FSHBusSvcs_PWS.doc

Request for Proposal No. FA3047-16-R-0007

PERFORMANCE WORK STATEMENT (PWS)

FOR

JOINT BASE SAN ANTONIO FORT SAM HOUSTON BUS SERVICE

Part 1

General Information

1. General. This is a non-personal services contract to provide bus operations and dispatch services for Joint Base San Antonio (JBSA) – Fort Sam Houston (FSH), Texas. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Contractor employees 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 bus operations and dispatch services for Joint Base San Antonio (JBSA) – Fort Sam Houston (FSH) as defined in this Performance Work Statement (PWS), appendices and Government provided schedules, except for those items specified as Government furnished property and services. The contractor shall perform to the standards in this contract. The contractor shall be paid for service provided in accordance with (IAW) the Schedule.

1.2. Background. The Government currently owns buses with limited internal means of providing the bus operation services for its transient population as well as contingency support and requires contract support for the operation of the Government owned fleet. The buses may range in size from 16 to 44 passenger capacity, to include wheel chair accessible vehicles.

Bus trips may run concurrently.

1.3. Objectives. The contractor, as described in the contract terms, shall perform dispatch services, bus operations and reporting on performance of stated services within the allowable thresholds for success.

1.4. Scope.

1.4.1. The contractor shall maintain adequate staffing to provide undisrupted service in the operation of up to 20 Government owned/leased buses or passenger vans, Monday through Friday except for Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. Bus operators shall be licensed in Texas with a minimum Class B commercial driver’s license (CDL) with a passenger (P) endorsement. The contractor shall dispatch and operate buses within the local FSH area, not to exceed (NTE) 100 one-way miles from FSH Dispatch. The contractor is expected to utilize the shortest routes possible during all trips unless a deviation must be taken due to traffic/road closures at which point the contractor shall document the reason on the completed Weekly Trip Schedule (WTS) for review by the Contracting Officer Representative (COR).

1.4.2. Mission-Essential Contractor Services.

1.4.2.1. In Accordance with DFARS 252.237-7023, performance of transportation services during crisis declared by the National Command Authority or Overseas Combatant Commander: Services under this contract have been determined to be essential for performance during crisis. The contractor shall provide transportation during military exercises, emergencies, natural disasters and other contingency operations. The 502 CONS Contracting Officer shall advise the contractor verbally of the required level of effort and follow-up with a written change to the contract, if required. The contractor shall use the priorities established by the 502 CONS Contracting Officer when a crisis is declared. If the contractor cannot accomplish the workload due to requirements beyond contractor capabilities, the Government, at its option, may augment surge transportation requirements when the Government perceives mission endangerment or failure.

1.4.2.2. The contractor shall submit, with its offer, a written Continuation of Essential Contractor Services Plan describing how it will continue to perform the essential contractor services identified in Attachment 6. The plan, at a minimum, shall contain the following information:

1.4.2.2.1. Challenges associated with maintaining essential contractor services during an extended event, such as a pandemic that occurs in repeated waves;

1.4.2.2.2. The time lapse associated with the initiation of the acquisition of essential personnel and resources and their actual availability on site;

1.4.2.2.3. The components, processes, and requirements for the identification, training, and preparedness of personnel who are capable of relocating to alternate facilities or performing work from home;

1.4.2.2.4. Any established alert and notification procedures for mobilizing identified “essential contractor service” personnel; and

1.4.2.2.5. The approach for communicating expectations to contractor employees regarding their roles and responsibilities during a crisis.

1.4.3. Weekly Trip Schedule (WTS) and the Shuttle Bus Schedule (SBS). The 502 LRS/COR office shall provide the contractor a WTS and SBS, which starts on Mondays each week and ends on Friday each week, on or before 1600 hours (4PM CST) each Thursday to cover workload for the following week. The contractor shall use the schedules to meet transportation workload requirements at JBSA-FSH. The contractor shall provide bus operators to support services listed on the WTS and SBS.

1.4.4. Add-Ons/Changes to scheduled Bus Service. Add-on bus service and changes to the WTS/SBS are requirements added to the WTS/SBS after the weekly schedule has been provided to the contractor. The contractor should expect these changes due to mission changes, weather, and other unforeseen circumstances. The contractor shall support these add-on/changed bus requirements within 60 minutes after notification by the 502 LRS/COR Office/LRS Dispatch. Primary and Alternate point of contact (POC) should expect to occasionally receive calls after duty hours to affect changes/add-ons to the next duty day’s schedule that will occur prior to 0900 hours (9AM CST).

1.5. Period of Performance. The period of performance (PoP) shall be for one 12-month Base Period and four 12-month option periods. The PoP will begin upon contract award.

1.6. Quality Control. The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which the contractor assures that the work complies with the requirement of the contract.

1.6.1. The contractor shall provide and maintain a Quality Control Plan (QCP) which documents the contractor’s quality control program and ensures the requirements in this PWS are met. As a minimum, the contractor shall develop a QCP that address the areas identified in the Performance Requirement Summary to include how the Performance Objectives (POs) will be met due to requirement surges, road construction, heavy traffic, and inclement weather or other unforeseen circumstances. The QCP shall be included in the technical proposal for evaluation and acceptance, though the QCP is a living document and may change during contract performance to improve performance. After acceptance of the quality control plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his Quality Control (QC) system.

1.7. Quality Assurance. The Government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). 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 minimum acceptable defect rate(s).

1.7.1. Customer Complaints. Method of surveillance for multiple requirements as identified in the performance work statement. CORs will investigate all complaints received from customers relating directly to this Performance Objective obtaining information from the customer, witnesses (if applicable) and the contractor. The contractor will be afforded the opportunity to provide input concerning any customer complaint. The contractor will have three business days after notification of the receipt of the complaint to provide a written response for consideration by the Functional Area Commander (FAC) who will make the determination whether the complaint is validated. The COR will document all validated customer complaints and a copy will be forwarded to the Contracting Officer (CO) to be filed with the contract.

1.7.2. Random Sampling. Method of surveillance for multiple requirements as identified in the Performance Requirements Summary. Monthly, the FAC will direct the amount of random sample inspections to be conducted each week. Each Friday, after the SBS has been sent to the Contractor, the COR will utilize an Excel automated random sample generating tool to randomly sort the SBS and select the required quantity of inspections from the randomized SBS (for 15 inspections, the first 15 routes will be used of the randomized results). The FAC will have the option to limit the random inspection times based on availability of the CORs (during weeks a COR is available for second shift hours, those hours will be included). However, if the COR is only scheduled to be on-duty from 0700 – 1600 hours on a week, the trips/stops outside those hours will not be included in the list to be randomized). Once the date and time are randomly provided, the COR will select one specific stop during that date/time to inspect and not repeat a stop unless all stops have been inspected (normally the number of inspections would not exceed the number of stops in a week of service). A copy of the selected date/time/stops to be inspected will be sent to the other CORs and the FAC prior to the start of the SBS. If a randomly selected trip is changed after the schedule is published, the changed run will still be inspected using the new date/time. If a randomly selected trip is cancelled, that inspection will be cancelled with no need to accomplish a make-up inspection. If a COR for any reason is unable to complete a scheduled inspection, an annotation will be made on the Attachment in the comment section indicating why the inspection was missed.

1.7.3. 100% Inspection. Method of surveillance for measuring accurate and timely data reports as required by the PWS.

1.8. Recognized Holidays. The following holidays are observed by JBSA, Fort Sam Houston:

New Year's Day, 1 January

President’s Day, 3rd Monday in February

Martin Luther King Day, 3rd Monday in January

Memorial Day, last Monday in May

Independence Day, 4 July

Labor Day, 1st Monday in September

Columbus Day, 2nd Monday in October

Veteran’s Day, 11 November

Thanksgiving Day, 4th Thursday in November

Christmas Day, 25 December

NOTE: If the holiday falls on a Saturday, it is typically observed on the Friday prior. If the holiday falls on Sunday, the following Monday will be observed.

1.9. Hours of Operation. The contractor is responsible for conducting business, to include onsite dispatch services, between the hours of 0300 – 2000 (3AM – 8PM CST) Mondays (if Monday is an observed holiday, Tuesday workday begins at 0300 (3AM CST)) and 0430 – 2000 (4:30AM – 8PM CST) Tuesday – Friday (see table below)(Updated on Amendment 2, 2 Feb 2016), except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

(Updated on Amendment 2, 2 Feb 2016)

For other than firm fixed price contracts, the contractor will not be reimbursed when the Government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential to meet the required hours of operation. The dispatcher may, on occasion (occurrence expected not to exceed (NTE) three times per month), be required to remain past normal hours (up to 60 minutes) if unavoidable incidents (road closures, traffic, weather) cause dispatched buses to return after 2000 hours (8PM CST).

1.10. Place of Performance. The work to be performed under this contract will be performed at JBSA- FSH area, NTE 100 one-way miles from FSH Dispatch.

1.11. Type of Contract.

1.11.1. The Government will award a single, Fixed Price, Requirements type contract with Task Orders.

1.11.1.1. The Government may issue Task Orders on a monthly, quarterly or annual basis. Orders may be issued for other-than-identified rates of frequency upon agreement between the contractor and Government, and only after authorization by the Contracting Officer.

1.11.2. Under a Fixed Price contract, overtime is not authorized, separately priced or reimbursed under this contract. Whether or not a contractor is responsible for paying overtime premiums to its employees under applicable labor laws, is a matter between the contractor and its employees.

1.11.3. Contract Line Items (CLINS) are a mix of mileage-based and hourly CLINS. See Schedule of Supplies and Services.

1.12. Security Requirements. Contractor personnel performing work under this contract must have a National Agency Check Inquiries (NACI), within 14 days of employment by the contractor for work under this contract and must maintain the level of security required for the life of the contract.

1.12.1. Obtaining a NACI. Each contractor employee shall possess or obtain a NACI IAW Air Force Instruction (AFI) 31-501, Personnel Security Program Management, Chapter 3, Security Clearance at no cost to the contractor. Upon submission of the information required at PWS paragraph 1.19.1.1., contractor personnel may be granted base access for immediate performance of work; this process is separate from NACI requirements below. Each contract employee shall complete and submit a Standard Form 85P (SF 85P), Electronic Personnel Security Questionnaire (EPSQ), OF 306, be finger printed and complete AF Form 2583 with the 502 LRS/Unit Security Manager to obtain a NACI within 14 days of employment by the contractor for work under this contract. The Government will conduct the background investigations for required clearances. Contract POC/Alternate and those required to perform dispatch duties will require Common Access Credentials (CAC) card issuance. Contractor personnel may be denied access to JBSA installations if negative information is present in the background investigation. Upon completion of performance, termination of the contract, or termination of personnel, the contractor shall return all Government issued access cards, base passes, and/or other similar documents to the appropriate issuing office, 502 LRS/COR office , or the contractor Primary/Alternate POC within 24 hours. Any access cards, passes or other documentation turned into the contractor’s Primary/Alternate POC shall be presented to the 502 LRS/COR office no later than 24 hours of receipt.

1.13. Physical Security. The contractor shall be responsible for safeguarding 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.

1.13.1. Installation Access. Some locations within JBSA have limited access with controlled gate entry and exits. Unscheduled gate closures may occur at any time, which may cause contractor personnel to experience delays while attempting to enter or exit the installation. If the contractor is denied entry to the base due to enhanced security, contractor personnel should immediately contact your base sponsor (502 LRS/COR office or the 502 CONS Contract Administrator office). Privately owned vehicles are subject to search while on the Government installation. The award of this contract, in itself, does not create a right to have access to any military installation. Any violation of an installation regulation, state or federal statute may result in the termination of privilege to enter any or all JBSA installation(s) and/or to perform transportation services under the contract.

1.13.2. Installation In/Out Processing. All contractor personnel performing services under this contract shall be required to in-process and out-process through the 502d Security Forces Squadron Visitor Control Center to receive or return base passes.

1.13.3. Anti-Terrorism. The contractor shall follow the direction of the Random Anti-Terrorism (AT) Measures (RAM) checklist provided by 502 LRS Dispatch office. During exercises the contractor shall continue to perform services unless otherwise directed by the CO, COR or Government dispatch office. The contractor shall ensure all contract employees complete AT Level I awareness training which can be obtained from http://jko.jten.mil/courses/atl1/launch.html. If contractor personnel do not have computer access to complete the training electronically, it can be obtained by the COR in presentation form and completion shall be documented via memorandum signed by the Primary or Alternate POC. Once completed, the Primary/Alternate POC shall submit a copy to the contracting office within 30 days of contract performance start date and maintain a copy of certificates on site for review by the Government upon request. The contractor shall create alternate routes (on/off installation) and be prepared to implement these routes during Anti-Terrorism measures and upon notification by the Government dispatch office or the 502 LRS/COR office. As directed by the 502 LRS/COR or the 502 CONS Contracting Officer, the Government may require the contractor to perform additional passenger verification protocols in reaction to local force protection measures.

1.14. Key Control. The contractor shall be responsible for safeguarding all Government property. At the end of each work period all Government facilities, equipment and materials issued to the contractor shall be secured. The Contractor shall establish and implement methods of making sure all keys/key cards (to include vehicle keys) issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The contractor shall immediately report the occurrence of lost keys to the 502 LRS/COR office and shall not duplicate any key without obtaining pre-approval from the 502 LRS/COR office.

1.14.1. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the 502 LRS/COR, re-key or replace the affected lock or locks at no cost to the Government; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be paid by the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost shall be paid by the Contractor. After considering the facts and circumstances of the loss and system replacement, the CO will arrive at an assessment of financial liability based on the cost of the replacement keys and the established Government Civil Engineering labor rate for the repair/replacement.

1.14.2. The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer.

1.14.3.

Lock Combinations. The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Contractor’s Quality Control Plan.

1.15. Special Qualifications. Commercial Driver’s License (CDL). All contractor operators shall be legal residents of the United States, be able to communicate in English, and maintain valid Texas Commercial Driver’s Licenses (CDL) with appropriate Passenger Bus Endorsements. The contractor shall certify, at the contractor’s expense, that each operator is licensed and qualified to operate a bus up to 44 passengers, has completed/passed initial and subsequent random drug and alcohol testing and is medically certified and physically qualified to operate a commercial motor passenger vehicle IAW applicable Texas Department of Transportation (TxDoT) and Texas Department of Public Safety regulations, as well as 49 C.F.R. Part 382 for commercial vehicle operations. A copy of this documentation and all updated documentation as required by regulation shall be maintained on site at the contractor dispatch office for review by the 502 LRS/COR office within 24 hours of request. Additionally, each operator must be in physical possession of their CDL and medical examiner's certificate while operating a Government owned/leased bus. Note that although contractor work is in support of government work, the contractor and their employees are not exempted from medical exams, drug and alcohol testing.

1.15.1. Certification to Drive Government Furnished Vehicles (GFVs). The contractor shall document, in writing, that all operators are physically qualified and properly licensed to operate buses. The contractor shall provide 502 CONS a memorandum with each drivers' name and qualifications signed by the Contractor's authorized representative, before any contract personnel engages in any mode of Government vehicle operation IAW Air Force Instruction (AFI) 24-301 Vehicle Operations, Paragraph 8.10., Licensing Contractor Personnel. This memorandum will be updated prior to each option period of the contract or as changes occur and will be maintained by 502 CONS and 502 LRS/Operators Records and Licensing.

1.16. Post Award Conference/Periodic Progress Meetings.

1.16.1. The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Government intends to schedule the initial post-award conference within 30 days after contract start date. This may be in the form of face-to-face, teleconference, video-teleconference or a combination thereof as agreed to by the Government and the contractor.

1.16.2. The contracting officer, 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.

1.16.3. The contractor may request a meeting with the CO when it believes a meeting is necessary. Requests should be made, in writing, to the CO via email or hard copy letter.

1.16.4. A meeting shall be held with the contractor, CO and COR within 10 days of the contractor receiving a monthly rating of “Marginal” or lower on the COR Monthly Surveillance Report.

1.16.5. Written minutes of all meeting discussions shall be recorded and signed by the contractor and the CO/CA. If the contractor does not concur with any portion of the minutes, such non-concurrence shall be provided in writing to the CO/CA within 5 calendar days following receipt of the minutes.

1.17. Contracting Officer Representative (COR). The Government will designate a COR to monitor this contract. The COR will be identified by separate delegation letters. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is generally 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 transportation schedules/requirements: monitor Contractor's performance and notifies both the Contracting Officer and contractor of any deficiencies; coordinate availability of Government property, and provide site entry of contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the contractor, 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 basic contract or resulting orders against the basic contract.

1.18. Key Personnel. The following personnel are considered key personnel by the Government:

1.18.1. A primary on-site POC and alternate POC(s) shall be designated in writing and provided to the contracting officer. The alternate shall act on behalf of the contractor in the absence of the primary. A listing of the primary and alternate POC(s) shall be provided to the 502 LRS/COR office at least 2 duty days prior to the start of the contract and within 2 days of any changes that may occur.

1.18.2. The contractor shall identify a primary, on-site POC who shall be responsible for contractor employee performance under this contract. The identified POC shall have the contractor’s authority to supervise contractor employees, coordinate operator schedules to ensure operators are available to meet requirements listed in the WTS, SBS, and add-on requirements/changes (within 60 minutes of notification of the change/add-on).

1.18.3. The primary POC or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The primary/alternate POC shall be available between 0700 – 1600 (7AM – 4PM CST), Monday thru Friday except Federal holidays or when the Government facility is closed for administrative reasons. The Government may contact the contractor POC occasionally, after duty hours or on weekends if changes need to be made to the schedule for requirements occurring at or prior to 0900 (9AM CST) hours the following day. Qualifications for all key personnel are listed below:

1.18.3.1. Proficient in customary office automated systems to include Microsoft Office Word, Excel, Outlook, SharePoint and other data processing equipment and software as required by the contract.

1.19. Contractor Employees.

1.19.1. Identification of Contractor Employees. All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.19.1.1. Contractor Personnel List. The contractor shall record, maintain, update, and provide a complete and comprehensive master listing of all contractor personnel used in the performance of the work and requiring access to JBSA installations at least 2 duty days prior to the start of the contract. The contractor personnel list shall be updated annually, no less than 10 days prior to the expiration of the contract period and/or as changes occur. The contractor’s personnel list, at a minimum, shall contain the following information:

· The effective date(s) of the listing

· Personnel’s name (first, middle initial and last)

· Date of birth

· Driver’s License Number and expiration date

· Contract Expiration Date (current performance period)

1.19.2. Contractor Employee Appearance. Contractor personnel shall present a neat and groomed appearance, and be easily recognized as contractor personnel. The contractor shall provide each employee an identification badge which shall include, at a minimum, employee name and contractor identification. Each employee shall wear the badge on the outer clothing on the front of the body between the neck and waist so that the badge is visible. Closed toe shoes shall be worn while operating buses. Unacceptable attire includes, but may not be limited to halter tops, halter dresses, tank-tops, and sandals/open-toe footwear. Shorts may be worn no shorter than 1” above the knee and must be solid in color.

1.19.3. Contractor Employee Conduct.

1.19.3.1. The contractor is fully responsible for the behavior and conduct of its employees during contract performance. The contractor shall ensure that its personnel conduct themselves in a professional manner while on the installation and refrain from disruptive, offensive or otherwise improper behavior that undermines order and discipline. The Government reserves the right to restrict any individual from performance who is identified as a potential threat to the health, safety, security, general well-being, or operational mission of JBSA and its population.

1.19.3.1.1. The contractor shall not respond to any media inquiries nor provide interviews, comments, or any other responses to the media pertaining to this contract. All inquiries from the media or other sources shall be immediately referred to the 502 LRS/COR office.

1.19.3.1.2. The contractor shall not use cellular phones while operating the bus at any time unless it is a hands-free device and necessary in the performance of transportation services (non-personal). Contractor personnel shall use tobacco products (cigarettes/cigars/pipes, chewing tobacco, e-cigarettes/vapor devices) in designated areas only and at a minimum be at least 20 feet from any Government bus.

1.19.3.1.3. The contractor shall not use Government property, equipment or facilities for personal or other business not related to this contract.

1.19.3.2. Contractor Employee Removal.

1.19.3.2.1. Immediate Removal. The Government, through the 502 CONS Contracting Officer, reserves the right to require immediate removal from contract performance on the installation or any Government facility, any individual whose actions raise reasonable suspicion that services may be compromised in any way, or that pose a threat of harm to other contractor/Government personnel or self. If such an incident occurs, the contractor will be notified as soon as the situation can be resolved, but not later than 24 hours after the incident.

1.19.3.2.2. Contractor employee removal under other circumstances will be subsequent to, and at the direction of the 502 CONS Contracting Officer only; after thorough written documentation has been provided to the CO for review, by the complainant. If a situation meriting removal occurs, the contractor shall contact the 502 CONS Contracting Officer and the 502 LRS/COR office within 24 hours. A meeting may be required with the 502 CONS Contracting Officer, 502 LRS/COR’s and contractor to discuss further action if a determination cannot be made by the written statements/evidence provided to the CO. In the event of a disagreement between the Government and the contractor, the Government reserves the right to direct the contractor to remove the employee with which the issue is being investigated. The Government and the contractor may then elect use of Alternative Dispute Resolution (ADR) IAW FAR 33.214 and 52.212-4(d) if the parties cannot come to an agreeable solution by other means. During the period of time between the removal and the 502 CONS Contracting Officer final decision or ADR proceedings, the contractor shall continue to meet the terms of this contract.

1.20. Health Requirements and Immunizations. Contract personnel’s shall receive the current influenza immunization, at contractor’s expense, equivalent to that provided to Active Duty personnel unless contraindicated by allergy; as an example, to eggs as evidenced by hives, difficulty breathing, itching, and other symptoms of anaphylactic hypersensitivity, this exemption requires a physician diagnosis. Proof of vaccination shall be maintained onsite at the contractor dispatch office for review by the 502 LRS/COR office upon request.

1.21. Data Rights. The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.22. Organizational Conflict of Interest (OCI). Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of information otherwise considered to be proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) which may create a current or subsequent OCI as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access may result in any actual or potential OCI and shall submit a plan within 48 hours to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.23. Employment of Military or DoD Civilian Personnel. The contractor shall not employ any person who is an employee of the United States Government (Active Duty Military or DoD Civilian) unless such person obtains approval IAW the Joint Ethics Regulation (JER) 5500.07-R. The contractor shall notify the 502 LRS/COR office of any employment candidate who is military or DoD civilian prior to finalizing the employment action to ensure the hiring does not present a conflict of interest with the employment candidates’ Governmental duties. If a military or DoD civilian is employed by the contractor, the contractor shall ensure such personnel’s workload is limited to ensure the first 40 hours of duty are dedicated to their Government position and their total daily and weekly hours do not exceed TxDoT guidelines for motor vehicle operators.

1.24. Transition Periods. During periods of contract transition, whereby a new contractor is replacing the incumbent for performance of services, phase-in of the new contractor and phase-out of the incumbent will occur.

1.24.1. Phase-In. The Contractor shall begin full performance on commencement of the performance period. However, it is understood by the Government that there may be a transition period occurring the first 30 days of the contract period of performance during which the new contractor may not be in full compliance with certain administrative aspects of the PWS, such as uniform badges, security clearances, and On-Line Vehicle Integrated Management System (OLVIMS) data input due to CAC card application processing times.

1.24.2. Phase-Out. The incumbent contractor shall, upon the Contracting Officer’s written notice, furnish phase out services for up to 30 days prior to the current contract expiration and negotiate, in good faith, a plan with a successor to determine the nature and extent of the phase out services required. The contractor shall disclose necessary personnel records and allow the successor to conduct on-site interviews with these employees. If selected, and employees are agreeable to the change, the contractor shall release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor. Phase out premiums are not reimbursed by the Government under the terms of the contract as it is included within the prices proposed.

