Final PWS.doc

Solicitation No. FA5209-09-T-0212

Attachment 1

DEPARTMENT OF THE ARMY

OFFICE OF THE CHAPLAIN USAG-J

ZAMA CHAPEL CENTER, CAMP ZAMA, BLDG 500

UNIT 45006 APO AP 96343-5006

PERFORMANCE-BASED WORK STATEMENT

FOR

PROTESTANT ORGANIST, CAMP ZAMA, JAPAN

Camp Zama

21 Apr 2009

Table of Contents

SECTION 1

Description of Services/General Information Pages 3-8

SECTION 2

RESERVED

SECTION 3

Government Furnished Property and/or Services

SECTION 4

Appendix 1

Page 8-9

SECTION 1 – DISCRIPTION OF SERVICES/GENERAL INFORMATION

1. DISCRIPTION OF SERVICES. The contractor shall provide all necessary personnel, supervision, management, tools, equipment, transportation, materials and any other items or services necessary to perform the protestant organist service at Zama Chapel Center, Camp Zama, Japan in accordance with this Performance-Based Work Statement (PWS), the attached appendices and with commercial and local standards.

1.2. TYPE OF SERVICES REQUIRED. The contractor shall perform the following listed services:

(a) The Catholic Organist is to provide appropriate instrumental musical support during the designated worship service. The Catholic Organist falls under the USAG-J Chaplain’s Program as defined in the Command Master Religious Program (CMRP). The mission of the Chaplain’s program is to provide for Essential Elements of the Religious Service to include worship service for all assigned soldiers, civilians, and family members. As a non-personal services contractor, the Protestant Organist can not be a member of the Chapel or USAG-J Chaplain’s Office.

(b) The contractor shall coordinate all aspects of this project with the designated Government Representative (GR).

(c) The Contractor shall provide the following specific services (refer Appendix A. Estimated Annual Workload Data):

Music worship: (every Sunday, 1100 – 1200), estimated 52 services a year

Rehearsal for music worship: (every Thursday, 1900 – 2000), estimated 52 services a year

Providing quality musical accompaniment for special music worship services: (this is for special events such as Christmas, Easter, etc, schedule for worship is to be determined), estimated 16 services a year

1.3. IMPLIED TASKS: The contractor must accomplish the following implied tasks and activities to effectively provide the instrumental music services noted above.

a. Coordinate all musical selections with the Chaplain Pastor of the congregation or his/her designated representative to select music in keeping with the theme of the worship service.

b. Accompany choir/solo music presentations that enhance the atmosphere of worship for the particular congregation.

c. Coordinate with the worship leader and adjust tempo, and style of choir accompaniment to enhance the congregation’s ability to participate in worship.

d. Provide music selections to the Chaplain Pastor in time to be published in the bulletin for service.

1.3.1. Physical Security: The contractor shall establish and implement methods to ensure the physical security of all U.S. Government property and facilities. Locking of external doors and windows is necessary when leaving the facility. Internal doors should be locked to protect Government property. Access to office areas should be monitored and limited.

1.3.2. Safety: The Contractor shall be aware of local safety requirements and ensure that all reasonable efforts are made to protect all persons from harm and U.S. Government property from damage.

1.3.3. Restrictions: Government property made available under this contract is only for use in the performance of services described in this contract. No office space will be set aside for the contractor’s personal use. Individual names on doors, listing of contractors as staff, and issuing of additional requirements outside the parameters of this contract are prohibited.

1.3.4. Disclaimer: The government will not be responsible in any way for damage to the contractor’s supplies, materials, equipment, or to personal property as a result of fire, theft, accident, natural disaster, or other events.

1.3.5. Liability: For the purpose of this contract, the Contractor is considered an independent contractor and not as an agent of the U.S. Government. During performance, the Contractor shall be liable and will indemnify and hold harmless the Government, its agents and employees against all actions or claims for damages to persons or property, including death arising from fault, negligence, wrongful act, or wrongful omission of the Contractor, his agents or employees utilized in the provision of services.

1.3.6. Compensation: The contractor will be paid upon satisfactory completion of the contract services and presentation of invoice IAW terms of this contract. Since this contract is not intended to create an employer-employee relationship, there are not provisions for lodging or employee benefits of medical care, retirement, or worker’s compensation. The contractor is also responsible for his/her own tax liabilities. Payments made under this contract are not subject to Federal Income Tax withholding. 1099 MISC forms will be mailed to the contractor at the completion of the calendar year.

1.3.7. Subcontracting: The contractor may provide a qualified substitute for a period of time if approved by the GR. The substitute will have the same qualifications as the contractor in the performance of their duties. Any Active Duty Military substitutes must have a Memorandum for Record from their commander with permission to substitute. However, in all cases, the substitute shall have no claim whatsoever against the Government for services rendered and the compensation to be paid the substitute shall be a matter entirely between the contractor and the substitute.

1.3.8. Payment: Submit invoices for the previous month’s contract services to the GR for verification No Later Than (NLT) the 5th working day of the next month. Payment is authorized to be made on a monthly basis. Payment method is to be set up by contractor.

1.3.9. Mobilization and Phase-In Period: In the event other than the incumbent contractor is the successful offeror, a period of 15 calendar days is deemed sufficient for the new contractor to mobilize, phase-in and complete preparation prior to the start of contract performance on the date specified in the contract. All offerors are cautioned to be fully aware of the above and consider the stated phase-in time in their planning and the pricing of their proposals. Mobilization and phase-in costs are not reimbursable under this contract.

1.3.10. Contractor Manpower Reporting: “The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor will report ALL contractor manpower (including subcontractor manpower) required for performance of this contract. The contractor is required to completely fill in all the information in the format using the following web address https://contractormanpower.army.pentagon.mil. The required information includes: (1) Contracting office, Contracting Officer, Contracting Officer’s Technical Representative; (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor name, address, phone number, e-mail address, identity of contractor employee entering data; (5) Estimated direct labor hours (including sub-contractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by contractor (and separate predominant FSC for each sub-contractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the contractor with its UIC for the purposes of reporting this information); (11) Locations where contractor and sub-contractors perform the work (specified by zip code in the United States and the nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language; and (13) Number of contractor and sub-contractor employees deployed in theater this reporting period (by country). As part of its submission, the contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period will be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a contractor’s systems to the secure website without the need for separate data entries for each required data element at the website. The specific formats for the XML direct transfer may be downloaded from the web site”.

1.4. GENERAL INFORMATION.

1.4.1. QUALITY CONTROL. The contractor shall develop and maintain a quality control program and quality control plan (QCP) to ensure services are performed in accordance with the PWS and local commercial standards. A QCP shall be established and implemented by the contractor in order to identify and prevent defects in the quality of service performed.

1.4.2. QUALITY ASSURANCE. The Government will evaluate the contractor’s performance by the designated GR to monitor performance to ensure services are received. The GR will also evaluate the contractor’s performance through intermittent on-site inspections of the contractor’s quality control program and receipt of complaints from base personnel. The government may inspect each completed task or increase the number of quality control inspections if deemed appropriate because of repeated failures discovered during quality control inspections or because of repeated customer complaints. Likewise, the government may decrease the number of quality control inspections if performance dictates. The government will also receive and investigate complaints from various customers located on the installation. The contractor shall be responsible for initially validating customer complaints. However, the GR shall make final determination of the validity of customer complaint(s) in cases of disagreement with customer(s).

1.4.3. GOVERNMENT REMEDIES. The contracting officer shall follow FAR 52.212-4, Contract Terms and Conditions-Commercial Items for contractor’s failure to perform satisfactory services or failure to correct non-conforming services.

1.4.4. CONTRACTOR PERSONNEL

(a) CONTRACT MANAGER. Contractor shall provide a contract manager who shall be responsible for all requirements in this PWS. At the pre-performance conference the name of this person and an alternate(s), who shall act for contractor when manager is absent, shall be designated in writing to the C O. Contractor shall provide telephone numbers of contract manager and alternate(s) for other than normal duty hours. He/She must be able to read and write English.

(b) CONTRACTOR EMPLOYEESC Contractor personnel shall have an extensive background in Christian religious liturgical and Church organ music. Contractor personnel shall be easily recognizable as contractor employees.

(c) Removal of Contractor’s Employees. The Contractor shall utilize only experienced, responsible and capable employees in the performance of this contract. The Contracting Officer may require that the Contractor remove from the Government job any of his/her employees who endanger persons or property, or whose continued employment under this contract is inconsistent with the interests of military security.

(d) THIRD COUNTRY NATIONALS (TCN). The Security Forces on each base control entry to the base. Under certain circumstances, the TCN might be denied entry. It is the Contractor’s responsibility to coordinate with Security Forces at each base when there is a question about particular circumstances.

(e) U.S. GOVERNMENT OR JAPANESE NATIONAL EMPLOYEES. Contractor shall not hire employees of the United States Government and/or MLC (Master Labor Contractor) if employing such persons would create a conflict of interest, or appearance of a conflict of interest as determined by the contractor. Contractor shall not employ any person who is an employee of the Department of the Army, either military or civilian, unless such person seeks and receives approval according to DODR 5500.7, Standards of Conduct.

(f) MILITARY PERSONNEL. Contractor is cautioned that off-duty active military personnel hired under this contract may be subject to permanent change of station (PCS), change in duty hours, or deployment. Military Reservists and National Guard members may be subject to recall to active duty. Abrupt absence of these personnel could adversely affect contractor’s ability to perform; however, their absence at any time shall not constitute an excuse for non-performance under this contract.

