draft_SOW_Shuttles_1_1.doc

Statement of Work

A. Introduction

The Bureau of Land Management, Grand Junction Field Office, McInnis Canyons National Conservation Area, has a requirement for periodic assistance transporting government vehicles and trailers between Loma, Colorado, and Westwater, Utah.

B. Background The McInnis Canyons National Conservation Area, administered through the Grand Junction Field Office of the Bureau of Land Management, is located on Colorado’s western slope just west of the city of Grand Junction, Colorado. The NCA encompasses 123,430 acres, and the NCA staff administers a high-quality and high-profile recreation program as a component of the overall stewardship of the NCA and its resources.

The Ruby-Horsethief section of the Colorado River runs through the NCA and provides one of the primary points of access into the Black Ridge Canyons Wilderness. Between May and October, over 20,000 visitors make overnight trips through the NCA. During this season, BLM staff complete several resource patrols per week down this 20+ mile section of river.

C. Scope BLM staff will launch river patrols from Loma, Colorado, leaving a government vehicle at Loma. The Vendor shall pick up and transport the government vehicle(s) to Westwater so that the vehicle will be there when the BLM personnel arrive at Westwater.

The BLM anticipates that up to 100 trips per year will be performed during the period of this contract (e.g., during the 12 months from the date this contract is approved). The exact number of trips may be substantially more or less than this estimate depending on workload and available budget and would be requested on an as-needed basis.

Part 2: Work Requirements

A. Deliverables

The end product is measured by number of trips: vehicles shall be picked up in Loma, driven to Westwater, parked at Westwater, with the keys either left with the vehicle as required by BLM or the vehicle otherwise secured as required by BLM.

Completion time would be worked out for each individual trip by coordination between the BLM and the Vendor, but would typically be an established time of day at Westwater, UT.

B. Government-furnished materials

The BLM shall provide a vehicle with an adequate gas supply, and a trailer. Materials (government truck and trailer) come from the Grand Junction Field Office of the BLM, and would typically be left at Loma for pickup.

C. Guides/controls pertinent to performance The Vendor’s drivers shall have a valid driver’s license with the appropriate class annotated in accordance with Colorado and Utah State Law. The Vendor shall have adequate internal controls in place to ensure that each driver is capable of safely conducting the applicable government equipment from Loma to Westwater.

Potential Vendor(s) should provide a plan of operations as part of their proposal that demonstrates compliance with the BLM Fleet Management Policy, specifically:

1. Employees of Vendors and subcontractors authorized to use government motor vehicles do so solely in the performance of the Government contract or subcontract.

2. Vendors and subcontracts establish and enforce suitable penalties for their employees who willfully use or authorize the use of such vehicles for other than official purposes.

3. The Vendor or subcontractor assumes any cost or expense incident to use not related to the performance of the contract, without the right of reimbursement from the government for such cost or expense.

4. Cooperators, Vendors, and subcontractors operating fleet vehicles have obtained the equivalent training and certification to that which is required of government employees.

5. The agreement incorporates the authorization to operate a Government vehicle and that liability and tort-related actions are also included.

6. The Contractor shall procure and maintain, during the term of this contract and any extension thereof, liability insurance in accordance with the clause below.

1452.228-70

LIABILITY INSURANCE – DEPARTMENT OF THE INTERIOR (JUL 1996)

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

WORKMANS’ COMPENSATION

Contractor is required to comply with applicable Federal and State Workers’ Compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

(End of clause) Vendor’s proposal should also address that all Vendor personnel must identify themselves as employees of the Vendor to avoid creating the impression in the minds of the public that they are government employees. The proposal should also address how the Vendor’s employees shall present a professional appearance, at all times and that their conduct shall not reflect discredit on the BLM.

D. General Instructions Hazardous conditions and items needing repairs are to be reported to the COR immediately.

OBSERVANCE OF LEGAL HOLIDAYS:

(a) Vendor shall hereby agree to observe the following Government holidays:

New Year's Day

Columbus Day

President's Day

Veteran's Day

Memorial Day

Thanksgiving Day

Independence Day Christmas Day

Labor Day

Martin Luther King's Birthday Juneteenth

(b) Also, any other day designated by Federal Statute, any other day designated by Executive Order, and any other day designated by the President's proclamation. When any such day falls on a Saturday, the preceding Friday is observed; when any such day falls on a Sunday, the following Monday is observed. All personnel assigned to this contract shall limit their observation of holidays to those set forth above.

