M6845021QP001 - Performance Work Statement.docx

PERFORMANCE WORK STATEMENT

for Rental of Passenger Vehicles

1. SCOPE OF WORK. This requirement is for a non-personal service. The Contractor shall provide Passenger Non Tactical Vehicles (NTVs) in accordance with this PWS. The contractor shall provide all labor, transportation, materials, personnel and supervision necessary to supply safe operational NTVs in accordance with this contract. In addition, the Contractor shall provide on-call maintenance to ensure the NTVs are in a safe and serviceable condition IAW the NTVs manufacturer’s standards throughout the rental period. In the case of NTVs requiring extensive maintenance, temporary NTV replacements will be provided by the contractor within (4) hours until maintenance is completed.

2. DEFINITIONS

Abuse – Equipment abuse is defined as any damage to the NTV which is intentional in nature and could have been avoided. Examples include, but are not limited to, wind damage, improper re-fueling, missing scheduled maintenance appointment without prior coordination, and unreported damage on the NTV.

Accident Repairs – Repairs as a result of collision, regardless of cause.

Act of God – is a legal term for events outside of human control, such as sudden floods or other natural disasters, for which no organization/individual can be reasonably held responsible.

CLIN – Contract Line Item Number

Defects – Unserviceable parts and/or systems which do not meet the manufacturer’s standards due to defective parts or poor quality maintenance service which is not caused by the customer’s misuse.

Disabled NTV – NTV which is unsafe and unserviceable, as determined by the Technical Point of Contact, to the point it cannot be driven without causing harm to the driver, NTV, or the local area.

Discounted Monthly Rate – Prorated Daily Rate to be negotiated by the KO if a substituted NTV is delivered instead of the requested NTV.

Early Date of Return – Date prior to the end of contracted Period of Performance.

Exceptional Condition – Free of dents, dings, mars, scratches, broken plastic, torn seats, stains, leaks, loose components, and rattling.

Equal or Greater NTV Type – Lease rate is equal to or greater than contracted NTV.

Fair Wear and Tear – Damages which occur during normal use or due to the aging of the NTV which can be based on the age and mileage of the NTV; examples of fair wear and tear are minor dents, scratches, tire wear, brake wear, windshield chips, and other incidental damages.

Government – Government of the United States.

Hostile Act – An act of war or aggression as determined by the appropriate military authority in the geographical region.

Incidental Fees – Approved fees which are not classified as rent or lease fees. Examples of incidental fees are cost for minor damages.

Independent Sources – Independent subcontractors which are not related, affiliated, nor influenced by the prime contractor or other subcontractors.

Joint Inspection – An inspection performed by both the Government representative and the contractor representative in order to document the condition of the NTV on the day of acceptance. The document template shall be provided by the Contractor and approved by the Government.

KO – Contracting Officer

Short Term Lease – Entire period of the lease for NTV which is reflected in the Period of Performance.

NTV – Non Tactical Vehicle

Prime Contractor – Contractor who has a contract directly with the Government.

Prorated Daily Rate – Monthly rate/30 days.

Rent/Lease – NTV is in the possession of the Government.

Scheduled Maintenance – Periodic prescribed inspections or servicing of the NTV, accomplished on a calendar or hours-of-operation basis in accordance with the manufacturer’s recommended intervals.

TPOC – Technical Point of Contact appointed by the KO

Unscheduled Maintenance – Maintenance which is not scheduled but is required to correct deficiencies and restore the NTV to a safe and serviceable condition IAW the NTV manufacturer’s standards.

3. NTV ACCEPTANCE: CONTRACTOR TO GOVERNMENT

3.1. The Contractor shall make the NTVs available during normal business hours on the start date of the Period of Performance for each CLIN unless otherwise arranged by the KO.

3.2. The customer relies on the Contractor to deliver the NTVs on the agreed delivery date to accomplish their mission. If the Contractor fails to deliver NTVs on the required delivery date, the Contractor shall give the Government consideration. At the KO’s discretion, the consideration may be but are not limited to one of the following:

3.2.1. Deducting rent at a daily rate for the number of days the NTV is late.

3.2.2. Accepting a loaner of equal or greater NTV type long term. If the TPOC approves the loaner, the Contractor shall charge the same or discounted daily rate until the NTV can be replaced with the requested NTV.

3.2.3. Cancelling the order in its entirety.

3.3. The Contractor and the TPOC shall perform a joint inspection prior to accepting the NTVs. The inspection shall document the date of the inspection and the condition of the NTVs in detail on a joint inspection sheet provided by the Contractor. Only personnel appointed in writing by the KO are authorized to accept NTVs on the Government’s behalf.

