D1. Performance Work Statement (PWS).pdf

DISTRIBUTION: DoW COMMUNITY ONLY

Performance Work Statement

Non-Tactical Vehicles

1. General.

1.1 Scope. The United States Marine Corps (USMC) I MEF, PACOM and MARFORPAC requires leasing Non-Tactical Vehicles (NTVs) (buses and vans) to support (BK 27 ISS/IPC) operations in

Northern Luzon, Manila and surrounding areas, Palawan, and Northern Mindanao. Contractor shall provide NTVs per this Performance Work Statement (PWS) and ELIN sheet/pricing sheet to support (BK

27 ISS/IPC) operations across the area of operations.

1.2 Quality Control. The Contractor shall inform the Contracting Officer (KO), if applicable, or

Contract Specialist otherwise, of issues or potential issues that might affect the performance within two

(2) hours of identifying those issues. Verbal reports shall be followed up by written reports within 1 day of discovery of the issue.

1.3.1 U.S. Holidays: Work shall be performed on U.S. federally recognized holidays.

1.3.2 Host Nation Holidays: Work shall be performed on local Host Nation holidays.

1.4 Operating Hours: see ELIN sheet/Pricing sheet for specific operating hours.

1.5 Place of Performance: The work shall be performed at any location in the Philippines as specified in the ELIN sheet/Pricing sheet.

1.6 Installation/Military Base Access: Access to U.S. and Host Nation installations, buildings and controlled areas is limited to personnel who meet security criteria and are authorized. Failure to submit required information/data and obtain required documentation or clearances will be grounds for denying access to installations, military bases, buildings and controlled areas. The Contractor shall ensure that any subcontractors used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any subcontractor utilized by the Contractor, are made aware of and comply with these requirements. The Contractor is required to provide the name and copy of photo identification for all contractors conducting work on each location within Places of Performance.

Contractor will be required to show proof of identification before being granted access. Contractors are advised that badging for citizens/residents of certain countries is restricted or unavailable. Contractors must contact the Badging Office to procure a Camp Aguinaldo base pass granting all-gate access prior to the start of the BK27 ISS. The contractor is responsible for all required coordination with US and/or

Philippine military and authorities, to obtain base passes or Area Passes that provide appropriate access for their drivers and vehicles to military facilities. Should the contractor have difficulty obtaining the necessary passes, they must contact the Contracting Officer immediately. Operators shall also obtain all required placards and clearances necessary to access all abovementioned locations with unlimited road access at the begin of the BK 27 ISS/IPC.

1.7 Physical Security: The Contractor shall safeguard their own equipment without the assistance of the

US Government.

1.8 Operations Security (OPSEC) Requirements: Contractor personnel shall adhere to facility security policies and restrictions. The Contractor shall immediately report suspicious activities to security personnel.

1.9 Post Award Conference/Periodic Progress Meetings: If required, the Contractor shall attend any post award conference convened by the contracting activity. The Contracting Officer, 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 shall 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.

1.10 Government technical point of contact: will be provided at the time of award.

1.11 Contractor Key personnel: the contractor’s lead contract manager and/or site manager are considered key personnel. Key personnel MUST be fluent in English in both spoken, listening, and written form.

1.12 Identification of Contractor Employees: All Contractor personnel attending meetings, answering

Government telephones, and working in other situations where their Contractor status is not obvious to third parties must identify themselves, to include proper marking of signature blocks in correspondence, to avoid creating an impression in the minds of members of the public that they are Government officials.

The Contractor shall ensure that all documents or reports, produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.13 Contractor Travel: Any contractor travel is done so at the expense of the contractor.

1.14 Protection of Government and Contract Information: Per Public Use Notice of Limitations stated by Defense imagery Management operations Center and contained at www.dimoc.mil/resources/limitations/ , the Contractor shall not cite any information (e.g., contract information, pictures, locations, etc.) obtained through this contract on any hard copy or digital marketing tools to include its company website.