AUTHORITY

Notwithstanding any of the other provisions of this contract, the CO shall be the only individual authorized to:

(a) accept nonconforming work,

(b) waive any requirement of this contract, or

(c) modify any term or condition of this contract.

PROCEDURES FOR AVOIDANCE OF ACTUAL OR APPARENT PERSONAL SERVICES

In order to avoid actual or apparent personal services for awarded Vendor and Vendor’s employees performing work at Government facilities and driving a government vehicle, the following procedures shall apply to this agreement:

(i) Vendor and Vendor’s employees shall be provided, and shall wear in plain sight, an identification badge which clearly indicates they are a Vendor or employee of the Vendor.

(ii) Vendor and employees of the Vendor shall identify themselves as such in all correspondence, such as e-mails or faxes, originating from a Government provided source.

(iii) Vendor and Vendor’s employees shall not attend Government all employee meetings or other inherently governmental meetings unless specifically notified. All such notifications shall be coordinated through the CO and the on-site contract manager. If attendance at a recurring meeting is necessary for accomplishment of agreement requirements a blanket notification may be executed.

(iv) Government employees shall not participate in Vendor’s employment interviews unless specifically approved by the CO and then only to the extent required to ensure a skill match for the position being filled.

KEY PERSONNEL

(a) Vendor shall assign to this contract the following key personnel who will have the full authority to act on behalf of the Vendor during performance of efforts hereunder:

To be determined during negotiations (Individual names shall be included in the resultant contract as an attachment.)

Supervision shall be the responsibility of the awarded Vendor(s). Any vendor employee problems in performance, attendance, or other personal problems shall be referred to the On-Site Supervisor to be referred on to the Vendor.

(b) During the first year of performance, the Vendor shall make no substitutions of those personnel unless the substitution is necessitated by illness, death, termination of employment, or otherwise approved by the CO. Vendor shall notify the CO within 15 calendar days after the occurrence of any of these events and provide information required by paragraph (c) below. After the initial year, Vendor shall submit the information required by paragraph (c) to the CO at least 15 calendar days prior to making any permanent substitution.

(c) Substitution of key personnel shall require the written approval of the CO. Vendor shall provide an explanation of the circumstances necessitating the proposed substitution, complete resumes for the proposed substitutes, and any additional information requested by the CO. Proposed substitutions should have comparable qualifications to those of the persons being replaced. The CO will notify Vendor within 15 calendar days after receipt of all required information of the decision on substitutions. The key listing of personnel shall be modified by superseding letters as a bilateral contract modification as stated in (a) above.

(d) The Government reserves the right to refuse any Vendor employees recommended or referred by the Vendor.

PROFESSIONAL STANDARDS AND ETHICS

All personnel furnished by the Vendor shall be fully qualified for the services they are assigned. If any services performed by an individual do not conform to the contract requirements, or jeopardize successful performance of the contract, the CO may require the Vendor to immediately remove the individual from the contract at no additional cost to the Government. The Vendor shall conduct only business covered by this contract during period paid for by the Government and shall not conduct any other business while on Government premises. Vendor employees assigned to this contract shall not solicit business that may be within the scope of this contract.

PAY AND BENEFITS

(a) Regular hourly rates shall include fringe benefits, G&A, and overhead.

(b) Holiday pay and vacation time shall be in accordance with the Wage Determination included, and all revisions made to those Wage Determinations as they become effective.

(c) Vendor personnel are not entitled to administrative leave for such functions as picnics, blood drives, luncheons, dedications, etc.

(d) Vendor’s employees are not eligible to receive monetary awards from the Government.

CERTIFIED EMPLOYEE TIME RECORDS:

The Vendor shall maintain certified employee time records for the life of the contract. The records shall consist of a daily time log for each employee. The log shall be signed or initialed and certified as correct by the employee and the On-Site Supervisor. The time records for the period covered by an invoice shall be submitted with the invoice.

HOLD HARMLESS AND INDEMNIFICATION AGREEMENT:

The Vendor shall hold harmless and indemnify the Government against any and all liability, claims, and costs of whatsoever kind and nature for injury to or death of any person or persons and for loss or damage to any property occurring in connection with, in any way incident to, or arising out of the occupancy, use, service, operation or performance of work under the terms of the contract, resulting in whole or in part from the negligence acts or omissions of the Vendor, any subcontractor, or any employee, agent, or representative of the Vendor or Vendor’s subcontractor.

GOVERNMENT ISSUED KEYS AND IDENTIFICATION CARDS

(a) All Vendor personnel shall be required to wear identification cards while on the Government site.

(b) It may become necessary for the Government to issue keys to the Vendor(s) personnel.

(c) Prior to, or upon completion or termination of work required hereunder, the Vendor shall return all such keys to the CO or the duly authorized representative. In the event such keys or identification cards are not returned, the Vendor understands and agrees that the Government may, in addition to any other withholding provisions of the contact, withhold $50.00 for each key or identification card not returned. If the keys or identification cards are not returned within 30 days from the date the withholding action was initiated, any amount so withheld shall be forfeited by the Vendor.

GOVERNMENT FURNISHED PROPERTY AND DATA

(a) The Government will provide equipment as necessary for performance of duties detailed in this SOW.

(b) The Vendor shall be liable for all loss or damage of Government-furnish property until the completion and final acceptance of work required under this contract.

(c) Except as authorized in writing by the CO, the Vendor is not authorized to acquire any equipment (including office equipment) furniture, fixtures or other personal property items as a direct charge item under this contract.

CONTRACTING OFFICER'S REPRESENTATIVE (COR)

The COR(s) will be appointed by the CO upon award of the contract issued hereunder. The COR(s) will serve as the primary technical contact between the BLM and the Vendor. In this role the COR(s) will provide any specialized instructions to the Vendor regarding the Statement(s) of Work, arrange pre-work conferences as necessary, and coordinate the review and acceptance of all tasks/services under individual contract. The COR(s) do not have the authority to modify, or in any way amend the prices, terms, or conditions of this contract or any contract issued hereunder without the prior written consent of the CO.

TECHNICAL DIRECTION

(a) Technical direction must be within the scope of work stated in the contract. The COR does not have the authority to, and may not, issue any technical direction which:

(1) Constitutes an assignment of additional work outside the Statement of Work;

(2) Constitutes a change as defined in the contract clause(s) entitled "Changes", located in Section C;

(3) Causes an increase or decrease in the total price or the time required for contract performance;

(4) Changes any of the expressed terms, conditions or specifications of the contract; or

(5) Interferes with the Vendor's right to perform the terms and conditions of the contract.

(b) The term "technical direction" is defined to include:

(1) Directions to the Vendor which redirect the contract effort, shifts work emphasis between work areas or tasks, requires pursuit of certain lines of inquiry, fills in details or otherwise serves to accomplish the contractual Statement of Work.

(2) Providing written information to the Vendor which assists in the interpretation of drawings, specifications or technical portions of the work description.

(3) Review, and where required by the contract, approval of technical reports, drawings, specifications and technical information to be delivered by the Vendor to the Government under the contract.

(c) Technical directions can be issued in writing or verbally by the COR.

(d) The Vendor shall proceed promptly with the performance of technical directions duly issued by the COR in the manner prescribed by this article and within his authority under the provisions of this clause. If, in the opinion of the Vendor, any instruction or direction by the COR falls within one of the categories defined in (a)(1) through (5) of this clause, the Vendor shall not proceed but shall notify the CO in writing within five (5) working days after receipt of any such instruction or direction and shall request the CO to modify the contract accordingly. Upon receiving the notification from the Vendor, the CO shall:

(1) Advise the Vendor in writing within thirty (30) days after receipt of the Vendor's letter that the technical direction is within the scope of the contract effort and does not constitute a change under the "Changes" clause, located in Section C, of the contract;

(2) Advise the Vendor within a reasonable time that the Government shall issue a written change order;

(3) Rescind the technical direction.

(e) A failure of the Vendor and Contracting Officer to agree that the technical direction is within the scope of the contract, or a failure to agree upon the contract action to be taken with respect thereto shall be subject to the provisions of the clause entitled "Disputes", incorporated by reference in FAR 52.212-4 Contract Terms and Conditions -- Commercial Items in Section C.