1._PWS_Drop_Zone.docx

PERFORMANCE WORK STATEMENT

FOR

DROP ZONE GROUND MAINTENANCE SERVICES

Supporting

DYESS AFB, TEXAS

1 August 2018

Table of Contents

1.0 SECTION I: DESCRIPTION OF SERVICES

2.0 SECTION II: SERVICE SUMMARY

3.0 SECTION III: GENERAL INFORMATION

4.0 SECTION IV: MISCELLANEOUS

5.0 SECTION V: APPENDIX

SECTION I

1.0 DESCRIPTION OF SERVICES

1.1 General. This is a non-personnel services contract to provide drop zone maintenance services which will include mowing, maintaining a dirt roadway, and repairing barbed wire fencing as required. 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.

1.1.1 Description of Services/Objectives. The contractor shall provide all personnel, equipment, tools, supervision, and other items and services necessary to maintain drop zone grass height, provide grading and repair of drop zone roads and conduct fence inspection/minor repairs in accordance with this PWS. Drop zone is located in Runnels County Texas approximately 78 miles southwest of Dyess Air Force Base, Texas. All work performed by the contractor shall be performed in accordance with all applicable laws, regulations, standards, instructions and commercial practices. The contractor is responsible to provide all personnel or equipment needed to perform drop zone ground maintenance services as defined in this Performance Work Statement (PWS) except for those items specified as government furnished property and services. The contractor shall ensure performance meets the standards spelled out in the PWS. This includes the planning, coordination, and surveillance of the activities necessary to ensure disciplined work performance and timely resources application to accomplish all tasks under the contract specified in this PWS. The contractor shall be responsible for maintaining communication with the contracting officer (CO) and the contracting officer’s representative (COR), and to immediately notify both the CO and the COR of any problems that would prevent timely performance of this contract. The contractor is responsible for and required to implement, and maintain management control systems necessary to plan, organize, direct, and control all activities specified in this PWS.

1.2 Inherently Governmental Function. The contractor shall not perform inherently governmental functions as defined in FAR Subpart 7.5 in relationship to this PWS.

1.3 Period of Performance. This is a five year contract with one basic year and four option years.

1.4 Place of Performance. The contractor shall perform the services in the PWS at drop zone located in Runnels County approximately 78 miles southwest of Dyess Air Force Base, Texas. The current location of the drop zone is a leased property. The lease agreement for the use of the drop zone will end 30 November 2020. Therefore, the current location of the drop zone is subject to change after 30 November 2020. If the location changes the contractor shall provide their proposal for an equitable adjustment within 15 days after notification from the Contracting Officer. The equitable adjustment should cover pricing for additional acreage (priced per acre), grading of new roadways and fence repair. The Government does not anticipate any equitable adjustment for the contractor’s relocation.

1.5. Specific Tasks.

1.5.1 Mowing. Inspect and mow Drop Zone (approximately 159 acres) in order to maintain a grass height no less than 8 inches tall and no greater than 11 inches tall for the areas identified in attachment 1.

1.5.2 Road Maintenance. Grade and repair roads depicted on the attachment with existing road material. All roads will be free of ruts 4 inches deep or deeper and accessible at all times. Total length of roads is approximately 6 miles. Two miles inside the main drop zone and four miles that run outside the perimeter fence of the drop zone.

1.5.3 Perimeter fencing. Inspect and repair the barb wire fence and metal post as necessary along the drop zone boundary. The boundary fence must remain operational and have no broken areas. Several water gap areas will require additional attention as these contain breakaway fence wire in case of severe flooding.

1.5.4 The contractor will determine necessity of mowing the acreage, grading the roads, and repairing the fencing based on the specifications stated above. The exact dates and times that the contractor plans to work at the drop zone must be coordinated with 317 OSS/OSD Contracting Officer Representative (325-696-2744) to ensure the contractor is not at the drop zone during scheduled airdrop missions. The COR will make periodic checks to ensure the contractor is maintaining the drop zone within the specifications identified above. In the event that any of the Performance Work Statement requirements are not maintained the COR will contact the Contracting Officer to coordinate a start and completion date of requirements with contractor.

1.5.5 The government will not be responsible for damage to contractor equipment when airdrop equipment and/or components cannot be located and recovered. The contractor is encouraged to contact the COR to determine if there is any known unrecovered airdrop equipment/components prior to ground maintenance being performed at the drop zone.

1.5.6 Contractor personnel are not authorized to be within the immediate drop zone area during actual airdrops and recovery of airdrop equipment therefore; the drop zone will not be available for continuous service periods due to mission requirements. The contractor can expect occasional delays of up to three hours while airdrops are being conducted. The drop zone is normally used during the week for both day and night airdrop operations which typically consist of two three hour blocks for scheduled airdrops. Therefore, it is critical that the contractor schedule any maintenance to the drop zone in advance through the COR.

1.5.7 A designated area immediately inside the second gate of the drop zone can be used if the contractor wants to leave contractor owned equipment on site. A large government owned shed is located in the designated area that can also be utilized however, the Government is not responsible for any contractor-owned items used or left in or near the drop zone area at any time.

SECTION II

2.0 Service Summary (SS)

2.1 General. 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 but do not represent all contract performance requirements. All contract performance requirements in this PWS will be monitored.

2.2 Performance Evaluation. Performance of a service shall be evaluated to determine whether or not it meets the performance requirements of this contract. Re-performance of unacceptable services at no additional cost is the preferred course of action when appropriate. In the case of issued Corrective Action Reports (CARs), the Contracting Officer shall take appropriate measures according to inspection of services clause in the contract, i.e., FAR 52.246-4, 52.246-5, or 52.212-4(a).

SS

Performance Objective:

PWS

Paragraph:

Performance Threshold:

Inspection Method:

Quality

Grass Height between 8 to 11 inches

Inspect drop zone grass height periodically to ensure height does not exceed 11 Inches.

Inspect drop zone periodically to ensure all drop zone roads fully accessible.

Inspect boundary fence for damaged areas and contact contractor if requirement is not completed to set up a start and completion date.

2.3 Government Quality Assurance. The government shall inspect and evaluate the contractors’ performance to ensure services are received in accordance with requirements set forth in this contract. The COR will use the contractor’s work schedule, or modified version thereof, to record validation results. Results of the validation then becomes the official Air Force record of the contractor’s performance. Government surveillance of tasks not listed in the PWS or by methods other than those listed in the PWS (such as provided for by the Inspection of Services clause) may occur during the performance period of this contract. Such surveillance will be done according to standard inspection procedures or other contract provisions. Any action taken by the CO as a result of surveillance will be according to the terms of this contract.

2.3.1 The government will periodically evaluate the contractor’s performance in accordance with the Quality Assurance Surveillance Plan (QASP). The government may inspect each task as completed and increase the number of quality assurance inspections if deemed appropriate because of repeated failures discovered during surveillance inspections or because of repeated customer complaints. Likewise, the government may decrease the number of quality assurance inspections if performance dictates.

2.3.2 When an observation indicates defective performance, the COR will require the contract manager or representative at the site to initial the observation. The initialing of the observation does not necessarily constitute concurrence with the observation, only acknowledgment that he or she has been made aware of the defective performance. When a performance threshold has not been met or contractor performance has not been accomplished, the COR will initiate and provide the CO a CAR for issuance to the contactor. The contractor shall respond to the CAR IAW instructions provided and return it to the CO within 10 calendar days of receipt.

2.4 Performance Assessment.

2.4.1 Periodic Surveillance. This method requires the COR to employ a “spot check” style of evaluation based on the contractor’s services. Periodic surveillance will be conducted on a scheduled basis (daily, weekly, monthly, quarterly, semi-annual or annually) and may be adjusted, based on quality trends.

2.4.2 Customer Complaints. The COR will receive and investigate all complaints. The COR shall be responsible for validating customer complaints. The CO shall make final determination of the validity of customer complaint(s) in cases of disagreement with the COR and the contractor. Validated customer complaints shall be corrected within 2 hours of notification. CO will validate corrective action.

2.4.3 Review of Audits. COR reviews results of the contractor’s accepted quality management system audits and related quality metrics.

2.4.4 100 Percent Inspection. This method requires the COR to do 100 percent inspection on all task performed. Appropriate for tasks that occur infrequently. Usually only deals with Safety and/or Security, unless mandated by an Air Force Instruction (AFI) or industry standard.

2.5 Semi-Annual Progress Meetings. The Contract Administrator (CA), COR, other government personnel as appropriate, and the contractor shall meet quarterly to discuss the contractor’s performance.

The following issues, at a minimum, shall be discussed:

- Opportunities to improve the contract,

- Any modifications required of the contract,

- Unsatisfactory inspections,

- Valid customer complaints against each performance objective observed, and

- Steps taken by the contractor to prevent occurrences in the future.

The contractor shall provide a summation of unsatisfactory inspections and customer complaints and provide insight into any identified trends.

2.5.1 The minutes of these meetings will be reduced to writing, signed by the CO and any other signatures as deemed appropriate, distributed to the functional area and the contractor. Should the contractor not concur with the minutes, the contractor will provide a written notification within 5 working days to the CO identifying areas of non-concurrence for resolution.

2.6 Contracting Officer Representative (COR). CORs are representatives of the CO and will participate in the administration of this contract. After award of the contract, the contractor will be provided a letter identifying the COR and setting forth their duties and authorities. The COR is not authorized to change any of the terms and conditions of the contract/task order.

2.6.1 Multifunction Team (MFT). The contractor’s manager with the CO, Contract Administrator (CA), COR, and other government personnel shall meet on a regular basis. The MFT will establish how often meetings are needed based on contract complexity. The contractor may request a meeting with the CO when the contractor believes such a meeting is necessary. If the CO or CA deems necessary, written minutes of any such meetings shall be recorded by the CA in the contract file and signed by the PM and the CO or CA. If the contractor does not concur with any portion of the minutes, such nonoccurrence shall be provided in writing to the CO within 10 calendar days following receipt of the minutes.

2.6.2 Contractor’s Performance. The government assesses a contractor’s performance on an on-going basis, both positive and negative, and provides a record on a given contract during a specified period of time.

2.6.3 Past Performance Information (PPI). PPI can be provided to other government agencies, as requested.

2.6.4 Contractor Performance Assessment Report (CPARS). Depending on the estimated value of the contract, formal assessment and reporting of contractor performance is documented using the CPARS system. The contractor will be provided a copy of their assessment 365 days from contract award. 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”.

SECTION III

3.0 GENERAL INFORMATION

3.1 Labor Disruptions. The government reserves the right to take over performance of this contract in the event of a labor strike, bankruptcy, default or period of non-performance by the contractor’s employees. In such events, the services will be performed exclusively by government personnel and not a mix of government and non-striking contractor employees. At the direction of the CO, the contractor agrees to remove its non-striking work force from the performance site and not interfere in any way with government performance. The contractor further agrees, under such circumstances, to permit the government to use any essential contractor-furnished property. The government will not compensate the contractor for performance during this period.

3.2. Conservation of Utilities. The contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities.

3.3 Environmental Protection. The contractor shall comply with all applicable federal, state and local laws, regulations and standards that are or may become applicable to contractor’s activities in performance of this PWS.

3.4 Permits. The contractor shall be solely responsible for obtaining at its cost and expense any environmental permits required for its operations under the contract, independent of any existing permits held by the government. The contractor acknowledges that the government will not consent to being named a secondary discharger or co-permittee for any operations or activities of the contractor under the contract. In the event the government is named as a secondary discharger or co-permittee for any activity or operation of the contract, the government shall have the right to take reasonable actions necessary to prevent, suspend, or terminate such activity or operations, including terminating this contract, without liability or penalty.

3.5 Right to Inspect. The government’s rights under this contract specifically include the right for government officials to inspect upon reasonable notice the work site for compliance with environmental, safety and occupational health laws and regulations, whether or not governmental is responsible for enforcing them. Such inspections are without prejudice to the right of duly constituted enforcement officials to make sure inspections. The government normally will give the contractor 24 hours prior notice of its intention to inspect, unless it determines the entry is required for safety, environmental, operations or security purposes.

3.6 Non-compliance. If the contractor is found to not be in compliance with any of the OSHA regulations or the procedures required for safe access to the drop zone, there may be cause for contract performance to be stopped until the contractor, when within the contractor’s control or the government, has remedied the problem.

3.7 Spill Response. The contractor is responsible to report and promptly clean up all spills 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.

3.8 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.

3.9 Failure to Insist On Compliance. The failure of government to insist, in any one or more instances, upon performance of any of the terms, covenants or conditions of this contract shall not be construed as a waiver or relinquishment of government’s right to the future performance of any such terms, covenants or conditions and the contractor’s obligations in respect to such future performance shall continue in full force and effect.

3.10 Green Procurement Program (GPP). The GPP is mandatory federal acquisition program that focuses on the purchase and use of environmentally preferable products and services. Many different items are covered by the GPP. Recycled-content products are designated by the Environmental Protection Agency (EPA). “Bio-based” products made from renewable plant materials are designated by the United States Department of Agriculture (USDA). Energy and water efficient products are designated by the Department of Energy (DOE). GPP also requires the government to avoid purchasing Ozone Depleting Substances (ODS) and EPA-designated priority chemicals. Environmentally preferable purchasing (EPP) is a voluntary program, and it encourage the purchase of goods and services that have decreased effects on human health and the environment (compared to the competing goods and services that serve the same purpose), but are not already required by one of the mandatory GPP elements.

(1) Green Procurement is mandated except when the contractor can show that the product with recycled content does not meet intended specifications, has excessive costs, or cannot be delivered in time to support the schedule of the contract. If the contractor is unable to locate a specified product meeting the GPP requirement, identify the issue to the CO or GPM for guidance. GPP is based on legal requirements and the Department of Defense facilities are subject to enforcement action if these requirements are ignored.

(2) The contractor shall make maximum use of products containing recovered materials that are EPA-designated items IAW FAR Clause 52.223-17, Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts. The list of EPA-designated items is available at https://www.epa.gov/smm.comprehensive-procurement-guidelines-cpg-program.

SECTION IV

4.0 MISCELLANEOUS:

4.1 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.

4.1.1 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.

4.1.2 Notification of Debarment/Suspension Status. The contractor shall provide immediate notice to the CO 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.

4.1.3 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 project. The government issued contract number is to be referenced on all official communication starting upon notice of award.

4.1.4 Post Award Conference. The contractor agrees to attend any post award conference convened by the CO IAW FAR Part 42.5. These meetings shall be at no additional cost to the government.

4.1.5 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.

4.1.6 Records. All records created and received by the contractor in the performance of this contract shall be maintained and readily accessible. Records shall remain the property of the government.

4.1.7 Insurance. The contractor shall obtain the necessary insurance as required by FAR part 28.3. The minimum amounts of insurance will be maintained IAW FAR 28.307-2.

4.1.8 Subcontracting. If applicable, the contractor shall ensure that any subcontractor providing services on behalf of the contractor has been approved by the CO prior to any such performance. The subcontractor shall not have a negative performance history or be suspended or otherwise prohibited from doing business with the government.

4.1.9 Fire Prevention. The contractor shall take all necessary precautions to prevent fires in the units and contractor-furnished and government-furnished facilities while performing any work under this contract. In the event fires do occur, the contractor shall immediately notify the local Fire Department at 911 followed by notifying the CO and then h COR. The contractor shall brief and document its employees annual fire safety training and procedures in reporting fires.

(2) Any products that meet the criteria of “Hazardous Waste” must be bar coded and tracked until permanently removed from government property. Criteria for identifying hazardous waste are contained in Subpart C of 40 CFR Part 261. NOTE: Products containing chlorofluorocarbons (CFC’s) or ozone depleting substances shall not be allowed or approved for use.

(3) The contractor shall ensure that all contractor employees complete the local Air Force Hazardous Communication, HAZMart, and hazardous waste training. The contractor shall appoint a primary and alternate HAZMART and Hazardous Waste monitor. Monitors are responsible for training all contractor personnel regarding hazardous material containers maintained on base and complete MSDSs immediately upon receipt of new chemicals, products, or materials.

4.1.11 Section 508 Compliance. The contractor shall support the government in its compliance with Section 508 throughout the development and implementation of the work to be performed. Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d) requires that when federal agencies develop, procure, maintain, or use electronic information technology, federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who do not have disabilities, unless an undue burden would be imposed on the agency. Section 508 also requires that individuals with disabilities, who are members of the public seeking information or services from a Federal agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency.

4.2 Security

4.2.1 The contractor shall comply with all base security regulations and with actions dictated by force protection condition changes/measures. For real-world situations/exercises, changes to force protection conditions could impact contractor performance of work and can include denial of access to the installation to perform work.

4.2.4. The contractor shall report suspicious activity to the COR in a timely manner.

4.3. Contractor Access to Air Force Installations. In the event the contractor or contractor employees require access to Dyess AFB they must meet the COR visitors center at the main gate to be signed onto base.

4.4 Safety. It is the contractor's responsibility to ensure its employees and managers have a comprehensive understanding of and full compliance with OSHA requirements. Detailed information is available on the OSHA website at http://www.osha.gov. It is the contractor's sole responsibility for compliance with OSHA, Public Law 91-596. The contractor shall comply with all federal, state and local laws, and Air Force Instructions for the protection of their employees while working on an Air Force Installation or property. The protection of contractor employees is exclusively the obligation of the contractor. Contractor shall manage all work areas to ensure the safety of building occupants, base personnel, or visitors in or near the areas.

The contractor shall submit a Safety and Health Plan that describes the capabilities and processes to ensure compliance with safety and health requirements during the performance of the work described in the PWS. The contractor's plan shall include appropriate measures to ensure the contractor reacts promptly to investigate, correct and track alleged safety and health violations and/or uncontrolled hazards in contractor work areas. Contractor must ensure that personnel are properly trained on the equipment they are tasked to operate. The contractor shall develop site specific mishap reporting procedures which result in damage to government property or injury to Air Force personnel.

4.5. Safety Equipment. The contractor shall require the use of personal safety equipment for its employees in performance of this contract. Safety equipment includes shoes or boots, eyewear, respirators, and gloves.

4.6. Safety Threats. The government reserves the right to restrict the employment, under this contract, of any contractor employee, or prospective contractor employee who is identified as a potential threat to health, safety, security, general wellbeing, or the operational mission of the installation and its population. Contractor shall perform background checks, at contractor's expense, to ensure that said employee has not been convicted of any sexual crime or any crime against children.

4.7. Substance Abuse Testing. The consumption of alcoholic beverages or illegal drugs by contractor personnel, while on duty, is strictly forbidden. Contractor employees shall be subject to substance abuse testing as a result of a mishap investigation when an individual’s actions or inactions are suspected as factors in a mishap sequence. The CO or COR may identify the employees to be tested and the drugs and substances for which those employees must be tested. The service provider shall accomplish the specified testing using a certified (i.e., a certified lab that meets Department of Health and Human Services (DHHS)/ Substance Abuse and Mental Health Services Administration (SAMHSA) certification) medical substance abuse testing facility. Results of the test(s) shall be provided to the government solely for the purpose of completing an investigation. The contractor shall immediately remove any employee who is found to be under the influence of alcohol or drugs.

FA5000-09-R-0033

FA4661-18-Q-0082

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SECTION V

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.

Defect. Any non-conformance with requirements specified in the contract.

Defective Service. A service output that does not meet the standard of performance specified in the contract for that service.

Government Furnished Property (GFP). Facilities, equipment, tools, supplies, parts, or any other items furnished for the concessionaire's use by the Government.

Performance Assessment. A process that measures success towards achieving defined performance objectives or goals defined within the performance thresholds in the services summary or the process of assessing progress towards achieving the objectives/goals developed in a performance plan or partnering agreement.

Performance Management. The use of performance measurement information to effect positive change in organizational culture, systems, and processes, by helping to set agreed upon performance goals, allocating and prioritizing resources, informing managers to either confirm or change current policy or program directions to meet those goals, and sharing results of performance in pursuing those goals.

Performance Objective. The outcome associated with successful contract performance in a specific area. This is a critical success factor in achieving the organization’s mission, vision and strategy which, if not achieved, would likely result in a significant decrease in customer satisfaction or risk mission failure. Obtaining multi-services/sub-services performed at a certain measurable standard and consistently ensures success in achieving the objectives critical to the mission.

Performance Threshold. The minimum performance level of a performance objective required by the Government.

Quality Assurance (QA). Those actions taken by the Government to assure services meet the requirements of the Performance Work Statement (PWS).

Contracting Officer Representative (QA or COR). Individual who monitors a Contractor on a daily basis and who is involved in every aspect of a contract to ensure the Contractor is in compliance with that contract.

Services Summary (SS). A summary of the performance objective and performance threshold required by the Government in concessionaire performance. Also known as a Performance Requirements Summary or Services Delivery Summary or Performance Requirements Document.

Standard. An exact value, a physical entity, or an abstract concept, established and defined by authority, custom, or common consent to serve as a reference, model, or rule in measuring quantities or qualities, establishing practices or procedures, or evaluating results. A fixed quantity or quality. A defined measure of comparison.

ACRONYMS