HSFE70-16-R-0005_Leased_Portable_Toilets_PWS.docx

Attachment 0001: Performance Work Statement

Department of Homeland Security (DHS) Federal Emergency Management Agency (FEMA)

PERFORMANCE WORK STATEMENT

Leased Portable Facilities with Ancillary Services

General Information

Leased Portable Toilet Facilities/Contracted Ancillary Services

1.0 Background

Historically, there has been an absence of adequate and accessible support and care for disaster survivors within shelters. Thus, the Leased Portable Toilet Facilities and Ancillary Contracted Services requirement herein has been developed in conjunction with the FEMA Office of Disability Integration and Coordination. FEMA consulted Emergency Management subject matter experts, who have provided guidance. Leased equipment and ancillary contracted services are required to sustain and support a 100 person shelter for a minimum of seven (7) days. FEMA may provide supplemental assistance to shelter providers, when requested by a State, pursuant to Section 403 (a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288) as amended.

2.0 Scope:

FEMA is establishing a Firm Fixed-Price Indefinite Delivery Indefinite Quantity (FFP-IDIQ) Contract for the leasing of portable toilet facilities, including accessible portable toilets. In accordance with FAR 16.504(c)(1)(i), the government hereby gives preference to making multiple awards of Indefinite Delivery Indefinite-Quantity contracts under this portable toilet facilities requirement, i.e., solicitation, for the same or similar supplies or services to two (2) or more responsible and responsive sources. Therefore, FEMA reserves the right to award the FFP-IDIQ contract to multiple awardees. The contract includes applicable support equipment and ancillary services. The government’s needs herein are defined as “LE,” which consists of line items LE-002, LE-002A, LE-009 and LE-016 (described in paragraphs 5.0, LE Contents, and Table 5.0-1.

Contractors shall provide individual services listed in paragraph 5.1, LE-002: Leased Portable Toilets, on an a la carte basis, as requested by FEMA for rapid deployment under emergency conditions. The contractors shall provide an on-site Technical Representative, who is responsible for 100 percent of the contractor’s operations. The technical representative shall be an authorized official, who has legal-signatory authority on behalf of its company to make contractual decisions, and to legally-bind its company. The technical representative shall facilitate communication with the FEMA Contracting Officer Representative (COR), which includes submitting daily status reports to the COR.

3.0 Deliverables and Delivery Schedule

Emergency Response/Surge Delivery:

3.1 During Emergency Response/Surge Operations, a contract awardee shall be able to deliver leased portable and accessible toilet facilities and applicable support equipment. The contract awardee(s) shall also provide ancillary services listed in paragraphs 5.0 and 5.1 on an a la carte basis as requested by FEMA. The contract requirement is for emergency response, requiring that, at a minimum, 75 percent of leased portable toilet facilities and applicable support equipment, with ancillary services, be delivered on-site within 72 hours of a FEMA Task Order being issued and accepted.

3.1.1 FEMA Task Orders -shall require the contractor to perform contracted-services at any geographic location within the Contiguous United States (CONUS). The contractors shall have all remaining leased portable toilet facilities, with support equipment and ancillary services, delivered on-site within 96 hours of a FEMA Task Order being issued and accepted.

3.1.2 The contractor shall have the requisite capacity and capabilities to make any and all deliveries during normal and adverse conditions, 24 hours a day/7 days a week. The contractors shall have all leased toilet facilities and all applicable support equipment assembled, set-up, and operational within 12 hours of on-site delivery. The contractor shall seek the written, prior approval of both the FEMA Contracting Officer and COR, whenever the contractor seeks any substitutions for leased equipment-or products, or, whereby the contractor requests partial deliveries. The contractor shall remove all leased portable toilet trailers/containers to include all support equipment within the negotiated time frame, as stated within any executed task order.

3.1.3 Contractor (s) shall provide a plan to ensure that any required repairs and replacements of any and all failed equipment is executed within 24 hours of notification. The Contractor shall notify the FEMA Contracting Officer and the COR, with a courtesy-copy to the contract specialist, in writing, via the requisite e-mail addresses provided in Block 20 of the Standard Form 1449 (SF-1449), of any and all equipment or product malfunctions. The contractor shall use the daily report format attached for daily reporting. Upon the award of a Task Order, contract awardees are responsible for providing written daily reports to the FEMA COR. See paragraph 9.0—Schedule of Deliverables.

3.1.4 Contractor (s) shall provide a resource plan to include equipment and staffing capabilities to meet the requirements outlined within the PWS. The contractor shall provide equipment inventory numbers to include location (i.e. city and state) of pre-staged equipment and support equipment. Also, the contractor (s) shall provide pictures, diagrams, drawings, configuration data and equipment specifications to substantiate their compliance with FEMA’s Performance Work Statement for this leased portable facilities requirements.

3.1.5 Contractor(s) shall provide an on-site technical representative. The technical representative shall be an authorized official, who has legal-signatory authority on behalf of the company. The technical representative shall possess the legal authority to make contractual decisions, and to legally-bind the company. The technical representative shall facilitate communication with the FEMA COR, which includes submitting daily status reports. The contractor shall provide an organizational chart and list of key personnel.

3.1.6 The contractor shall provide a detailed staffing plan to identify how the contractor intends to provide personnel to support the on-site technical representative, janitorial and maintenance requirements. The staffing plan shall demonstrate the contractor’s capability to increase and decrease personnel dependent upon the size of the requirement and size of the disaster. Additionally, the staffing plan shall include how the contractor intends to ensure personnel sustainability (e.g. work schedule, staff turnover and staff replacement). The staffing plan shall include quantity of personnel and labor type category based on minimum and maximum portable toilet equipment identified. Also, the contractor’s staffing plan shall address any special training or skills required and how the vendor shall ensure compliance. Finally, the contractor’s staffing plan shall identify all key personnel required to support the portable toilet trailer/container requirements.

4.0 Recordkeeping and Acceptance:

4.1 The government COR’s or the authorized FEMA representative’s signature does not constitute the government’s Inspection and Acceptance of any and all contract deliverables. This signature serves to document only that the equipment was delivered to a particular location.

4.2 In the absence of the FEMA COR being on-site, an authorized FEMA representative will sign for the receipt of any and all leased equipment and contracted services at each location. Any authorized FEMA representative shall clearly print, and sign their full name, provide their title, and provide their e-mail address and phone number on any contractor receipt, e.g., Bill of Lading, Work Order, Invoice, etc.

4.3 The Contractor shall maintain daily records of all equipment shipments and deliveries, including the government’s signed acknowledgment of all contract deliverables. The contractor shall ensure that either the FEMA COR or an authorized FEMA representative has provided the proper signature, title, and contact information for verifying the deliveries of any and all contracted-equipment and ancillary services. The requisite signature and contact information shall be obtained on a daily basis, to provide for accurate documentation which supports proper invoicing procedures, and prompt payments.

5.0 LE Contents

Min/Max

Note 1: For items marked Accessible** ramps must include 12' of ramp for every 1' in rise

Min: 6 – Max: 600

Min: 2,000 Gal - Max: 200,000 Gal

Min: 1 - Max: 45

Table 5.0 -1

Note: The minimum and maximum quantities displayed in Table 5.0 -1 do not reflect the contractual minimum and maximum quantities a single vendor is expected to deliver. Multiple contract awardees will be used to encompass vendor capabilities and capacities to achieve the agency’s maximum quantity goals in support of individual disaster events.

5.1 LE-002: Leased Portable Toilets: Requirement consists of leased portable toilet facilities, including any and all requisite janitorial and maintenance services. Leased portable toilet facilities’ delivery is defined as self-contained mobile toilet trailers or containers with individual toilet stalls, sink basins and all accessories, including, but not limited to: bath tissue, paper towels, hand soap, power source; water bladders/onboard tanks; fresh water delivery and grey/waste water removal service; hot/cold water and internal/external lighting.

5.1.1The contractor shall provide all management, tools, equipment, and labor necessary to deliver, lease, and service portable toilets. The contractor must have the requisite capacity and capabilities to securely and safely anchor portable facilities to the ground to prevent turnover and spillage.

