Attachment 1 - PWS for LEI Boats Painting.pdf

PWS for LE&I Police Vessels (Version 2024.07.25) Page 1

Performance Work Statement Removal and Reapplication of Antifouling Zinc-Based Bottom Paint to LE&I Police Vessels

General Information

1.0 General

This is a non-personal services contract to provide for the removal and reapplication of antifouling zinc-based bottom paint to USDA Forest Service Law Enforcement and Investigations (LE&I) Police Vessels. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the contractor who, in turn, is responsible to the Government.

2.0 Background and Purpose

LE&I vessels that are operated in a saltwater environment require a protective zinc-based surface paint to protect them from corrosion and microbial build ups and/or growth. The application of this paint, specifically to the bottom of vessels can be critical to not only the longevity of the vessel being in operation, but to inhibit growth of barnacles, invertebrates, and microbial life. Live grow on the bottom of vessels can adversely affect speed, efficiency, cooling compacity, safety, and overall maneuverable.

It is critical that LE&I vessels are kept to the highest standard of care to serve the unique mission in the Alaska Region (Region 10). Without these vessels the completion of critical response, missions, and search and rescue could be greatly impacted for remote and indigenous communities.

3.0 Description of Services

The contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, and other items and non-personal services necessary to provide for the removal and reapplication of antifouling zinc-based bottom paint (underwater surface paint) to 2 Government-Owned Law Enforcement and Investigations Police Vessels.

The contractor shall provide services in accordance with (IAW) this Performance Work Statement (PWS), and all applicable federal, state and local laws and regulations.

4.0 Place of Performance

The work shall be performed at the contractor’s facility.

5.0 Period of Performance

The period of performance shall be from Date of Award until 31 October 2024.

6.0 Contract Type

The Government will award a Firm-Fixed Price (FFP), Stand-Alone, Service Contract. Performance shall be made only as authorized by the contract. Contractor shall furnish to the Government all services specified in the Schedule of Items and called for by the contract.

7.0 Government Regular Working Hours

The Government's regular working hours are Monday through Friday from 0700 to 1700, except federal holidays or when the government installation is closed due to local or national emergencies, administrative closings, or similar government directed closings.

8.0 Contractor Hours of Operations

The contractor is responsible for conducting business during or after government regular working hours, and to maintain at all times an adequate workforce for the uninterrupted performance of all services defined within this PWS.

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9.0 Federal Observed Holidays

When a federal holiday occurs on a Saturday, federal employees are normally granted the previous Friday as the holiday observance. When a federal holiday occurs on a Sunday, federal employees are normally granted the following Monday as the holiday observance. Below is the list of recognized federal holidays:

Federal Holidays New Year’s Day (January) Labor Day (September) Martin Luther King Jr’s Birthday (January) Columbus Day (October) President’s Day (February) Veteran’s Day (November) Memorial Day (May) Thanksgiving Day (November) Juneteenth Day (June) Christmas Day (December) Independence Day (July)

10.0 Contractor Key Personnel

Contract Manager: The contractor shall provide a Contract Manager and designated alternate, as applicable, who has full authority to act for the contractor on all contract matters relating to this contract. The Contract Manager or alternate shall be available during the Government's regular working hours.

Quality Control Representative: The contractor shall provide a Quality Control Representative who shall be responsible for the contractor’s Quality Control Plan (QCP) to ensure services are performed IAW the PWS. The Quality Control Representative shall implement and maintain full compliance of the QCP throughout the contract period.

11.0 Government Key Personnel

Contracting Officer (CO): The CO is the only person with the authority to enter into, administer, and or terminate contracts;

make related determinations and findings on behalf of the government; and legally bind the government. The CO shall ensure that the contractor receives impartial, fair, and equitable treatment under this contract. The CO shall determine and document the final assessment of the contractor's performance in the government’s past performance tracking system.

Contracting Officer’s Representative (COR): A COR may be assigned to this contract to monitor all technical aspects and assist in contract administration. The COR may be 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 communication with the contractor concerning technical aspects of the contract;

issue written interpretations of technical requirements (without increasing or decreasing contract scope), including Government drawings designs, and specifications; monitor contractor's performance and notify both the CO and contractor of deficiencies; and provide site entry of contractor personnel. The COR is not authorized to change any of the terms and conditions of the contract.

12.0 Post-Award Conference and Periodic Progress Meetings

The contractor agrees to attend any post award conference convened by the contracting activity or contract administration office IAW Federal Acquisition Regulation (FAR) Subpart 42.5. The CO and/or COR shall meet periodically with the contractor to review the contractor's performance. At these meetings the CO 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.

13.0 Changes

The quantities specified in the Schedule of Items are estimates only and are not guaranteed quantities. The government reserves the right to add, remove, or change the items and quantities to be serviced under this contract, as required. Price adjustments for these changes shall be based on the rates specified in the Schedule of Items for identical or similar items.

Changes will only be authorized by a warranted CO.

14.0 Inspection and Acceptance

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Any inspection and acceptance will be at the location specified in the contract. The designated COR will act as the representative of the CO for purposes of inspection and acceptance of services to ensure compliance with the terms, conditions, and specifications of the subject contract. The COR has no authority to make any changes to the terms and conditions of the contract.

15.0 Invoicing and Payment

All contractor invoices shall be submitted via the Invoice Processing Platform (IPP) using contract line item numbers (CLINs). The contractor shall be required to establish account(s), access method(s), log-in(s), and necessary training in order to submit invoices through IPP. Invoices not submitted via IPP shall not be accepted or paid.

Note: The contractor shall only invoice for work performed and as authorized by the contract. Payment will be made only for those items listed on the Schedule of Items. All other work is incidental to those pay items.

16.0 Travel

The contractor shall be responsible for all travel to and from the work site locations.

Security and Safety Requirements

17.0 Security

The contractor shall be responsible for safeguarding all government property provided to the contractor for contractor use under this contract. At the close of each work period, all government property shall be secured.

18.0 Access to Government Facilities

The contractor shall coordinate all contractor personnel access to government facilities with the COR at least 5 business days prior to any scheduled service or visit. Only contractor personnel performing work under this contract shall have access to government facilities. If no coordination is made, access will be denied. Contractor personnel entering government facilities shall abide by all security regulations.

19.0 Key Control

No keys or key cards shall be issued to the contractor under this contract.

20.0 Identification of Contractor Employees

All contract personnel working in situations where their contractor status is not obvious to third parties are required to identify themselves by wearing clearly written and visible nametags at all times, as such to avoid creating an impression in the minds of members of the public that they are Government officials.

21.0 Conduct of Contractor Personnel

The CO may require the contractor to remove from the work site any employee working under this contract for reasons of misconduct, security, or found to be or suspected to be under the influence of alcohol, drugs, or other incapacitating agent. Contractor employee shall be subject to dismissal from the premises upon determination by the CO that such action is in the best interests of the government. Such removal from the work site or dismissal from the premises shall not relieve the contractor of the requirement to provide sufficient personnel to perform the services as required by this PWS.

22.0 Safety

Contractor activities shall be conducted in a safe manner that minimizes accidents as well as any impacts on Government operations and members of the public. Contractor shall comply with applicable federal, state, and local codes and standards, including safety and occupational health requirements, as well as any additional specific requirement contained in this PWS.

Technical Requirements

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23.0 Specific Services

The contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, and other items and non-personal services necessary to provide for the removal and reapplication of antifouling zinc-based bottom paint (underwater surface paint) to 2 Government-Owned Law Enforcement and Investigations Police Vessels.

Services under this contract shall include the following:

Haul-Out: The vessels are located in Wrangell and Thorne Bay.

o If the contractor’s facility is located in Juneau, Ketchikan, Thorne Bay or Wrangell, the government will be responsible to haul-out the vessels and transport them to the contractor’s facility.

o If the contractor’s facility is located outside of Juneau, Ketchikan, Thorne Bay or Wrangell, the contractor will be responsible to travel to the government facilities located in Wrangell and Thorne Bay to haul-out the vessels and transport them to the contractor’s facility.

Storage: The vessels in question are law enforcement specific vessels that are marked with law enforcement specific logos. Vessels that will be in the possession of the contractor shall be kept in a secure locked facility as to not be tampered with by the public.

Sand Blasting: The contractor shall provide abrasive blasting to clean the hull and remove marine growth and old paint.

Inspection: The contractor shall provide professional inspection of the hull for thickness and/or replacement of zincs (zinc anode anti-microbial attachment).

Surface Preparation: The contractor shall provide sanding or blasting to prepare the hull surface for new paint.

Painting: The contractor shall provide professional application of bottom paint and primer, which might include multiple coats.

Relaunch:

o If the contractor’s facility is located in Juneau, Ketchikan, Thorne Bay or Wrangell, the government will be responsible to pick up the vessels. The government will inspect the vessels at the contractor’s facility to ensure the work is in compliance with the contract. Once inspection and acceptance is complete, the government will be responsible to transport the vessels to their corresponding government facility and relaunch them.

NOTE: If the government rejects the work due to non-compliance with the contract, the contractor will be responsible to fix any non-compliance work at no additional cost to the government. After completion, the government will inspect the vessels at the contractor’s facility to ensure the work is in compliance with the contract. Once inspection and acceptance is complete, the government will be responsible to transport the vessels to their corresponding government facility and relaunch them.

o If the contractor’s facility is located outside of Juneau, Ketchikan, Thorne Bay or Wrangell, the contractor will be responsible to transport the vessels back to their corresponding government facility in Wrangell and Thorne Bay. At arrival to the government facilities, the government will be responsible to inspect the vessels to ensure the work is in compliance with the contract. Once inspection and acceptance is complete, the contractor will be responsible to relaunch the vessels.

NOTE: If the government rejects the work due to non-compliance with the contract, the contractor will be responsible to transport the vessels back to the contractor’s facility and fix any non-compliance work at no additional cost to the government. After completion, the contractor will be responsible to transport the vessels back to their corresponding government facility in Wrangell and Thorne Bay. At arrival to the government facilities, the government will be responsible to inspect the vessels to ensure the work is in compliance with the contract. Once inspection and acceptance is complete, the contractor will be responsible to relaunch the vessels.

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24.0 Vessel Information

Item Number Vessel Number Vessel Description Vessel Location 1 2393 29’ ACB Rescue Pro Boat Wrangell, AK 2 2400 29’ ACB Rescue Pro Boat Thorne Bay, AK

Additional Requirements

25.0 Work Schedule

The contractor shall develop a work schedule and submit it to the COR NLT 5 business days after contract award.. An updated copy shall be provided to the COR as changes occur. All services shall be coordinated with the COR at least 72 hours prior to performing services.

26.0 Quality Control Plan (QCP)

The contractor shall develop and maintain an effective QCP to ensure services are performed IAW this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services.

The contractor’s QCP is the means by which the contractor assures that their work complies with the requirements of the contract. The contractor’s QCP shall be provided to the COR NLT 5 business days after contract award. The COR will review the contractor’s QCP. The contractor shall receive in writing the COR’s acceptance and/or any proposed changes to the QCP.

27.0 Special Qualifications

The contractor shall, at no additional cost to the government, obtain all licenses and permits required for performance of work and for complying with all applicable local, state, and federal laws and regulations.

Deliverables Schedule

28.0 Key Deliverables

The contractor shall submit an electronic copy of all deliverables to the CO and COR in PDF format and phrased in layperson language. Below is a list of all deliverables outlining each objective and due date.

Item # Deliverable Objective Due 1 Work Schedule Provide a timeline of the services to be provided under this contract IAW this PWS and as requested by the COR. Include specific dates and times, expected duration, and deadline for completion.

NLT 5 business days after contract award.

2 Weekly Status Provide a weekly status of the services being performed under this contract.

NLT the last day of the work week.

3 Quality Control Plan

Provide a QCP that implements procedures to identify, prevent and ensure non-recurrence of defective services.

NLT 5 business days after contract award.

4 List of Contractor Personnel

Provide a list of all contractor personnel assigned to this contract and their point of contacts.

NLT 5 business days after contract award. An updated copy shall be provided to the CO and COR as changes occur.

5 Invoices Invoices shall be submitted via IPP. NLT 10 business days after work completion.

Performance Requirements Measures

29.0 Contractor’s Performance

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The government expects the contractor to work at an acceptable performance level throughout the life of the contract, and the contractor’s performance shall be given significant consideration when evaluating recommendations for future government contracts and/or awards.

30.0 Acceptable Performance

Acceptable performance is achieved if 100% of the requirement is successfully satisfied. The contractor’s acceptable performance will be rated in COR reports and in the Contractor Performance Assessment Reporting System (CPARS) as Satisfactory, Very Good, or Exceptional.

31.0 Unacceptable Performance

Unacceptable performance is achieved if less than 100% of the requirement is satisfied (e.g., work specified by contract is incomplete or work is not IAW the PWS, and manufacturer’s specifications). If the performance is deemed unacceptable for any objective (required services), the COR will determine the possible cause of this unacceptable performance.

Unacceptable performance caused by actions of the contractor shall be reported to the contractor’s on-site representative and request its signature on documentation acknowledging notification. Unacceptable performance caused by actions of the Government shall not be held against the contractor. If the contractor disputes the results of surveillance, the COR must refer the contractor to the CO for resolution. The contractor’s unacceptable performance will be rated in COR reports and in CPARS as Marginal or Unsatisfactory.

32.0 Performance Requirements Summary

Item # Performance Objective

Performance Standard

Performance Threshold

Surveillance Method Remedy

1 Removal and Reapplication of Antifouling Zinc-Based Bottom Paint to LE&I Police Vessels

Work shall be performed IAW this PWS, and all applicable federal, state, and local laws and regulations.

100% services performed as required by the contract.

Periodic and/or random inspections by the COR or Government Technical Representative (GTM).

The government has the right to change or modify inspection methods at its discretion.

Rework at no cost to Government for defective services.

Full invoice payment upon successful completion and acceptance.

Government-Furnished Property and Utilities

33.0 Government-Furnished Property

The Government will not provide Government-Furnished Property for the performance of this contract.

34.0 Government-Furnished Utilities

The Government will not provide Government-Furnished Utilities for the performance of this contract.

Definitions, Acronyms, and Applicable Laws, Regulations and Guidance

35.0 Definitions

Acceptance: The act of an authorized representative of the Government by which the Government, for itself or as agent of another, assumes ownership of existing identified supplies tendered or approves specific services rendered as partial or complete performance of the contract.

Business Day: Refers to any day in which government normal business operations are conducted. For this contract, a business day will be IAW PWS Paragraph 6.0, Government Regular Working Hours.

Calendar Day: Refers to the period of elapse time, using Coordinated Universal Time or local time that begins at midnight and ends 24 hours later at the next midnight.

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Contracting Officer (CO): A person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer. "Administrative Contracting Officer (ACO)" refers to a Contracting Officer who is administering contracts. "Termination Contracting Officer (TCO)" refers to a Contracting Officer who is settling terminated contracts. A single Contracting Officer may be responsible for duties in any or all of these areas.

Contracting Officer’s Representative (COR): An individual, including a Contracting Officer’s Technical Representative (COTR), designated, and authorized in writing by the Contracting Officer to perform specific technical or administrative functions.

Contractor: A supplier or service provider that enters into a contract with the Government to provide specific supplies or services to the Government. The term in this contract refers to the prime.

Day: Unless otherwise specified, it means a calendar day.

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

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

Equipment: A tangible item that is functionally complete for its intended purpose, durable, nonexpendable, and needed for the performance of a contract. Equipment is not intended for sale, and does not ordinarily lose its identity or become a component part of another article when put into use. Equipment does not include material, real property, special test equipment or special tooling.

Facility: An establishment, structure, or assembly of equipment designated for a specific function; something designed, built, installed, etc., to serve a specific function affording a convenience or service.

Government-Furnished Property (GFP): Property in the possession of, or directly acquired by, the Government and subsequently furnished to the contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes contractor-acquired property if the contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.

Government Property: All property owned or leased by the Government. Government property includes both government-furnished property and contractor-acquired property. Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software.

Inspection: Examining and testing supplies or services (including, when appropriate, raw materials, components, and intermediates assemblies) to determine whether they conform to contract requirements.

Invoice: A contractor’s bill or written request for payment under the contract for supplies delivered or services performed.

Line Item: the basic structural element in a procurement instrument that describes and organizes the required product or service for pricing, delivery, inspection, acceptance, invoicing, and payment. The use of the term "line item" includes "subline item," as applicable.

Line Item Number (LIN): Either a numeric or alphanumeric format to identify a line item.

Non-Personal Services Contract: A 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. Non-personal service contracts are authorized by the Government IAW FAR 37.012, under general contracting authority, and do not require specific statutory authorization.

Performance Objectives: Describe the work that is to take place.

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Performance Requirements Summary (PRS): Identifies the key performance indicators of the contract that will be evaluated by the Government to ensure the contractor meets standards.

Performance Standard: Describe the desired results that are to be achieved. A measure of comparison; an acceptability criterion; a benchmark or yardstick against which a service will be measured.

Quality Assurance (QA): Refers to the various functions, including inspection, performed by the Government to determine whether a contractor has fulfilled the contract obligations pertaining to quality and quantity.

Quality Assurance Surveillance Plan (QASP): An organized written document used by the Government for quality assurance surveillance. A plan describing how the government will survey, observe, test, sample, evaluate and document the contractor’s performance in meeting critical performance standards identified in the contract.

Quality Control (QC): Refers to the various functions performed by the contractor to control and improve the quality of goods and services provided.

Quality Control Plan (QCP): An organized written document used by the contractor for quality control. A contractor’s internal quality assurance procedures for measuring, tracking, reporting, and analyzing contract performance. A contractor’s QCP is separate from the government’s QASP.

Random Sampling: A method of looking at a few individual items in a lot to determine the quality of that lot against a standard.

Service Contract: A contract that directly engages the time and effort of a contractor whose primary purpose is to perform an identifiable task rather than to furnish an end item of supply.

Serviceable Condition: Refers to items that are usable; ready for use; in proper operating condition; durable; clean and in good condition; usable for its intended purpose.

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

36.0 Acronyms

Acronym ACOR Alternate Contracting Officer Representative ADA Americans with Disabilities Act

ADEC Alaska Department of Environmental Conservation AGAR Agriculture Acquisition Regulation BMP Best Management Practices CAP Contractor Acquired Property CFE Contractor Furnished Equipment CFM Contractor Furnished Material CFP Contractor Furnished Property CFR Code of Federal Regulations CLIN Contract Line Item Number CO Contracting Officer

COR Contracting Officer Representative COTS Commercial-Off-the-Shelf

CPARS Contractor Performance Assessment Reporting System DID Data Item Description EPA Environmental Protection Agency

FAPIIS Federal Awardee Performance and Integrity Information System FAR Federal Acquisition Regulation

FPDS Federal Procurement Data System FS Forest Service

FSH Forest Service Handbook FSM Forest Service Manual

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GFE Government-Furnished Equipment GFM Government-Furnished Material GFP Government-Furnished Property

HIPAA Health Insurance Portability and Accountability Act of 1996 IAW In Accordance With IAS Integrated Acquisition system IPP Invoice Processing Platform N/A Not Applicable

NEPA National Environmental Policy Act NLT No Later Than NTE Not to Exceed OCI Organizational Conflict of Interest ODC Other Direct Costs OMB Office of Management and Budget

OSHA Occupational Safety and Health Administration PA Property Administrator

PIPO Phase In/Phase Out POC Point of Contact POP Period of Performance PRS Performance Requirements Summary PUB Publication PWS Performance Work Statement QA Quality Assurance

QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan

QC Quality Control QCP Quality Control Plan SAM System for Award Management SDS Safety Data Sheets SF Standard Form

TBN To Be Negotiated TE Technical Exhibit

USC United States Code USDA United States Department of Agriculture

WD Wage Determination

37.0 Applicable Laws, Regulations, and Guidance

The contractor shall perform the required services IAW the specifications in this PWS, and all applicable federal, state and local laws and regulations. Additional requirements and information may be found from the following sources:

EPA: Environmental Protection Agency (https://www.epa.gov)

NEPA: National Environmental Policy Act (https://www.epa.gov/nepa)

OSHA: Occupational Safety and Health Administration (https://www.osha.gov)