Attachment (1) PWS.pdf

PERFORMANCE WORK STATEMENT (PWS)

LIQUEFIED PETROLEUM (LP) GAS SUPPLY AND DELIVERY IN GUAM

1.0 BACKGROUND

Liquefied petroleum (LP) gas is required at various facilities on U.S. Department of Defense (DoD) installations on Guam for the purpose of but not limited to cooking, laundry, and water heating. There is not a utility company on Guam that provides LP gas; therefore, a contract is needed for a vendor to supply and deliver LP gas into refillable gas tanks for DoD agencies to support morale, welfare and recreation activities.

2.0 CONTRACT TYPE

The Government seeks to award a pre-priced single award Indefinite Delivery Indefinite Quantity (IDIQ) contract from which firm-fixed-price (FFP) Delivery Orders (DOs) will be issued.

3.0 SCOPE

3.1 The Contractor shall provide all labor, material, and equipment necessary to supply and deliver up to 38,520 gallons of LP gas per year as required by DoD agencies to various locations on DoD installations on Guam.

3.2 The Contractor shall supply and deliver LP gas in accordance with (IAW) respective DOs.

3.3 The Contractor shall provide, install, and maintain its own gas tanks, lines, fittings, and other materials as necessary to contain and provide LP gas for use at the specified locations in accordance with respective DOs. The Contractor shall conduct regular inspections of these equipment and materials to ensure safety. A copy of the certification of inspection shall be furnished to the facility manager or authorized representative for recordkeeping purposes. Upon expiration of this contract or when deemed not needed, whichever comes first, the Contractor shall remove its installed tanks and materials in coordination with an authorized Government representative.

3.4 The Contractor shall respond in a timely manner for any urgent calls to inspect any of its lines and fittings if the facility’s authorized representative believes there is a leak or incident that might compromise the safety of the building and its occupants.

3.5 The Government shall have the option to provide its own installed and maintained tanks for which the Contractor shall supply, deliver, and fill LP gas IAW the respective DO.

3.6 Upon completion of LP gas deliveries, the Contractor shall furnish a Delivery

Form to the facility’s authorized representative with the following information included: Facility serviced, date and time of delivery, quantity delivered, name of person who completed the delivery, and the signature of the facility’s authorized representative attesting accuracy of the delivery.

3.7 The Contractor shall comply with all applicable laws and regulations, including but not limited to Federal Law, Guam Laws, Occupational Safety and Health Administration (OSHA) regulations, Navy, and installation regulations.

4.0 PLACE OF PERFORMANCE

The work to be performed under this contract will be performed at DoD installations on Guam as identified in individual DOs. Locations include but are not limited to the following:

Naval Base Guam (NBG):

-Bldg. 75 (Torpedoes and Tomahawks) -Bldg. 1980 (Charles King Fitness Center) -Bldg. 1985 (Clipper Landing) -Bldg. 1983 (Child Development Center) -Bldg. 600 (First Strike Bowling Center)

Naval Support Activity Andersen (NSAA) at Andersen Air Force Base (AAFB):

-Bldg. 1091 (Meridian Café) -Bldg. 26006 (High Tides) -Bldg. 25005 (Gecko Grill)

Marine Corps Base Camp Blaz (MCBCB)

5.0 PERIOD OF PERFORMANCE

The period of performance of this IDIQ shall be for one (1) base year and four (4) option years, for a total period of five (5) years as specified below.

Base Year 01 April 2024 – 31 March 2025 Option Year 1 01 April 2025 – 31 March 2026 Option Year 2 01 April 2026 – 31 March 2027 Option Year 3 01 April 2027 – 31 March 2028 Option Year 4 01 April 2028 – 31 March 2029

Actual timing for deliveries and period of performance will be determined by the individual DOs.

6.0 HOURS FOR DELIVERY

Deliveries shall be performed during the core business hours of 8:00 AM through 5:00 PM Monday thru Friday, unless other prearranged delivery schedules to include after-hours, weekends, or holidays have been made between a Designated Government Representative (DGR) and the contractor.

7.0 FEDERAL GOVERNMENT HOLIDAYS

New Year’s Day 1st day of January Martin Luther King Jr.'s Birthday 3rd Monday of January Presidents Day 3rd Monday of February Memorial Day Last Monday of May Juneteenth 19th day of June Independence Day 4th day of July Labor Day 1st Monday of September Columbus Day 2nd Monday of October Veterans Day 11th day of November Thanksgiving Day 4th Thursday of November Christmas Day 25th day of December

7.1 When one of the above designated legal holidays falls on a Sunday, the following

Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the proceeding Friday is observed as a legal holiday. This list of holidays relates to Government duty days and is not intended to supplement or otherwise alter the provisions of any Wage Determination regarding applicable paid holidays.

7.2 It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not be a reason for an additional period of performance, or entitlement of compensation except as set forth within the contract. In the event the Contractor’s personnel work during the holiday, the Contractor may reimburse them; however, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, other than their normal compensation for the time worked, unless stipulated otherwise. This provision does not preclude reimbursement for authorized overtime work if applicable.

7.3 When the DoD grants excused absence to its employees, the Contractor agrees to continue to provide sufficient personnel to perform critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the Contracting Officer (KO) or the DGR. Changes in employee work schedules shall comply with the terms and conditions of the contract, to include payment provisions.

7.4 If Government personnel are furloughed, the Contractor shall contact the KO or the DGR to receive direction. It is the Government’s decision as to whether the contract price/cost will be affected as a result of Government shutdown and/or furloughed Government employees. In the event of a Government shutdown or furloughed Government employee(s) impacts contract price/cost, a negotiated settlement will be reached as deemed appropriate by the KO.

8.0 INCLEMENT WEATHER OPERATIONS

The contractor shall perform LP gas supply and delivery as scheduled including during periods of inclement weather unless specific approval to delay is requested by the contractor and approved by the DGR. Such approval will normally be granted only in cases of particular severe weather, such as tropical storms, typhoons, etc. The contractor shall not request additional cost for schedule changes due to inclement weather.

9.0 POINTS OF CONTACT

The Technical Point of Contact (TPOC) for this contract is James Nilo, Phone (671) 349-5223, and E-mail: james.a.nilo.civ@us.navy.mil.

Alternative Points of Contact are:

Naval Base Guam (NBG): Sara Dowell, Phone (671) 929-0312, and E-mail sara.c.dowell.naf@us.navy.mil

Naval Support Activity Andersen (NSAA) at Andersen Air Force Base: Scott Ross, Phone (671) 653-9713, and E-mail scott.ross.13@us.af.mil.

10.0 MOTOR VEHICLE OPERATORS

Contractor’s personnel, whose tasks involve operation of any vehicles, shall possess a valid U.S.

state or Guam driver’s license, certificates and permits, applicable for the type and class of vehicle being operated.

11.0 CONTRACTOR ACCESS AND USE OF PREMISES

The contractor shall be responsible for securing the necessary permits and base access passes for contractor personnel, vehicles, and equipment for the duration of the contract. DoD Security Forces reserve the right to refuse issuance of a pass to an employee of the contractor for any reason deemed valid by the Government.

11.1 Contractors must identify themselves as either a U.S. Owned or a Foreign Owned, Controlled or Influenced (FOCI) entity.

11.2 Contractor personnel must be U.S. citizens.

11.3 U.S. citizen personnel of a Foreign Owned, Controlled or Influenced (FOCI) entity will be required to provide the security forces at the Naval Base Guam, Andersen Air Force Base, and other DoD installation Pass and ID Offices with vehicle registration, proof of insurance, driver’s license, and a second form of picture ID. A Visit / Access Request on company letterhead is also required at least 48 hours (recommend at least five days) in advance of VI maintenance/repair service.

11.4 U.S. Owned company personnel will be required to provide the security forces with vehicle registration, proof of insurance, and driver’s license.

11.5 Infrequent Access (<30 days/year): Unless the contractor/visitor is registered in the Defense Biometric Identification System (DBIDS), all infrequent visitors of less than 30 consecutive days will be required to stop at the Pass and Decal office every day to obtain a one-day pass until work is completed. Information regarding how to obtain the day passes will be provided by the DGR.

12.0 NON-PERSONAL SERVICE STATEMENT

Contractor management will ensure that employees properly comply with the performance work standards outlined in this 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 this project 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.

13.0 EMPLOYMENT OF FEDERAL EMPLOYEES

The contractor shall not employ or enter into a contract with any person to perform work under this contract who is an employee of the United States Government, either military or civilian, unless such person receives approval IAW applicable Federal and DOD regulations.

14.0 PERSONNEL COMPLIANCE

The contractor shall ensure that contractor employees observe and comply with all local and higher authority policies, regulations, and procedures concerning fire, safety, environmental protection, sanitation, security, traffic, parking, energy conservation, flag courtesy, “off -limits” areas, and possession of firearms or other lethal weapons. When two or more directives or instructions apply, the Contractor shall comply with the more stringent of the directives or instructions.

15.0 IDENTIFICATION (ID) BADGE

The Contractor (to include subcontractors) shall provide each employee an Identification (ID) Badge, which includes at a minimum, the Company Name, Employee Name and a color photo of the employee. ID Badges shall be worn at all times during which the employee is performing work under this contract. Each Contractor (to include subcontractors) employee shall wear the ID Badge in a conspicuous place on the front of exterior clothing and above the waist except when safety or health reasons prohibit. The Contractor (to include subcontractors) shall be responsible for collection of ID Badges upon completion of the contract or termination of employee. A listing of issued identification cards shall be furnished to the KO prior to the contract performance date and updated as needed to reflect Contractor and subcontractor personnel changes.

16.0 SMOKING/DRUG/ALCOHOL POLICY

The contractor shall comply with local command smoking policies and workforce requirements.

The contractor shall also comply with all Federal statues, laws, and regulations to implement a Drug Free Workplace Program (DFWP) as well as work force requirements and local command policies.

17.0 PERSONNEL CONDUCT

The selection, assignment, reassignment, transfer, supervision, management, and control of contractor personnel employed to perform the work specified herein shall be the responsibility of the contractor. The contractor shall be responsible for the performance and conduct of contractor and subcontractor employees at all times. The contractor shall ensure that personnel present a professional appearance. Personnel employed by the contractor in the performance of this contract, or any representative of the contractor entering the installation shall abide by the security regulations listed in the contract and shall be subject to such checks by the Government as deemed necessary. The contractor shall not employ for performance under this contract any person whose employment would result in a conflict of interest with the Government’s standards of conduct.

18.0 PERSONNEL REMOVAL

Government rules, regulations, laws, directives, and requirements that are issued during the term of the performance period relating to law and order, installation administration, and security shall be applicable to all contractor employees and representatives who enter the installation.

Violation of such rules, regulations, laws, directives, or requirements shall be grounds for removal (permanently or temporarily as the Government determines) from the work site or installation. Removal of employees does not relieve the contractor from the responsibility for the work defined in this performance work statement. The contractor is expected to provide support services despite personnel removal or other unforeseen condition(s). Should replacement become necessary, the government reserves the right to review all resumes of proposed candidates.

18.1 Removal by Installation Commander: The Installation Commander may, at his/her discretion, bar an individual from the installation under the authority of 18 U.S.C.

1382 (1972), for conduct that is determined to be contrary to good order, discipline, or installation security and safety.

18.2 Removal Requested by Designated Government Representative (DGR): The DGR may require the contractor to remove am employee working under this contract for reasons of misconduct or security violations. Contractor employees shall be subject to dismissal from the premises upon determination by the DGR that such action is necessary in the interest of the Government.

18.3 Removal by Military Police: Contractor employees may be denied entry to or may be removed from the installation by Military Police if it is determined that the employee’s presences on the installation may be contrary to good order, discipline, or installation security and safety.

18.4 Removal for Unsatisfactory Performance: The government reserves the right to require the Contractor to remove and replace any personnel who provide unsatisfactory performance, demonstrate insufficient knowledge, or possess inadequate skill levels necessary to complete assigned tasks. The skill level of the staff provided shall be current and consistent with new technologies.

19.0 INTERACTION WITH OTHER ACTIVITIES

Government and contractor personnel will be working in common areas during working hours.

Contractor performance shall not interfere with Government work in the area where any service or maintenance work is being performed. In the event the contractor believes that Government and other contractor personnel are interfering with the performance of the tasks described in this PWS, the contractor shall notify the Designated Government Representative immediately. The contractor is obligated to continue performance of the effort described in this contract unless there is authorization from the KO or Designated Government Representative to stop work.

Failure by the contractor to notify the Designated Government Representative and receive necessary instructions could result in denial of any additional costs incurred in performance of the contract under such conditions. Other Government contractor’s may be performing required services in areas that interrelate with the requirements of this contract. The Government will facilitate initial contact between contractor’s performing other contracts and this contract. The contractor shall provide all further required coordination between other contractor’s for any task specified in this contract that relates to or impacts on any other contracted work.

20.0 SAFETY

The Contractor is solely responsible for compliance of all safety regulations of employees while working on government owned facilities. All accidents which may arise out of, or in connection with, performance of services required herein which result in injury, death, or property damage, shall be reported in writing to the Contracting Officer and Designated Government Representative within twenty-four hours of such occurrence. Reports shall provide full details of the accident, including statements from witnesses. The fore-going procedures shall also apply to any claim made by a third party against the contractor as a result of any accident that occurs in connection with performance under this contract.