Performance Work Statement.pdf

PERFORMANCE WORK STATEMENT (PWS)

Grounds Maintenance Services for Recreation Areas US Army Corps of Engineers (Garrison Project/Lake Sakakawea)

1.0 General Information.

1.1 Background. The Corps of Engineers manages and maintains four (4) campgrounds that the visiting public frequently uses. The government requires grounds maintenance services to provide a quality and safe recreational experience for our visiting public.

1.2 Scope of Work. This is a non-personal services contract to provide grounds maintenance services of approximately 55 acres at the Downstream Campground (including Hatchery Road) ( 29.2 acres), the Wolf Creek Recreation Area(12.2 acres), East Totten Trail Campground (6 acres), Douglas Creek Campground (7.5 acres) and the Spillway Pond Recreation area for tilling. Services include mowing, trimming, tilling, and vegetation pulling.

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. This is a fixed priced, performance-based service contract where the government defines and measures desired outcomes, while contractor methods are generally not constrained or directed.

1.3 Period of Performance. The period of performance shall be for one (1) Base Year of 12 months and Four (4) 12-month option years. The Period of Performance reads as follows:

Base Year: 01 May 2025 through 30 April 2026

• Active period of performance: 01 May 2025 through 30 September 2025

• Inactive period of performance: 01 October 2025 through 30 April 2026

Option Year 1: 01 May 2026 through 30 April 2027

• Active period of performance: 01 May 2026 through 30 September 2026

• Inactive period of performance: 01 October 2026 through 30 April 2027

Option Year 2: 01 May 2027 through 30 April 2028

• Active period of performance: 01 May 2027 through 30 September 2027

• Inactive period of performance: 01 October 2027 through 30 April 2028

Option Year 3: 01 May 2028 through 30 April 2029

• Active period of performance: 01 May 2028 through 30 September 2028

• Inactive period of performance: 01 October 2028 through 30 April 2029

Option Year 4: 01 May 2029 through 30 April 2030

• Active period of performance: 01 May 2029 through 30 September 2029

• Inactive period of performance: 01 October 2029 through 30 April 2030

*Note: The Contractor is not required to perform any services during the inactive period of performance.

1.4 Contractor Personnel

1.4.1 The contractor shall perform all work under this contract using his or her own forces except as provided in Paragraph 1.4.2 Subcontracting. Employees who perform this work shall be qualified persons on the contractor’s own payroll. The contractor shall provide a minimum of two (2) individuals to perform the services stated in this PWS, and all personnel shall be a minimum of 16 years of age. All contractor personnel and regular subcontractors shall maintain a neat and clean appearance and shall wear clothing marked with the identifying name of the employee and the contractor, or a company ID will be displayed on the outside of the clothing. Contractor personnel may be required to wear government supplied identification. All contractor vehicles shall be registered, licensed, and insured to meet all State and local laws. The contractor employees shall be skilled in and capable of performing the work under this contract. All employees of the contractor or subcontractor shall be at least 16 years of age or older.

1.4.2 Subcontracting. The contractor shall not subcontract any work without written approval of the Contracting Officer. Compliance with the provisions of this contract by subcontractors shall be the responsibility of the contractor.

1.5 Quality Control

1.5.1 The contractor shall designate, in writing, an employee who shall serve as the contact for matters involving quality and performance or nonperformance of the required work stated in this PWS. The employee(s) shall be qualified and fully competent with full authority to act for, and on behalf of, the contractor as necessary to ensure that the required work performed by the contractor is in accordance with the standards contained herein. The contractor shall furnish the above written designation to the COR no later than the first day of work. The contractor shall include the name(s), address(s), and telephone number(s) of the responsible individual(s).

1.5.2 The Contracting Officer reserves the right to disapprove any individual whom he considers incompetent to perform the work required. The Contracting Officer will provide a written notice of any disapproval to the contractor.

1.6 Quality Assurance. The government will use a Quality Assurance Surveillance Plan to ensure that the Contractor is performing the services required by this PWS in an acceptable manner. The Government may use Quality Assurance Evaluators (QAE(s)) to provide assistance with the quality assurance methods.

1.6.1 The government has the right to inspect all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The government shall perform inspections in a manner that will not delay the work.

1.6.2 If any of the services do not conform to contract requirements, the government may require the contractor to perform the services in conformity with contract requirements and at no increase in cost. If the contract requirements are not met after a second attempt the government may (1) require the contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

1.6.2.1 Upon verification of a validated customer complaint or corrective action report, the COR will notify the contractor that they are required to re-perform specific services. Upon notification, the contractor shall re-perform services within eight (8) hours or by the following day if notification does not allow sufficient time to complete services during normal business hours. The Contractor shall notify the COR within 24 hours of completion and a re-inspection shall be conducted.

1.6.3 The government may take action, if the contractor fails to perform the services again or to take the necessary action to ensure future performance is in conformity with the contract requirements. The government may (1) by contract, or otherwise, perform the services and charge to the contractor any cost incurred by the government that related to the performance of such service or (2) terminate the contract in whole or in part.

1.6.4 The contractor is responsible to replace/repair any damage to government property due to negligence, at his or her own cost. The government may take action, if the contractor fails to replace/repair any damage to government property. The government may (1) by contract, or otherwise, replace/repair damaged government property and charge to the contractor any cost incurred by the government to replace/repair any damage.

1.7 Hours of Operation. The contractor is responsible for conducting business, between the hours of 8:00 a.m. to 5:30 p.m. 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. The Contractor must maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the

Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.8 Pre-Work Meeting. Prior to commencing any activities, the contractor shall arrange a Pre-work Meeting with the COR. The Meeting shall discuss the work requirements, scheduling, submittal process, review of the Activity Hazard Analysis (AHA), and Abbreviated Accident Prevention Plan (AAP). At least one (1) week prior to commencing work, the Contractor shall coordinate their proposed work schedule with the COR.

1.9. Submittals. Prior to commencement of services, the Contractor shall submit the following documents to the COR for review and approval:

a. Activity Hazard Analysis (AHA);

b. Abbreviated Accident Prevention Plan (APP);

c. List of who will perform work on this contract;

d. Proof of Insurance for Contractors and Subcontractors;

e. Work Schedule.

1.10 Standards and Regulations. The Contractor shall perform to the standards in the contract and comply with all Local, State, and Federal Regulations during the services performed. The Contractor is responsible for ascertaining the extent to which these regulations affect the operations resulting from this contract. The Contractor shall comply will all applicable regulations. Applicable regulations include, but are not limited to the following:

a. Code of Federal Regulations (CFR), Title 36, Chapter III, Part 327, Rules and Regulations Governing Public Use on Corps of Engineers Water Resource Development Projects EP 1165-2-316 (http://www.publications.usace.army.mil/Portals/76/Publications/EngineerPamphlets/EP_1165-2- 316.pdf?ver=2013-08-22-104526-670)

b. Engineering Manual (EM) 385-1-1 (USACE – Safety and Health Requirements Manual), dated November 2014; http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

c. Occupational Safety and Health Standards (29 CFR 1910);

1.10.1 Activity Hazard Analysis (AHA). The contractor shall prepare the AHA in accordance with Paragraph 01.A.14 or 01.A.15 of the EM 385-1-1. If using Paragraph 01.A.15, prepare the AHA IAW Figure 1-2.

Note: Contractors and other individual employer’s typically use Job Safety Analyses (JSAs), Job Hazard Analyses (JHAs), or similar Risk Management assessment tools. The government considers equivalent to, and acceptable substitutes for, the USACE’s AHA provided the data collected is the same as that required by the AHA, commensurate with the type of services the contractor is performing.

1.10.2 Abbreviated Accident Prevention Plan (APP). EM 385-1-1 in its entirety may be too complex for the type of work performed under these contracts; contractors may reference Appendix A, for abbreviated Accident Prevention Plan (APP). The contractor shall only need to submit items in Appendix A that are pertinent to the contract. The contractor shall use a qualified person to prepare the site-specific abbreviated Accident Prevention Plan (APP). The contractor shall prepare the APP in accordance with the format and requirements of the EM 385-1- 1 and supplemented herein. The contractor shall sign and submit the APP for approval prior to the start of work onsite.

1.11 Physical Security

1.11.1 The contractor shall be responsible for safeguarding all government facilities, property, and materials provided for contractor use. The contractor shall secure at all times all government facilities, property, and materials.

Specific security conditions may change based on threats to national defense, and based on the risk of specific facilities to these threats. The contractor shall abide by these changing conditions at all times, as applicable.

1.11.2 Key Control. The contractor shall ensure all keys issued by the government are not lost, stolen, duplicated, or used by unauthorized persons.

1.11.2.1 The Contractor shall immediately report to the COR any occurrences of lost or stolen keys.

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerPamphlets/EP_1165-2-316.pdf?ver=2013-08-22-104526-670 http://www.publications.usace.army.mil/Portals/76/Publications/EngineerPamphlets/EP_1165-2-316.pdf?ver=2013-08-22-104526-670 http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

1.11.2.2 In the event keys, other than master keys are lost or stolen, the contractor may be required, upon written direction of the COR, to re-key or replace the affected lock or locks without cost to the government. The government may, however, at its option, replace the affected lock or locks or perform re-keying and deduct the cost of such from the monthly payment due the contractor. If a master key is lost or stolen, the government may need to replace all locks and keys for that system. The government will deduct the total cost to replace the locks and keys from the contractor’s monthly invoice.

1.11.2.3 The contractor shall prohibit the use of keys issued by the government by any persons other than the contractor’s employees. The contractor shall not facilitate access of secured areas to persons other than contractor personnel or subcontractors engaged in performance of contract work requirements.

1.12 Antiterrorism/Operation Security Requirements. N/A

1.13 Payment

1.13.1 The government will make payment monthly, after the government has inspected and accepted the services, and the government has reviewed, approved, and processed the contractor’s invoice. The contractor shall submit the invoice to the COR and/or any other person that has been designated in the contract to receive the invoice.

1.13.2 The contractor must provide the contractor’s name, address, contract number, period of services completed (i.e., for the month of January or for the period of performance of January 1 through February 23), CLIN number and specific quantities of work performed (i.e., 1 Month, 40 days, 100 acres, etc.), and total requested, for an invoice to be considered proper. The contractor shall submit the invoice by the fifth (5th) of the month for services completed the previous month or submit the invoice upon completion of all services, in accordance with the period of performance stated in the CLIN.

2.0 Definitions. The following definitions and descriptions apply wherever the word(s) or phrase(s) is/are stated in this PWS:

Acceptable Level of Performance (ALP): The maximum percent defective, the maximum number of defects per hundred units, or the number of defects in a lot considered satisfactory on the average. The allowable leeway or variance from a standard before the government will reject the specific service.

Contracting Officer’s Representative (COR): means an individual designated an authorized in writing by the Contracting Officer to perform specific technical or administrative functions.

Performance-Based Contract (FAR 2.101): Structuring all aspects of an acquisition around the purpose of the work to be performed with the contract requirements set forth in clear, specific, and objective terms with measurable outcomes as opposed to either the manner by which the work is to be performed or broad and imprecise.

Performance Requirements Summary (PRS): The PRS shows contract requirements, the component requirements related to each contract requirement, the price of each work requirement as a percentage of the associated contract requirement (Fixed Price Contracts), the standard of performance, and the acceptable level of performance (ALP) for each work requirement.

Quality Assurance Surveillance Plan (QASP): An organized written document used by the Government for quality assurance surveillance. Document contains sampling/evaluation guides, checklists, and the performance requirements summary (PRS).

3.0 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. The government will provide 1) a copy of Title 36 Rules and Regulations, Chapter III, Part 327, 2) aerial maps of all areas requiring services, and 3) access gate keys.

4.0 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 Materials. N/A

4.3 Equipment. The Contractor shall provide mowers, trimmers, rakes, forks, shovels, sidewalk edger, tillers, and any other equipment the contractor needs to perform the services stated in this PWS.

5.0 Specific Tasks

5.1 Basic Services. The contractor shall provide services for mowing, trimming, tilling, and horseshoe pit maintenance. It is the contractor’s responsibility to determine the levels of frequencies to attain the level of services stated in this PWS. The contractor shall follow the submitted schedule, which the COR will approve.

