USVI Commodities SOW.docx

Statement of Work For “USVI Commodity Pre-Staging Plan”

March 17, 2010

1 BACKGROUND & INTRODUCTIONS

FEMA Region II currently has the task of supporting the United States Virgin Islands (USVI) with Disaster Response and Recovery efforts. A major part of the initial response effort revolves around Initial Response Resources (IRR). These resources include life sustaining items such as water and meals. They also include items like tarps; plastic sheeting and sandbags that are needed to mitigate damage before a Hurricane or temporarily repair damage after an incident such as a hurricane earthquake or tsunami etc

2 SCOPE

1. The scope of this U. S. Virgin Islands (USVI) Pre-Staging Commodities is to establish a contract with a contractor to have commodities loaded by FEMA personnel into contractor provided conventional containers, picked up either from Naval Activity Puerto Rico or FEMA Distribution Center Caribbean (Puerto Rico), delivered to the Puerto Rico LCL Cargo Facility (or to an alternate site designated by FEMA on Puerto Rico) and finally vesseled to various ports in the USVI. There would be two different push packages (one for St. Croix and one for St. Thomas) that could be activated depending on the predicted path or severity of the incident. In almost all cases, due to the inability to accurately gauge the exact path of a storm or occurrence of an incident (hurricane, earthquake, tsunami, etc…) these containers will need to be vesseled, and both packages will be deployed. These commodities would sustain the initial responder and disaster survivor needs until the supply chain can be restocked via military or commercial air and sea transport.

The Contractor will store the containers loaded with FEMA commodities until after the storm strike at their respective ports on St. Thomas and St. Croix. If the storm hits one of the aforementioned islands, the contractor will transfer custody of the container contents to FEMA.

If the storm misses one or all of the aforementioned US Virgin Islands, the contractor will either transport the containers and its contents to the other affected island(s) or return them to Puerto Rico and ultimately FEMA Distribution Center (DC) Caribbean and/or Naval Activity Puerto Rico where the contents of the containers will be off loaded by FEMA personnel.

This will be a FEMA Headquarters Logistics Management Directorate Distribution Management controlled contract which will be activated via request of the Region II RRCC based on information from the National Weather Service, Caribbean Area Division and IMAT teams. This action typically will be executed around 72hrs pre-storm. The contractor will guarantee availability of a vessel on a 24/7 basis if need be for emergencies and will sail until they are not allowed by law to sail anymore due to hazardous weather conditions.

3 SPECIFIC TASKS/ TECHNICAL REQUIREMENTS

The contractor shall be directly responsible for ensuring the accuracy, timeliness and completion of all tasks under this effort. Specifically, the contractor shall:

· Pickup commodities from either the Naval Activity Puerto Rico or FEMA Distribution Center Caribbean (Puerto Rico), loaded into conventional containers.

The Following is the list of Push Package Commodities required for each island:

Push Package to St. Thomas:

· Meals: 35,000 needed

· 72 Pallets (can be double stacked on standard trailer)

· Approx 576 meals per pallet (40”x48”pallet)

· 41,472 meals

· Water: 58,000 liters needed

· 60 Pallets 900 liters per pallet(40”x48”pallet)

· 54,000 liters of water Push Package to St. John (Will be combined with the shipment to STT):

· Meals: 2500

· 12 Pallets (can be double stacked on standard trailer) Approx 576 meals per pallet(40”x48”pallet)

· 6,912 meals

· Water: 4,200 liters

· 12 Pallets per container

· 900 liters per pallet(40”x48”pallet)

· 10,800 liters of water

Push Package to St. Croix

· Meals: 35,000 needed

· 72 Pallets (can be double stacked on standard trailer) Approx 576 meals per pallet(40”x48”pallet)

· 41,472 meals

· Water: 58,000 liters needed

· 60 Pallets

· 900 liters per pallet(40”x48”pallet)

· 54,000 liters of water

· delivered to :

· the Puerto Rico LCL Cargo Facility @:

Port of San Juan 274 Po Concepción de Gracia San Juan 00901, Puerto Rico

· (Or to an alternate site designated by FEMA on Puerto Rico).

Resources will be subsequently vesseled to various ports in the USVI (see below)

Anticipated Ports of Arrival:

· St. Thomas:

Crown Bay Seaport Charlotte Amalie, St. Thomas 00803

· St. Croix:

The Container Port Seaport Kingshill, St Croix 00851

In almost all cases, due to the inability to accurately gauge the exact path of a storm at the time these containers need to be vesseled, both packages will be deployed.

The Contractor will store the containers loaded with FEMA commodities until after the storm strike at their respective ports on St. Thomas and St. Croix. If the storm hits one of the aforementioned islands, the contractor will transfer custody of the container contents to FEMA.

If the storm misses one or all of the aforementioned Virgin Islands, the contractor will either vessel the containers and its contents to the other affected island(s) or return them to Puerto Rico and ultimately FEMA DC Caribbean and/or Naval Activity Puerto Rico where the contents of the containers will be off loaded by FEMA personnel. This will be determined by the nature of the event and will have various costs associated with each aforementioned action.

This will be a FEMA Headquarters Logistics Management Directorate Distribution Management controlled contract which will be activated via request of the Region II RRCC based on intelligence from the National Weather Service, Caribbean Area Division and IMAT teams. This action typically will be executed around 72hrs pre-storm. The contractor will guarantee availability of a vessel on a 24/7 basis if need be for emergencies and will sail until they are not allowed by law to sail anymore due to hazardous conditions.

3.1 Limited Use of Data

Performance of this effort may require the contractor to access and use data and information proprietary to a Government agency or Government contractor which is of such a nature that its dissemination or use, other than in performance of this effort, would be adverse to the interests of the Government and/or others.

The contractor and/or contractor personnel shall not divulge or release data or information developed or obtained in performance of this effort, until made public by the Government, except to authorized Government personnel or upon written approval of the Contracting Officer (CO). The contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as required in the performance of this effort. Nothing herein shall preclude the use of any data independently acquired by the contractor without such limitations or prohibit an agreement at no cost to the Government between the contractor and the data owner which provides for greater rights to the contractor.

3.2 Hours of Work

Contractor personnel are expected to be available on a 24hrs/7 day basis if need be for emergencies and will sail until they are not allowed by law to sail anymore due to hazardous conditions.

3.3 Productive Direct Labor Hours

The contractor can only charge the Government for “Productive Direct Labor Hours”. “Productive Direct Labor Hours” are defined as those hours expended by Contractor personnel in performing work under this effort. This does not include sick leave, vacation, Government or contractor holidays, jury duty, military leave, or any other kind of administrative leave such as acts of God (i.e. hurricanes, snow storms, tornadoes, etc) Presidential funerals or any other unexpected government closures.

3.4 Payment for Unauthorized Work

No payments will be made for any unauthorized supplies and/or services or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of their own volition or at the request of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and conditions under this effort.

3.5 Contractor Personnel

The Contractor shall be responsible for managing and overseeing the activities of all Contractor personnel, as well as subcontractor efforts used in performance of this effort. The Contractor's management responsibilities shall include all activities necessary to ensure the accomplishment of timely and effective support, performed in accordance with the requirements contained in the statement of work. Resumes submitted for employees assigned to perform under this statement of work shall contain documented experience directly applicable to the functions to be performed. Further, these prior work experiences shall be specific and of sufficient variety and duration that the employee is able to effectively and efficiently perform the functions assigned.

3.5.1 Project Manager

The Contractor shall provide a Project Manager to facilitate Government-Contractor communications. The Project Manager shall be the primary technical and managerial interface between the Contractor and Contracting Officer (CO) and the Contracting Officer’s Technical Representative (COTR) located at Federal Emergency Management Agency (500 C ST SW Washington, DC 20472). The name of this person, and an alternate or alternates, who shall act for the contractor when the Manager is absent, will be designated in writing to the CO. The Project Manager or alternate will have full authority to act for the contractor on all contract matters relating to daily operations.

The Project Manager or alternate must be available during normal duty hours, as specified herein and to meet with government personnel within 24 hours to discuss problems.

The Contractor's Project Manager shall meet with the CO/COTR as necessary to maintain satisfactory performance and to resolve other issues pertaining to Government/Contractor procedures. At these meetings, a mutual effort will be made to resolve any and all problems identified. Written minutes of these meetings shall be prepared by the Contractor, signed by the Contractor's designated representative, and furnished to the Government within two (2) workdays of the subject meeting.

The Project Manager and alternate or alternates must be able to read, write, speak, and understand English.

3.6 Key Controls

The contractor shall establish and implement methods of making sure all keys issued to the contractor by the government are not lost or misplaced and are not used by unauthorized persons. The contractor shall not duplicate any keys issued by the government. The contractor shall immediately report to the COTR any occurrences of lost or duplicated keys.

In the event keys, other than master keys, are lost or duplicated, the contractor may be required, upon written direction of the COTR, to re-key or replace the affected lock or locks at no cost to the government. The government may, however, at its option, replace the affected lock or locks or perform re-keying and deduct the cost of such from the monthly payment due the contractor. If a master key is lost or duplicated, the government must replace all locks and keys for that system and the total cost deducted from the monthly payment due the contractor.

The contractor must prohibit the use of keys issued by the government by any persons other than the contractor's employees. Opening of locked areas by contractor employees to permit entrance of persons other than contractor employees engaged in performance of work requirements in those areas is prohibited.

3.7 Emergency or Special Event Services

Occasionally, the Contractor may be required to perform and/or provide services outside the normal hours of duty. These occasions will be infrequent and require services be performed after normal working hours in the evening and/or weekends (Saturday and Sunday). The COTR and the contractor will mutually agree upon any/all deviations to the schedule.

4 PLACE(S) OF PERFORMANCE

The work will be performed on-site at FEMA Warehouse Manaubo, Puerto Rico or Naval Activity Ceiba, PR and at the Contractor's site on Puerto Rico and the U.S. Virgin Islands (St. Croix and St. Thomas). Services may be provided off-site, on-site, or a combination of, depending on program requirements. The anticipated places of performance shall be at the contractor site(s) and sites identified by the COTR during performance of this effort. The places of performance include, but are not limited to, the contractor’s office and locations throughout the U.S Puerto Rico and the U.S. Virgin Islands. However, the majority of the work will be performed at the Government facility, located at Naval Activity Ceiba, Puerto Rico.

5 PERIOD OF PERFORMANCE

The period of performance for this effort is date of award for a period of one (1) year thereafter, hereto referred to as the Base Period. This effort includes four (4) option periods, which may be unilaterally exercised by the Government. Each option period shall not exceed one year in duration, unless mutually agreed upon and a formal modification issued. All terms and conditions applicable to the base period shall extend to the options unless otherwise agreed upon. The option period is subject to the availability of funds.

6 TYPE OF CONTRACT:

FIRM FIXED PRICE – The contractor shall provide a deliverable schedule with line item pricing per deliverable. Detailed pricing will be provided per deliverable. Invoices will be submitted upon successful delivery and government acceptance of each deliverable. If deliverable schedule is not provided, the contractor will not invoice until all deliverables have been successfully delivered and approved by the government.

7 DELIVERABLES/DELIVERABLE SCHEDULE

In fulfillment of this effort, the Contractor shall provide the following deliverables. All deliverables shall be submitted to the COTR, unless otherwise agreed upon.

Unless otherwise specified, the Government will have a maximum of twenty (20) working days from the day the draft deliverable is received to review the document, provide comments back to the contractor, approve or disapprove the deliverable(s). The contractor will also have a maximum of twenty (20) working days from the day comments are received to incorporate all changes and submit the final deliverable to the Government. All days identified below are intended to be workdays unless otherwise specified.

