Attachment 1- Commercial Rental Vehicle Services Panama PWS.pdf

PERFORMANCE WORK STATEMENT (PWS)

Version 1

October 2023

410th Ver 1 2023-10

Panama Commercial Rental Vehicle Services

17 March 2026

Part 1

General Information

1. GENERAL: This is a non-personal services contract under which the personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees. The United States (U.S.) Government shall not exercise any supervision or control over the Contractor’s employees performing the tasks herein. Such contract employees shall be accountable solely to the Contractor who, in turn shall be responsible to the U.S. Government.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to provide commercial rental vehicle services as defined in this PWS except for those items specified as government furnished property (GFP) and government furnished services (GFS). The contractor shall perform to the standards in this contract.

1.2 Background: Commercial rental vehicle services for U.S. Government in support of Missions and Exercises in Panama which are U.S. Government sponsored foreign military interaction exercises designed to develop participants interoperability, domain awareness, information sharing and counter threat capabilities.

1.3 Objectives: The Contractor provides the U.S. Government with commercial rental vehicle services, without driver or with driver to include fuel, throughout duration of the contract.

1.4 Scope: The Contractor shall provide non-personal services to the U.S. Government with commercial rental vehicle services at locations and dates specified in each Blanket Purchase Agreement (BPA) call. All vehicles shall be delivered with a full tank of fuel at pick-up. If driver services are required, all vehicles shall be delivered with a full tank of fuel to start the mission and shall include refueling as part of the agreement throughout the specified period of performance. The contractor shall accomplish services in coordination with the Contracting Officer (KO) and the Contracting Officer Representative (COR).

1.5 Period of Performance: Period of Performance shall be specified at time of placement of the BPA Call.

1.6 General Information:

1.6.1 Quality Control Plan (QCP): Reserved.

1.6.2 Quality Assurance (QA): The government shall evaluate the contractor’s performance under this contract in accordance with (IAW) the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed IAW the performance standards and contract quality requirements are met. Contract quality requirements means the technical requirements in the contract relating to the quality of the product or service and those contract clauses prescribing inspection, and other quality controls incumbent on the contractor, to ensure the product or service conforms to the contractual requirements. It defines how the performance standards will be applied, the frequency of surveillance, the performance threshold, and deductions, if applicable.

1.6.3 Recognized Holidays: The Contractor shall perform services on all holidays unless the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.6.4 Hours of Operation: The contractor is responsible for conducting business between the hours of 7:00AM to 7:00PM Monday through Sunday, to include all Federal holidays unless when the Government

October 2023 facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must, at all times, maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons.

1.6.5 Place of Performance: The work to be performed under this contract will be performed at the locations and dates specified in the BPA Call.

1.6.6 Type of Contract: The government anticipates award of a firm-fixed price contract.

1.6.7 Access and General Protection Policy and Procedures:

1.6.7.1 FPCON: In addition to the changes otherwise authorized by the changes of clause of contract, should the US Government Force Protection Condition (FPCON) at any individual installation change, the Government may require changes in contractor security matters or process in accordance with DoDI

2000.16. During FPCONs Charlie and Delta, only contract services that have been deemed “mission essential” by the Government will continue. Contract services will resume when the FPCON is reduced to Bravo or lower.

1.6.7.2 Physical Security: The contractor shall be responsible for safeguarding all government equipment, information, and property provided for contractor use.

1.6.7.3 Escorts: The Contractor and all associated sub-contractor employees performing services under this contract shall be escorted at all times by host nation security personnel or by an individual designated by the Contracting Officer Representative (COR) while accessing U.S. facilities or activities.

1.6.7.4 Personnel Security Clearance Requirements: Reserved.

1.6.7.4.1 Operations Security (OPSEC) Requirements: Contractor personnel shall adhere to facility security policies and restrictions. U.S. and Panamanian government issued access badges shall not be worn outside designated facilities where visible to the general public. The Contractor shall immediately report suspicious activities to security personnel.

1.6.7.5 Background Checks: The Contractor shall ensure contractor employees and subcontractor employees performing services under this contract have passed a security check conducted by the Host Nation Police Department of their residence or the State Police Department of their U.S. residence.

Security checks that have been completed as part of a personnel security clearance background investigation, or a previous background check that was a condition of employment, meet this requirement.

Documentation of these checks will be made available to the KO or COR within 10 days of request.

