Attachment 1 - PWS - AUS Canine Lawn Service.pdf

Attachment 1 – Performance Work Statement (PWS) Lawn Care Services for the Transportation Security Administration

Austin Bergstrom International Airport Canine Facility

1.0 Organization

Transportation Security Administration (TSA) Office of Security Operations (OSO) Canine Program Office 6595 Springfield Center Drive Springfield, VA 20598

Service provided at:

Austin Bergstrom International Airport TSA Canine Modular Building 10330 Golf Course Road Austin, TX 78617

2.0 Project Background

Lawn care services are required for space occupied by the Transportation Security Administration (TSA) personnel at the Canine Modular Building located in Austin Bergstrom International Airport. The approximate area requiring lawn care is one-third acre (i.e.

approximately 21,780 sq. ft.).

3.0 Scope of Work

The Contractor will provide all labor, equipment, and materials necessary to meet the Government’s requirement for lawn-care and maintenance services as described herein.

4.0 Technical Requirements

The Contractor will provide the necessary services to meet the following performance objectives:

Cut and maintain the lawn/grass area inside and outside the fence and along building skirting to approximately 2.5 inches above ground.

Apply necessary chemical treatments to suppress weed and pest growth by at least 95% across the lawn/grass area.

Encourage the growth of healthy green grass and mitigate yellow or dull coloration to less than 5% of the total lawn/grass area.

Maintain the lawn/grass area so that it’s 100% free of debris and cut or dead grass within 24 hours after work is performed.

5.0 Quality Control

5.1 Lawn Care Maintenance Plan: The Contractor will draft and implement a Lawn Care Maintenance Plan which addresses how the Contractor will meet the performance objectives for this PWS. The Lawn Care Maintenance Plan will detail the tasks and processes; schedule of services (i.e. frequency and time); and quality control measures necessary to successfully meet the Government’s requirements.

The Contractor will submit a draft copy of their Lawn Care Maintenance Plan three (3) business days after the start of performance. The Government will review and provide comments, if necessary, which shall be incorporated into the Contractor’s Final Lawn Care Maintenance Plan. The Contractor shall address the Government’s comments and re-submit the Lawn Care Maintenance Plan for approval within three (3) business days of receipt of the Government’s comments (See Deliverables #1 and #2).

5.2 Service Report: The Contractor will summarize the date, time, and tasks completed per service visit. This will allow TSA to monitor and measure performance against the performance objectives. The Contractor will deliver an electronic copy of the Service Report for every service visit within 24 hours after completion of work (See Deliverable #3).

6.0 Deliverables

Deliverables are to be submitted electronically in Microsoft Word 2016 format and/or Adobe Acrobat PDF compatible documents.

No. Deliverables Due Date Recipients

Draft Lawncare Maintenance Plan

Three (3) business days after the start of performance. Contracting Officer (CO)

2 Final Lawn Care Maintenance Plan

Three (3) business days after receipt of the Government’s comments.

Contracting Officer (CO)

Contracting Officer’s Representative (COR)

TSA Field Representative

Service Plan

24 hours after completion of work for every service visit.

Contracting Officer’s Representative (COR)

TSA Field Representative

7.0 Contractor Furnished Resources

The Contractor will furnish all supplies and equipment necessary to accomplish tasks as stated in this PWS.

The Contractor will use products and materials made from biodegradable based materials consistent with FAR Clause 52.223-23 Sustainable Products and Services (May 2024) to the maximum extent possible without jeopardizing the intended use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable federal specifications and standards.

The Contractor shall use products and equipment consistent with FAR clause 52.223-10

Waste Reduction Program (August 2000). Accordingly, all products shall be considered environmentally beneficial and/or recycled, phosphate-free, non-corrosive, non-flammable, and fully biodegradable. The Contractor shall minimize the use of harsh chemicals that may release irritating fumes.

8.0 Government Furnished Resources:

The only Government furnished resource is water for sprinkling grass. There are no other resources necessary for the Government to provide for the lawn care services for the TSA location identified herein.

9.0 Performance Requirements Summary

Performance standards for this contract are outlined below.

Objective Required Services Performance Standards

Surveillance Plan

Quality

Cut and maintain the lawn/grass area inside and outside the fence and along building skirting.

Grass should be approximately 2.5 inches above ground.

Periodic Inspection. TSA will review the service reports submitted by the Contractor to verify whether services rendered are in accordance with the PWS and the approved Lawn Care Maintenance Plan.

Apply necessary chemical treatments to suppress weed and pest growth.

Weed and pest growth should be suppressed by at least 95% across the entire lawn/grass area.

Encourage the growth of healthy green grass and mitigate yellow or dull coloration.

Yellow or dull coloration should be mitigated to less than 5% of the total lawn/grass area.

Maintain the lawn/grass area. 100% free of debris and cut or dead grass within 24 hours after work is performed.

Schedule

Provide lawn care services in accordance with the service schedule identified in the Contractor’s approved Lawn Care Maintenance Plan.

The Contractor’s performance is 95% compliant with the service schedule identified in the Contractor’s approved Lawn Care Maintenance Plan; and no more than three (3) instances in a 12-month period where service visits are missed.

100% Inspection. Non-compliance will be documented.

Management

Comply with all Federal, State, and Airport policies and regulations; and utilize biobased products as mandated by the USDA’s BioPreferred® Program.

The Contractor’s performance is 100% compliant with all Federal, State, and Airport policies and regulations; and 95% compliant with the requirement to utilize Biobased products.

Periodic Inspection by TSA. Non-compliance will be documented.

10.0 Period of Performance

12-month base period and four (4) 12-month option periods.

Appendix 1 – Additional Purchase Order Requirements

TSA-RQMTS: TSA Points of Contact (June 2024)

The primary point of contact for this contract:

Contracting Officer:

NAME: Michael Capovilla

PHONE NUMBER: (571) 227-5833

EMAIL: michael.capovilla@tsa.dhs.gov

If a name is included, the Contracting Officer hereby designates the individual(s) named below. The scope and limitations of the authority so delegated are included in the TSA Requirement entitled, Contracting Officer’s Representative:

Contracting Officer’s Representative (COR):

NAME: TBD

PHONE NUMBER: TBD

EMAIL: TBD

TSA-RQMTS: CONTRACTING OFFICER’S REPRESENTATIVE AND TECHNICAL

MONITORS (JUN 2024)

The principle role of the COR is to support the Contracting Officer in managing the contract. This is done through furnishing technical direction within the confines of the contract, monitoring performance, ensuring requirements are met within the terms of the contract, and maintaining a strong relationship with the Contracting Officer. As a team the Contracting Officer and COR must ensure that program requirements are clearly communicated and that the agreement is performed to meet them. The principle role of the Technical Monitor (TM) is to support the COR on all work orders, tasks, deliverables and actions that require immediate attention relating to the approved scope and obligated funding of the contract action.

The COR and TM may be changed at any time, without prior notice to the Contractor; however, notification of the change, including the name and phone number of the successor, will be promptly provided to the Contractor by the Contracting Officer in writing.

The COR duties are as follows:

Performing surveillance/inspection and acceptance.

Monitoring activities, cost, providing input to contractor performance evaluations, and notifications to the Contracting Officer.

Making recommendations for invoices and payments.

Managing Government-furnished Assets (when applicable).

Managing Contractor Employee Access (when applicable).

The responsibilities and limitations of the TM are as follows:

Coordinating with the COR on all work orders, task, deliverables and actions that require immediate attention relating to the approved scope and obligated funding of the contract action.

Performing surveillance/inspection and acceptance.

Monitoring activities, cost, providing input to contractor performance evaluations, and notifications to the COR.

Making recommendations for invoices and payments.

Managing Government-furnished Assets (when applicable).

Managing Contractor Employee Access (when applicable).

TSA-RQMTS: SUBMISION OF INVOICES (JUN 2024)

Background: The Transportation Security Administration (TSA) partners with the United States Coast Guard Finance Center for financial services in support of TSA operations, including the payment of contractor invoices. Therefore, all contractor invoices must be submitted to, and will be paid by, the U.S. Coast Guard Finance Center (FinCen).

