PWS ASRD Snow Removal.pdf

PERFORMANCE WORK STATEMENT (PWS)

Aspen-Sopris Ranger District Snow Removal

Part 1 - General Information

1. GENERAL: This is a non-personnel services contract to provide Snow Removal. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The Contractor shall provide all personnel, equipment, tools, materials, transportation, employee training and insurance as specified herein.

Training and performance of this contract shall include and comply with all applicable OSHA, EPA, local, State and Federal codes, mandates, and standards. Supplies and materials shall be of a quality and type customarily utilized by current industry standards and equipment ratings and shall be subject to the approval of the Contracting Officer (CO) or Contracting Officer’s Representative (COR) (industry standards only applicable where they do not violate any of the afore mentioned codes/mandates). The Contractor shall at all times provide adequate supervision of employees ensuring all required services are accomplished in accordance with the terms and conditions of the contract. Contractor shall ensure all Snow removal is accomplished to ensure the safety of all individuals at the service locations.

1.2 Background: The Aspen-Sopris Ranger District is in need of snow removal services at the Administrative site in Aspen and the Aspen-Sopris District office in Carbondale.

1.3 Objectives: Remove excessive snow from parking lots and sidewalks. Result of the services performed is a neat, safe, and professional-looking site representing the United States Forest Service to the public.

1.4 Scope: Remove excessive snow from parking lots and sidewalks.

1.5 Period of Performance: The period of performance shall be for one (1) Base Year of 5 months The Period of Performance reads as follows:

01 Jan 2023 – 30 May 2023 BASE YEAR:

1.6 General Information

1.6.1 Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. Within 30 days after contract award or with the contractors proposal if it is an evaluation factor, three copies of a comprehensive written QCP shall be submitted to the CO and COR within 5 working days when changes are made thereafter. After acceptance of the quality control plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to the QC system.

1.6.2 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must 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 the minimum acceptable defect rate(s).

1.6.3 Federal Holidays: Contractor is not required to perform services on these days. If Snowfall does occur on a Federal Holiday, snow removal shall still be completed prior to 7:00 a.m. of the next business day.

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Juneteenth National Independence Day Christmas Day Independence Day

1.6.4 Hours of Operation:

For snow removal, plowing and shoveling will be completed by 7:00 am , 7 days per week, within the performance period identified in 5.1.1.

The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.5 Place of Performance: The work to be performed under this contract will be performed at the Aspen and Carbondale administrative sites of the Aspen-Sopris Ranger District.

The Aspen site is located at 806 W. Hallam St., Aspen, Colorado, and the Carbondale site is located at 620 Main St., Carbondale, Colorado. See Technical Exhibit 1 for an illustration of each site.

1.6.6 Type of Contract: The government will award a Firm Fixed Price award.

1.6.7 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems being experienced, if any. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.6.8 Contracting Officer Representative (COR): The (COR) will be identified separately from the PWS. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies;

coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.9 Identification of Contractor Employees: All contract personnel 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 in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.6.10 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work 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 Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer 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 Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may effect 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.

1.6.11 Security: The Contractor shall report any hazardous conditions to the COR, turn in lost and found articles to the COR. Contractor shall report any items in need of repair to the COR. In the event that there is an onsite emergency and the premises need to be evacuated, the Contractor’s employees shall comply with the evacuation as directed by the competent authority, such as the COR, law enforcement officers, or fire officials.

1.6.12 Contract Authority: Except as specified herein, no order, statement, or conduct of Government personnel who visit the Contractor’s facilities or in any other manner communicate with Contractor personnel during the performance of this contract shall constitute a change under the “Changes” clause of this contract. The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as part of this contract. The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions elsewhere in this contract, the said authority remains solely with the Contracting Officer. In the event the Contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. In the event the contract administration is transferred to a new Contracting Officer, notification to all parties concerned shall be provided within 30 days of the change.

1.6.13 Biobased Products: The Contractor shall comply with the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C. 8102(c)(3)) as required under the clause - 52.223-1 Biobased Product Certification and 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (see Section I).

1.6.13.1 Use of biobased products: The use of biobased products by prospective offerors shall be utilized over any non-biobased product of equal value.