PART 2

DEFINITIONS & ACRONYMS

2. Definitions and Acronyms.

2.1. Definitions.

ACCIDENTS. Accidents are defined as those occasions when the bus leaves the roadway, collides with another object or is hit by another object and includes damage caused to the bus that was unreported by the operator. An accident must be reported immediately to the 502 LRS/COR office or Government dispatcher if outside of normal operating hours.

ADD ON/CHANGES IN BUS SERVICE. Bus service requirements added-on, or changed by the Government dispatcher/COR after the weekly schedule was published. Government allows up to 60 minutes for the contractor to respond to add-on/change requirements.

Cancellation Bus Service (CX). Bus service requirements that were annotated on the weekly schedule but cancelled before the contractor operator departed the compound or 10 minutes prior to the run. The symbol CX shall be used on the return trip ticket to indicate cancellations.

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. The primary COR will also serve as the Property Administrator as required by FAR 52.245-1(a).

CUSTOMER COMPLAINT. Complaint received from a customer, normally via e-mail or via ICE to the COR. As noted below, a survey could be transferred to a customer complaint if all required information is included and the concern relates to contractor performance.

CUSTOMER SURVEY. A short customer satisfaction/comment form available on each bus for use by customers to document service received. A survey will not be used to validate a customer complaint unless all information necessary (i.e., date, time, route, issue, and customer name) is included.

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.

Incidents. Incidents are defined as those occasions, while passengers are on board, when something happens that places the personal safety of the occupants of the bus in, or potentially in, jeopardy i.e., physical injuries, damage to the bus or threats to individual safety as a result of a weapon or item(s) designed to look like weapon(s), or a health related emergency requiring professional medical attention (e.g., epileptic seizure).

KEY PERSONNEL. Those persons identified by the Contractor having the authority to make decisions and sign documents on behalf of the Contractor.

No Show Bus Service (NS). Bus service requirements that were annotated on the weekly schedule but when the bus showed up, passengers did not show within 15 minutes. The symbol NS shall be used on the return trip tickets to indicate no-shows.

PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

QUALITY ASSURANCE. The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

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

RUN. The terms “run” and “trip” are used interchangeably throughout all documents.

SCHEDULED TRIPS. Trips that are listed on the WTS when published.

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

TRIP. The movement of a bus from the point of dispatch until return to dispatch or at the mileage/time it is diverted to begin another run. Mileage based trip may include up to four pick-up/drop off locations. For example: mileage from dispatch to first pick-up point is 1 mile, pick-up to the destination is 8 miles and return to dispatch is 8 miles the total trip is 17 miles total and would fall under 15.1 – 35 mile CLIN. Alternatively, a scheduled 25 mile trip that would fall into same CLIN, may be changed to the 0 – 15 mile CLIN if the operator is diverted to begin another run prior to completing more than 15 miles). The terms “run” and “trip” are used interchangeably throughout all documents.

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.

ADR

Alternative Dispute Resolution

AF

Air Force

AFI

Air Force Instruction

AFMAN

Air Force Manual

CE

Civil Engineering

CFR

Code of Federal Regulations

CO

Contracting Officer

COR

Contracting Officer Representative

DFARS

Defense Federal Acquisition Regulation Supplement

DoD

Department of Defense

FAR

Federal Acquisition Regulation

GFV

Government Furnished Vehicles

IAW

In Accordance With

OCI

Organizational Conflict of Interest

OLVIMS

On-Line Vehicle Interactive Management System

POC

Point of Contact

PWS

Performance Work Statement

QA

Quality Assurance

QASP

Quality Assurance Surveillance Plan

QC

Quality Control

QCP

Quality Control Program

SBS

Shuttle Bus Schedule

TE

Technical Exhibit

TxDoT

Texas Department of Transportation

WTS

Weekly Trip Schedule

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES.

The contractor and the 502 LRS/COR office will complete an annual joint inventory of all Government furnished facilities, property, equipment and materials, to include keys, at the anniversary of each year of performance or at contract completion or termination. A final physical inventory shall be performed upon contract completion or termination.

3.1. Services.

3.1.1. Custodial. Bldg. 4055 is currently under a Government paid janitorial contract. The contractor shall ensure janitorial personnel are able to access the facility IAW the cleaning schedule provided to the contractor by the 502 LRS/COR office.

3.1.2. Refuse. The Government will provide trash pick-up and disposal service for building 4055 on a schedule established by the Government.

3.2. Facilities. The Government shall provide Bldg. 4055, Room B-25 (Appendix E, Government Furnished Facilities).

3.2.1. Facilities have been inspected for compliance with the Occupational Safety and Health Act (OSHA). No hazards have been identified. The Government will correct OSHA hazards IAW Government developed and approved plans of abatement taking into account safety and health priorities. A higher priority for correction will not be assigned to the facilities provided hereunder merely because of this contracting initiative. Compliance with the OSHA and other applicable laws and regulations for the protection of personnel is exclusively the obligation of the contractor.

3.2.2. The Government shall not assume liability or responsibility for contractor compliance or noncompliance with such responsibilities, with the exception of the aforementioned responsibility to make corrections IAW approved plans of abatement subject to base wide priorities. Within five business days of occupying the Government facility, the contractor and COR will conduct a walkthrough of the facility and document in writing its condition. Prior to any modification of the facilities performed by the contractor, the contractor must request approval from the 502 LRS/COR office by providing documentation describing the proposed modification in detail. No alterations to the facilities shall be made without specific written permission from 502 CES/CE; however, in the case of alterations necessary for OSHA compliance, such permission shall not be unreasonably withheld. The contractor shall return the facilities to the Government in the same condition as received with the exception of normal wear and tear and approved modifications. Thirty days prior to the contractor vacating the facility, the contractor and COR will conduct a walkthrough of the facility and document in writing its condition.

3.2.3. In the event the contractor needs to be relocated for making necessary building repairs, the Government will provide alternate work location for the contractor.

3.3. Utilities.

3.3.1. 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 use; utilization of lights strictly in areas when and where work is actually being performed; utilization of mechanically controlled equipment settings for air ventilation, heating, and air conditioning systems which shall not be adjusted by the contractor personnel unless authorized.

3.3.2. The Government will provide electric, sewage and water utilities for Bldg. 4055.

3.4. Equipment/Property.

3.4.1. Computers and Peripherals.

3.4.1.1. The Government will provide the contractor with one desktop computer system (CPU, monitor, and laser printer) and one lap top computer. The computers will be hand receipted to the primary POC who will be responsible to maintain control and accountability. Loss or damage to Government computer equipment shall be the responsibility of the contractor. Replacement of Government computer equipment must be coordinated through the 502d Communications Squadron (502 CS) to ensure compatibility. When the repairs/replacement are performed by the Government, the contractor will coordinate payment with the CO. After considering the facts and circumstances of the loss of/damage to government property, the CO will arrive at an assessment of financial liability based on the repair cost of the damaged property or on the value of the lost property listed on the Automatic Data Processing Equipment (ADPE) System, minus any applicable depreciation value. The depreciation value will be determined on the current published rates on of the Bureau of Economic Analysis website. Any monies collected must go to the United States Treasury department.

3.4.1.2. Use of Government computers on the Government network shall be in accordance with Public Law No. 100-235 and DoD Directive (DoDD) No.5200.28 Security Requirements for Automated Information Systems, Enclosure 3.

3.4.1.3. Contractor shall procure replacement toner cartridges for the printer as they are needed.

3.4.2. Communication. The Government will furnish Class A telephone service, phones, Local Area Network (LAN) line and access (for official business only) to the LAN via e-mail accounts to perform contract requirements.

3.4.3. Land Mobile Radios (LMRs). The Government will provide the contractor up to 20 LMRs to adequately facilitate communication between the dispatcher and operators during the performance of transportation services, see Attachment 2. The Government will determine whether LMRs will be installed in the buses or be hand-held, or a combination of the two. The contractor shall address the 502 LRS/COR office for all LMR repairs. LMRs will be hand receipted to the primary POC who will be responsible to maintain control and accountability of the radios until turned back into the Government dispatcher. Loss or damage to Government radio equipment shall be the responsibility of the contractor. Replacement of Government radio equipment must be coordinated through the 502 CS to ensure compatibility. When the repairs/replacement are performed by the Government, the contractor will coordinate payment with the CO.