PWS_Bulk Water- Firing Range.doc

DEPARTMENT OF HOMELAND SECURITY

CUSTOMS AND BORDER PROTECTION

Performance Work Statement Bulk Potable Water Delivery to El Paso Sector Firing Range Fabens, Texas

1.0 BACKGROUND

The United States Border Patrol (USBP) is tasked with detection and deterrence of potential terrorists and of those who violate the immigration and illegal substance laws of the United States. The El Paso Sector Border Patrol Headquarters maintains and staffs the Highway Firing Range located approximately thirty miles east of El Paso on Interstate 10 and one mile north of the Fabens Exit. The range is used to maintain marksmanship skills by the Border Patrol agents. Other federal, state, and local agencies also use the shooting range and classroom facilities for marksmanship training and education.

There are no other water sources in the immediate vicinity and there is no funding or feasible opportunity to install a well at the site. Two 1500-gallon tanks are located at the firing range. One tank provides water to the range facility itself. The other provides water to the training facility.

2.0 SCOPE OF WORK REQUIRED

It is the intent of this Performance Work Statement (PWS) to set standards of performance and to define the activities necessary for delivery of bulk potable water to the El Paso Sector Firing Range. Required activities are defined in Paragraph 3 of this PWS.

2.1 The Contract Type for this order shall be a firm, fixed price contract comprising a base year and the potential for four (4) option years.

2.2 The base year for this contract shall run from May 1, 2012 through March 31, 2012, inclusive. The option years shall run from April 1 through March 31 each year. Option years are contract renewals that are mutually agreed-upon between the USBP and the Contractor prior renewing contract for the coming year. USBP shall make an Option Year offer on or about February 1 in anticipation of the following year that begins on April 1. Renewals are made based upon continued Contractor satisfactory performance and acceptable pricing. The option years provide a potential of running from April 1, 2013, through March 31, 2017, inclusive.

2.3 The number of allocated loads of water for each year shall be an estimate of requirements and may increase or decrease over each year as required and dictated by the needs, weather, activities, and funding of the USBP.

3.0 DESCRIPTION OF TASKS AND DELIVERABLES

3.1 Bulk Potable Water

Work required for this item calls for delivery of potable bulk water to the El Paso firing range storage tanks twice per week. Current scheduling requires the Contractor to make bulk water deliveries twice per week in order to insure adequate supply of water for the two tanks. The current schedule is completed on Tuesday and Wednesday. However, the needs for the facility may change and the Contractor may need to make deliveries on non-consecutive days upon request. The definition of “Delivery” for this contract shall be “the shipment of bulk potable water in quantities necessary to fulfill the Contractor’s stated delivery capabilities and the firing range’s capacity.” There may be cases where the Contractor has mechanical difficulties with its primary delivery truck, and it needs to use a smaller-volume truck with less tank capacity to achieve the normal tank fill. Under those circumstances one water delivery under this contract may involve 2 or more trips to satisfy the requirements of this contract.

The potable water shall be used for activities other than for human consumption, such as hand washing, cleaning and mopping of surfaces, flushing toilets, air cooling units for canines, etc.

3.2 Performance-Based Activities Required of the Contractor

3.2a Deliveries of fresh water shall be completed within one work day – or 24 hours - of receipt of the request.

3.2b. Deliveries shall be made with little or no disruption to firing range activities.

3.2c Upon completion of each delivery, the driver shall issue a multi-part, numbered company ticket for delivery. The receiving Border Patrol official shall sign and date the receipt and the driver shall co-sign. A copy shall be given to the receiving agent to forward to the El Paso Sector Accounts Payable Office. The original and any remaining copies may be retained for the Contractor office and billing records.

3.2d Contractor shall visually inspect each tank when delivering water. If any damage or indications of excessive loss of water is noted, he shall make note of the situation on the delivery ticket and insure that the COR or his representative are aware of the potential problem. The Contractor shall make no repairs or other actions by himself. Only the Contracting Officer may authorize additional work or repairs that may obligate the Government in any way.

3.2e The purchase order agreement is between the Customs and Border Protection, U.S. Border Patrol, and the Contractor. No other delivery activities on behalf of either the CBP USBP or the Contractor shall be authorized during the bulk water transport or for the return trip to the Contractor’s office without first obtaining permission from the CBP Contracting Officer.

3.2f Billing may be made on a weekly basis but not less frequently than monthly. The invoice shall contain a synopsis of all deliveries made during that month with copies of each delivery ticket issued in that month. Each invoice shall have the following information on it:

- The company name as it appears in the CCR record.

- Any associated dba, if applicable.

- Address and contact information.

- The Purchase Order number.

- A listing of the delivery tickets to include date of delivery.

3.3 Contractor-furnished Items

The incumbent shall furnish all labor, trucks, and other equipment necessary for the delivery of potable bulk water into the holding tanks. All equipment must be in proper mechanical condition and fully equipped as required for safe and efficient operation, properly registered and insured in accordance with the laws of the State of Texas.

3.3 Additional Contractor Requirements

3.5a The Contractor shall be responsible for repairs of any damage caused negligent actions during the delivery of water at the firing range.

3.5b The Contractor shall provide proof of insurance, including insurance contact information, at the time of award.

3.5c The Contractor shall employ only qualified and competent personnel. At the time of contract award but no later than April 1st of each contract year, the incumbent shall submit all full names, dates of birth, social security numbers, and driver’s license numbers to the Contracting Officer’s Technical Representative (COTR) - or his designated representative - of personnel working under this contract. These persons shall undergo a background check to determine ability to perform work at the Customs and Border Protection site. If the incumbent is notified in writing that any person employed in the execution of this agreement is disorderly, or otherwise unsatisfactorily performing their duties, such person shall not be allowed to continue work or again be employed in the execution of this contract without the written consent of the COTR.

3.5d Department of Labor wage rates apply to this contract. A copy of the applicable Service Contract Act (SCA) labor rates schedule shall be included in the initial solicitation package and in subsequent Option Year renewal notifications. Contractor shall abide by all Federal, State, and local labor regulations. The Government has the right to report and refer any suspected labor violations to the Department of Labor for review and follow-up actions.

3.5e The Contractor shall complete the Quality Assurance Surveillance Plan (QASP) at the end of each quarter and shall submit the completed form to the COTR or the COTR’s Representative no later than the close of business on the third workday following the end of each quarter. The QASPs shall primarily be used to track Contractor performance over the course of each fiscal year and to bilaterally improve the Contractor-CBP relationship. Negatively, it may be used to deduct funds as a result of unsatisfactorily-performed tasks. In extreme cases, it may be used to terminate the contract or deny implementation of option years. Positively, it will be used to mutually confirm and document perceptions of performance acceptability and to ensure renewal of option year terms for the length of the contract.

4.0 GENERAL INFORMATION

4.1 Disclosure of Information

4.1a Any information made available to the contractor by the government or its customers shall be used only for the purpose of carrying out the provisions of this contract. This information shall not be divulged or made known in any manner to any persons except as may be necessary in the performance of the contract.

4.1b In the performance of this contract, the contractor assumes responsibility for the protection of the confidentiality of government records.

4.1c The contractor will adhere to the requirements found in Part 24 of the Federal Acquisition Regulation, Protection of Privacy and Freedom of Information.

4.2 Government Technical Contacts

4.2a The Customs and Border Protection technical contact persons or Contracting Officer’s Technical Representative (COTR) and his designated point(s) of contact will be provided at the time of award.

4.2b The Contract Specialist for this order is:

Russell Brehm

El Paso Contracting Office

8901 Montana Avenue

El Paso, TX 79925

915-834-8610 russell.brehm@dhs.gov

4.2c Billing instructions and contact information shall be included on the OF347 award form at the time of award.

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