Performance Work Statement Fort Logan Geese Mitigation.docx

PERFORMANCE WORK STATEMENT

1. GENERAL INFORMATION

1.1. This is a performance-based contract for cemetery Geese Mitigation services at Fort Logan National Cemetery, Denver, Colorado and hereafter referred to as “Fort Logan” or “Cemetery.” The overall responsibility of the Contractor is to plan, coordinate, organize, manage, and perform the activities of “Geese Mitigation Services” described herein, which are required to provide year-round goose removal and mitigation services of the Cemetery’s property. Total area to be serviced is approximately 213.3 acres.

1.2. This Performance Work Statement describes the basic objectives of the Fort Logan National Cemetery Geese Mitigation Program. The Performance Based Service Contract provides potential Offerors the flexibility to develop cost effective solutions and the opportunity to propose innovative alternatives to meet the stated objectives. It also presents the Government with an opportunity to assess the Offeror’s understanding of all aspects of the effort to be performed by eliminating the "how to" instructions to accomplish the required effort normally contained in the Statement of Work that the Government traditionally provides to prospective Offerors. Minimum acceptable levels of performance to meet the minimum requirements are outlined in the “Services Summary” contained in Attachment 1.

1.3. THE NATIONAL CEMETERY ADMINISTRATION MISSION

1.3.1. The National Cemetery Administration honors veterans with a final resting place and lasting memorial that commemorate their service to our Nation. National Cemeteries are National Shrines. Therefore, the standards for management, maintenance, appearance and operational procedures performed by the Contractor have been established by the National Cemetery Administration to reflect this Nations’ concern and respect for those interred there. For this reason, the Contractor’s strict adherence to the Performance Work Statement, Performance Work Requirements Summary, and Guidance Specifications shall be required and shall be essential.

1.4 THE NATIONAL CEMETERY ADMININSTRATION BACKGROUND

1.4.1. In 1999 Congress passed legislation requiring VA to ensure that National Cemeteries serve as a dignified and respectful setting. Each Cemetery is to be an expression of appreciation and respect of a grateful Nation for the service and sacrifice of her veterans.

1.4.2. Further, each National Cemetery is to be maintained as a National Shrine. A National Shrine is defined as a place of honor and memory that declares to the visitor/family who views it as a majestic setting, offering a sense of serenity, historic sacrifice, and nobility of purpose. The National Cemetery is a beautiful and awe-inspiring tribute to those who gave much to preserve our Nation’s freedom and way of life.

2. CONTRACT OBJECTIVES

2.1. The objective of this Performance Work Statement (PWS) is to ensure the professional removal and mitigation of geese at Fort Logan National Cemetery in order to maintain the high standards of appearance as a National Shrine, in accordance with best commercial practices and the requirements identified in this solicitation.

2.2. To preserve a dignified and professional environment for visitors, employees, and ceremonial events, the cemetery requires Geese to be removed year-round in a safe and humane way. These services contribute to maintaining a clean, safe, and respectful atmosphere that reflects the standards of the National Cemetery Administration.

2.3. The minimum length of the contract is planned for one (1) base period with up to four (4) one (1) year options individually exercised at the VA’s discretion and dependent on the availability of funds.

3. DESCRIPTION OF SERVICES

3.1. The Contractor shall furnish all personnel, supervision, professional expertise, equipment, tools, services, quality control, and materials necessary to ensure that non-personal Geese Mitigation services are performed at the Cemetery in a manner that shall:

3.1.1. Implement an intensive and humane year-round hazing protocol.

3.1.2. Perform egg depredation and nest removal.

3.1.3. Shall not interfere or disrupt any cemetery or funeral service operations in any capacity.

3.2. During periods of heavy migration, approximately October through March, between the hours of 7:00 a.m. and 5:00 p.m., service shall be performed twice per day, seven days a week. During periods of minimal migration, approximately April through September, service shall be performed once per day, seven days a week. All work performed by the Contractor shall be performed in accordance with all applicable laws, regulations, and commercial practices. Colorado licenses and fees for any geese related control are to be acquired, maintained, and up to date. A copy of the contractor’s license for any egg removal or oiling shall be kept on file by the COR.

4. CONTRACTOR WORK HOURS AND WORKDAYS

4.1. Routine services provided under this Contract shall be furnished Monday through Sunday, between the hours of 7:00 a.m. to 5:00 p.m.

4.2. Some services may require the Contractor to work after normal duty hours. In such cases, the Contractor shall submit the request to work to the COR at least one (1) workday in advance of performing said services.

5. CEMETERY SECURITY

5.1. No keys will be provided to the Contractor.

5.2. The Contractor shall notify the COR when unauthorized or suspicious persons are seen on the premises.

5.3. The Contractor shall be responsible for safeguarding all government equipment, property, or information provided for contractor use.

6. SAFETY

6.1. The Contractor shall display warning signs that have been approved by the Contracting Officer’s Representative (COR) in all areas where goose control operations may cause traffic obstruction or personnel hazard.

6.2. The contractor shall be responsible for the safety and safekeeping of any dogs used on cemetery property. The cemetery will not be responsible for any injuries caused by or inflicted upon any dogs or citizens on cemetery property.

7. CONTRACTOR FURNISHED EQUIPMENT/SUPPLIES

7.1. The contractor shall furnish the supplies necessary to perform all services required. Supplies and equipment shall meet the specifications below and comply with VA, Federal, or State Occupational Safety and Health Standards and Fire regulations.

7.2. All items shall be approved by the COR prior to being used. New supplies or changes in previously approved material shall require product literature and may require samples.

7.3. Contractor’s equipment shall be compatible with existing sources of furnished electrical power. All equipment shall comply with current safety standards.

7.4. Equipment will be checked for electrical safety and records maintained.

7.5. All electrically operated equipment shall be equipped with quiet-type motors, be third wire grounded, and equipped with an appropriate length of UL approved three-conductor cord. Extension cords are prohibited.

7.6. All wheeled and movable equipment shall be equipped with protective non-marking wheels and rubber bumpers or guards around the entire perimeter. No part of the equipment (except fixed handles) shall protrude beyond the rubber bumpers.

7.7. When not in use, equipment shall be stored in designated areas only.

7.8. All material not immediately used shall be properly stored.

7.9. Other Items –

7.9.1. Signs – Signs shall contain easily understood directions, in English.

7.9.2. Contractor Equipment – The Cemetery shall not be held responsible for any items of Contractor’s equipment which are lost, damaged, or stolen. The contractor shall tag all contractor owned equipment for identification.

8. CHEMICAL STORAGE AND SAFTEY DATA SHEETS

8.1. The Contractor shall furnish to the COR all Safety Data Sheets (SDS) for any materials used in the performance of this contract. All new products used during the life of the contract must have SDS provided to the COR prior to bringing these products on site and being used. The Contractor shall use only commercially available products that meet Federal, State, and local codes. These requirements shall include those identified in Executive Order 13423. The COR must contact the Contractor immediately if any item is deemed inappropriate for use under this contract.

8.2. Contractor shall maintain the SDS in a location accessible to all employees and shall advise the COR of their location. The SDS shall be available for inspection by the COR on request.

8.3. Contractor shall store chemicals in an area designated by the COR. ALL CONTAINERS shall be clearly marked as to their contents, and the Contractor shall provide spill containers for all liquids. The Contractor shall contain, fully clean up, and report all spills on Government property in a manner that complies with all applicable Federal, State, and local laws and regulations, or otherwise stated herein, and the Cemetery Spill Control Plan at no additional cost to the Government.

9. STANDARDS OF EMPLOYEE CONDUCT

9.1. Contractor personnel shall be required to adhere to the following standards of dress and conduct, as briefly mentioned here, while performing work in the National Cemetery. These standards and regulations are enforceable under Title 38, U.S.C., Part I, Chapter 9, Section 901.

9.2. Contractor personnel shall be fully clothed at all times, to include upper garment to cover body from the waist to the neck and long pants or slacks. Clothing shall be clean, presentable, and suitable for the work while maintaining proper appearance and decorum indicative for a National Shrine. Proper personal hygiene is imperative. T-shirts and/or tank tops as outer garments are prohibited. Garments, which have a message, slogan, or printing of any kind other than the Contractor’s business attire, are prohibited. Protective/safety clothing and shoes shall meet or exceed OSHA and state requirements. Uniform shirts and hats are acceptable as long as they meet all other attire requirements and are uniform among all Contractor employees.

9.3. Behavior and language must be appropriate, reverent, and respectful at all times. The Contractor’s personnel shall not engage in loud or boisterous behavior, angry outbursts, or use of profane or abusive language at any time on Government premises. Playing radios and/or electronic games/devices shall only be done at lunchtime and in designated break areas. Due to the sensitive mission of the Cemetery, Contractor employees will come into daily contact with grieving individuals, therefore Contractor employees will exercise and exhibit absolute decorum, courtesy, and respect while within the cemetery or at its perimeter or entrances. Inquiries from Cemetery visitors shall be politely referred to Government Cemetery staff. Gratuities of any kind are strictly prohibited.

9.4. The Contractor’s personnel shall consume food and beverages only within areas designated by the COR. Intoxication, violence, or criminal acts of any kind will not be tolerated and is cause for immediate removal from Government property. Use or sale of intoxicating beverages and/or drugs is strictly prohibited. Use of tobacco products is only allowed in specific areas designated by the COR.

10. PARKING AND VA REGULATIONS

10.1. Contractor employees may park privately owned vehicles in the area designated for parking by the COR. It is the responsibility of the Contractor to ensure his employees park in the appropriate designated parking areas. The Cemetery will not validate or make reimbursement for parking violations of the Contractor’s employees under any conditions. Smoking is prohibited inside any building at the Cemetery. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation/summons answerable in the United States (Federal) District Court, or another appropriate jurisdiction/agency.

11. GENERAL CONDITIONS

11.1. The Contractor is responsible to ensure that all work shall be done in a manner that safeguards all VA visitors, employees, and public. The Contractor shall be solely responsible for any and all actions initiated and/or completed by his/her employees. Furthermore, the Contractor and his/her employees shall have a clear understanding of, and be sensitive to, such environmental issues as ground water contamination, wetlands, etc., and be consistent and fully compliant with all applicable Federal, State, County and City laws, ordinances, Right-to-Know laws, EPA guidelines, and regulations.

11.2 The Contractor shall pick up and clean up any and all dog waste immediately, and all efforts shall be made to avoid dogs relieving themselves within interment sections to maintain the dignified and professional environment of the cemetery. All waste shall be discarded off cemetery property, not deposited in cemetery trash receptacles.

11.3. The Contractor shall be responsible for cleaning any cemetery structures that are soiled or stained as a result of Contractor’s performance. The Contractor shall wash-down with water all soiled or stained structures and grounds at the end of each workday. No hazardous chemicals are to be used at any time on Government property. The Contractor shall bear all costs associated with washing and cleaning. Any such washing/cleaning shall be brought to the immediate attention of the COR prior to washing/cleaning.

11.4. At the end of each day the Contractor shall remove all debris from the cemetery site resulting from the work, unless otherwise specified by the COR. The Contractor shall ensure at all times that rubbish and trash generated by the Contractor is kept clear of vehicular and pedestrian traffic throughout the site. NOTE: The Government shall NOT provide receptacle(s) for disposal of debris related to this contract.

11.5 Adequate warning devices, barricades, guards, flagmen or other necessary precautions shall be provided by the Contractor for the protection, safety, and warning of all pedestrians and vehicular traffic within the area.

11.6 The Government may undertake or award other contracts for additional work at or near the site of work for this contract. The Contractor shall fully cooperate with any other Contractors and with Government employees and shall carefully adapt scheduling and performance of work, needing any direction, it shall be provided by the COR. The Contractor is responsible for reporting to the COR any problems or questions that may arise with any other personnel on site during the period of performance of this contract. The Contractor shall not take it upon him or herself to resolve any problems or issues with other on-site Contractors or employees but rather will leave it to the COR to resolve the issue.

11.7 Contractors shall be responsible for replacement of any cemetery structure, to include: turf, curb, road pavement, headstone or marker, valve boxes, control markers, sprinkler heads, which is chipped, marred, damaged and/or ruined at the fault of the Contractor. The Contractor shall bear all costs associated with replacement and reinstallation. Any such damage shall be brought to the immediate attention of the appointed COR prior to repair/replacement/installation.

11.8 Due to the sensitive mission of the cemetery, the work often requires contact with, and exposure to, grieving individuals. Contractor personnel must exercise and exhibit absolute decorum, composure and stability at all times.

11.9 The Government shall not be responsible for any loss, damage, or theft of contractor items. Contractor shall be responsible for acceptable standards of housekeeping and custodial maintenance of Department of Veterans Affairs facilities used by Contractor's employees.

11.10 Electricity and water will be furnished by the Government.

11.11 The COR may designate an area for the Contractor to use to store a limited amount of supplies or equipment, if available.

11.12 The COR will designate an area for Contractor employees to take lunch and other breaks.

12. SUPERVISION AND TRAINING

12.1. The Contractor shall establish and maintain an office through which the Contract Manager or alternate(s) can be contacted during duty hours. The Contract Manager or alternate shall be available during standard duty hours to meet at the Cemetery within one (1) hour with the Government personnel designated by the CO to discuss problem areas. The Contractor shall provide the COR telephone a number(s) where surveillance results and complaints can be reported. The Contractor shall also provide the COR with the names and phone/pager numbers of Contractor POCs for after business hours including nights, weekends, and Holidays. This information will be kept and updated by the Contractor whenever personnel changes occur. The Contract Manager or alternate shall have full authority to act for the Contractor on all contract matters relating to the daily operation of this contract.

12.2. The Contractor shall be responsible for maintaining satisfactory standards of personnel conduct and work performance and shall administer disciplinary action as required. The Contractor is expected to remove any employees from the Cemetery for cause, to include, but not limited to, safety violations, other misconduct in performance of duty under these specifications and/or conduct contrary to the best interests of the Government. If the Contractor fails to act in this regard, or the reason for a removal is immediately required to protect the interests of the Government, the COR may direct the removal of an employee from the premises. Contractor objections to any such action will be referred to the Contacting Officer (CO) for final resolution; however, the Contractor will first immediately comply with COR direction pending any CO final resolution at a later date or time. The Contractor will not be due any type of compensation for their costs incurred as a result of an employee being removed for cause; unless the removal is directed by the COR and is later found invalid and/or unreasonable by the Contracting Officer.

12.3. The Contractor shall also be responsible for training and safety precautions for Contractor employees performing work under these specifications. Training shall be accomplished within the first thirty (30) days of employment, with refresher courses on an annual basis. OSHA standards shall be observed by the Contractor in all work performed. Contractor shall ensure that appropriate safety equipment is used by Contractor personnel and shall be used as prescribed by OSHA standards, including hard hats, safety shoes, safety glasses, and hearing protection devices. The following OSHA and NFPA standards and codes are to be adhered to, and records will indicate by name and date when employees are trained in the following:

12.3.1. National Fire Protection Association (NFPA): 10-1998 Standard for Portable Fire Extinguishers

12.3.2. Occupational Safety and Health Administration (OSHA) 29 CFR 1910 Safety and Health Regulations for Personal Protection, Safety Color Codes, Portable Power Tools, Electrical Safety and Portable Electric Equipment.

12.3.3. Site and Building Access: Maintain free and unobstructed access to facility emergency services and for fire, police and other emergency response forces in accordance with NFPA 241.

12.3.4. Hazard Communications (OSHA, HCS, 29 Code, FR 1910.1200)

12.3.5. Hazard spills/Waste Handling

12.3.6. Universal Precautions (OSHA, 29 CFR Part 1910.1030)

12.3.7. Equipment Operations Training (Utility Training)

12.3.8. Initial Environmental Management System (EMS) awareness training and annual EMS awareness refresher training if the contract is greater than one (1) year. The COR or designated appointee will be responsible for providing the EMS training, as well as providing the method of training. Individual documentation processes will be established by the COR or designated appointee.

13. INSPECTION OF CEMETERY

13.1. The Contractor shall perform a weekly inspection. During this inspection the appearance of the Cemetery will be observed, and any deficiencies noted within the scope of the contract will be corrected as soon as practicable. Items that need correcting outside the scope of the contract will be reported to the COR or his/her representative.

13.2. The Contractor shall be required to submit inspection reports and work accomplished to the COR weekly. The COR is located at the Fort Logan National Cemetery. The inspection forms will be provided to the Contractor. (See “Work Summary and Progress Report”, Attachment 6)

14. QUALITY ASSURANCE

14.1. The Government COR shall conduct surveillance activities and evaluate the Contractor’s performance to ensure services are received in accordance with requirements set forth in this contract. These surveillance activities shall be accomplished in a manner which is timely to ensure no defects are initiated after Contractor has provided the services. The COR shall utilize the Contractor’s work schedule to plan their inspections and surveillance activities. The COR will record inspection and surveillance results which then become the official National Cemetery Administration record of the Contractor’s performance.

14.2. Actions to be taken.

14.2.1. Normally, the COR will verbally advise or give a written inspection report to the Contractor of discrepancies the first time they occur and ask the Contractor to correct the problem. A notation will be made on the COR checklist of the date and the time the deficiency was discovered and the date and time the Contractor was notified.

14.2.2. If the Government created any of the discrepancies, these will not be counted against the Contractor's performance. When the Government has caused the Contractor to perform in an unsatisfactory manner, the COR will forward a written notice to the responsible organizational element requesting corrective action be taken.

14.2.3. When the Contractor is not meeting the acceptable limits of satisfactory performance, a CDR will be issued to the Contractor. The seriousness of the failures should govern whether to issue CDR at the end of the period, or as soon as work performance is less than satisfactory.

14.2.4. When a CDR is issued for a service, the Contracting Officer and/or the COR may exercise any contractual remedy available for non-performance, in accordance with FAR 52.212-4, “Inspection and Acceptance”.

14.2.5. If the Contractor does not achieve satisfactory performance by the end of the next period or agreed suspense date, further actions may be considered, to include a determination on whether continued performance by the contractor is feasible.

14.2.6. When a performance threshold has not been met or Contractor performance has not been accomplished, the COR will initiate and provide the CO with a Contract Discrepancy Report (CDR) for issuance to the Contractor. The Contractor shall respond to the CDR IAW instructions provided and return it to the CO within ten (10) calendar days of receipt. The CO will have ten (10) calendar days to respond back to the Contractor with acceptance or rejection of the Contractors’ response to the CDR.

14.3. Performance Evaluation Meeting expectations.

14.3.1. The issuance of a Contract Discrepancy Report (CDR) found at Attachment 5 may be cause for the scheduling of a meeting between the Contractor, Contracting Officer, and the COR. A mutual effort will be made to resolve all problems identified. The Government will prepare written minutes of the meeting. The Contractor, Contracting Officer, and COR will sign minutes of the meeting(s).

14.3.2. Should the Contractor not concur with the minutes, they will so state their objections in writing to the Contracting Officer, within ten calendar days, and explain the reasons for non-concurrence. The Contracting Officer will review and consider the reasons submitted for the Contractor's non-concurrence and make a decision to revise or uphold the comments as written. The Contracting Officer will notify the Contractor of the decision in writing within ten calendar days of submission of any objections.

15. CONTRACTOR’S QUALITY CONTROL PLAN (QCP)

15.1. The Contractor shall submit a Quality Control Plan (QCP) for Contracting Officer and COR acceptance within 14 calendar days after contract award to assure the requirements of this contract are provided as specified. Any changes thereafter must also be provided to Contracting Officer and COR for acceptance. The Contracting Officer will review the QCP, list any needed clarifications, and return it to Contractor for response, if necessary.

15.2. At a minimum, the Contractor’s QCP shall include the following or have been incorporated into during performance of contract:

15.2.1. An inspection plan covering all services required by this contract. The inspection plan must specify the areas to be inspected on either a scheduled or unscheduled basis; how often inspections will be accomplished and documented; and the title of the individual(s) who will perform the inspections.

15.2.2. On-site records of all inspections conducted by the Contractor noting necessary corrective action taken. The Government reserves the right to request copies of any and/or each inspection.

15.2.3. Incorporation of either active or established internal policy and procedures for updating equipment and procedures that may affect performance of contract.

15.2.4. The methods for identifying and preventing deficiencies in the quality of service performed, before the level of performance becomes unacceptable and organizational functions noting intermediate supervisory responsibilities and overall management responsibilities for ensuring total acceptable performance.

15.2.5. On-site records identifying the character, physical capabilities, certifications and ongoing training of each employee performing services under this contract.

15.2.6. A log to account for all requests for immediate service. The log shall indicate the date and time of services, and description of results and completion of these services.

