Card Terminal PWS.pdf

PERFORMANCE WORK STATEMENT (PWS)

Nutrition Care Division Verifone Credit Card Terminals

Part 1

General Information

1. GENERAL: This is a non-personal services contract to provide lease of and maintenance for Verifone M400 credit card terminals. 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 provide operational credit card terminals as defined in this Performance Work Statement (PWS), section 5 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 Nutrition Care Division (NCD) operates a dining facility (DFAC) at Martin Army Community Hospital. To provide options for patrons the DFAC accepts both cash and credit/debit cards.

NCD leases the credit card terminals under a full-service contract that includes maintenance. The credit card terminals currently in use must be replaced due to upgraded security standards. For compatibility with our existing POS system the new terminals must be Verifone M400 model card terminals (hereafter referred to as card terminals).

1.3 Objectives: To provide card terminals for use in the DFAC with minimal down time due to maintenance issues.

1.4 Scope: Provide leased card terminals and any required maintenance due to normal wear and tear and accidental damage. Services include provision of card terminals pre-loaded with required security certificates/keys, creation of all accounts required to operate terminals, payment of Verifone service fees, and maintenance of terminals to address any issues during lease period.

1.5 Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and four (4) 12 month option years. The Period of Performance is as follows:

12 February 2024 to 11 February 2025 12 February 2025 to 11 February 2026 12 February 2026 to 11 February 2027 12 February 2027 to 11 February 2028 12 February 2028 to 11 February 2029

Labor Day Columbus Day Veteran’s Day Thanksgiving Day

Base Year Option Year I Option Year II Option Year III Option Year IV

1.6 General Information

1.6.1 Federal Observed Holidays:

New Year’s Day Martin Luther King Jr.’s Birthday President’s Day Memorial Day Juneteeth Independence Day

Christmas Day

1.6.2 Hours of Operation: The Contractor is responsible for conducting business, between the hours of 8:00AM thru 4:00PM Monday through 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. 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.

1.6.3 Place of Performance: The work to be performed under this contract will be performed at Martin Army Community Hospital, 6600 Van Aalst Blvd, Fort Moore, GA 31905.

1.6.5 Quality Assurance: The contractor shall comply with the government’s quality assurance program as defined in the Quality Assurance Surveillance Plan. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable quality level(s) (AQL). Government surveillance of contractor performance is not limited to the Performance Objectives as outlined in this PWS. The Government reserves the right to conduct compliance surveillance of any contractual requirement of this acquisition. (Note: This paragraph does not apply in PWSs for Commercial Contracts.)

1.6.6 Type of Contract: The Government will award a firm fixed price (FFP) contract.

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 (FAR) Subpart 42.5. The KO and Contracting Officer’s Representative (COR) shall meet periodically with the contractor to review the contractor's performance. At these meetings the KO 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.

1.6.10 Contracting Officer’s Representative (COR): The COR Management System Tool (Virtual Contracting Enterprise (VCE)-Acquisition Resource Center (ARC) https://arc.army.mil/COR) for nomination, tracking, documentation, and management of CORs will be used. 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, and specifications; monitor Contractor's performance and notifies both the KO 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 following personnel are considered key personnel by the Government:

Contract Manager. 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 8:00AM thru 4:00PM, Monday through Friday except Federal holidays or when the Government facility is closed for administrative reasons.

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.

1.6.14 Contractor Personnel Conduct: Contractor personnel’s conduct shall not reflect discredit upon the Government. The Contractor shall ensure that personnel present a professional appearance. The

Contractor’s employees shall observe and comply with all local policies and procedures concerning fire, safety, environmental protection, sanitation, security, and possession of firearms or other lethal or illegal weapons or substance. The Contractor is responsible for ensuring that any contractor employees providing services under this contract conduct themselves and perform services in a professional, safe, and responsible manner. The Contractor shall remove from the job site any employee for reasons of misconduct or security. In accordance with DOD Directive 5500.7-R, “Joint Ethics Regulation”, Contractor employees must avoid improperly influenced in the execution of their duties under the contract. Particular attention should be paid to acceptance of gifts/ gratuities, and on non-disclosure of sensitive or classified information. The Contractor shall ensure employee conduct complies with 41 U.S. C 423 relative to release of acquisition related information or actions or discussions which may prejudice future competitions. The Contractor shall ensure no contractor employees conduct political related activities or events on the USAR Facilities.