1.15 Safety: The following provides information pertaining to Safety and Accident Prevention: All contracted personnel shall comply with all transportation laws of the Philippines. The contractor shall ensure that each employee is equipped with Philippine Safety equipment including but not limited to:

protective clothing, eye protection and hearing protection in accordance with (IAW) Occupational Safety

& Health Administration (OSHA) Code of Federal Regulations (CFR) Title 29 Part 1910

(OCCUPATIONAL SAFETY AND HEALTH STANDARDS). They must adhere to any additional

Philippine standards imposed on the contractor that are in addition to the U.S. standards listed in the CFR above.

1.16 Safety Laws and Regulations: The Contractor shall comply with FAR 52.236-13, Accident

Prevention (November 1991), the references contained therein, as well as all applicable Host Nation

Safety Laws and Regulations.

http://www.dimoc.mil/resources/limitations/

1.17 Environmental Compliance: The contract shall adhere to all host nation environmental laws, to include, but not limited to, the proper disposal of hazardous materials.

1.18 Responsibilities: The Contractor shall assume total responsibility for all requirements stated herein on the commencement date of the performance period. The Contractor shall perform as specified in this

Contract and under the direction of the Contracting Officer (KO).

1.19 Work Responsibility: The Contractor shall perform all work and assume responsibility for planning, programming, administering, managing, and executing all functions necessary to provide the services specified in this PWS. The Contractor shall conduct work in accordance with this PWS and all applicable United States (U.S.), Philippine, and local laws, regulations, standards, provisions, directives, as applicable. The Contractor shall ensure that all work meets the level of service, performance standards, or tolerances specified in the PWS or in applicable referenced documents.

1.20 Administrative Responsibility: The Contractor shall perform all related administrative actions required to provide services or perform work such as material requisitioning, quality control, financial control, meetings, and correspondence. The Contractor shall also maintain accurate and complete records, files, and libraries of documents to include all U.S., Philippine, and local regulations, standards, provisions, codes, laws, technical manuals, and manufacturers’ instructions and recommendations that are necessary and related to the functions being performed. The Contractor shall compile historical data, prepare required reports, and submit information as required by KO.

1.21 Liability: The U.S. Government accepts no liability for the actions of the Contractor or his employees and/or agents.

2. Definitions and Acronyms.

2.1 Definitions: Although not inclusive of every term used within this PWS, the following provides a list of definitions used throughout this PWS and commonly used in the acquisition field.

Contracting Officer – means a person with the 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.

Contractor – means 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.

Day – means, unless otherwise specified, a calendar day.

3. Contractor Furnished Property and Services.

3.1 General: The Contractor shall furnish all personnel, vehicles, fuel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items necessary to perform services as described in the PWS and associated contract documents.

3.2 Life Support: The Contractor shall be responsible for providing all necessary life support for

Contractor personnel executing the requirements in this PWS.

3.3 Transport: The Contractor shall provide the necessary transportation for its workforce to and from the place of performance indicated in this PWS.

3.4 Sustainment: The Contractor shall be responsible for providing if necessary food, water, and sanitation for its workforce. The government is not responsible to provide living quarters or meals for drivers.

4. Specific Tasks

4.1 Basic Services: The Contractor shall provide services for Transportation with Driver Services.

4.2 Tasks: Tasks consist of the following sub paragraphs. The contractor may provide an alternative solution that meets the requirements. The contractors are encouraged to provide the most efficient and cost effective solution.

4.2.1: 40-Passenger Buses. Leased with driver; shall be capable of seating a minimum of 40 passengers, not including the driver; shall be climate controlled capable of maintaining a comfortable temperature, heating and air conditioning system must be fully functional at all times. The unit, unit of measure and quantity will be specified at the ELIN sheet/pricing sheet.

4.2.2: 9-Passenger Vans. Leased with driver; shall be capable of seating a minimum of nine passengers, not including the driver; shall be climate controlled capable of maintaining a comfortable temperature, heating and air conditioning system must be fully functional at all times. The unit, unit of measure and quantity will be specified at the ELIN sheet/pricing sheet.

4.3 Standards for all Vehicles

4.3.1 STD: Contractor shall provide equipment and operators for the hours specified in the ELIN sheet/pricing sheet.

4.3.2 STD: All equipment and operators shall be licensed and authorized to operate at locations specified in the place of performance specified in the ELIN sheet/pricing sheet.