Invoice Submission Method: Invoices may be submitted via U.S. Mail, or email. Contractors shall utilize ONLY ONE method per invoice submission. It is the responsibility of the contractor to verify that invoices are received, regardless of the method of submission used. Contractors may inquire regarding the receipt of invoices by contacting the U.S. Coast Guard Finance Center via the methods listed in the paragraph entitled, “Payment Status”. The submission information for each method is as follows (listed in order of preference):

Mail invoices to:

United States Coast Guard Finance Center TSA Commercial Invoices

P.O. Box 4111

Chesapeake, VA 23327-4111

Or email invoices to: FIN-SMB-TSAInvoices@uscg.mil or www.fincen.uscg.mil

Invoice Elements. Invoices that are not proper will automatically be rejected if the information required in the Prompt Payment Clause are not included in the invoice. Contractors must correct any noted deficiencies and resubmit the invoice directly to the FinCen for verification of error correction.

All invoices must clearly correlate invoiced amounts to the corresponding contract line item number and funding citation. The Contractor shall work with the Government to mutually refine the format, content and method of delivery for all invoice submissions during the performance of the Contract.

Discounts offered after invoice submission. If the Contractor should wish to offer a discount on a specific invoice after its submission for payment, the Contractor should submit a letter to the FinCen identifying the specific invoice for which a discount is offered and specify the exact terms of the discount offered and what time period the Government should make payment by in order to receive the discount. The Contractor should clearly indicate the contract number, invoice number and date, and the specific terms of the discount offered. Contractors should not structure terms for net amount payments any sooner than the standard period required under FAR Subpart 32.9 regarding prompt payments for the specified deliverables under contract.

Payment Status. Contractors may contact the FinCen via phone or email regarding the receipt of invoices or billing inquiries using (800) 564-5504 or (757) 523-6940 (Voice Option #1) or email:

FIN-SMB-CustomerService@uscg.mil.

Frequency of Invoice Submission: Monthly - for services rendered and accepted by the Government for the preceding period.

Timely Submission of Invoices: In order to ensure reimbursement under this contract, invoices shall be timely submitted for payment. Contractors must submit an invoice to the payment office as indicated for all allowable and allocable internal expenditures made during the specified invoice period pursuant to the Contract. Also be advised that under 31 U.S.C. §1552 and §1553, funds that were obligated to the contract, but that have expired, remain available for adjustments for five (5) fiscal years following expiration of the period for which the relevant appropriation was made.

After the respective timeframe, the expired account closes and the funds are not available for any purpose.

TSA-RQMTS: OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE

LEAVE (JUN 2024)

The Government observes the following Federal holidays (and Government facilities are generally closed on these days, have restricted access, or other entrance requirements may apply due to security procedures):

ꞏ New Year’s Day ꞏ Birthday of Martin Luther King, Jr.

ꞏ Washington’s Birthday (President’s Day) ꞏ Memorial Day

ꞏ Juneteenth National Independence Day ꞏ Independence Day ꞏ Labor Day ꞏ Columbus Day ꞏ Veteran’s Day ꞏ Thanksgiving Day ꞏ Christmas Day

In addition to the days designated as Federal holidays, the Government also observes also the following days (with the same access restrictions as stated above):

ꞏ Any other day designated by Federal Statute;

ꞏ Any other day designated by Executive Order;

ꞏ Any other day designated by President’s Proclamation, such as extreme weather conditions;

ꞏ Inauguration Day (Washington, DC metropolitan area) (Likewise government facilities in the DC area are generally closed on these days, or restricted access or entrance requirements may apply due to security procedures);

ꞏ Inclement weather closures and/or early dismissals; and, ꞏ Or any other officially declared reason.

When the Government grants excused absence to its employees in a specific location, it is up to the Contractor to determine if assigned Contractor personnel at that same location are dismissed.

The Contractor agrees to continue to provide sufficient personnel to perform critical tasks already in operation or scheduled, and shall be guided by the notification issued by the Contracting Officer or the Contracting Officer’s Representative. Observance of such holidays by Government personnel shall not be a reason for the Contractor to request an extension of the period of performance, or entitlement of compensation except as set forth within the contract.

In the event the Contractor’s personnel work during the holiday or other excused absences:

For firm-fixed price contracts: No form of holiday or other premium compensation will be considered as either as a direct or indirect cost, other than their normal compensation for the time worked.

For cost reimbursement and time and materials (T&M)/ labor hour (LH) contracts: The Government will only consider as direct and/or indirect costs those efforts actually performed during the holiday or excused absences in the event contractor personnel are not dismissed. This provision does not preclude reimbursement for authorized overtime work if applicable to this contract. All costs chargeable shall be consistent with the Contractor’s Disclosure Statement.

It is the contractor’s responsibility to ensure the management responsibility for contractor functions approved by the Contracting Officer for offsite work in the event of inaccessibility of federal workplaces. The contractor may propose telework or other solutions when critical work is required, however, the Contractor is solely responsible for any cost differential in performance, all liabilities that may be due to performance at an alternate location, and all resources necessary to complete such performance.

In the event of an actual emergency, the Contracting Officer may direct the contractor to change work hours or locations or institute telework, utilize personal protective equipment, or other mandated items.

In the event of a Government closure (furlough) caused by a lapse in appropriations, which can occur if adequate funds have not been appropriated, the Contractor shall continue performance under the contract unless otherwise notified in writing by a Contracting Officer. Unless the Contractor is provided a formal notification to the contrary, usually via a Stop Work Order pursuant to FAR 52.242-15, the Contractor must continue to comply with all terms and conditions of the contract. If a contract will not be affected by a shutdown, generally no separate notification or communication of that fact will be provided. Processing of contractor invoices for payment may or may not be deemed an excepted duty during a furlough. As such, contractor performance is expected even though invoices are pending payment processing. The Prompt Payment Act still applies.

The Government may close a Government facility for all or a portion of a business day as a result of:

ꞏ Granting administrative leave to non-essential Government employees (e.g., unanticipated holiday);

ꞏ Inclement weather;

ꞏ Failure of Congress to appropriate operational funds; or, ꞏ Any other reason.

In the above cases, contractor personnel who are not classified as essential, i.e., not performing critical round- the-clock services or tasks, who are not already on duty at the facility shall not report to the facility. Such contractor personnel already present shall be dismissed and shall leave the facility. The contractor is responsible for notifying all of its affected personnel in such circumstances once the Contracting Officer provides notice of such. The contractor agrees to continue to provide sufficient personnel to perform continual requirements of critical tasks already in operation or scheduled for performance during the period in which Government employees are dismissed, and shall be guided by any specific instructions from the Contracting Officer.

When contractor personnel services are not required or provided due to closure of a Government facility as described in the contract, the contractor’s payment under the contract shall be affected as follows--

For cost-reimbursement, time-and-materials and labor-hour type contracts, the Government shall not reimburse as direct costs, the costs of salaries or wages of contractor personnel for the period during which such personnel are dismissed from, or do not have access to, the facility.

For fixed-price contracts, the price will not be prorated and the contractor is expected to satisfy the contract requirement during the period of performance without requested extension.

The Government may also terminate a contract for convenience either in partial or full.

The Contractor shall include the terms of this special contract requirement in all subcontracts awarded under this contract.

TSA-RQMTS: PROTESTS TO THE AGENCY (JUNE 2024)

Protests shall be concise and logically presented to facilitate review by the contracting officer.

Offerors are directed to Federal Acquisition Regulation (FAR) 33.103(d)(2) to obtain the necessary information to provide to support the protest. Failure to substantially comply with any of those requirements may be grounds for dismissal of the protest.

All protests must be submitted in writing and signed by a company official who is authorized to commit the company and shall be addressed to the contracting officer. If requested, an independent review of the protest at a level about the contracting officer is available.

If the Offeror is submitting an appeal of the contracting officer’s decision, a copy of the decision shall be included with a clear and concise explanation of any legal and factual grounds for the appeal.

The Transportation Security Administration has an internal appeal process that is available for use in the event an Offeror seeks a review of the contracting officer’s decision on a protest. The Head of the Contracting Activity is the independent appeal authority. Appeals must be sent electronically to TSAProcurementPolicy@tsa.dhs.gov with the subject line of the email clearly indicating “APPEAL OF AGENCY PROTEST”. Interested parties should note that if there is an agency appellate review of the contracting officer’s decision on the protest, it will not extend GAO’s timeliness requirements.

(End of Performance Work Statement)