Attachment 1 - PWS 24 April.pdf

Performance Work Statement

For

General and Specialty Heavy Equipment MATOC

24 April 2024

Table of Contents

SECTION I

1.1 GENERALSCOPE

1.2 GENERAL TASK

1.3 LEASED EQUIPMENT

1.3.1 Equipment Specifications

1.3.2 Description of Equipment and Service Requirement

1.3.3 Contractor Responsibilities

1.4 EMERGENCY SERVICE CALL

1.5 CONTRACTING OFFICER'S REPRESENTATIVE (COR) AND THEIR AUTHORITY

1.6 INHERRENTLY GOVERNMENTAL FUNCTION

1.7 PERIOD OF PERFORMANCE

1.8 MISSION ESSENTIAL SERVICES PLAN

SECTION II

2.0 GOVERNMENT FURNISHED FACILITIES

2.1 GOVERNMMENT FURNISHED MATIERIALS

2.2 SERVICES

2.2.1 Damage to Leased Vehicles

2.2.2 Personal Injuries

2.2.3 Base Access Pass

SECTION Ill

3.0 CONTRACT PERIOD OF PERFORMANCE

3.1 HOURS OF OPERATION

3.2 FAIR OPPORTUNITY ON TASK ORDERS

3.3 ORDERING PROCESS

3.4 GUARENTEED MINIMUM

3.5 ON-RAMP/OFF-RAMP PROCEDURES

3.6. INTERCHANGES

3.7. CONTRACTOR EMPLOYEES

3.8. SAFETY CONCERNS/EQUIPMENT

3.9. ACCIDENTS/DAMAGE

3.10 SERVICES SUMMARY

SECTION I

1.1. GENERAL SCOPE: The contractor shall provide qualified personnel, supervision, materials, parts, equipment, tools, equipment operators (upon request) and transportation necessary to deliver and maintain general heavy equipment as shown on each CLIN line item. If Operators are required, they shall be qualified, certified, and licensed to operate equipment as required.

1.2. GENERAL TASK:

The contractor shall provide equipment lease and operator services (if requested) for a time period identified at the Task Order level for general heavy equipment as shown on the CLIN line item. The general heavy equipment shall be complete with all the necessary operating components and accessories customarily furnished to the general public, including oils and lubricants required for the duration of the order. The Government may request that the Contractor provide operator(s) at the Delivery/Task Order level.

1.3. LEASED EQUIPMENT: Full leasing services shall be provided. Contractor will be responsible for all maintenance to include replacement of all required fluids at no additional cost to the Government. In addition, at time of delivery, the contractor will ensure all fluids levels are full and the equipment is full of fuel.

1.3.1 Equipment Specifications: The general heavy equipment must be complete with all the necessary operating components and accessories customarily furnished to the general public. In addition, the heavy equipment shall come with a heated enclosed cab and cold weather package, unless otherwise requested during warmer seasons. The general heavy equipment model(s) provided shall be no more than 5 model years old or newer.

1.3.2 Description of Equipment and Service Requirement: Each CLIN listed in the Schedule shall be quoted at the Task Order level for a total period of five (5) years. If the contractor cannot quote on all items requested, they shall submit a quote to include all items they have available to be committed.

- CLIN 0001: The contractor shall provide materials, parts, equipment, tools, and transportation necessary to deliver and maintain general heavy equipment or equivalent as shown on and in accordance with the attached Equipment Listing Sheet and any task/delivery orders issued in accordance with the terms of the contract. This CLIN may also be used to rent miscellaneous equipment in cases where the normal inventory of equipment the contractor has access to may not cover needs of the project. Such cases would typically arise in an emergency and would be items such as amphibious excavators, high volume hydraulic pumps, sheet pile drivers, or any other specialty equipment not normally carried by the contractor. In such cases, the contractor would be expected to solicit pricing on the open market for transport and rental of such equipment, and then provide the government with a quote, factoring in profit and overhead after subcontracting the equipment lease. This CLIN may also be used to provide both on-site and in-shop repair of government caused damage to rental equipment. This CLIN does not provide for reimbursement of additional consumables such as cutting edges and teeth, brand specific fluid such as coolant and brake oil, and diesel exhaust fluid, excessive repairs and damage to equipment that is not normal wear and tear. Those items shall be covered under CLIN 0003.

