INF_AT_OCT20_Portable_Toilet_PWS.DOCX

PERFORMANCE WORK STATEMENT (PWS)

FOR

3-172 IN (MTN) FY21 Annual Training Portable Toilet & Hand Washing Station Requirement

1.0 General:

1.1 Scope: The contractor shall provide all personnel, equipment, tools, materials, supervision, and quality control necessary, except as specified in Paragraph 3.0 as Government Furnished, to provide catered meals, as defined in this PWS.

1.2 Background: The Vermont Army National Guard anticipates purchasing portable-toilet and hand-washing station services in accordance with this Performance Work Statement. The vendor must provide timely delivery and cleaning of all portable toilets and hand-washing stations to the 3-172 IN Battalion, 86th IBCT (MTN), VTARNG. The portable toilets are in support of Soldiers attending FY21 Annual Training conducted at Camp Ethan Allen Training Site (CEATS) in Jericho, VT.

1.3 Period of Performance (PoP): The Period of Performance shall be 11 total days, from 16-26OCT2020.

1.4 General Information: This contract will fulfill portable-toilet (quantity: 40) and hand-washing station (quantity: 12) requirements for 3-172 IN (to include attachments for AT) only. No other personnel training/working at CEATS will be supported by this contract.

1.4.1 Quality Control (QC): The contractor shall develop and maintain an effective QC Plan (QCP) 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 QCP is the means by which it assures itself that its work complies with the requirements of the contract. At a minimum, the contractor shall develop QC procedures that address the areas identified in Technical Exhibit 1, Performance Requirements Summary (PRS).

1.4.2 Quality Assurance (QA): The Government 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 Government will 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 acceptable quality level(s) or defect rate(s).

1. A Contracting Officer’s Representative will be appointed after contract award to oversee the contractor’s performance. The COR is not authorized to make any changes affecting price, quality, quantity, delivery or any other term or condition of the contract.

2. The services to be performed by the Contractor during the period of this requirement, at all times and places are subject to review by the Contracting Officer, the COR and/or other authorized Government representative(s).

3. The government shall monitor the contractor’s performance under this requirement using the following procedures:

4. The Contracting Officer's Representative (COR) is the authorized individual who will perform assessments of the Contractor's performance. COR may inspect the mermites and/or serving line for compliance with contract terms and governing regulations. The assessment/inspection will be based on the Quality Assurance Surveillance Plan (QASP) provided.

5. The contractor’s performance will be evaluated at least once during contract performance. For those tasks listed on the QASP, the COR will follow the methods of surveillance specified. Government personnel will record all surveillance observations. When an observation indicates other than a “GREEN” rating, the COR will require the Contract Manager or representative to initial the observation. The initialing of the observation does not constitute concurrence with the observation; only acknowledging that they have been made aware of the defective performance.

6. The COR will inform the contract manager in person when discrepancies occur and will request immediate corrective action. The COR will make a notation of the discrepancy on the assessment checklist with the date and time the discrepancy was noted. The Contractor supervisor (or authorized representative) will initial the entry on the checklist as indication the discrepancy was discussed with the COR. Any of the equipment and/or areas not up to cleanliness standards will be corrected on the spot. If any of the services performed do not conform to established requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements at no additional cost. When the defects in the services cannot be corrected by re-performance, the Government may (1) require the Contractor to take necessary action to ensure future performance conforms to contract requirements; or (2) reduce any fee payable under the contract to reflect the reduced value of the services performed (FAR 52.246.5(d)). If the Contractor fails to promptly perform the services again or take the action necessary to ensure future performance conforms to contract requirements, the government shall: (1) reduce any fee payable by an amount that is equitable under the circumstances, and/or (2) Terminate the contract for default (FAR 52.246.5(e)).

7. The COR is required to submit completed QASPs and any other supporting documentation generated during contract performance to the contracting Officer within five workdays of contract completion.

8. Other Observers: Military Public Health, Inspector General, and other authorized government personnel shall be permitted to observe operations as necessary. The COR or the KO will coordinate any inspection requirements with the vendor. These operations include, but are not limited to, food preparations at the contractor’s facility and transportation from the contractor’s facility to the feeding site. Public Health personnel must be allowed to conduct sanitary inspections in accordance with current FDA code guidelines.

1.4.3 Recognized Holidays: The following are recognized United States (US) holidays. The contractor may have to perform services on these days during this contract period:

1.4.3.1 N/A

1.4.4 Place and Performance of Services: 40 portable-toilets and 12 hand-washing stations are will be required at 11 total Ranges and Training Areas at Camp Ethan Allen Training Site (CEATS) in Jericho, VT. Reference the inserted table on the last page of this PWS for numbers required at specific location and on what dates they are required. The contractor shall at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS when the Government facility/installation is not closed for the above reasons. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the work force are essential.

1.4.4.1 Telework: Not applicable

1.4.4.2 Unscheduled gate closures by the Security Police may occur at any time causing all personnel entering or exiting a closed installation to experience a delay. This cannot be predicted or prevented. Contractors are not compensated for unexpected closures or delays. Vehicles operated by contractor personnel are subject to search pursuant to applicable regulations. Any moving violation of any applicable motor vehicle regulation may result in the termination of the contractor employee’s installation driving privileges.

1.4.4.3 The contractor’s employees shall become familiar with and obey the regulations of the installation; including fire, traffic, safety and security regulations while on the installation. Contractor employees should only enter restricted areas when required to do so and only upon prior approval. All contractor employees shall carry proper identification with them at all times, and shall be subject to such checks as may be deemed necessary. The contractor shall ensure compliance with all regulations and orders of the installation which may affect performance. The Government reserves the right to direct the removal of an employee for misconduct, security reasons, or any overt evidence of communicable disease. Removal of contractor employees for reasons stated above does not relieve the Contractor from responsibility for total performance of this contract.

1.4.5 Security Requirements. The contractor shall comply with all applicable installation/facility access and local security policies and procedures, which may be obtained from the COR. The contractor and all associated subcontractor employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. The contractor shall ensure compliance with all personal identity verification requirements as directed by Department of Defense (DoD), Headquarters Department of Army (HQDA) and/or local policy. Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes.

1.4.5.1 For contractors requiring Common Access Card (CAC): Not applicable

1.4.5.2 For contractors that do not require a CAC, but require access to a DoD facility or installation: Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), and applicable installation, facility and area commander installation/facility access, and local security policies and procedures (provided by a government representative).

1.4.5.3 Communications Security/Information Technology (COMSEC/IT) Security: Not applicable

1.4.5.4 Use of Government Information Systems: Not Applicable

1.4.5.5 Protection of Personally Identifiable Information (PII): Not applicable

1.4.5.6 AT Level 1 Awareness Training (AT): Not applicable.

1.4.5.7 Information Assurance (IA)/Information Technology (IT) Training: Not applicable

1.4.5.8 Information Awareness: Not applicable.

1.4.5.9 iWATCH Training: The contractor and all associated subcontractors with an area of performance within an Army-controlled installation, facilities or area shall brief all employees on the local iWATCH program. This local developed training shall be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR or the KO. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance. The contractor shall report completion for each contractor employee and subcontractor employee to the COR within 15 calendar days after completion of training.

1.4.5.10 OPSEC Training: Not applicable.

1.4.5.11 OPSEC SOP/Plan: Not applicable.

1.4.5.12 Classified Information. Not applicable.

1.4.5.13 Threat Awareness and Reporting Program (TARP): Not applicable.

1.4.6 Physical Security. The contractor shall safeguard all Government property provided for contractor use. At the close of each work period, Government facilities, equipment and materials shall be secured.

1.4.6.1 Key Control. Not applicable.

1.4.6.2 Lock Combinations: Not applicable.

1.4.7 Special Qualifications: Not applicable.

1.4.8 Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the KO in accordance with FAR Subpart 42.5. The KO, COR and other Government personnel, as appropriate, may meet periodically with the contractor to review the contactor’s performance. At these meetings, the KO will apprise the contractor of how the Government views the contractor’s performance and the contractor shall apprise the Government of problems, if any, being experienced. The contractor shall resolve outstanding issues raised by the Government. Contractor attendance at these meetings shall be at no additional cost to the Government.

1.4.9 Contract Manager (CM): The contactor shall designate a CM who shall ensure performance under this contract. The name of this person, and an alternate who shall act for the contractor when the CM is absent, shall be designated in writing to the KO. The CM or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The CM shall work through the COR, to resolve issues, receive technical instructions, and ensure adequate performance of services. The CM shall ensure that contractor employees do not perform any services outside the scope of the contract without an official modification issued by the KO. The CM shall ensure contractor employees understand that services performed outside the scope of the contract are performed wholly at the expense of the contractor.

1.4.10 Identification of Contractor Employees: Not applicable

1.4.11. Combating Trafficking in Persons: The United States Government has adopted a zero tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not engage in severe forms of trafficking in persons during the period of performance of the contract; procure commercial sex acts during the period of performance of the contract; or use forced labor in the performance of the contract. The Contractor shall notify its employees of the United States Government’s zero tolerance policy, the actions that will be taken against employees for violations of this policy. The contractor shall take appropriate action, up to and including termination, against employees or subcontractors that violate the US Government policy as described at FAR 22.17.

1.4.12 Contractor Travel: Not applicable

1.4.13 Data Rights: Not applicable

1.4.14 Organizational Conflicts of Interest (OCI): The contractor and subcontractor personnel performing services 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 OCIs, as defined in FAR Subpart 9.5. The contractor shall notify the KO immediately whenever it 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. In the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may impose 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.

1.4.15 Phase In / Phase Out Periods: Not applicable

2.0 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 (KO): 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 Representative (COR): An employee of the U.S. Government designated by the KO to monitor contractor performance. Such appointment will be in writing and will 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 PWS.

2.1.5 Deliverable: Anything that can be physically delivered and includes non-manufactured things such as meeting minutes or reports.

2.1.6 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 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.

2.1.7 Physical Security: Actions that prevent the loss or damage of Government property.

2.1.8 Quality Assurance: The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9 Quality Assurance Surveillance Plan (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10 Quality Control: All necessary measures taken by the Contractor to ensure that the quality of an end product or service shall meet contract requirements.

2.1.11 Subcontractor: One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.2 Acronyms:

3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S): Not applicable

4.0 Contractor Furnished Property, Materials, and Equipment (CFP/M/E): The contractor is required to furnish all property required to fulfill the services outline in section 5.0.

5.0 Requirements:

5.0.1 The contractor shall provide all portable toilets required for each location for the specified time. The contractor shall also provide one (1) hand washing station for each location with portable-toilets.

5.1 Performance: All portable-toilets and hand-washing stations will be serviced/cleaned by the contractor on: 18OCT20, 20OCT20, 22OCT20, and 24OCT20.

5.1.2 Toilet paper, paper towels, hand-sanitizer, and soap will be re-stocked each time the portable-toilet and hand-washing stations are serviced.

5.1.3 Portable-toilet and hand-washing station locations: See next page (page 9).

Clean/ Service

YES

YES

YES

YES

5.2 Operations: N/A

5.3 Meal Composition: N/A

5.3.1 Contractor shall provide:

1. All tissue paper for the portable toilets, soap and water for the hand washing stations.

2 . The tissue paper, soap, and water will be replenished each day the portable toilets and hand washing stations are serviced.

5.6 Contractor Employees:

1. All persons employed for the performance of work under this contract by the Contractor are not considered employees of the government. Contractor is responsible for all actions of its employees and/or subcontractors.

2. Personal Hygiene – the Contractor shall ensure its contract employees meet the following sanitation requirements:

3. Hands are washed upon reporting for work, immediately after visiting a lavatory, after smoking, taking a break and after handling raw meat, poultry, garbage, or soiled items.

4. No smoking, or use of tobacco in any form, except during break periods in designated areas is permissible.

5. Appropriate clothing must be well-fitted, laundered and repaired. Contractor may furnish uniform clothing (at no cost to the Government). A general neat and clean appearance is a requirement that will be enforced by the contractor.

6. Shoes shall be of sturdy construction and shall cover the feet to meet sanitation and safety requirements. Open-toe shoes are not allowed.

7. The use of alcoholic beverages or illegal drugs by Contractor personnel while on duty is strictly forbidden. Any violation shall be cause for immediate removal of the offender(s) by the Contractor from further work. Removal of employee(s) for such cause does not relieve the Contractor of the requirement to provide sufficient personnel to adequately perform services.

8. Contract personnel shall not loiter in any working or patron area. Upon satisfactory completion of their assigned shift and after being released by their shift supervisor, employees shall promptly depart from the area.

5.6.1 The contractor shall be responsible for selecting personnel who are well qualified to perform the required services for supervision of techniques used in their work, and for keeping his/her employees informed of all improvements or changes in the methods of operations.

5.6.2 The Contracting Officer may direct the Contractor to remove, and the Contractor shall remove any Contractor employee who is identified as a potential threat to the health, safety, security, general well-being, or operational mission of the Vermont Army National Guard.

5.6.3 Where the reason for the removal request is due solely to breach of security on the part of the employee, replacement shall be at the expense of the Contractor and not chargeable to the Government.

5.6.4 All Contractor employees must conform to local and other applicable regulations. The Contractor shall take appropriate personnel action as required, in the event employees become involved with civilian or military authorities as a result of misconduct.

5.7 Ordering / Invoicing Payment Process

1. Only the Contracting Officer may increase / decrease the number of portable toilets and hand-washing stations ordered via written approval.

2. The contractor shall take all necessary measures to ensure the projected portable toilet requirements are met. Any shortages identified; that amount will be deducted from the payment.

3. The government reserves the right to increase quantities of portable toilets purchased during the period of performance by 15%. If this increase is required, a modification will be generated by the contracting officer. The vendor shall not perform any work above the stated quantities authorized by the contracting officer.

4. Vendor to register for and submit an electronic invoice via Wide Area Work Flow (WAWF) for the services provided.

5.8 Safety and Accident Prevention

b. Comply with the safety regulations of the Government installation that concern related activities not directly addressed in this contract.

c. Take all reasonable steps and precautions to prevent accidents and preserve the life and health of contractor and Government personnel performing or in any way coming in contact with the performance of this contract.

d. Take such additional immediate precautions as the Contracting officer may reasonably require for safety and accident prevention purposes.

2. The Contracting Officer may, by written order, direct additional safety and accident standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract.

3. Any violation of these safety requirements, unless promptly corrected as directed by the Contracting Officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract.

4. The contractor, his employees, and subcontractors shall become familiar with and obey the regulations regarding fire, traffic, safety and security regulations while on the Government facility. Contractor employees should only enter restricted areas when required to do so and only upon prior approval. All contractor employees and subcontractors shall carry proper identification with them at all times.

5. The contractor shall be responsible for compliance with all regulations and orders of the Federal property; respecting identification of employees, movements on Government facility, parking, truck entry, and all other Government facility regulations, which may affect the work.

5.9 Contractor Manpower Reporting Application (CMRA): Not Applicable

6.0 Applicable Publications: Publications applicable to this PWS are listed below:

Publication (Chapter/Page)

Federal Acquisition Regulation https://www.acquisition.gov/?q=browsefar or http://farsite.hill.af.mil/

Defense Federal Acquisition Regulation Supplement http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html or http://farsite.hill.af.mil/

DoDM 1000.13-M-V1 DoD Identification (ID) Cards (Enclosure 2, paragraph 3.b) 01/23/2014 http://www.esd.whs.mil/Directives/issuances/dodm/

Federal Information Processing Standards (FIPS) Publication 201-2 Personal Identity Verification (PIV) of Federal Employees and Contractors (paragraph 9) August 2013 http://nvlpubs.nist.gov/nistpubs/FIPS/NIST.FIPS.201-2.pdf

http://www.dtic.mil/whs/directives/corres/pub1.html

Army Directive 2014-05 Policy and Implementation Procedures for Common Access Card Credentialing and Installation Access for Uncleared Contractors

03/07/2014 http://www.apd.army.mil/ProductMaps/PubForm/ArmyDir.aspx

AR 190-13

The Army Physical Security Program 02/25/2011 http://www.apd.army.mil/ProductMaps/PubForm/AR.aspx

Homeland Security Presidential Directive (HSPD)-12 Policy for a Common Identification Standard for Federal Employees and Contractors 08/27/2004 https://www.dhs.gov/homeland-security-presidential-directive-12

DoDD 5400.11 Department of Defense Privacy Program 10/29/2014 http://www.dtic.mil/whs/directives/corres/dir.html#

DoD 5400.11-R Department of Defense Privacy Program 05/14/2007 http://www.dtic.mil/whs/directives/corres/pub1.html

DoDD 8140.01 Cyberspace Workforce Management

DoD 8570.01-M Information Assurance Workforce Improvement Program

AR 25-2

Information Assurance

AR 530-1

Operations Security

DoD 5220.22-M National Industrial Security Program Operating Manual 02/28/2006 (Change 2: 05/18/2016)

AR 381-12

Threat Awareness and Reporting Program (TARP) (Section II, ¶ 2-4.b)

6.1 Applicable Forms: Forms applicable to the PWS are listed below:

DD 1172-2

Application for Identification Card/DEERS Enrollment

I-9 Employment Eligibility Verification

DD 441

Department of Defense Security Agreement

DD 250

Material Inspection and Receiving Report

TECHNICAL EXHIBIT 1

Performance Requirements Summary (PRS)

This PRS includes performance objectives the Government will use to determine contractor performance and will compare contractor performance to the Acceptable Quality Level (AQL).

- Portable toilets are not removed from required location earlier than schedule called for their removal unless prior coordination’s have been made

- Appropriate amounts of tissue paper is on hand

90% of time

-Daily inspections and spot checks -Complaint

- Checked by 3-172 S4 representative (COR)

Hand Washing Stations

-Hand washing stations are placed along with the portable toilets -Hand washing stations have appropriate levels of soap, water, and paper towels

90% of time

-Daily inspections and spot checks -Complaint

- Checked by 3-172 S4 representative (COR)

- Tissue paper is re-stocked

- Hand washing stations are serviced according to schedule

- Soap, water, and paper towels are re-stocked

95% of time

-Daily inspections and spot checks

- Complaint

- Checked by 3-172 S4 representative (COR)

TECHNICAL EXHIBIT 2

Deliverables Schedule

1.4.5.10 OPSEC

Training Certificates