Att_1_SOW_IDIQ_v4_(003).pdf

Statement of Work (SOW)

9 March 2018

1. General. This is a non-personal non-performance based services Indefinite Delivery Indefinite

Quantity (IDIQ) contract for leasing and maintenance of Heavy Road Construction Equipment listed in Attachment 3, Price Schedule and as specified in the resulting delivery orders. It is expressly agreed and understood that this contract is not a personal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by a contract service provider are rendered in their capacity as an independent contractor or employee of any independent company that may be a party to this contract but rather a contract for delivery of equipment (supply). The Contractor shall be solely liable for and expressly agree to indemnify the Government with respect to any liability producing acts or omissions by its employees or agents. This contract does not create an employer-employee relationship between the Government and any corporation, partnership, business association or other party or legal entity with which the individual contract service provider may be associated. The Government will not exercise any supervision or control over the contract personnel delivering the equipment as stated herein. The Contractor shall be responsible for maintaining communication with the Contracting Officer (CO) and the Government Technical

Representative (GTR), and to immediately notify both the CO and the GTR of any problems that would prevent timely performance of this contract. The contractor shall report suspicious activity to base Security Forces at 850-882-7500 or 911 immediately.

2. The contractor shall not perform Inherently Governmental functions as defined in FAR Subpart

7.5 in relationship to this SOW.

3. The contractor shall provide all labor, equipment, tools, transportation and any other items or services necessary to provide and maintain rented/leased equipment as specified herein.

The contractor shall provide Heavy Road Construction Equipment to include pickup and delivery on a daily, weekly or monthly or partial monthly basis rental time frame. Multiple

Heavy Equipment Items may be rented at the same time (i.e. four road graders, two excavators, two loaders, etc.). Equipment shall be delivered in a safe and serviceable operational condition. Equipment delivered shall Have less than 1500 hours and be no more than two (2) years in age at time of delivery. The contractor shall provide (DEF) Diesel

Emissions Fluid systems when available for Government requested equipment pursuant to

Executive Order (E.O. 13693) Specific Equipment items will be required and specified in delivery orders. If needed and requested by the Government, the contractor shall provide a general overview training of equipment at no additional cost to the Government. Example:

Equipment may contain a new technology or operating procedures.

4. The Government requests that Delivery and Pickup of all Rental Equipment be made by the

Rental Contractor to and from Eglin AFB Duke Field.

796 CES/CEORP

Building 3031 Clay Street. (Duke Field)

Eglin AFB, FL. 32542

5. Government Points of Contact will be provided after the contract is awarded.

6. The Government is requesting that delivery of all rental equipment shall be within two weeks of the date the order was placed for the rental package or specific Rental Equipment Item.

7. The contractor shall call Government Point(s) of Contact to schedule de livery during the hours of (0630 to 1630) not later than one business day in advance of anticipated delivery. At which time, the Government will provide the exact location (specific range road) for that particular delivery.

8. Rental rates are based on a daily, weekly and monthly rate. A 28 day billing cycle with 176 hours of usage per month is acceptable.

9. The Government understands that we are responsible for daily maintenance and any damage to the rental equipment provided at our own expense.

10. The Government is requesting that the rental company be responsible for 24 hour seven days a week maintenance/repair service on all of the following equipment. If the piece of Equipment cannot be fixed in a timely manner (1-2 working days) then an equal replacement needs to be made available (within one working day) the vender shall be responsible for pickup and delivery of replacement equipment at no cost to the Government. The rental company shall be responsible for any service to the equipment (as in oil changes, filters and Equipment malfunctions) The Government will perform daily fluid checks and grease the equipment provided. To ensure timely and accurate service and parts support, requested equipment shall be supplied by a certified dealer of the original equipment manufacturer with OEM trained field-service support. Supplier shall supply demonstrated history and evidence of its ability to provide this support. 24 hour service and repairs are a must, no exceptions.

11. Subsequent delivery orders will specify the exact delivery and pick up locations. The contractor shall call Government Point(s) of Contact (POCs) to schedule delivery and pick up of equipment during the hours of 0630 to 1630 CST not later than one business day in advance of anticipated delivery. Government POCs will be provided upon contract award.

The Government will provide the exact location (specific range road) for each particular delivery in awarded delivery orders.

12. Contractor rates will be based on the monthly rate as stated in contract Attachment 3, Price

Schedule. The Government estimates a monthly rate as a 28 day billing cycle with 176 hours of usage per month. The Government reserves the right to lease equipment on a partial monthly basis as prorated per day from the awarded monthly rate (i.e. (monthly rate / 28 days)* X days needed).

13. Maintenance. Upon notification by the Government the contractor shall provide maintenance/repair on all of its equipment within 2 business days. Maintenance/repair shall be available on a 24 hour seven days a week basis. If the piece of equipment cannot be fixed in a timely manner (2 business days) then an equal replacement shall be provided at the beginning of the third business day. The contractor shall provide pickup of broken equipment and delivery of replacement equipment at no additional cost to the Government. Maintenance and repair shall include (but not be limited to) oil changes, filters and any Government identified equipment malfunction. The Government will perform daily fluid checks and grease the equipment provided. The contractor shall use maintenance parts only from a certified dealer of the original equipment manufacturer (OEM) and from trained field-service support staff. The contractor shall be responsible for disposing of waste resulting from repair or maintenance work as well as any facility damage resulting from maintenance or repair work. *Available maintenance, repair, and equipment replacement support is mission critical.

The Government shall not be charged for the time equipment that is inoperable or unable to be utilized while the contractor is replacing or repairing the equipment. The contractor shall prorate its invoice by the number of days the equipment cannot be utilized by the

Government. Proration shall only be for full days and not partial days.

14. The contractor shall provide the specified brand name equipment or equivalent equipment that meets the minimum salient characteristics as specified in Attachment 2, Salient

Characteristics. If the contractor will be providing other than the brand name equipment to fulfill a delivery order the contractor shall submit the make and model of the proposed equipment along with complete specifications that demonstrate the equipment meets the minimum salient characteristics to Contracting Officer for approval. The contractor shall provide brand name or equal equipment as specified in Attachment 3, Price Schedule and pursuant to provision FAR 52.211-6.

15. Equipment Delivery. The contractor shall deliver equipment stated in each delivery order within 10 business days of the effective date of the delivery order. The monthly rate shall begin the date the Government accepts delivery of the equipment. The contractor shall comply with all base security regulations. Additionally, the contractor shall comply with actions dictated by force protection condition changes/measures. The Contractor and its employees shall comply with all base traffic regulations. Contractor employees are prohibited from possessing weapons, firearms or ammunition, on themselves or within Contractor-owned or privately owned vehicle while on Air Force Installations. IAW AFMAN 31-113, Installation Perimeter Access Control, vehicle registration, proof of insurance and a valid driver's license must be presented for vehicles.

16. The contractor shall provide a dedicated first line heavy equipment contractor representative and phone number. Should the Government require a meeting with the contractor, the contractor representative shall be available within 7 calendar days if a face-to-face meeting is requested or 2 calendar days if a teleconference is requested. A dedicated first line heavy equipment rental company representative for face to face meetings about equipment issues such as performance, failure, specialty training and or specialty equipment applications and use. Based on the size and new technology some training maybe required by the rental contractor to Duke Field personal.

17. On occasion the Government anticipates that the equipment ordered on subsequent task orders may change during the life of the TO. In those instances, the Government will email an Equipment Exchange Order approved by the contracting officer. In those instances, invoices will be paid under the daily rate for the equipment being exchanged outside of the normal monthly cycle. For example the Government issues a task order for two excavators and one bulldozer on 1 June 2018 and on 15 July the Government request for the contractor to exchange equipment, and pick up one of the two excavators and replace it (add) one bulldozer; the contractor shall invoice for two excavators for the month of June and invoice for the excavator that is to remain the excavator’s daily rate for 1-15 Julys for the exchanged/picked-up excavator. Likewise in the above example the contractor shall invoice for one bulldozer for the full month of June and at the bulldozer’s daily rate for the 16-31 of

July. The contractor shall calculate and provide a monthly and daily rate for each piece of equipment by dividing its proposed monthly rate by 28 days.

18. Government Purchase Card. The contractor shall accept Government Purchase Card (GPC) for decentralized orders below $25,000. A list of personnel authorized to place orders with their GPC will be provided by the Government. The contractor shall not accept orders via

GPC from personnel not on the authorized list.

19. Period of Performance. This contract will be a 5 year IDIQ contract.

20. Recognized Holidays. Holidays will be recognized unless there is a major storm or hurricane.

New Year’s Day, Martin Luther King Jr.’s Birthday, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, Christmas

Day. If the holiday falls on a Saturday, it will be observed on the preceding Friday. If the holiday falls on Sunday, it will be observed on the following Monday.

21. Certifications and Qualifications. Contractor employees shall have current and valid professional certifications and licenses required to perform the work in this SOW, prior to contract award. All certification and licensing requirements by Federal, State, and local agencies shall be complied with at the Contractor's expense. The Contractor shall utilize employees possessing adequate training, skills, and knowledge to perform the requirements of this contract.

22. English Language. Employees who deal directly with customers will be required to effectively communicate, both orally and in writing with the customers in English. This requirement is strictly for the purpose of efficiently performing the contract tasks.

23. Delivery Vehicles and Privately Owned Vehicles. Each Contractor employee driving a privately owned vehicle or delivery vehicle on the installation must carry minimum liability insurance as required by the State. Contractor employees shall adhere to all posted speed limits and shall not use hand-held cellular telephones while driving on the installation for phone calls or texting. Use of seatbelts is mandatory. Any Contractor employee cited for driving under the influence will have their driving privileges immediately revoked for a period to be determined.

24. Government Technical Representative(s) (GTR). GTR are representatives of the Contracting

Officer and will participate in the administration of this contract. Subsequent to contract award, the Contractor will be provided with a letter identifying GTR and setting forth their duties and authorities. The GTR is not authorized to change any of the terms and conditions of the contract or any delivery order.

25. Spill Response. The Contractor is responsible to report and promptly clean up all spills caused by the Contractor in a manner consistent with current environmental regulations. In the event that it is necessary to utilize Government material, equipment, or personnel to clean up a Contractor caused spill, the Contractor shall be required to reimburse the Government for all associated costs.

26. Audit. This contract may be subject to audit by any and all cognizant Government agencies.

The Contractor shall make available all records, which it maintains with respect to this contract, to such agencies.

27. Freedom of Information Act (FOIA). All official Government records affected by this contract are subject to the provisions of the FOIA (5 U.S.C. 552/DoD 5400.7-R/AF

Supplement). Any request received by the Contractor for access/release of information from these records to the public (including Government/Contractor employees acting as private citizens), whether oral or in writing, shall be immediately brought to the attention of the CO for forwarding to the Base FOIA Manager to ensure proper processing and compliance with the Act.

28. For Official Use Only (FOUO). The Contractor shall comply with DoD 5400-7-R, Chapter 4, DoD Freedom of Information Act (FOIA) Program requirements. This regulation sets policy and procedures for the disclosure of records to the public and for marking, handling, transmitting, and safeguarding FOUO material.

29. Notification of Debarment/Suspension Status. The Contractor shall provide immediate notice to the Contracting Officer in the event of being suspended, debarred or declared ineligible by any other Federal Department or agency, or upon receipt of a notice of proposed debarment from another DOD Agency, during the performance of this contract.

30. Subcontracting. The Contractor shall ensure that any subcontractor providing services on behalf of the Contractor has been approved by the Contracting Officer prior to any such performance. The subcontractor shall not be suspended or otherwise prohibited from doing business with the Government.

31. Small Business Subcontracting Program (Small Business Utilization). When subcontracting opportunities exist, any Contractor receiving a contract award valued for more than the simplified acquisition threshold, shall submit a subcontracting plan for small business, small disadvantaged businesses, HUBZones, women-owned small businesses, service disabled veteran owned small businesses, veteran-owned small businesses, Historically Black Colleges and Universities and Minority Institutions, and Alaska Native Corporations and Indian

Tribes. (A subcontracting plan is not required if there are no subcontracting opportunities, for contracts awarded to a small business, for personal services contracts or contracts performed entirely outside the US and outlying areas.) The plan shall contain goals for each of the categories, as well as 10 other elements identified (11 total) in FAR 19.704 and FAR Clause

52.219-9. This rating element assesses the contractor's performance in meeting the requirements of the plan and achievements against his negotiated goals. The contractor may use one of three types of plans: Subcontracting plan, commercial plan (for commercial items), and the DoD comprehensive (test) plan. (See FAR 19.704, 52.219-9 for additional guidance.)

An Individual Subcontracting Report (ISR) shall be submitted semi-annually during contract performance for the periods ending March 31 and September 30. Reports are due 30 days after the close of each reporting period, unless otherwise directed by the Contracting Officer.

A report is also required for each contract within 30 days of contract completion. Summary

Subcontract Reports (SSR), including those submitted for comprehensive subcontracting plans under the DoD Small Business Subcontracting Plan (Test Program), shall be submitted semi-annually for the six months ending March 31 and the twelve months ending September

30. Reports are due 30 days after the close of each reporting period. For commercial plans, a

Summary Subcontract Report (SSR) is due 30 days after the end of the Government's fiscal year. For the CPARS rating, the Government will use the most recent ISR and/or SSR that the Contractor submitted and will not delay the evaluation if the rating period is different than the subcontracting reporting period.

32. Official Correspondence. The Government singularly identifies each project with a contract number at time of award. The contract number is a unique identifier to purposely and permanently represent an awarded contract. The Government issued contract number is to be referenced on all official communication starting upon notice of award.

33. Past Performance Information (PPI) / Contractor Performance Assessment Report (CPARS).

The Government will formally assess and report on the Contractor’s performance annually.

CPARS assesses a contractor’s performance, both positive and negative, and provides a record on a given contract during a specified period of time. The Contractor will be provided a copy of their annual assessment at the end of each performance period. The Contractor shall have 60 days to review and submit comments for the evaluation activity’s consideration before the assessment is made final. Past Performance assessment reports will be protected by all parties and treated by Government personnel as “For Official Use Only/Source

Selection Information in accordance with FAR 2.101 and 3.104”.

34. Post Award Conference. The Contractor agrees to attend any post award conference convened by the Contracting Officer IAW FAR Part 42.5. These meetings shall be at no additional cost to the Government.

35. Privacy Act. Work on this contract may require that personnel have access to information protected by the Privacy Act. Contractor personnel shall adhere to the Privacy Act, Title 5 of the U.S. Code, Section 552a and applicable agency rules and regulations when handling such information.

36. Safety Concerns. The Contractor is solely responsible for compliance with OSHA standards for the protection of their employees. The contract manager shall ensure specific safety requirements in OSHA standards and AFOSH standards are complied with by Contractor personnel.

Appendix 1

Definitions:

Contract Administrator (CA). The individual within the contracting office who performs the day-to-day administration of the contract. The contract administrator may also be the contracting officer.

Contracting Officer (CO). The duly appointed Government agent authorized to award or administer contracts. The contracting officer is the only person authorized to contractually obligate the Government.

Corrective Action Report (CAR). Used to document unacceptable performance by the

Contractor.

Government Technical Representative (GTR). Individual who monitors a Contractor on a regular basis and who is involved in every aspect of a contract to ensure the Contractor is in compliance with that contract.

Acronyms:

CM Contract Manager

CO Contracting Officer

GTR Government Technical Representative

IAW In Accordance With