PWS for Ethiopia Transportation.pdf

Performance Work Statement (PWS) for Addis Ababa Transportation Services

Part 1: General This is a non-personnel services contract to provide transportation services throughout Ethiopia.

The Government shall not exercise any direct 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 Description of Services/Introduction: The contractor shall provide all personnel, equipment, tools, materials, supervision, other items, and non-personnel services necessary to perform as defined in this PWS. The contractor shall perform to the standards in this contract.

1.2 Background: Through unified action with United States and international partners in East Africa, Combined

Joint Task Force-Horn of Africa conducts security force assistance, executes military engagement, provides force protection, and provides military support to regional counter-violent extremist organization operations in order to support aligned regional efforts, ensure regional access and freedom of movement, and protect United States interests. Be prepared to execute and/or provide support to crisis response and limited contingency operations in order to protect United States military, diplomatic, and civilian personnel, facilities, and interests.

The CJTF-HOA Area of Responsibility (AOR) consists of Djibouti, Somalia, Yemen, Ethiopia, Sudan, Eritrea, Kenya, Seychelles, Comoros, Mauritius, Madagascar, Uganda, Rwanda, and Tanzania.

1.3 Scope: The contractor shall provide services for the transport of military personnel throughout Ethiopia. CJTF-

HOA personnel requiring this service is based in, but not limited to Addis Ababa. Transportation services shall be provided throughout Ethiopia to include: Addis Ababa, Axum, Awasa, Bahir Dar, Dire Dawa, Gode, Gonder, Jima, and Mekele. Other locations in Ethiopia not specifically listed above are within the scope of this contract. The contractor must be prepared to provide transportation services in areas that may be perceived as hostile or dangerous. Services include a vehicle, driver, fuel, lodging and per diem as necessary. The contractor is responsible for all services listed above, which should be included within the contract price. The Contract should include the pricing for:

1. VAN 15 PAX: 1 x 15 passenger van with dedicated driver available 24/7 for 365 days in accordance with information in PWS

2. VAN 15 PAX- 1 x 15 passenger van with dedicated driver available upon request not to exceed 60 days as required by the Government in accordance with information in PWS

3. SUV 5 PAX: 1 x light armored 4x4 SUV (Toyota Land Cruiser or equivalent) with dedicated driver available upon request for up to 60 days as required by the Government in accordance with information in PWS

1.4 Period of performance: The period of performance shall be for 1 base year of 12 months and two 12-month option years. The period of performance reads as follows:

1 November 2024 through 31 October 2025 1 November 2025through 31 October 2026 1 November 2026 through 31 October 2027

The government reserves the right to extend the term of this contract at the prices set forth in Section B in accordance with the terms and conditions contained in clause 52.217-9 entitled, "Option to Extend the Term of the Contact."

1.5 General Information

1.5.1 Quality Control (QC): The contractor shall develop and maintain an effective QC program 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 QC program is the means by which he assures himself his work complies with the requirement of the contract.

1.5.2 Quality Assurance (QA): The government shall evaluate the contractor's performance under this contract in accordance with the quality assurance plan (QASP). This plan is primarily focused on what the government must do to ensure the contractor has performed in accordance with the performance standards.

It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rates.

1.5.3 Government remedies: The Contracting Officer shall follow Federal Acquisition Requirement (FAR) 52.212-4, "Contract Terms and Conditions-Commercial Items" for a contractor's failure to perform satisfactory services or failure to correct non-conforming services.

1.5.4 Hours of operation. The contractor is responsible for conducting 24/7 operations.

1.5.5 Place of Performance: The work to be performed under this contract will be performed in various locations throughout Ethiopia.

1.5.6 Type of Contract: Firm Fixed Price.

1.5.7 Contracting Officer’s Representative (COR): The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure the contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including government drawings, designs, and specifications; monitor contractor's performance and notify both the Contracting Officer and contractor of any deficiencies; coordinate availability of government-furnished property; and provide site-entry of contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the contractor, states the responsibilities and limitations of the COR. The COR is not authorized to change any of the terms and conditions of the resulting order. COR: To be Determined

1.5.8 Contract Manager: The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the Contracting Officer (KO). The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

1.5.9 Contract Line Item: The contractor shall confirm requirement with KO prior to executing line item 0002 or 0003. The COR must provide proper justification and funding prior to utilizing any CLIN outside the primary line item. A declining balance on the 60 day NTE amount shall be kept by both the contractor and COR.

