Intoxilyzer 9000 Service Contract PWS.pdf

PERFORMANCE WORK STATEMENT

FOR

INTOXILYZER 9000 SERVICE CONTRACT

AT

DYESS AFB, TX

16 January 2024

Intoxilyzer 9000 Service Contact

Table of Contents

1.0 SECTION I: DESCRIPTION OF SERVICES

1.1 General Scope

1.2 Background

1.3 Inherently Governmental Function

1.4 Period of Performance

1.5 Place of Performance

1.6 Specific Tasks

1.7 Minimum Qualifications

1.8 Contractor Travel

2.0 SECTION II: SERVICE SUMMARY

2.1 General

2.2 Performance Evaluation

2.3 Government Quality Assurance

3.0 SECTION III: GOVERNMENT FURNISHED PROPERTY and SERVICES

3.1 Government Furnished Services

3.2 Government Furnished Facilities

4.0 SECTION IV: GENERAL INFORMATION

4.1 Hours of Operation

4.2 Contractor Personnel

4.3 Miscellaneous Paragraph

4.4 Security

4.5 Safety

5.0 SECTION V APPENDICES & EXHIBITS

APPENDIX 1 Definitions, Abbreviations, and Acronyms

SECTION I

1.0 DESCRIPTION OF SERVICES

1.1 General Scope. This is a non-personnel services contract to provide the service of an Intoxilyzer 9000 Breath Alcohol Testing Instrument service contract which includes monthly preventive maintenance to include servicing/calibration, training of SFS personnel on the use of the Intoxilyzer 9000, and court assistance through testifying. 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.

1.1.1 Description of Services/Objectives. The contractor shall provide all management, personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the service contract of the Intoxilyzer 9000 Breath Alcohol Testing Instrument, which includes monthly preventive maintenance to include servicing/calibration, training of SFS personnel on the use of the Intoxilyzer 9000, and court assistance through testifying as defined in this Performance Work Statement (PWS). The contractor shall perform to the standards in this contract. This includes the planning, coordination, and surveillance of the activities necessary to ensure disciplined work performance and timely resources application to accomplish all tasking under the contract. The contractor shall be responsible for maintaining communication with the contracting officer (CO) and the contracting officer’s representative (COR), and to immediately notify both the CO and the COR of any problems that would prevent timely performance of this contract. The contractor is responsible for and required to implement, and maintain management control systems necessary to plan, organize, direct, and control all activities under this contract according to the “Texas Breath Alcohol Testing Program Operator Manual”, effective date 8/1/2022. The service contractor and technical advisor that will be performing this service will be accredited and certified through the state of Texas. They will be qualified to testify to the effects of the alcohol in the human body and laws with regards to DWI in the state of Texas. If the Intoxilyzer 9000 is not calibrated monthly by a certifying official, the findings can be inadmissible when prosecuting the offender.

1.2 Background. The Intoxilyzer 9000 is the only instrument currently in use in Texas for evidential breath alcohol analysis. The instrument is equipped with a keyboard, a magnetic card reader, a 2D barcode reader and a color touchscreen display for data entry. Subject testing is highly automated, providing instructions and audio-visual prompts to assist the operator to complete a test. The instrument reports a subject test on a document called the Analytical Report. Service contract must be able to provide maintenance and training on this system.

1.3 Inherently Governmental Function. The contractor shall not perform inherently governmental functions as defined in FAR Subpart 7.5 in relationship to this PWS.

1.4 Period of Performance. This is a five-year contract with one base year and four option years.

1.5 Place of Performance. The contractor shall perform the services in the PWS at Dyess Air Force Base, Texas, 79607.

1.6. Specific Tasks.

1.6.1. Provide on-site preventive maintenance and inspection of the instrument at least once per calendar month.

(Testing and calibration will be done as part of the monthly maintenance to maintain validity.)

1.6.2. The contact will provide emergency maintenance as needed by the 7th Security Forces Squadron. If the system is not working, the squadron may contact the technical advisor for assistance beyond normal business hours. If emergency technical assistance is needed, the contractor will respond within 12 hours. If service is needed outside of the normal monthly checks, the contractor will respond within 24 hours.

1.6.3. Maintain records of the Intoxilyzer operators and maintenance for instrument serial number (90-XXXXXX (TBD)) Records will be maintained monthly and will provide quarterly reports to the 7th Security Forces Squadron. Formulate, test, calibrate and supply reference standards used in testing and calibration of the Intoxilyzer. If there are positive findings utilizing the Intoxilyzer 9000, those records will be verified within 72 hours to coordinate the prosecution of the offender.

1.6.4. Testify in court, as an expert witness, in Breath Alcohol Testing that will be tried under criminal charges.

1.6.6. Fill disposable supplies monthly or as needed for the Intoxilyzer Testing Program to include:

a. Copy paper for the Intoxilyzer external printer

b. Toner cartridges for the Intoxilyzer external printer

c. Mouthpieces

1.6.7. Provide training for up to 20 Breath Alcohol Testing Operators per year. Course includes but are not limited to classroom and laboratory instruction.

1.6.8. Assistance for operators as needed via phone communication. If technical assistance is needed, the contractor will respond within 12 hours. If service is needed outside of the normal monthly checks, the contractor will respond within 24 hours.

1.7 Minimum Qualifications The contractor will be certified through the state of Texas for all necessary qualifications to fulfill the needs of the service contract.

1.8. Contractor Travel. Contractor may be required to travel to Dyess AFB during the performance of this contract to assist in any onsite maintenance if unable to troubleshoot by phone.

SECTION II

2.0 Service Summary (SS)

2.1 General

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 but do not represent all contract performance requirements. All contract performance requirements in this PWS will be monitored.

2.2 Performance Evaluation

Performance of a service shall be evaluated to determine whether or not it meets the performance requirements of this contract. Re-performance of unacceptable services at no additional cost is the preferred course of action when appropriate. In the case of issued Corrective Action Reports (CARs), the Contracting Officer shall take appropriate measures according to inspection of services clause in the contract, i.e., FAR 52.246-4, 52.246-5, or 52.212-4(a).

2.3 Government Quality Assurance. The government shall inspect and evaluate the contractors’ performance to ensure services are received in accordance with requirements set forth in this contract. The COR will use the contractor’s work schedule, or modified version thereof, to record validation results. Results of the validation then becomes the official Air Force record of the contractor’s performance. Government surveillance of tasks not listed in the PWS or by methods other than those listed in the PWS (such as provided for by the Inspection of Services clause) may occur during the performance period of this contract. Such surveillance will be done according to standard inspection procedures or other contract provisions. Any action taken by the CO as a result of surveillance will be according to the terms of this contract.

2.3.1 The government will periodically evaluate the contractor’s performance in accordance with the Quality Assurance Surveillance Plan (QASP). The government may inspect each task as completed and increase the number of quality assurance inspections if deemed appropriate because of repeated failures discovered during surveillance inspections or because of repeated customer complaints. Likewise, the government may decrease the number of quality assurance inspections if performance dictates.

2.3.2 When an observation indicates defective performance, the COR will require the contract manager or representative at the site to initial the observation. The initialing of the observation does not necessarily constitute concurrence with the observation, only acknowledgment that he or she has been made aware of the defective performance. When a performance threshold has not been met or contractor performance has not been

SS

Performance Objective (The Service required—usually a shall statement)

PWS

Paragraph

Performance Threshold (This is the maximum error rate. It could possibly be “Zero deviation from standard”)

Provide on-site preventive maintenance and inspection of the instrument on a monthly basis.

1.6.1 Zero deviation from standard (unless the

contractor is unable to perform duties due to unforeseen and uncontrollable circumstances).

2 The contact will provide emergency maintenance as needed

1.6.2 Will respond within 12 hours from

notification from 7 SFS

3 Submit operator and maintenance records quarterly.

1.6.3 zero deviation from standard

4 Submit report on positive findings within 72 hours.

1.6.3 zero deviation from standard

5 Supply reference standards used in testing and calibration

1.6.5 zero deviation from standard

6 Provide all supplies necessary for the use of the instrument

1.6.6 zero deviation from standard

7 Provide training for up to 20 breath alcohol testing operators per year

1.6.7 zero deviation from standard

Provide technical assistance within 12 hours of request, as needed. If service is needed outside of the normal monthly checks, the contractor shall respond within 24 hours.

1.6.8 zero deviation from standard accomplished, the COR will initiate and provide the CO a CAR for issuance to the contactor. The contractor shall respond to the CAR IAW instructions provided and return it to the CO within 10 calendar days of receipt.

SECTION III

3.0 GOVERNMENT FURNISHED PROPERTY AND SERVICES

3.1. Government Furnished Services (Base Support).

Security Police and Fire Protection. Phone number for Security Forces Squadron, 325-696-1656; Fire Protection, 911.

3.2 Government Facilities. The government will provide the use of Building 6117 for all Security Forces Training operator training for the Intoxilyzer 9000.

SECTION IV

4.0 GENERAL INFORMATION

4.1. Hours of Operation. The contractor shall perform the services required under this contract during the following hours: 0800-1700 Monday thru Friday except Federal holidays or when the government facility is closed due to local or national emergencies, administrative closings, or similar government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. On occasion, an employee will be required to work on weekends and Federal holidays. The government will notify the contractor within 12 hours of such occurrence.

4.1.1 Recognized Holidays. Contractor may be required to provide technical support help telephonically if required on a holiday.

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Juneteenth Christmas Day Independence Day

*If the holiday falls on a Saturday, it will be observed on the preceding Friday. If the holiday falls on Sunday, it will be observed on the following Monday.

4.2. Contractor Personnel

4.2.1. Personnel Roster. The contractor may be required to provide a personnel roster consisting of names and other pertinent personnel data to the requiring activity for the purposes of 100% accountability real-world and exercise situations. The personnel roster shall be updated as individuals are removed and added.

4.2.2. Use of Government Employees.

The contractor shall not employ any person who is an employee of the U.S. Government if employing that person would create a conflict of interest. In addition, the contractor shall not employ any person who is an employee of the Department of the Defense if such employment would be contrary to the policies contained in AFI 64-106, Chapter 1, Industrial Labor Relations Activities.

4.2.2.1 Employment of Spouses/Dependents. The contractor shall not employ any person who is a spouse or dependent child of a Department of Defense employee (either military or civilian) when such employee would be placed in a conflict of interest or appearance of a conflict of interest by virtue of such employment.

4.2.2.2. Off-duty Military Personnel. The contractor is cautioned that off-duty active military personnel hired under this contract may be subject to permanent change of station, change in duty hours, or deployment. Military Reservists and National Guard members may be subject to reorder to active duty. The abrupt absence of these personnel could adversely affect the contractor's ability to perform. However, their absence at any time shall not constitute an excuse for nonperformance under this contract.

4.2.2.3. Identification of Contractor Employees. All contract personnel attending meetings, answering government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

4.2.3. Privately Owned Vehicles. Each contractor employee driving a privately owned vehicle on the installation must carry minimum liability insurance as required by the state. Contractor employees shall adhere to all posted speed limits and shall not use hand-held cellular telephones while driving on the installation for phone calls or texting. Use of seatbelts is mandatory. Any contractor employee cited for driving under the influence will have their driving privileges immediately revoked for a period to be determined.

4.3 MISCELLANEOUS PARAGRAPHS:

4.3.1 Controlled Unclassified Information (CUI) The contractor shall comply with DoD 5200.48, Department of the Air Force Instruction 16-1403 Controlled Unclassified Information (CUI), and the CUI requirements in this contract. The CUI regulation cited in this paragraph sets policy, assigns responsibilities, and prescribes procedures for CUI in the identification, creation, sharing, marking, safeguarding, storage, dissemination, decontrol, disposition, destruction, and records management of CUI documents and materials and establishes training required.

4.3.2 Notification of Debarment/Suspension Status. The contractor shall provide immediate notice to the CO in the event of being suspended, debarred or declared ineligible by any other federal department or agency, or upon receipt of a notice of proposed debarment from another DoD Agency, during the performance of this contract.

4.3.3 Correspondence. The government singularly identifies each project with a contract number at time of award. The contract number is a unique identifier to purposely and permanently represent an awarded project.

The government issued contract number is to be referenced on all official communication starting upon notice of award.

4.3.4 Post Award Conference. The contractor agrees to attend any post award conference convened by the CO IAW FAR Part 42.5. These meetings shall be at no additional cost to the government.

