysis.

b. Activity Hazard Analysis. As part of the pre-job safety meeting, an Activity Hazard Analysis will be prepared and discussed by all on site personnel.

c. Safety Compliance. 2008 EM 385-1-1 latest revision and its changes (USACE Safety & Health

Requirements).

d. Environmental Compliance. All vendor vehicles to be carrying hazardous material spill containment for prevention of possible oil and fuel spills from their vehicles into water ways.

e. Access and General Protection/Security Policy and Procedures. All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost

Marshal Office, Director of Emergency Services or Security Office. Contractor 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.

f. For contractors who do not require CAC, but require access to a DoD facility or installation.

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.

g. Pre-screen candidates using E-Verify Program. The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

7.1 Contract Changes. Changes in scope, time, or deliverables can only be authorized by the

Contracting Officer. The contractor shall notify the Contracting Officer immediately if they have received direction to perform work outside the scope of the contract. Changes in scope will be negotiated and a written modification issued, before proceeding with the work.

7.2 Points of Contact.

Contracting Officer: Donald C. Sumner, (503) 808-4628, donald.c.sumner@usace.army.mil Contracting Officer’s Representative: Raymie Bridell, (541-349-3041), raymie.l.briddell@usace.army.mil Contract Specialist: Derek Caputi, (503) 808-4619, derek.caputi@usace.army.mil

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

http://www.dol.gov/whd/regs/compliance/posters/sca.htm. The rest of the content is subjective to each location needs.

7.4 Veterans Employment Emphasis for U.S. Army Corps of Engineers Contracts. USACE contractors and sub-contractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE Contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE Contractors in their outreach efforts:

Federal Veteran employment information at http://www.fedshirevets.gov/index.aspx Department of Labor Veterans Employment Assistance at http://www.dol.gov/vets/ Department of Veterans Affairs-VOW to Hire Heroes Act at http://benefits.va.gov/vow Army Wounded Warrior Program at http://wtc.army.mil/modules/employers/index.html U.S. Chamber of Commerce Foundation – Hiring Our Heroes:

http://www.hiringourheroes.org/ Guide to Hiring Veterans:

www.whitehouse.gov/sites/default/files/docs/white_house_business_council_- _guide_to_hiring_veterans_0.pdf

7.5 Work Scheduling. The Contractor is not required to perform services on the following recognized

Federal holidays: New Year’s Day, Labor Day, Martin Luther King Day, Columbus Day, President’s Day, Thanksgiving Day, Independence Day, Christmas Day, Memorial Day, and Veteran’s Day.

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

TYPE AMOUNT

1) Workman's Compensation and Employer's As legally required by the State wherein the work Liability (including Federal Longshoremen and is being performed.

Harbor Worker's Insurance).

2) Comprehensive General Liability Insurance Personal Injury Liability:

$1 million per person $1 million per occurrence

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

3) Automobile Liability Personal Injury Liability:

$1 million per person

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

8. Invoice Submittals. Invoice(s) shall be prepared in accordance with FAR clause 52.212-4(g) and submitted electronically via email to:

Submit an Electronic PDF Invoice to the USACE Finance Center via email address:

CEFC-G2invoices@usace.army.mil

Electronic Copy to:

Contracting Officer’s Representative: Raymie Bridell, (541-349-3041), raymie.l.briddell@usace.army.mil

For Invoice receipt verification or for a vendor's Payment problem, the vendor may contact the USACE Finance Center at Phone Number (901) 873-9077.

9. Coordination.

a. General. Coordination of project activities is critical to the successful completion of the activity.

Every effort shall be made to resolve critical issues in a timely manner before they become problems. Communication by telephone, email, and FAX is strongly encouraged.

b. Contractor’s Point-of-Contact (POC). Upon contract award the contractor shall assign a Project

Manager to act as a primary point of contact. The contractor shall furnish the name and contact information of that individual to the Government.

c. Government’s Point-of-Contact. The Government’s technical point of contact for this solicitation is Justin Barrowcliff. He can be reached as follows:

US Army Corps of Engineers Willamette Valley Project Foster Dam Phone: (541) 367-5124 x 16 Email: justin.l.barrowcliff@usace.army.mil

10. Additional Services. The Contractor shall not perform any services under this contract which are considered by the Contractor to be a change in work or services required by this agreement without the written approval of the Contracting Officer.

11. FORMS.

Contractor Discrepancy Form:

http://www.esd.whs.mil/Portals/54/Documents/DD/forms/dd/dd2772.pdf