Draft_Performance Work Statement_Material Hauling BPA.pdf

PERFORMANCE WORK STATEMENT

Blanket Purchase Agreement for Material Hauling Service

New Orleans District U.S. Army Corps of Engineers

NAICS CODE: 484220

I. General.

The U.S. Army Corps of Engineers (USACE) New Orleans District (MVN) plans to issue multiple Blanket Purchase Agreements (BPA) for material hauling services. A blanket purchase agreement is a simplified method of filling anticipated repetitive needs for supplies or services by establishing “charge accounts’’ with qualified sources of supply. The use of BPA’s is economical when 1) there is a wide variety of items in a broad class of supplies or services that are generally purchased, but the exact items, quantities, and delivery requirements are not known in advance and may vary considerably; 2) the use of this procedure would avoid the writing of numerous purchase orders; 3) there is no existing requirements contract for the same supply or service that the contracting activity is required to use.

This BPA is for material hauling services for hauling and delivery of government loaded clay, dirt, sand, aggregate, or rock. The Contractor shall provide at least five tri-axle trucks with a minimum 14 CY capacity. The expected response time for mobilization is within 24-48 hours. Loading and delivery sites will be located within the geographical area of responsibility for New Orleans District that spans throughout the southern half of Louisiana. For the first line item (Material Hauling Service Distance), Contractor will only be paid the mileage from the loading site to the delivery point and not the return trip. Contractor will take the shortest route from loading to unloading points; request for alternative route must be communicated by Contractor and approved by COR prior to delivery. For hauling less than 2 miles (per direction), a minimum of 10 loads per truck per day is expected; USACE will communicate to the contractor if less than 50 loads will be needed daily and the number of trucks will be reduced accordingly. Additionally, USACE will not be penalized if 10 loads per truck per day is prohibitive due to weather, traffic, or otherwise unforeseen events. Government can request fewer trucks at any time if requested. Depending on the nature and urgency of the requirement, Individual BPA calls may be issued with or without competition.

A. The BPA is not a contract. The Government is not obligated to place any orders, and the vendor is not obligated to accept any orders. Either party can cancel the BPA at any time. The BPA is not enforceable against either party. An enforceable contract exists only when the Government places a call against the BPA and the vendor accepts that call.

B. This BPA shall take effect on the date of award and continue for a period of five (5) years or a until the cumulative total is exhausted, whichever comes first.

C. The Warranted Contracting Officers of the New Orleans Districts may issue calls against the BPAs.

II. Authority, Responsibilities and Restrictions.

A. In accordance with FAR 13.303-1(a), Contracting Officers are authorized to establish BPAs and shall ensure that the following agreements between the vendor and the Corps are reached:

1. The vendor agrees to furnish the requested items/services in accordance with the terms and conditions of the BPA, without the need for additional paperwork.

2. A written record of each purchase is prepared, and a receipt is created at the time of delivery for each individual call; and

3. The vendor agrees to provide a summary invoice/statement.

B. Authorized Callers. Warranted contracting officers of the New Orleans District may place individual calls against these BPAs.

C. Responsibilities. Callers are responsible for providing the vendor with complete ordering information to ensure that proper completion of work, billing, and prompt payment occurs. Callers should also ensure obligations and expenditures are kept within available funds.

D. Restrictions. BPAs are not to be used for purchases greater than the Simplified Acquisition Threshold (SAT) unless they are issued in accordance with Subpart 13.5.

1. Individual BPA purchases will be for over $2,500.00 and shall not exceed the SAT unless they are issued in accordance with Subpart 13.5. Purchases that would normally be made as single orders shall not be split to avoid any order limitation delegated or authorized to the individual.

2. Purchases for $2,500.00 and less will be made using the Government Purchase Card, not the BPA.

III. Purchases Under BPA’s.

A. Price Reasonableness and Competition. The warranted contracting officer shall obtain competition to the maximum extent practicable, or from at least three vendors as required by FAR 13.104 and 13.303.

1. Vendors with BPAs SHALL be asked to provide quotes.

B. Placing a Call.

1. The authorized caller contacts all BPA holders and requests competitive quotes. When soliciting quotes, the vendors are provided a description of the type of equipment needed, the required delivery date or duration needed, and the type of arrangement, i.e., purchase or lease/rental. Awardees will be selected according to the best value to the Government.

2. Authorized callers shall inform the vendor that the BPA number and call number are to appear on their monthly invoice/statement.

C. Purchase File Documentation.

1. Warranted contracting officers who place calls that shall document the competition obtained. The documentation shall refer to the individual call number and be attached to the appropriate log sheet with the purchase request in the file. Contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, industrial mobilization), and rationale shall be documented. (See FAR 13.106 1(b).)

2. Each order placed against an established BPA should be entered on a log sheet. Each contracting office placing calls shall keep separate logs. Separate call sheet (logs) shall be maintained for each vendor with whom a BPA has been established. Whenever a call is placed against a BPA, the authorized caller shall record the call number and enter the call (in order by date placed) identifying all items ordered, purchase request number and amount, etc. Items will be identified by a description. All logs may be maintained electronically.

D. Receiving, Billing and Payment.

1. Prior to placing each call, a PR&C noting the Master BPA number shall be routed through CEFMS to the appropriate Contracting Division. The Contracting Division will obligate the funds in CEFMS, and the requesting activity will complete the receiving report.

IV. Reviews by the Contracting Officer.

A. Controls. The chief of the contracting office shall be responsible for establishing administrative controls to assure that annual reviews are conducted (see FAR 13.303-6), that purchases under BPA’s are made only by authorized individuals, and that the purchases conform to established regulations and procedures.

B. Annual Reviews. The contracting officer or a designee shall conduct an annual review of BPA purchasing files to:

1. Review the BPA’s for recurring purchase activity on a regular basis.

2. Analyze the "BPA Log Sheet/Receiving Report" to ensure that:

a. Only authorized individuals listed in the agreement are placing calls against the BPA;

b. BPA’s are used only for authorized purchases and items are not purchased on BPA’s in lieu of using mandatory sources;

c. As applicable, competition is obtained for requirements exceeding the micro-purchase threshold;

d. Requirements are not split to stay within the simplified acquisition threshold, the authorized caller limitation, or to avoid the competition requirement;

e. Transactions are fully documented (i.e., detailed item descriptions, prices of items, complete names, dates, etc.); and

f. Receiving and payment procedures are being followed.

3. If a review discloses misuse of a BPA, the user's authority to make calls against the BPA may be terminated.

4. As a minimum, a checklist record of this review using the above criteria, is to be in each BPA file. The checklist shall also be signed and dated by the reviewer.

C. Records. BPA purchasing records shall be retained until 3 years after final payment as required by FAR 4.805(b)(3), except that records pertaining to any investigations, cases pending or in litigation (including protests), or similar matters shall be retained until resolved pursuant to FAR 4.805(b)(10).

SPECIAL PROVISIONS

1. DESCRIPTION OF AGREEMENT. The Contractor shall furnish all necessary management, supervision, personnel, equipment, fuel, personal protective equipment (PPE), and vehicles, except as otherwise provided herein, required to perform hauling services at facilities and maintained areas within USACE New Orleans District.

2. EXTENT OF OBLIGATION. The Government is obligated only to the extent of authorized purchases in the quantities placed against this blanket purchase agreement. The Government is obligated only using BPA calls.

3. DURATION. This BPA shall take effect on the date of award and continue for a period of five (5) years or a cumulative total is exhausted, whichever comes first. The BPA may be terminated sooner by the Contracting Officer. An annual review of the BPA will be performed by the Contracting Officer to make certain it still represents a "best value."

4. PRICING. Pricing will be established, and reasonableness determined by competition.

5. PURCHASE LIMITATION. No individual call under this agreement shall exceed $1,500,000. The minimum call is $2,500.00. The BPA master limit over 5 years is $10,000,000.

6. INDIVIDUALS AUTHORIZED TO PURCHASE UNDER THE BPA. Warranted contracting officers of the New Orleans District may place individual calls against these BPAs

7. DELIVERY TICKETS/INVOICES. All hauling under this agreement shall be accompanied by delivery tickets which shall contain the following minimum information:

a. Name of contractor

b. Blanket Purchase Agreement Number

c. Call number

d. Date of service

e. Quantity, unit price, and extension of each item, less applicable discounts.

8. INVOICES. An itemized invoice shall be submitted at call completion or other arrangements agreed upon for all deliveries made during a billing period and for which payment has not been received.