- CLIN 0002: This CLIN may be used to provide operators for the equipment leased if required and specified by the government. The operators shall be qualified, certified, and licensed to operate equipment as required.

- CLIN 0003: This CLIN may be used to order additional consumables such as cutting edges and teeth, brand specific fluid such as coolant and brake oil, and diesel exhaust fluid, repairs and damage to equipment that is not normal wear and tear. This CLIN shall also include any tire repair or replacement. This list is not all-inclusive and specific requirements will be specified at the delivery/task order level.

1.3.3 Contractor’s Responsibilities: Contractor shall be responsible for any malfunction of the leased equipment during the lease period, to include but not limited to the following:

(1) Provide replacement of minor and major components parts due to mechanical failure. The Government shall not be liable for normal wear and tear or degradation of equipment (i.e.

Minor nicks, scratches and dents)

(2) Contractor shall provide transportation for delivery of the equipment to the location and pick up of vehicle at the beginning and end of rental terms.

(3) In addition, at time of delivery, the contractor will ensure all fluids levels are full and the equipment is full of fuel.

(4) Contractor shall provide own transportation to and from the equipment location in order to perform maintenance and services to equipment. Location of the project area will be identified at each task order. Contractor shall remove all contracted leased equipment from the specified location(s) within 24 hours after the period of performance, or per direction of the project foreman. Should contracted leased equipment remain in place beyond the 24 hours, the government is not liable for usage, lost, theft, damages, or replacement due to the contractor’s failure to take possession of owned items.

(5) The contractor shall conduct a joint inspection with the receiving government point-of-contact, specified at the order level. The inspection will identify any previous damage to the equipment and be recorded on the vehicle inspection sheet provided by the government.

Both the contractor and government representative will sign upon delivery. Any damages prior to leaving the site shall be noted and signed for by the receiving government point-of-contact.

1.4. EMERGENCY SERVICE CALL (Due to the Malfunction of Equipment): The contractor shall respond to service calls made by the Contracting officer, or Authorized Representative by sending a technician to perform repairs in the case of malfunctioning equipment within 24-hour of receipt of call. If repairs require more than a 24-hour period, the contractor will furnish replacement equipment of the same class within a 36-hour period at no additional cost to the government.

1.5. CONTRACTING OFFICER’S REPRESENTATIVE (COR) and THEIR AUTHORITY: The Contracting Officer (CO) shall designate individual(s) to act as the Contracting Officer’s Representative(s) (COR) under this contract. The COR will represent the CO in the administration of the contract but will not be authorized to change any of the terms and conditions of the contract. No oral statements of any person, whosoever will in any manner or degree modify or otherwise affect the terms of this contract. The CO shall be the only person authorized to approve changes in any of the requirements under this contract, notwithstanding any provisions contained elsewhere in this contract, and said authority shall remain solely with the CO.

1.6. INHERENTLY GOVERNMENTAL FUNCTION: The contractor shall not perform inherently

Governmental functions as defined in FAR Subpart 7.5 in relationship to this PWS.

1.7. PERIOD OF PERFORMANCE:

Base Period: 01 August 2024 – 31 July 2025 First Option: 01 August 2025 – 31 July 2026 Second Option: 01 August 2026 – 31 July 2027 Third Option: 01 August 2027 – 31 July 2028 Fourth Option: 01 August 2028 – 31 July 2029

1.8. MISSION ESSENTIAL SERVICES PLAN: The contractor shall submit a Mission Essential Services Plan IAW DFARS 252.237-7023 Continuation of Essential Contractor Services.

SECTION II

GOVERNMENT FURNISHED PROPERTIES AND SERVICES

2.0. GOVERNMENT FURNISHED FACILITIES (GFF): The Government shall not be furnishing any

Facilities to the Contractor in the execution of this contract.

2.1. GOVERNMENT FURNISHED MATERIALS (GFM): The Government shall provide diesel fuel as required during the lease period of the equipment, for Government use only, at no cost to the contractor.

2.2. SERVICES: The Government shall provide the following Services: N/ A

2.2.1 Government Damage to the Leased Equipment: The Government is required to immediately report to the Contracting Officer and the Contractor, when the leased equipment is damaged. The Government shall be liable for damage to the equipment when the equipment is damaged due to the negligence of the government during the lease period.

2.2.2 Personal Injuries: The Government shall be responsible and liable for personal injuries incurred during the operation of the leased equipment due to the negligence of the Government during the lease period.

2.2.3 Base Access Pass: The Government End-User shall provide the base access pass to the designated contractor representative to perform contract matters during the lease period.

SECTION III

PERFORMANCE INFORMATION

3.0. TASK/DELIVERY ORDER PERIOD OF PERFORMANCE: The contract period of performance shall be identified at the Task Order level. The start date begins when all equipment is joint inspected, signed and accounted for.

3.1. HOURS OF OPERATION: The contractor must correspond with Civil Engineering (CE) Horizontal Repair section POC or the 354th Range Squadron (RANS) POC for customer hours of operation delivery hours. The specific contact details shall be provided to the contractor upon task/delivery order award.

3.2. FAIR OPPORTUNITY ON TASK ORDERS: All contract awardees will be provided fair opportunity to be considered for each task order per FAR 16.505(b). Contractors are encouraged to participate in all site visits (if required) and submit pricing for all projects. Each TO will be awarded as a result of competition to the contractor who offers either the lowest price or the best value to the Government. The Contracting Officer may utilize broad discretion in determining evaluation criteria, and their relative importance, if factors other than price are utilized. Those additional factors will be specified on the Notice of Intent to place an order.

Price will be evaluation criteria in all task orders. The Contractor will provide their best price for the individual task order. There are no pre-established prices established within the contract. The Contractor will utilize the Equipment Listing Sheet attached to each Notice of Intent when providing their price for each individual task order. Examples of evaluation criteria that may be utilized at the task order level include, but are not limited to:

A. Contractor performance on prior task orders including:

(i) Problem identification and resolution

(ii) Quality of Work

(iii) Customer Satisfaction

* Note: If the Contractor does not have any recent or relevant past performance, as defined by the task order, the past performance rating will receive a neutral rating.

B. Specific technical and/or management capabilities C. Relevant Experience D. Ability to meet Government's requested schedule.

3.3. ORDERING PROCESS: Task Order Fair Opportunity Notice of Intent:

The ordering Contracting Officer will initiate the task order process by sending notice and all attachments (hereafter referred to as the NOI package) to awardees following FAR 16.505. The NOI package should include the following information:

Date of package Location of Work Equipment Listing Sheet Period of performance Proposal Pricing Data Sheet Evaluation factors, if other than price alone Other requirement documents Other pertinent data such as installation related restriction periods

3.4. GURANTEED MINIMUM: Upon contract award, each awardee will receive an initial task order for the contract minimum of $250.00 to cover the expense of attending a post award conference.

The post award conference will be conducted within 30 days following contract award and will be held at Eielson AFB. Alaska. The Government will provide the dates, format, and agenda within approximately two (2) weeks after contract award. It is anticipated the post award conference will be 2-4 hours in length. The Government will not pay any additional costs incurred above this amount.

Contract awardees attending the post award conference are authorized up to three (3) contractor management staff. At the request of the awardee, the Contracting Officer ( CO) may approve additional attendees at no cost to the Government, if space is available. The post award conference will focus on contract terms and conditions, fire and safety, base access and additional topics.

3.5. ON-RAMP/OFF-RAMP PROCEDURES: All active contract holders are notified that there is no promise, express or implied, of exclusivity. The government reserves the right, at any time during the contract period, to evaluate the market to determine if it is in the Government's interest to award contracts to additional qualified firms by employing "on-ramp" procedures.

During a contract on-ramp, the Government will advertise the reopening of the competition on https//www.sam.gov, and potential awardees shall meet the criteria established in the initial solicitation. The solicitation process will be the same as during the original solicitation, but changes may occur if law, regulation, or policy have changed and require alteration to the process. Any new awardees will compete with any existing or remaining Contractors for all delivery orders (excluding the need to meet the minimum obligation amount). Any additions due to on-ramps will not increase the contract ceiling and the ordering period for new awardees will not exceed the overall maximum term of the original contract. The Government will not consider unsolicited requests for addition to the competitive pool. During a contract off-ramp, the Contracting Officer may elect to remove from the contract pool firms that have poor performance or have repetitively failed to participate responsibly in site visits and submit pricing for projects. Contractors are on notice that the Government may eliminate them from further consideration during the ordering period, after the minimum obligation has been satisfied, or the government may choose not to exercise the option to extend the contract of any such contractor.