1.4.5. INSTALLATION BASE PASSES. The Contractor shall take the necessary steps to secure base passes required for personnel and vehicles to enter all military installations to provide service for the contract. The Contractor shall bear the expenses for all documents required on their behalf to procure military installation base passes. The U.S. Government will issue all required Installation/Base Passes and Controlled Area Badges to contractor personnel at no cost to the Contractor. Vehicle insurance certificates are required to obtain Base Passes and must cover the automobile liability insurance in the types and minimum amounts of (a) Bodily Injury - ¥30,000,000 per person per occurrence, in addition to the Japanese Compulsory Insurance (JCI), and (b) Property Damage - ¥3,000,000 per occurrence. The prime contractor shall be responsible for all passes issued to his/her own or subcontractor’s employees under this contract. The Contractor shall return all applicable passes upon termination of employment or completion of this contract to the Japanese Pass Section, and a certificate of receipt shall be obtained.

NOTE: Contractor personnel are required to comply with U.S. Army Regulation 190-5 for personnel pass requirements. Contractors are also required to comply with U.S. Army Garrison Japan Regulation 190-13 for vehicle pass requirements. These regulations are available for the selected contractor’s review upon personnel and/or vehicle pass issuance.

1.4.6. SECURITY REQUIREMENTS. Contractor shall ensure each employee obtains required pass and identification items for access to Camp Zama. These items are issued by the Security Forces Pass and Registration Section, located in Building 235. Contractor and employees shall return identification cards to Security Forces within 24 hours of termination or completion of this contract. All other government identification for terminated employees shall be returned to the Contracting Officer within 24 hours of termination.

1.4.7. INSTALLATION SAFETY/FIRE REGULATIONS. The contractor is responsible for job site safety and fire prevention. Standard base procedures will be provided by the U.S. Government.

1.4.8. REPORTS OF DAMAGES, DESTRUCTION, INJURY, OR DEATH

(a) The Contractor shall report all incidents of damage or destruction to property, or personal injury or death to any person, arising out of and during the performance of this contract. For the purposes of this clause, the term “property” includes equipment, freight, or property of any type, whether Government owned or not. The term “Contractor” includes the Contractor, its agents, servants or employees.

(b) The Contractor shall submit these reports to the Contracting Officer through the GR as follows:

(1) A preliminary report shall be made as soon as practicable after the time the incident occurs. Report may be either verbal or facsimile.

(2) A complete written report shall be submitted within 96 hours after occurrence of the incident. A copy of this report shall be furnished to the GR.

1.4.9. ENVIRONMENTAL AND HAZARDOUS MATERIAL HANDLING. Contractor shall comply with municipal environmental laws to protect the health and safety of employees/residents and minimize or eliminate environmental pollution.

1.4.10. DISPOSAL OF MATERIALS: All debris generated from the work shall be removed from the job site and disposed by the contractor in accordance with the laws of Japan.

1.4.11. RESPONSIBILTY FOR DAMAGES. Any damages caused to U.S. Government property during the course of performing this contract shall be restored, replaced and/or repaired to its original condition at no additional cost to the U.S. Government.

1.4.12. HOURS OF OPERATION.

(a) AVAILABILITY OF FACILITIES. The contractor will have access to the chapel facilities used for music activities for the purpose of facilitating the end-services required. During times of weekday rehearsal (1900-2000, Thursday) and during the times of weekend religious services (1100-1200, Sunday), these facilities will be unlocked. Access to the facilities outside of these hours may be needed when the contractor provide service for special events such as Christmas. In such a case, the contractor will be authorized by the GR with prior coordination by the contractor.

(b) U.S. LEGAL HOLIDAYS. Recognized US legal holidays are listed below. Holiday falling on a Saturday may be observed on the preceding Friday. Holidays falling on a Sunday may be observed on the following Monday.

1.4.13. CONSERVATION OF UTILITIES. Contractor shall instruct employees in utilities conservation practices. Contractor shall be responsible for operating under conditions that prevent waste of utilities.

1.4.14. PERFORMANCE OF SERVICES DURING CRISIS DECLARED BY SECRETARY OF DEFENSE OR THE OVERSEES COMBATANT COMMANDER. This provision is not applicable since no services are required during the crisis. The Contracting Officer or Government Representative shall notify the Contractor, by any means of communication, of a crisis. There shall be no costs paid by the Government to the Contractor during a crisis except those costs incurred for work performed under this contract and PWS.

SECTION 2

THIS SECTION IS RESERVED

SECTION 3

GOVERNMENT FURNISHED PROPERTY AND SERVICES

3. GOVERNMENT FURNISHED PROPERTY AND SERVICES.

3.1. UTILITIES. Water, electricity, and sewage, where available from existing work sites, will be provided to the contractor without cost.

3.2 SECURITY FORCES AND FIRE PROTECTION. Upon request for assistance, the following units will provide services on base as necessary:

(a) Base Security Forces

Telephone 911

(b) Base Fire Department

Telephone 911

(c) Base Emergency Telephone 911

SECTION 4

APPENDICES

4. APPENDICES

Appendix A. Estimated Annual Workload Data (see PWS para 1.2.(c)) Appendix A. Estimated Annual Workload Data: