DRAFT Performance Work Statement_PANNWD24P0000001181.docx
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This document is a draft Performance Work Statement (PWS) for the ISO 9001:2015 Certification and Surveillance Audits contract for the U.S. Army Corps of Engineers (USACE) - Portland District, Engineering and Construction Division (EC). The PWS outlines the requirements for the contractor to perform external recertification and surveillance audits of EC's single quality management system to ensure its ISO 9001:2015 certification remains valid and maintained, and to provide a new ISO 9001:2015 certificate of conformity prior to the expiration of the current certificate.
The contract has a period of performance from date of award through 31 December 2028, with options to extend for additional audit cycles. The contractor must be an accredited Certifying Body authorized to audit and issue ISO 9001 certificates. The PWS details the audit schedule, scope, and plan requirements, as well as the performance standards, deliverables, and reporting. The performance requirements summary outlines the surveillance methods, unacceptable performance criteria, and damages for which the contractor may be held liable. The PWS also includes security, safety, and invoicing requirements.
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Performance Work Statement for the ISO 9001:2015 Certification and Surveillance Audits Contract No. W9127N-25-P-XXXX
PANNWD-24-P-0000 001181
Project in Portland, OR
11 OCT 2024
1.0 General Statement
The US Army Corps of Engineers – Portland District (NWP) Engineering and Construction Division (EC) Product Delivery Team (PDT) is soliciting for services to perform external recertification and surveillance audits of the single quality management system to ensure EC’s ISO 9001:2015 certification is valid and maintained; and provide ISO 9001:2015 certification/registration of conformity by issuing a new certificate. The Contractor shall perform these services in accordance with the terms of the contract and as defined in this Performance Work Statement (PWS).
EC’s current ISO 9001:2015 certificate of registration scope is a “provision of scientific and engineering design products and services, including construction management, to internal and external customers.” The single quality management system covers the EC organization as a whole. IAF Standard Industrial Codes, QMS Accreditation Scopes are 28 and 34. The current ISO 9001:2015 certificate of registration’s effective date is 13 July 2024 and expires on 12 July 2027.
This is a firm-fixed-priced commercial services contract with a period of performance from date of award through 31 December 2028, which may be extended in accordance with FAR clause 52.217-9 for additional audit cycles.
1.1 Objectives of the EC Quality Management System (QMS)
On a continuous basis, Army Corps of Engineers Northwestern Portland (CENWP) plans, designs, and constructs civil works and other projects through the development, execution, measurement, and adjustment of work processes. EC’s QMS provides a framework for meeting or exceeding customer requirements and ensuring continual improvement through the following quality objectives:
a. Mission: Deliver engineering and construction products and services that meet customer requirements for schedule, budget, and technical scope, and continuously improve those products and services through preventive action and other improvement initiatives.
b. Business Process: Consistently follow established procedures for Product Initiation, Execution, and Closeout, and maintain adequate staffing to effectively resource quality products and services.
c. Workforce Development: Ensure employees have the required training and mentoring to advance their technical capabilities, understand the business processes, and pursue career development.
d. Relationships: Conduct business internally and externally in a collaborative and transparent manner to promote an environment of partnership.
1.2 EC Multi-Site Organization
EC is a multi-site organization led by upper management consisting of the Division Chief, the Deputy Chief, and a Branch Chief for each of its four main branches: Construction, Design, Hydrologic and Hydrology, and Technical Resources. EC is comprised of four sites: EC Headquarters (located in downtown Portland, OR) and three off-site Construction Branch Resident Offices (addresses listed below). Work schedules for all sites identified below is Monday through Friday from 8:00am to 4:00pm. The site locations included in the scope of certification are as follows:
Engineering and Construction Division Headquarters (EC) Located at: Block 300, 333 SW First Ave, Portland, OR 97204 (~211 positions):
· Design Branch (ECD):
· Branch Chief Office
· Electrical Design Section (ECD-E)
· Geotechnical, Civil, and Environmental Design Section (ECD-G)
· Mechanical Design Section (ECD-M)
· Structural and Architectural Design Section (ECD-S)
· Hydraulics and Hydrology Branch (ECH):
· Branch Chief Office
· Dam and Levee Safety Section (ECH-S)
· Hydraulic and Coastal Design Section (ECH-D)
· Reservoir Regulation and Water Quality Section (ECH-R)
· River Hydrology Section (ECH-E)
· Technical Resources Branch (ECT):
· Branch Chief Office
· Budget Section (ECT-B)
· Consolidated Business Services Section (ECT-C)
· GIS, CADD, and Mapping Section (ECT-G)
· Value Engineering Office (ECT)
· Construction Branch (ECC) Sections
· Contract Administration and Technical Section (ECC-T)
· Construction Services and Cost Engineering Section (ECC-C)
Construction Branch (ECC) Resident Offices (off-site: addresses listed below):
· Bonneville (ECC-B) – located at: I-84 Exit 40, Cascade Locks, OR 97014 (~13 positions)
· Eugene (ECC-E) – located at: 211 E 7th Ave, Suite 200, Eugene, OR 97401 (~12 positions)
· Vancouver (ECC-V) – located at: 4480 SE Columbia Way, Vancouver, WA 98661 (~22 positions)
EC addresses numerous federal, Army, and USACE policies and regulations in performing its’ work. EC uses, maintains, and revises its’ own Policy and Procedure Manual (PPM) to define and document EC’s Quality Management System (QMS) for delivery of engineering and construction products and services.
2.0 Definitions
Throughout this Performance Work Statement (PWS) terms are defined as follows:
Audit: This contract covers various types of ISO 9001 audits, Initial Audit, Surveillance Audit, and Recertification Audit, all with the goal of maintaining current ISO 9001:2015 certification.
Contracting Officer’s Representative (COR): An EC employee designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract. The COR is responsible for evaluating Contractor performance.
Engineering and Construction Division (EC): The Division, with a single management system, that is ISO 9001:2015 certified within the Portland District.
Lead Auditor: One auditor from the identified pool of assigned, certified auditors designated to lead each scheduled audit.
Management Representative (MR): A member of management appointed by EC’s Division Chief who has the responsibility and authority as outlined in EC’s Policy and Procedure Manual (PPM) and in the Management Representative Appointment Delegation Letter. This role does not remove EC Management’s responsibility for involvement in the Quality Management System.
Procurement Contracting Officer (PCO): The Government employee who is authorized to enter into, administer, and/or terminate contracts and make related determinations and findings.
Policy and Procedure Manual (PPM): Defines and documents EC’s QMS for delivery of engineering and construction products and services. The policies and procedures outline EC responsibilities for establishing, implementing, maintaining, and communicating the QMS to employees and customers.
Project Manager (PM): The PM shall be responsible for the coordination of work developed under this contract.
Quality Control Inspector (QCI): The QCI shall ensure quality control of the contract deliverables, to include invoices.
Quality Management System (QMS): A quality management system is a set of processes and procedures that ensures EC runs smoothly and consistently delivers high-quality products and services.
Recertification Audit: A recertification audit occurs when EC undergoes an audit by an ISO Registrar to ensure compliance of all elements of a specific standard, in this case ISO 9001:2015.
Surveillance Audit: A surveillance audit occurs annually when EC undergoes an audit by an ISO Registrar to ensure compliance of a sample of all elements of a specific standard, in this case ISO 9001:2015.
Transfer of Certification: Transfer of EC’s ISO 9001:2015 certification from one certification body to another.
3.0 References
a. ISO 9001:2015 Quality Management Systems-Requirements
b. ISO 19011:2018 Guidelines for Auditing Management Systems
c. IAF MD 5:2015, Issue 3 Determination of Audit Time of Quality and Environmental Management Systems
d. IAF MD 1:2018, Issue 2 Mandatory Document for the Audit and Certification of a Management System Operated by a Multi-Site Organization
4.0 The Government Will Furnish
The following Information and Equipment will be furnished by the USACE for this contract:
Work Space: A temporary desk work surface, or an office space (depending on availability), while the auditor is on-site to review documents and compile reports. The Government will supply electricity for the Contractor-furnished laptop while on-site.
Points of Contact: Points of contact in EC for audit coordination will be identified after award.
Number of Employees: EC will provide the number of current employees two months prior to the submittal of the audit plan for each scheduled audit.
Certificate: EC will provide a black and white copy of its current ISO 9001:2015 certificate with the request for quote.
Previous Audit Reports: Upon award, the last three years of audit reports to include corrective actions.
Quality Management manuals and reports: One hard copy each of EC’s current PPM and Quality Management Review (QMR) report will be provided while the auditor is on-site. Both documents must be returned to EC’s MR prior to the out-brief of each audit.
Limitations: The Government will not furnish computers, electronic tablets, telephones, administrative support, lunch, or refreshments to the Contractor.
The Contractor is required to take reasonable care in handling government-owned information and equipment during the course of the contract. The Contractor is required to maintain government-owned equipment in good working order.
If the Government provides property to the Contractor, the Contractor shall provide a management plan (control use, preserve, protect, repair and maintain) for the Government property in its possession. If subcontracts are included in this source of work, then the Prime Contractor shall include a management plan (control use, preserve, protect, repair and maintain) for the Government property in its possession from the subcontractor.
5.0 The Contractor Shall Furnish
The contractor shall provide all labor, supplies, materials, parts, travel, and equipment necessary to perform the services as defined in this PWS. The contractor shall be self-sufficient in performing task requirements to the maximum extent possible. Any Government information and/or furnished equipment required for completion of the identified tasks shall be requested in writing as part of the contractor’s technical proposal and mutually agreed to as part of the contract award. Upon completion of the evaluation, the contractor shall remove all contractor supplied equipment from the site. The list of deliverables is provided in Attachment I, Deliverables Schedule.
Provide a minimum of three certified auditors who meet the qualifications for Paragraph 6.2, of which one or more shall be assigned as lead auditor(s) for the duration of this contract. This pool of auditors shall be assigned to perform the audits throughout the life of the contract. Designate one of the identified certified auditors from the pool of auditors as the lead auditor for each audit performed. Assume up to two auditors assigned for full audits, and one auditor for each surveillance audit.
6.0 Contractor and Auditor Qualification Requirements
6.1 Contractor Qualifications
The Contractor shall:
a. Be a current, accredited member of American National Standards Institute/American Society for Quality (ANSI-ASQ) National Accreditation Board, or an equivalent accreditation body that is a member of the International Accreditation Forum, Inc. (IAF), with an identified main scope of Management System Certification conforming to ISO/IEC 17021-1:2015 with Option A as the management system.
b. Be a Certifying Body which is authorized to audit and issue ISO 9001 certificates of registration of our quality management system; this Certifying Body must be accredited by an Accreditation Body who is a member of the International Accreditation Forum, Inc. (IAF) or American National Standards Institute/American Society for Quality (ANSI-ASQ) National Accreditation Board.
c. Be authorized, as a Certifying Body, to issue ISO 9001 certifications for scopes of accreditation in both Code 28, Construction, and Code 34, Engineering Services.
d. Have experience with Government agencies with similar mission and requirements to USACE, as described in PWS Paragraphs 1.0 – 1.2.
e. Have at least six years of accreditation and a current certificate of accreditation that is free from suspension or revocation.
6.2 Assigned Certified Auditor Qualifications
Assigned Auditor and Audit team dedicated to EC for the duration of the contract shall have education and background experience as follows:
a. Be certified with the International Register of Certified Auditors (IRCA) and/or Exemplar Global as a Principal Auditor (PRA), Lead Auditor (LA), or Auditor (A), or similar official auditor certification body.
b. Meet the qualifications of ISO 19011:2018.
c. Be certified as Certified Auditor(s) for ISO 9001:2015 standard for at least the previous three years.
d. Have at least three years’ experience conducting surveillance audits and have successfully completed at least 10 individual audits within six years of the date quotes are due.
e. Experience auditing a government agency (Local, State, or Federal) within six years of the date quotes are due. Auditor(s) shall have experience with government agency missions similar to USACE’s needs and requirements, as described in PWS Paragraphs 1.0 - 1.2.
NOTE: The contractor shall obtain the consent of the Contracting Officer prior to making auditor personnel substitutions. Replacements for personnel must possess qualifications equal to or exceeding the qualifications of the personnel being replaced, unless an exception is approved by the Contracting Officer.
7.0 Performance Standards, Requirements, and Deliverables (Also see Summary in Paragraph 8.0)
This “Standard” covers the requirements for the ISO 9001:2015 Certification and Surveillance Audits project located within the Portland District, Engineering and Construction Division. It was developed by the District’s Engineering and Construction Division’s Product Development Team in cooperation with the District’s Contracting Division. The purpose of the Standard established in this PWS is to ensure that the Government receives the services for which it contracted.
