Draft XRD Repairs - PWS.docx

PERFORMANCE WORK STATEMENT (PWS)

Bruker XRD Repair

Part 1

General Information

1. GENERAL: This is a non-personnel services contract to provide repair of a Bruker AXS D2 Phaser X-Ray Diffractometer (XRD) instrument operated by the Forensic Exploitation Division (FXD). The Government shall not exercise any supervision or control over the contract service providers performing the services 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 perform the needed/requested service and repair of the instruments as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2 Background: The requested service is for one (1) FXD Bruker D2 Phaser XRD that has recently become inoperable at the FXD compound. The service includes technical support for instrument failure, needed repairs, and covered warranted items. The service covers the cost of the materials/parts needed and the service engineer who performs the tasks.

1.3 Scope: Service engineer will provide technical evaluation and repair of the one (1) identified malfunctioning Bruker D2 Phaser XRD.

1.3.1 Period of Performance: 30 September 2025 – 29 September 2026

1.4 Objectives:

* To ensure proper functioning of installed instrumentation used in forensic processing.

* To maintain the instrumentation in-line with ISO 17025 and A2LA.

* To repair or replace under warranty any broken or damaged equipment quickly and accurately to limit disruption to forensic laboratory workflow.

1.5 General Information

1.5.1 Quality Control Plan (QCP): Quality Control is the responsibility of the Contractor. The Contractor is responsible for the delivery of quality services/supplies to the Government (see FAR 52.246-1 Contractor Inspection Requirements). The Contractor shall develop and maintain a QCP to ensure services are performed in accordance with (IAW) this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor's QCP is the means by which it assures that the work provided complies with the requirements of the contract.

A copy of the Contractor’s basic Quality Control Plan shall be provided to the Contracting Officer for approval not later than 10 calendar days after receipt of award. An updated copy shall be provided to the Contracting Officer and COR as changes occur.

The Government will review and either notify the Contractor in writing of acceptance of the plan or return their comments to the Contractor within ten (10) calendar days. If the Government has provided comments, the Contractor shall then have ten (10) calendar days to submit a Final QCP. After receipt of the Final QCP, the Contractor may receive the Contracting Officer’s acceptance in writing. Any proposed changes to the accepted QCP are required to be resubmitted for acceptance by the Contracting Officer no later than ten (10) calendar days prior to the anticipated change and before implementation by the Contractor. The timeline noted above will apply for review and acceptance for proposed changes. At a minimum, the QCP must include and answer the following to be acceptable:

(a) A chart showing the organizational structure and lines of authority, the names, qualifications, duties, responsibilities, and classification of each member of the Contractor's Quality Control Team;

(b) How the Contractor will monitor work to ensure performance complies with all deliverables (etc. timelines, deadlines, and goals);

(c) How the Contractor will monitor work to ensure performance complies with all specifications and requirements of the contract, including the contract’s clauses;

(d) How the Contractor will monitor and ensure staff qualifications remain current and valid including Department of Defense (DoD) Contractor Personnel Office (DOCPER) processes/approvals throughout contract performance;

(e) How the Contractor will ensure all keys issued will remain controlled items (Paragraph 1.7 Key Control);

(f) How the Contractor will inventory and track maintenance of all Government Provided Equipment / Materials;

(g) How the Contractor will identify, investigate, and correct any non-conforming performance and prevent similar deficiencies in the future; and

(h) How the Contractor will file and save all Quality Control related documents for the life of the contract plus 5 years.

1.5.1.1 The Contractor shall inform the COR of issues or potential issues that might affect the performance within seventy-two (72) of identifying those issues. Verbal reports shall be followed up by written reports within five (5) calendar days.

1.5.2 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the acceptable quality levels (performance thresholds).

1.5.3 Recognized Holidays: The following provides information on recognized holidays for the purpose of the PWS. If submittal of any documentation (e.g. deliverables, submittals, etc.) deadlines fall on a holiday, the closest work day prior to the holiday will apply as the deadline for submittal.

1.5.3.1 U.S. Holidays: The contractor is not required to perform services on U.S. federally recognized holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer. When a U.S. holiday occurs on a Saturday or a Sunday, the holiday is observed on the preceding Friday or following Monday, respectively.

