PWS Drilling Work in Afghanistan_8.10.2012.v5 wo changes and comments.doc

PERFORMANCE WORK STATEMENT (PWS)

Task Force for Business and Stability Operations

Drilling Services Part 1

General Information

1. General:

This is a non-personal services contract to provide drilling services within Afghanistan to do exploratory drilling to determine quantity and quality of available mineral resources. 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 Background:

The Task Force for Business and Stability Operations (TFBSO) was established in June 2006 to aid in the revitalization of Iraq’s economy and in creating jobs for the Iraqi people. In 2010, TFBSO began operations aimed at creating economic opportunities for the people of Afghanistan.

The TFBSO seeks to expedite the process by which the Government of the Islamic Republic of Afghanistan (GIRoA) generates revenue from its rich mineral resources. By conducting comprehensive drilling programs with a technically proficient company that can operate in Afghanistan, a strong bid package can be compiled and presented to the international mining community. By performing this work “up front,” TFBSO is garnering greater attention for investment in a shorter amount of time, thus having a more direct economic and security impact in Afghanistan. This service will be critical for the effective management, planning, and execution of the TFBSO core mission set to enable economic stability in expeditionary and contingency environments.

1.2 Objectives:

· The Contractor shall work with the Government to identify appropriate mineral resources, drill targets, and subsequent drilling locations and programs.

· The Contractor shall perform competent drilling work.

· The Contractor shall perform drilling that will assist the Government in understanding the quality of its mineral deposits and its relevant properties to help garner and guide future investment opportunities for Afghanistan.

1.3 Scope:

The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform drilling services as defined in this Performance Work Statement, except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.4 Period of Performance:

The period of performance shall be for one (1) base period of 4 months and two (2) 4-month option periods. The Period of Performance reads as follows:

Base Year, 4 months

Option Year, 4 months

Option Year, 4 months

1.5 Basic Services

1.5.1 Quality Control:

The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. The original Quality Control plan shall be submitted with the contractor’s proposal; however, any proposed changes shall be submitted by the Contracting Officer (KO) and the Contracting Officer Representative (COR) in writing. After acceptance of the revised control plan the contractor shall receive the contracting officer’s acceptance in writing.

1.5.2 Quality Assurance:

The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.5.3 Place of Performance:

The work to be performed under this contract will be performed throughout Afghanistan

1.5.4 Type of Contract:

The government will award a contract best suited for this requirement as determined by the Contracting Officer (KO).

1.5.5 Security Requirements:

Contractor personnel performing work under this contract will not require any security clearance.

1.5.6 Physical Security Requirements:

The drilling company must coordinate closely with COR, military partners, and other pertinent agencies on all security related matters. With regard to security, the contractor shall abide by all GIRoA laws and regulations. Contractor must not expect TFBSO, USG, or USMIL to provide assets or resources to provide security in support of this work.

1.5.7 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officer’s Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer representative will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.5.8 Contracting Officer’s Representative (COR): The COR will be identified by a separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions:

a) Assure that the Contractor performs the technical requirements of the contract

b) Perform inspections necessary in connection with contract performance;

c) Maintain written and oral communications with the Contractor concerning technical aspects of the contract;

d) Issue written interpretations of technical requirements, including Government drawings, designs, and specifications;

e) Monitor Contractor's performance and notify both the Contracting Officer and Contractor of any deficiencies;

f) Coordinate availability of government furnished property;

g) Provide site entry of Contractor personnel.

A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.5.9 Key Personnel:

The follow personnel are considered key personnel by the government:

a) Drilling Expert (Geologist):

A person with a minimum of fifteen years field experience and relevant academic credentials (BA equivalent, MA a plus) in geology, metallurgy, and exploration drilling. Must possess experience working in austere, developing-world environments. Must have management experience and exploration drilling program design and execution experience.

b) Project Manager:

The contractor shall provide a contract/project manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract/project manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available at all times.

1.5.10 Organizational Conflict of Interest:

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 Contracting Officer immediately whenever he becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

PART 2

DEFINITIONS & ACRONYMS

2. Definitions and Acronyms:

2.1. DEFINITIONS:

2.1.1. 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.

2.1.2. CONTRACTING OFFICER (CO). A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3. 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.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5. GOVERNMENT. Under this contract, unless otherwise specified, Government refers to the United States Government.

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

2.1.7. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

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

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

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

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

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

2.1.13. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.2. ACRONYMS:

ACOR

Alternate Contracting Officer's Representative

AFARS

Army Federal Acquisition Regulation Supplement

AR

Army Regulation

CCE

Contracting Center of Excellence

CFR

Code of Federal Regulations

CONUS

Continental United States (excludes Alaska and Hawaii)

COR

Contracting Officer Representative

COTS

Commercial-Off-the-Shelf

DA

Department of the Army

DD250

Department of Defense Form 250 (Receiving Report)

DD254

Department of Defense Contract Security Requirement List

DFARS

Defense Federal Acquisition Regulation Supplement

DMDC

Defense Manpower Data Center

DOD

Department of Defense

FAR

Federal Acquisition Regulation

HIPAA

Health Insurance Portability and Accountability Act of 1996

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 Program

TE

Technical Exhibit

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services :

N/A

3.2 Facilities:

N/A

3.3 Utilities:

The Government will not provide 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, which include turning off the water faucets or valves after using the required amount to accomplish cleaning vehicles and equipment.

3.4 Equipment:

N/A

3.5 Materials The Government will Provide:

N/A

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General :

The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.2 Facility Clearance:

N/A

4.3 Materials:

N/A

4.4 Equipment:

N/A

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services.

The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform drilling services as defined in this Performance Work Statement, except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract. The contractor shall operate with serious consideration of security risks, environmental impact, local and regional community impact, and the best interest of the Afghan people.

5.2. Task

· The Contractor shall mobilize to the exploratory drilling site as instructed by the Government within 10 days of Contract Award.

· Provide a security analysis and detailed plan of how to mitigate threat or conduct local engagement

· The Contractor shall design and execute an exploratory drilling program with proposed schedule and planned activities,

· The Contractor shall identify and designate various project roles and responsibilities and effectively communicate that plan to the Government

· The Contractor shall

· Execute drill program in timely and effective manner

5.3. PHYSICAL SECURITY

The Contractor will be required to provide their own security for the operation of this requirement. No Government security personnel will be available to provide security for the operation of these tasks.

5.4. SYNCHRONIZED PRE-DEPLOYMENT OPERATIONAL TRACKER (SPOT):

The Synchronized Pre-deployment and Operational Tracker (SPOT) has been designated as the Joint Enterprise contractor management and accountability system to provide a central source of contingency contractor information IAW DoD Instruction 3020.41, Contractor Personnel Authorized to Accompany the U.S. Armed Forces, dated 3 Oct 05. The Contractor is required to maintain accountability by name within SPOT while government representatives utilize SPOT for oversight of the deployed contractors. SPOT link is provided http://www.defenselink.mil/bta/products/spot.html for additional information regarding SPOT. Also, the following link is used for contractor SPOT registration: https://spot.altess.army.mil SPOT will issue a system generated Letter of Authorization (LOA) that will be signed electronically by the Contracting Officer.

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. Attachment/Technical Exhibit List:

7.1. Attachment 1/Technical Exhibit 1 – Performance Requirements Summary

7.2. Attachment 2/Technical Exhibit 2 – Deliverables Schedule

TECHNICAL EXHIBIT 1

Performance Requirements Summary 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.

Performance

Requirement Performance

Standard Frequency of

Measurement

Method of

Surveillance Incentives/ Disincentives

Technical approach to drilling

Drilling results / updates / complications or issues and path to resolution

Execution of drill program (based on above provided drilling project plan)

Final report, detailing work performed

DELIVERABLES SCHEDULE