4.3.3 STD: The contractor shall provide all fuel, oils, vehicle insurance, tools, base access, economic zone fees, tolls, entry fees, repairs, maintenance, and any other operational costs for all equipment to be fully operational for the duration of this contract.

4.3.4 STD: All mechanical controls shall be operative. All equipment shall be operative and kept in line with manufacturer’s recommended maintenance program.

4.3.5 STD: The Contractor shall maintain each piece of equipment pursuant to local and country safety requirements.

4.3.6 STD: The contractor shall provide full service and will be solely responsible for the package to get from Origin to Destination. The contractor shall have experience in transporting personnel and equipment. The contractor shall be cleared, through own expense and process, to conduct business unescorted inside all areas within the Place of Performance specified in the ELIN sheet/pricing sheet.

4.3.7 STD: Transportation shall comply with all applicable Philippine regulations and laws.

4.3.8 STD: The contractor shall have an established transportation tracking system and shall maintain constant control and/or surveillance during transit. Upon request, the contractor shall provide

Government technical POC with real-time tracking information of the applicable transportation vehicle in transit and through arrival to destination. Upon request, the contractor shall provide Government technical POC verbal updates for estimated time of arrival as well as status update during transit. The contractor shall immediately notify Government technical POC in case of emergency, situations, or any conditions preventing the timely arrival of the transportation vehicle at the destination.

4.3.9 STD: The contractor and Government technical POC will conduct a joint inspection of the equipment at point of origin.

4.3.10 STD: The contractor and Government technical POC will conduct a joint inspection of the equipment at destination upon delivery.

4.3.11 STD: LATE DELIVERY. In the event the contractor anticipates or encounters difficulty in complying with the schedule, the contractor shall immediately notify the Government technical POC telephonically giving full detailed reasons for the delay and a remedy. Receipt of contractor’s notice does not constitute acceptance of an alternate delivery schedule waiver of the U.S. Government’s rights under this contract or at law.

4.3.12 STD: RECOVERY. Upon notification by the Government technical POC or contracting officer, the contractor shall recover disabled equipment within 24 hours. The contractor shall provide a replacement for all disabled equipment at the time of recovery.

4.3.13 STD: RANGES:

a. UNLIMITED MILEAGE. There shall be no limitation on mileage or locations.

b. DESIGNATED. Vehicles shall travel between/among locations specified in Exhibit A with no limitation on mileage or trips between/among these predesignated locations.

c. WITHIN A RADIUS. Vehicles shall travel within the specified radius from the pick-up location as specified in Exhibit A.

4.3.14 STD: The contractor shall be cleared, through own expense and process, to conduct business unescorted in the Philippines.

4.3.15 STD: Vehicles and drivers shall comply with all applicable Philippine regulations; to include licenses and registration.

4.4 Damages:

4.4.1 The Government shall not be responsible for acts of God that may result in damage to any vehicle

(i.e. hail storms, thunderstorms etc.). In addition, the Government shall not be responsible for normal depreciation to the vehicles. For purposes of this contract, “normal depreciation” is defined as the wear and tear that can reasonably be expected to result given the vehicle’s use by equipment-laden troops in a harsh environment. Normal depreciation includes, but is not limited to, minor scratches and dents to vehicle’s exterior, minor damage to seat coverings, and the presence of dirt or sand. The Government will only be responsible for damage in excess of normal wear that results from negligence, neglect, or similar acts of the Government. All contractor claims for damage by the Government shall be submitted to the contracting officer for consideration in accordance with FAR Part 33.2.

4.4.2 The contractor shall report all incidents of damage or destruction to property (material, supplies, freight, or property of any type), or personal injury or death to any person, arising out of and during the performance of this contract to the KO and Government technical POC immediately. A complete written report shall be submitted within 96 hours after occurrence of the incident to the KO. Damages or destruction caused by the contractor and/or the contractor’s provided drivers will be replaced or repaired to original condition by the contractor at no cost to the US Government. Contractor will have insurance for all vehicles and operators in accordance with applicable Philippine law. The contractor shall provide a single Point of Contact (POC) that may be reached at any time, 24- hours a day and 7-days a week, for the scheduling of any necessary services or issues that may arise.

4.5 Maintenance. The contractor shall ensure all equipment meets or exceeds the following minimum maintenance standards at the time of acceptance and throughout the specified period of performance.

4.5.1 The contractor is responsible for all scheduled and unscheduled maintenance of vehicles. The contractor shall provide all parts and labor necessary to complete required maintenance tasks at no additional cost to an already agreed upon/negotiated lease rate. Contractor provided parts may include, but are not limited to, windshield wipers, tires, headlamps, filters, fluids, and lubricants. Maintenance shall be performed according to the manufacturer’s recommended maintenance schedule.

4.5.2 If the contractor’s scheduled or unscheduled maintenance results in the Government losing use of equipment for more than 12 hours, the contractor shall provide a replacement of a comparable capability for the Government to use.

4.6 Equipment Operators

4.6.1 Equipment operators may be required to work 12-hour periods with possible night operations.

4.6.1.1 Equipment Operators must not work 24 consecutive hours, and all driver must be provided with at least eight hours of continuous rest.

4.6.2 Equipment operators shall be proficient in conversational Basic English and able to translate directions / instructions.

4.6.3 Equipment operators will keep on their person at all times a valid license or equal documentation that may be required by the host nation as proof for legal operation of the vehicle/equipment in which they are assigned to drive/operate.

4.6.4 Equipment operators shall have a means of communication, and be reachable during prescribed duty hours. The contact information for each operator shall be provided to the Contracting Officer and the government technical point of contact prior to delivery. The government will not provide cell phones to any vehicle/equipment operators.

4.6.5 The government will not provide hotel accommodations or meals to any vehicle/equipment operator.

4.7. Hazardous Material. All hazardous materials (HAZMAT) used on vehicle/equipment must be contained and stored in the appropriate storage containers and/or cabinets. The contractor shall immediately report spills or releases of hazardous materials to the KO. The contractor shall be liable for containment and environmental cleanup of spill or release of such substance. The contractor shall follow manufacturer’s guidelines and professional recommendations for control of humidity, temperature, cleanliness, and materials handling. The contractor shall comply with environmental and hazardous materials storage and handling requirements. The contractor will comply with municipal environmental laws to protect the health and safety of employees / residents and minimize or eliminate environmental pollution. Cargo may contain HAZMAT.

4.8 Permits. Contractor shall submit a request to obtain all appropriate permits required to fulfill the requirements of this PWS. The contractor shall not perform any work required by the issuance of a permit prior to obtaining the required permit.

5.8 OPSEC. Contractor will instruct their equipment operators to not share details of their work, equipment downloaded, cargo destinations and any other details of their work on social media. Failure to comply may result in contract cancellation.

5.9 Safety and Quality Assurance: Contractor is obligated to comply with generally accepted standards of the transportation industry for operation and maintenance practices. Contractor shall comply with all provisions of applicable statutes and agreements which may affect safety, and with all local and installation regulations, directives, orders, rules, laws, and standards pertaining to service provided within this PWS.

6. Services Summary. The Services Summary highlights key performance objectives and thresholds.

The absence of a contract requirement from the service summary does not affect its enforceability or the

Government's rights and remedies under the contract. The Government reserves the right to inspect all contract services.

Performance Objectives PWS# Performance

Threshold Method of Surveillance

Provide vehicles via PWS specifications and ELIN sheet/pricing sheet Pare 4 100% of services

Periodic Surveillance and/or random and/or customer complaints

Contractor shall comply with all establish standards, laws, and regulations.

Para 1 through 5 100% of services

Periodic Surveillance and/or random and/or customer complaints

7. Deliverables Table

Deliverable Frequency # of

Copies

Medium/Format Submit to

Name and contact information of the Contract Manager and designated alternate

Within 3 days of award

Email/PDF or

Excel

KO and Government

Technical Point of Contact

8. Exhibit: See Exhibit A. ELIN sheet pricing sheet.

Names and Photocopies of

Identification for all

Contractor Employees requiring access to the place/location of performance

Within 3 days of award

Email/PDF or word doc

KO and Government

Technical Point of Contact