B08_-_Performance_Work_Statement_-_Final_Flight_(final).pdf

PERFORMANCE WORK STATEMENT (PWS)

Retrieval, Storage, and transportation of Seized Evidence

GENERAL INFORMATION IS PRESENTED IN BLUE ITALICS WITH PARENTHESIS

BORDERS, WHILE FILL-IN GUIDANCE IS PRESENTED IN BLUE ITALICS WITH BRACKET

BORDERS. PLEASE DELETE ALL BLUE ITALICS WHEN FINALIZING THE PWS.

If any paragraph is not applicable, delete the paragraph TEXT and add “Not Applicable” Do not delete the paragraph number/title.

Part 1

General Information

1. GENERAL: This is a non-personnel services contract to provide retrieval, storage, and transportation of seized evidence. 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.

1.1 Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform retrieval, storage, and transportation of seized evidence as defined in this Performance Work Statement except for those items specified as government furnished property and services. The Contractor shall perform to the standards in this contract.

1.2 Background:

The United States Fish and Wildlife Service (Service), Office of Law Enforcement, is in immediate need of specialized services to pack, transport, and store fragile taxidermy bird mounts, which were seized pursuant to a federal search and seizure warrant that was issued in support of an ongoing Service criminal investigation. As a result of this investigation, the Service intends to seize approximately 450 additional taxidermy bird mounts from the subject's property as soon as this request is approved. In order to adequately preserve the evidence, the bird mounts need to be properly packed and stored in a temperature controlled environment. Furthermore, the bird mounts need to be periodically treated with pest control products to mitigate damage from infestations. At the moment, the Service's repository in Commerce City, CO is currently undergoing renovations, with an anticipated completion date of June 2022. As such, due to limited transportation and storage resources, the Service is in immediate need of a company that can provide these specialized services.

1.3 Objectives:

The contracted provider will perform the following services:

- Pack seized evidence, specifically, approximately 450 taxidermy bird mounts and associated documents located in Cataula, GA.

- Transport seized evidence to provider’s storage warehouse located Atlanta, GA.

- Maintain seized evidence during storage, including pest mitigation applications and adherence to chain-of-custody protocols.

- Transport seized evidence to Service repository in Commerce City, CO upon completion of repository

1.4 Scope: The provider will facilitate packing, transportation, and storage services for seized evidence.

Services include packing of evidence located on-site, transporting of evidence to provider’s storage warehouse, maintaining evidence at provider’s storage warehouse, and transporting evidence to Service’s repository at the appropriate time. The provider has agreed to provide all necessary packing material and equipment, transportation vehicles, necessary personnel, and pest control applications.

The Contractor shall accomplish safe and secure packing, storage, and transportation of taxidermy bird mounts seized pursuant to a federal search and seizure warrant.

1.5 Period of Performance: The period of performance shall be for ten (10) months, commencing on the date that the evidence packing begins.

1.6 General Information

1.6.1 Quality Control: The Contractor shall develop and maintain an effective quality control 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. The Contractor’s quality control program is the means by which they assure themselves that their work complies with the requirement of the contract.

1.6.2 Quality Assurance: The government shall evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must 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 the minimum acceptable defect rate(s).

1.6.3 Recognized Holidays:

The Contractor is not required to perform services on holidays.

1.6.4 Hours of Operation: The Contractor is responsible for conducting business, between the hours of 8:00am to 5:30pm Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the Contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.5 Place of Performance: The work to be performed under this contract will be performed at a private residence in Cataula, GA, the Contractor’s facility in Atlanta, GA, and a government facility in Commerce City, CO.

Packing of Evidence: 2100 Hamilton Mulberry Grove Road, Cataula, GA 31804

Storage of Evidence: 4194 NE Expressway, Atlanta, GA 30340

Transportation and Unloading of Evidence: Rocky Mountain Arsenal, Building 128, Commerce City, CO

1.6.6 Type of Contract: The government will award a (Type of contract to be determined by CO and the customer).

1.6.7 Security Requirements: Not applicable.

1.6.7.1 PHYSICAL Security: The Contractor shall be responsible for safeguarding all government equipment, information and property provided for Contractor use.

1.6.7.2 Key Control. Not applicable

1.6.7.3 Lock Combinations: The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Contractor’s Quality Control Plan.

1.6.8 Special Qualifications: Not applicable.

1.6.9 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the contracting officer 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.

These meetings shall be at no additional cost to the government.

1.6.10 Contracting Officer Representative (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is 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 communications with the Contractor concerning technical aspects of the contract:

issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.11 Key Personnel:

The Contractor shall provide a contract manager who shall be responsible for the performance of the work.

The name of this person and an alternate who shall act for the Contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 8:00 a.m. to 5:30 p.m., Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons. Qualifications for all key personnel are listed below: not applicable.

1.6.12 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.6.13 Contractor Travel: Contractor will be required to travel to the evidence retrieval site in Cataula, GA and then to the provider’s storage warehouse in Atlanta, GA. At an agreed upon date, the Contractor will be required to travel to the Service’s repository in Commerce City, CO. Contractor will be authorized travel expenses consistent with the substantive provisions of the Joint Travel Regulation (JTR) and the limitation of funds specified in this contract. All travel requires Government approval/authorization and notification to the COR.

1.6.14 Other Direct Costs: Not applicable.

1.6.15 Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.6.16 Organizational Conflict of Interest: Contractor and subContractor personnel performing work 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 Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer 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 Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may effect 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.

1.6.17 PHASE IN /PHASE OUT PERIOD: Not applicable.

PART 2

DEFINITIONS & ACRONYMS

2. 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. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

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

2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11. SUBCONTRACTOR. One that enters into a contract with a prime Contractor. The Government does not have privity of contract with the subContractor.

2.1.12. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.13. WORK WEEK. Monday through Friday, unless specified otherwise.

2.1.14. EVIDENCE – any and all items, including but not limited to taxidermy mounts and documents, that the Service has seized pursuant to a federal search and seizure warrant.

2.2. ACRONYMS:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: The Government will provide the Contractor with access to the evidence site located in Cataula, GA as well as access to the Service’s repository in Commerce City, CO. The Government will provide personnel to assist the Contractor in identifying items to be retrieved and packed at the site in Cataula, GA.

3.2 Facilities: Not applicable.

3.3 Utilities: Not applicable.

3.4 Equipment: Not applicable.

3.5 Materials: Not applicable.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.2 Secret Facility Clearance: Not applicable.

4.3. Materials: The Contractor shall provide all necessary packing material and pest control applications.

4.4. Equipment: The Contractor shall provide all equipment and tools needed for packing, as well as all transportation vehicles.

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services. The Contractor shall provide services for packing seized evidence, specifically, approximately 450 taxidermy bird mounts and associated documents located in Cataula, GA; transporting seized evidence to Contractor’s storage warehouse located Atlanta, GA; maintaining seized evidence during storage, including pest mitigation applications and adherence to chain-of-custody protocols;

transporting seized evidence to Service repository in Commerce City, CO upon completion of repository renovations.

5.2. Task Heading.

5.2.1 – Travel to the evidence site location in Cataula, GA.

5.2.2 – Uninstall, dismantle, and pack evidence for transportation and storage.

5.2.3 – Transport evidence from Cataula, GA to the provider’s temperature-controlled storage warehouse in Atlanta, GA.

5.2.4 – Maintain evidence during storage, including pest control mitigation and adherence to chain-of-custody protocols.

5.2.5 – Transport evidence from Atlanta, GA to Service’s repository in Commerce City, CO.

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

6.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures. Furthermore, the Contractor must abide by evidence storage and chain-of-custody policies as outlined in Service Manual Part 445, Exhibit 1 (See attached).

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. Attachment/Technical Exhibit List:

7.1. Attachment 1 – Service Manual Part 445, Exhibit 1