H92239-22-Q-0021_Performance Work Statement.pdf

PERFORMANCE WORK STATEMENT (PWS)

528th Sustainment Brigade Human Performance Wellness Program Equipment Procurement

Part I

General Information

1. GENERAL: This is a non-personal services contract to provide 528th Sustainment Brigade

Human Performance and Wellness (HPW) Program provide brigade Service Members with requested training equipment to carry out the strength and conditioning performance program.

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. The Contractor, in turn, shall be accountable to the Government for Contractor or subcontractor personnel.

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 delivery and setup of equipment, as defined in this Performance

Work Statement (PWS). The Contractor shall perform in accordance with (IAW) the terms and conditions of the contract and consistently with the established standards in this PWS and contract.

1.1.1. 528th Sustainment Brigade HPW requests services to include: Custom Training Facility equipment, delivery, and installation (to include flooring).

1.2. Background: 528th has a Human Performance Wellness Program already in place, but requires additional equipment for a wider range of strength and conditioning performance execution. This expansion will develop and create a facility that allows for the full execution of the current proven strength and conditioning and physical therapy programs utilized within the

Human Performance and Wellness program.

1.3. Objectives: The basic service objectives include the following:

1.3.1. Provide custom equipment

1.3.2. Deliver equipment

1.3.3. Install equipment (to include flooring)

1.4. Scope: Contractor shall comply with applicable Federal, State, and local laws, regulations, codes, technical manuals, manufacturer’s instructions and recommendations, and acceptable commercial practices in the delivery of required services and equipment. The contractor will provide, deliver, and install the custom equipment to the agreed upon specifications. They will also lay down agreed upon flooring.

1.5 Period of Performance: Contractor will complete delivery and set up no later than 60 days after contract award.

1.6. General Information

1.6.1. Quality Control. Quality Control is the responsibility of the Contractor. The Contractor is responsible for the delivery of quality services/supplies to the Government (see FAR 52.246-1

Contractor Inspection Requirements).

1.6.2. The Contractor shall develop, implement, and maintain an effective Quality Control

System which is a written Quality Control Plan (QCP). The QCP shall implement standardized procedures and methodologies for monitoring and documenting contract performance to ensure all contract requirements are met. The Contractors’ QCP shall contain a systematic approach to monitor operations to ensure acceptable services, supplies products described in the contract are performed at or above the standards defined in the PWS and Performance Requirements

Summary (PRS).

1.6.3. The Contractor shall submit their QC Plan within 10 days of contract award. After acceptance of the QC Plan, the Contractor shall receive the Contracting Officer’s (KO) acceptance in writing or any proposed changes to the QC procedures. The Contractor shall submit QC Plan changes within five (5) days to the KO and Contracting Officer’s Representative

(COR) for review and acceptance prior to implementation. The Quality Control Plan shall address as a minimum:

1.6.4. Contractor’s organizational and management structure, titles, responsibilities and qualifications, work, and quality control verification. A comprehensive program to plan and deliver quality services/supplies described in the contract, prioritize services, and concentrate on the most essential services as identified in the Performance Requirements Summary (PRS).

1.6.5. The QC Plan shall contain methods of communications (direct and indirect) with the

Government regarding performance of the contract. Communication shall include regular and formal meetings with the Government for review and analyses of key process indicators, analysis of process deficiencies, and problem resolution.

1.6.6. Describe a method, acceptable to the Government, of identifying deficiencies in the quality of service performed under the contract before the level of performance becomes unacceptable.

Describe a method for preventing and address processes for corrective actions without dependence upon Government direction. Contain specific quality control techniques for contract services or supplies identified in the PRS.

1.6.7 Inspection Files. The contractor shall keep records of all inspections conducted by the

Contractor and the necessary corrective action taken. Documentation of all contractor quality control inspections and corrective actions shall be maintained by the contractor throughout the term of this contract.

1.6.8. Reserved.

1.7. Non-Conformance Report (NCR). Reserved.

1.8. Quality Assurance: The COR will 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 COR 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). When an observation indicates defective performance, the COR will require the Contractor or designated on-site representative to initial the observation to acknowledge the defective performance. The acknowledgement of the observation does not necessarily constitute Contractor concurrence with the observation, only that the Contractor has been made aware of the defective performance.

1.9. Place of Performance: Place of Performance is building X-4047 New Dawn Dr. Fort Bragg, NC 28310

1.10. Security Requirements:

1.10.1. Originate the request through your Contractor Company Facility Security Officer (FSO) based on bona fide contractual occupational requirement.

1.10.2. Physical Security Plan. This portion of the Contractor’s security program shall address physical security aspects associated with contract performance and describe how the Contractor shall prevent unauthorized access, vandalism, pilferage, larceny, sabotage, and arson directed toward Contractor-controlled facilities and Government Furnished Property (GFP). The following regulations shall apply when developing the physical security plan: ARs 190-11, 190-13, and

190-51; DoD 4500.9-R; Department of Defense Instruction (DODI) 5100.76; DODI 5220.22. The

Contractor shall develop and implement a physical security plan in accordance with AR 190-13

The Army Physical Security Program.

1.10.3. Access and General Protection/Security Policy and Procedures: All Contractor personnel performing work under this contract shall comply with applicable installation, facility and area commander installation/facility access, local security policies and security procedures provided by the Security Manager Government representative. Contractor personnel shall provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services or

Security Office. Contractor personnel shall comply with all personal identity verification requirements as directed by DoD, HQ Department of Army (DA) or local policies. Sponsoring organizations, activities, and persons will be responsible for monitoring Contractor access by submitting a completed and approved Directorate of Emergency Services (DES) Form 118 to the

Installation All American Visitors Control Center (VCC), detailing the contracted services to be performed, location of services, and duration of the contract. Contractors requesting access for less than one year may receive an Army’s Automated Installation Entry (AIE) visitor card on a case by case basis, or a temporary vehicle pass for 14 days. Renewed short term passes must be re-processed at the All American VCC. In addition to the changes otherwise authorized by this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor and subcontractor security matters or processes.

1.11. Safety: The Contractor shall perform work in a safe manner as required by OSHA Safety and Health Requirements. Provide a verbal notification to the KO 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 KO within five calendar days of each occurrence.

1.11.1. Environment and OSHA: The Contractor shall comply with all local, state, and Federal environmental and occupational safety laws, rules, and regulations. Any apparent conflict between compliance with such local, state and Federal laws, rules and regulations, and compliance with the requirements of the contract shall be immediately brought to the attention of the KO and/or the COR final resolution. The Contractor shall notify the KO and COR in writing in addition to any verbal notification of such conflicts. The Contractor shall be liable for all fines, penalties, and costs which result from violations of, or failure to comply with, all such local state, or Federal laws, rules, and regulations. All unsafe acts or conditions fostered by the Contractor or

Contractor personnel may be grounds for the KO or COR, to halt all Contractor performance with a commensurate deduction of monies due the Contractor until such unsafe conditions are corrected. The Contractor shall take due caution not to endanger personnel during performance of this contract. Upon discovery of any hazard such as, but not limited to, fire, or large fuel spill, the Contractor shall immediately notify the KO or COR.

1.12. Organizational Conflict of Interest: The Contractor and subcontractor shall not employ any person or perform a contract in a situation where the existence of conflicting roles may bias the

Contractor's judgement or prevent unfair competitive advantage in accordance with

Organizational Conflict of Interest Rules in FAR 9.5. Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the KO immediately whenever

Contractor becomes aware that such access or participation may result in any actual or potential

OCI and shall promptly submit a plan to the KO to avoid or mitigate any such OCI. The

Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the

KO and in the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO 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.

1.12.2. General:

1.12.2.1. The Contractor shall be responsible for ensuring all personnel performing work under this contract possess and maintain current certifications as indicated in this PWS during the execution of this contract.

1.12.2.2. Contractor personnel performing work under this contract shall be able to read, write, speak, and understand the English language to effectively carry out all contract requirements.

They shall have a command of both the written and spoken English language to properly clearly, and effectively communicate in person or via electronic devices (telephone or Email) with co-workers, customers, and the general public.

1.12.2.3. Contractor personnel performing work under this contract shall be U.S. citizens unless the provisions of Army Regulation 25-2, Information Assurance have been fully completed and approval has been granted by the Government for the non-U.S. citizen to perform the required support.

1.12.3. Qualifications for all Key Personnel: Must be able to gain access to post and physically be able to set up all equipment to industrial specifications.

1.12.5. Identification of Contractor Personnel: All Contractor personnelare required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are government officials.

1.12.6. Contractor Personnel Appearance and Performance: It is essential that all Contractor personnel meet the highest standards of professionalism and personal integrity. The Contractor shall ensure their personnel do not perform work under the influence of alcohol, illegal prescribed drugs or any other incapacitating agents. Contractor personnel shall be neatly groomed and dressed in business casual attire to present a professional appearance at all times.

1.12.6.2 Conduct of Personnel: The KO may require the Contractor to remove from the job site any employee working under this contract for reasons of misconduct, security, or found to be under the influence of alcohol, drugs, or other incapacitating agents. Contractor employees shall be subject to dismissal from the premises upon determination by the KO that such action is necessary in the interest of the Government. In accordance with Joint Ethics Regulations, DOD 5500.7-R, and 18 U.S.C. 1382 (1972), The removal from the job site or dismissal from the premises shall not relieve the Contractor of the requirement of providing sufficient personnel to perform the services as required by this contract.

1.13. Contracting Officer Representative (COR): The KO will designate, in writing, a COR. The

COR will have authority to take certain actions specifically provided and within the limitations prescribed in the designation. A copy of the designation will be furnished to the Contractor. In no event will the COR, by virtue only of his/her designation as such, empowered to execute or agree to any contract modification thereof. The KO will retain the ultimate responsibility for the administration of the contract. Any discrepancy resulting from coordination with or advisement from the COR shall be addressed, in writing, to the KO. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: Assures that the Contractor performs the technical requirements of the contract; performs inspections necessary in connection with contract performance; maintains written and oral communications with the Contractor concerning technical aspects of the contract;

issues written interpretations of technical requirements, including government drawings, designs, specifications; monitors Contractor's performance and notifies both the KO and Contractor of any deficiencies; coordinates availability of government furnished property, and provides site entry of

Contractor personnel.

1.13.1. The Contracting Officer will designate, in writing, an Alternate Contracting Officer’s

Representative. Reserved.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONFLICTING DIRECTIVES. Any apparent conflict between compliance with the directives, rules, and regulations identified in the contract and the satisfaction of the requirements of the contract shall be immediately brought to the attention of the KO for final resolution prior to performing the work involved. The Contractor shall notify the KO in writing in addition to any verbal notification of such conflict as soon as possible but no later than one (1) workday of the discovery of a conflict.

2.1.2. 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.

2.1.3. CONTRACTING OFFICER (KO). A person with authority to enter into, administer, and/or terminate contracts, and to make related determinations and findings on behalf of the

Government. Note: The only individual who can legally bind the Government.

2.1.4. 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.

2.1.5. CONTRACTOR PERSONNEL. Includes Contractor and subcontractor employees performing working under this contract.

2.1.6. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement (PWS).

2.1.7. DELIVERABLE. Anything that can be physically delivered, but may include non-physical things, such as meeting minutes or reports.

2.1.9. KEY PERSONNEL. Contractor employees who are critical for achieving PWS objectives.

Key personnel shall meet position qualification and experience requirements indicated in the

PWS. When key personnel qualifications are used as an evaluation factor in “Best Value” procurement, the Contracting Officer is the only one authorized to concur with key personnel replacement after award of the contract. When proposed key personnel resumes are used as an evaluation factor in best value procurement, a letter of commitment may be required from the individual whose resume is provided.

2.1.10. LOCAL TRAVEL: Any travel that is required to perform services IAW the PWS that is within a 50-mile radius of the place of performance.

2.1.11. PERFORMANCE PREQUIREMENT SUMMARY (PRS). A listing of the service outputs under the contract that are to be evaluated by the COR on a regular basis, the surveillance methods to be used for these outputs, and the performance requirement of the listed outputs.

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

2.1.13. PROPERTY ADMINISTRATOR (PA). (If applicable) The authorized representative of the Contracting Officer appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to government property in the possession of a Contractor.

2.1.14. PROPERTY MANAGEMENT SYSTEM. (If applicable) System established by the

Contractor that is used to manage GFP/GFE in its possession to control, use, preserve, protect, repair, and maintain.

2.1.15. QUALITY ASSURANCE. A planned and systematic pattern of all actions necessary to provide confidence that adequate technical requirements are established; products and services conform to established technical requirements; and satisfactory performance is achieved. For the purposes of this document, quality assurance refers to actions by the Government.

2.1.16. QUALITY ASSURANCE SURVEILLAND PLAN (QASP). The Government’s organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

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

2.1.18. SUBCONTRACTOR. One that enters into a contract with a prime Contractor. The

Government does not have privity of contract with the subcontractor.

2.1.19. WORK DAY. (Or ‘Business Day’ IAW what is used in PWS) The length of time during a day in which the Contractor provides services, in accordance with the contract. Also referred to as

Business Day.

2.1.20. WORK WEEK. Monday through Friday, unless otherwise specified.

2.2. ACRONYMS: (List all acronyms used in the PWS and what they represent. At a minimum, insert the definitions provided below, unless indicated otherwise. See MICC Desk Book for additional acronyms)

AFARS Army Federal Acquisition Regulation Supplement

AR Army Regulation

CCE Contracting Center of Excellence (if applicable)

CFR Code of Federal Regulations

CMDF Controlled Material Destruction Facility

CONUS Continental United States (excludes Alaska and Hawaii)

COR Contracting Officer Representative

COTS Commercial-Off-the-Shelf (if applicable)

DA Department of the Army

DD250 Department of Defense Form 250 (Receiving Report)

DD254 Department of Defense Form 254

DD1466 Building Pass (if applicable)

DFARS Defense Federal Acquisition Regulation Supplement

DMDC Defense Manpower Data Center (if applicable)

DOD Department of Defense

FAR Federal Acquisition Regulation

HIPAA Health Insurance Portability and Accountability Act of 1996

HPW Human Performance and Wellness

KO Contracting Officer

OCI Organizational Conflict of Interest

OCONUS Outside Continental United States (includes Alaska and Hawaii)

ODC Other Direct Costs

PIPO Phase-In/Phase- Out

POC Point of Contact

PRS Performance Requirements Summary

PWS Performance Work Statement

QA Quality Assurance

QAP Quality Assurance Program

QASP Quality Assurance Surveillance Plan

QC Quality Control

QCP Quality Control Plan

TE Technical Exhibit

PART 3

SPECIFIC TASKS

3. Specific Tasks:

3.1. Basic Services. Contractor shall furnish all tools necessary to complete the work stated in this

PWS. This includes, but is not limited to the delivery and installation of all equipment. All materials and supplies will be delivered at one time directly to the place of performance and set up completed within five working days after delivery.

3.1.1. Contractor will deliver all necessary materials to the place of performance.

3.1.2. The contractor assembles and installs the custom performance equipment according to manufacturer specifications.

3.1.3. The contractor will lay down rubber flooring to prevent any damage from the equipment on the existing concrete or damage from the users training on the flooring.

3.1.4. The contractor shall provide necessary equipment and transportation required to deliver and then remove all excess trash, boxes, and packing material, which will allow the space to be ready for use when installation is complete.

3.2. Documentation and Reporting. Reserved.

3.3. Contractor Manpower Reporting

3.3.1. The Contractor will report ALL Contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Department of the Army via a secure data collection site. The Contractor is required to completely fill in all required data fields using the following web address: http://www.sam.gov, reference attached help guide.

3.3.2. Reporting inputs will be for the labor executed during the period of performance during each Government FY, which runs from October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported NLT October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the help desk by clicking on “Send an email” which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Component’s CMR website at http://www.sam.gov. As part of its submission, the Contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement.”

PART 4

ATTACHMENT/TECHNICAL EXHIBIT LISTING

4. Technical Exhibit List:

4.1. Technical Exhibits:

Technical Exhibit 1 Performance Requirements Summary

Technical Exhibit 2 Equipment Layout

TECHNICAL EXHIBIT 1

Performance Requirements Summary

PERFORMANCE

OBJECTIVES

PERFORMANCE

STANDARDS

REF PWS SECTION METHOD OF

ASSESSMENT

Contractor shall furnish all tools necessary to complete the work stated in this

PWS.

All materials and supplies will be delivered at one time directly to the place of performance and set up completed within five working days after delivery

No deviation. Delivery will be arranged with unit COR, two week prior in order to reduce the overall impact to

Soldiers during the period of performance when the facility will be operating at a limited capacity to allow for work.

3.1.1 COR will inspect physical

items and cross reference with bill of lading and invoice.

The contractor shall assemble all equipment for the users to train on according to the specifications of this PWS and according to manufacutres/standard recommended specifications.

No deviation. Delivery and installation services shall be accomplished within five working days.

3.1.2. COR with Lead Strength and

Conditioning coach will inspect installation for correctness to specifications at the completion of installation.

The contractor will lay down flooring to prevent any damage from the equipment on the existing concrete or damage from the users training on the flooring. The contractor will ensure for smoothness and stability of the floor prior to placement of equipment.

No deviation. Surface area coverage shall be in accordance with technical exhibit 2. Floor must be joined together and cover all the way to the walls.

3.1.3. COR with Lead Strength and

Conditioning coach will inspect installation for correctness to specifications at the completion of installation.

The contractor shall provide necessary equipment and transportation required to deliver and then remove all excess trash, boxes, and packing material, which will allow the space to be ready for use when installation is complete

No deviation.

3.1.4. Contractor compliance to the

5 working days for delivery and emplacement shall be tallied for CPAR reporting periods and the results of the data shall be used to substantiate objective ratings of contractor performance.

TECHNICAL EXHIBIT 2

Layout