NitrogenCylinder_PWS.docx

PERFORMANCE WORK STATEMENT (PWS)

PART 1

GENERAL INFORMATION

1. GENERAL

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, tools, materials, supervision, and other items and non-personal services necessary to perform recertification of 816 Nitrogen Cylinders as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2 Scope: Contractor must recertify all 816 cylinders in accordance with all applicable publication stated under Part 6 of the PWS. The contractor is required to meet all Performance Objectives laid out in Technical Exhibit 1 of the PWS.

1.3 Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and two (2) 12-month option years. The Period of Performance reads as follows:

Base Year Option Year I Option Year II

1.4 General Information

1.4.1 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.4.2 Recognized Holidays: Contractor is not required to perform any service on the following recognized holidays:

Independence Day

1.4.3 Hours of Operation: Sierra Army Depot operates between the hours of 0630-1700 Monday thru Thursday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. All deliveries and pickups will be made during this time. As the contractor if you wish to reach out for any reason, please make sure to do so during our hours of operation.

1.4.4 Place of Performance: The work to be performed under this contract will be performed at Contractors Facility.

1.4.5 Type of Contract: The government will award a Firm Fixed Price (FFP) contract.

1.5 Security:

1.5.2 Physical Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use.

1.6 Special Qualifications: The contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures located in Part 6.

1.7 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.8 Contracting Officer Representative (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that 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, specifications: monitor Contractor's performance and notifies 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, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.9 Personnel

1.9.1 Key Personnel: The follow personnel are considered key personnel by the government:

1.9.1.1 Contract Manager: The contract manager shall be responsible for all matters related to this contract. 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. 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. The contract manager or alternate shall be available between 0630 and 1700, Monday thru Thursday except Federal holidays or when the government facility is closed for administrative reasons.

1.9.2 Identification of Contractor Employees: All contract personnel attending meetings 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.

1.10 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications, work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.11 Environmental Notification: Contractor shall comply with the following environmental sections.

1.11.1 Compliance with Environmental Laws and Regulations: Contractor shall comply with all applicable federal, state, and local environmental laws, statutes, regulations, executive orders, permits, Army regulations (with supplements), as well as Major Subordinate Command (MSC) and Sierra Army Depot (SIAD) regulation, policy, Host Tenant Agreement, Interagency Service Support Agreement, or Status-of-Forces Agreement. Contractor shall immediately report any conflicts between applicable federal, state, local environmental laws, statutes, executive orders, and provisions of Army Regulation 200-1, and any specifications within this contract to the Contracting Officer Representative (COR).

1.11.2 Compliance with Green Procurement Requirements: Contractor shall follow all applicable Federal EPA Comprehensive Procurement guidelines (www.epa.gov/cpg) and Army Contracting Command Quick Guide (https://acc.aep.army.mil/accapps/ACCMAP/Documents/Quick-Guide-for-Sustainable-Procurement.docx) for acquisition of building materials and products and select materials that have a long life cycle; the least toxic materials; recyclable materials; materials that are resource-efficient; materials with the maximum recycled content; materials harvested on a sustained yield basis; and products causing the least pollution during their manufacture, use, and reuse.

1.11.3 Compliance with License and Certification Requirements: Contractor shall obtain all license and certification required by Federal, State, and Local environmental laws and regulations necessary to adhere to the specifications of this contract. The Contractor shall submit all plans, notifications, reports, submittal documents, and fees required by Federal, State, and Local environmental laws and regulations to the appropriate Federal, State, and Local authority and/or agency as necessary to adhere to the specification of this contract. All required licenses and certifications required by Federal, State, and Local environmental laws and/or regulations shall be considered a contract deliverable upon award.

1.11.4 Notification of Federal and State Regulators: Contractor shall immediately notify the Designated Government Representative (DGR) and COR of the arrival on site of any Federal, State, local and/or DoD environmental regulator or enforcement agent and/or the receipt of any correspondence from above mentioned environmental regulatory agencies.

1.11.5 Inspection of Work Sites: N/A

1.11.6 Reporting Noncompliance: Contractor shall immediately report any nonconformance and/or noncompliance with applicable Federal, State or Local environmental laws, Army and installation environmental regulations or policies to the COR and DGR.

1.11.7 Verification of National Environmental Policy Act Documents: N/A

1.11.8 Conformance with Environmental Management System: N/A

1.11.9 Assignment of Environmental Compliance Designee (ECD): N/A

1.11.10 Competency Training for Contractor Personnel: N/A

1.11.11 Generation of Solid Waste: N/A

1.11.12 Generation of Hazardous Waste: N/A

1.11.13 Use of Hazardous Materials: N/A

1.11.14 Prevention of Storm Water Pollution: N/A

1.11.15 Low Impact Design: N/A

1.11.16 Use of Pesticides: N/A

1.11.17 Protection of Worksite Resources: N/A

1.11.18 Prevention of Spills: N/A

1.11.19 Protection of Sensitive Areas: N/A

1.11.20 Corrective Action for Noncompliance: N/A

1.11.21 Noise: N/A

1.11.22 Mercury Materials: N/A

1.11.23 Universal Waste / e-waste Management: N/A

1.11.24 Pollution Prevention / Hazardous Waste Minimization: N/A

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor having a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5. DELIVERABLE. Anything that can be physically delivered but may include non-physical things such as meeting minutes.

2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

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

2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

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

2.1.12. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.12. WORK WEEK. Is defined as Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: N/A

3.2 Facilities: N/A

3.3 Utilities: N/A

3.4 Equipment: N/A

3.5 Materials: Nitrogen Cylinders (serialized), and Valve Replacements (internal control numbers)

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The Contractor shall furnish all supplies, equipment, facilities, and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.2 Facility Clearance: N/A

4.3. Material: The Contractor shall furnish materials, supplies, and equipment necessary to meet the requirements under this PWS.

4.4. Equipment: The Contractor shall furnish all equipment to meet the requirements under this PWS.

4.5. Deliverables: See Technical Exhibit

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services. The contractor shall provide recertification on a total of 816 Nitrogen Cylinders throughout this three-year contract.

5.1.1 Base Year: Recertification of 240 Nitrogen Cylinders

5.1.2 Option Year One (1): Recertification of 288 Nitrogen Cylinders

5.1.3 Option Year Two (2): Recertification of 288 Nitrogen Cylinders

5.2 Transportation: Sierra Army Depot (SIAD) will be solely responsible for the transportation, within a 250-mile radius of the SIAD Installation, of all cylinders to and from the contractor’s facility. The contractor is to communicate with the COR to indicate when cylinders can be delivered and when they are ready for pickup. All deliveries will have a SIAD Form 3161 with them to be updated by the contractor prior to pick up on each set.

5.2.1 Cylinders will be transported 48 each at a time. Contractor is responsible for offloading the pallet upon arrival. All cylinders once recertified must be repalletized on the pallet they arrived in for SIAD to pick up.

5.3 Recertification: All cylinders must be inspected, Hydrostatic tested, refilled, charged, and stamped.

5.3.1 Cylinders must be filled with nitrogen IAW A-A-59503, Type 1, Grade B, and Class 1.

5.3.2 Contractor must stamp each cylinder in accordance with CFR 49 Part 180, subpart C, 180.213, with the exception of engraving as this will not be allowed on these cylinders.

5.3.3 Contractor must annotate on SIAD Form 3161 all passed cylinders, failed cylinders, and all failed valves (A001).

5.4 Failures: The contractor is responsible to notify the COR for any Cylinder or Valve failures.

5.4.1 Cylinder Failures: Contractor must immediately contact the COR when any cylinder fails. The COR will coordinate a cylinder replacement drop off and pick up of the failed unit, and SIAD will dispose of failed cylinder. Failures must be annotated on the 3161.

5.4.2 Valve Failures: SIAD will provide 20 each new valves at a time. These valves are to be used to replace valve failures. The contractor is required to annotate on the 3161 what cylinders had their valves replaced and all bad valves should be returned to SIAD for disposal.

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

6.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures.

6.1.1 CFR 49, Part 180

6.1.2 Federal Specification RR-C-901E-Cylinders, Compressed Gas with Valve of Plug and Cap, DOT 3AA

TECHNICAL EXHIBIT 1

Performance Requirements Summary

Performance Objective

Method of Surveillance

PRS # 1.

Cylinder Recertification.

PWS Para 5.3

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

Contractor must annotate on SIAD Form 3161 all passed cylinders, failed cylinders, and all failed valves (CDRL A001).

PWS 5.3.3

PDF.

COR

CONTRACT DATA REQUIREMENT LIST, PREVIOUS EDITION MAY BE USED

Form Approval OMB No. 0704-0188

The public reporting burden for this collection of information is estimated to average 110 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Executive Services Directorate (0704-0188). Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. Please do not return your form to the above organization. Send completed form to the Government Issuing Contracting Officer for the Contract/PR No. listed in Block E.

1. DATA ITEM NO: A001

2. TITLE: Form 3161

3. SUBTITLE:

4. AUTHORITY: Contractor Format

5. CONTRACT REFERENCE: PWS paragraph 5.3.3

6. REQUIRING OFFICE: IBO

7. DD250 REQ: No

8. APP CODE:

9. DIST. STATEMENT REQ:

10. FREQUENCY: Before every pickup

11. AS OF DATE: Contract Award

12. DATE OF FIRST SUBMISSION: Base Year

13. DATE OF SUBS. SUBMISSION: Two Option Years

14. DISTRIBUTION:

A. ADDRESSEE: COR

B. COPIES:1

DRAFT:

FINAL:

REG REPRO:

15. TOTAL COPIES: 1

16. REMARKS: Contractor must annotate on SIAD Form 3161 all passed cylinders, failed cylinders, and all failed valves (CDRL A001).

17. PRICE GROUP:

18. ESTIMATED TOTAL PRICE: Not Separately Priced (NSP) G. PREPARED BY: Alaine Barrea

H: DATE: 6/21/2023

I: APPROVED BY:

J: DATE: