PeakLogix -VLM Maintenance PWS- FY26.docx

PERFORMANCE WORK STATEMENT

Vertical Lift Modules and Software Upgrades

1. GENERAL: This is a non-personnel services contract to provide maintenance and repair services at a fixed price for Vertical Lift Module and Carousel and Aisle Saver Storage system to include software support. 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. BACKGROUND:

1.2. SCOPE OF WORK: The Contractor shall provide qualified personnel, services, materials, equipment, supplies and facilities necessary to perform service contract for Vertical Lift Module and Carousel and Aisle Saver Storage system to include software support.

1.2.1. The Contractor shall comply with all applicable laws, rules and regulations, including but not limited to those included in Section 6 of the PWS.

1.3. SAFETY REQUIREMENTS: The Contractor shall maintain safety and health standards compliant with requirements of the Occupational Safety and Health Administration (OSHA).

1.4. SECURITY REQUIREMENTS: The Contractor shall be responsible for the security of all Soldier information.

1.4.1. Neither the Contractor nor any of its contract service providers shall disclose or cause to disseminate any information concerning operations of military activities. Such action(s) could result in violation of the contract and possible legal actions.

1.4.2. All inquiries, comments or complaints arising from any matter observed, experienced, or learned of as a result of or in connection with the performance of this contract, the resolution of which may require the dissemination of official information, shall be directed to the contracting officer representative (COR) and the contracting officer.

1.4.3. The Contractor shall only conduct business with designated government personnel listed as points of contact (POCs). Names of authorized personnel shall be provided to the Contractor by the government, in writing, and updated as necessary throughout the contract period.

1.4.4. U.S. Government records, copies of original results and reports, verified original data, corrected data, and corrected supporting final reports are maintained by the Contractor, but remain the property of the U.S. Government. These files/results must be surrendered to the COR.

1.4.7. IDENTIFICATION OF PRIVACY ACT. This contract requires the development of a system of records in accordance with the Privacy Act of 1974.

1.5. PERFORMANCE QUALITY: The Contractor shall establish and maintain a complete Quality Control Plan that shall ensure the requirements of the contract are provided as specified in Section 5 of the PWS. Within thirty calendar days after contract award, three copies of a comprehensive written QCP shall be submitted to the COR and within 5 working days when changes are made thereafter.

1.6. PHASE IN /PHASE OUT PERIOD. To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on board, at no additional cost to the government, during the sixty (60) day phase in/ phase out periods. During the phase in period, the Contractor shall become familiar with test requirements in order to commence full performance of services on the contract start date.

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. SUPPORTED SOFTWARE. The computer program Product Designated by you on the Software Support Agreement Registration Form.

2.1.2. PRODUCT UPDATE. A revision to the software or user manual designed to correct an error or improve product performance, or an equivalent solution to work around the error or problem.

2.1.3. NEW RELEASE. A new version of a product that incorporates a series of PRODUCT UPDATES and may incorporate other changes and improvements.

2.1.4. SUPPORT CONTRACT. The authorized individual(s) specified on the Software Support Agreement Registration Form with whom PeakLogix communicates when providing support services. The SUPPORT CONTACT may be you, your employee, or a consultant providing services directly to you. The SUPPORT CONTACT should be knowledgeable about how the SUPPORTED SOFTWARE is being used and its operating environment.

2.1.5. SOFTWARE PROBLEM: Defective software distribution media, and/or software function which is not in conformance with the user manual or other documentation provided with the SUPPORTED SOFTWARE.

2.1.6. CORRECTION of SOFTWARE PROBLEM. The replacement of defective software distribution media and/or making SUPPORTED SOFTWARE’S function complies with the user manual through a PRODUCT UPDATE.

2.1.7. TECHNICAL UPDATES. The time spent by PeakLogix customer support personnel on the telephone with SUPPORT CONTRACT, and time spent by PeakLogix customer support personnel in researching, simulating, testing, documenting, etc. the problem or question.

2.1.8. REMOTE SUPPORT. The use of the internet or other connections approved by PeakLogix to provide remote diagnostic and PRODUCT UPDATE capability. This will be provided at the option of PeakLogix.

2.1.9. THIRD PARTY SOFTWARE. Software that is used in conjunction with the SUPPORTED SOFTWARE but which is not covered under this Agreement.

2.1.10. CONTRACTOR. The term as used in this contract refers to the prime.

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

2.1.13. CONTRACTING OFFICER'S REPRESENTATIVE (COR) / ALTERNATE CONTRACTING OFFICER'S REPRESENTATIVE (ACOR). 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.

2.1.14. PHYSICAL SECURITY. Actions that prevent the loss or damage of government property.

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

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

2.1.17. SUBCONTRACTOR. One that enters into a subcontract and assumes some of the obligations of the primary Contractor.

2.1.18. WORK DAY. The number of hours per day the Contractor provides services.

2.1.19. WORK WEEK. Is defined as Monday through Sunday (dependent on workload and mobilization requirements).

2.2. ACRONYMS:

government and approve modifications to the contract)

3. GOVERNMENT FURNISHED ITEMS AND SERVICES

3.1. MATERIALS.

3.1.1. The Government will not provide any furnished materials.

3.2. FACILITIES.

3.2. GOVERNMENT SERVICES.

3.2.1. The Government will not provide any services.

3.5. GOVERNMENT QUALITY ASSURANCE (QA).

3.5.1. GOVERNMENT QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP).

Technician will respond on-site within 1 business day of initiation of maintenance support request

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES: 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 statement.

4.1.1. PERSONNEL QUALIFICATIONS. An outline of qualifications for the Contractor staff is given below:

4.1.1. A technically qualified and factory-trained individual shall perform preventive maintenance services and repairs. All assigned personnel will have documented records of field service experience.

4.2. MATERIALS. The Contractor shall:

4.2.1. Furnish materials, supplies, and equipment necessary to meet the requirements for the provision of services established under the terms of this contract.

4.3. EQUIPMENT. The Contractor shall:

4.3.1. Provide equipment and instrumentation necessary to in support of CORRECT SUPPORT’s SOFTWARE PROBLEM and CORRECTION of SOFTWARE PROBLEM requirements.

4.4. CONTRACTOR RESPONSIBILITIES. The contractor shall:

4.4.1. Investigate any SOFTWARE PROBLEMS in the SUPPORTED SOFTWARE reported by SUPPORT CONTRACT. If PeakLogix’ s investigation reveals an error, defect, or malfunction in the SUPPORTED SOFTWARE, PeakLogix shall make a reasonable effort to CORRECT SUPPORT CONTRACT SOFTWARE PROBLEM, provide PRODUCT UPDATES, or work out a reasonable alternative with SUPPORT CONTRACT. Examples of reasonable alternatives include, but are not limited to, provision of a temporary CORRECTION or a method of temporarily circumventing SUPPORT CONTRACT SOFTWARE PROBLEM.

4.4.2. Maintain a TECHNICAL SUPPORT CENTER to enable SUPPORT CONTRACT to obtain a timely response to SUPPORT CONTRACT reported SOFTWARE PROBLEMS. The PeakLogix support staff shall make a reasonable effort to investigate a reported SOFTWARE PROBLEM immediately or as soon thereafter as possible. When appropriate, the support staff will provide an estimate of how long it will take to resolve the problem. The staff shall then keep SUPPORT CONTRACT informed of the progress of SOFTWARE PROBLEM resolution. The SOFTWARE PROBLEM may not be resolved until a subsequent NEW RELEASE. When required for in-depth analysis, PeakLogix may request information needed by accessing SUPPORT CONTRACT computer via REMOTE SUPPORT, or by requesting information on diskette or tape.

4.4.3. CONTRACTOR provides software support services under this Agreement to SUPPORT CONTRACT through the designated SUPPORT CONTACT.

4.4.4. EXTRAORDINARY EXPENSES. CONTRACTOR reserves the right to charge for unusual or excessive telephone, shipping, handling, media or user manual expenses in connection with the SOFTWARE SUPPORT to be provided hereunder. In all cases, CONTRACTOR shall notify SUPPORT CONTRACT of these costs in advance.

4.4.5. LICENSE AGREEMENTS. All PRODUCT UPDATES, NEW RELEASES, user manuals (or portions thereof), media, and services provided hereunder are subject to all of the terms and conditions of the License Agreement between SUPPORT CONTRACT and CONTRACTOR, including but not limited to the terms of Limited Warranty, Limitations of Remedies and the software licenses contained therein.

4.4.6. CONTRACTOR shall not be responsible for failure to fulfill, or delay in fulfilling its obligations under this Agreement due to causes beyond its control.

5. DESCRIPTION OF WORK:

5.1.1. GENERAL SCOPE OF COVERAGE. This agreement covers the labor, travel expenses and the material for adjustments, repairs and replacements of parts as necessitated by normal use of the equipment except as hereinafter provided. Damage to the equipment or its parts arising out of misuse, abuse, negligence, accident, disaster, damage from the elements is not covered. In addition, PeakLogix may terminate this agreement in the event the equipment is modified, damaged, altered or serviced by personnel other than those employed by PeakLogix, or if parts, accessories or components not authorized by PeakLogix are fitted to the equipment or if the equipment is not operated in accordance with the purposes and within the specifications for which it was originally intended. Upon the inception of coverage, PeakLogix will inspect the starting condition of the equipment and document any deficiencies. A priced proposal will be provided to bring the equipment back to recommended and proper operating condition. If the deficiencies are not corrected, PeakLogix will maintain the equipment to the level it was found to be at contract inception.

5.1.2. Under a PeakLogix Hardware Support Agreement, SUPPORT CONTRACT will receive repair of all normal failures of the covered equipment at no additional charge for preventive maintenance and emergency service labor, parts, unlimited technical support by phone and travel expenses. Your local technician will arrive on site during normal business hours within a maximum of 24 hours of notification of a failure not reconcilable over the phone, 8 hours per day, 5 days per week. SUPPORT CONTRACT will also receive preventive maintenance visits during the term of the contract (scheduled in advance) to perform periodic maintenance and evaluate equipment.

5.1.3. SERVICE CALLS. Unless specified to the contrary on the attached hereto, service calls under this agreement will be made during normal business hours Monday through Friday (8:30 a.m. - 5:00 p.m.) at the installation address shown on the attached hereto. Travel and labor time for service calls after normal hours, on weekends and on holidays, if and when available, will be charged at overtime rates in effect at the time the service call is made, unless specifically included in this equipment specification section. Preventive Maintenance schedule is based on a 12-month service contract. Modifications to term will affect the number of preventive maintenance visits performed during contract period.

5.1.4. SUPPORT OPTIONS. CONTRACTOR provides the following option for TECHNICAL SUPPORT: Standard 8:00 a.m. to 5:00 p.m. Eastern Time Monday through Friday, excluding holidays. During non-business hours, PeakLogix may not staff the TECHNICAL SUPPORT CENTER. In this case TECHNICAL SUPPORT will be available through designated employees who are on call via cell phone or pager.

5.1.5. EXTENT OF LABOR. Labor performed during a service call includes lubrication and cleaning of the equipment and the adjustments, repairs or replacement of parts described in paragraph 5.1.6. Labor does not include the unloading or reloading of stored product.

5.1.6. REPAIR AND REPLACEMENT OF PARTS. All parts necessary to the operation of the equipment, and subject to the general scope of coverage will be furnished at no additional charge.

5.1.7. SOFTWARE SUPPORT NOT COVERED BY THIS AGREEMENT. Peak Logix has no obligation under this Agreement to support the following:

5.1.7.1. THIRD PARTY SOFTWARE such as Microsoft Windows TM, Oracle, etc.

5.1.7.2. SOFTWARE PROBLEMS resulting from failure to make proper backups;

failure to properly maintain databases, and failure to report database corruption or serious problems in a timely manner.

5.1.7.3. SOFTWARE PROBLEMS resulting from hardware malfunction or THIRD PARTY SOFTWARE.

5.1.7.4. SOFTWARE PROBLEMS that do not significantly impair or affect the operation of the SUPPORTED SOFTWARE.

5.1.7.5. SUPPORTED SOFTWARE used on a computer system other than that specified by you on the Software Support Agreement Registration Form attached.