1.5.4 Operating Hours: N/A.

1.5.5. Training Holiday: N/A

1.5.6 Place of Performance: The work to be performed under this contract will be performed at the Bruker facility in Madison, WI.

1.6 Security Requirements: Contractor personnel performing work under this contract are not required to have a personal security clearance.

1.6.1. Security Program. N/A

1.6.2. Personnel Security Clearance Requirements. N/A

1.6.3. Installation Access. N/A

1.6.4. Background Checks. N/A

1.6.5. Physical Security: The Contractor shall safeguard all Government equipment, information, and property provided for Contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured IAW the Army Physical Security Program (AR 190-13).

1.6.6 Operations Security (OPSEC) Requirements. The Contractor shall safeguard all Government equipment, information, and property provided for Contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured IAW the Army Physical Security Program (AR 190-13).

1.7 Key Control: N/A.

1.8 Post Award Conference/Periodic Progress Meetings: The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.8.1 The Contractor shall attend, participate in, and furnish input to scheduled and unscheduled meetings, conferences, and briefings that relate to the functions and services herein as required by the Government to provide effective communication and impart necessary information. The Contract Manager or designated representative shall attend meetings as requested by the Government. Meeting attendees shall at times include Contractor managerial, supervisory, and other personnel knowledgeable of the subject matter. Meetings may start or end outside of regular duty hours.

1.9 Contracting Officer Representative (COR): Refer to Part 2 of this PWS for the definition of a COR. As determined by the Contracting Officer, a COR will be appointed and identified by letter of designation, a copy of which will be provided to the Contractor by the Contracting Officer. The designation letter states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates, or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is not authorized to obligate the Government. If the work is not written in the contract, the COR is not authorized to request new work. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance, maintain written and oral communications with the Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements, including Government drawings, designs, specifications, monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies, coordinate availability of Government property, and coordinate site entry of Contractor personnel.

1.10 Key Personnel: The follow personnel are considered key personnel by the government: Contract manager/Alternate contract manager. The contractor shall provide a Program/Contract Manager who shall be responsible for the performance of the work. The name of this person and an Alternate Program/Contract Manager, who shall act for the Contractor when the Program/Contract Manager is absent, along with a Curriculum Vitae (CV) for each of these individuals, shall be provided in writing to the KO no later than 10 days after the contract is awarded. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 8:00 a.m. to 5:00 p.m, Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons.

1.11 Identification of Contractor Employees: N/A

1.12 Contractor Travel: N/A

1.13 Other Direct Costs: N/A.

1.14 Data Rights: N/A.

1.15 Non-Disclosure Requirements: Performance under this contract may require the Contractor to access data and information proprietary to a Government agency, another Government Contractor, or of such nature that its dissemination or use other than as specified in this work statement would be adverse to the interests of the Government or others. The Contractor and Contractor personnel shall not divulge or release data or information developed, or obtained under performance of this PWS, except to authorized Government personnel or upon written approval of the Contracting Officer. The Contractor shall not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as specified in this PWS. All documentation showing individual names or other personal information shall be controlled and protected under the provisions of the Privacy Act of 1974, Public Law 93-579, 5 United States Code (U.S.C.) Section 552a.

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

1.17 Non-Disclosure Statements: N/A

1.18 Organizational Conflict of Interest (OCI): N/A

1.19 Phase In /Phase Out Period: N/A

1.20 Safety: N/A

1.21 Environmental Compliance: N/A

1.22 Required Training: N/A

1.22.8 Threat Awareness and Reporting Program (TARP) Training. N/A

1.23 Sexual Harassment/Assault Prevention and Response Plan: N/A

1.24 Notice to Proceed: N/A

1.25 Government Property and Services: N/A

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

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

A2LA. American Association for Laboratory Accreditation (A2LA). The certifying board under which the Forensic Exploitation Division maintains certification.

CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

CONTRACTING OFFICER. A 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.

CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

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

GOVERNMENT-FURNISHED PROPERTY (GFP) OR GOVERNMENT PROPERTY (GP). As reflected in FAR 52.245-1, Government-furnished Property “means property in the possession of, or directly acquired by, the Government and subsequently furnished 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 GOVERNMENT PROPERTY (GP). means all property owned or leased by the Government. Government property includes both Government-furnished 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.