15.2.7. On-site records of any complaints or problems, with procedures taken to allow for corrections and/or elimination before effects caused interruption of performance of contract.

16. REPORTING AND RECORD KEEPING

16.1. The Contractor Superintendent, or his/her designee, shall provide the COR with the following documentation:

16.1.1. The Contractor Superintendent shall provide a WEEKLY, accurately written report identifying all work that took place within the previous seven (7) calendar days. The contractor shall document services performed, indicate the location where work was performed, and provide information to the COR as required.

16.1.2. The Contractor shall submit the following documents or information in accordance with the table below.

Table 16

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

Attachment 1 through Attachment 4

Attachment 1 Performance Work Requirements Summary

Attachment 2 Site Layouts

Attachment 3 Work Summary and Progress Report

Attachment 4 Contract Discrepancy Report (CDR)

ATTACHMENT 1

SERVICES SUMMARY

1. The purpose of this exhibit is to:

a. List the contract requirements considered most critical to acceptable contract performance.

b. Show, where applicable, the maximum allowable degree of deviation from perfect performance for each requirement that shall be allowed by the Government before contract performance is considered unsatisfactory.

c. Define the procedure the Government shall use in reducing the Contractor’s monthly payment if satisfactory performance is not rendered.

2. The Government's quality assurance procedures are based on actual performance of the contract, and all areas will be reviewed periodically, (e.g. daily, weekly, monthly, quarterly, or annually).

3. The criteria for acceptable and unacceptable performance are as follows:

a. Contract requirements. The criteria for requirements are the level of performance deemed acceptable to the Government.

b. If the quality of work does not comply with the contract requirements the COR will initiate, and the Contractor shall be required to complete a Contract Discrepancy Report (CDR).

c. The CDR will require the Contractor to explain in writing why performance was unacceptable, how performance will be returned to an acceptable level, and how recurrence of the problem will be prevented in the future. The contractor will not be paid for services not rendered in accordance with the standards set forth in this contract.

d. If the level of performance is deemed unacceptable to the Government, payment may be reduced for unsatisfactory performance by the percentage as shown in the chart below:

SERVICES SUMMARY (Continued)

Performance Objective

Threshold

SS-1

Daily Humane Goose Hazing Preferred method(s) to chase and deter geese from the cemetery property with the use of trained, non-civilian hostile dogs and/or drones.

within 2 hours of notification Periodic Validation, customer complaint

SS-2

Removal of Goose Nests/Eggs Destroy geese nests and oil any observed eggs

within 2 hours of notification Periodic Validation, customer complaint

SS-3

Quality Control Inspection procedures are followed and documented in accordance with Contractor’s Quality Control Plan (incorporated into contract after award)

ATTACHMENT 2

SITE LAYOUT

SITE LAYOUT (Continued)

ATTACHMENT 3

To:

Fort Logan National Cemetery

Project Title:

Geese Mitigation Services

Contract No:

WORK COMPLETED & SUBMITTED FOR ACCEPTANCE

(This form is not to be used as an Invoice)

Date Completed:

Report below any circumstances which may have adversely affected work progress such as weather, strikes, delays by the Government, etc.

Note: Contractor shall sign confirming that services indicated have been completed. Government shall also sign in acknowledgment of receipt of the Progress Report.

Duplicate Form as Necessary

ATTACHMENT 4

Contract Discrepancy Report

Contract Number:

Report No. for this Discrepancy:

To: (Contractor/Manager’s Name)

From: (Name of COR)

5. Dates

5a. Prepared:

5b. Returned by Contractor:

5c. Action Complete:

Discrepancy or Problem: (Describe in detail. Include reference to PWS Directive; attach additional sheet if necessary.)

Signature of Contracting Officer or COR:

8a. To: (Contracting Officer and/or COR)

8b. From: (Contractor)

9. Contractor Response as to Cause, Corrective Action and Actions to Prevent Recurrence: (attach additional sheet if necessary.)

10a. Signature of Contractor Representative:

10b. Date:

11. Government Evaluation: (Acceptance, partial acceptance, reflection; attach additional sheet if necessary.)

12. Government Actions: (Reduced payment, cure notice, show cause, other)

13. Close Out

a. Contractor

b. COR

c. CO image1.png image2.png