Attachment A - PWS.pdf

Ver. January 2021

PERFORMANCE WORK STATEMENT (PWS)

FOR

HYEX (HYDRAULIC EXCAVATOR, model JD230LC) Repair Services

1.0 General:

1.1 Scope: The contractor shall provide all personnel, equipment, tools, materials, supervision, and quality control necessary, except as specified in Paragraph 3.0 as Government Furnished, to perform Repair Services to the HyEx, as defined in this

PWS.

1.1.1 Objectives: Reserved.

1.2 Background: During normal operation of the HYDRAULIC EXCAVATOR (HYEX) the gear which maneuvers the cab, crane and bucket (swing gear box) became inoperable.

Through further inspection it was determined that the bolts securing the swing gear to its mounting brackets were loose, causing damage the swing gear, mounting bracket, and various other components. The Michigan Army National Guard (MIARNG) Field Maintenance Shop attempted to fabricate the mounting bracket but determined their fix would not work. The extent of the damage cannot be determined without further disassembly. The MIARNG does not have the means to secure repair parts through the Army Supply System nor the experience to repair this complex of equipment.

1.3 Period of Performance (PoP): The Period of Performance shall be 1 Base Year of 12 months.

1.4 General Information:

1.4.1 Place and Performance of Services: The contractor shall provide services at the contractor’s location except on recognized US holidays. The contractor will transport the equipment to and from the contractor’s location as defined in paragraph 3.4. The contractor shall at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the work force are essential.

Teleworking is authorized.

1.4.1.1 Telework: Telework shall be at no additional cost to the Government.

1.4.1.2 Unscheduled gate closures by the Security Police may occur at any time causing all personnel entering or exiting a closed installation to experience a delay. This cannot be predicted or prevented. Contractors are not compensated for unexpected closures or delays. Vehicles operated by contractor personnel are subject to search pursuant to applicable regulations. Any moving violation of any applicable motor vehicle

W912JB-22-Q-0012 ATTACHMENT A

Total Pages: 14 regulation may result in the termination of the contractor employee’s installation driving privileges.

1.4.1.3 The contractor’s employees shall become familiar with and obey the regulations of the installation, including fire, traffic, safety and security regulations while on the installation. The Government reserves the right to direct the removal of an employee from Government property or revoke access to Government systems for misconduct, security reasons, or any overt evidence of communicable disease. Removal of contractor employees for reasons stated above does not relieve the Contractor from responsibility for total performance of this contract.

1.4.2 Recognized Holidays: The following are recognized United States (US) holidays.

The contractor shall not perform services on these days:

1.4.3.1 New Year’s Day: January 1st

1.4.3.2 Martin Luther King, Jr.’s Birthday

1.4.3.3 President’s Day

1.4.3.4 Memorial Day

1.4.3.5 Independence Day: July 4th

1.4.3.6 Labor Day

1.4.3.7 Juneteenth: June 19th

1.4.3.8 Columbus Day

1.4.3.9 Veteran’s Day: November 11th

1.4.3.10 Thanksgiving Day

1.4.3.11 Christmas Day: December 25th

1.4.3 Quality Control (QC): The contractor shall develop and maintain an effective QC Plan (QCP) to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s QCP is the means by which it assures itself that its work complies with the requirements of the contract. As a minimum, the contractor shall develop QC procedures that address the areas identified in Technical Exhibit 1, Performance Requirements Summary (PRS).

1.4.4 Quality Assurance (QA): The Government will evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government will do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and acceptable quality level(s) or defect rate(s).

