A02-PWS-RG 2.6.25.docx

Performance Work Statement (PWS) For Cable Television Services at the National Mine Health and Safety Academy 1301 Airport Road Beaver, WV 25813

Dated: February 6, 2025

PART 1

General Information

1.1 Description of Services/Introduction:

The Mine Safety and Health Administration (MSHA) is to obtain a contract for cable television services at the National Mine Health and Safety Academy. The contract will provide cable television throughout the facility.

1.2 Background:

The mission of the Mine Safety and Health Administration (MSHA) is to protect the safety and health of the nation’s miners. The National Mine Health and Safety Academy was constructed on 74 acres in the early 1970s with the intent to provide a self-contained training facility for the Agency and the mining industry. Mining professionals from across the United States and many foreign countries come to the Academy for health and safety training. The Academy complex, which opened in 1976, consists of 9 buildings, seven of which are inter-connected, making up 347,410 square feet and includes classrooms and laboratories accommodating 600 students, a residence hall of 174 lodging rooms, a cafeteria, a library, auditorium, and wellness facilities.

1.3 Objectives:

The objective of this procurement is to acquire a service contract for cable television services performed at the National Mine Health & Safety Academy for a 12-month base period and four, 12-month option periods.

1.4 Scope:

The Contractor shall provide all resources equipment, tools, and materials necessary to provide cable television services as defined in this Performance Work Statement. The Contractor shall perform to the standards in this contract.

1.5 Period of Performance:

The period of performance shall be for one 12-month base period and four 12-month option periods.

The period of performance shall be as follows:

The government reserves the right to extend the term of this contract action at the prices set forth in Section B in accordance with the terms and conditions contained in clause 52.217-9 entitled, “Option to Extend the Term of the Contract”.

1.6 General Information:

1.6.1 Quality Control:

The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s quality control program is how assured that the work complies with the requirement of the contract. As a minimum, the Contractor shall develop quality control procedures that address the areas identified in Technical Exhibit 1, “Performance Requirements Summary”. After acceptance of the quality control plan the Contractor shall receive the Contracting Officer’s acceptance in writing of any proposed change to his QC system.

The Quality Control Plan is to be delivered within 30 days after contract award.

1.6.2 Quality Assurance:

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

1.6.3 Government Remedies:

The Contracting Officer shall follow FAR 52.212-4, “Contract Terms and Conditions-Commercial Items” or 52.246-4, “Inspection of Services-Fixed Price” for contractor’s failure to perform satisfactory services or failure to correct non-conforming services.

1.6.4 Recognized Holidays:

Independence Day

1.6.5 Hours of Operation:

The Mine Safety and Health Administration (MSHA) hours of operation shall be between the hours of 8:00 am through 4:00 pm Monday through Friday except Federal holidays and days on which Federal employees are granted administrative leave.

However, due to the nature of the Academy’s functions, the COR may request some services to be performed at odd hours of the day and night and/or over a holiday period if an emergency situation should arise.

1.6.6 Place of Performance:

Place of performance shall be at the following location

Mine Safety & Health Administration (MSHA) 1301 Airport Road Beaver, WV 25813

1.6.7 Type of Contract:

The government anticipates award of a firm fixed price contract.

1.6.8 Security Requirements:

Contractor staffs are required to conform to MSHA's security and privacy requirements as described below.

1.6.8.1 Physical Security

The contractor shall be responsible for safeguarding all government property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.6.8.2 Key Control

The contractor shall establish and implement methods of making sure all.

Keys/key cards issued to the contractor by the government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the contractor by the government shall be duplicated. The contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the Contracting Officer.

1.6.8.3 Lost Keys

In the event keys, other than master keys, are lost or duplicated, the contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the government, at its option, may replace the affected lock or locks or perform re-keying. When the government, the total cost of re-keying or the replacement of the lock, performs the replacement of locks or rekeying or locks shall be deducted from the monthly payment due the contractor. In the event a master key is lost or duplicated, the government and the total shall replace all locks and keys for that system cost deducted from the monthly payment due the contractor.

1.6.8.4 Key Use

The contractor shall prohibit the use of government issued keys/key cards by any persons other than the contractor’s employees. The contractor shall prohibit the opening of locked areas by contractor employees to permit entrance of persons other than contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer.

1.6.8.5 Conservation of Utilities

The contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish cleaning vehicles and equipment.

1.6.9 Special Qualifications:

The Contractor will provide proof that they have obtained all licenses and permits required by law to engage in the activities that are required in connection with the Performance Work Statement. The Contractor shall conform to all required safety regulations and codes for OSHA, ASME, the Academy, County, State, and the Federal Government. All applicable confined space or Lockout/Tagout procedures shall be adhered to.

1.6.10 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 Officer’s Representative (COR), and other government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings, the Contracting Officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.6.11 Contracting Officer’s Representative:

The Contracting Officer Representative (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially about changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting contract. The Contractor will in the performance of this requirement immediately notify the COR or the MSHA Point of Contact if the time and/or service obligations of this contract cannot be met due to inclement weather, civil disturbances, equipment failure, illness, etc.

1.6.12 Key Personnel:

The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the Contracting Officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract action. The contract manager or alternate shall be available between 8:00 a.m. to 4:30p.m., Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons.

1.6.13 Identification of Contractor Employees:

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

1.6.14 Organizational Conflict of Interest:

Contractor and subcontractor personnel performing work under this contract action may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI), as defined in FAR Subpart 9.5. The contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the contractor from participation in subsequent contracted requirements which may be affected by the OCI.