9. FUNDING. This is an unfunded blanket purchase agreement. Accounting and Appropriation Data will be cited on each call placed against the blanket purchase agreement.

10. STATISTICS AND TRACKING: The BPA vendor shall maintain a single consolidated record of all orders received from the New Orleans District. At a minimum, the reports shall contain the following information:

Date of Call BPA number and call number Ordering agency Summary description and quantity of what was purchased Total call price

V. OPSEC.

This Project is on multiple Government Property in the Lettsworth, LA area. The contractor’s truck drivers will be escorted by USACE personnel for the entire work duration on-site. The expected period of performance for this contract is two years. There will be no network or computer related access requirements of the contractor.

1. AT Level I Training. This provision/contract text is for contractor employees with an area of performance within an Army controlled installation, facility, or area. Proposed language: "All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website:

http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum."

2. Access and General Protection/Security Policy and Procedures. This standard language text is for contractor employees with an area of performance within an Army controlled installation, facility or area. Proposed language: "All contractor and all associated sub-contractors’ employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office.

Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes."

2a. For contractors requiring Common Access Card (CAC). Before CAC issuance, the contractor employee requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014-05 and Homeland Security Presidential Directive-12 (HSPD-12). Proposed language: “The contractor and all sub-contractors employees will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an interim CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management.”

2b. For contractors who do not require CAC but require access to a DoD facility or installation. Proposed language: Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

3. AT Awareness Training for Contractor Personnel Traveling Overseas. This standard language text required US based contractor employees and associated sub-contractor employees to make available and to receive government provided area of responsibility (AOR) specific AT awareness training as directed by AR 525-13 (Antiterrorism). Specific AOR training content is directed by the combatant commander with the unit ATO being the local point of contact. Proposed language: "All US based contractor employees and associated sub-contractor employees traveling overseas will receive the government provided AOR specific AT awareness training. The documentation of training completion must be provided to the COR prior to departure.”

5. Contractor Employees Who Require Access to Government Information Systems. This standard language text is for contractor employees with access to government info system. Proposed language:

"All contractor employees with access to a government info system must be registered in the Army Training Certification Tracking System (ATCTS) at commencement of services, and must successfully complete the DOD Information Assurance Awareness prior to access to the information systems and then annually thereafter in accordance with personnel security standards listed in AR 25-2 (Information Assurance), an appropriate background investigation will be conducted prior to accessing the government information systems."

4. Suspicious Activity Reporting Training (e.g. iWatch, Corps Watch, or See Something, Say Something).

This standard language is for contractor employees with an area of performance within an Army controlled installation, facility, or area. Proposed language: "The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training."

5. For Contracts that Require an OPSEC Standing Operating Procedure/Plan. This standard language text is for contractor employees with an area of performance for classified contracts or if the contract employee has access or responsibility to protect critical information. The Contractor, in collaboration with RA OPSEC Officer, shall develop an OPSEC Standard Operating Procedure (SOP)/Plan within 90 calendar days of contract award per AR 530-1 (Operations Security). Proposed language: "The Contractor shall develop an OPSEC SOP/Plan within 90 days of contract award. The OPSEC SOP/Plan must be reviewed and approved by the RA OPSEC Officer. The SOP/Plan will include the government's critical information, why it needs to be protected, where it is located, who is responsible for it and how to protect it. In addition, the contractor shall identify an individual who will be an OPSEC Coordinator."

6. For Contracts that Require OPSEC Training. Per AR 530-1, (Operations Security) contractor employees must complete Level I OPSEC Training within 30 calendar days of contract award. Proposed language:

"All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. OPSEC awareness training is available at the following websites: https://www.iad.gov/ioss/ or http://www.cdse.edu/catalog/operations-security.html; or it can be provided by the RA OPSEC Officer in presentation form which will be documented via memorandum."

7. For Information assurance (IA)/information technology (IT) training. This standard language text is for contract employees who need network access and/or working IA/IT functions. Proposed language: "All contractor employees and associated sub-contractor employees must complete the DoD IA awareness training before issuance of network access and annually thereafter. All contractor employees working IA/IT functions must comply with DoD and Army training requirements in Dodd 8570.01, DoD 8570.01- M and AR 25-2 within six months of employment."