5.1.2 The leased portable toilet facilities shall be segregated and marked conspicuously by gender (i.e. male and female). All units shall be fully cleaned and serviced at least once daily: seven (7) times per week, or, as directed by the FEMA Contracting Officer, via the appointed COR or the authorized, on-site FEMA representative. The contractor shall collect all waste water with vacuum trucks and transport the waste off-site for disposal at authorized water treatment facilities. When available and authorized, public utilities shall be utilized. Contractors must be able to respond to unscheduled cleaning and waste water treatment or disposal within an eight-hour (8-hour) notification. The contractor shall ensure that any and all fresh water and grey water stored in water bladders or tanks does not freeze in sub-freezing temperatures.

5.1.3 The contractor’s ancillary servicing responsibilities include, but are not limited to:

ceilings.

h. Contractor shall provide a 7-day/24 hour service telephone number in case of routine or emergency repairs. No portable toilets shall be inoperable for more than 24 hours.

i. Remove all portable trailers/containers and associated equipment within the negotiated time frame as stated within any executed task order.

5.2 LE-002A: Leased Portable Toilets (*Accessible): Requirement consists of accessible portable toilet facilities, including ancillary janitorial and maintenance service. Accessible portable toilets delivery is defined as self-contained mobile toilet trailers or containers with individual stalls and all accessories, including, but not limited to: bath tissue, paper towels, hand soap, power source, water bladder; fresh water delivery and grey/waste water removal service; hot/cold water and internal/external lighting. The contractor shall provide accessible portable restroom trailers and/or portable toilets in compliance with all applicable OSHA 29 CFR 1910 and 29 CFR 1926 standards and requirements and all federal, state and local laws and regulations: https://www.osha.gov/law-regs.html.

These units shall be designed and certified for use by the Portable Sanitation Association International. The contractor must submit an acknowledgement and understanding of all accessible portable toilet requirements. Also, offerors must describe their technical approach ensuring compliance with ADA legal regulatory requirements. In addition, offerors are required to submit pictures along with drawings and trailer/container configuration specifications to validate their accessible toilets are in compliance with ADA standards.

5.2.1 The contractor shall provide one (1) accessible portable toilet for every two (2) portable toilets leased per 100-person shelter facility. Accessible is defined as compliance with the Department of Justice (DOJ) 2010 Americans with Disabilities Act (ADA) Standards for Accessible Design dated September 15, 2010. See the link provided for full text of document: http://www.ada.gov/2010ADAstandards_index.htm. Additionally, for contracted accessible portable toilet equipment identified as accessible, contractor shall include a 12-foot (12’) ramp for every one-inch (1') rise to provide access to the portable restroom toilet trailer.

5.2.2 The contractor shall provide all management, tools, equipment, and labor necessary to deliver, lease, and service accessible portable toilets. The contractor must have the capacity and requisite capabilities to securely and safely anchor portable facilities to the ground to prevent turnover and spillage.

5.2.3 The leased accessible portable toilet facilities shall be segregated and marked conspicuously by gender (i.e. male and female). All units shall be fully cleaned and serviced at least once daily: seven (7) times per week, or as directed by the FEMA Contracting Officer Representative (COR) or an authorized, on-site FEMA representative. The contractor shall collect all waste water with vacuum trucks and transport the waste off-site for disposal at authorized water treatment facilities. When available and authorized, public utilities shall be utilized. Contractor must be able to respond to unscheduled cleaning and waste water treatment or disposal within an eight-hour (8-hour) notification. The contractor shall ensure that any and all fresh water and grey water stored in water bladders or tanks does not freeze in sub-freezing temperatures.

5.2.4 The contractor’s ancillary servicing responsibilities include, but are not limited to:

5.3 LE-009: Potable Fresh Water Service: Requirement consists of daily delivery of potable fresh water for use at designated disaster shelters and kitchen facilities. The contractor shall provide all management, tools, equipment, labor, and supervision necessary to deliver potable fresh water daily to designated survivor shelters or kitchen facilities. The contractor shall provide all management, tools, equipment, labor, and supervision for tear down and removal of water and water infrastructure when required by FEMA COR or an authorized FEMA on-site representative.

5.3.1 Potable water is defined as fresh drinking water of a quality not less than that prescribed in the following:

Current Drinking Water Standards, as published by the United States Environmental Protection Agency (EPA), Office of Water and shall comply with specifications of the National Primary and Secondary Drinking Water Regulations (NPDWR) http://water.epa.gov/drink/contaminants/index.cfm.

5.3.2 The contractor shall provide fresh drinking water for delivery from sources which meets the aforementioned-EPA standards--and which complies with the NPDWR specifications. If the water source does not meet the EPA-standards or the NPDWR specifications of potable water, the contractor shall be required to provide water from an alternate NPDWR-compliant source at no additional cost to the government.

5.3.3 The contractor shall provide and setup portable water bladders or portable cistern tanks needed to establish a fresh water supply infrastructure for use at the survivor shelter and/or kitchen shelter facilities. The contractor shall provide an appropriate and operational heating mechanism or equipment to ensure portable water bladders or cistern tanks do not freeze during sub-freezing temperatures. The contractor may provide multiple size bladders or cistern tanks to meet quantities identified in the FEMA Task Order. The contractor’s services, operations and maintenance activities include, but are not limited to:

5.4 LE-016: Grey Water (2,000-Gallon Tank) Services: Requirement consists of procuring a 2,000-Gallon capacity tank for Grey Water collection with removal and disposal services. The contractor shall provide all management, tools, equipment, and labor necessary to lease, deliver, and service 2,000-gallon capacity tanks to collect grey water for use at designated disaster kitchen facilities. The contractor shall ensure all delivered tanks are suitable for their intended use. All grey water tanks will be fully serviced at least once daily: seven (7) times per week, as often as the site-capacity requires or as directed by the Contracting Officer Representative (COR) stated in the FEMA Task Order. The contractor shall collect all grey water with vacuum trucks and transport it off-site for disposal at authorized water treatment facilities. When available and authorized, public utilities shall be utilized. The contractor shall ensure that any and all grey water stored in tanks does not freeze in sub-freezing temperatures.

5.5– Unless approved by the cognizant FEMA Contracting Officer, FEMA leased-toilet facilities and support equipment are not to be substituted, and contracted services are not to be changed. The contractor assumes any and all risks and legal liability for any performance outside any awarded FEMA contract, i.e., Task Order.

6.0 Place of Performance:

During a disaster response, the FEMA Task Order will determine the place of performance for the leased toilet facilities, and ancillary services. This includes but is not limited to designated shelters, kitchens and warehouse facilities. The applicable Service Contract Act (SCA) Wage Determination will be included in the Task Order, once the place of performance has been identified, i.e., is known.

7.0 Period of Performance

The period of performance shall become effective on the date of contract award and remain in effect for one (1) Base Period: 12-months in duration. If exercised, the contract will include four (4) 12-month Option Periods.

8.0 Packaging

Due to the many unknown-circumstances which can arise during emergency response conditions, packaging requirements, if applicable, will be determined at the time the FEMA Task Order is awarded.

9.0 Schedule of Deliverables

9.1 Daily Reports - Upon award of a Task Order, contract awardees are responsible for providing the following daily reports to the FEMA COR:

1) Total portable and accessible toilet facilities and support equipment items by type with operational status (e.g. 16 out of 18 portable toilets operational, 2 toilets inoperable (e.g. awaiting parts, service…etc.)).

2) Total support equipment items by type with operational status (e.g. 2 out of 3 generators operational, 1 generator in-operable (e.g. awaiting parts, service…etc.)).

3) Total equipment by type and status of cleaning/service activities completed with completion time (e.g. 20 of 20 portable or accessible toilets cleaned and serviced by 7:00am);

4) Total number of water bladders (i.e. fresh water/waste water) and status of servicing activities to include water deliveries and waste water removal activities completed with completion time (e.g. 1 of 1 water bladders filled and 1 of 1 waste water bladders drained by 7:00am);

5) Total number of equipment currently under repair – specifically show date equipment identified as non-operational and corrective action plan (e.g. 2 portable toilets found to be non-operational at 5:00pm on July 26 – projected repair date/time by 4:00 pm on July 27th).

6) The contractor shall provide written notice of any other limiting equipment factors and constraints to the FEMA COR.**

**Contractors shall provide additional information for clarification as needed, and every effort shall be made to clearly convey all challenges, and, the status of all forthcoming remedies.