1.6.16 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 KO. 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.

1.6.17 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 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, and in the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may affect 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.

1.6.18 Phase In/Phase Out: To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have key personnel on board, during the 30 day phase in/ phase out periods. The Contractor shall, upon the Contracting Officer's written notice, (1) furnish phase-in and phase-out services for up to 10 months after this contract expires and (2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in and phase-out services required.

The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and shall be subject to the Contracting Officer's approval. The Contractor shall provide sufficient experienced personnel during the phase-in and phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency.

1.6.20 Emergency Services

1.6.20.1 The Contractor shall have competent personnel trained and capable of dealing with minor personnel injuries. The Contractor of their employees shall immediately notify their supervisor of any accident requiring emergency medical treatment. The Contractor will, in turn, notify the KO or COR within 30 minutes of the incident.

1.6.20.2 Emergency medical treatment and services for Contractor personnel is the responsibility of the Contractor.

PART 2

DEFINITIONS, ACRONYMS, AND ABBREVIATIONS

2. DEFINITIONS AND ACRONYMS:

2.1 Definitions:

2.1.1 Cannibalize. Remove parts from Government property for use or for installation on other Government property.

2.1.2 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.

2.1.3 Contractor Acquired Property. Property acquired, fabricated, or otherwise provided by the contractor for performing a contract and to which the Government has title.

2.1.4 Contracting Officer (KO). 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.

2.1.5 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.

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

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

2.1.8 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.

2.1.9 Government Furnished Property. 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.

2.1.10 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.

2.1.11. 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. The prime contractor is responsible for performance of all subcontractors.

2.1.12 Loss of Government Property. Unintended, unforeseen or accidental loss, damage, or destruction of Government property that reduces the Government’s expected economic benefits of the property. Loss of Government property does not include occurrences such as purposeful destructive testing, obsolescence, normal wear and tear, or manufacturing defects. Loss of Government property includes, but is not limited to:—

(1) Items that cannot be found after a reasonable search;

(2) Theft:

(3) Damage resulting in unexpected harm to property requiring repair to restore the item to usable condition; or

(4) Destruction resulting from incidents that render the item useless for its intended purpose or beyond economical repair.

2.1.13 Material. Property that may be consumed or expended during the performance of a contract, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end-item. Material does not include equipment, special tooling, and special test equipment or real property.

2.1.14 Non-Personal Services. 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 in accordance with FAR 37.012, under general contracting authority, and do not require specific statutory authorization.

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

2.1.16 Property. All tangible property, both real and personal.

2.1.17 Property Administrator. An authorized representative of the KO appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a contractor.

2.1.18 Property Records. Records created and maintained by the contractor in support of its stewardship responsibilities for the management of Government property.

2.1.19 Provide. To furnish, as in Government-furnished property, or to acquire, as in contractor-acquired property.

2.1.20 Quality Assurance. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.21 Quality Assurance Surveillance Plan. An organized document written by the government specifying the surveillance methodology used for surveillance of contractor performance.

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

2.1.23 Real Property. See Federal Management Regulation 102-71.20 (41 CFR 102-71.20).

2.1.24 Sensitive Property means property potentially dangerous to the public safety or security if stolen, lost, or misplaced, or that shall be subject to exceptional physical security, protection, control, and accountability. Examples include weapons, ammunition, explosives, controlled substances, radioactive materials, hazardous materials or wastes, or precious metals.

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

2.1.26 Unit Acquisition Cost means—

(1) For Government-furnished property, the dollar value assigned by the Government and identified in the contract; and

(2) For contractor-acquired property, the cost derived from the contractor’s records that reflect consistently applied generally accepted accounting principles.

2.1.27 Wide Area Work Flow (WAWF):A secure web based system for electronic invoicing, receipt, and acceptance. WAWF allows government vendors to submit and track invoices and receipt/acceptance documents over the web and allows government personnel to process those invoices in a real-time, paperless environment.

2.1.28 Work Day. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.29 Work Week. Monday through Friday, unless specified otherwise.

2.2 Acronyms:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CAP Contractor Acquired Property CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTS Commercial-Off-the-Shelf DA Department of the Army DFAC Dining Facility DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense FAR Federal Acquisition Regulation FFP Firm Fixed Price GFP Government-Furnished Property HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer NCD Nutrition Care Division OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PA Property Administrator PIPO Phase In/Phase Out POC Point of Contact POS Point-of-Sale 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 WAWF Wide Area Work Flow

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1 Services: The Government will provide personnel to assist with basic phone-based trouble shooting and installation of card terminals as required. Personnel will perform basic tasks (attaching cables, cycling power, etc), but will not perform technical work (opening card terminals, removing screws, etc).

3.2 Facilities: The Government will provide space for the contractor to perform card terminal trouble shooting as necessary. Contractor will not have permanent facilities (storage or workspace) on the installation. The Contractor is responsible for maintaining and keeping track of government furnished facilities.

3.3 Utilities: The Government will provide electricity and internet for operating the card terminals.

Electricity will also be provided for any diagnostic equipment required by the contractor while servicing card terminals under the contract. Internet access is provided for the card terminals only and is not available for use with any other contractor equipment. The Contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish cleaning vehicles and equipment.

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.

4.3. Materials: The Contractor shall provide all materials required to perform the specific tasks in this performance work statement.

4.4. Equipment: The Contractor shall provide 7 Verifone M400 credit card terminals and any required cords, power adapters, or other hardware required for their operation.

PART 5

SPECIFIC TASKS

5. SPECIFIC TASKS:

5.1. Basic Services: The Contractor shall provide services to allow the NCD DFAC to accept and process credit/debit card transactions using Verifone M400 card terminals.

5.2. Setup: The contractor shall provide seven (7) Verifone M400 card terminals and any cables or power adapters required to power the terminals and connect them to the Computrition Suitepoint POS system.

Contractor shall provide stands for each card terminal that allow them to be mounted to a horizontal surface. Verifone M400 card terminals are required because they are compatible with the NCD Computrition POS system. Contractor shall perform any card terminal configuration required to allow the card terminals to interface with Computrition. Contractor shall establish any merchant accounts required by Verifone to enable payment processing. Any authentication data required to access the merchant accounts shall be provided to the government IAW the deliverables schedule. Contractor shall pre-configure all terminals with any software, security certificates, keys, or other configuration data required to allow the terminals to operate with the established merchant account and Computrition POS.

5.3. Contact Information: Contractor shall provide a contact e-mail address and telephone number for technical support. Contractor shall provide a contact e-mail address and telephone number for billing issues. Contractor shall provide a contact e-mail address and telephone number for the contract manager.

All contact information shall be provided IAW the deliverables schedule.

5.4. Shipping: All card terminals or other hardware provided under the contract shall be shipped using a trackable shipping method. For initial setup, terminals must arrive at the facility on or before the first day of the performance period (12 Jan 2024). If it becomes necessary for the contractor to send a replacement card terminal, the contractor shall utilize a shipping method that guarantees two-day delivery or faster. If the contractor requires the return of a defective card terminal, the contractor shall provide a pre-paid return shipping label and packaging (if a card terminal is being switched out the shipping container from the new card terminal is considered packaging for the terminal to be returned). The contractor shall be responsible for damage or loss that occurs while units are in transit. The contractor shall provide the government with tracking numbers for all shipments.

5.5. Troubleshooting: The contractor shall be available via phone and e-mail to troubleshoot card terminal issues between 8:00AM and 4:00PM Monday thru Friday, excluding federal holidays. The government will follow troubleshooting guidance from the contractor so long as it does not require any tools or diagnostic equipment. If phone-based troubleshooting is unsuccessful, the contractor shall either dispatch a technician to resolve the issue within two working days or ship a replacement unit within one working day.

If a technician is dispatched the contractor shall provide their contact information to the government before their arrival. The technician must complete all work during normal business hours (8:00AM to 4:00PM Monday thru Friday, excluding federal holidays). Any replacement terminal must meet the requirements in section 5.2 and 5.4. If a return shipping label and packaging is provided the government will mail the defective unit within 60 days of receipt of replacement unit.

5.6. Fees: The contractor shall pay all fees to establish accounts required for card terminal operation. The contractor shall pay all periodic fees required by Verifone to process payments. Contractor shall pay fees in a timely manner to prevent interruption to card processing.

5.7. Warranty: Contractor shall repair or replace card terminals, or any other items provided under this contract (stands, cords, etc), that become inoperable during the contract performance period due to defects, software issues, hardware issues, or electrical issues. Repair or replacement shall meet the provisions of sections 5.2, 5.4, and 5.5. Contractor shall ensure that the inoperable hardware is either repaired or replaced within 4 business days of notification of issue.

5.8. Invoicing: Contractor shall submit invoices for services in WAWF. Invoices shall be submitted by the 15th of each month (except January 2024) for the previous month’s service. Contractor shall only invoice for services that have been received by the government. Contractor may not invoice for future services.

All invoice amounts shall be in accordance with the contract.

5.9. End of Contract: At the conclusion of the contract the contractor may request the return of all card terminals. The contractor may either arrange a pickup time with the Contracting Officer Representative or Contracting Officer or provide a pre-paid return label and packaging material to the government. The government will mail the units within 60 days of receipt of return label and packaging material.

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. Any Contractor provided publications are to be procured and maintained at Contractor’s expense.

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. ATTACHEMENT/TECHNICAL EXHIBIT LIST:

7.1 Attachment 1/Technical Exhibit 1 – Performance Requirements Summary

7.2 Attachment 2/Technical Exhibit 2 – Deliverables Schedule

TECHNICAL EXHIBIT 1

Performance Requirements Summary

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Required Services/Performance

Objective (Tasks)

Performance Standard

Acceptable Quality Level (This is the maximum error rate. It could possibly be “Zero deviation from standard”)

Incentive (Positive and/or Negative) (Impact on

Contractor Payments)

# 1. PWS Para 5.2 The contractor shall provide functional preconfigured Verifone M400 card terminals

All card terminals provided by contractor shall be properly preconfigured prior to arrival.

No more than one card terminal per performance period (year) shall arrive improperly configured.

Improperly configured terminal shall be reconfigured or replaced IAW PWS Para 5.3 and 5.4

# 2 PWS Para 5.5 Contractor shall be available via phone and e-mail between 8AM and 4PM Monday thru Friday, excluding federal holidays, for troubleshooting.

Contractor shall be available by phone and e-mail during the working hours specified to troubleshoot card terminal issues.

Contractor shall not be unavailable more than one day per month.

Contractor must be available on the next business day.

# 3 PWS Para 5.5 If phone-based troubleshooting is unsuccessful, the contractor shall either dispatch a technician to resolve the issue within two working days or ship a replacement unit within one working day.

Inoperable units will be repaired or replaced within 4 working days of contractor notification.

No more than one unit per year shall take more than 4 days to be repaired or replaced.

# 4 PWS Para 5.6 Contractor shall pay fees in a timely manner to prevent interruption to card processing.

All periodic fees required to enable card processing shall be paid on time.

All periodic fees required to enable card processing shall be paid on time.

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

Deliverable Frequency # of Copies Medium/Format Submit To

Contact Information for:

Technical Support Billing Contract Manager PWS Para 5.3

30 days before start of contract.

Within 1 business day of any changes in information.

1 E-mail Contracting Officer

Contracting Officer’s Representative

Merchant account authentication data PWS Para 5.2

Within 10 days of the start of the contract.

Within 5 days of any changes in merchant account authentication data.

E-mail

Contracting Officer

Contracting Officer’s Representative