1.6.13.2 Examples of acceptable Biobased products: A complete list of acceptable Biobased products can be found at: www.biopreferred.gov. Following is an example list of products that may be used in this contract for which biobased products are available. The list is an example only and is not all inclusive. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

2-cycle engine oil Penetrating lubricants Hydraulic fluids Greases Absorbents Diesel fuel additives De-icers

1.6.14 Invoicing: As of February 1st, 2008 the FS utilizes the Invoice Processing Platform (IPP) www.ipp.gov for the electronic submission and tracking of purchase orders, invoices, and payment information to its suppliers of goods and services. IPP is a secure Government-wide, Web-based invoice processing service offered free of charge to Government Agencies and their suppliers. The contractor will attach within the IPP system a hard copy electronic Invoice complete with company letterhead in addition to filling out all Invoice requirements within the IPP System. Once the IPP Invoice is submitted, the COR will review and forward with recommends to the CO for approval and acceptance, at which point the CO will reject or approve and forward the invoice within IPP for submission of payment directly into the contractors bank account through the National Finance Center.

1.6.14.1 Monthly payments: Payments will be made at the end of each month for actual services rendered and IAW with the Prompt Payment Act. Any invoice received before the last day of the month will be rejected and the contractor will be required to resubmit. Prompt Payment Act time clock will not start until a proper invoice is received and accepted by the Government.

PART 2 - DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1 Definitions:

2.1.1 Contractor: 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.

2.1.2 Contracting Officer: 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 Contracting Officer is the only individual who can make changes to the contract and who can legally bind the government.

2.1.3 Contracting Officer Representative: An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4 Defective Service: A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5 Deliverable: Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.6 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 Key Personnel listed in 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.

2.1.7 Physical Security: Actions that prevent the loss or damage of Government property.

2.1.8 Quality Assurance: The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9 Surveillance Plan (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10 Quality Control: All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11 Subcontractor: One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

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

2.1.12 Work Week: Monday through Friday, unless specified otherwise.

2.1.13 Aspen Administrative Site: The compound located at 806 W. Hallam St., Aspen, CO, and all the structures within. This includes the bunkhouse, the northernmost residential building, and the adjacent shed.

2.1.14 Carbondale Administrative Site: The compound located at 620 Main St, Carbondale, CO, and all the structures within.

2.2. Acronyms:

ACOR Alternate Contracting Officer's Representative AGAR Department of Agriculture Acquisition Regulations CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer’s Representative COTS Commercial-Off-the-Shelf FAR Federal Acquisition Regulations FFP Firm-Fixed Price FSAR Forest Service Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 CO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit USDA United States Department of Agriculture

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1 Services: None.

3.2 Facilities: None.

3.3 Utilities: None.

3.4 Equipment: None.

3.5 Materials: None.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The Contractor shall furnish all supplies, equipment, personnel, and services required to perform work under this contract that are not listed under Section 3 of this PWS. If a piece of equipment needs repair or is determined unsafe by the COR, the Contractor shall immediately stop using the equipment and shall repair or replace within 72 hours.

4.2 Government Responsibilities: The Government will not be responsible for damage occasioned by fire, theft, accident, or otherwise to the Contractor's supplies, materials, or equipment in storage, or the Contractor's and their employee's personal belongings.

4.3 Contractor Responsibilities: The Contractor is responsible for loss, theft, damage, or destruction of any Government or personal items belonging or assigned to Forest Service employees when such acts can be proven, beyond a reasonable doubt, to be the fault of the Contractor or one of their employees.

4.4 Fire Prevention: Fire prevention shall be exercised at all times by the Contractor and employees. All combustible material shall be used and stored in a safe manner. Contractor shall report to the COR/CO any fire hazards.

4.5 Federal Regulations: Full compliance with all Federal, State, Local, USDA and Forest Service regulations is required.

4.6 Codes and Standards: The work of this contract shall be done in accordance with all applicable local codes and industry standards to include any safety requirements established by the Occupational Safety and Health Act (OSHA)

4.7 Environmental Protection Agency (EPA): Full compliance with environmental and hazardous waste management laws, rules, and regulations is applicable.

4.8 Federal, State, and Local Codes and Laws: All chemicals used will be those commercially available which meet Federal, State, and local codes and which have been approved by the COR/CO.

PART 5 - SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services.

5.1.1 At the Aspen and Carbondale Administrative Sites, the contractor shall plow/shovel snow from all paved areas, parking areas, and sidewalks whenever snowfall accumulation meets or exceeds 3 inches or more in a 12 hour period. Plowing and snow shoveling/blowing will be completed by 7:00 AM, seven days a week. Should snowfall continue to accumulate upon the premises throughout the day, after the initial morning clearing, the Contractor shall clear the primary site traffic-ways throughout the day for each additional 3 inches of snowfall accumulated. Once snowfall ends, the Contractor shall return after normal office hours to clear the remaining portion of the parking lot and sidewalks, to be completed by 7:00 a.m. the following business day. Period of performance will be November 1st to April 30th. Parking lots and entrances shall be plowed so that snow is not piled onto sidewalks or walk ways nor block the pedestrian use of sidewalks or walkways. All paved and parking areas shall be plowed to the bare pavement or gravel with no trailing windrows left in these areas. All parking spaces shall be cleared of snow and available for parking until the contractor and COR agree to begin using secondary storage sites. Snow shall be pushed into designated areas so that landscaping, trees, shrubs, sprinkler heads, improvements and utilities are protected. Reference maps will be provided.

5.1.1.1 Dumpsters: All snow shall be removed from around the dumpsters to allow for pedestrian access for the disposal of refuse. No snow shall be placed in front of the dumpsters nor block the area so that snow accumulation impedes trash removal service.

5.1.1.2 Snowplow Operations: Snow plowing shall include the clearing of snow from designated driveways, parking areas, and sidewalks by pushing and piling snow into adjacent areas as designated by the US Forest Service and shown on the attached maps. No snow piles shall be left in the plowed areas. The parking areas shall not have a reduction of more than 10 percent of parking spaces at the end of the operations, in reference to the parking conditions available at the beginning of the snow season. At the parking lot entrances and exits, the snowbanks shall not exceed three (3) feet high in these areas. Snowbanks shall be pushed back or snow removed to meet these standards, except that snow may not be pushed or piled onto the streets or sidewalks, per city of Aspen and Carbondale ordinances. When cars are present in parking lots or other areas of snow removal at the time of operations, the Contractor shall remove snow in adjacent parking spaces, as practical. The Contractor shall not block vehicles with snow piles or banks, and assumes liability for damage to vehicles caused by snowplow operations.

PART 6 - INSPECTION AND ACCEPTANCE

52.246-20 Warranty of Services.

(a) Definition. “Acceptance,” as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.

(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor within 7 days from the date of acceptance by the Government. This notice shall state either—

• That the Contractor shall correct or re-perform any defective or nonconforming services; or

• That the Government does not require correction or re-performance.

• If the Contractor is required to correct or re-perform, it shall be at no cost to the

Government, and any services corrected or re-performed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or re-perform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.

• If the Government does not require correction or re-performance, the Contracting Officer shall make an equitable adjustment in the contract price.

AGAR 452.246-70 Inspection and Acceptance.

INSPECTION AND ACCEPTANCE (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's Representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at: destination.

PART 7 - APPLICABLE PUBLICATIONS

APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

7.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures.

PART 8 ATTACHMENT/TECHNICAL EXHIBIT LISTING

8. Attachment/Technical Exhibit List:

8.1 Attachment 1/Technical Exhibit 1 – Performance Requirements Summary

8.2 Attachment 2/Technical Exhibit 2 – Map of Aspen and Carbondale Locations with snow removal and storage areas highlighted.

TECHNICAL EXHIBIT 1

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 (The Service required—usually a shall statement)

Standard Performance Threshold (This is the maximum error rate. It could possibly be “Zero deviation from standard”)

Method of Surveillance

PRS # 1.

The contractor shall provide services for removal of snow from all parking lots and sidewalks by 7:00 AM after every accumulation of three inches or greater in a 12 hour period.

The contractor provided snow removal to a level acceptable for non-off road vehicles to operate safely and pedestrian traffic to walk safely from vehicles to the sidewalks and building entries during the performance period.

Zero deviation from standard

Periodic surveillance of snow accumulation at 7:00 AM and no more than 3 validated customer complaints per service month

PRS # 2

The contractor shall ensure all parking spaces and the dumpster areas are cleared of snow and available for parking and trash removal.

The contractor maintained the available number of parking spaces and an area around the dumpsters.

No more than 10% of parking spaces and the dumpster area are blocked by accumulated snow.

Periodic surveillance of and no more than 3 validated customer complaints per service month

PRS # 3

The contractor shall remove snow from parking areas in a manner that protects landscaping, trees, shrubs, sprinkler heads, improvements and utilities, and yet still allows pedestrian use of sidewalks and walkways.

The contractor removed snow without damage to government property/facilities and did not block sidewalks and walkways with snow piles or windrows.

Zero deviation from standard

Periodic surveillance

PRS # 4

The Contractor shall not block vehicles with snow piles or banks, and shall not damage vehicles when conducting services.

The contractor removed snow without damage to vehicles and did not block vehicles with snow piles.

Zero deviation from standard

Periodic surveillance of and no validated customer complaints

TECHNICAL EXHIBIT 2

Carbondale Administrative Site – 620 Main St., Carbondale, CO 81647

Aspen Administrative Site – 806 W. Hallam, Aspen, CO 81611