Performance Work Statement (PWS) (1).docx

PERFORMANCE WORK STATEMENT (PWS)

FOR

40th INFANTRY DIVISION CPX 3 CAMP PENDLETON LIFE SUPPORT

1.0 General:

1.1 Scope: The contractor shall provide all personnel, equipment, tools, materials, supervision, and quality control necessary, except as specified in Paragraph 3.0 as Government Furnished, to perform Life Support Services, as defined in this PWS

1.1.1 Objectives: The Contractor shall provide non-personal service(s). The Contractor shall deliver, set up, break down, and service 4 large tents, 4 shower trailers.

1.2 Background: California Army National Guard unit Headquarter of 40th Infantry Division will host CPX 3 training event with multi out of state units in preparation for upcoming War Fighter exercise in October 2022 and deployment in 2023. The 40th ID headquarters are conducting training operation at Camp Pendleton training area, CA, where there are no life support services available. Therefore, commercial services are necessary in accomplishing the mission.

1.3 Period of Performance (PoP): The Period of Performance shall be a total of 8 days. Dates below:

12 September 2022--19 September 2022 (8 days)

1.4 General Information:

1.4.1 Place and Performance of Services: The Contractor shall provide support between the hours of 0700-1630, Sunday-Saturday except on recognized US holidays or when the Government facility/installation is closed due to local or national emergencies, administrative closings, or similar Government-directed facility/installation closings. Performance shall be at the Camp Pendleton, CA Life Support Area in Camp Pendleton, CA. The Contractor shall always maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS when the Government facility/installation is not closed for the above reasons. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the work force are essential. Telework is not authorized.

1.4.1.1 Telework: The Government does not permit the contractor to telework in support of this requirement. In furtherance of Continuity of Operations Planning (COOP), a telework program may be enacted to ensure that the Government's mission-critical operations stay operational during times of national emergency or incidents of national significance. Telework shall be at no additional cost to the Government.

1.4.1.2 Unscheduled gate closures by the Security Police may occur at any time causing all personnel entering or exiting a closed installation to experience a delay. This cannot be predicted or prevented. Contractors are not compensated for unexpected closures or delays. Vehicles operated by contractor personnel are subject to search pursuant to applicable regulations. Any moving violation of any applicable motor vehicle regulation may result in the termination of the contractor employee’s installation driving privileges.

1.4.1.3 The Contractor’s employees shall become familiar with and obey the regulations of the installation, including fire, traffic, safety and security regulations while on the installation. Contractor employees should only enter restricted areas when required to do so and only upon prior approval. All contractor employees shall carry proper identification with them at all times and shall be subject to such checks as may be deemed necessary. The contractor shall ensure compliance with all regulations and orders of the installation, which may affect performance. The Government reserves the right to direct the removal of an employee from Government property or revoke access to Government systems for misconduct, security reasons, or any overt evidence of communicable disease.

1.4.1.4 Removal of contractor employees for reasons stated above does not relieve the Contractor from responsibility for total performance of this contract.

1.4.2 Recognized Holidays: The following are recognized United States (US) holidays. The contractor shall not perform services on these days:

New Year’s Day: January 1st Martin Luther King, Jr.’s Birthday President’s Day Memorial Day Independence Day: July 4th Labor Day Columbus Day Veteran’s Day: November 11th Thanksgiving Day Christmas Day: December 25th

1.4.2.1 Reserved

1.4.3 Quality Control (QC): The contractor’s existing quality assurance system shall be utilized in accordance with FAR 12.208.

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

1.4.5 Installation Access and Security Requirements: Access to U.S. installations, buildings and controlled areas is limited to personnel who meet security criteria and are authorized. The Contractor shall comply with all applicable installation/facility access and local security policies and procedures, which may be obtained from the COR. The Contractor and all associated subcontractor employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services, or Security Office. The Contractor shall ensure compliance with all personal identity verification requirements as directed by Department of Defense (DoD), Headquarters Department of Army (HQDA) and/or local policy (see PWS 6.0). Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes.

1.4.5.1 Reserved

1.4.5.2 For contractors that do not require a CAC, but require access to a DoD facility or installation: Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/ AR 190-13), and applicable installation, facility and area commander installation/facility access, and local security policies and procedures (provided by a Government representative).

1.4.5.3 Awareness Training (AT) Level 1: All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, and controlled access areas shall complete AT Level 1 training within 30 calendar days after contract start date and within 30 calendar days of new employees commencing performance. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee to the COR within 15 calendar days after completion of training by each employee or subcontractor personnel. AT Level 1 awareness training is available at the following website: https://jko.jten.mil/courses/atl1/launch.html.

1.4.5.4 Reserved

1.4.5.5 Communications Security/Information Technology (COMSEC/IT) Security. All communications with DoD organizations are subject to COMSEC review. All telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. DoD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DoD organizations. Therefore, the contractor is advised that any time contractor personnel place or receive a call they are subject to COMSEC procedures. The contractor shall ensure wide and frequent dissemination of the above information to all employees dealing with DoD information. The contractor shall abide by all Government regulations concerning the authorized use of the Government's computer network, including the restriction against using the network to recruit Government personnel or advertise job openings.

1.4.5.6 Reserved

1.4.5.7 Reserved

1.4.5.8 Reserved

1.4.5.9 Reserved

1.4.5.10 Reserved

1.4.5.11 OPSEC Training: In accordance with AR 530-1, Operations Security, new contractor employees shall complete Level I OPSEC training within 30 calendar days of their reporting for duty and annually thereafter. The contractor shall submit certificates of completion for each contractor employee to the COR within 15 calendar days after completion of training. Level 1 OPSEC training is available at https://securityawareness.usalearning.gov/opsec/index.htm.

1.4.5.12 Reserved

1.4.5.13 Reserved

1.4.5.14 Reserved

1.4.6 Physical Security: The contractor shall safeguard all Government property provided for contractor use. At the close of each work period, Government facilities, equipment and materials shall be secured.

1.4.7 Special Qualifications: The contractor shall ensure all employees possess all required licenses for operating heavy equipment vehicles, trucks, and/or generators used in the performance of this contract. This does not include education or other qualifications for the position in which the contractor employee is performing, dress codes, or other information. (NOTE: The Government does not provide training to contractors. Contractors must ensure that any personnel performing under a contract are fully trained, licensed, certified, and otherwise qualified to provide services.)

1.4.8 Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the KO in accordance with FAR 42.5. The KO, COR and other Government personnel, as appropriate, may meet periodically with the contractor to review the contactor’s performance. At these meetings, the KO will apprise the contractor of how the Government views the contractor’s performance and the contractor shall apprise the Government of problems, if any, being experienced. The contractor shall resolve outstanding issues raised by the Government. Contractor attendance at these meetings shall be at no additional cost to the Government.

1.4.9 Contract Manager (CM): The contactor shall designate a CM who shall ensure performance under this contract. The name of this person, and an alternate who shall act for the contractor when the CM is absent, shall be designated in writing to the KO. The CM or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The CM shall work through the COR to resolve issues, receive technical instructions, and ensure adequate performance of services. The CM shall ensure that contractor employees do not perform any services outside the scope of the contract without an official modification issued by the KO. The CM shall ensure contractor employees understand that services performed outside the scope of the contract are performed wholly at the expense of the contractor.

1.4.10 Identification of Contractor Employees: All contractor personnel attending meetings, answering Government telephones and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression that they are Government employees. The contractor shall ensure that all documents or reports produced by contractor personnel are suitably marked as contractor products or that contractor participation is appropriately disclosed. The contractor’s status as a “contractor” shall be predominantly displayed in all correspondence types (to include signature blocks on e- mail) and dealings with Government or non-Government entities. Contractor personnel shall wear identification badges distinguishing themselves as such. The badges shall have the company name, employee name and the word “contractor” displayed.

1.4.10.1 The contractor shall retrieve all identification media (including vehicle passes) from its employees who depart employment for any reason. The contractor shall return all identification media (i.e., badges and vehicles pass) to the KO within 4 days of an employee’s departure.

1.4.11. Combating Trafficking in Persons: The United States Government has adopted a zero-tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not engage in severe forms of trafficking in persons during the period of performance of the contract; procure commercial sex acts during the period of performance of the contract; or use forced labor in the performance of the contract. The Contractor shall notify its employees of the United States Government’s zero tolerance policy, the actions that will be taken against employees for violations of this policy. The contractor shall take appropriate action, up to and including termination, against employees or subcontractors that violate the US Government policy as described at FAR 22.17.

1.4.12 Reserved

1.4.13 Reserved

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

2.0 Definitions and Acronyms

2.1 Definitions: Although not inclusive of every term used within this PWS, the following provides a list of definitions used throughout this PWS and commonly used in the acquisition field. (List definitions used in the PWS and what they represent. At a minimum, insert the definitions provided below.)

Contracting Officer – means a person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.

Contracting Officer's Representative (COR) – As defined in DFARS 202.101, means an individual designated and authorized in writing by the Contracting Officer to perform specific technical or administrative functions. Department of Defense Instruction (DoDI) 5000.72, Part II Definitions states the following when defining a COR: “Defined in subpart 202.101 of Reference (f). Any individual delegated responsibilities pursuant to subpart 1.602-2 of Reference (e), regardless of local terminology, must be certified in accordance with this instruction. For example, local terminology can be COR, contracting officer’s technical representative, technical point of contact, technical representative, alternate COR, administrative COR, assistant COR, line-item manager, task order manager, quality assurance personnel, quality assurance evaluator, or COR management.” In addition, Army Regulation 70-13, Chapter 2, paragraph 2-2g, states, in part, the following when providing support personnel to assist the COR, “…These other surveillance support personnel may serve as on-site representatives of the COR in performance of actual contract surveillance if they meet all COR requirements and have been appointed by the Contracting Officer as alternate CORs.”

Contractor – means a supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

Contractor-acquired property - means property acquired, fabricated, or otherwise provided by the Contractor for performing a contract, and to which the Government has title.

Day – means, unless otherwise specified, a calendar day.

Defective Service – means service output that does not meet the standard of performance associated with the Performance Work Statement.

Deliverable – means anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

Government-furnished property - means property furnished to the contractor the Government and subsequently furnished to the Contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes Contractor-acquired property if the Contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.

Government property - means all property owned or leased by the Government. Government property includes both Government-furnished property and Contractor-acquired property. Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software.

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

Property Administrator - means an authorized representative of the Contracting Officer appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a Contractor.

High Level Objective (HLO) – means a key overarching result-based objective for a project necessary to achieve the project’s vision. HLOs are similar to Level 2 in a Work Breakdown Structure. Each HLO may contain several statements to flesh out the areas necessary to meet the objective.

Physical Security – means that part of security concerned with physical measures designed to safeguard personnel; to prevent unauthorized access to equipment, installations, material, and documents; and to safeguard against espionage, sabotage, damage, and theft.

Quality Assurance – (or Government contract quality assurance) means the various functions, including, inspection, performed by the Government to determine whether a Contractor has fulfilled the contract obligations pertaining to quality and quantity.

Quality Assurance Surveillance Plan (QASP) – means the key Government-developed surveillance process document and is applied to Performance-Based Service Contracting (PBSC). The QASP is used for managing Contractor performance assessment by ensuring that systematic quality assurance methods validate that Contractor quality control efforts are timely, effective, and are delivering the results specified in the contract or task order. The QASP directly corresponds to the performance objectives and standards (i.e., quality, quantity, timeliness) specified in the Performance Work Statement (PWS). It provides specific details on how the Government will survey, observe, test, sample, evaluate, and document Contractor performance results to determine if the Contractor has met the required standards for each objective in the PWS. The QASP, with very few if any exceptions, is an internal to Government document.

Quality Control – means all necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

Statement – means the specific results-based activities required to satisfy HLOs. A statement contains a result, the context of the statement, and the required action(s). Statements focus on “what” is to be accomplished; however, they are not prescriptive in describing “how” the outcome is to be achieved. Each HLO may have several statements to flesh out the areas necessary to meet the objective. Statements are similar to Level 3 in a Work Breakdown Structure.

Subcontractor – means one that enters into a contract with a prime Contractor. The Government does not have privity of contract with the subcontractor.

Workday - The number of hours per day the Contractor provides services in accordance with the contract.

Work Week - Monday through Friday, unless otherwise specified.

2.2 Acronyms: Although not inclusive of every term used within this PWS, the following provides a list of acronyms used throughout this PWS or commonly used in the acquisition field.

3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S): The Government will provide the property, material, equipment, and/or services listed below solely for the purpose of performance under this contract:

3.1 Property: The Government will furnish the necessary workspace for the contractor to perform services outlined in this PWS to include desk space, telephones, computers and other items necessary to maintain an office environment.

3.2 Materials: None

3.3 Equipment: None

3.4 Services: None

3.5 Utilities: All utilities in the facility will be available for the contactor’s use in the performance of this contract. The contractor shall instruct employees in utilities conservation practices. The contractor shall operate under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount.

4.0 Contractor Furnished Property, Materials, and Equipment (CFP/M/E):

4.1 General: Except for those items specifically stated to be Government-Furnished in Paragraph 3.0, the contractor shall furnish everything required to perform these services as indicated in Paragraph 1.1.

4.2 Vehicles and Equipment: The Contractor shall provide all necessary vehicles and equipment to perform the work described in this PWS. All Contractor provided vehicles and equipment shall have the company name prominently displayed on both sides of the vehicle or equipment and present a neat, professional appearance. Contractor's vehicles and equipment used in the performance of this contract shall meet all local traffic, safety, and environmental requirements. Vehicles and equipment found to be unsafe shall be removed from the installation and replaced. The Contractor shall not use any Government-owned tools, materials, or parts to maintain Contractor vehicles and equipment without prior written approval of the Contracting Officer. The COR may inspect the Contractor’s vehicles and equipment at any time.

4.3 Background Checks: The Contractor shall provide a completed copy of SECNAV Form 5512/1 for every employee to the COR within 3 days of award. Individuals report to Camp Pendleton Access Control (Bldg 4150T /0600-1600 M-F) for pass issuance. Each Individual have to provide acceptable (i.e. REAL ID compliant) and the base will run background check to determine for unescorted access.

5.0 Specific Tasks

5.1 Basic Services: The contractor shall provide services for deliver, set up, break down, and service four large tents, four shower trailers for life support.

5.1.1 Delivery Setup/Breakdown: The Contractor shall deliver and setup all equipment to be fully operational no later than 4:00 P.M. local time on 11th September 2022. Breakdown of all equipment shall begin no earlier than 12:00 P.M local time on 19th September 2022.

5.2 Tent Rental: The Contractor shall provide four each 10,000 square feet tents with Heating, Ventilation, and Air Conditioning (HVAC) that includes its own power supply. The Contractor shall provide all personnel, equipment, tools, supervision, and secondary containment to prevent environment contamination, and other items and services necessary to ensure sufficient power generation and backup power generation. Power generated must be in sufficient quantity to power the tent, comfort units (ACs/heaters), all required ancillary equipment, and any other items deemed by the COR to require power.

5.3 Shower Trailer: The Contractor shall provide four shower trailers with total sixty-four stallers. They should be self-contained providing hot/cold freshwater pressured with its only power supply. Showers should be serviced daily, and gray water disposed of in accordance with state and federal laws. Fresh water, gray water storage and service are required from the Contractor.

5.4 Reserved.

5.5 Maintenance: The Contractor shall perform both scheduled and unscheduled maintenance. Contractor will provide all parts, labor, and expertise necessary to complete required maintenance tasks. Parts include those items that must be replaced due to fair wear and tear such as filters, fluids, and lubricants. Clean and repair leaking.

5.6 The Contractor shall dispose of hazardous waste in accordance with local laws, regulations and approved waste disposal facilities.

5.7 Condition: Both interior and exterior of the equipment must be free of excessive soil and damage.

5.8 Safety Items: Each piece of equipment must meet all state and federal safety requirements.

5.9 Routine Calls: The COR will notify the Contractor of repairs to be made from the inspection report or service call. The Contractor shall report to the work location, survey the repair, and provide to the COR an estimated time to repair or replace. All repair work shall be in accordance with normal commercial practices. Downtime of the power source is kept to an absolute minimum. The Contractor must notify the Contracting Officer of all projected downtime and estimated times for repair or replacement.

5.10 Emergency Calls: The Contractor shall respond to emergency repair calls within three (3) hours after notification. The Contractor shall prepare and submit a written report within two (2) business days after the emergency repair. The report shall include the date and time of the service call, the equipment, the repairs performed, and the name of the technician performing the repairs. The Contractor shall have 24 hours to repair or replace equipment with a fully functioning one.

5.11 OSHA Requirements: Contractor must be able to manually lift equipment and components weighing 20 to 60 pounds. Occasionally will manually lift items weighing 75 pounds and with the assistance of other workers or with lifting devices, over 100 pounds. Contractor shall comply with OSHA, state, federal, and local safety regulations, which may include wearing steel toed boots, protective eyewear and mask, hearing protection or other PPE.

5.12 Hazardous Materials (HAZMAT): All waste oil, fuel spills, and any hazardous material generated as a result of Contractor activities shall be cleaned immediately, and all residues shall be transported away for proper disposal in accordance with applicable laws and regulations at the Contractor’s expense.

6.0 Applicable Publications: Publications applicable to this PWS are listed below:

Publication (Chapter/Page)

Federal Acquisition Regulation https://www.acquisition.gov/?q=browsefar

Defense Federal Acquisition Regulation Supplement http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html or https://www.acquisition.gov/dfars

Joint Travel Regulation (JTR) https://www.defensetravel.dod.mil/site/travelreg.cfm

https://www.esd.whs.mil/Directives/issuances/dodi/

DoDD 8140.01 Cyberspace Workforce Management

OCT 2020

https://www.esd.whs.mil/Directives/issuances/dodd/

Occupational Safety and Health Adminstration https://www.osha.gov/publications

7.0 Attachment and Technical Exhibit Listing

7.1 Technical Exhibit A – Performance Requirements Summary

7.2 Technical Exhibit B – Deliverables Schedule

TECHNICAL EXHIBIT 1

Performance Requirements Summary (PRS)

This PRS includes performance objectives the Government will use to determine contractor performance and will compare contractor performance to the Acceptable Quality Level (AQL).

Deliver and Setup of all rented equipment.

PWS Para 5.1

Tent Rental PWS Para 5.2

Shower Trailer Rental PWS Para 5.3

Daily Serving PWS Para 5.3 & 5.4

Emergency Maintenance

PWS 5.10

TECHNICAL EXHIBIT 2

Deliverables Schedule

AT Level 1 Awareness Training Certificates PWS Para 1.4.5.3

OPSEC Training Certificates PWS Para 1.4.5.11

Identification Media PWS Para 1.4.10

SECNAV Form 5512/1 PWS Para 4.3

Emergency Call Report PWS Para 5.10