EC is dedicated to continually improving its QMS. In addition to the scheduled audit(s), the Contractor shall maintain open communication to answer questions pertaining to the applicability of EC’s QMS to the ISO 9001:2015, or most current version of ISO 9001, and to ISO 19011:2018.
7.1 Performance Standards
a. Workflow management. Provide product management, quality control, and coordination for work tasks during production of this contract. Designate a Project Manager (PM) to act as a primary point of contact (POC). The PM shall be responsible for the coordination of work developed under this contract. Designate a Quality Control Inspector (QCI) to ensure quality control of the contract deliverables, to include invoices. Within seven days of award, advise the COR and MR, in writing, of the individual(s) so designated.
b. Transfer of Certification. Transfer of certification shall occur if Awardee is not the Certification Body of EC’s current ISO 9001:2015 certificate.
c. On-site Communication. Communicate issues and findings upon discovery to the MR. Provide a final roll-up of issues and findings upon completion of the site visit to the MR and COR in .pdf format.
d. Briefings. Conduct a 30-minute to 1-hour opening meeting upon arrival at the site for each audit and a 30-minute to 1-hour closing meeting after each audit is completed to EC Division Management, including the MR.
e. Scheduled Audits. Conduct each audit to satisfy the requirements of the current ISO 9001:2015 certification and in accordance with ISO 19011:2018. Time shall be set aside for any follow-up visits necessary to review, evaluate progress, and close any major findings that are discovered and documented during the site visit(s). An audit report is required 30 days after each audit, written in accordance with ISO 19011:2018.
f. Follow-on Clarification and Closure of Findings. Provide follow-on clarification or elaboration via telephone or e-mail as is necessary to carry out root cause analysis, containment, mitigation; to prepare corrective/preventive action plans; to verify/validate corrective/preventive actions; or to confirm adequacy of such plans to the COR and MR. Review Government responses to findings and certify closure of findings when satisfactory remedial action has been completed.
7.2 Performance Requirements
a. Task 1 Audit Schedule (CLIN 0001). EC’s current ISO 9001:2015 registration is effective 13 July 2024 and expires on 12 July 2027.
Develop an audit schedule that covers one Surveillance Audit per year to maintain our current ISO 9001:2015 certification, and a Recertification Audit under ISO 9001:2015, or most current version of ISO 9001 to issue certificate prior to expiration of current certificate, 12 July 2027. Submit the audit schedule to the COR and MR within 15 calendar days of award. The audit schedule is subject to mutual agreement between the Contractor and the COR within 30 days of submittal. The audit schedule may be revised in consultation with the COR and PCO during contract to conform to re-audit schedule occurrence (example, if a re-audit needs to occur before the next scheduled audit).
Recent Audits:
· MAY 2024 – ISO9001:2015 Recertification audit, nine auditor-days, conducted by two auditors, 255 employees.
· MAY 2023 – ISO 9001:2015 Surveillance audit, four auditor-days, conducted by one auditor, 239 employees.
· MAR 2022 – ISO 9001:2015 Surveillance audit, four auditor-days, conducted by one auditor, 231 employees.
· FEB 2021 – ISO 9001:2015 Recertification/Transition audit, nine auditor-days, conducted by one auditor, 224 employees.
| Anticipated Audit Schedule |
| Estimated Performed by Date |
| Initial Surveillance Audit |
| By end of MAY 2025 |
| Annual Surveillance Audit |
| Within calendar year 2026 |
| Recertification Audit |
| By expiration of current certification in July 2027. Issuance of the new certificate must occur to avoid a lapse in certification. |
| Annual Surveillance Audit (Option) |
| Within calendar year 2028 |
| Transfer Audit (if required) (Option) |
| To be awarded if Certifying Body differs from current Certifying Body. |
b. Task 2 Audit Scope and Plan. Provide an audit plan electronically to the COR and MR no less than one month prior to each scheduled audit. The plan shall include the audit scope with a description of the site(s) to be audited, activities and arrangements, audit criteria, on-site and off-site auditor days, and scheduled date(s) and time(s) for each site. The plan shall be mutually agreed upon between the COR and Contractor at least one week prior to the arrival of the auditor on site. Audit time and sampling shall be in accordance with IAF MD1:2018 and IAF MD5:2015 for a multi-site organization and the number of employees provided by the Government. The audit scope and plan shall be in accordance with ISO 19011:2018 requirements.
c. Task 3 Initial Surveillance Audit (CLIN 0001). Audit in accordance with IAF MD1:2018, to evaluate EC’s QMS compliance with ISO 9001:2015 standards. Provide an audit report in accordance with paragraph 7.2.f.
d. Task 4 Surveillance Audit (CLIN 0002). Audit in accordance with IAF MD1:2018, to evaluate EC’s QMS compliance with ISO 9001:2015 standards. Provide an audit report in accordance with paragraph 7.2.f. The Government may decide to exercise either Optional CLIN 2001, 2002, or 2003 via a contract modification in accordance with FAR clause 52.217-9, Option to Extend the Term of the Contract for a semi-annual surveillance audit.
e. Task 5 Recertification Audit (CLIN 0003). Audit all audit sites to evaluate EC’s QMS compliance with ISO 9001:2015 standards or most current version. Provide an audit report in accordance with paragraph 7.2.f. Issue EC a certificate demonstrating compliance to ISO 9001:2015, or current ISO 9001 standard, prior to expiration of current certification, assuming the Recertification Audit is successful.
f. Task 6 Audit Reports. Submit complete audit reports, detailing criteria, evidence, and findings in accordance with ISO 19011:2018, to the COR and MR within 30 calendar days of the completion of each audit. The audit report may include nonconformity reports, corrective and preventive action reports, and an audit follow-up report, if applicable.
g. OPTIONAL Surveillance Audit 2028 (OPTIONAL CLIN 1001). Complete an additional annual (CLIN 1001) surveillance audit to ensure recertification status (no certification lapse) by maintenance of required surveillance schedules. This optional surveillance audit(s) would be exercised at the Government’s discretion in accordance with FAR clause 52.217-9, Option to Extend the Term of the Contract.
h. OPTIONAL Re-audits (OPTIONAL CLINS 2001, 2002, 2003). Complete an additional surveillance audit to ensure recertification status (no certification lapse) by maintenance of required surveillance schedules. The optional surveillance audit(s) would be exercised at the Government’s discretion in accordance with FAR clause 52.217-9, Option to Extend the Term of the Contract.
7.3 Deliverables
a. Personnel Matrix. Within 14 days of contract award, submit an electronic PDF of the matrix of all Contractor and subcontractor personnel on this contract, their roles and responsibilities, including the PM, auditors, designated QCI, and accounting personnel to the COR and MR.
The Contractor shall be responsible for the professional and technical competence of the personnel it assigns to perform the obligations under the contract. Replacement of personnel (meeting the qualifications identified within this contract) shall be coordinated with and approved by the Contracting Officer, carried out as quickly as possible, and in a manner that shall not adversely affect the performance obligations under the contract.
b. Anti-Terrorism/Operations Security (AT/OPSEC). Provide the submittals required in accordance with paragraph 8.3.
c. Audit Schedule, according to Task 1.
d. Audit Scope and Plan, according to Task 2, for each audit.
e. Surveillance Audit Reports, according to Tasks 3 and 4, as detailed in task 6.
f. Recertification Audit Report, according to Task 5.
g. ISO 9001:2015 Certificate. Provide a new ISO 9001:2015, or most current version, certificate within 30 calendar days of the completion of the recertification audit.
h. (OPTIONS) Surveillance Audit Reports according to options exercised and as detailed in Task 6.
8.0 Performance Requirements Summary (PRS)
The PRS is intended to ensure that the Government receives the services for which it contracted. The Government will only pay for services received. The Performance Requirement Summary (PRS) determines if the contractor meets the performance standards of the contract, as well as provides guidelines for how and when surveillance will be performed. It ensures timeliness, effectiveness, and that the contractor is delivering the results specified in the contract. Government contract quality assurance will be performed at such times and/or places as may be necessary to determine the services conform to contract requirements.
The Contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable quality levels (AQL) of service required for each requirement. These thresholds are critical to mission success.
8.1 Performance Requirements Summary Table
Below are the criteria against which the performance will be evaluated. Work shall be considered not to have been performed when any one of the following conditions exists in accordance to the Quality Assurance Surveillance Plan.
PERFORMANCE REQUIREMENTS SUMMARY
| Required Services (Tasks) |
| Performance Standards |
| Acceptable Quality Levels |
Surveillance Validated Complaints
| Task 1 – Audit Schedule (PWS Paragraph 7.2.a) |
| Contractor delivers a draft Audit Schedule within 15 days of contract award. |
| Zero deviation from PWS |
| 100% |
Inspection 0 per contract
Task 2 – Audit Scope and Plan (PWS Paragraph 7.2.b)
| Contractor submits draft audit scope and plan within 20 days of contract award, and 30 days prior to all other audits. |
| Zero deviation from PWS |
| 100% |
Inspection 0 per contract
Task 3 – Initial Surveillance Audit (PWS Paragraph 7.2.c)
| Contractor performs audit according to audit schedule, scope, and plan. |
| Zero deviation from PWS |
| 100% |
Inspection 0 per contract
| Task 4 – Surveillance Audit(s) (PWS Paragraphs 7.2.d, 7.2.g, 7.2.h) |
| Contractor performs audit according to audit schedule, scope, and plan. |
| Zero deviation from PWS |
| Periodic Inspection |
| 0 per contract |
| Task 5 – Recertification Audit (PWS Paragraph 7.2.e) |
| Contractor performs audit according to audit schedule, scope, and plan. |
| Zero deviation from PWS |
| Periodic Inspection |
| 0 per contract |
| Task 6 – Audit Reports (PWS Paragraph 7.2.f) |
| Contractor delivers all Audit Reports within 30 days after each audit. |
| Zero deviation from PWS |
| Periodic Inspection |
| 0 per contract |
Personnel Matrix (PWS Paragraph 7.3.a)
| Contractor delivers matrix within 14 days of award. |
| Zero deviation from PWS |
| Periodic Inspection |
| 0 per contract |
| AT/OPSEC Submittals (PWS Paragraph 7.3.b) |
| Contractor provides submittals within timeframes indicated. |
| Zero deviation from PWS |
| Periodic Inspection |
| 0 per contract |
| ISO 9001:2015 Certificate (PWS Paragraph 7.3.g) |
| Contractor provides certificate, if applicable, by. |
| Zero deviation from PWS |
| Periodic Inspection |
| 0 per contract |
Invoice Packages (PWS Paragraph 10.5)
| Contractor submits timely and accurate invoices. |
| Zero deviation from PWS |
| 100% |
Inspection 0 per contract
8.2 Surveillance Methods
Periodic and 100% inspections by the COR will serve as the surveillance methods. If the COR discovers deficiencies and/or receives complaints, the COR will pass them on to the Contractor's PM for correction.
8.3 Unacceptable Performance
When performance is determined unacceptable, as defined in the Performance Requirements Summary, the COR will inform the Contractor’s PM that performance is unacceptable and provide written documentation. Disputes in surveillance should be referred to the Contracting Officer.
The COR will notify the Contracting Officer of less than acceptable performance. If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no additional cost to the Government. When the defect(s) in services cannot be corrected by re-performance, the Government may:
a. Require the Contractor to take necessary action to ensure future performance conforms to contract requirements.
b. Reduce the contract price to reflect the reduced value of the services performed.
c. If the Contractor fails to promptly re-perform the services, or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may:
(a) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service.
(b) Issue Cure Notice.
(c) Terminate the contract for Government convenience; and/or
(d) Terminate the contract for Cause.
8.4 Correction of Non-Performance of Work
Contractor shall employ an adequate quantity of personnel to ensure that any area found to be not in compliance and therefore not acceptable, shall be made acceptable by the performance or re-performance of the work, where such re-performance is possible, during the first business day after noncompliance has been observed by or reported to and verified by the COR.
8.5 Damages Caused by the Contractor
Contractor shall be held accountable and liable to the Government for any damages to government facilities, fixtures, furnishings, equipment, or grounds caused by the Contractors or their employees.
8.6 Interference with Government Operations
Contractor and their employees shall perform all work in such a way as to not interfere with regularly scheduled Government operational activities.
8.7 Additional Services
The Contractor shall not perform any services under this contract that are considered by the Contractor or Government to be a change in work, or services required by this agreement without the written approval of the Contracting Officer.
8.8 Use of Information
The information developed, gathered, assembled, and reproduced by the Contractor or his sub-contractors, or their associates, in fulfillment of the contract requirements as defined in or related to this PWS, shall not be used for any purposes at any time without the written consent of the Contracting Officer.
9.0 Travel, Safety, and Security – Anti-Terrorism, Operations Security (AT/OPSEC)
This section presents safety and security requirements that may involve training of Contractor and/or subcontractor training in order to work on a Government site. The contractor shall maintain a current roster of the names of employees who have completed the training, the title of the training completed, and the most recent date that the training was completed, method of training delivery, and instructor's name if applicable. The contractor shall submit the roster to the COR no later than 5 calendar days after each employee has received the training. The contractor shall update the roster and resubmit to the COR no later than 5 calendar days after any changes.
All contractor employees, including subcontractor employees, who are not in possession of the appropriate clearances and training, will be escorted in areas where they may be exposed to classified, sensitive materials and/or sensitive or restricted areas.
9.1 Travel
This is a firm-fixed-price contract. All travel costs associated with the performance of services shall be included with quoted price. No adjustment will be made to the travel costs based upon actual contractor costs.
9.2 Safety
The contractor shall conform to all safety standards of the most current edition of the USACE Safety and Health Requirements Manual EM-385-1-1 (2014), which will be made available to the contractor upon request or could be found online at (http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf). A Job Safety Analysis, also known as Activity Hazard Analysis (AHA), shall be prepared in accordance with EM-385-1-1 and submitted as part of the Study Plan (Section 1) prior to initiation of the work tasks. The Job Safety Analysis shall be updated and resubmitted to the designated COR as warranted.
9.3 General Security Requirements and Guidance
The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation will include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures – this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.
9.3.1 Antiterrorism (AT) Level I Training
All contract personnel requiring routine access to Army installations, facilities, and controlled access areas, or requiring network access shall complete initial and annual refresher AT Level I awareness training. Online AT Level I awareness training is available at https://jko.jten.mil/ (website subject to change).
9.3.2 Physical Security and Access Control Requirements
All contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of that location. Contract personnel requiring unescorted access to meet contract performance requirements on a DoD installation in the US shall be vetted by the installation/facility Provost Marshal/Directorate of Emergency Services/Security Office using the National Crime Information Center-Interstate Identification Index (commonly referred to as “NCIC-III”) and Terrorist Screening Database (commonly referred to as “TSDB”). Contract personnel shall comply with all personal identity verification requirements specified in installation/facility policies and procedures. Contract personnel who do not meet requirements for unescorted access to USACE facilities shall coordinate escorted access with the Government representative, as needed. Contract personnel who receive keys, access cards, or lock combinations that provide access to government-owned property shall comply with key and lock control procedures of the RA.
9.3.3 Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say Something)
All contract personnel shall receive initial and annual refresher training from the RA representative on the local suspicious activity reporting program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity.
9.3.4 Escorting in Classified and/or Sensitive Areas
In accordance with applicable regulations, all contract personnel who do not possess the appropriate security clearance or access privileges will be escorted in areas where they may be exposed to classified information or operations, sensitive information or activities, or restricted areas.
9.3.5 Pre-screen Candidates Using E-Verify Program
Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements. Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/eligible candidates shall be provided to the COR no later than three 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, and submit it to the Contracting Officer to become part of the official contract file.
10.0 General
10.1 Project Coordination
No changes to the proposed contract effort will occur without prior approval by the Contracting Officer.
Any Government services required for completion of the identified tasks shall be requested in writing as part of the contractor’s technical proposal and mutually agreed to as part of the contract award. Any requests for support from EC employees shall consider that employees will only be available to provide required services Monday through Friday, from 6:30 a.m. to 5:00 p.m. Pacific Time. Special arrangements will be necessary if support services are required for Saturday through Sunday. Requests for operating project support should be directed to the COR, who will notify the appropriate parties and arrange for required services.
All field activities conducted onsite are subject to the review and approval of the Operating Project Manager (OPM), including all project safety and security measures. Prior to any onsite work, contractor personnel must have completed all safety training and, if applicable, Lockout Tagout (LOTO) and Hazardous Energy Control Program (HECP) requirements. Safe clearances will be required while contractor personnel are onsite. Safe clearance procedures will comply with ER 385-1-31 and the Project’s LOTO, HECP, and Safe Clearance Procedures.