3.6. INTERCHANGES: FAR I 6.505(b)( I )(ii) states, "the policies in subpart 15.3 do not apply to the ordering process." Therefore, the "establishment of a competitive range" and "conducti ng discussions" as defined in that subpart is not necessary, nor are they defined in FAR I 6.5. Because Interchanges are not found in FAR 15.3, the formal restrictions for communications, clarifications, or discussions do not apply. Interchanges do not require a distinction between whether the interchange results in a change or only clarify an administrative matter or mistake.

The Notice or Intent will identity the procedures that will be employed to ensure a fair opportunity for competition is afforded to all offerors. The Contracting Officer may determine one or a few Offerors have the highest potential to provide the best value to the Government. Once the offeror

(s) is identified, the Government may hold Interchanges with none, one, some, or all Offerors that responded to the task order Notice of Intent to address any remaining issues and settle the final terms of the order. These issues may be technical, price, past performance related, or deal with contract documentation. If the Interchanges do not result in an awardable pricing agreement, the Government may continue interchanges with the next most favorably positioned offeror(s) for the same purpose, and continue until award is made. Accordingly, the Contracting Officer may utilize interchanges to communicate with contractors at any time during the ordering/evaluation process.

3.7. CONTRACTOR EMPLOYEES: The contractor shall be responsible for the performance and conduct of contractor and sub-contractor personnel at all times. All personnel shall be legal residents of the United States or legally authorized to work in the United States. The contractor shall not employ any foreign citizen who is not lawfully employable in the United States. Personnel absences at any time shall not constitute an excuse for non-performance under this contract.

3.8. SAFETY CONCERNS/EQUIPMENT: The contractor is solely responsible for compliance with OSHA standards for the protection of their employees. The contractor shall ensure specific safety requirements in AFOSH standards and Air Force technical orders are complied with by contractor personnel when noncompliance would clearly present the potential to harm or damage Government resources. (See AFI 91301, paragraph 9 and AFI 21-101 paragraph 2.16.) The Air Force is not responsible for ensuring that contractors comply with “personal” safety requirements that do not present the potential to damage Government resources. The contractor shall furnish personal safety equipment for its employees in performance of this contract. Safety equipment includes but is not limited to shoes or boots, eyewear, respirators, and gloves and any other equipment necessary IAW applicable regulations.

3.9. ACCIDENTS/DAMAGE: The contractor shall notify the Contracting Officer Representative as soon as possible of each occurrence of damage to Government property or an accident resulting in death, injury, occupational disease, or adverse environmental impact. Provide a completed copy of required Accident Investigation Reports to the Contracting Officer and the Contracting Officer Representative within five(5) calendar days of each occurrence.

3.10. SERVICES SUMMARY

PERFORMANCE

OBJETIVES (PO)

PWS

SECTION

STANDARD PERFORMANCE

THRESHOLD

ACCEPTABLE

QUALITY

LEVELS

METHOD OF

SURVEILLANCE

PO-1 Operator Qualifications

1.3.2 Operators shall be

qualified, certified and licensed to operate equipment as required.

Certified & Licensed 100% of the time

100% Inspection of submitted operator certifications/licenses.

PO-2 Leased Equipment

1.3 The heavy equipment

shall come with a heated enclosed cab and cold weather package (unless otherwise stated). The general heavy equipment shall be 5 model years old or newer.

100% conformance with stated requirements

100% inspection of submitted equipment specifications at task order level

PO-3 Delivery 1.3.3 Provide equipment by the PoP start date of the task order.

No missed deliveries/joint inspections on start date of each Task Order PoP (unless

Customer Complaint approved by the CO)

PO-4 Service Calls

1.4 Replace broken

equipment within 36 hours.

100% on-time replacements within 36 hours (unless approved by the CO)

Customer Complaint

(End Statement of Work)