Attachment 1 - PWS.pdf

PERFORMANCE WORK STATEMENT (PWS)

Air Base (AB) AB201 Agadez, Niger Africa

Light Armored Vehicles (LAV) Lease

8 January 2024

1. Background: This is a non-personnel services contract to provide leasing services for three (3) Light Armored Vehicle (LAV). Three (3) LAVs shall be provided to AB201, Niger, Africa. These LAVs will be a sport utility vehicle (SUV) with a ballistic armor rating of B6 or greater in accordance with (IAW)

3.3 in this PWS. The Government shall not exercise any direct supervision or control over the contract service providers performing the services herein.

1.1 Description of Services/Introduction: The Contractor shall provide all equipment, supplies, transportation, supervision, and other items and non-personal services necessary to perform the leasing services of the above listed vehicles, as defined in this performance work statement (PWS).

1.2 Scope: The Contractor shall provide safe vehicles IAW (In Accordance With) 3.5 of this document.

Vehicles will be maintained IAW manufacture’s specifications and maintain those standards to ensure safe, operable equipment, and maintenance standards in accordance with this PWS. Contractor shall provide the Government with the vehicles’ manufacturers’ specifications in writing. Equipment shall be fully operational at all times and be serviceable IAW 3.4 of this PWS to the Government. Equipment shall be in running condition and delivered with all fluids full and all maintenance services up to date IAW 4.4 of this PWS. The equipment shall be maintained by the Contractor via both scheduled and unscheduled maintenance. If the vehicle is unavailable due to mechanical malfunction for more than 72 hours, the Contractor shall provide a fully operational replacement vehicle of the same type within 48 hours. Note:

the 72 hours does not start until the physical possession of the vehicle leaves the U.S. Government and into the possession of the contractor.

2. GENERAL INFORMATION

2.1 Place of Performance: The work described in this PWS shall be performed in Agadez, Niger Africa.

Vehicles may be driven off of the Air Base to which they are lent.

2.3 Hours of operation: Normal business hours for the requiring activity and contracting activity are 0730 to 1630 West Africa Time. A Contractor representative shall be made available to a Government representative 24/7 for any unscheduled maintenance operations.

2.4 Contract Manager: The Contractor shall provide a representative, hereinafter referred to as the “Contract Manager,” who shall be able to communicate (read, write, and speak) fluently in English. The Contract Manager shall be responsible for the performance of the services described in the PWS. The name of this person in addition to an alternate who shall represent the Contractor when the primary Contract Manager is absent shall be designated, in writing, to the Contracting Officer (CO). The Contract Manager or alternate shall have full authority to act on behalf of the Contractor on all contract matters relating to daily operations described in this PWS.

2.5 Quality Control (QC): The Contractor shall develop and maintain an effective QC 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. Vehicles turned in for the same issues repeatedly, three times in a 30 day period, need to be replaced with a different asset not previously provided to the Government.

3. CONTRACTOR-FURNISHED ITEMS AND SERVICES

3.1 Vehicle delivery: The vehicle shall be delivered to the location at the time and place agreed upon by the Government and Contractor throughout the contract period of performance. Delivery location will be coordinated by a Government representative and will be within the location specified on the contract.

Three (3) LAVs shall be provided to AB201, Niger, Africa.

3.2 Vehicle description: Vehicle(s) shall not have any reflective or distinctive markings. Vehicles shall have, at a minimum, a B6 armor rating or higher (defined below), a 3.0 liter Diesel engine (or greater), four (4) doors, and four (4) wheel drive, in a style commensurate with the models of SUVs operating on AB201 which are predominantly Toyota Landcruisers; as long as the vehicles meet the specifications in this PWS, the brand and model will not affect technical acceptability Models may change from year to year. The vehicles shall be of a model year 2014 or later, have power windows and door locks. All vehicles will have equipment and features that come standard from the manufacturer. The Contractor shall provide in writing a list of the equipment and features that come standard from the manufacturer.

The vehicle will be equipped with off-road tires. Vehicle(s) will comply with all safety standards IAW 3.5 of this PWS. Vehicles shall have fully functioning air conditioning. All vehicles shall have an installed and functioning AM/FM radio. All vehicles must be capable of fitting supplemental equipment on the dash or on the center console. A space that is 6 inches deep, 8 inches wide, and 4 inches tall is required.

3.3 Armor Certification: Upon initial delivery, the contractor will provide documentation from the manufacturer certifying the B6 (or greater) armor rating. Each vehicle’s Vehicle Identification Number (VIN) will be listed on the armor certification documentation. This certificate will be required for all new and replacement vehicles and a copy will be provided upon delivery.

3.4 Vehicle Condition: Vehicles provided in the performance of this contract shall be provided in safe and serviceable condition IAW 3.5 of this PWS. Both the exterior and the interior of the vehicles shall be free of soil/sand, rust, and damage and without wear and tear. Minor deficiencies such as scratches (no greater than 6 inches in length, that are not exposing bare metal) and dents (no larger than 3 inches in diameter, that are not exposing bare metal) are acceptable, as long as they do not impact the safety or serviceability of the vehicle and do not pose future corrosion concerns e.g. rust. Vehicle(s) shall be clean and serviceable at time of delivery. Vehicles turned in for the same issues repeatedly, three times in a 30 day period, need to be replaced with a new asset.

3.5 Safety Items: The vehicle(s) shall comply with all Nigerien laws. The vehicles shall have the following safety features: tinted windows, seat belts (for each passenger, including jump seats), air bags, rear view mirrors, windshield wipers, front and rear-window defogging, functioning window controls, functioning door latches, parking brake, anti-lock braking system if equipped, one spare tire in good condition, tire jack, all working interior and exterior lights, and a working horn. All vehicles must be mechanically and electrically reliable. All lights on the vehicle shall be functioning.

3.6 Mileage: The Government requires UNLIMITED mileage for each vehicle under this lease.

3.7 Additional equipment: Additionally, the contractor will supply and install basket-style roof mounted luggage racks on each vehicle associated with this PWS. The luggage racks should be large enough to cover approximately 75% of the roof area. Finally, the Contractor shall provide at a minimum two sets of keys, a primary and a spare, for each vehicle.

4. TASKS

4.1 Replacement Vehicles: If the contactor cannot repair a vehicle(s) within seventy two (72) hours, the Contractor will have forty eight (48) hours (after the 72 hour maintenance effort) to obtain and provide a replacement vehicle of the same type. Vehicles turned in for the same issues repeatedly (three times in a 30 day period) need to be replaced with an asset not previously provided to the Government. The replacement vehicle shall be in place within forty eight (48) hours from when it is reported as unserviceable/deficient. The Contractor shall provide replacements for all vehicles that the Government does not accept or that are no longer in the condition to meet the PWS requirements. The replacement vehicle shall be of the specifications described in this PWS. The Government shall not pay for replacement vehicles that exceed the specification set by the PWS.

4.2 Maintenance: The Contractor shall provide all parts, labor, and expertise necessary to complete required maintenance tasks. The Contractor shall have the capability to provide this labor at its own facilities outside of Government property.

4.3 Cabin air filters: Due to the dusty environment these vehicles will be operating in, cabin air filters will be changed at minimum every three (3) months.

4.4 Scheduled maintenance: The Contractor shall perform scheduled maintenance in accordance with manufacturer’s service recommendations for the mileage interval of the vehicle, or set by calendar year, including lube, oil and filter change, with a safety inspection at each service. The Contractor shall provide in writing the manufacturers’ service recommendations. For vehicles that are turned in for scheduled maintenance, contractor shall provide a replacement vehicle(s) at the time of turn-in if scheduled maintenance will render vehicle out-of-service for longer than 72 hours. Note: the 72 hours does not start until the physical possession of the vehicle leaves the U.S. Government and into the possession of the contractor.

4.5 Unscheduled maintenance: Unscheduled maintenance is to address unexpected deficiencies that require repairs to restore the vehicle or equipment to a serviceable condition. In the event of a vehicle breakdown the Government representative will immediately notify the Contractor and coordinate a drop off time and location. The Contactor shall repair the asset within 72 hours or provide a replacement vehicle of the same type in 48 hours after the 72 hour maintenance effort. Note: the 72 hours does not start until the physical possession of the vehicle leaves the U.S. Government and into the possession of the contractor.

4.6 Accident Repairs: If a vehicle is involved in an accident, the Government will conduct an investigation into the cause. In instances where damage is caused due to improper vehicle operation or care while in possession of a Government representative, the Contractor may contact the CO for consideration for the damage specific to the accident. If the investigation reveals the vehicle was improperly maintained due to e.g. faulty brakes, then the Contractor may not be eligible for consideration.

The Contactor shall repair the asset within 72 hours or provide a replacement vehicle of the same type in 48 hours after the 72 hour maintenance effort in either case. Note: the 72 hours does not start until the physical possession of the vehicle leaves the U.S. Government and into the possession of the contractor.

4.7 Recovery: Upon proper notification, the Contractor shall recover disabled vehicles within 8 hours of notification. The area of responsibility will be 20 miles from the U.S. installations. This service shall be available 24 hours a day. Contractors are not authorized to tow vehicles within AB201. A Government representative will contact the Contractor to inform them that the vehicle is inoperable and needs to be towed. Note: The U.S. Government reserves the right to tow vehicles for operational and emergency needs. Additionally, the U.S. Government will tow vehicles within AB201 to the Vehicle Search Area (VSA) to hand over to the contractor.

4.8 Fuel and petroleum services. New vehicles shall be delivered to the Government with a full tank of diesel. Vehicle that were turned in for maintenance will be returned with the same level of fuel in which they were accepted.

5.0 SECURITY

5.1 Found items/information: The Contractor shall not allow access to the leased vehicles by a third party during any period of scheduled or unscheduled maintenance. The Contractor shall advise the Government of any matters which may represent a concern to U.S. personnel. All material and information that the Contractor’s employees are exposed to including papers, binders, books, maps, electronics, radios, computers, digital storage devices, and weapons, or ammunition are discovered, the Contractor will leave the items as they were found, suspend maintenance activities, and notify the U.S.

Government representative immediately. Note: the 72 hour maintenance period the contractor is obligated to will be paused until the items are retrieved by a U.S. Government representative.

5.2 Contractor employees: The Contractor shall be vetted and approved by the Government. The Government has the right to require additional background/security checks if deemed necessary by the Government representative. If it is determined at any time during the performance of this contract that the Contractor is a risk to Government personnel or property, the contract may be terminated.

6.0 LIABILITY:

6.1 Insurance: Proof of insurance for each individual vehicle shall be provided within five days of vehicle delivery to the US Government. This insurance will cover the vehicle operations by the contractor when the vehicles are outside of control of the US Government. Insurance should cover lost, stolen, and damaged vehicles or vehicle components. The general liability policy required of the Contractor shall name “The United States of America, acting by and through the Department of Defense,” as an additional insured with respect to operations performed under this contract. The Government is not liable for damages caused by the leased asset while it is outside of the control of the U.S. Government.

6.2 Personal injury: The Government shall in no event be liable or responsible for damage or injury to any person or property occasioned through the use, maintenance, or operation of any vehicle or other equipment by, or the action of, the Contractor or the Contractor’s employees and agents in performing under this contract, and the Government shall be indemnified and saved harmless against claims for damage or injury in such cases.

6.3 Permits: Contractor shall obtain all permits, licenses, and appointments required for the prosecution of work under this contract. The Contractor shall obtain these permits, licenses, and appointments in compliance with applicable host country laws. Application, justification, and certifications for any licenses required by the host Government are entirely the responsibility of the Contractor.

6.4 Citations/Fees: If a citation/fee is issued, it is the responsibility of the driver (at the time of the occurrence) to resolve the payment of the citation/fee. The Government will be responsible for citations/fees issued to Government personnel while the Government is operating the vehicle, and the Contractor is responsible for resolving payment of citations/fees issued while Contractor personnel are driving the LAVs.

6.5 Accident Reporting: In the event of an accident, the Contractor shall be responsible for coordinating the repair, or replacement, of the damaged vehicle(s). The Contractor shall coordinate with their insurance provider and the local authorities to coordinate repairs. The cost of parts and labor for maintenance on damages resulting from government operator negligence may be submitted through the CO for consideration of payment in accordance with claim process should the Government investigation find that the accident was not due to noncompliance with this PWS.

7.0. AUTHORIZED CHANGES MADE ONLY BY THE CONTRACTING OFFICER

7.1 No order, statement, or conduct of Government personnel contact the Contractor or in any other manner communicates with Contractor personnel during the performance of this contract shall constitute a change under the Changes clause of this contract. The Contractor shall not comply with any order, direction, or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.

7.2 The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment may be made in the contract price to cover any increase incurred as a result thereof.