Part 2: Definitions and acronyms

Accident repairs: Repairs required as a result of collision; regardless of whether the object collided with a vehicle, or whether the vehicle requiring repairs was the moving unit. Contracting Officer's Representative (COR): A representative from the requiring activity appointed in writing by the KO to perform surveillance and to act as liaison to the contractor.

Criminal act: A violation of a criminal law.

Disabled vehicle: A damaged, worn out, or malfunctioning vehicle.

Defective service: A service output that does not meet the standard of performance associated with it in the PWS.

Fair wear and tear: The deterioration of items attributed to normal usage.

Government: the Government of the United States of America unless specifically stated otherwise.

Quality Assurance Surveillance Plan (QASP): A written document specifying the surveillance method used for surveillance of contractor performance.

Quality Control (QC): Actions taken by a contractor to control the performance of contracted services to meet PWS requirements.

Quality Assurance (QA): Actions taken by the government to assure contracted services meet PWS requirements.

Scheduled maintenance: Periodic manufacturer prescribed inspections or servicing of equipment, accomplished on a calendar, mileage, or hours-of-operation basis.

Unscheduled maintenance: Maintenance that is not scheduled but is required to correct deficiencies and to restore the vehicle or equipment to a serviceable condition.

Major repair: Any repair, scheduled or unscheduled maintenance that requires the vehicle to remain either out of service or at the repair facility for more than 48 continuous hours.

Minor repair: Any repair, scheduled or unscheduled maintenance that requires the vehicle to remain either out of service or at the repair facility for more than 24 continuous hours but less than 48 continuous hours.

Out of service: Any condition, scheduled or unscheduled maintenance, or repair that does not permit the utilization of a vehicle for its intended purpose for more than 24 hours.

Services: The services performed, workmanship, and equipment furnished or utilized in the performance of this contract.

Part 3: Government-furnished items and services

3.1 The government does not anticipate a requirement to provide facilities, equipment, materials, and/or services to the contractor.

Part 4: Contractor-furnished items and services

4. The following minimum criteria shall be met at the time of the acceptance inspection.

4.1 Vehicles. Vehicles will be delivered with drivers to the location at the time and place agreed to by the Government and Contractor throughout the contract period of performance.

4.2 Vehicles cannot have any reflective or distinctive markings or stickers not otherwise required by the Government of Ethiopia. At a minimum, vehicles shall include 3.0 liter, four door, four wheel drive (SUV Only), and capable of carrying the designated number of passengers. Vehicles shall be white in color and have all originally installed panels, covers, and hubcaps.

4.2.1 VAN 15 PAX – Standard size, room for 15 personnel with four bags.

4.2.2 VAN 15 PAX – Standard size, room for 15 personnel with four bags.

4.2.3 SUV 5 PAX - Standard size, room for 5 personnel with four bags.

4.3 Vehicle Condition. Vehicles provided in the performance of this contract must be provided in a good working condition. Both the exterior and the interior of the vehicles must be free of excessive soil, rust, and damage and without excessive wear and tear. Vehicles must be clean and serviceable at time of delivery.

Age of vehicles provided shall not exceed 7 years.

4.4 Safety Items. The contractor will comply with all applicable Ethiopian safety standards and ensure all work performed under this contract is completed in a safe manner. Each vehicle must meet all host nation safety requirements and have, as a minimum, the following safety features: seatbelts (must have one for each passenger—including jump seats), rear view mirrors, windshield wipers, front and rear-window defogging, functioning window controls, functioning door latches, parking brake, 1 spare tire in good condition for VANS, 2 spare tires in good condition for SUVs, minimum tread depth of any tire not to exceed 5/32”, tire jack, all working interior and exterior lights, first aid kit with tourniquet, and a working horn. All vehicles must be mechanically and electrically reliable.

4.5 Air Conditioning. Vehicles shall have fully functioning air conditioning.

4.6 Mileage. The Government requires UNLIMITED mileage for each vehicle.

4.7 Communications. Vehicle drivers must have the capability to immediately communicate with his/her office, either radio-dispatched and/or a cell phone. All vehicles shall have an installed AM/FM radio.