1.4.5 Reserved.

1.4.5.1 Reserved.

1.4.5.1.1 Reserved.

1.4.5.1.2 Reserved.

1.4.5.1.3 Reserved.

1.4.5.1.4 Reserved.

1.4.5.1.5 Reserved.

1.4.5.1.6 Reserved.

1.4.5.2 Reserved.

1.4.5.3 Reserved.

1.4.5.4 Reserved.

1.4.5.5 Reserved.

1.4.5.6 Reserved.

1.4.5.6.1 Reserved.

1.4.5.6.2 Reserved.

1.4.5.6.3 Reserved.

1.4.5.6.4 Reserved.

1.4.5.6.5 Reserved.

1.4.5.7 Reserved.

1.4.5.8 Reserved.

1.4.5.9 Reserved.

1.4.5.10 Reserved.

1.4.5.11 OPSEC Training: Reserved.

1.4.6 Physical Security. The contractor shall safeguard all Government property provided for contractor use. At the close of each work period, equipment and materials shall be secured.

1.4.6.1 Key Control. Reserved.

1.4.6.1.1 Reserved.

1.4.6.1.2 Reserved.

1.4.6.1.3 Reserved.

1.4.6.2 Lock Combinations: Reserved.

1.4.7 Special Qualifications: Reserved.

1.4.8 Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the KO in accordance with FAR 42.5.

The KO, COR and other Government personnel, as appropriate, may meet periodically with the contractor to review the contactor’s performance. At these meetings, the KO will apprise the contractor of how the Government views the contractor’s performance and the contractor shall apprise the Government of problems, if any, being experienced.

The contractor shall resolve outstanding issues raised by the Government. Contractor attendance at these meetings shall be at no additional cost to the Government.

1.4.9 Contract Manager (CM): The contactor shall designate a CM who shall ensure performance under this contract. The name of this person, and an alternate who shall act for the contractor when the CM is absent, shall be designated in writing to the KO.

The CM or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The CM shall work through the COR, to resolve issues, receive technical instructions, and ensure adequate performance of services. The CM shall ensure that contractor employees do not perform any services outside the scope of the contract without an official modification issued by the KO. The CM shall ensure contractor employees understand that services performed outside the scope of the contract are performed wholly at the expense of the contractor.

1.4.10 Identification of Contractor Employees: Contractor personnel shall wear identification badges distinguishing themselves as such. The badges shall have the company name, employee name and the word “contractor” displayed.

1.4.10.1 Reserved.

1.4.11. Combating Trafficking in Persons: The United States Government has adopted a zero-tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not engage in severe forms of trafficking in persons during the period of performance of the contract; procure commercial sex acts during the period of performance of the contract; or use forced labor in the performance of the contract. The Contractor shall notify its employees of the United States Government’s zero tolerance policy, the actions that will be taken against employees for violations of this policy. The contractor shall take appropriate action, up to and including termination, against employees or subcontractors that violate the US Government policy as described at

FAR 22.17.

1.4.12 Reserved.

1.4.13 Reserved.

1.4.14 Organizational Conflicts of Interest (OCI): The contractor and subcontractor personnel performing services 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 OCIs, 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. In the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may impose 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.

1.4.15 Reserved.

2.0 Definitions and Acronyms:

2.1 Definitions:

2.1.1 Contractor: A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

2.1.2 Defective Service: A service output that does not meet the standard of performance associated with the PWS.

2.1.3 Deliverable: Anything that can be physically delivered and includes non-manufactured things such as meeting minutes or reports.

2.1.4 Key Personnel. Reserved.

2.1.5 Physical Security: Actions that prevent the loss or damage of Government property.

2.1.6 Quality Assurance: The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

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

2.1.8 Quality Control: All necessary measures taken by the Contractor to ensure that the quality of an end product or service shall meet contract requirements.

2.1.9 Subcontractor: One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.2 Acronyms:

AEI Army Enterprise Infostructure AR Army Regulation AT/OPSEC Antiterrorism/Operational Security BI Background Investigation CM Contract Manager COR Contracting Officer Representative DA Department of the Army DD254 Department of Defense Contract Security Classification Specification DFARS Defense Federal Acquisition Regulation Supplement DoD Department of Defense FAR Federal Acquisition Regulation GFP/M/E/S Government Furnished Property/Material/Equipment/Services HQDA Headquarters, Department of the Army HSPD Homeland Security Presidential Directive IA Information Assurance IS Information System(s) KO Contracting Officer NGB National Guard Bureau OCI Organizational Conflict of Interest PII Personally Identifiable Information PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program SCR Service Contract Reporting SSN Social Security Number TE Technical Exhibit USD(I) Under Secretary of Defense for Intelligence

3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S):

The Government will provide the property, material, equipment, and/or services listed below solely for the purpose of performance under this contract:

3.1 Property: None.

3.2 Materials: None.

3.3 Equipment: None.

3.4 Services: None.

3.5 Utilities: None.

4.0 Contractor Furnished Property, Materials, and Equipment (CFP/M/E):

4.1 General: Except for those items specifically stated to be Government-Furnished in Paragraph 3.0, the contractor shall furnish everything required to perform these services as indicated in Paragraph 1.1.

4.2 Secret Facility Clearance: Reserved.

4.3 Contractor Security Clearance: Reserved.

5.0 Requirements: The contractor shall:

5.1.1 Contractor shall repair the HyEx based on the faults found and repairs recommended during independent technical examination. This document defines the scope of the repairs needed to achieve the 10/20 standards. Refer to Technical Exhibit 3.

5.1.2 Contractor shall source/provide any parts necessary for repair, and perform any repairs, replacement and/or modifications necessary to return the equipment to fully serviceable/operational capability.

5.1.2.1 The Government reserves the option to fund the purchase of the swing gear motor assembly if required for repair. Written authorization must be received from the COR prior to ordering this major assembly.

5.1.3 Any additional repairs/parts needed not specified in the initial cost of repair estimate referenced in 5.1.1 shall be immediately reported to the COR and authorization given to proceed, prior to beginning work or ordering parts.

5.1.4 Reserved.

5.1.5 MIARNG technical representative will conduct Quality Assurance (QA) checks once vendor has reported that equipment repair is complete. Purpose is to ensure that equipment is repaired to 10/20 standards In Accordance With (IAW) TM 5-3805-280-10, TM 5-3805-280-24-1, TM 5-3805-280-24-2. MIARNG technical QA inspection will be coordinated between the vendor and the COR.

5.1.6 Contractor shall provide COR with documentation and receipt of services performed NLT 5 business day after the MIARNG takes possession of equipment once it has been repaired.

5.1.7 Contractor shall be responsible for transporting the HyEx from the CSMS shop to their location for repair, and back to the owning units’, 1436th Engineer Company, armory in Montague, MI once the HyEx is inspected and agreed to be repaired and in full operational condition.

CSMS address is: 3323 N Martin Luther King Jr Blvd, Lansing, MI 48906.

Montague Armory address is: 8061 Cook St, Montague, MI 49437.

5.1.7.1 Contractor shall be responsible for repairing or replacing any parts, major assemblies, or entire piece of equipment, if damages or accidents occur at any point while HyEx is in the Vendors’ custody, to include loading/unloading on transport vehicle, transit to/from CSMS, and while at vendor’s repair facility.

5.1.8 Contractor shall complete all repairs and return the HyEx to Montague, MI Armory NLT 60 days post award in order to allow the owning customer unit to have the HyEx available for their scheduled training and operations.

5.1.9 Contractor shall warranty their repaired work for minimum of 6 months from the date that the HyEx is delivered to the Montague Armory.

6.0 Applicable Publications: Publications applicable to this PWS are listed below:

Publication (Chapter/Page)

Date of Publicatio n

Mandator y or

Advisory

Website

Federal Acquisition Regulation 3/10/2021 https://www.acquisition.gov/?q=browsefar Defense Federal Acquisition

Regulation Supplement 5/20/2021 http://www.acq.osd.mil/dpap/dars/dfarspgi/c urrent/index.html or https://www.acquisition.gov/dfars

Joint Travel Regulation (JTR) https://www.defensetravel.dod.mil/site/trave lreg.cfm

DoDM 1000.13-M-V1 DoD Identification (ID) Cards (Enclosure 2, paragraph 3.b)

01/23/201

(Change 1:

07/28/202 0) http://www.esd.whs.mil/Directives/issuance s/dodm

Federal Information Processing Standards (FIPS) Publication

201-2 Personal Identity Verification (PIV) of Federal Employees and Contractors (paragraph 9)

August http://nvlpubs.nist.gov/nistpubs/FIPS/NIST.

FIPS.201-2.pdf

DoDM 5200.2 Procedures for the DoD Personnel Security

Program (PSP)

04/03/201 https://www.esd.whs.mil/Directives/issuanc es/dodm/

DoDI 5200.46

DoD Investigative and Adjudicative Guidance for

Issuing the Common Access Card (CAC)

09/09/14 (Change

1:

05/04/201

8) es/dodi/

Homeland Security Presidential Directive (HSPD)-12 Policy for a Common

Identification Standard for Federal Employees and

Contractors

08/27/200 https://www.dhs.gov/homeland-security-presidential-directive-12

DoDI 5400.11 Department of Defense Privacy and Civil Liberties Programs

01/29/201 es/dodi/

DoD 5400.11-R

Department of Defense Privacy Program

05/14/200 https://www.acquisition.gov/?q=browsefar http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html https://www.acquisition.gov/dfars http://www.esd.whs.mil/Directives/issuances/dodm http://www.esd.whs.mil/Directives/issuances/dodm http://nvlpubs.nist.gov/nistpubs/FIPS/NIST.FIPS.201-2.pdf http://nvlpubs.nist.gov/nistpubs/FIPS/NIST.FIPS.201-2.pdf https://www.esd.whs.mil/Directives/issuances/dodm/ https://www.esd.whs.mil/Directives/issuances/dodm/ https://www.esd.whs.mil/Directives/issuances/dodi/ https://www.esd.whs.mil/Directives/issuances/dodi/ https://www.dhs.gov/homeland-security-presidential-directive-12 https://www.dhs.gov/homeland-security-presidential-directive-12 https://www.esd.whs.mil/Directives/issuances/dodi/ https://www.esd.whs.mil/Directives/issuances/dodi/

DoDD 8140.01 Cyberspace Workforce

Management

10/05/202 es/dodd/

DoD 8570.01-M

Information Assurance Workforce Improvement

Program

12/19/200 5 (Change

4:

11/10/201

5)

DoD 5220.22-M National Industrial Security Program Operating Manual

(NISPOM)

02/28/200

(Change 2:

05/18/201 6)

Army Directive 2014-05 Policy and Implementation Procedures for Common

Access Card Credentialing and Installation Access for Uncleared Contractors

03/07/201 https://armypubs.army.mil/ProductMaps/Pu bForm/ArmyDir.aspx

AR 25-2

Information Assurance

04/04/201 http://armypubs.army.mil/ProductMaps/Pub Form/AR.aspx

AR 530-1

Operations Security

09/26/201 http://armypubs.army.mil/ProductMaps/Pub Form/AR.aspx

AR 525-13

Antiterrorism

12/09/201 http://armypubs.army.mil/ProductMaps/Pub Form/AR.aspx

TM 5-3805-280-10 Mandator y

Digital Copy Provided by COR

TM 5-3805-280-24-1 & TM 5-

3805-280-24-2

Mandator y

Digital Copy Provided by COR

6.1 Applicable Forms: Forms applicable to the PWS are listed below:

Form Date Website I-9

Employment Eligibility Verification

10/21/201 https://www.uscis.gov/sites/default/files/files/form/i- 9.pdf

DD 441

Department of Defense Security Agreement

Feb 2020 http://www.dtic.mil/whs/directives/forms/dd/ddforms 0001-0499.htm

DD 250

Material Inspection and

Receiving Report

Aug 2000 https://www.esd.whs.mil/Directives/forms/dd0001_0 499/ https://www.esd.whs.mil/Directives/issuances/dodd/ https://www.esd.whs.mil/Directives/issuances/dodd/ https://www.esd.whs.mil/Directives/issuances/dodm/ https://www.esd.whs.mil/Directives/issuances/dodm/ https://www.esd.whs.mil/Directives/issuances/dodm/ https://www.esd.whs.mil/Directives/issuances/dodm/ http://armypubs.army.mil/ProductMaps/PubForm/AR.aspx http://armypubs.army.mil/ProductMaps/PubForm/AR.aspx http://armypubs.army.mil/ProductMaps/PubForm/AR.aspx http://armypubs.army.mil/ProductMaps/PubForm/AR.aspx http://armypubs.army.mil/ProductMaps/PubForm/AR.aspx http://armypubs.army.mil/ProductMaps/PubForm/AR.aspx https://www.uscis.gov/sites/default/files/files/form/i-9.pdf https://www.uscis.gov/sites/default/files/files/form/i-9.pdf http://www.dtic.mil/whs/directives/forms/dd/ddforms0001-0499.htm http://www.dtic.mil/whs/directives/forms/dd/ddforms0001-0499.htm https://www.esd.whs.mil/Directives/forms/dd0001_0499/ https://www.esd.whs.mil/Directives/forms/dd0001_0499/

DA Form 5988-E

EQUIPMENT

MAINTENANCE AND

INSPECTION WORKSHEET

Mar 1991 https://armypubs.army.mil/ProductMaps/PubForm/D etails.aspx?PUB_ID=53805 https://armypubs.army.mil/ProductMaps/PubForm/Details.aspx?PUB_ID=53805 https://armypubs.army.mil/ProductMaps/PubForm/Details.aspx?PUB_ID=53805

TECHNICAL EXHIBIT 1

Performance Requirements Summary (PRS)

This PRS includes performance objectives the Government will use to determine contractor performance and will compare contractor performance to the Acceptable Quality Level (AQL).

Performance Objective Performance

Standard Acceptable Quality

Levels (AQL) Surveillance Method / By

Whom 5.1.5

Final Inspection On completion of repairs contractor and a MIARNG licensed representative shall perform functions check to ensure quality of work

Equipment meets the standard IAW TM 5- 3805-280-10, and does not fail any operational checks.

Inspection/COR Representative

5.1.6 Documentation/Receipt

Contractor shall provide COR with documentation/receipt of services performed NLT 5 business day after the MIARNG takes possession of equipment.

Vendor fails to submit documentation/receipts within 3 business days after specified time

Inspection/COR

5.1.7 HyEx

Transportation

Contractor shall be responsible for transporting the HyEx from the CSMS shop to their location for repair, and back to CSMS once the HyEx is inspected and agreed to be repaired and in full operational condition. Within 5 business days of award and within 5 business days of approved repair.

Vendor fails to conduct transportation of the

HyEx within 3 business days after the specified time.

Inspection /

COR /

Representative

5.1.8 Ultimate repair

and return deadline

Contractor shall return repaired HyEx to Montague, MI Armory NLT 60 days post award

Contractor delivers HyEx to Montague, MI

Armory 1 day after stated date

Physical delivery &

Inspection /

COR /

TECHNICAL EXHIBIT 2

Deliverables Schedule

PWS

Reference / Deliverable

Title

Frequency Number of

Copies

Medium/Format Submit To

5.1.6 Service and

Repair Completion Documents

5 business days after job completion.

1 Electronic Submission COR

5.1.7 HyEx

Transportation

5 business days after award and after repairs are confirmed

1 Physical Delivery COR Representative

5.1.8 Ultimate

repair and return deadline

Contractor shall return repaired

HyEx to Montague, MI

Armory NLT 60 days post award

1 Physical delivery & Inspection / COR / Representative

COR

Technical Exhibit 3

Repair Requirements

*** Swing gearbox assembly-if swing motor is not repairable. Government may purchase new Swing gearbox at her discretion.

Inspector Recommendation of Repair Part Description QTY Price Rebuild swing gear box due to damage housing with new housing, bearing and seals, include shaft if needed.

Remove existing hardware from the swing gearbox mount and repair holes as need.

Shaft (if needed) 1

Seal 1 Bearing 1 Housing 1 Bolt 12 Thread Repair kit 1 Oil/Locktight 1 Dowel pin 2