Performance_Work_Statement.docx

Performance Work Statement (PWS)

FOOD SERVICE EQUIPMENT INSTALLATION PROJECT #M20221-325-6620

COOK CHILL FACILITY, CAMP HANSEN, OKINAWA

General

1.1 Introduction and Background. This requirement is to support Camp Butler Base Food Services in installing equipment for project # YQ100716, Cook Chill Facility, Camp Hansen, Okinawa, Japan. Due to an agreement between the United States Government (USG) and the Government of Japan (GOJ), installation of equipment associated with this requirement was conducted by the GOJ. However, the USG will still require the contractor to provide installation consultation and training services for the specific equipment. Initially, this service was to be provided under contract # M6740021P0015. The service could not be performed due to delays in facility construction.

1.2 Scope of Work and Objective. Support of this project includes, but is not limited to, installation consultation services and training services for applicable equipment operation and maintenance. The contractor shall also provide technical expertise by reviewing the installation and making recommendations of any required changes to utility services not readily available to the facility. The contractor will provide the USG representative justification for any recommendations made during their observations.

1.2.1 Period of Performance. The period of performance of this contract is 28 June-28 July 2023.

1.3 Hours of Operation and Holidays. The contractor shall be expected to provide services during normal government work hours, which are 0730-1630, Monday through Friday. Due to tempo outlined by the construction timeline and working hours, times may adjust +/- one (1) hour. The contractor will be notified of specific working hours after award of the contract.

1.3.1 Recognized Holidays: The contractor is not required to provide service on the following Federal Holidays*:

Notes:

* When a federal holiday falls on Sunday, the following Monday will be observed as a holiday by the U.S. government. When a federal holiday falls on a Saturday, the preceding Friday will be observed as a holiday.

In addition to these federal holidays, if the President of the United States issues an executive order closing the federal government, that date shall also be considered a recognized federal holiday (Reference Executive Order 11582 of February 11, 1971, and 5 U.S.C. 5546 and 6103(b) and other similar statutes insofar as they relate to the pay and leave of employees of the United States).

1.3.2 Typhoon Conditions. Japan-based military installations close when Tropical Cyclone Condition of Readiness 1C (TCCOR 1C or TC-1C) is declared by Military Weather Station authorities. The Contractor will be required to depart military bases, remain indoors, and monitor radio/television to determine when the TCCOR changes to TCCOR SW (Storm Watch) or TCCOR AC (All Clear). When TCCOR SW is declared by Military Weather Station authorities, the Contractor shall restart the service within 2 hours. If that occurs after normal business hours, services shall begin the next normal workday at 7:30am.

2.0 Place of Performance. This requirement will consist of installation consultation of equipment at the Cook Chill Facility on Camp Hansen, Okinawa, Japan.

3.0 Tasks/Description of Work

3.1 Installation Support. This support is only required for the following piece of equipment:

3.1.1 Overview. The contractor will provide a Primary Point of Contact (POC) who shall be responsible for the performance of work. The POC shall be reachable by both telephone and electronic message, through which all communication shall flow between the USG and the contractor. The POC must be able to answer questions pertaining to all aspects of the order quickly and accurately.

3.1.2 Installation Review. The contractor shall be responsible for conducting the installation of the equipment and provide technical guidance to Cook Chill Facility personnel, as needed, to ensure compliance with the manufacturer’s equipment requirements. Translation service is not required as translators will be sourced internally from Base Food Services. If the contractor will be providing the services in person, they will be responsible for providing their own transportation from lodging to work sites and all other locations.

3.1.3 Installation Requirements. The contractor will ensure the equipment is on a level surface and anchor bolts are tightened. Verify that all components and accessories are complete and properly fastened. Ensure the belts or coupling guards are properly installed. Ensure that all electrical requirements match the establishment. Check the manufacturer’s specifications sheet for any special installation instructions. Ensure all safety and functional checks are complete and thorough prior to demonstration.

3.1.4 Contractor Qualifications. The contractor shall be technically certified to conduct the installation and possess knowledge or familiarization of the equipment.

3.2 Training Services. The contractor will provide the USG with equipment familiarization and outline operator responsibilities including cleaning frequency and preventative maintenance procedures for the following piece of equipment:

4.0 Applicable Documents / Governing References. In addition requirements of regulations and policies applicable to this contract/order by virtue of clauses contained herein, the contractor shall, in the performance of this contract/order, also comply with all references applicable to the specific tasks of this Performance Work Statement, as listed below, including any amendments or subsequent issuance.

5.0 Government Furnished Facilities, Equipment, Services and/or Information. Government property identified herein, or by attachment, is subject to the requirements of FAR and DFARS part 45, pursuant to the enumerated property clauses incorporated in this contract/order.

6.0 Special Instructions and Administrative Information

6.1 Non-Personal Services. This is a non-personal services, performance-based contract. The contractor bears responsibility to manage its employees and guard against any actions that could be characterized as personal services as defined in FAR 37.104, or which convey the perception that personal services are being delivered. No provisions are implied nor provided in this contract for any benefits such as medical care, retirement, or worker’s compensation, other than those incorporated through enumerated clauses.

6.2 Identification of Contractor Personnel and Equipment. In accordance with DFARS 211.106, contractor personnel performing non-personal services on DoD installations or other government facilities shall ensure that they are readily identifiable as contractor employees (including subcontractors and consultants). All contractor employees shall comply with the following at all times:

6.2.1 Telephone Identification. Identify themselves as contractor personnel at the onset of every telephone call made from a Government telephone or any other phone if the call is made in support of Government-related requirements and activities.

6.2.2 Recorded Messages. Identify themselves as contractor personnel in all recorded messages including those, which are heard by callers attempting to contact contractor employees via answering machines or voicemail.

6.2.3 Meetings, Conferences and Events. Identify themselves as contractor personnel at the onset of every meeting, conference or any other gathering attended in support of any Government related requirements or activities.

6.2.4 Correspondence. Identify themselves as contractor personnel on any correspondence, documents, or reports accomplished or sent in support of any service provision to the Government, including, but not limited to, correspondence sent via the U.S. Mail, facsimile, or electronic mail (email) inclusive of out-of-office replies.

6.2.5 Personal and Corporate Identification. Wear or display contractor provided nametags, badges or attire which display, at a minimum, the name of the contractor and their respective company.

6.3 Designated Third Country Nationals (DTCN). Persons from certain countries are considered DTCN and are generally restricted from entering Marine Corps Bases Japan (MCBJ) Camps, Air Stations, or facilities. A listing of DTCN countries and other related information regarding this policy can be found in USFJ Instruction 31-204 (Designated Third Country Nationals), which can be made available upon request.

6.4 Exemption from Japanese Taxes. Pursuant to the U.S. – Japan Status of Forces Agreement and the Joint Committee, the governments of the United States and Japan have agreed that the procurement in Japan of materials, supplies, equipment and services for official purposes may be except from certain Japanese taxes. When incorporated, paragraph c. of the clause FAR 52.229-6, “ TAXES – FOREIGN FIXED PRICE CONTRACTS” and/or DFARS 225.229-7001 ‘TAX RELIEF’ stipulate that contract/order pricing shall not include the Consumption Tax. Submission of, and/or incorporation into the contract of, your offer, certifies that pricing does not contain any cost related to the Consumption Tax. Questions concerning this matter should be directed to your local Japanese Tax Office.

6.5 Subcontract Management. The contractor shall be responsible for any subcontract management necessary to integrate work performed on this requirement and shall be responsible and accountable for subcontractor performance on this requirement. The prime contractor will manage work distribution to ensure there are no Organizational Conflict of Interest (OCI) considerations. Contractors may add subcontractors to their team after notification to the Procuring Contracting Officer (PCO) or Contracting Officer Representative (COR). Cross teaming may or may not be permitted.

6.6 Mission Essential Personnel / Tasks. Unless specified otherwise in this Performance Work Statement, contractors supporting this contract/order are not considered “Mission Essential” personnel (as defined in DFARS 237.76) who would be required during crisis or emergency operations.

6.7 Hazardous Materials and Safety. The Contractor and its subcontractors shall comply with all applicable laws, including Public Law 91-596 (Occupational Safety and Health Administration (OSHA)) and DOD Directive 4715.1E, Environmental, Safety, and Occupational Health (ESOH)). Contractor personnel performing services on a DOD installation shall participate in local Voluntary Protection Programs (VPP). Information on the VPP is available at http://www.osha.gov/dcsp/vpp/index.html

6.8 Installation Access and Personnel Credentialing

6.8.1 Motor Vehicles. Vehicle licensing, registration, and insurance requirements must all be conducted in accordance with host nation law, USFJ Instruction 31-205, and applicable local installation policies.

6.8.1.1 Registration/Permits. Vehicle registration on Okinawa, Japan is conducted with the Provost Marshal via the Joint Services Vehicle Registration Office (JSVRO) at Bldg 5638, Marine Corps Base, Camp Butler. Information may be obtained at JSVRO website at: https://www.mcbbutler.marines.mil/Base-Information/Vehicle-Registration/, or by calling +81-(0)98-970-7481.

6.8.1.2 Registration Termination. Vehicle permits will expire upon termination date of this contract/order, expiration of an individual base pass or DBIDS ID, expiration of vehicle inspection sticker, or termination of their employment (whichever occurs first). Permits issued to individuals who overstay any of these authorized dates become void and invalid.

6.8.1.3 Insurance. Vehicle permitting procedures require that all vehicles, personal or corporate, must be properly inspected and insured in accordance with Japanese Compulsory Insurance (JCI) requirements. Additionally, for SOFA status personnel and U.S. corporate vehicles, the Contractor or SOFA status individual is required to procure and maintain, during the entire period of performance under this contract, the following minimum insurance on each vehicle used by the Contactor at the work site:

Automobile Property Damage Insurance Amount: ¥30,000,000 (or U.S. Dollar equivalents) Bodily Injury Insurance Amount: ¥30,000,000 Yen (or U.S. Dollar equivalents)

Prior to the commencement of work, the Contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance for any and all corporate vehicles to be used. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the laws of the state in which this contract is to be performed and in no event less than thirty (30) days after written notice thereof to the Contracting Officer.

6.8.1.4 Road Laws. All personnel operating motor vehicles under this contract/order are subject to U.S. military installation regulations and Japanese Road Laws. Failure of the contractor, its employees, or its sub-contractors, to comply, may result in revocation of driving privileges or other legal action.

6.8.1.5 Vehicle Disposal. Personnel protected under the Status of Forces Agreement (SOFA) are required by regulation to properly dispose of vehicles prior to departure from Japan. For individuals performing under this contract, the contractor may be held financially liable for vehicles abandoned, or vehicles not disposed of properly, in accordance with vehicle regulations as agreed with the Government of Japan.

6.8.2 Personnel Access / Credentialing. Access to local installations is inherently required to accomplish specified tasks under this contract/order. The contractor shall therefore ensure all necessary actions are taken to obtain such access by its personnel in time to affect access in accordance with the requirements of the PWS and POP. Failure to complete such actions in a timely manner, some of which may occur prior to the POP or individual mobilization/relocation to the place of performance, shall not constitute excusable delay. Upon request, the Contracting Officer will provide a ‘check-in’ sheet that summarizes required actions.

6.8.2.1 Common Access Cards (CAC). Provided the clause 52.204-9 is incorporated, personnel performing on this contract/order may require a CAC. Pursuant to FAR 52.204-9, the CAC is DoD’s Personal Identity Verification (PIV) system; DoD procedures for CAC issuance are applicable and incorporated herein, as governed by DODI/M series 1000.13, DODI 5200.46, and other regulations. All personnel to be issued CAC must meet eligibility and suitability criteria as specified in the references; accordingly, the vetting procedures and required personnel actions may often begin well before the contract/order POP. The contractor and its employees and/or subcontractors are responsible for ensuring timely action and suitability to obtain CACs, and any resultant access issues from non-compliance shall not constitute excusable delay.

6.8.2.2 Base Passes and/or Defense Biometrics IDentification System (DBIDS) cards. Personnel that do not qualify for CAC require an alternate credential for installation access, as governed by Marine Corps Installations Pacific Order 5512.2, which can be provided upon request. The process to request access requires approval from the Contracting Officer in an access request letter.

6.8.2.3 Return and/or Disposal of Access Credentials. The contractor’s employees shall return to the applicable issuing office all base passes, DBIDS cards, and/or CAC, immediately upon termination of employment or completion of this contract and certification of receipt shall be obtained and submitted to the Contracting Officer. The Contractor shall submit a listing of employees terminated under this contract to the Contracting Officer within seven (7) days of the effective date of termination.

6.8.2.4 Status of Forces Agreement. Possession of a CAC or other credential does not, alone, determine the legal status of personnel performing under this contract. Additionally, unless specifically identified on the CAC, the credential does not necessarily authorize logistical support privileges such as commissary/exchange access. The individual status of personnel performing under this contract, and the privileges authorized, are governed in accordance with United States Force Japan Instructions (predominantly USFJI 64-100), applicable credentialing regulations, and the information prescribed via DFARS clauses regarding Contractor Personnel in Japan, as contained herein.

6.9 Privacy Act. Pursuant to FAR clause 52.224-3, as incorporated, DoD requires agency-specific Privacy Act training as prescribed in DODM 5400.11-R. DODM 5400.11-R also prescribes required actions regarding information and privacy, which are applicable to the contractor and its personnel performing under this contract/order. The regulation may subject the contractor and/or contractor's personnel to criminal liability under Title 18, Section 793 and 7908 of the United States Code.

6.10 Classified information. Any classified work products shall be handled in accordance with DoD Instruction 5220.22-M. The contractor’s procedures for protecting against unauthorized disclosure of information will not require DoD employees or members of the Armed Forces to relinquish control of their work product, whether classified or not, to the contractor. The contractor may also have access to, and be required to safeguard, For Official Use Only (FOUO), sensitive, confidential, and/or classified information and material.

6.11 Key Control. The Contractor shall establish and implement methods of ensuring that all keys issued to the Contractor by the government are not lost or misplaced, and are not used by unauthorized persons. The Contractor shall report lost keys to the COR. The Contractor shall not duplicate any keys. It is also the responsibility of the Contractor to prohibit the opening of locked areas by the Contractor’s employees to permit entrance of persons other than Contractor’s employees engaged in the performance of assigned work in those areas. In the event keys are lost or unauthorized duplication occurs through the fault of a Contractor employee, The Government may, at its option, require the Contractor to replace keys, reimburse the government for replacement of locks, or re-key as a result of Contractor losing keys. In the event a master key is lost or duplicated, the Contractor shall replace all locks and keys for that system and the total cost will be deducted from the monthly payment.

6.12 Travel. Travel costs are NOT reimbursable unless specifically provided for in this order/contract through an enumerated cost reimbursable Contract Line Item Number (CLIN) entitled Travel.

6.12.1 Travel Pre-Authorization. All travel shall be pre-approved, in writing, by the Contract Officer or COR. The request shall include total cost, and itemized airfare, rental vehicle, per diem, mileage, parking, fuel and toll charges. Travel requests will include the purpose of the trip and why Video Teleconference (VTC) or phone conversations would not meet the business requirement. Costs for travel shall be billed in accordance with the regulatory implementation of Public Law 99-234 and FAR 31.205-46 Travel Costs

6.12.2 Authorized Travel. Authorized travel costs will only be reimbursed for:

· Contractor employees who otherwise perform direct day-to-day services at the designated place of performance under the requirements of this order/contract,

· Who have a need to travel to fulfill the performance of those duties, and

· Upon the direct request and written pre-approval of the Contracting Officer (KO) or appointed Contracting Officer Representative (COR)

6.12.3 Unauthorized Travel. Travel costs are explicitly not-reimbursable for the following:

· Relocation or initial mobilization costs, or any other travel not pre-approved by the KO or COR,

· Contractor personnel who indirectly support this order/contract (such as visiting management or supervisory personnel not otherwise providing on-site day-to-day support),

6.12.4 Foreign Travel

6.12.4.1 Compliance with DoD Foreign Clearance Guide (FCG). Personnel performing under this contract who may be required to travel to other countries during performance, shall comply with all FCG prescriptions for each country to be visited. Access to the FCG can be found here: https://www.fcg.pentagon.mil/fcg.cfm . Contractors unable to access the site, or otherwise requiring assistance, shall contact the contracting officer, or appointed Contracting Officer Representative (COR) for assistance.

6.12.4.2 Compliance with U.S. Indo-Pacific Command (INDOPACOM) and other directives. Contractor personnel traveling within the INDOPACOM Area of Responsibility (AOR) are subject to, and shall comply with, INDOPACOM directives related to such travel. Additionally, contractor personnel traveling in support of exercises, or other specified events and activities, shall comply with applicable travel instructions published for the designated area or event, as issued by General Order, Planning Conference Memorandum, Exercise Directive, Initiating Directive, or other similar correspondence.

6.12.4.3 Personnel with security clearance are subject to additional requirements and shall consult with the supported command G-2 when contemplating and/or completing foreign travel.

6.12.5 Allowable Costs

6.12.5.1 All travel shall be conducted in accordance with Federal Travel Regulations (FTR) and/or U.S. Department of State Standardized Regulations (DSSR).

6.12.5.2 Reimbursement is strictly limited to only those direct costs authorized in FAR 31.205-46. Overhead and/or G&A expenses are not allowable.

6.12.5.3 As indicated in FAR 31.205-46(a)(3)(iv), 31.205-46(a)(7), and 31.250-46(b), all costs must be supported by appropriate documentation and receipts provided to the KO/COR.

6.13 Quality Control and Quality Assurance. In accordance with FAR part 46, and the respective enumerated clauses incorporated in this contract/order, the contactor is reminded that the government may conduct Quality Assurance actions, inspect the Contractor’s Quality Control Plan and records, and take remedial actions as necessary, at any time through the duration of this contract/order.