3.4. NTVs shall be in exceptional physical condition and mechanically sound with no visible leaks, damages or signs of wear and tear IAW the NTV manufacturer’s standards. If the NTVs do not meet the manufacturer’s standards and does not meet the criteria listed below, the Government shall reject the NTV. The Contractor may be required to give consideration at the KO’s discretion. If the Government does reject a NTV for the aforementioned reasons, the Contractor shall replace the requested NTV with an acceptable NTV of equal or greater value at no additional cost to the Government within (8) hours. At the time of the acceptance inspection, the NTV shall meet the following minimum criteria:

3.4.1. The contractor shall deliver NTVs that are less than three (3) years old and/or have less than 100,000km on the odometer, whichever occurs first.

3.4.2. NTV shall arrive with a no less than 3/4 tank of fuel.

3.4.3. Both the exterior and the interior of the NTVs must be clean, free of soil, rust, dirt, damage, and foul odors. Seats must be clean and free of cuts, burns or stains.

3.4.4. Each NTV must meet all host nation safety requirements and have, as a minimum, the following safety features: seat belts, rear view mirrors, windshield wipers, parking brake, horn and serviceable lights (interior and exterior). All safety items must meet the NTV manufacturer’s standards.

3.4.5. Heating and Air Conditioning. Heating and air conditioning must be in all NTVs, in working condition, and comply with the NTV manufacturer’s standards.

3.4.6. Tires must be new or in exceptional condition. The tire type shall be of the highest quality and be in accordance to the NTV’s manufacturer specifications /recommendations. Spare tire requests shall be coordinated through the TPOC. Replacement tires will be at no-cost to the government unless no tire is returned to the contractor.

3.4.7. NTVs in exceptional condition are waiverable at the written discretion of the KO/TPOC. It is left to the KO’s discretion to accept the NTV which do not meet hour or age requirements if sufficient consideration is provided. Aged NTV deliveries should be coordinated prior to award.

3.5. NTVs shall have at a minimum: maintenance free batteries, two (2) full sets of keys, the Manufacturer’s Operator’s Manual (in English) and fire extinguisher in accordance with local laws. All general items must meet the manufacturer’s standards.

4. MAINTENANCE

4.1. The contractor shall provide furnish NTVs that are in exceptional physical condition and mechanically sound with no visible leaks, damages or signs of wear and tear IAW the NTV manufacturer’s standards. The contractor shall provide timely and responsive on-call maintenance, as required, in accordance with the below criteria:

4.1.1. The contractor will replace any tire when the tread becomes less than 1/2 inch or when the KO/TPOC determine them to be unsafe.

4.1.2. The Contractor’s mechanics will not use Government-owned supplies for the servicing or maintenance of leased NTVs.

4.1.3. The Contractor will be furnished base access on an as-needed basis as determined by the KO or TPOC. All maintenance shall be in accordance with manufacturer’s standards at no additional cost to the Government.

4.1.4. Replacement parts include those items which must be replaced due to fair wear and tear such as windshields, windows, windshield wipers, tires (if the tread is less than 1/2 inch), brakes, mirrors, batteries, belts, headlamps, light bulbs, filters, oil, fluids and lubricants at no additional cost to the Government. In addition, the Contractor will maintain a reasonable amount of replacement parts in stock to reduce NTV downtime.

4.1.5. Tires may not last as long as the manufacturer’s life expectancy due to the terrain in and around the vicinity of CLDJ. If the tires do not last as long as the manufacturer’s life expectancy, it is still considered fair wear and tear due to the terrain in and around the local area and will be replaced at no additional cost to the Government.

4.1.6. Windshields and windows may also accumulate wear and tear as a result of local weather conditions.

4.2. The NTV shall be returned clean (cleaning standard outlined in Section 6) and with as much fuel as when initially picked up for maintenance. Pickup and drop-off of the NTV shall be at no additional cost to the Government.