8. For information assurance (IA)/information technology (IT) certification. Per DoD 8570.01-M, DFARS

252.239.7001 and AR 25-2, the contractor employees supporting IA/IT functions shall be appropriately certified upon contract award. The baseline certification as stipulated in DoD 8570.01-M must be completed upon contract award. Proposed language: "All contractor employees supporting IA/IT functions shall be appropriately certified upon contract IAW DoD 8570.01-M, DFARS 252.239-7001 and AR 25-2. The baseline certification as stipulated in DoD 8570.01-M must be completed upon contract award."

9. For Contractors Authorized to Accompany the Force. DFARS Clause 252.225-7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States. The clause shall be used in solicitations and contracts that authorize contractor personnel to accompany US Armed

Forces deployed outside the US in contingency operations; humanitarian or peacekeeping operations; or other military operations or exercises, when designated by the combatant commander. Proposed language: "All contractor employees shall ensure the following AT/OPSEC requirements are met prior to deploying personnel authorized to accompany U.S. Armed Forces outside the United States; to include compliance with laws, regulations, pre-deployment requirements, and required training in accordance with combatant command guidance."

10. For Contracts Requiring Performance or Delivery in a Foreign Country. DFARS Clause 252.225-7043, Antiterrorism/Force Protection for Defense Contractors Outside the US. The clause shall be used in solicitations and contracts that require performance or delivery in a foreign country. This clause applies to both contingencies and non-contingency support. Proposed language: "All non-local contracting personnel will comply with theater clearance requirements and allows the combatant commander to exercise oversight to ensure the contractor's compliance with combatant commander and subordinate task force commander policies and directives."

11. Will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas. The contractor will coordinate with the COR and/or the facility security office for access when required. (Use when security clearances are not required, i.e. facility repair or construction). Proposed language: "All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas."

12. For Contracts That Require Handling or Access to Classified Information. This clause involves access to classified information, i.e. “Confidential,” “Secret,” or “Top Secret”. Proposed language: "Contractor shall comply with AR 380-67 (Personnel Security Program) and Homeland Security Presidential Directive 12 (Policy for a Common Identification Standard for Federal Employees and Contractors) as well as FAR 52.204-2, Security Requirements. Additionally, Contractors must comply with - (1) The Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DoD 5220.22-M); any revisions to DOD 5220.22-M, notice of which has been furnished to the contractor. For classified contracts, the DD Form 254 will be attached with the contract."

13. (FOR CLASSIFIED CONTRACTS ONLY) Contractor Company to obtain a Facility Clearance and individual clearances at the appropriate level. Proposed language: "The Prime Contractor Company must have a Facility Clearance (FCL) at the appropriate level (IAW the NISPOM DOD 5220.22-M and AR 380-

49) prior to the start of the contract awarded period of performance. Contractor personnel performing work under this contract must have the required security clearance, per AR 380-67, at the appropriate level at the start of the period of performance. Security Clearances and FCL requirements are required to be maintained for the life of the contract IAW the DD Form 254 attached to the contract. If no FCL, the supporting Government Contracting Activity will sponsor the prime contract company in obtaining the FCL."

14. Pre-screen candidates using E-Verify Program. Proposed language: "The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of

Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award." *When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

15. For contract requiring armed security guards. This standard language text is for contractor employees with an area of performance within an Army controlled installation, facility, or area. The Physical Security Officer must or will review the PWS/SOW with the Contracting Officer (KO) for accuracy and completeness of AR 190-11 requirements. Proposed language: "All contractor and all associated sub-contractors’ employees shall comply with applicable installation, facility and area commander installation/facility policies and procedures on storing weapons and ammunition IAW AR 190-11 (provided by government representative)."

16. Threat Awareness Reporting Program. For all contractors with security clearances. Per AR 381-12 Threat Awareness and Reporting Program (TARP), contractor employees must receive annual TARP training by a CI agent or other trainer as specified in 2-4b. Proposed language: "All new contractor employees will complete annual Threat Awareness and Reporting Program (TARP) Training provided by a Counterintelligence Agent, IAW AR 381-12 . The contractor shall submit certificates of completion for each affected contractor and subcontractor employee(s) or a memorandum for the record, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. Authorized web-based TARP training for CAC card holders is available at the following website:

https://www.us.army.mil/suite/page/655474