Deliverables will include original paperwork with the legible signature and printed name of a designated Government employee from point of pickup as well as point of delivery.

7.1 Project Plan

The contractor shall prepare a Project Management Plan describing the technical approach, organizational resources and management controls to be employed to meet the cost, performance and schedule requirements for this effort. The Project Management Plan shall detail the products, methods for developing the products, allocation of staff and other resources necessary to produce the products and a revised timeline for producing the products, if necessary. The COTR shall receive the revised Project Management Plan in both hard copy and electronic form, Microsoft Word. Based on the Project Management Plan, the Contracting Officers Representative (COTR) will provide approval to move forward on activities planned. The contractor shall request prior approval on all activities not included in the plan or any modifications to the plan after approval has been given. (Draft due with proposal / final due ten days after award)

7.2 Status Report

The contractor shall provide a final report, to the COTR, at the conclusion of this effort. The report will summarize objectives achieved, significant issues, problems and recommendations to improve the process in the future (Expended Costs). This report will include, but not be limited to the following:

1. Copies of all shipping reports.

2. Copies of Bills of Lading.

3. Damage Reports (if applicable complete with photographs)

7.3 Deliverable Inspection and Acceptance Criteria

Final inspection and acceptance of all work performed, reports and other deliverables will be performed at the place of delivery by the COTR or his designee.

7.3.1 Deliverable General Acceptance Criteria

General quality measures, as set forth below, will be applied to each work product received from the contractor under this statement of work.

· Accuracy Work Products shall be accurate in presentation, technical content, and adherence to accepted elements of style.

· Consistency to Requirements All work products must satisfy the requirements of this statement of work.

· Timeliness Work Products shall be submitted on or before the due date specified in this statement of work or submitted in accordance with a later scheduled date determined by the Government.

7.3.2 Deliverable Quality Assurance

The COTR will review, for completeness, preliminary or draft documentation that the Contractor submits, and may return it to the Contractor for correction. Absence of any comments by the COTR will not relieve the Contractor of the responsibility for complying with the requirements of this work statement. Final approval and acceptance of documentation required herein shall be by letter of approval and acceptance by COTR. The Contractor shall not construe any letter of acknowledgment of receipt material as a waiver of review, or as an acknowledgment that the material is in conformance with this work statement. Any approval given during preparation of the documentation, or approval for shipment shall not guarantee the final acceptance of the completed documentation.

8 ADMINISTRATIVE CONSIDERATIONS

8.1 Correspondence

To promote timely and effective administration, correspondence shall be subject to the following procedures:

a) Technical correspondence (where technical issues relating to compliance with the requirements herein) shall be addressed to the Contracting Officer’s Technical Representative (COTR) with an information copy to the Contracting Officer (CO) and the Contract Administrator (CA).

b) All other correspondence, including invoices, (that which proposes or otherwise involves waivers, deviations or modifications to the requirements, terms or conditions of this SOW) shall be addressed to the Contracting Officer with an information copy to the COTR.

8.2 Points of Contact

8.2.1 Contracting Officer’s Technical Representative (COTR)

a) The Contracting Officer’s authorized technical representative, for this effort is as follows:

Federal Emergency Management Agency (FEMA) Logistics Management Directorate Plans and Exercises Division 500 C Street SW Washington, DC 20472 POC: Russell C, Gilroy, (202)646-3905 fax (202)646-2668

b) The COTR is the individual within the Program Management function who has overall technical responsibility for this effort. The COTR supports the CO/CA during administration of this effort by:

1) Making final decisions regarding any recommended rejection of deliverables;

2) Providing technical clarification relative to overall workload matters;

3) Providing advice and guidance to the Contractor in the preparation of deliverables and services;

4) Providing acceptance of deliverable products to assure compliance with requirements.

c) The COTR also provide technical direction to the Contractor, i.e., shifting work emphasis between areas of work; fills in details, or otherwise serves to accomplish the purposes of this effort. Technical direction shall be within the general statement of work for this effort. The COTR does NOT have the authority to and may NOT issue any technical direction which:

1) Constitutes an assignment of work outside the general scope of this effort;

2) Constitutes a change as defined in the “Changes” clause;

3) In any way causes an increase or decrease in cost or the time required for performance;

4) Changes any of the terms, conditions, or other requirements of this effort; and

5) Suspends or terminates any portion of this effort.

d) All technical direction shall be issued in writing by the COTR or will be confirmed by the COTR in writing within ten calendar days after verbal issuance. A copy of the written direction shall be furnished to the CO and the CS.

e) In addition to providing technical direction, the COTR will:

1) Monitor the Contractor’s technical progress, including surveillance and assessment of performance, and recommend to the CO and CA, any changes in the requirement;

2) Assist the Contractor in the resolution of technical problems encountered during performance; and

3) Perform inspection and acceptance or recommendation for rejection of Contractor deliverables and identify deficiencies in delivered items. This does not replace any other quality assurance inspection requirements that are specified elsewhere within this SOW.

f) If in the opinion of the Contractor, any instruction or direction issued by the COTR is outside of their specific authority, the Contractor shall not proceed but shall notify the CO in writing within 5 working days after receipt of any instruction or direction, with an informational copy to the CS.

8.2.2 Contracting Officer

All contract questions and concerns will be directed to the Government Contracting Officer. The Government Contracting Officer is the only individual with the authority to financially obligate the government and to make changes to original terms and conditions of this contract.

The contractor is responsible for notifying the contracting officer of any potential issues or concerns – technical, scope or financial, concerning this contract.

The Contracting Officer (CO) for this effort is as follows:

Attn: Julieann L. Phillips, 202-646-3234 (o), Julieann.phillips@dhs.gov

8.2.3 Contract Administration

The Contract Specialist (CS) for this effort is as follows:

Attn: Rahsaan Edwards, 202-646-5786(0), 202-646-3318(f), Rahsaan.Edwards@dhs.gov

9 INVOICING

Payment request must conform to the requirements identified in FAR 32.905(b), “Payment Documentation and Process” and FAR 52.232-25, “Prompt Payment (OCT 2003)”. To ensure the timely processing of invoices, uses the contractor information in the Central Contractor Registration (CCR) database as one of the components for validating contractor registration. It is the responsibility of the contractor to submit accurate and current CCR information. Failure to register and maintain CCR information, or if it has expired, been suspended, been deleted, or could not be found, will result in rejection of your invoice. An invoice submitted during the period for which information in the CCR could not be verified must be resubmitted for payment after successfully registering or updating registration in CCR. Contractors are encouraged to review their CCR information to ensure the most current information is available for

The CCR Assistance Center is available to provide assistance and answer questions. They can be reached at 1-888-227-2423 or on the web at http://www.ccr.gov.

9.1 Invoice Submission

The vendor must submit an invoice for payment no later than thirty calendar days after the end of the month of performance of services for each month services are performed. The vendor must notify the contracting officer in writing if the invoice will not be submitted within the specified time frame. Invoices MUST be submitted ELECTRONICALLY.

The contractor is responsible for ensuring invoices submitted are accurate and complete, and all labor, travel and other direct costs are in accordance with federal guidelines, the FTR and other Government mandates and directives.

Additional supporting documentation MAY BE REQUESTED at the discretion of the COTR.

9.2 Invoice Contents

The Contractor shall develop a payment schedule based on deliverables, and will be reviewed by both the COTR and contracting officer. If payment schedule is acceptable to the Government, the contractor shall bill based on the deliverable schedule accepted by the government.

The invoice will contain:

9.2.1 CLIN/Item number of deliverable

9.2.2 Description of deliverable

9.2.3 Price of deliverable

9.2.4 Qty of deliverable

9.2.5 Date deliverable was provided to the government for inspection.

9.3 Invoice Payment

9.3.1 Payments under this order will be due 30 calendar days after the date of actual receipt of proper invoice in the office designated to receive the original invoice or final acceptance of the goods or services, whichever is later.