4.3. The Contractor shall provide a loaner NTV any time a leased NTV is unavailable for more than (4) hours. The 4 hours start from the time the contractor is notified the leased NTV went down and rent is still being incurred. The condition of the loaner shall be the same as the original NTV, thus will meet the same criteria outlined in Section 3, NTV Condition. In addition, the loaner shall be of equal or greater NTV type than the primary NTV. A loaner is of equal or greater NTV type if its rate is equal or greater and the utility is equal or greater than the primary NTV. If no loaner of equal or greater NTV type is provided within 4 hours, the daily lease rate of the primary NTV shall be deducted from the monthly invoice for every day the Government is without a NTV. If the primary NTV is not returned within (8) hours it will be replaced, at the KO/TPOC’s approval, with another NTV of equal or greater NTV type and the Government will the equivalent or discounted daily rate temporarily until the requested NTV type is delivered.

4.4. The Contractor shall provide an escorted tow/recovery service for any leased NTV if it becomes disabled at no additional cost to the Government. NTV recovery will also be provided for the NTV involved in accidents. The Contractor shall be onsite within two (4) hours of notification to repair or recover NTVs at no additional cost to the Government. The Contractor shall provide 24/7 days a week emergency response telephone number for receiving notification of NTV breakdown. In the event the Contractor fails to meet this time standard, one day’s rent shall be deducted from the lease rate for every hour after the initial time standard has lapsed. Any NTVs disabled in restricted areas must be moved to an accessible area or the customer must supply an escort for removal purposes.

4.5. In cases where the contractor does not meet the (4) hour response time, the contractor shall allow Government personnel to provide immediate repair/recovery operations for mission critical situations. These include, but are not limited to, jump starting mission NTVs or towing NTVs out of any location to a more secure location. Support shall be left to the Government personnel’s discretion.

4.6. For a NTV to be classified as a “lemon” the NTV must have (1) a defect which is under warranty and or have one failed repair attempts designed to bring the NTV up to manufacturer’s standards. If a leased NTV is deemed a “lemon,” the Government shall request a replacement NTV and full refund of the cost to repair the NTV if the repairs failed to bring the NTV to meet the manufacturer’s standards. If the repair is due to a defect, the cost to repair the NTV shall not pass to the Government. If the defect is substantial, as determined by the KO, the Contractor is given one (1) attempt to repair the defect. A substantial defect is a defect which impairs the NTV’s use. If the defect is not substantial, the Contractor is given (1) attempt to repair the defect. If the repair is not due to a defect, the Contractor shall follow instructions in Section 8, Payment, and will be given one (1) attempt to repair a substantial malfunction and (1) attempt to repair non-substantial malfunctions. If the repair is unsuccessful after the specified attempts, the NTV is classified as a “lemon.” The NTV shall be replaced at the KO’s approval with an equal or greater NTV type. The Government shall pay the lesser of the two monthly rates temporarily until the requested NTV type is delivered.

5. NTV TURN-IN: GOVERNMENT TO CONTRACTOR

5.1. The Contractor shall make every effort to accept NTV turn-ins in the morning. At the turn-in inspection, the Contractor shall provide a copy of the joint inspection sheet of when the NTV was accepted by the Government at the joint inspection and only document damages not listed on the original joint inspection sheet. If there are damages not covered by the insurance company, the Contractor is responsible for providing pictures of the extent of the damages at no additional cost to the Government. The joint inspection sheet and the pictures shall be the only valid documentation of the condition of the NTV. The Government will not be responsible for damages not documented and damages covered by the Contractor’s insurance. The Contractor will provide the Government a final bill of all costs associated with negligent damages within (30) days of permanent turn-in date or forfeit all damage claims.

5.2. The Government shall reimburse the contractor for all interior damages of leased NTVs as a result of negligence/abuse not covered by the insurance company to include broken windshields due to unsafe loading of material. However, the Government is not liable for the cost to replenish the leased NTVs to new condition. For reimbursement of repair cost, the Contractor shall follow instructions in Section 8, Payment.

6. GOVERNMENT’S RESPONSIBILITIES

6.1. The United States Government will not allow the contractor's NTVs to be used in violation of any host nation laws, rules, or regulations. To the extent which the Government employees allow the contractor's NTVs to be so used, the Government hereby contractually indemnifies and holds the contractor harmless from host nation forfeitures, damages, or penalties resulting from violation of such laws, rules or regulations by Government employees.

6.2. Turn-in.

6.2.1. Clean NTVs. The NTVs shall be cleaned before turn in to the Contractor. The NTVs will be washed, vacuumed, sanitized of personal items, cleaned, and free of dirt and oil as reasonably possible.

6.3. Minor dents, scratches, and incidental damage will be reported to the TPOC immediately who will contact the Contractor to determine if the repair is immediately needed. If there are damages sustained to the exterior of the NTV, the Government will create a Motor Vehicle Accident Report (SF-91). The KO/TPOC will determine the severity and/or safety risks. SF-91’s will be provided to the Contractor within (5) business days of accidents being made known.

6.4. The Government is responsible for supplying the fuel (if necessary) used in all leased NTVs except the fuel used prior to the Government acceptance of the NTV.

7. CONTRACTOR’S RESPONSIBILITIES

7.1. The Contractor shall provide all personnel, labor, NTV, facility to work, tools, materials, supplies, NTV, supervision, and other items and services necessary to perform maintenance.

7.2. Contractor personnel must comply with all rules, regulations, and restrictions set forth by the USMC while working on any military installation in the INDOPACOM area of responsibility.

7.3. The Contractor shall maintain records of transactions with the Government and, upon request, make such records available to the Contracting officer or designated representative within (5) working days.

7.4. The Contractor will provide insurance coverage as required by the Contractor in order to cover leased NTVs in case of incidental damage.

7.5. NTV keys lost by the Government will be immediately reported to the Contractor for replacement at the Government’s expense. The lost key fee must be invoiced for payment within (30) days of the request for a duplicate key. If not invoiced within (30) days, the Government will not be held liable for the fee. The Contractor is under no obligation to replace electronic NTV locking/unlocking devices unless those mechanisms are the only means available for locking/unlocking or starting the NTV, in which case the device will be treated as a duplicate key. The Government will be charged for any missing or lost electronic locking/unlocking devices upon permanent NTV turn in to the Contractor.

8. PAYMENT

8.1. Upon the submission of proper invoices or vouchers, the Government shall pay rent for each NTV at the daily rates specified in this contract unless otherwise negotiated.

8.1.1. Rent shall accrue from the beginning of the period of performance or from the date each NTV is delivered to the Government, whichever is later. The rent shall continue until the expiration of the contract Period of Performance or the termination of this contract or when the NTV is permanently turned-in, whichever is the earliest date. However, rent shall accrue only for the period which each NTV is in the possession of the Government.

8.1.2. Rent shall not accrue for any NTV which the KO determines does not comply with the Condition of the Leased NTV clause of this contract or otherwise does not comply with the requirements of this contract, until the NTV is replaced or the defects are corrected.

8.1.3. Rent shall not accrue for any NTV during any period when the NTV is unavailable or unusable as a result of the Contractor’s failure to render services for the operation and maintenance of the NTV as prescribed by this PWS.

8.1.4. The Government reserves the right to return the leased NTV prior to expiration of the period of performance at no additional cost to the Government with notification no later than (1) day prior to the date of early return.

8.2. The Contractor is responsible for accounting for costs appropriately and for maintaining records, including supporting documentation, adequate to demonstrate which costs claimed have been incurred. When requesting reimbursement, the Contractor shall submit quotes from at least two independent sources at no additional cost to the Government. The quotes shall have the company’s business letterhead to identify the company’s name and address. In addition, when submitting an invoice, the Contractor shall submit proof of payment or receipt to the KO. The Government shall only reimburse the Contractor the cost which has been substantiated and incurred at the amount the Contractor paid on the receipt for the charges approved. If the claimed cost cannot be adequately supported, the KO may disallow all or part of the claimed cost.

9. PERFORMANCE REQUIREMENTS SUMMARY (PRS)

10. NON-PERSONAL SERVICE STATEMENT

Contractor employees performing services under this order will be controlled, directed, and supervised at all times by management personnel of the Contractor. Contractor management will ensure that employees properly comply with the performance work standards outlined in the performance work statement. Contractor employees will perform their duties independent of, and without the supervision of, any Government official or other Defense Contractor. The tasks, duties, and responsibilities set forth in the task order may not be interpreted or implemented in any manner that results in any Contractor employee creating or modifying Federal policy, obligating the appropriated funds of the United States Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee, or otherwise violating the prohibitions set forth in Parts 7.5 and 37.1 of the Federal Acquisition Regulation (FAR). The Government will control access to the facility and will perform the inspection and acceptance of the completed work.

11. POINTS OF CONTACT

11.1. CONTRACTOR POINTS OF CONTACT

11.1.1. The Contractor shall provide points of contact within the company to interface with the U.S. government point of contact on issues. Names, business address, phone numbers, and hours of operation are the minimum information requirements. Arrangements for contacting the Contractor's points of contact after normal business hours should also be made.

11.2. GOVERNMENT POINTS OF CONTACT

Contracting Officer: TBD

Technical Representative: TBD