4.3.5 Privacy Act. Work on this contract may require that personnel have access to information protected by the Privacy Act. Contractor personnel shall adhere to the Privacy Act, Title 5 of the U.S. Code, Section 552a and applicable agency rules and regulations when handling such information.

4.3.6 Records. All records created and received by the contractor in the performance of this contract shall be maintained and readily accessible. Records shall remain the property of the government.

4.3.7 Inclement Weather. If the base closes due to inclement weather, the contractor will be released, by the installation commander, with the general population of the base at no decrement to contract price. The contractor will follow the local procedures for reporting in inclement weather as advertised on local television and radio stations.

4.4 SECURITY

4.4.1 General:

4.4.2 The contractor shall comply with all base security regulations and with actions dictated by force protection condition changes/measures. For real-world situations/exercises, changes to force protection conditions could impact contractor performance of work and can include denial of access to the installation to perform work.

4.4.3 The contractor and its employees shall comply with all base traffic regulations.

4.4.4 Contractor employees are prohibited from possessing weapons, firearms or ammunition, on themselves or within contractor-owned or privately owned vehicle while on Air Force installations.

4.4.5 The contractor shall report suspicious activity to Security Forces at 325-696-1416 in a timely manner.

4.4.6 Contractor Access to Air Force Installations. All contractor employees will be subject to a criminal history background check IAW Air Force Manual (AFMAN) 31-113, Installation Perimeter Access Control, as stipulated in the Installation Commander’s memorandum to the 7TH Security Forces Office dated 23 Apr 2015 (the AFMAN and memorandum are both limited access documents but more details on the requirements/process in terms of background checks can be provided by the CO upon request). Vehicle registration, proof of insurance, and a valid driver's license must be presented for vehicles. Installation Commanders may deny access and credentials based on information obtained during identity vetting that indicates the individual may present a threat to the good order, discipline, and morale of the installation.

Base Access. For contractor personnel who wish to obtain long-term Base access via an Air Force Materiel Command (AFMC) Form 496, Application for AFMC Identification Card, IAW Air Force Federal Acquisition Regulation Supplement (AFFARS) Clause 5352.242-9000, Contractor Access to Air Force Installations, the prime contractor shall submit a written request on company letterhead to the CO with the following information (prior to submitting a request for Base access via an AFMC Form 496): 1) contract number, 2) location of work,

3) expiration date (must be on or before contract’s expiration date), and 4) names of employees/ subcontractor employees needing access to the base, to include each employee’s company name.

It is recommended that the prime contractor provide a copy of the request letter to each employee for verification purposes when the employee comes to the Visitor Control Center to get their AFMC Form 496 signed.

Employees for which no request letter can be found or provided will result in the employee being asked to return on another date/time so verification can be made.

Base passes will be limited to the length of the contract not to exceed 3 years from the date the AFMC Form 496 is submitted to the Visitor Control Center for signature.

Individuals requesting DBIDS passes/cards through AF Form 496s must be on an authorized DD Form 577 signed by the current Commander/Director of the presiding unit.

The AFMC Form 496 will be reviewed/approved by the CO, then taken by the contractor employee to the Dyess AFB Pass & Registration Office in Dyess AFB for the security portion and issuance of the Base pass.

Only employees who will be working on the contract consistently/frequently should be submitted for a long term base pass.

4.4.7 Visitors/contractors with driver’s licenses from ME, MN, MO, MT, and WA (exceptions are EDL-Enhanced driver’s licenses from MN & WA) will not be able to obtain base access without another form of identification as an identity proofing document. The list of authorized IDs can be found in the REAL ID Act of 2005. Please visit the Department of Homeland Security’s (DHS) website to get the latest information, https://www.dhs.gov/current-status-states-territories.

4.4.8 During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel.

The contractor shall be responsible for prompt return of credentials and vehicle passes for: 1) any employee who no longer requires access to the work site; 2) upon request by a CO; and 3) upon completion or termination of the contract. The prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office. Failure to comply with these requirements may result in withholding of payment.

4.5 SAFETY

It is the contractor's responsibility to ensure its employees and managers have a comprehensive understanding of and full compliance with OSHA requirements. Detailed information is available on the OSHA website at http://www.osha.gov. It is the contractor's sole responsibility for compliance with OSHA, Public Law 91-596.