9.3.2 The date of the check issued in payment or the date of payment by wire transfer through the Treasury Financial Communications System shall be considered to be the day payment is made.

9.4 Final Invoice

Within sixty calendar days of product acceptance and/or completion of services:

a) The contractor shall submit a final invoice, designated as such by a clear statement of “FINAL INVOICE” on the face of the invoice document.

b) The contractor shall provide a certificate of completion which certifies all goods and service have been provided as required by this task order.

c) The contractor shall provide a release of claims against the government for any further payment under this task order.

The sixty calendar day submission timeframe shall not be extended without written authorization from the contracting officer. In the event items a, b, or c above are not submitted within the authorized timeframe, the contracting officer will make final cost determinations in order to make final payment and close out the contract unilaterally.

9.4.1 Access To Government Property or Facilities

The Contractor will be allowed limited access to the Government's facilities, as specified below:

Naval Activity Puerto Rico (Roosevelt Roads Old Navy Base East Coast of PR Road 3, Exit 10 (Aguas Claras) Bldg 2394 Ceiba, PR 00735. It will be necessary for the contractor to provide the following information on any personnel requiring access: Name, Truck number and copy of pick up orders prior to their arrival.

10 PERSONNEL REQUIREMENTS

11.1 Key Personnel

Key Personnel Definition

Certain skilled experienced professional and/or technical personnel are essential for accomplishing the work to be performed. These individuals are defined as “Key Personnel” and are those persons whose resumes were submitted and marked by the vendor as “Key Personnel”. No substitutions shall be made of accepted key personnel except for sudden illness or death, or termination of employment. Substitutions shall only be accepted if in compliance with “Substitution of Key Personnel” provision identified below.

Key Personnel Designation

For the purpose of the overall performance of this effort, the Contractor’s Project Manager shall be designated as a key person.

The Project Manager shall be the Contractor’s authorized point of contact with the Government CO and the COTR. The Project Manager shall be responsible for formulating and enforcing work standards, assigning schedules, reviewing work discrepancies, and communicating policies, purposes, and goals of the organization to subordinates.

Key Personnel Substitution

All Contractor requests for approval of substitutions hereunder shall be submitted in writing to the COTR and the Contracting Officer at least twenty-five (25) calendar days in advance of the effective date, whenever possible, and shall provide a detailed explanation of the circumstances necessitating the proposed substitution, a complete resume for the proposed substitute, and any other information requested by the Contracting Officer necessary to approve or disapprove the proposed substitution. An interview may also be requested. The COTR and the Contracting Officer will evaluate such requests and promptly notify the Contractor of approval or disapproval in writing.

Personnel Performance/Replacement

The contractor shall provide a resume for each individual assigned to work on this effort.

Personnel assigned to this contract will not be removed.

The Government reserves the right to judge the technical skill and competence of the individual and to require the individual’s replacement if the individual’s qualifications or performance are judged deficient at any time with written notification.

The Government reserves the right to judge the qualifications and acceptability of any individual proposed by the contractor for any position, and may require the contractor to replace an individual whose qualifications and suitability are judged deficient with written notification.

The Government requires from the contractor to identify key personnel for the total period of the project. The execution of project tasks will be subject to the precise assignment of specific individuals identified as key personnel. The contractor must ensure the continued assignment of personnel from project start to project finish. In the event an individual become incapacitated or leaves the company, it is the responsibility of the contractor to have qualified and/or cleared (if required) individuals on staff to accomplish the task with a minimal learning curve.

For temporary and/or permanent replacement personnel, the contractor shall provide a resume for each individual (Reference 15.2.2) prior to that individual’s reporting for work on this effort.

11 CONFIDENTIALITY

All information regarding the procedures developed under this task order must be regarded as sensitive information by the Contractor and not to be disclosed to anyone outside the Contractor’s organization without the written permission of the Contracting Officer.