The KO and/or COR will submit information to ARSOUTH G2/OPD. The Government retains the right to exclude any employee from performance of duties under this contract if a background security check reveals an employee is a security risk. The exclusion of an employee for security reasons will not relieve the Contractor from performance of services required under this contract. If the Government determines additional background checks are required, at a minimum, and upon request from the Government, the Contractor shall provide to the KO or COR, the following information on any contractor or subcontractor employee performing services under this contract:

Full birth name Married name (if applicable) SSN or local equivalent (ID card number) Date of birth Place of birth (city, country) Home telephone number Cellular telephone number Email address

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1.6.7.5.1 Background Check Notification Requirements: If a background check on any employee or subcontractor employee performing services under this contract, whether the check was conducted as a condition of employment or as part of the contract with the Government, reveals any information from any source (including host country law enforcement) of criminal activity by Contractor employees, subcontractors, or subcontractor employees, the Contractor shall notify the KO and COR of that information within 24 hours. The Contractor shall make notification of:

(1) Traffic violations, other than parking, will be reported to the KO or COR only if the contract includes drivers for the Government;

(2) Any suspicious activity by Contractor employees, subcontractors, or subcontractor employees the Contractor believes may pose a risk to U.S. or host nation national security or imminent risk of deadly bodily harm to any person; and

(3) Any actions taken against Contractor employees, subcontractors, or subcontractor employees pursuant to this requirement.

1.6.7.5.2 Remedies: In addition to other remedies available to the Government, the Contractor’s failure to comply with the requirements of this paragraph my result in requiring the Contractor to remove a Contractor employee or employees from the performance of the contract.

1.6.7.5.3 Subcontracts: The Contractor shall include the substance of this paragraph and the preceding paragraph in all subcontracts.

1.6.7.6 Uncleared Contractor Common Access Card (CAC) Credentialing and Access Procedures:

Reserved.

1.6.7.6.1 Contractor Common Access Card (CAC) Eligible Requirements: Reserved.

1.6.7.6.1.1 Federal Installation/Facility Access: 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 employee performing services under this contract shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services, Security Office or the host nation equivalent.

1.6.7.6.2. Contractor Non CAC Eligible Requirements for DOD Facility and Installation Access: Reserved.

1.6.7.7 Employment Eligibility: The Contractor shall ensure that all Contractor employees and sub-contractor employees performing services under this contract are Panama nationals. Entry to Military bases by contractors with an out-of-country visa will be denied and services will not be performed.

1.6.7.8 Access to Government Information Systems: Reserved.

1.6.7.9 Key Control: Reserved.

1.6.7.10 Lock Combinations: Reserved.

1.6.8 Post Award Conference/Contract Periodic Progress Meetings: The Contractor shall attend the post award conference convened by the contracting activity or contract administration office IAW Federal Acquisition Regulation (FAR) Subpart 42.5. The KO, COR, with other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the KO 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

October 2023 government. Knowledge of any items that impact the unit’s ability to conduct its mission or support operations, as well as measure taken to resolve these shortcomings, will not be disseminated outside of need-to-know channels.

1.6.9 Contracting Officer Representative (COR): The 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: ensure 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, including Government drawings, designs, specifications; monitor Contractor's performance and notifies both the KO 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 with regard to 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 order.

1.6.10 Key Personnel: The following contractor personnel are considered key personnel by the government: The Contractor shall designate in writing a Contract Manager who has the authority to resolve issues affecting delivery, servicing, and maintenance of contracted vehicles throughout the contract period.

An electronic copy of the letter of instruction will be provided to the COR seven (7) days before contract start date The Contract Manager shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract and shall be available throughout duration of the contract between the hours of 7:00AM to 7:00PM while services are required by the Government. The contractor shall provide the COR a letter of instruction in writing with the name and telephone number of the Contract Manager that has the authority to resolve any issues with the services.

Qualifications for all key personnel are listed below:

Contract Manager and Alternate Contract Manager

1.6.11 Special Qualifications or Certifications: The Contract Manager and Alternate Contract Manager shall be able to read, speak, and write English at a minimum level II proficiency IAW https://www.govtilr.org/Skills/ILRscale2.htm.

1.6.11.1 IA/IT Training Certification: Reserved.

1.6.12 Identification of Contractor Employees: Contractor employees shall identify themselves as Contractor personnel and shall avoid representing themselves as Government employees. This identification includes meeting attendance, answering Government telephones, email communications, and working in other situations where Contractor status is not obvious. Contractor personnel identification shall be easily identifiable through the display of badges, name tags, lanyards, etc.

1.6.12.1 Badging of Contractor Employees: If required by the Government, contract personnel and all associated subcontractors employees accessing U.S. facilities or activities, shall present a valid picture ID provided by the Government while accessing Government owned or contracted facilities and shall adhere to facility security policies and restrictions. If applicable, Government issued access badges will not be worn outside designated facility where visible to the general public. Contractor personnel shall return all U.S. Government issued identification to appropriate U.S. Government authorities not later than 5:00PM on the last day of their contractual duties. While on U.S. Government/Host controlled facilities, Contractors will wear and display access badges so as to be clearly visible. Contractor employees will protect and account for these credentials and immediately notify COR/KO if badges are lost, compromised or unaccounted for. The copying and/or reproduction of access badges by unauthorized personnel is not allowed including the posting of images on publicly viewable/accessible forums, online or social media.

The use of access badges/credentials by any other individual not directly supporting the contract is not permitted.

https://www.govtilr.org/Skills/ILRscale2.htm

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1.6.12.2 Uniform: If driver is requested, the contractor shall provide a standard uniform for all Contractor and subcontractor employees performing services under this contract, and ensure they wear the uniform during appointed duty hours. The uniform may consist of the same type and color shirt and slacks for all workers. Company logo is optional.

1.6.13 Contractor Travel: Reserved.

1.6.14 Other Direct Costs (ODC): Reserved.

1.6.15 Data Rights: Reserved.

1.6.16 Non-Disclosure Requirements: Performance under this contract may require the Contractor to access data and information proprietary to a Government agency, another Government Contractor, or of such nature that its dissemination or use other than as specified in this work statement would be adverse to the interests of the Government or others. Neither the Contractor, nor Contractor personnel, shall divulge, nor release data or information developed, or obtained under performance of this work statement, except to authorize Government personnel or upon written approval of the KO. The Contractor shall not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as specified in this PWS. All documentation showing individual names or other personal information shall apply, and shall be controlled and protected under the provisions of the Privacy Act of 1974, Public Law 93-579, 5 United States Code (U.S.C.) Section 552a.

1.6.16.1 Non-Disclosure Statements: The Contractor shall provide to the Government signed non-disclosure agreements from all employees assigned under any BPA Call prior to commencement of work under the contract. Disclosure of information by Contractor personnel may result in Contractor personnel removal from performance of duties under this contract.

1.6.16.2 Advertisement and Social Media: The Contractor shall NOT post information to public website or social media locations, personal or professional, that in any way disclose names, locations, hotel data, participants, discussions, pictures, etc. before, during or after the contract period of performance without the express consent of the Government. The use of propaganda violates DOD Commercial Use of Imagery Guidelines stated at (www.dimoc.mil/resourcess/limitations/). The Contractor shall not cite any information (e.g., contract information, pictures, locations, etc.) obtained through this contract on any marketing tools to include its company website.

1.6.16.3 INFORMATION ASSURANCE: At no time will the Contractor or associated sub-contractor employees transmit government documents or information over using methods that do not meet the security requirements specified in the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, "Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations" such as personal electronic mail accounts, public digital data storage sites (cloud storage), social media platforms or instant messaging. Approved government sites such as U.S. Army Aviation and Missile Research Development and Engineering Center (ARMDEC) Safe Exchange at https://safe.amrdec.army.mil/SAFE/About.aspx, or All Partners Access Network (APAN) at https://community.apan.org/, or other transmission means determined by the government must be used.

1.6.17 Organizational Conflict of Interest (OCI): Contractor and subcontractor personnel performing work under this contract 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 KO 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 KO to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO and in the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO 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.

http://www.dimoc.mil/resourcess/limitations/

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1.6.18 Phase-in/Phase-Out (PIPO) Period: Reserved.

1.6.19 General Training Requirements:

1.6.19.1 Anti-Terrorism (AT) Level I Training: Reserved.

1.6.19.2 OPSEC Awareness: If the Contractor, or a subcontractor, or employees of either disclose any information that disrupts or harms the Government's operations or activities, then the Government retains the right to exclude any employee from performance of duties under this contract. The exclusion of an employee for security reasons will not relieve the Contractor from performance of services required under this contract. By way of example, personnel shall not sketch or take photos of government facilities or activities, unless related to service to be provided. All government paper products and removable digital storage material that is received, generated, or stored during the contract will be destroyed completely when no longer needed to preclude recognition of information.

1.6.19.3 Information Assurance (IA) Training: Reserved.

1.6.19.4 Information Assurance (IA)/Information Technology (IT) Training: Reserved.

1.6.19.5 Threat Awareness Reporting Program (TARP Training): Reserved.

1.6.19.6 iWATCH Training: Reserved.

1.6.19.7 OPSEC Training: Reserved.

1.6.20 Overseas Training Requirements: Reserved.

1.6.20.1 Antiterrorism (AT) Awareness Training for Contractor Personnel Traveling: Reserved.

1.6.20.2 SERE Training: Reserved.

1.6.21 Foreign (OCONUS) Requirements: Reserved.

1.6.21.1 Theater and Country Clearance Requirements: Reserved.

1.6.21.2 Vetting: Where required, the Contractor company and all associated sub-contractor companies, must have been vetted by the US Embassy in the country which the contract will be performed. For the purposes of this contract, the company is considered vetted if the company is located in the country which the contract will be performed unless the company has been previously barred from performing services for the Government. If during a previous vetting process the company was barred from performing service for the Government, then that is grounds for termination of the contract. If the company is located outside of the country which the contract will be performed, the company must be vetted by the US Embassy in the country of performance. Vetting will coordinated through the US Embassy's DOD Security Cooperation Office (SCO) in the country of performance. If during any previous vetting process in other countries, the company is found to be barred from performing services for the Government; this finding is grounds for termination of the contract.

1.6.21.2.1 The Contractor shall provide a fully qualified workforce who possesses the training, skills, licenses, clearances, certifications and experience to successfully perform the services required in this PWS. Contractor employees remain under the direct supervision of the contractor and will not be considered employees of the Government. All contractor personnel shall be cleared by the Regional Security Office (RSO) prior to employment and at the contractor’s expense (see Para 1.6.7.1 for more information). The contractor shall not employ any person whose employment results in a conflict of interest under DoD 5500.7-R, Joint Ethics Regulation. The contractor must demonstrate registry or other certification which authorizes the company to perform and do business in the country of Panama.

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1.6.21.3 Installation Access to DOD Facility or Host Nation Installation: Contractor and all subcontractor employees performing services under this contract shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) (U.S. citizen and residents only), and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and areas commander installation/facility access and local security policies and procedures (provided by the COR or KO), and status of forces agreements or other diplomatic agreements. The employee performing services under this contract shall provide all information required for background checks to meet installation access requirements to the installation Provost Marshal Office, Director of Emergency Services, Security Office, or host nation equivalent.

1.6.21.4 Host Nation Installation Access with No DOD Facility: Contractor and all associated subcontractor employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures. The employee performing services under this contract shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services, Security Office or the host nation equivalent.

1.6.21.5 Deoxyribonucleic Acid (DNA) Samples: Reserved.

1.6.21.6 Medical Travel Requirement: Reserved.

1.6.22 Synchronized Pre-deployment and Operational Tracker (SPOT): Reserved.

1.6.23 Safety: Reserved.

1.6.24 Environmental Compliance: Reserved.

October 2023

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. Definitions:

2.1.1 Area of Responsibility: The U.S. Southern Command (USSOUTHCOM) area of responsibility (AOR) includes the geographic areas of Antigua and Barbuda, Argentina, Aruba, Barbados, Belize, Bolivia, Brazil, British Virgin Islands, Cayman Islands, Chile, Colombia, Costa Rica, Cuba, Curacao, Dominica, Dominican Republic, Ecuador, Panama, Falkland Islands, French Guiana, Grenada, Guadeloupe, Guatemala, Guyana, Haiti, Honduras, Jamaica, Martinique, Mayotte, Montserrat, Nicaragua, Panama, Paraguay, Peru, Saint Barthélemy, Saint Martin, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Saint Maarten, Suriname, Trinidad and Tobago, Turks and Caicos Islands, Uruguay, and Venezuela.

2.1.2. Contractor: The total contractor organization or a separate entity of it; such as an affiliate, division, or plant that performs its own purchasing.

2.1.3. Contracting Officer (KO): A person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

2.1.4. Contracting Officer’s Representative (COR): An individual designated and authorized in writing by the contracting officer to perform specific technical or administrative functions.

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

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

2.1.7. Foreign National: A foreign national is not a U.S. citizen. Green card holders are also identified as foreign nationals. A foreign national is further categorized as either a third country national or a local national based on the person’s citizenship and location of performance of duty.

2.1.8. Key Personnel: Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.9. Local National: Local nationals are foreign nationals who are citizens of the country where the performance of duty will occur.

2.1.10. Performance Work Statement (PWS): A statement of work for performance-based acquisitions that describes the required results in clear, specific, and objective terms with measurable outcomes.

2.1.11. Physical Security: Protection of the perimeter area, government property, and assets that prevent the loss or damage of Government property.

2.1.12. Quality Assurance: The various functions, including inspection, performed by the government to determine whether a Contractor has fulfilled the contract obligations pertaining to quality and quantity.

2.1.13. Quality Assurance Surveillance Plan (QASP): A plan describing how the agency will survey, observe, test, sample, evaluate and document the Contractor’s performance in meeting critical performance standards identified in the contract.

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2.1.14. Quality Control (QC): Tasks performed by the Contractor to improve the quality of the organization’s output.

2.1.15. Shall: An imperative command; has a duty to or is required to. Denotes that a regulation must be followed unless the contracting officer has obtained a deviation.

2.1.16. Subcontractor: Any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.

2.1.17. Third Country National: Third country nationals are foreign nationals who are not citizens of the country where the performance of duty will occur.

2.1.18. Work Day: The number of hours per day the Contractor provides services in accordance with the contract.

2.1.19. Work Week: Monday through Friday, unless specified otherwise.

2.2 Acronyms:

AFFSSIR Armed Forces Repository of Specimen Samples ALMS Army Learning Management System ANSI American National Standards Institute AOR Area of Responsibility AR Army Regulation ATCTS Army Training Certification Tracking System AT Anti-Terrorism CAC Common Access Card CFR Code of Federal Regulations CI Counter Intelligence CLIN Contract Line Item Number CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative DD Form 254 Department of Defense Contract Security Requirement List DNA Deoxyribonucleic Acid (DNA) DOD Department of Defense DODD Department of Defense Directive DODI Department of Defense Instruction FAR Federal Acquisition Regulation FHP Force Health Protection FCG Foreign Clearance Guide FN Foreign National FY Fiscal Year GFE Government Furnished Equipment GFP Government Furnished Property GFS Government Furnished Services IA Information Assurance IAW In Accordance With IT Information Technology JPAS Joint Personnel Adjudication System JTR Joint Travel Regulation KO Contracting Officer LN Local National LOA Letter of Authorization NCIC-III National Crime Information Center Interstate Identification Index

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NIST National Institute of Standards and Technology ODC Other Direct Costs OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs OSHA Occupational Safety and Health Administration OPSEC Operation Security PIPO Phase In/Phase Out PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QASP Quality Assurance Surveillance Plan QCP Quality Control Program RA Requiring Activity SCR Service Contract Reporting SOP Standard Operating Procedures SPOT Synchronized Predeployment and Operational Tracker TCN Third Country National TE Technical Exhibit TSDB Terrorist Screening Data Base U.S.C. United States Code USSOUTHCOM United States Southern Command

October 2023

PART 3

Government Furnished Equipment (GFE), Government Furnished Property (GFP), and Government Furnished Services (GFS)

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: Reserved.

3.2 Facilities: Reserved.

3.3 Utilities: Reserved.

3.4 Equipment: Reserved.

3.5 Materials: Reserved.

3.6 Common Access Cards (CAC): Reserved.

October 2023

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Part 3 of this PWS.

4.2 Facility Security Clearance: Reserved.

4.3. Materials: The Contractor shall provide Commercial Rental Vehicles, no older than 3 years of age, and all equipment necessary to meet the requirements under this contract. The contractor shall include fuel as part of the contract if driver is requested.

4.4. Equipment: Reserved.

4.5 Insurance: All insurances required by the Government of Panama to operate within the country shall be obtained and maintained as required by the Government of Panama. Insurance requirements include but are not limited to Third Party Damage, First Person Fatality, Additional person Fatalities, Criminal court representation and Civil Representation.

4.5.1 Defense Base Act (DBA) Insurance - Worker’s Compensation: Reserved.

4.5.2 General Liability Insurance: Bodily injury liability insurance, in the minimum limits as established by the Government of Panama, per occurrence shall be required on the comprehensive form of policy.

4.5.3 Automobile Liability Insurance for Contractor Owned/Leased Vehicles: This insurance shall be required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract.

At least the minimum limits as established by the Government of Panama shall be required.

4.6 Payment of Wages/Salaries: The contractor shall be responsible for payment of all employee salaries, vacations, social security, medical insurance, family subsistence and all other entitlements required by Panamanian labor laws. At a minimum, the Contractor shall adhere to applicable wages established by the Government of Panama. Additionally, the Contractor will make a good faith attempt to provide reasonable wages to maintain stability in the workforce.

