Attachment B - PWS_WON1881024 Heavy Equipment Lease NECF PP NBG_03JULY2025.pdf

N40192-25-Q-9014-WON 1881024 Heavy Equipment Lease NECF Polaris Point, NBG GU Performance Work Statement

Performance Work Statement (PWS) N40192-25-Q-9014 – WON 1881024 Heavy Equipment Lease for Naval Expeditionary Construction

Forces at Polaris Point, Naval Base Guam, Guam

Date: 03 July 2025

1.0 SUMMARY OF SERVICE

The Contractor shall provide a one (1) year lease of two (2) pieces of construction heavy equipment, including delivery, pickup, maintenance, and replacement services, for use by Naval Expeditionary Construction Forces at Naval Base Guam. The Contractor shall ensure all services and equipment comply with original equipment manufacturer (OEM) specifications, federal and Navy regulations, and environmental and safety standards to maximize operational efficiency and protect public funds.

2.0 PLACE OF SERVICE

The equipment shall be delivered to and primarily used at the following locations:

• 2.1 Polaris Point Access Road, Naval Base Guam (Lat/Lon: 13°26'10.4"N 144°40'42.5"E)

• 2.2 Radio Barrigada, Naval Computing and Telecommunications Station Guam (Lat/Lon:

13°28'44.4"N 144°48'45.5"E)

• 2.3 The Government reserves the right to self-transport rented equipment between the sites listed in 2.1 and 2.2 at its discretion to support project requirements. The Contractor shall ensure equipment is suitable for such transport and provide any necessary documentation or accessories (e.g., tie-down points, transport guides) to facilitate safe and compliant movement.

3.0 PERIOD OF PERFORMANCE

• 3.1 Base Period: 01 September 2025 – 30 August 2026

• 3.2 The Contractor shall ensure uninterrupted availability of equipment throughout the period, except as specified in cases of maintenance or failure.

4.0 GOVERNMENT FURNISHED PROPERTY AND SERVICES

• 4.1 The Government shall provide fuel and refueling services in accordance with OEM specifications provided by the Contractor.

• 4.2 The Government shall provide, upon Contractor request, verification of operators’ licenses and qualifications prior to equipment operation.

• 4.3 The Government shall operate the equipment using qualified personnel and assume responsibility for operator-related damage due to negligence or misuse, as determined by a joint inspection with the Contractor.

• 4.4 The Government shall comply with all Federal, state, and local laws and regulations regarding certification, training and licensing. Material Handling Equipment (MHE), Ordnance Handling Equipment (OHE), Government personnel/operators shall comply with the standards stated in NAVFAC P-300, NAVFAC P-307, and NAVSEA OP-2239. Government personnel/operators engaged in transporting ammunition, explosives, or other dangerous/hazardous materials shall be qualified in accordance with 49 CFR Chapter 3, NAVSEA OP-2239, NAVFAC P-300, NAVFAC P-307, TO 36-191, AFI 21-101, AFI 24-301, AFI 23-101, and all applicable laws and regulations.

Government personnel working on electric vehicles shall be certified to work on the electrical components, subassemblies and assemblies.

5.0 CONTRACTOR FURNISHED PROPERTY

The Contractor shall provide the following equipment and materials meeting the specified requirements:

• 5.1 One (1) Excavator with the following salient characteristics for a period of twelve (12) months:

o Engine Horsepower: 170 hp or greater o Bucket Capacity: 1.8 CY or greater o Max Dig Depth: 22 ft or deeper o Max Vertical Wall Dig Depth: 18 ft or deeper o Boom Reach: 18 ft or greater o Stick Reach: 9 ft or greater o Max Reach at Ground Level: 32 ft or greater o Cut Height: 30 ft or taller

• 5.2 One (1) Wheel Loader with the following salient characteristics for a period of twelve (12) months:

o Engine Horsepower: 250 hp or greater o Minimum Engine Torque: 1100 nm or greater o Minimum Bucket Size: 4 cubic yard / 3 cubic meter o Minimum Lift Height @ Top of Roll Over Protection System: 3.4 meters or greater o Hinge Pin Height at Maximum Lift: 13 ft

• 5.3 All necessary lubricants, hydraulic fluids, brake fluids, transmission fluids, and other consumables per OEM specifications.

• 5.4 All filters, belts, brake pads, and other consumable or replaceable maintenance and repair parts per OEM specifications.

• 5.5 The Contractor shall provide a detailed equipment condition report, including photographs and maintenance history, at the time of delivery to establish a baseline for equipment condition.

• 5.6 General maintenance and service on the equipment shall be performed by the Contractor in accordance with the manufacturer’s specifications. Basic warranty repair items noted during the warranty period will be referred to the Contractor and/or a designated authorized dealer for resolution.

6.0 QUALITY ASSURANCE REQUIREMENTS

• 6.1 The Contractor shall perform all maintenance, including replacement and installation of materials identified in 5.3 and 5.4, per OEM-specified periodicities or usage tolerances.

Maintenance shall be conducted with minimal disruption to Government operations, and the Contractor shall provide a maintenance schedule within five (5) business days of contract award.

• 6.2 The Contractor shall ensure compliance with all local, state, federal, and Navy environmental and safety regulations, including but not limited to Occupational Safety and Health Administration (OSHA) standards and Navy Occupational Safety and Health (NAVOSH) requirements. The Contractor shall provide all required certifications for safe and lawful equipment operation prior to delivery and maintain them throughout the period of performance.

All lease equipment operated by the Government shall contain a set of owner/operator’s manuals.

Operational manuals shall cover all controls, systems, devices, doors, windows, and all other accessories of the complete equipment.

• 6.3 The Contractor shall conduct quarterly inspections of the equipment in coordination with the Government to verify condition and compliance. Inspection reports shall be submitted to the Government within three (3) business days of each inspection.

• 6.4 The Contractor shall provide a 24/7 point of contact for reporting equipment issues, with a response time not exceeding two (2) hours from notification.

7.0 PERFORMANCE REQUIREMENTS

• 7.1 The Contractor shall deliver equipment to the designated sites (2.1 and/or 2.2) with all necessary loading and unloading materials (e.g., ramps, rigging). The contractor shall furnish all labor, supervision, tools, materials, transportation, and management necessary for the delivery of the leased industrial type heavy equipment. Delivery shall occur no later than 01 September 2025, with prior coordination with the Government.

• 7.2 In the event of equipment failure (defined as any condition rendering the equipment inoperable or unsafe), the Contractor shall provide equivalent replacement equipment within three

(3) business days at no additional cost to the Government. Replacement equipment must meet or exceed the specifications of the original equipment.

• 7.3 The Contractor shall not be paid for any period during which equipment is inoperable, beginning one (1) business day after notification of failure until the equipment is restored or replaced. Payment deductions shall be proportional to the rental rate.

• 7.4 The Contractor shall provide on-site technical support within 24 hours of a Government request to address equipment issues, at no additional cost.

• 7.5 The Contractor shall maintain a spare parts inventory on Guam sufficient to support immediate repairs and minimize downtime, with a list of available parts provided to the Government upon contract award.

• 7.6 The Contractor shall ensure equipment is delivered in fully operational condition, with all systems tested and verified prior to delivery. A joint acceptance inspection with the Government shall be conducted upon delivery, and any deficiencies must be corrected within two (2) business days at the Contractor’s expense.

• 7.7 Inspection and Acceptance of Equipment will be specified by the ordering activity when order is place with Contractor, and the Government will accept or reject equipment within two (2) workdays after receipt. Equipment shall be free of defects that may impair serviceability or detract from appearance.

• 7.8 If the Government determines that any equipment furnished is not in compliance with the contract, the Contractor will be notified in writing within two (2) workdays with a copy to the Contracting Officer, Naval Facilities Engineering Systems Command Marianas, Guam. If the Contractor fails to replace the equipment or correct the defects, the Government may (a) by contract or otherwise, correct the defect or arrange for the lease of a similar equipment and shall charge or offset against the Contractor any excess costs occasioned thereby, or (b) NAVFAC Marianas may terminate the contract under the default clause.

8.0 CONTRACT REQUIREMENTS

• 8.1 Contractor personnel accessing Naval Base Guam for delivery, maintenance, or other contract-related activities shall complete a SECNAV 5512/1 (APR 2014) for background checks and provide a Real ID or U.S. Passport. The Contractor shall submit personnel information at least ten (10) business days prior to accessing the base.

• 8.2 The Contractor shall maintain comprehensive general liability insurance and equipment insurance, covering damage, theft, or loss, with the Government named as an additional insured party. Proof of insurance shall be provided prior to contract execution.

• 8.3 Within 15 calendar days after award of this contract, the Contractor shall submit a Certificate of Insurance as evidence of the existence of the following insurance coverage in amounts not less than the amounts specified below in accordance with the FAR Clause 52.228-8, LIABILITY AND INSURANCE – LEASED MOTOR VEHICLES. This insurance must be maintained during the performance period.

• 8.4 Certificate of Insurance. The Certificate of Insurance shall provide for at least 30 calendar days written notice to the Contracting Officer by the insurance company prior to cancellation or material change in policy coverage. Other requirements and information are contained in the aforementioned insurance clause.

• 8.5 The Contractor shall submit monthly performance reports detailing equipment usage, maintenance performed, and any issues encountered, due by the 5th business day of each month.

• 8.6 The Government reserves the right to terminate the contract for default if the Contractor fails to meet performance requirements, including but not limited to timely delivery, maintenance, or replacement obligations. Termination costs, including re-procurement expenses, shall be borne by the Contractor.

• 8.7 The Government will notify the Contractor within three (3) working days of accident/theft and will arrange for repairs of accident damage, including damage sustained to a stolen equipment during the period prior to recovery. The Contractor is required to provide a replacement equipment during the period the equipment is out of service. The accrued lease cost for the month in which the accident/theft occurs shall be determined on a prorated basis for such month.

• 8.8 The Government will be responsible for loss of or damage to: (1) Leased equipment, except for normal wear and tear. (2) Property of third persons, or the injury or death of a third person if the Government is liable for such loss, damage, injury, or death under the Federal Tort Claims Act (28 USC 2671.2680).

• 8.9 The Contractor shall provide the furnished equipment commercial warranty against parts failure or malfunction due to design, construction, or installation errors, defective workmanship, and missing or incorrect parts for a minimum of thirty-six (36) months from date of acceptance, or 36,000 miles of operation, exclusive of any accumulated driveway mileage, whichever occurs first. Warranty coverage shall include any defects or shortcomings. Contractor shall provide a warranty, in conformance with applicable regulations of the Federal Environmental Protection Agency, that covers emission control related parts which will be replaced, repaired, or adjusted if there is defect in a covered part that causes the vehicles to fail to conform to regulations during the duration of the lease or extended lease. The Contractor shall provide a suitable replacement if any equipment is having major warranty problems / repairs. Replacement equipment shall be provided upon request at no additional cost to the activity; the Contractor is required to provide a replacement equipment while equipment is in for repairs exceeding four (4) hours. The warranty provisions are to be the manufacturer’s standard warranty for new equipment and will be specified by the ordering activity when order is place with Contractor on task order.

• 8.10 All equipment shall be American made.

• 8.11 The equipment furnished by the Contractor shall comply with Federal Motor Vehicles

Standards (49 CFR 571) and applicable state safety regulations.

• 8.12 The Contractor shall provide license and registration for all Contractor furnished equipment (CFE) leased under this contract.

9.0 ENVIRONMENTAL AND SAFETY COMPLIANCE

• 9.1 The Contractor shall ensure all equipment meets Tier 4 Final or equivalent emission standards to minimize environmental impact.

• 9.2 The Contractor shall provide spill kits and training materials for Government operators to address minor fluid leaks, with the Contractor responsible for cleanup of any major spills caused by equipment defects.

• 9.3 The Contractor shall certify that equipment is free of hazardous materials (e.g., asbestos, lead-based paint) and provide documentation upon delivery.

• 9.4 The equipment furnished by the Contractor shall comply with Federal Motor Vehicles Standards (49 CFR 571) and applicable state safety regulations.

• 9.5 Lease equipment markings are in compliance.

• 9.6 The Contractor shall obtain necessary permits for the movement of overweight/oversized loads on public highways. Necessary permits must be obtained prior to scheduled performance. In addition, the equipment shall be equipped with emissions equipment certified for use in any U.S.

State and/or its territories.

10.0 INVOICING AND PAYMENT

• 10.1 The Contractor shall submit invoices monthly, accompanied by a performance report and verification of equipment operability. Equipment Rental billing and supporting documentation is submitted on time and is accurate.

• 10.2 The Government shall withhold payment for any period of non-performance or non-compliance until resolved, with disputes handled per the contract’s dispute resolution clause.

• 10.3 The Contractor shall not charge for maintenance downtime exceeding four (4) hours per instance, with a maximum of eight (8) hours per month, unless pre-approved by the Government.

• 10.4 Direct material costs are the actual vendor invoice charges for materials used for performance of work under this contract. Direct material costs shall include transportation charges when such charges are included on the invoice by the vendor, as well as any discounts allowed for prompt payment and discounts or rebates for core value or salvage value that accrue to the Contractor. When questions arise concerning the cost of materials, material costs will be based on the lowest of quotes provided by the Contractor from at least three different commercial vendors for the direct material cost. The Government retains the right to obtain additional quotes in questionable situations. The lowest price will be used.

11.0 GOVERNMENT OVERSIGHT

• 11.1 Except for items identified as Government Furnished, the Contractor shall provide all equipment, materials, parts, supplies, components, and facilities to perform the requirements of this contract. The Government may inspect Contractor-furnished items for adequacy and compliance with contract requirements. Inadequate or unsafe items shall be removed and replaced by the Contractor at no cost to the Government. Materials containing asbestos, lead, and polychlorinated biphenyls (PCBs) shall not be brought onsite. Energy efficient tools and equipment shall be used when available. The Government may at any time require Samples, Safety Data Sheets (SDS) or Manufacturer’s Data Cut Sheets of Materials used in this contract.

• 11.2 The Government shall appoint a Contracting Officer’s Representative (COR) to monitor Contractor performance, conduct inspections, and approve deliverables.

• 11.3 The Contractor shall provide access to maintenance records and equipment data upon request to verify compliance with OEM specifications and contract requirements.