5.1.1 Pre-Inspection of Work Sites. It is the contractor’s responsibility to inspect the worksite, to ensure all costs to perform the contract are considered. Aerial maps are available for review at the USACE Garrison Project Office.

The contractor shall base their quote on their personal site visit/field assessments, rather than from any maps, aerial photos, or estimates furnished by the government.

5.2 Mowing/Trimming. The contractor shall mow all areas to look manicured, with a neat and professional appearance at all times. The contractor shall provide mowing/trimming services thirteen (13) times for the Downstream Campground, ten (10) times for the Wolf Creek Campground, ten (10) times for the East Totten Trail Campground, nine (9) times for the Douglas Creek Campground. The contractor shall submit a work schedule to the COR for approval. The government will discuss schedule changes with the contractor, as needed. Both the government and contractor will mutually agree to necessary schedule changes. The contractor shall maintain grass height between two (2) and (4) inches uniform in appearance, free of skips, gaps, rutting, or scalping. The contractor shall move picnic tables prior to mowing and replaced upon completion.

5.2.1 The contractor shall remove or mulch grass clippings when visible after mowing, and before leaving the area.

The contractor shall remove all grass clippings blown onto concrete sidewalks, concrete pads, around and in vault toilets, and comfort stations.

5.2.2 The contractor shall trim grass and weeds around campsites, playgrounds, buildings, fences, guardrails, signs, guard posts, trees, shrubs, electrical posts, spigots, horseshoe pits, parking lot bumper blocks, and other fixed obstacles and temporary obstacles/objects. The contractor shall match trimming height to the surrounding area grass height. The contractor shall trim all areas concurrent with mowing.

5.2.3 The contractor shall pick up rocks and debris (natural and manufactured), prior to mowing. The contractor shall place twigs and branches next to grills (not in them, and place paper and plastic refuse in the dumpsters. The government shall not be responsible for damages to the contractor’s equipment due to obstacles in mowing area.

5.2.4 The contractor shall cut all new seeded areas with a weed trimmer, until the grass has established, and the government or separate contractor have removed the straw blankets or the blankets have decomposed.

5.3 Tilling.

5.3.1 The contractor shall till the two (2) volleyball courts, one (1) in the Downstream Campground, and one (1) at Wolf Creek prior to Memorial Day, prior to the July 4 weekend, and on August 1.

5.3.2 The contractor shall till one (1) playground area in the Downstream Campground, prior to Memorial Day, prior to the July 4 weekend, and on August 1.

5.4 Horseshoe Pit Maintenance. The contractor shall hand pull or dig out all vegetation in fourteen (14) horseshoe pits in Downstream and Spillway Pond prior to Memorial Day, prior to the July 4 weekend, and again on August 1.

6.0 Performance Requirements Summary. The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective Standard Performance Threshold Method of Surveillance

PRS # 1.

The contractor shall provide mowing/trimming services to look manicured, with a neat and professional appearance at all times, in accordance with Paragraph 5.2.

a. Mow grass height between two (2) and four

(4) inches uniform in appearance, free of skips, gaps, rutting, or scalping, as specified in Paragraph 5.2.

b. Mulch or remove all grass clippings as specified in Paragraph 5.2.1.

c. All grass and weeds trimmed, ensuring trimming height matches surrounding area grass height as specified in Paragraph 5.2.2.

d. Cut all new seeded areas with a weed trimmer, until the grass has established as specified in Paragraph 5.2.4.

No more than three (3) validated customer complaints per month.

Periodic surveillance by the government and validated customer compliant received by the

COR.

PRS # 2

The contractor shall provide tilling services in accordance with Paragraph 5.3.

a. All areas identified tilled as specified in Paragraph 5.3.1 & 5.3.2.

Zero standard deviation from standard.

100 percent inspection.

PRS # 3

The contractor shall provide horseshoe pit maintenance in accordance with Paragraph 5.4.

a. All vegetation removed by hand or dug out in horseshoe pits as specified in Paragraph 5.4.

Zero standard deviation from standard.

100 percent inspection.

7.0 Attachments

Attachment 1 – Aerial Maps