4.7 Contractor Vehicles and Passes: All contractor employees’ and Contractor’s subcontractor vehicles used for the performance of this contract shall comply with all Panamanian Government Regulations. In addition, all vehicles described above must be registered through the Government of Panama or with the installation office for the Panamanian Military Base that they are working on. Pass and Registration will comply with Panamanian Installation Commander Directives.

4.7.1 Vehicle and personal passes are the property of the Government of Panama and will be surrendered upon termination of employment or the end of the contract performance period to the COR. Any pass will be surrendered to US or Panamanian Security Forces upon demand to positively identify a person’s need to be on a Panamanian Military Installation or the grounds of the US Embassy, Panama, or other facilities based on duty location.

4.8 Vehicles Maintenance: The contractor shall perform both scheduled and unscheduled maintenance at a facility he designates. All repairs will be completed within 12 hours of notification. The Contractor shall provide all parts, labor, and expertise necessary to complete required maintenance tasks. Parts include those items that must be replaced due to fair wear and tear such as windshield wipers, tires, headlamps, filters, fluids, and lubricants. The contractor shall be responsible for all scheduled, unscheduled maintenance, and fair wear and tear item costs.

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4.8.1 The Contractor shall perform scheduled maintenance, periodic manufacture prescribed inspections and/or servicing of equipment every 30 days in accordance with the manufacturers recommended specifications; maintenance that is not scheduled but is required to correct deficiencies and to restore the vehicle or equipment to a serviceable condition.

4.9 The Contractor shall provide all lodging, meals, and transportation for contracted drivers regardless of the place of performance.

October 2023

PART 5

SPECIFIC TASKS

5. Specific Tasks: The Contractor shall provide non-personal services to the U.S. Government with commercial rental vehicle services at locations and dates specified in each BPA call. All vehicles shall be delivered with a full tank of fuel at pick-up. If driver services are required, all vehicles shall be delivered with a full talk of fuel to start the mission and shall include refueling as part of the agreement throughout the specified period of performance. The contractor shall accomplish services in coordination with the Contracting Officer (KO_ and the Contracting Officer Representative (COR).

Tasks consist of the following:

5.1 Basic Services: The Contractor shall provide commercial rental vehicle services with driver, when requested, 12 hours per day per paragraph 1.6.4. All vehicles shall be delivered with a full tank of fuel to start the mission and shall include refueling as part of the contract throughout the contract performance period if driver is requested.

5.1.1 Vehicle Standards: The Contractor shall provide diesel or gasoline type vehicles with drivers per paragraph 1.6.4.

(a) STD Vehicles must be “full size” with a seating capacity for four or seven adult passengers, and enough cargo space for two large size luggage and equipment. STD Vans must have ten (10) or fifteen

(15) passenger seating capacity.

Acceptable Quality Level (AQL) – 100% Compliant.

(b) STD Vehicles must not be older than two (2) years old unless approved by the US Government.

(c) STD Vehicles and systems shall be fully operational and fitted with standard safety equipment as required by local transportation laws. Vehicles must be equipped with power steering, power brakes, air conditioning system, seat belts, serviceable spare tire, jack and tire tools, warning devices (such as a warning triangle) and no front windshield cracks or breaks.

(d) STD Vehicles must be in compliance with all local vehicle and transportation regulations during the entire period of contract performance.

Acceptable Quality Level (AQL) – 100% Compliant.

(e) STD Vehicles shall have full coverage insurance with $0.00 deductible, collision waiver, medical and third party's insurance included.

Acceptable Quality Level (AQL) – 100% Compliant.

5.1.2 Maintenance:

(a) The Contractor shall repair or replace damaged vehicles with the same type of vehicle within 24-hour notification from the COR.

(b) The Contractor shall have the availability of back up vehicles to transport personnel in the event of maintenance breakdowns and or accidents.

(c) The Contractor shall provide a replacement vehicle to be used during all scheduled and non-scheduled maintenance.

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5.2 Drivers:

(a) The Contractor will provide drivers to cover a continuous 12-hour work schedule per day from 7:00AM to 7:00PM each day to include weekends and holidays.

(b) Drivers must be fully licensed and insured before operating their assigned vehicle and must have a safe driving record for the last year.

(c) Drivers shall be able to read, speak, and write English at a minimum level II proficiency IAW https://www.govtilr.org/Skills/ILRscale2.htm.

(d) The Contractor shall ensure that drivers are able and capable of safely operating vehicles and are not under the effects of alcohol or drugs at least 8 hours prior to and during the performance of their duties. Any driver suspected of reporting for duty under the effects of alcohol or drugs shall be immediately reported to the COR. Any driver found to be under the influence of drugs or alcohol will be removed from the site and not allowed to return. Contractor shall replace driver within 24 hour notification from the COR.

(e) Drivers provided by the Contractor under this contract shall present a neat appearance and maintain a professional decorum at all times. Clothing shall be kept clean and neat (i.e. no debris, dirt, mud, stains, rips, tears or holes) as practicable considering work conditions. The Contractor shall provide drivers with a standard daily uniform. At a minimum, drivers will wear full length slacks, a short sleeve shirt or polo shirt without tie, and covered toe shoes.

Acceptable Quality Level (AQL) – 100% Compliant.

(f) Drivers shall not text at any time when driving and shall complete their mission without unnecessary stopping. Necessary stopping is defined as stopping that is in direct correlation with the performance of this PWS. Examples of necessary stopping include fuel, use lavatory facilities, and food.

Acceptable Quality Level (AQL) – 100% Compliant.

(g) Drivers shall have knowledge of Panamanian road networks; shall be able to effectively navigate the roads within the country of Panama and its borders; shall have a working knowledge of the primary areas that USG personnel will operate in; and shall know the locations of major airports, hotels and landmarks, to include Government installations.

(h) The KO can request a different work schedule with a minimum of 24 hour notification to the contractor as required by the mission.

Acceptable Quality Level (AQL) – 100% Compliant.

5.3 Inspection: The Contractor shall conduct a joint vehicle inspection with the COR to ensure physical and mechanical condition of the vehicle and equipment satisfies the US Government’s needs, safety needs, and applicable local Government transportation laws. The inspection/s will take place during the initial delivery, in the event of a vehicle exchange for mechanical issues, and upon return of the vehicles at contract end. Upon completion of the inspection, a copy of the Joint Inspection Sheet shall be provided to the COR and KO within 24 hours.

Acceptable Quality Level (AQL) – 100% Compliant https://www.govtilr.org/Skills/ILRscale2.htm

October 2023

5.3.1 The inspection sheet can be the same one used by the contractor in the performance of regular vehicles rental.

Acceptable Quality Level (AQL) – 100% Compliant.

5.3.2 The COR will consider all terms specific within this contract, Panamanian law, and “US Federal Motor Vehicle Safety Standards (FMVSS)” as a guide for accepting and/or rejecting vehicles.

Acceptable Quality Level (AQL) – 100% Compliant

5.4 Service Contract Reporting (SCR): Reserved.

October 2023

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

6.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures.

6.1.1 DOD Commercial Use of Imagery Guidelines

6.1.2 AR 190-13, The Army Physical Security Program

6.1.3 Army Directive 2014-05, Policy and Implementation Procedures for CAC Credentialing Access for Uncleared Contractors

6.1.4 DOD 5220.22-M, National Industrial Security Program Operating Manual

6.1.5 Defense Federal Acquisition Regulation Supplement (DFARS)

6.1.6 Joint Travel Regulation (JTR)

6.1.7 AR 735-5, Policies and Procedures for Property Accountability

6.1.8 DODD 8570.01, Information Assurance Training Certification and Workforce Management

6.1.9 DOD 8570.01-M, Information Assurance Workforce Improvement Program

6.1.10 AR 25-2, Information Assurance

6.1.11 DODI 3020.41, Contractor Personnel Authorized to Accompany the U.S. Armed Forces

6.1.12 USSOUTHCOM SC Regulation 40-501, Medical Suitability Screening Regulation

6.1.13 DODI 2000.16 DoD Antiterrorism (AT) Program

6.1.14 CFR- Federal Motor Vehicle Safety Standards (FMVSS)”

October 2023

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. Attachment/Technical Exhibit List:

7.1 Attachments:

7.1.1 Attachment 1 – Performance Requirements Summary

7.1.2 Attachment 2 – Deliverables Schedule

October 2023

ATTACHMENT 1

Performance Requirements Summary

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The standard should relate to timeliness, quality, or quantity (metrics) of service required by the Contractor is stated in the PWS verbiage. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective Standard Performance Threshold

Method of Surveillance

QASP Corrective measures and action for Non- Conformance

Combating Trafficking in Persons FAR 52.222-50 c

The United States Government 100% Periodic The Contractor shall:

has adopted a policy Compliance Inspection 1) Notify its employees prohibiting trafficking in and agents of:

persons including the a. The United States trafficking-related activities of Government's policy this clause. prohibiting trafficking in persons, described in para.

(b) of this clause; and

b. The actions that will be taken against employees or agents for violations of this policy.

2) Take appropriate action, up to and including termination, against employees, agents, or subcontractors that violate the policy in para. (b) of this clause.

PRS # 1 - PWS Para 1.6.21.2 The Contractor company and all associated sub-Contractor companies, must have been vetted by the US Embassy in the country which the contract will be performed.

Vetting will be coordinated through the US Embassy's DOD Security Cooperation Office (SCO) in the country of performance.

100% Compliance

COR

validation;

100% inspection.

If during any previous vetting process in other countries, the company is found to be barred from performing services for the Government; this finding is grounds for termination of the contract.

PRS #2 - PWS Para 1.6.21.4 Contractor and all associated subcontractor employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and

The employee performing services under this contract shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency

100% Compliance

COR

validation;

100% inspection.

5% of contract price will be deducted

October 2023 procedures. Services, Security Office or the host nation equivalent.

PRS #3 - PWS para 5.1.1.a The Contractor shall provide vehicles that are no more than 3 years old and equipped as stated in the PWS.

The Contractor provided vehicles no more than 2 years old and are equipped IAW requirements in 5.1

100% Compliance

100% inspection

5% of contract price will be deducted

PRS #4 - PWS para 5.2.a Drivers must be fully licensed and insured before operating their assigned vehicle and must have a safe driving record for the last year.

The Contractor shall ensure that drivers are able and capable of safely operating vehicles and are not under the effects of alcohol or drugs at least 8 hours prior to and during the performance of their duties.

100% Compliance

100% inspection

Contractor shall replace driver within 24-hour notification from the

COR.

5% of contract price will be deducted

PRS #5 - PWS para 5.2.a Drivers are required for a minimum of 12 hours daily, as specified in Technical Exhibit A or as precoordinated by the

COR.

The drivers with their vehicles will arrive at the designated time and location specified in Technical Exhibit A or as pre- coordinated by the

COR.

100% Compliance

100% inspection

5% of contract price will be deducted

October 2023

ATTACHMENT 2

Deliverables Schedule

Deliverable Frequency # of Copies Medium/Format Submit To Background Checks: The Contractor shall ensure contractor employees and subcontractor employees performing services under this contract have passed a security check conducted by the Host Nation Police Department of their residence or the State Police Department of their U.S. residence.

Documentation of these checks will be made available to the KO or COR within 10 days of contract execution

# Copies 1 MS word / PDF File electronic document to the KO and COR.

KO and COR

PWS para 1.6.7.5 The Contractor shall immediately within 24 hours notify the KO and COR of any source (including host country law enforcement) of criminal activity by Contractor employees, subcontractors, or subcontractor employees.

PWS para. 1.6.7.5.1

One time. The Contractor shall notify the KO and COR in writing of that information.

# Copies 1 MS word / PDF File electronic document to the KO and COR.

KO and COR

Non-Disclosure Statements:

The Contractor shall provide to the Government signed non-disclosure agreements by all personnel assigned to each BPA Call to the KO and COR prior to commencement of work under the contract.

Disclosure of information by Contractor personnel may result in Contractor personnel removal from performance of duties under this contract.

PWS Para 1.6.16.1

One time. The Contractor shall notify the KO and COR in writing of that information.

electronic document to the KO and COR.

KO and COR

The Contractor shall designate in writing a Contract Manager who shall be responsible for the performance of the work. The Contract Manager shall have full

One time. The name of the person who shall act for the Contractor when the manager is absent, shall be designated in writing to the KO

# Copies 1 MS word / PDF File electronic document to the KO and COR.

October 2023 thority to act for the Contractor on all contract matters relating to daily operation of the contract.

PWS para. 1.6.10 and COR not later than seven (7) days prior to contract start date.

The contractor shall provide the COR a letter of instruction in writing with the name and telephone number of the Contract Manager that has the authority to resolve issues aforementioned.

PWS Para. 1.6.10

One time. The letter of instruction will be provided to the KO ten (10) days prior to contract start date.

electronic document to the KO and COR.

KO and COR

The contractor shall provide proof of DBA insurance (insurance policy).

PWS Para 4.5.1.2

One Time to the Contracting Officer (KO) within 5 (five) days after award

# Copies 1 MS word / PDF File electronic document to the KO and COR.