The contractor shall comply with all federal, state and local laws, and Air Force Instructions for the protection of their employees while working on an Air Force Installation or property. The protection of contractor employees is exclusively the obligation of the contractor. Contractor shall manage all work areas to ensure the safety of building occupants, base personnel, or visitors in or near the areas.

4.5.1 Safety Threats. The government reserves the right to restrict the employment, under this contract, of any contractor employee, or prospective contractor employee who is identified as a potential threat to health, safety, security, general wellbeing, or the operational mission of the installation and its population. Contractor shall perform background checks, at contractor's expense, to ensure that said employee has not been convicted of any sexual crime or any crime against children.

4.5.2 Substance Abuse Testing. The consumption of alcoholic beverages or illegal drugs by contractor personnel, while on duty, is strictly forbidden. Contractor employees shall be subject to substance abuse testing as a result of a mishap investigation when an individual’s actions or inactions are suspected as factors in a mishap sequence.

The CO or COR may identify the employees to be tested and the drugs and substances for which those employees must be tested. The service provider shall accomplish the specified testing using a certified (i.e., a certified lab that meets Department of Health and Human Services (DHHS)/ Substance Abuse and Mental Health Services Administration (SAMHSA) certification) medical substance abuse testing facility. Results of the test(s) shall be provided to the government solely for the purpose of completing an investigation. The contractor shall immediately remove any employee who is found to be under the influence of alcohol or drugs.

SECTION VI

APPENDIX 1

DEFINITIONS

Contract Administrator (CA). The individual within the contracting office who performs the day-to-day administration of the contract. The contract administrator may also be the contracting officer.

Contracting Officer (CO). The duly appointed Government agent authorized to award or administer contracts. The contracting officer is the only person authorized to contractually obligate the Government.

Corrective Action Report (CAR). Used to document unacceptable performance by the Contractor.

Defect. Any non-conformance with requirements specified in the contract.

Defective Service. A service output that does not meet the standard of performance specified in the contract for that service.

Performance Assessment. A process that measures success towards achieving defined performance objectives or goals defined within the performance thresholds in the services summary or the process of assessing progress towards achieving the objectives/goals developed in a performance plan or partnering agreement.

Performance Indicator. A measurable characteristic of an output of a work process. Generally synonymous with attribute.

Performance Management. The use of performance measurement information to effect positive change in organizational culture, systems, and processes, by helping to set agreed upon performance goals, allocating and prioritizing resources, informing managers to either confirm or change current policy or program directions to meet those goals, and sharing results of performance in pursuing those goals.

Performance Objective. The outcome associated with successful contract performance in a specific area. This is a critical success factor in achieving the organization’s mission, vision and strategy which, if not achieved, would likely result in a significant decrease in customer satisfaction or risk mission failure.

Obtaining multi-services/sub-services performed at a certain measurable standard and consistently ensures success in achieving the objectives critical to the mission.

Performance Threshold. The minimum performance level of a performance objective required by the Government.

Quality Assurance (QA). Those actions taken by the Government to assure services meet the requirements of the Performance Work Statement (PWS).

Contracting Officer Representative (QA or COR). Individual who monitors a Contractor on a daily basis and who is involved in every aspect of a contract to ensure the Contractor is in compliance with that contract.

Quality Assurance Program Coordinator (QAPC). The individual designated by the contracting squadron commander to manage the installation QA program.

Quality Control (QC). Those actions taken by a Concessionaire to control the performance of services so that they meet the requirements of the SOW.

Services Summary (SS). A summary of the performance objective and performance threshold required by the Government in concessionaire performance. Also known as a Performance Requirements Summary or Services Delivery Summary or Performance Requirements Document.

Standard. An exact value, a physical entity, or an abstract concept, established and defined by authority, custom, or common consent to serve as a reference, model, or rule in measuring quantities or qualities, establishing practices or procedures, or evaluating results. A fixed quantity or quality. A defined measure of comparison.

ACRONYMS

AFI Air Force Instruction AFOSH Air Force Occupational Safety and Health CM Contract Manager CO Contracting Officer COR Contracting Officer Representative DWI Driving while intoxicated GFP Government-Furnished Property IAW In Accordance With

4.5 SAFETY

PWS Paragraph