Part 2

Definition & Acronyms

Contractor (CTR). A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime. The prime Contractor shall ensure that the subcontractors comply with the terms and conditions of this contract.

Contracting Officer (CO). 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.

Contracting Officer’s Representative (COR). A representative from the requiring activity assigned by the Contracting Officer to perform surveillance and to act as liaison to the contractor

Defective Service. A service output that does not meet the standard of performance associated with it in the Performance Work Statement.

Deliverable. Anything that can be physically delivered but may include non-manufactured things such as meeting minutes or reports.

Department of Labor (DOL)

Mine Safety and Health Administration (MSHA)

Performance Work Statement (PWS). Document defining the objectives and end results of the Government requirements

Quality Assurance (QA). Those actions taken by the government to assure services meet the requirements of the Performance Work Statement.

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

Quality Control (QC). Those actions taken by a contractor to control the performance of services so that they meet the requirements of the PWS.

Sub-Contractor. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

Part 3

Government Furnished Property, Equipment, And Services

3.1 General:

Knowledgeable MSHA personnel will be made available to direct the Contractor to locations of the cable drops at National Mine Health and Safety Academy and may assist as needed. Utilities are available at the work site at no cost to the Contractor. Government will provide any available drawings related to this project as needed by the Contractor.

3.2 Services:

3.2.1 Utilities:

All utilities in the facility will be available for the Contractor’s use in performance of duties outlined in this PWS. The Contractor shall instruct employees in utilities conservation practices. The Contractor shall be responsible for operating under conditions that preclude the waste of utilities.

3.2.2 Facilities:

The Contractor will furnish necessary equipment to perform the effort(s) outlined in this PWS remotely, at a location other than a government-owned or Contractor-owned facility. If deemed necessary, the Government may issue, at its discretion, supplemental equipment (e.g., computing equipment).

Part 4

Contractor Furnish Items and Services

4.1 General:

In pursuance of the Performance Work Statement described, the contractor shall furnish all necessary personnel and materials required to perform the tasks under these requirements.

The Contractor will provide trained personnel to include all covered services, labor, materials, supplies, equipment, and travel for the services listed herein.

Service includes:

•Cable television signal •Support from only Contractor certified technicians •On-site labor, travel, and parts during normal business hours •Consultative services •Priority on-site service support and 24-hour technical phone support

Part 5

Specific Tasks

5.1 Services:

The scope for this effort is The Contractor shall provide labor, materials, equipment, supervision, and incidental supplies to provide cable television services to the National Mine Health and Safety Academy.

5.1.1 Installation of Cable Services

The Contractor will provide trained personnel, all labor, materials, supplies, equipment, and travel for installation, upgrades, and providing cable television services. The Contractor will provide cable television signal. The channel lineup will include local channels, DirecTV’s 69 channel offer, and the Entertainment package offered by DirecTV. (See Attachment 1) for approximately 209 cable television hookups at the NMH&S Academy in the Dormitory Rooms, common areas, Classrooms/Labs, Conference Rooms, Library, Auditorium, select offices, Gym and various other locations located throughout the Academy.

The awardee’s rate shall include any applicable initial connection, disconnection, and relocation of outlet services for the subscription. The Government may request the Contractor to add additional drops as it sees necessary via bilateral modification to the contract. Any modifications will be proposed to the COR and Contract Specialist by cost proposal and approved by the Contracting Officer. The Contractor shall not install any outlet or cable connection without a contract modification or written approval from the Contracting Officer.

5.1.2 Maintenance of Cable Services

The Contractor shall at all times maintain the system in good condition and repair to provide uninterrupted service in conformance with the standards and requirements set forth in this contract. When necessary to come on site to resolve issues the Contractor shall respond within 24 hours. The Contractor shall limit to the shortest time possible, any interruption of service for the purpose of maintaining, repairing, or upgrading the system. Preplanned interruptions shall be preceded by notice to COR and Contract Specialist and shall occur during periods of lowest subscriber viewing and by agreement between the Contractor and the Government.

Part 6

Technical Exhibit Index

1. Technical Exhibit 1 – Performance Requirements Summary

2. Technical Exhibit 2 – Deliverables Schedule

3. Technical Exhibit 3 – Channel Lineup

Technical Exhibit 1

Performance Requirements Summary

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

Technical Exhibit 2

Deliverables Schedule

All deliverables shall be submitted to the COR unless otherwise agreed upon.

Unless otherwise specified, the Government will have a maximum of ten (10) working days from the day the draft deliverable is received to review the document, provide comments back to the contractor, approve or disapprove the deliverable(s). The contractor will also have a maximum of ten (10) working days from the day comments are received to incorporate all changes and submit the final deliverable to the Government. All days identified below are intended to be workdays unless otherwise specified.

Deliverables Schedule:

Technical Exhibit 3

Channel Lineup

This is the previous channel lineup. The Government must have local channels, and the additional channels must be similar to this.

LOCALS

ABC – WOAY (4)

NBC – WVVA (6)

PBS – WSWP (9)

IND – WLFB (40)

CBS – WVNS (59)

FOX/NMT (60)

GENERAL VIEWING

Cartoon Network Disney Channel Nickelodeon/Nick At Night Hallmark Channel TV Land Freeform Lifetime Television A&E USA Network

TBS

TNT

FX

The Learning Channel Discovery Animal Planet History Channel National Geographic Channel Velocity Food Network

HGTV

NEWS & INFORMATION

CNN

HLN

FOX News Channel

MSNBC

CNBC

WeatherNation

SPORTS

ESPN

ESPN2

ESPN News

ESPNU

FOX Sports 1 BIG TEN Network

MUSIC PLUS

CMT

VH1

MTV

BET

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