(Draft) PWS Portable Light Towers 2023.pdf

PERFORMANCE WORK STATEMENT

Lease of Portable Light Towers for

Naval Education and Training Command (NETC)

PART 1

GENERAL INORMATION

1. General. This is a non-personal services contract to lease portable light towers. The Government will not exercise any supervision or control over the contract providers delivering the required items herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1. Description of Services/Introduction. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to provide eight (8) portable light towers (gas powered) at Marine Corps Logistics Base Albany (MCLBA) in Albany, Georgia as defined in this Performance Work Statement (PWS) except for those items specified as Government furnished property and services. The Contractor shall perform to the standards in this contract.

1.2. Background. NETC is responsible for training, education and professional development of the Navy's active duty and reserve Sailors. NETC HQ as well as multiple Learning Centers are located in the Pensacola area. In the event of a mass evacuation from the Pensacola region, approximately 4,100 military students will be transferred to MCLBA, GA on a temporary basis under NETC contingency operations.

1.3. Objectives. The objective of this contract is to provide eight (8) portable light towers (gas powered) to include, delivery, set-up, required maintenance, and applicable setup/take down functions.

1.4. Scope. This contract includes all functions, tasks and responsibilities normally performed as a turnkey service by commercial firms using various trades such as site supervisor, truck drivers, and laborers. The Contractor shall be responsible for delivery, setup, and removal of eight (8) portable light towers (gas powered) to include daily maintenance as required. Contractor shall comply with all applicable laws and regulations, including but not limited to Federal Law, Georgia State Law(s), Occupational Safety and Health Administration (OSHA) regulations, Navy and installation regulations.

1.5. Period of Performance. The period of performance is five (5) days.

1.6. Hours of Operation. The Contractor is responsible for providing services between the hours of 7:00 PM to 7:00 AM, Eastern Time.

1.6.1. Emergency Services. On occasion, services may be required to support a trouble call with operation of equipment. The company shall respond to any trouble calls within one (1) hour.

1.7. Place of Performance. The work to be performed under this contract will be performed at the MCLBA, 2917 Fleming Rd, Albany, GA 31705.

1.8. Type of Contract. The Government will award a Firm Fixed Price purchase order.

1.9. Quality Control. Quality Control is the responsibility of the Contractor. The Contractor is responsible for the delivery of quality services to the Government in accordance with (IAW) the terms and conditions contained in Federal Acquisition Regulation (FAR) Subpart 52.212-4 entitled, “Contract Terms and Conditions - Commercial Items” and applicable sub-clauses pertaining to quality control.

1.9.1. Corrective Actions. N/A

1.10. Quality Assurance Plan: Not Required.

1.11. Defense Biometric Identification System. Defense Biometric Identification System (DBIDS) increases installation security and communications by receiving frequent database updates on changes to personnel/credential status, law enforcement warrants, lost/stolen cards, and force protection conditions. The system provides a continuous vetting anytime the DBIDS card is scanned at an installation entry point.

If you currently have an Navy Commercial Access Control System (NCACS) card, the following is required to get a DBIDS credential:

Present your NCACS Card and a completed copy of the SECNAV FORM 5512/1 to the base Visitor Control Center representative.

The VCC will pull up your information in the computer, ensuring all information is current and correct.

Once your information is validated, a temporary DBIDS credential is provided.

Your temporary credential will have an expiration date, prior to which you will need to obtain your permanent DBIDS credential (~ 180 days).

For each additional U.S. Navy installation to which you need access, the first time you visit you only need to bring your DBIDS credential and statement of purpose for base access when arriving at the Visitor Control Center.

The representative will enter base access authorization and then you may proceed to work.

If you do NOT have an NCACS Card, the following is required to obtain a DBIDS credential:

Present a letter or official document from my government sponsoring organization that provides the purpose for your access.

Present valid identification, such as a passport or Real ID Act-compliant state driver's license.

Present a completed copy of the SECNAV 5512/1 form to obtain your background check.

Upon completion of the background check, the Visitor Control Center representative will complete the DBIDS enrollment process, which includes your photo, finger prints, base restrictions, and several other assessments; after all this is done, you will be provided with your new DBIDS credential.

You may now proceed to work.

Additional information is available at https://www.cnic.navy.mil/om/dbids.html.

1.12. Safety

1.12.1. In order to provide safety control for protection to the life and health of employees and other persons; for prevention of damage to property, materials, supplies, and equipment; and for avoidance of work interruptions in the performance of this contract, the Contractor shall comply with 29 CFR 1910, Occupational Safety and Health Standards. The Contractor shall comply with the above and all other applicable DoD, Navy, Federal, State and Local safety and health requirements. The Contractor shall be responsible for all damages to persons and property that occur in connection with the work and service under this contract, without recourse against the Government.

1.12.2. Environment and OSHA. The Contractor shall comply with all local, State, and Federal environmental and occupational safety laws, rules, and regulations. Any apparent conflict between compliance with such local, State, and Federal environmental and occupational safety laws, rules, regulations, and compliance with the requirements of the contract shall be immediately brought to the attention of the KO or authorized representative for final resolution.

The Contractor shall notify the KO or authorized representative in writing in addition to any verbal notification of such conflict. The Contractor shall be liable for all fines, penalties, and costs which result from violations of, or failure to comply with, all such local State, or Federal laws, rules, and regulations. All unsafe acts or conditions fostered by the Contractor or Contractor personnel may be grounds for the KO or authorized representative to halt any and all Contractor performance with a commensurate deduction of monies due to the Contractor until such unsafe conditions are corrected. The Contractor shall take due caution not to endanger personnel during performance of this contract. Upon discovery of a serious hazard such as, but not limited to, fire, or large fuel spill, the Contractor shall notify the KO or designated representative and COR.

1.12.3. Reporting Mishaps. The Contractor shall train personnel to recognize fire and safety hazards and encourage personnel in the performance of their duties to report fire and safety hazards and unsafe conditions to their supervisor. The Contactor shall take corrective action to remedy reported deficiencies IAW the terms of this contract. The KO and/or Government Representative shall be notified of deficiencies beyond the terms of this contract. The Contractor shall adhere to reporting of mishaps IAW OPNAVINST 5102.1D MCO P5102.1B, Navy & Marine Corps Mishap and Safety Investigation, Reporting, And Record Keeping Manual. In addition, the Contractor shall report injury or occupational illness to on-duty Contractors and Contractor accidents involving Navy property and personnel.

1.12.4. Emergency Services.

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

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

1.12.5. Personnel Safety. The Contractor shall immediately correct all safety deficiencies upon notification of the deficiencies by the KO or COR/Government Representative and shall notify the KO or COR/Government Representative of the corrective action to be taken.

1.13. Personnel. For purposes of this paragraph, the term “personnel” or “employee(s)” refers to any person performing work related to this contract, including but not limited to, the Contractor’s employees, agents, representatives, or subcontractor. The Contractor shall staff this effort with trained, competent and capable employee(s) for the discipline they are assigned to. Contractor personnel shall present a clean, neat and professional appearance. The Contractor shall ensure that employees meet all applicable federal, state, local, and installation certification, licensing, medical requirements, and qualifications to perform all assigned tasks and functions as defined in this contract prior to commencement of work. The Contractor shall not permit any personnel to work under this contract if such person is identified by a Government authorized representative to the Contractor as a potential threat to the health, safety, security, general well-being, or operational mission of the MCLBA in Albany, GA. All Contractors’ personnel shall comply with installation security and access procedures and the Contractor’s final Safety Plan.

1.13.1. Motor Vehicle Operators. Contractor’s personnel, whose tasks involve operation of any vehicles, shall possess a valid U.S. state driver’s license, certificates and permits, applicable for the type and class of vehicle being operated.

1.13.2. Speaking, Reading, and Understanding English. Contractor shall hire and staff personnel who can communicate with Government representatives and where reading, understanding, and discussing environmental, health, and safety warnings are an integral part of an employee’s duties, Contractor’s employee shall be able to understand, read, write, and speak the English language fluently. English shall be the only language used with regard to this contract for written correspondence, discussions and other business transactions.

1.13.3. Identification of Contractor Employees.

a. The Contractor (to include subcontractors) shall provide each employee Identification (ID) Badge, which includes at a minimum, the Company Name, Employee Name and a color photo of the employee. ID Badges shall be worn at all times during which the employee is performing work under this contract. Each Contractor (to include subcontractors) employee shall wear the ID Badge in a conspicuous place on the front of exterior clothing and above the waist except when safety or health reasons prohibit. The

Contractor (to include subcontractors) shall be responsible for collection of ID Badges upon completion of the contract or termination of employee.

1.13.4. Conduct of Employees. Contractor personnel’s conduct shall not reflect discredit upon the Government. The Contractor shall ensure that personnel present a professional appearance.

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

1.13.5. Contractor Vehicles. All vehicles and their operators entering any Department of Defense installation will be properly licensed, registered, and insured according to state law.

1.13.6. Contractor Advertising. The Contractor shall not place or display advertising of any kind on Government property.

PART 2

GOVERNMENT FURNISHED ITEMS AND SERVICES

2. Government Furnished Items and Services.

2.1. Services. The Government will provide services to facilitate Contractor access to MCLBA in Albany, Georgia to expedite delivery.

2.2. Facilities. The Government will provide access to facilities for the Contractor’s use in support of this contract. Any alterations to facilities shall be approved in writing and property shall be returned to its original condition prior to completion of this contract. Contractor shall be responsible for any damages or loss of use due to their negligence. Any signage shall conform to standard Navy/Installation signs/format and must be approved by the KO and Government Representative in writing prior to placement and may not be permanently affixed to any Government property or structure.

2.3. Materials. The Government will provide the following materials in support of the required services; water for shower trailers and fuel, diesel or gasoline, to be used as a power source.