5.1.7.6. THIRD PARTY SOFTWARE used with or without the SUPPORTED SOFTWARE.

5.1.8. SUPPORT CONTRACT RESPONSIBILITY.

5.1.8.1. CONTRACT SUPPORT agree to limit use of CONTRACTOR support services to occasions when the SUPPORTED SOFTWARE fails to work as set forth in the user manual or the user manual is unclear. Questions concerning the alternate use, adaptation, or modification of the SUPPORTED SOFTWARE are not covered by this Agreement. CONTRACT SUPPORT agree to furnish descriptions of malfunctions in the form requested by CONTRACTOR's support staff. CONTRACT SUPPORT also agrees to assist CONTRACTOR's efforts to duplicate the SOFTWARE PROBLEM. CONTRACT SUPPORT agrees to maintain Internet access or some other means of remote support approved by CONTRACTOR.

5.1.8.2. CONTRACT SUPPORT agrees to engage either internal or external Microsoft Windows TM, Networking, and/or MS SQL support in case of problems. CONTRACTOR will provide third party software initial configuration parameters and documentation. The CONTRACTOR Software Support Department will provide initial troubleshooting and diagnosis of computer system problems. If a network problem exists, CONTRACTOR personnel will recommend that the customer contact their networking expert.

5.1.8.3. MISCELLANEOUS. CONTRACT SUPPORT may not assign this Agreement to a third party without the prior written consent of an officer of CONTRACTOR. This Agreement and the Software License Agreement shall be the only Agreements between the CONTRACT SUPPORT and CONTRACTOR with respect to the SUPPORTED SOFTWARE. They cannot be modified or amended unless a written amendment or modification is executed by a CONTRACTOR officer. These Agreements supersede all prior agreements, written or oral, relating to the SUPPORTED SOFTWARE. The laws of New Jersey shall govern the validity of these Agreements, the construction of their terms and the interpretation of the rights and duties of the parties. If any legal action or proceeding is brought by either party to these Agreements regarding their subject matter, the prevailing party shall be entitled to recover, in addition to any other relief, reasonable attorney's fees and costs. Any controversy or claim arising out of or relating to this Agreement or the breach of it shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

5.2. DELIVERABLES.

5.2.1. TERM AND TERMINATION OF AGREEMENT. SUPPORT CONTRACT must return a completed and signed Software Support Agreement Registration Form within 30 days of installation of your software. This Agreement will remain in effect for the period of one (1) year from the effective date of this Agreement, unless terminated by either party by reason of and upon any violation of the terms and conditions herein. CONTRACTOR may terminate this Agreement without notice if you default on any payment due to PeakLogix hereunder. CONTRACTOR reserves the right to cease supporting software after the developer of the software stops supporting it.

5.2.1. CONTRACTOR MANAGEMENT REPORTING (CMR): The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the Contractor shall report ALL Contractor manpower (including subcontractor manpower) required for performance of this contract. The Contractor shall completely fill in all the information in the format using the following web address https://Contractormanpower.army.pentagon.mil. The required information includes: (1) Contracting Office, Contracting Officer, Contracting Officer’s Technical Representative (COTR) or also known as the Contracting Officer’s Representative (COR); (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor's name, address, phone number, e-mail address, identity of Contractor employee entering data; (5) Estimated direct labor hours (including sub-Contractors); (6) Estimated direct labor dollars paid this reporting period (including sub-Contractors); (7) Total payments (including sub-Contractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by Contractor (and separate predominant FSC for each sub-Contractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the Contractor with its UIC for the purposes of reporting this information); (11) Locations where Contractor and sub-Contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language; and (13) Number of Contractor and sub-Contractor employees deployed in theater this reporting period (by country). As part of its submission, the Contractor shall provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period shall be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a Contractor’s system to the secure website without the need for separate data entries for each required data element at the website. The specific formats for the XML direct transfer may be downloaded from the website.

6. APPLICABLE REGULATIONS AND MANUALS: (Current Editions)

6.1. Army Regulation 600-15, 09 NOV 1999