A.02_PWS.pdf

Gate Guard Services at U.S. Moorings Portland, Oregon

Performance Work Statement

1.0. General Information.

The U.S. Army Corps of Engineers, Portland District requires security guard services at the U.S. Moorings in Portland, Oregon. The contractor shall provide all personnel, equipment, tools, materials, vehicles, supervision, and services necessary to perform security guard services 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.

This firm fixed priced, commercial, performance based, non-personal services contract is for a base period of 45-days and one 30-day optional period, if exercised by the Government. The Government additionally may extend services in accordance with FAR clause 52.217-8 for up to six months following the 75-day period.

2.0. Definitions.

Terms throughout this PWS are defined as follows:

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

Contracting Officer’s Representative (COR): An individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement (DFARS) and authorized in writing by the contracting officer to perform specific technical or administrative functions. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

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

Contractor’s Supervisory Manager (CSM): CSM refers to the Contractor’s representative with overall management responsibility for this contract. The CSM shall be the Contractor’s primary point of contact between the Contractor and the Govt.

Contractor Employee: An employee of the Contractor or Subcontractor that is performing duties under the Contract.

Guard: As used in this document, “guard” refers to the gate guard assigned at the U.S. Moorings.

IAW: In Accordance With, usually referring to a regulation or policy.

Operations Security (OPSEC): Is a process that identifies critical information to determine if friendly actions can be observed by enemy intelligence, determines if information obtained by adversaries could be interpreted to be useful to them, and then executes selected measures that eliminate or reduce adversary exploitation of friendly critical information.

Quality Assurance Representative (QA): The Government employees responsible for checking contractor performance.

Quality Assurance Surveillance Plan (QASP): An organized written document specifying the methodology to be used by the Corps for surveillance of Contractor performance.

3.0. Government Furnished Equipment and Property:

The Government shall furnish without cost to the contractor the normal amounts of utilities, except for contractor employee cell phone service, to be used only in connection with the performance of the work.

3.1. Government furnished materials shall include:

Restroom facilities & potable water sources Guard post(s) for each stationary position

4.0. Guard Services:

4.1 General Statement. The contractor will ensure one guard is present and capable of performing the duties described in this PWS at all times during the time period described in paragraph 9.0 of this PWS. The guard’s primary duty location is at the main entrance gate. The guard shall provide security services including access control, vehicle inspection, visitor assistance, greeting drivers, determining visitor status and destination, checking for badging and parking permits where required, checking vehicles for weapons, checking deliveries, supply visitor information. The guard shall immediately notify the site supervisor via cell phone of any incident. Extreme incidents (as determined by the COR) may require the guard to provide a written report.

4.2. Incidents.

4.2.1. Procedures.

The contractor shall immediately notify the COR/QA of all incidents required to be reported under the current Portland District Commander’s Critical Information Requirements (CCIR).

4.2.1.1 Injury.

Accident, injury, illness or death (i.e., loss of limb or eyesight, lost time, hospitalization, death of Immediate family member, or public death at our controlled property/waterways, possible/attempted self-harm) of District employees, contractors or visitors.

4.2.1.2 Threat.

Suspected or confirmed criminal/threat activity or network attack directed against District projects, IT systems or personnel. Includes planned or active protests or demonstrations at NWP Facilities.

4.2.1.3 Hazards.

Natural/manmade Disasters: For control flood activity (river, coastal, or reservoir) or other hazard events that have potential mission impacts (i.e. earthquakes, tsunami, industrial accidents, severe storms, bridge collapses) to include imminent threat to personnel, facilities or structures, or significant disruption of a project due to hostile actions.

Includes execution of District Continuity of Operations Plan. (USACE, NWD) Sensitive/Classified: Loss or spillage of sensitive items or classified material, PII information, or equipment.

4.2.1.4 Hazardous Conditions.

Contractor personnel are required to immediately report significant hazardous conditions they observe to the COR/QA, and the Moorings site supervisor.

4.2.1.5 Misconduct.

Reports or allegations of sexual harassment or sexual assault involving an NWP employee or contractor.

4.2.1.6 Damage to Corps Property.

The contractor shall notify the COR/QA immediately if any evidence of (new/fresh) damage to Government property is found. If the COR/QA is not immediately available, they are to be notified as soon as they’re available.

4.2.1.7 Damage to Private or Contractor Property.

The contractor shall notify the COR/QA immediately in the event of damages to private property, or any altercation or injury to any person resulting from the Contractor’s operations. If the COR/QA is not immediately available, they are to be notified as soon as they’re available.

4.3. Standard Personal Protective Equipment (PPE):

The contractor will provide each guard the following while performing duties in accordance with the contract terms:

a. Safety Boots (black), compliant with ASTM F 2413-11

b. (Non-white) Hardhat compliant with ANSI Z89.1-2014, with “Security” visibly displayed

c. Reflective vest with “Security” visibly displayed

d. One set of hearing protection

e. One set of black leather gloves

f. Cell phone.

4.4. Uniforms.

Each guard must be dressed in an appropriate uniform that meets the standards of AR 190-56. The contractor shall ensure that all uniforms are maintained, repaired, and replaced as needed in order to meet those standards. Each uniform shall clearly display the discernible awarded contractor insignia and nametag, shall be personally fitted for each contractor employee.

4.5. Cell Phones.

Each guards shall carry a contractor provided cell phone at all times while on duty. The cell phone must be capable of maintaining signal throughout the U.S. Moorings property. Per Army policy, site policies, and state laws, cell phones shall not be used while operating any vehicle. Prior to commencing the work, the contractor shall provide to the COR/QA the cell phone numbers of each guard. The contractor will inform the COR of any revised cell phone numbers within 8 hours of any change.

4.6. Ongoing Communications.

All contractor employees assigned to this contract shall possess effective written and verbal communication skills in the English language and shall have the ability to write descriptive incident reports when required by the COR.

4.7. Work Schedules.

A Guard shall be at the Moorings gate from 0500 continuously until 1700 Monday thru Friday excluding Federal Holidays.

4.7.1. Under FPCON Alpha or Bravo:

• Scheduled shifts shall not exceed 12 hours.

• Shifts of 12 hours shall not be used for more than 5 consecutive days at any time.

• Guards shall not work and or train for more than a combined 110 hours in any 2-week period.

• Guards shall have a mandatory rest period of at least 8 hours between shifts (work/training).

5.0. Performance Requirements Summary

5.1. To ensure that the Government receives the services for which it contracted, the Government will only pay for services received. The Performance Requirements Summary (PRS) determines if the Contractor meets the performance standards of the contract, as well as provides guidelines for how and when surveillance will be performed. It ensures timeliness, effectiveness and that the Contractor is delivering the results specified in the contract. Government contract quality assurance will be performed per the PRS surveillance schedule.

PERFORMANCE REQUIREMENTS SUMMARY

Performance Objective

Performance Standard Surveillance

Validated Complaints/Allowed number of discrepancies

4.0 Guard Services Performance consistent with

the PWS.

Direct Observation & Customer Complaints

Two (2) validated complaints/discrepancies within any given 30 day period.

5.2. 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 conditions noted above exists in accordance to the Quality Assurance Surveillance Plan.

5.3. Surveillance: Direct observation of Government personnel, reported to the COR and Contracting Officer and by customer complaint.

5.4. Unacceptable Performance. When performance is determined unacceptable, as defined in the Performance Requirements Summary, the COR will inform the Contractor’s onsite representative that performance is unacceptable and provide written documentation. Disputes in surveillance should be referred to the Contracting Officer.

5.5. The COR/QA will monitor performance and notify the Contracting Officer of less than acceptable performance.

If any of the services do not conform to contract requirements, the Government may require the contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. 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;

b. Issue Cure Notice;

c. Terminate the contract for Government convenience; and / or

d. Terminate the contract for Cause.

5.6. Correction of Non-Performance of Work. Contractor shall employ an adequate quantity of personnel to insure that any service 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 noncompliance has been observed by or reported to and verified by the COR/QA.

5.7. Damages Caused by the Contractor.

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

5.8. Interference with Government Operations. Contractor and their employees shall perform all work in such a way as to not interfere with regularly scheduled Government operational activities.

6.0 Licensure, Training, and Certifications.

Prior to performing any work on site, each security guard must have or obtain a security guard license through Oregon DPSST. The contractor is responsible for administering all training. The contractor shall ensure that all workforce personnel are familiar with and understand directives and regulations established by Army Regulations 190-56, AR 190-14, AR 25-2, AR 525-27, Army Training Support Package (TSP) TSP-191-SG-0001 and TSP 191–

AS–0001.

The contractor must ensure that all training, licensure, qualifications, and certifications of all guard force personnel remain current.

6.1 Driver’s License.

Each individual Contractor Employee shall possess a valid state driver’s license meeting state and federal requirements for the state of residence at the time of hire and shall maintain a valid license throughout the duration of employment under this contract. If the driver’s license issued by the state does not comply with the requirements of the REAL ID ACT, then the Contractor Employee must provide supplemental identification to meet the Personal Identity Verification (PIV) requirement.

6.2 Background Checks.

Prior to being assigned to work at the site under this contract, Contractor Employees shall meet the applicable background check requirements for state licensing, Project access, NERC CIP access. See section 11 for more information.

The Federal Background Check required by AR 380-67, meets the background check requirements of NERC CIP- 004-6. Contractor employees shall be considered ineligible to work, and shall not be assigned to this contract, until this condition is met. Exceptions: Any person who OPM confirms to have a valid Federal Background Check, as required for their assigned duty station, will be exempted from additional NERC or Federal background check requirements while the existing Federal Background Check remains valid.

Employee Type Background Check Types Required Guards Tier III CSM Tier III All Others NERC 7 year background check

The Security Guards require a Tier III background investigation. The contractor shall make arrangements to have each employee go to the USACE Portland District Security Office in person for fingerprinting and PSIP forms.

Each contractor employee receiving a Tier III will receive instructions from PSIP via e-mail. They will be given a limited time in which to respond and complete the PSIP application. Failure to complete the application in a timely fashion shall cause their rejection from the system and may make them ineligible for further processing.

6.3. Compliance Status.

If there is any change in a Contractor Employees compliance status, the COR/QA shall be notified by telephone within eight (8) hours, with written follow up within 24 hours. The contractor employee shall be removed from duty until the status is corrected.

7.0. Conduct.

If any Contractor or subcontractor employee is removed from any government site for performance or conduct issues, that person shall not be re-assigned to this contract.

7.1 Personnel Conduct.

Contractor personnel shall be required to maintain a high standard of conduct at all times as per AR 190-56.

8.0 Security (Other than those services being explicitly contracted for above)

8.1. 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 prior to 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 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 Resident Attendant Antiterrorism Officer (RA ATO) in presentation form which will be documented via memorandum.

8.2. 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.

8.2.1. The contractor and all sub-contractors employees will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely;

(2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an interim CAC may be issued based on a favorable review of the Federal Bureau of Investigation (FBI) fingerprint check and a successfully scheduled National Agency Check with Inquiries (NACI) at OPM.

8.2.2. 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 Outside Continental United States (OCONUS) locations, in accordance with status of forces agreements and other theater regulations.

8.3 All contractor employees with access to a government info system must be registered in the Army Training Certification Tracking System (ATCTS) at commencement of services, and must successfully complete the DOD Information Assurance Awareness prior to access to the information systems and then annually thereafter in accordance with personnel security standards listed in AR 25-2 (Information Assurance), an appropriate background investigation will be conducted prior to accessing the government information systems.

8.4 All contractor employees and associated sub-contractor employees must complete the DoD IA awareness training before issuance of network access and annually thereafter. All contractor employees working IA/IT functions must comply with DoD and Army training requirements in DoD 8570.01, DoD 8570.01-M and AR 25-2 within six months of employment.

8.5 Contractor shall comply with AR 380-67 (Personnel Security Program) and Homeland Security Presidential Directive 12 (Policy for a Common Identification Standard for Federal Employees and contractors) as well as FAR 52.204-2, Security Requirements. Additionally, contractors must comply with - (1) The Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DoD 5220.22-M); any revisions to DOD 5220.22-M, notice of which has been furnished to the contractor. For classified contracts, the DD Form 254 will be attached with the contract.

8.6 Submit a complete, updated and signed, list of all contractor and subcontractor personnel, including their titles and intended working hours, who will be working on site prior to start of work. This listing shall be revised and resubmitted when personnel changes occur.

8.7 Contractors must present a photo identification (ID) card compliant with the REAL ID Act when arriving onsite.

8.8 Supplemental Security Requirements

8.8.1. Seven (7) Year Criminal Background Check - For each person requiring unescorted access to the Powerhouse or to designated security areas, contractor shall provide a 7-year criminal background check. All costs associated with obtaining the criminal background report shall be at the expense of the contractor. The Project RCC or Security Specialist shall review the report, and Project management will approve, disapprove, or revoke authorization for unescorted access based on the findings of the report.

The report shall be based on a positive ID match using Social Security Number and/or fingerprints, and shall include all of the following:

1 - Report shall include a residence history showing the current residence, regardless of duration, and all other locations where the subject has lived or worked for a period of six (6) months or longer during the preceding seven (7) years 2 - State and county check for the current residence, regardless of duration, and for each jurisdiction where the subject has lived or worked for 6 months or longer during the 7 years immediately preceding the investigation.

3 - A search of federal criminal records, National Criminal Index Search of data sources in all 50 states, the District of Columbia, Puerto Rico, and Guam, and an Office of Foreign Assets Control (OFAC) search for terrorists, narcotics traffickers, and blocked persons.

8.8.2. Personally Identifiable Information (PII) – All transmissions containing PII shall be encrypted or the document(s) containing PII shall be encrypted or password protected. All documents containing PII shall be sent directly to the COR.

8.9. Denial of Access. An unfavorable adjudication of a background check and/or FVA will be considered grounds for denial of access to the project.

Contractor employees shall have no violent, sexual, cyber or terrorism crimes in their records. Contractor employees shall have no domestic violence related misdemeanor convictions as per the Domestic Violence Offender Gun Ban (aka Lautenberg Amendment to the Gun Control Act of 1968).

8.10. Removal of a Contractor Employee for Cause.

Removal of any contractor employee for cause shall require immediate notification to the COR/QA, and recovery of all government provided security items within 8 hours. The Government will not request further details of Contractor Employees employment status; however, the contractor is required to notify the COR/QA and KO immediately if the removed employee is a threat to the project.

9.0 Safety

The contractor shall follow all safety regulations as set by OSHA, Corps of Engineers Safety Manual EM 385-1-1, states of Oregon and Washington and Project Safe Clearance procedures. A copy of the EM 385-1-1 can be downloaded at the following link:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

The latest version in effect on the date of the Solicitation for this contract shall be contractually binding as part of this contract. It is the contractor’s responsibility to be familiar with all applicable safety standards and to comply with them.

Where conflicts in safety regulations occur, the COR shall designate the applicable regulation to be followed.

10. Site Access

10.1. Local Security Requirements.

Access to the project is restricted to authorized personnel. Contractor personnel (other than guards) requesting access shall require the sponsorship and approval of the COR/QA.

10.2. Personal Identity Verification (PIV). All personnel shall have on their possession, prior to entry on a government facility or installation, an identification card containing the minimum information requirements as required by the REAL ID ACT (refer to H.R. 1268). PIV shall be verified, at a minimum, by the badge issuer at the site. Failure to provide an identification card in compliance with the REAL ID ACT shall be grounds for denial of access to a government facility or installation.

11.0. Anti-Terrorism/Operational Security (AT/OPSEC)

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

11.1 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-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."

11.2 Will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas. The contractor will coordinate with the COR and/or the facility security office for access when required. (Use when security clearances are not required, i.e. facility repair or construction). Proposed language: "All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas."

11.3 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. 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.

12.0 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 locations needs. There are the additional requirements that are to be observed by the contractor.

13.0. Invoice Submittal & Contract Administration

13.1. Invoice Submittals. Invoices shall be submitted monthly after two sets of bi-weekly test results have been provided. Invoices 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 Representative: Jon.J.Sandstrom@usace.army.mil Contracting Officer: Mitchell.J.Johnson@usace.army.mil Additional NWP Personnel:

Ladell.C.Ashley@usace.army.mil Anthony.G.Potts@usace.army.mil http://www.uscis.gov/e-verify http://www.dol.gov/whd/regs/compliance/posters/sca.htm mailto:CEFC-G2invoices@usace.army.mil mailto:Jon.J.Sandstrom@usace.army.mil mailto:Mitchell.J.Johnson@usace.army.mil mailto:Ladell.C.Ashley@usace.army.mil mailto:Anthony.G.Potts@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.

13.2. Contract Administration.

Department of the Army, Portland District, Corps of Engineers P. O. Box 2946 Attn: CECT-NWP Portland, Oregon 97208-2946