PART 3

CONTRACTOR FURNISHED ITEMS AND SERVICES

3. Contractor Furnished Items and Responsibilities.

3.1. Contractor Furnished Items. Everything included in this paragraph and its subparagraphs is basic to the contract and should be included in the contract price.

3.2. Responsibilities of the Contractor.

a. Contractor shall exercise extreme caution to protect building finishes, private property, military property, etc., from damage during the performance of these contract requirements. Contractor shall be responsible for all loss or damage or whatsoever kind and nature to all Government property, while in the performance of these contract requirements, which result in whole or in part from the negligence or omissions of Contractor, any of his Subcontractors or any employee, agent or any representative of the Contractor or Subcontractor(s).

b. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

PART 4

SPECIFIC TASKS

4. General.

4.1. The Contractor shall be responsible for furnishing (8) portable light towers (gas powered) that can produce roughly 110-120 LUMENS or roughly 1,000 WATTS for each light tower.

4.1.1. Each portable light tower shall pass an acceptance inspection before the Government takes possession. The portable light towers shall also be recovered by the Contractor from the respective location at the conclusion of the performance.

4.1.2. The Contractor shall ensure light towers are supplied with generators that accept either gasoline or diesel in order to provide a power source.

4.1.3. The Contractor shall ensure all applicable cables, wiring, and connections are in working order and tested prior to government acceptance.

4.1.4. The Contractor shall obtain all licenses and permits required for performance of work and for complying with all applicable local, state, and Federal laws, rules, and regulations.

4.1.5. The Contractor shall provide a Safety Data Sheet on any chemicals that will be used to the COR at the start of performance.

4.2. Delivery. The Contractor will be directed to the staging area and will be met by Government personnel. Depending on the time of day, the Contractor will be directed to a designated entry point and either the COR or the Government Representative will show them where the assets will be placed.

4.3. Maintenance and Repair. The contractor shall be responsible for the upkeep of all equipment to include light towers, generators, and all required cables, wires, and connections.

4.4. Inspection Requirements. The Contractor shall provide quality services and/or products IAW this contract.

4.4.1. When the Contractor’s performance is unsatisfactory immediate KO/COR verbal interaction will take place with the contractor. The Government will follow-up with written correspondence, detailing the reasons for unsatisfactory condition(s) to the contractor. The Contractor will respond with the corrective action taken/to be taken and how the contractor will prevent any recurrence.

PART 5

APPLICABLE PUBLICATIONS AND FORMS

5. Applicable Publications (Current Editions)

5.1. The Contractor (to include Subcontractors) must abide by all applicable regulations, publications, manuals, and local policies and procedures.

a. 29 CFR 1910, Occupational Health and Safety

b. DoD 5500.7-R Joint Ethics Regulations

c. OPNAVINST 5102.1D MCO P5102.1B, Navy & Marine Corps Mishap and Safety

Investigation, Reporting, and Record Keeping Manual

PART 6

DEFINITIONS, ACRONYMS & ABBREVIATIONS

6. Definitions and Acronyms.

6.1. Definitions.

6.1.2. Contractor. A supplier or vendor awarded a contract to provide specific supplies or services to the Government. The term used in this contract refers to the prime.

6.1.3. Contracting Officer (KO). The person with authority to enter into, administer, and/or terminate contracts, and make related determinations and findings on behalf of the Government.

Note: The only individual who can legally bind the Government.

6.1.4. Contracting Officer Representative. A person appointed by the KO to manage delegated administrative functions and technical oversight of the contract.

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

6.1.6. Equipment. A tangible item that is functionally complete for its intended purpose, durable, nonexpendable, and needed for the performance of a contract. Equipment is not intended for sale, and does not ordinarily lose its identity or become a component part of another article when put into use. Equipment does not include material, real property, special test equipment or special tooling.

6.1.7. Government-Furnished Property (GFP) or Government Property (GP). Property in the possession of, or directly acquired by, the Government and subsequently made available to the Contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification.

Government-furnished property also includes contractor-acquired property if the contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.

6.1.8. Government Property. All property owned or leased by the Government. Government property includes both Government-furnished property and contractor-acquired property.

Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software.

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

a. Items that cannot be found after a reasonable search;

b. Theft;

c. Damage resulting in unexpected harm to property requiring repair to restore the item to usable condition; or

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

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

6.1.11. Non-Personal Services. The personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees. Non personal service contracts are authorized by the Government in accordance with FAR 37.012, under general contracting authority, and do not require specific statutory authorization.

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

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

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

6.1.14. Subcontractor. One that enters into a contract with a prime Contractor. The Government does not have privy of contract with the subcontractor.

6.2. Acronyms.

CFR Code of Federal Regulations COR Contracting Officer Representative DBIDS Defense Biometric Identification System DoD Department of Defense FAR Federal Acquisition Regulation GFP Government-Furnished Property IAW In Accordance With KO Contracting Officer MCLBA Marine Corps Logistics Base Albany NCACS Navy Commercial Access Control System PRS Performance Requirements Summary PWS Performance Work Statement