Contract Document 1 Performance Work Statement 2023 3 03.pdf

Contract Document 1: Performance Work Statement

Date: March 3, 2023

Contract Document 1-

PERFORMANCE WORK STATEMENT (PWS)

1 Introduction

This is a Performance Work Statement (PWS) for a performance-based service contract.

Performance-based acquisition (PBA), as defined in FAR 2.101, “means an acquisition structured around the results to be achieved as opposed to the manner by which the work is performed.

As defined in FAR 2.101, PWS is “a statement of work for performance-based acquisitions that describes the required results in clear, specific and objective terms with measurable outcomes.

Rather than a mere list of activities, this PWS is a written expression of the GSA’s expectation of the services to be performed by the Contractor. A higher level of effective communication between the Government and Contractor is essential for partnering and for the performance-based service contract to succeed. The success of this Contract is shared between the

Government and the Contractor. The PWS details the work requirement and can be referred to as the specification

2 Scope of Work

The contractor shall provide all management, supervision, labor, materials, supplies, and equipment; and shall plan, schedule, coordinate and ensure effective supply and delivery of propane and/or fuel oil in accordance with requirements described herein. See Contract

Document 2 - Building Specifications and Locations of Tanks.

The contractor shall monitor fuel/propane levels to maintain appropriate levels as follows:

Propane heating fuel: auto-fill level shall not fall below 35%. Fuel Oil (#2 Fuel oil, low sulfur off-road diesel, and winter blend) auto-fill level shall not fall below 25%. All fuel for generators auto-fill level shall not fall below 50%. Requirements to maintain higher reserve of fuel for generator use (50%) vs. heating use are in order to help ensure that during a power outage, there would be enough fuel to power generator for at least a day, or until an out of cycle delivery can be arranged.

In addition, prior to anticipated severe weather and ice storms, at the Government’s request, the contractor shall fill the tank to 100% capacity levels.

Most locations operate 24 hours per day, 365 days per year, including all holidays. However, regardless of the building hours, the contractor shall deliver to all locations at all hours, including weekends and holidays, as necessary to maintain the stated minimum required levels at each location.

Proof of Delivery

The Contractor shall provide a metered delivery ticket, via email, to wendy.thompson@gsa.gov within two (2) business days upon receipt from the supplier. The delivery ticket shall include the following information:

• Date of delivery;

• Total gallons delivered;

• Price per gallon. The ticket shall clearly indicate each of the following prices o Index Rate o Contractor Margin o Total Unit Price

The Contractor shall keep record of deliveries and provide to the government’s designated point of contact monthly reports of deliveries indicating the above information and final totals for deliveries for each building made during the previous month.

Government Surveillance.

The COR shall verify that the correct pricing is indicated on each delivery ticket in accordance with Section 2.1 above and that the correct index price for the date of delivery is utilized. The

COR shall also verify fuel level and delivery tickets match. All deliveries shall be tracked, including gallons and price, to ensure that the Contractor does not incur costs above the funded value for each location.

Contract Line-Item Pricing

The contract unit price per gallon of oil and propane will consist of two components – the current index rate and a margin rate inclusive of all contractor markup. The unit price is expressed as follows: Price per Gallon = Current Index Rate + Contractor Margin.

The Government requests pricing for each gallon of fuel to be broken down into an “Index Rate” and a Margin Rate. Based on the subcomponents of “Materials”, the Government intends for the

Index Rate to consist of Direct Material and Subcontract costs, and for the “Margin Rate” to consist of Other Direct Costs and Indirect Costs. Pricing terms are defined below and under FAR

16.601.

Materials means-

(1) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;

(2) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract ;

(3) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract , travel, computer usage charges, etc.); and

(4) Applicable indirect costs.

Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

Index Rate

Contractor shall propose the current index rate(s) to be used for this contract and provide supporting documentation and website to verify the current index rate.

The total unit price per gallon of fuel will depend upon the individual delivery date, as the index rate fluctuates. The applicable index rate will be the rate in effect on the delivery date.

Contractor Margin

The Contractor Margin is fixed and includes all markup above the index rate. This includes, but is not limited to: delivery charge (including labor and transportation), overhead, profit, applicable taxes and duties, etc. The margin is fixed and will not fluctuate with changes to the index rate.

Contract funding

The contract line items will be funded based on the awarded fixed margin rate and the estimated quantities of fuel for each location. Estimated quantities are based on average historical annual expenditure for all fuel types at each location. The exact quantities which are required through-out the Period of Performance of this contract cannot be reasonably determined in advance and the estimated values may be increased or decreased according to the actual needs and with the understanding that the Government is only obligated and/or required to pay for the actual products/services rendered, ordered, received, and accepted.

If additional funding is required, a bilateral modification will be executed to increase the funding on an as needed basis in accordance with FAR 52.212-4 (c) Changes.

Spill Plan

The Contractor shall provide a Spill Plan with its proposal which will be incorporated upon award that demonstrates that they can effectively prevent and contain any fuel spills and prevent contamination to the surrounding ground, storm drains or downhill contamination to local waterways. The contractor must certify that their drivers have been trained on spill prevention.

They must also prove that they have an effective means of communication during a spill containing 10 or more gallons. This plan shall include emergency contact numbers for: their own company, remediation companies and State & Federal authorities in the event of a major fuel spill containing 10 or more gallons. The Spill Plan shall be updated as applicable throughout the contract’s performance period.

The Contractor Shall

• The Contractor shall comply with current state and local regulations regarding sulfur content of heating oil.

• The contractor is responsible for adherence to all Occupational Safety and Health

Administration (OSHA) Regulations, specifically Section 1910.110 – Storage and Handling of Liquefied Petroleum Gases.

• The Contractor shall furnish all the necessary supervision, management, personnel, transportation, material, tools, and equipment to satisfy the work as defined in this

Performance Work Statement (PWS). Evaluations of the Contractors work shall be based on the standards in this Section and conducted in accordance with the Government’s Quality

Assurance Surveillance Plan (QASP).

3 Government Contract Quality Assurance

The Quality Assurance Surveillance Plan (QASP) is the Government’s surveillance method of monitoring and evaluating the Contractor's performance under a PWS. This QASP provides a standard of surveillance for monitoring the requirements of the Contract and a systematic approach for conducting surveillance over the performance aspects of the effort. The QASP is for the use of Government Quality Assurance (QA) personnel to ensure standards of the contract are being met.

The QASP provides a systematic method to evaluate the services the Contractor is required to furnish, but not the details of how the Contractor accomplishes the work. This plan uses inspections and customer feedback as the primary evaluation criteria. This surveillance assures the Government that the contractor’s performance is acceptable.

The QASP is based upon the premise that the Contractor, not the Government, is responsible for management and quality control actions to meet the terms and conditions of the Contract.

The methods of surveillance recognize that unforeseen and uncontrollable problems do occur.

Effective management and use of a Quality Control Plan will allow the Contractor to operate within the specified surveillance requirements. QA’s are expected to be objective, fair, and consistent in evaluating Contractor performance against the standards.

1) Inspections. Periodic inspections will occur on a predetermined basis (e.g., daily, weekly, monthly) as determined by the QA at award. The results of periodic inspections may be used as the basis for sub-par reports to be filed in the Contract. Random inspections may occur at any time and location.

The QA is the Government’s point of contact for the QASP and shall collect all customer feedback. The QA will be the COR, as identified at award.

All complaints and resultant resolutions shall be documented. Customer feedback reports become a permanent part of the QA surveillance records. Valid, documented customer complaints may be used as the basis for penalties against the Contractor. Positive feedback may be used to encourage the Contractor to continue performing above expectations

Quality Assurance Surveillance Plan:

Outcome Required

Services

Method of

Surveillance

Performance

Standard &

Acceptable

Quality Level

Incentives

Positive/Negative

Timeliness Tank Fill Inspections Minimum fuel levels

Positive: Positive report in CPARS

Negative: Contract remedy as prescribed in

52.212-4 (a)

Quality Spill Cleanup Inspection 100% Positive: Positive report in CPARS

Negative: Contract remedy as prescribed in

52.212-4 (a)