4.8 Supplemental equipment. None

Part 5: Tasks

Basic services. The contractor shall provide drivers, vehicles, maintenance and fuel in accordance with the tasks described below.

5.1 Drivers:

5.1.1 Drivers shall complete their mission without unnecessary stopping. Necessary stopping is defined, as stopping that is needed in direct connection with the performance of this contract.

Examples of necessary stopping are stopping for fuel, stopping to use lavatory facilities, and stopping for food. Drivers shall not operate the vehicles under the influence of any drugs, to include khat and alcohol while performing under this contract.

5.1.2 Drivers MUST have passed or be able to pass a US Embassy background check for access to the Embassy compound.

5.1.3 Driver Supervisor shall have completed the Government sponsored Bill Scott Racing (BSR) driver’s training course or equivalent. Drivers are required to have completed the Smith System DriverDirect course. Driver Supervisor shall possess a Grade-04 Ethiopian driver’s license. Drives shall possess at least a Grade-03 Ethiopian driver’s license.

5.1.4 Drivers shall be English proficient to a 3/3 level and capable of communicating by verbal and textual means. Drivers shall serve as interpreter for mil-to-mil and civilian engagements with no additional cost to the Government.

5.1.5 Drivers shall have 10 years of experience driving on behalf of the Department of State and/or Department of Defense. Contractor shall submit driver names, years they served as driver for the embassy and what embassy they worked for. Drivers should be familiar with Combined Joint Task Force-Horn of Africa local objectives and Ethiopian National Defense Forces organization.

5.1.6 Drivers shall be available 24 hours a day during the performance of this contract. Vehicles will be required to be driven up to 300 km daily

5.1.7 Familiarization with the Operational Area: Drivers shall have a working knowledge of the primary areas that CJTF-HOA personnel will operate. Drivers should know the locations of major airports, hotels and landmarks, to include Government installations in Addis Ababa, but not limited to those areas. Drivers should be able to effectively navigate the roads within these areas.

5.1.8 Personnel Health Requirements. All employees must be in good general health without physical disabilities that would interfere with the acceptable performance of their duties. All employees shall be free from communicable disease. They shall possess vision in both eyes, correctable to 20/30 and shall not be colorblind. Drivers shall be able to lift 100 lbs. for 100 meters.

5.2 Replacement Vehicles.

5.2.1 Replacements shall be provided for all vehicles that are out of service, or experienced major repairs more than once over the life of any resultant contract (at the option of the user) with one

(1) hour of notice by the driver at any time. Replacements shall be provided for all vehicles that are not accepted by the COR or that are no longer in the condition to meet the contract requirements. The replacement vehicle will be of the same specifications as the original vehicle. If a vehicle of the same specifications is not immediately available, a vehicle with different specifications may be substituted if authorized by the Contracting Officer. The government shall be eligible for a discount on any vehicles that have specifications less than the specification of the vehicle or vehicles being replaced.

5.3 Maintenance.

5.3.1 The contractor shall perform both scheduled and unscheduled maintenance at a facility they designate. Contractor will provide all parts, labor, and expertise necessary to complete required maintenance tasks. Parts include those items that must be replaced due to normal wear and tear such as windshield wipers, tires, headlamps, filters, fluids, and lubricants.

5.3.2 Scheduled maintenance. The contractor shall perform periodic prescribed OEM inspections or servicing of equipment, accomplished on a calendar, mileage, or hours-of-operation basis. For vehicles that are turned in for scheduled maintenance contractor shall provide a one for one trade at the time of turn-in.

5.3.3 Unscheduled maintenance. Maintenance that is not scheduled but is required to correct deficiencies and to restore the vehicle or equipment to a serviceable condition.

5.4 Accident repairs.

5.4.1 Repairs required as a result of collision; regardless of whether the object collided with a vehicle, or whether the vehicle requiring repairs was the moving unit.

5.5 Inoperable Vehicles.

5.5.1 For vehicles that are rendered inoperable, the contractor shall replace vehicle within 48 hours due to break-downs or accidents. The contracting officer may take into consideration the location of the inoperable vehicle when assessing liquidated damages. The contracting officer will contact the contractor for a replacement vehicle. Contractor will be contacted by phone and/or email.

5.5.2 Recovery. Upon proper notification, the contractor will recover disabled vehicles within 48 hours. This service shall be available 24 hours a day.

5.6 Fuel and petroleum services.

5.6.1 Fuel: All fuel used within a 100 km radius of the U.S. Embassy in Addis Ababa, Ethiopia shall be provided by the contractor at no cost to the government.

5.6.2 Fuel: All fuel used for travel outside the 100km radius of the U.S. Embassy Addis Ababa, Ethiopia shall be invoiced as an actual per month, receipts will be signed by the customer and submitted with the monthly invoice (separate line item).

5.7 Travel Expenses.

5.7.1 For purposes of this contract, contract drivers shall be based in Addis Ababa. For travel outside of the Addis Ababa Operating Area, the Contractor and COR shall annotate number of days. Lodging/Incidentals shall be paid for by the CJTF-HOA directorate that is utilizing the transportation services. The per diem rate shall be $75 USD daily, starting on the first day of travel. If the COR determines that the operating area in which the team travels to poses a significant operational or safety concern (i.e. Force Protection Requirements), the COR may authorize per diem (max lodging plus meals) up to the value listed on the Defense Travel Management Office’s Maximum Per Diem Rates Outside The Continental United States Travel Per Diem Allowances table, for the applicably locality.

Part 6: Key Personnel

6.1 The following positions are considered key personnel by the government: Driver Supervisor and Driver. Should changes to key personnel be necessary, the contractor shall notify the Government in writing of the proposed substitution and their qualifications. The Government retains the authority to accept or reject the qualifications of any key personnel.

6.1.2 Driver Supervisor: Driver Supervisor duties shall include ensuring requirements of PWS are carried out; executing required maintenance functions on the vehicles and providing such informational maintenance records as requested by the CONTRACTING OFFICER’S REPRESENTATIVE; providing information as required; ensuring equitable rotation amongst drivers as far as schedule to accommodate customer requirements.

6.1.3 Driver: Drivers shall be provided in accordance with paragraphs 5.1 and 7 of this Performance Work Statement.

Part 7: Standards of Conduct

7.1 The Contractor shall maintain satisfactory standards of employee competency, conduct, cleanliness, appearance and integrity; and shall be responsible for taking such disciplinary action with respect to employees as required. Each Contractor employee is expected to adhere to standards of conduct that reflect credit on themselves, their employer, and the United States Government. The Government reserves the right to direct the Contractor to remove an employee from the worksite/team facility for failure to comply with the standards of conduct. The Contractor shall immediately replace, within 24 hours, such an employee to maintain continuity of services at no additional cost to the Government.

7.2 Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words, actions, or fighting shall not be condoned. Also included is participation in disruptive activities that interfere with normal and efficient Government operations.

7.3 Intoxicants and Narcotics. The Contractor shall not allow its employees while on duty to possess, sell, consume, or be under the influence of intoxicants, drugs or substances that produce similar effects, to include khat.

7.4 Criminal Actions. Contractor employees may be subject to criminal prosecution as allowed by law in certain circumstances. These include but are not limited to the following actions: falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records or concealment of material facts by willful omission from official documents or records; unauthorized use of Government property, theft, vandalism, or immoral conduct; unethical or improper use of official authority or credentials; security violations; and organizing or participating in gambling in any form.

7.5 Legal Compliance. The vendor shall be responsible for compliance with all pertinent local laws concerning the rental or lease of motor vehicles and have valid driver’s licenses.

8. Points of Contact:

8.1 The contractor will provide a point of contact(s) to interface with the COR on issues concerning this contract.

9. Security:

9.1 The Government reserves the right to deny access to U.S. owned and U.S. `operated facilities to any individual. The Government will run background checks on all proposed Contractor employees. The Contractor shall provide the names, biographic data and place be reached and respond to US Government requests 24 hours a day for the term of the contract. Clearance on all Contractor personnel who shall be used on this contract. The Government has the right to require additional background / security checks if deemed necessary by the COR. If it is determined at any time during the performance of this contract that the Contractor is a risk to US Government personnel or property, this determination shall be grounds for immediate termination of this contract. The contractor shall submit all required information within five days.

9.2 The Contractor shall advise U.S. personnel if situations arise during conversations that could reflect adversely upon the U.S. Government.

9.3 All information to which the Contractor is exposed while in the presence of U.S. Government Officials shall be considered confidential in nature and shall not be disclosed to other parties. Contractor shall not discuss U.S. business outside of official forums. Contracted Drivers shall not divulge planned routes, trips or locations.

9.4 Identity Cards: The Government shall issue identity cards to Contractor personnel, after they are approved. Contractor personnel shall display identity card(s) on the uniform at all times while on Government property or providing services under this contract. These identity cards are the property of the Government. The Contractor is responsible for their return at the end of the contract award.

10. Insurance, contractor liability, permits and indemnification:

10.1 The Contractor, at the Contractor’s expense, shall maintain adequate public liability and property damage insurance during the continuance of this contract, insuring the Contractor against all claims for injury or damage.

10.2 Contractor Liability: The Contractor assumes responsibility for all damage or injury to persons or property occasioned through the use, maintenance, and operation of the Contractor’s vehicles or other equipment by, or the action of, the Contractor or the Contractor’s employees and agents. The Contractor shall, at its own expense, provide and maintain during the entire performance period a minimum of the following insurance amounts:

Bodily Injury stated in US Dollars:

Per Occurrence: $(unlimited) Cumulative: $30,000.00 Property Damage stated in US Dollars:

Per Occurrence: $(unlimited) Cumulative: $30,000.00

Proof of insurance shall be provided within five days after contract award.

10.3 The Government shall in no event be liable or responsible for damage or injury to any person or property occasioned through the use, maintenance, or operation of any vehicle or other equipment by, or the action of, the Contractor or the Contractor’s employees and agents in performing under this contract, and the government shall be indemnified and saved harmless against claims for damage or injury in such cases.

10.4 The Government imposes no bonding requirements on this contract. The Contractor shall provide any official bonds required, pay any fees or costs involved or related to the authorization for the equipping of any employees engaged in providing services specified under this contract if such bonds or payments are legally required by the local government or local practice.

10.5 Employee Salary Benefits. The Contractor shall be responsible for payment of all employee wages and benefits required by host country law or agreements with its employees. The Government, its agencies, agents, and employees shall not be part of any legal action or obligation regarding these benefits which may subsequently arise. Where local law requires bonuses, specific minimum wage levels, premium pay for holidays, payments for social security, pensions, sick or health benefits, severance payments, child care or any other benefit, the Contractor is responsible for payments of such costs and must include all such costs in the fixed prices in this contract.

10.6 Permits. Without additional cost to the Government, the Contractor shall obtain all permits, licenses, and appointments required for the prosecution of work under this contract. The Contractor shall obtain these permits, licenses, and appointments in compliance with applicable host country laws. Application, justification, fees, and certifications for any licenses required by the host government are entirely the responsibility of the Contractor.

10.7 Government as additionally insured. The general liability policy required of the Contractor shall name “the United States of America, acting by and through the Department of Defense: as an additional insured with respect to operations performed under this contract.”

11. Mishap/ Accident reporting:

11.1 The Contractor shall maintain an accurate record and submit a Mishap Prevention Report of all vehicle accidents, incidents, hazards, and injuries to Contractor or Government personnel arising in the course of performance under this contract. The report shall describe the incident and the actions the Contractor is taking or has taken to prevent recurrence of the incident. Further, the Contractor fully agrees to make available personnel, personnel records, vehicle records, all applicable incident/accident reports, and any equipment, damaged or undamaged, deemed necessary by the Contracting Officer.

12. Authorized changes made only by the Contracting Officer.

12.1 Except as specified, no order, statement, or conduct of Government personnel who visit the Contractor’s facilities or in any other manner communicates with Contractor personnel during the performance of this contract shall constitute a change under the Changes clause of this contract. The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.

12.2 The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, said authority remains solely the Contracting Officer’s. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase incurred as a result thereof.

13. Invoicing.

13.1 The Contractor submits a monthly invoice (on company letterhead) to the COR for review and acceptance. The COR will then confirm and sign the invoice and forward to CJTF HOA-CCO before payment can be made. The Contractor will be paid on the basis of the invoice, which must state the following:

(a) Starting and ending dates;

(b) Invoice number;

(c) Contact information;

(d) CLINs that are being billed against as stated in the contract;

(e) Amount for each CLIN being billed;

(f) Date Invoice submitted;

(g) Signature of Contractor.

13.2 All payments will be made in US dollars via Electronic Funds Transfer (EFT).