All onsite activities shall be conducted in accordance with the USACE Safety and Health Requirements Manual (available online). In the event onsite activities are of a nature that requires an Activities Hazard Analysis (AHA), the appropriate information shall be submitted to the OPM and COR in writing. If, at any time, the onsite activities do not comply with the USACE Safety and Health Requirements Manual, the Contracting Officer, COR, OPM or their representative are authorized to stop the activity.
All coordination involving onsite activities shall be conducted between the contractor’s project manager, the COR and the onsite POC. No changes in the PWS, cost, or overall project schedule shall occur without written approval by the Contracting Officer.
10.2 Project Schedule
In the proposal, the contractor shall submit a proposed schedule that includes a pre-work coordination meeting, submission of detailed Work Plan, the anticipated milestones of each task, and the submission of draft reports and final reports meeting the deliverable schedule identified in this PWS.
10.3 Media/Publicity
The contractor shall immediately refer all media and public inquiries or access requests to the worksite to the Government/USACE – including the POCs and CORs, and the respective Public Affairs Office if warranted -- without further comment. The Government may request or require the contractor to provide access to the worksite to those groups approved by the Government. Any VIP/media access to the work site will require a Government and contractor representative for escort.
10.4 Contract Changes
Changes in scope, time, or deliverables can only be authorized by the Contracting Officer. The contractor shall notify the Contracting Officer immediately if they have received direction to perform work outside the scope of the contract. Changes in scope will be negotiated and a written modification issued, before proceeding with the work.
Only a warranted Contracting officer (either a Procuring Contracting Officer (PCO) or an Administrative Contracting Officer (ACO)), acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract, you shall not proceed with the change and shall immediately notify the Contracting Officer.
10.5 Invoicing
Prepare invoices in accordance with FAR clause 52.212-4(g) and submit within 30 days of completion of the tasks outlined in the PWS. Invoices shall be submitted electronically via email to:
CENWP-AE-Reports@usace.army.mil
10.6 Government Holidays
The Contractor is not required to work on the following federal holidays:
| · New Year’s Day | • Labor Day |
| · Martin Luther King Birthday | • Columbus Day |
| · President’s Day | • Veteran’s Day |
| · Memorial Day | • Thanksgiving Day |
| · Juneteenth | • Christmas Day |
· Independence Day
10.7 Walsh-Healey Public Contracts Act or the McNamara-O'Hara Service Contract Act (SCA)
Every employer performing work covered by the Walsh-Healey Public Contracts Act or the McNamara-O'Hara Service Contract Act (SCA) is required to post a notice of the compensation required (including, for service contracts, any applicable wage determination) in a prominent and accessible location at the worksite where it may be seen by all employees performing on the contract. A copy of the poster is available in two versions at the following DOL website: http://www.dol.gov/whd/regs/compliance/posters/sca.htm. The rest of the content is subjective to each location’s needs.
10.8 Veterans Employment Emphasis for U.S. Army Corps of Engineers Contracts
In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:
Federal Veteran employment information at http://www.fedshirevets.gov/index.aspx
Department of Labor Veterans Employment Assistance at http://www.dol.gov/vets/
Department of Veterans Affairs-VOW to Hire Heroes Act at http://benefits.va.gov/vow
Army Wounded Warrior Program at https://www.woundedwarriorproject.org/programs/warriors-to-work/employer-resources
U.S. Chamber of Commerce Foundation – Hiring Our Heroes at http://www.hiringourheroes.org/
Guide to Hiring Veterans – Reference Material at https://www.dol.gov/sites/dolgov/files/VETS/files/Employer-Guide-to-Hiring-Veterans2022.pdf
11.0 Points of Contact
| Contracting Officer: | Darrel Hutchens | ||
| darrell.d.hutchens@usace.army.mil | |||
| COR: | Danielle Jacquot-Matt | Danielle.A.Jacquot@usace.army.mil | |
| Contract Specialist: | Suzanne Hunt | suzanne.w.hunt@usace.army.mil | |
| Technical POC: | Danielle Jacquot-Matt or QMS Program Manager | Danielle.A.Jacquot@usace.army.mil | |
| Technical Services Analyst: | Crystal Lind | Crystal.L.Masterson@usace.army.mil | |
| EC Audit Coordination POC: | Danielle Jacquot-Matt or QMS Analyst | ||
| Danielle.A.Jacquot@usace.army.mil |
File details come from the government source that posted it. Updated .