ISO. Certifying body under which the laboratory has certification.

KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

PHYSICAL SECURITY. means that part of security concerned with physical measures designed to safeguard personnel; to prevent unauthorized access to equipment, installations, material, and documents; and to safeguard against espionage, sabotage, damage, and theft. QUALITY ASSURANCE. (or Government contract quality assurance) means the various functions, including, inspection, performed by the Government to determine whether a Contractor has fulfilled the contract obligations pertaining to quality and quantity.

QUALITY ASSURANCE Surveillance Plan (QASP). means the key Government-developed surveillance process document, and is applied to Performance-Based Service Contracting (PBSC). The QASP is used for managing Contractor performance assessment by ensuring that systematic quality assurance methods validate that Contractor quality control efforts are timely, effective, and are delivering the results specified in the contract or task order. The QASP directly corresponds to the performance objectives and standards (i.e., quality, quantity, timeliness) specified in the Performance Work Statement (PWS). It provides specific details on how the Government will survey, observe, test, sample, evaluate, and document Contractor performance results to determine if the Contractor has met the required standards for each objective in the PWS. The QASP, with very few if any exceptions, is an internal to Government document.

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

STATMENT– means the specific results-based activities required to satisfy HLOs. A statement contains a result, the context of the statement, and the required action(s). Statements focus on “what” is to be accomplished; however they are not prescriptive in describing “how” the outcome is to be achieved. Each HLO may have several statements to flesh out the areas necessary to meet the objective. Statements are similar to Level 3 in a Work Breakdown Structure.

SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

WORK WEEK. Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

PART 3

GOVERNMENT PROPERTY (GP) AND SERVICES

3. Government Property and Services

3.1. Services: It is anticipated that all work performed will be conducted at Bruker’s facilities. If the contractor has to perform work on site, then the Government will provide the equipment to be maintained/repaired and personal protective equipment (lab coats, masks, gloves) required by the FXD Chemistry section.

3.2. Facilities: The Government will provide access to the technical areas which contain the instrumentation in covered and access to any other technical areas required for the performance of the maintenance/repairs required.

3.3. Utilities: The Government will provide all utilities in the facility will be available for the contractor’s use in performance of tasks outlined in this PWS. The Contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish cleaning vehicles and equipment.

3.4. Equipment: The Government will provide access to equipment necessary to perform the required work. This can include: printers, computers, pipettes, centrifuges, balances, hoods, holder trays, beakers, and any other technical equipment on site at the laboratory needed for the completion of the repairs and/or check of the instrument.

3.5. Special Tooling and Test Equipment: N/A

3.6. Materials: The Government will provide consumable materials needed in the performance of the required services. This can include: chem wipes, pipette tips, water, buffer, gloves, lab coats, face masks, and any other consumable equipment on site at the laboratory needed for the completion of the repairs and or check of the instrument.

3.7 Training: N/A

3.8 Common Access Cards (CAC): N/A

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. Contractor Furnished Property and Services:

4.1. General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.1.1 The contractor shall provide all necessary trained experienced technical personnel, tools, parts, travel, materials and supplies to perform onsite maintenance and unlimited on-site repair service.

4.1.2 The Contractor shall provide the Contracting Officer and the Contracting Officer’s Representative a list of telephone numbers where the primary service representative may be contacted during normal working hours. The Contractor shall have communication services with his/her own Contractor’s service representative, the COR and ACOR at all times.

4.1.3 The contractor shall furnish the Contracting Officer’s Representative (COR) a signed copy of service reports including quality assurance and certification for each instrument per repair and services, showing maintenance performed, listing dates and specific tasks, along with remarks noting any deficiencies found and repaired. The detailed report is due within two (2) weeks after the service visit.

4.2. Secret Facility Clearance: N/A

4.3. Materials: The Contractor shall provide the required parts for repair and equipment necessary to perform the repair or maintenance (i.e. temperature probe, filters, screwdrivers, etc).

4.4. Vehicles and Equipment: N/A

4.5 Background checks: N/A

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services. The contractor shall provide services for evaluation and repair of one (1) Bruker D2 Phaser XRD.

5.2. Task. Task consists of the following:

5.2.1. High Level Objective: Provide evaluation and repair for one (1) Bruker D2 Phaser XRD.

5.2.1.1 Task Statement: The contractor shall provide coverage for the repair, parts, labor, shipping including testing and evaluations at Bruker’s facility to the specification of the quote and service agreement. Repairs completed to manufacturers specifications per quote.

5.2.1.2. Repairs completed to manufacturer’s specifications per quote.

5.2.1.3 AQL: 100% Compliant

5.2.2. Contractor Project Management. Contractor shall manage all assigned projects from initial receipt until project completion. The Contractor shall ensure all projects are completed IAW the Contractor's approved schedule and project cost as noted below.

(a) STD: The Contractor shall complete each project within +/- 5% of the approved schedule completion date.

AQL: Pass or Fail.

(b) STD: The Contractor shall complete each project within +/- 5% of the initial detailed cost estimate approved by the DPW.

AQL: Pass or Fail.

(c) 5.2.2. The contractor shall provide detailed service reports including quality assurance and certification for each instrument operations to original equipment manufacturer specifications per repair and services request within two (2) weeks after the visit or completion of repairs.

5.3. System for Award Management (SAM) Service Contract Report (SCR)::

The Contractor shall report ALL Contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Bruker via a secure data collection site. The Contractor is required to completely fill in all required data fields through the following web address: www.sam.gov. Reporting inputs will be for the labor executed during the period of performance during each Government FY, which runs from October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk by clicking “View Assistance for SAM.gov” which is located at the top of the SAM.gov website. From there, you can the select “Contact Our Service Desk” which will allow you to contact SAM.gov directly. If contract period of performance ends prior to September 30, the Contractor has 30 calendar days from end date of the contract to complete the SAM SCR requirement.

Steps for Submitting a Service Contract Report (SCR)

1. Go to www.sam.gov and log in.

2. Select Entity Registrations and then select Service Contract Reporting.

3. SAM displays your entities which have service contracts and meet the reporting criteria. Select View by entity to see the service contracts for each entity.

4. Next, select Add for the service contract against which you want to create a Service Contract Report. Each service contract which meets the FAR Subpart 4.1703 reporting thresholds is displayed.

5. You will be taken to the Complete Service Contract Report page. SAM displays the contract details and allows you to report. You are required to enter the following information:

· Total Amount Invoiced: Total dollar amount invoiced for services performed during the previous Government fiscal year under the contract (this amount should include the prime and any subcontract amount).

· Prime Contractor Hours Expended: Prime contractor direct labor hours expended on the services performed during the previous Government fiscal year. The amount you enter is automatically divided by 2,080 hours to calculate a Full Time Employee (FTE) equivalent, displayed under the Prime Contractor Hours Expended as Prime Contractor FTEs.

6. Report any required Tier 1 subcontractor information by selecting the Add Tier 1 Subcontract Information button.

7. When you are ready to submit the report, select Submit. This saves your report and returns you to the Select Service Contract page where you can create other SCRs or edit an existing SCR.

Steps for Editing a Submitted Report

1. Follow steps 1-4 above. Any previously submitted SCR will have a View/Edit button instead of an Add button.

2. Select View/Edit. You will be able to view the current SCR, edit available fields, and resubmit the record. You can also delete previously entered information altogether.

STD: All information provided by the Contractor shall be accurate, complete, and not exceed suspense dates noted in corresponding paragraph above.

AQL: 100% Compliant

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

6.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures.

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. Attachment/Technical Exhibit List:

7.1. Attachment 1/Technical Exhibit 1 – Performance Requirements Summary

7.2. Attachment 2/Technical Exhibit 2 – Deliverables Schedule

TECHNICAL EXHIBIT 1

Performance Requirements Summary The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective (The Service required—usually a shall statement)

Method of Surveillance

PRS # 1.

PWS 1.6.18 Conforms to applicable safety directives.

PRS # 2

PWS 5.2.1 The contractor shall provide coverage for the repair, parts, labor, shipping including testing and evaluations at Bruker’s facility to the specification of the quote and service agreement.

PRS # 3

PWS 5.2.2 Provide detailed service reports per repair and services request

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE