PWS Cold Spray Service.docx

PERFORMANCE WORK STATEMENT (PWS)

For

VRC METAL SYSTEMS COLD SPRAY SERVICES

1.0 General

1.1 Scope: The contractor shall provide emergency repairs, technical phone support, as well as any and all parts for Letterkenny’s cold spray systems. The contractor shall ensure the systems are calibrated and functioning correctly. Training shall be given to maintenance personnel on calibration as well as training given to the operators of the equipment. This PWS shall cover all items necessary to perform emergency repairs, non-emergency repairs, diagnosis of issues, scheduled preventative maintenance, and part sourcing related to the cold spray systems. All Contractor employees performing services under this PWS shall be controlled, directed, and supervised at all times by management personnel of the Contractor. Contractor management shall ensure that employees properly comply with the performance work standards outlined in the PWS. Contractor employees shall perform their duties independent of, and without the supervision of any government official.

1.2 Background: Both cold spray systems support production programs at Letterkenny Army Depot (LEAD). LEAD requires an annual service contract to perform recurring system calibrations, personnel training, and an as-needed repair mechanism to ensure both systems continue to operate flawlessly. The cold spray systems utilize proprietary VRC technology, software, components, maintenance, calibration, and training must be performed exclusively by the Original Equipment Manufacturer (OEM), VRC Metal Systems. There are no authorized third-party service, repair, or training providers for these systems.

1.3 Period of Performance (PoP): The Period of Performance shall be one Base ordering period of five (5) years.

1.4 General Information:

1.4.1 Quality Assurance (QA): The Government shall evaluate the contractor’s performance under this contract in accordance with the areas identified in Technical Exhibit 1, Performance Requirements Summary. 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 acceptable quality level(s) (defect rate(s)).

1.4.2 Recognized Holidays: The following are recognized US holidays and the date for each can be found at the following website: http://www.opm.gov/Operating_Status_Schedules/fedhol/Index.asp. The contractor shall not perform services on these days:

1.4.2.1 New Year’s Day

1.4.2.2 Martin Luther King, Jr.’s Birthday

1.4.2.3 President’s Day

1.4.2.4 Memorial Day

1.4.2.5 Juneteenth

1.4.2.6 Independence Day

1.4.2.7 Labor Day

1.4.2.8 Columbus Day

1.4.2.9 Veteran’s Day

1.4.2.10 Thanksgiving Day

1.4.2.11 Christmas Day

1.4.2.12 When an observed holiday falls on a Tuesday or Thursday, the Depot regularly schedules a closure on the corresponding Monday or Friday.

1.4.3 Place and Performance of Services: The contractor shall operate within operating hours of Letterkenny’s standard work schedule of 0600-1530 - Monday through Friday. The exception to this is the alternating Friday Regular Day Off (RDO), or 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 for work under this contract shall be at Letterkenny Army Depot. The contractor shall at all times maintain an adequate workforce 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 stability and continuity of the work force is essential.

1.4.4 Security Requirements: The contractor and all associated subcontractor’s 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. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

1.4.4.1 For contractors that do not require a CAC but require access to a DoD facility or installation. The contractor and all associated subcontractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

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

1.4.6 AT Level 1 Training: All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, and controlled-access areas shall complete AT Level I awareness training within 30 calendar days after the contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the TPOC or to the contracting officer, if a TPOC is not assigned, within 30 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: http://www.letterkenny.army.mil/ctrresources/

1.4.7 iWATCH Training: The contractor and all associated subcontractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the TPOC. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the TPOC NLT 30 calendar days after contract award. iWATCH training is available at the following website: http://www.letterkenny.army.mil/ctrresources/.

1.4.8 OPSEC Training: Per AR 530-1, Operations Security, the contractor employees must complete Level I OPSEC Awareness training. New employees must be trained within 30 calendar days of their reporting for duty and annually thereafter. Level I OPSEC Awareness training is available at the following website: http://www.letterkenny.army.mil/ctrresources/

1.4.9 Conservation of Utilities: 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.

1.4.10 Special Qualifications: The contractor shall ensure all personnel performing work under this contract are fully trained, qualified, and certified to calibrate, service, and repair the cold spray systems. The contractor is responsible for ensuring its personnel possess any required professional licenses or certifications (e.g., for operating powered industrial equipment or handling specialized tools) necessary to execute the PWS safely and in accordance with local, state, and federal regulations.

1.4.11 Contract Manager (CM): The contractor shall provide 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.

1.4.12 Identification of Contractor Employees: All contract 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 in the minds of members of the public that they are Government officials. The contractor shall also ensure that all documents or reports produced by contractor personnel are suitably marked as contractor products or that contractor participation is appropriately disclosed. All contractor personnel will be required to obtain and wear badges in the performance of this contract.

1.4.13 Organizational Conflict of Interest Clause: The 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 OCIs, as defined in RFO 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 and in the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may affect 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:

2.1.1 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 (KO): 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.

2.1.3 DEFECTIVE SERVICE: A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.4 DELIVERABLE: Anything that can be physically delivered and includes non-manufactured things such as meeting minutes or reports.

2.1.5 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.

2.1.6 PHYSICAL SECURITY: Actions that prevent the loss or damage of Government property.

2.1.7 QUALITY ASSURANCE (QA): The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

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

2.1.9 TECHNICAL POINT OF CONTACT (TPOC): An employee of the U.S. Government designated by the KO to monitor contractor performance. 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 the authority to change the terms and conditions of the contract.

2.1.10 WORK DAY: The number of hours per day the Contractor provides services in accordance with the contract.

2.1.11 WORK WEEK: Monday through Friday, unless specified otherwise.

2.2 ACRONYMS:

3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S): The Government will provide the facilities, equipment, materials, and/or services listed below:

3.1 Facilities: The Government will furnish the necessary workspace for the contractor staff to provide the support outlined in this PWS to include performance of services at Letterkenny Army Depot (LEAD), with the specific location to be provided by the Technical Point of Contact (TPOC).

3.2 Equipment: The Government will supply the cold spray systems to be serviced.

3.3 Utilities: The Government will provide standard facility utilities (electricity, water, heating, and air conditioning) at existing outlets within the designated Letterkenny Army Depot (LEAD) facility.

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

5.0 Requirements: The contractor, as the OEM, shall provide annual calibration, routine preventative maintenance, operator and maintenance training, and as-needed troubleshooting, repair, and parts support for LEAD’s cold spray systems.

5.1 Annual Calibration: The contractor shall perform a scheduled one-year annual calibration of the cold spray systems on-site at LEAD. Calibration shall include evaluation, cleaning, and testing of all components to ensure serviceability, accuracy, and adherence to original factory specifications. The contractor shall provide a calibration certificate for each system upon completion. The TPOC will coordinate scheduling. The contractor shall supply all proprietary and specialized OEM parts required to perform scheduled preventative maintenance to the cold spray systems, to be charge under the PM CLIN 0001.

5.2 Annual Preventative Maintenance: The Contractor, as the Original Equipment Manufacturer (OEM), shall perform scheduled annual preventative maintenance on Letterkenny Army Depot’s (LEAD) cold spray systems. The Technical Point of Contact (TPOC) retains sole authority to adjust maintenance schedules based on operational needs, and any additional repairs identified during servicing must be submitted in writing to the TPOC and Contracting Officer (KO) under Section 5.10 (Over and Above) for written approval prior to commencing work. The Contractor is liable for correcting any contractor-caused deficiencies at no cost to the Government, must deliver a detailed written service report within 24 hours of maintenance completion.

5.3 Training: The contractor shall provide annual on-site training at LEAD for equipment operators and maintenance personnel. Operator training shall focus on the safe, proper, and optimized operation of the cold spray systems. Maintenance training shall focus on routine system adjustments, calibration verification checks, nozzle alignment, and basic troubleshooting to allow LEAD personnel to maintain system operation and perform minor adjustments between scheduled OEM annual calibrations.

5.4 Emergency Repairs (O&A): The contractor shall return emergency service calls within 24 hours. If the issue cannot be resolved via phone technical support, the contractor shall coordinate with the TPOC to dispatch an on-site technician within one (1) week of a formal request under an authorized O&A task order.

5.5 Non-Emergency Repairs (O&A): Non-emergency issues will be evaluated via phone support. If on-site repair is required, it will be coordinated and scheduled with the TPOC and executed via the O&A process.

5.6 Parts: The contractor shall supply all proprietary and specialized OEM parts required to perform repairs to the cold spray systems. This shall not be construed to mean that the contractor has exclusive rights to supply all parts for maintenance. The Government reserves the right to procure parts required for maintenance performed in-house by the most advantageous means.

5.7 Technical Support: The contractor shall supply all technical telephone support to aid in troubleshooting and correction of machine faults and problems within 24 hours to the Government. If the contractor is unable to correct the fault or problem via telephone support the contractor shall coordinate with the TPOC for any on-site repair services, to be charged under the Over & Above CLIN 0004.

5.8 Warranty of Parts/Materials: The contractor shall provide a standard commercial warranty furnished with the equipment equal to the same warranty the OEM would provide. The warranty shall cover all workmanship and parts.

5.9 Travel: The contractor shall travel, as required by the Government, and must comply with the Joint Travel Regulation (JTR), RFO FAR 31.205-46, and other applicable Government regulations. The contractor shall be authorized travel expenses consistent with the substantive provisions of the JTR and the limitation of funds specified in this contract. All travel requires TPOC recommendations for approval and authorization by the KO prior to travel arrangements being made. Advance approval of a minimum of three business days is preferred.

5.9.1 The contractor shall provide at the minimum the following information when seeking approval:

5.9.2 Estimated travel costs;

5.9.3 Substantiating proof of utilization of per diem (meals and incidentals), hotel, rental car, and airfare in accordance with the JTR;

5.9.4 Names and qualifications of employees traveling; and

5.9.5 Duration of stay

5.10 Over and Above (O&A) Work:

5.10.1 General.

The contractor shall be responsible for identifying to the Contracting Officer, work that is over and above the basic operation and maintenance requirements but within the general scope of the contract. The Government may also identify and direct work that is over and above the basic operation and maintenance requirements but within the general scope of the contract.

5.10.2 Definitions. As used in this contract—

(1) “Over and above work” means work discovered during the course of performing maintenance that is—

(i) Within the general scope of the contract.

(ii) Not covered by the line item(s) for the basic work under the contract; and

(iii) Necessary in order to satisfactorily complete the contract.

5.10.3 Procedures.

(a) Over and above requirements identified by the contractor will be the primary basis for O&A work; however, the Government may also identify and direct O&A requirements other than that which are identified by the contractor. Unless otherwise negotiated, the Government has the unilateral right to –

(1) Perform O&A work in-house; or

(2) Award O&A work to the contractor.

(b) When acquiring O&A work, the Contracting Officer will establish a separate Contract Line Item Number (CLIN) for each individual project or requirement. All O&A projects will be awarded and administered as supplemental agreements. A contract modification (SF-30) will be executed to definitize each O&A project.

(c) Over and above requirements task the contractor to identify the needed work and upon request by the Contracting Officer, recommend corrective action during contract performance. The contractor submits a work request in order to identify the O&A work and, as appropriate, the Contracting Officer authorizes the contractor to proceed.

(d) Work Requests shall be provided to the TPOCs and KO immediately, or not more than an hour of findings. Work requests shall contain data on the type of discrepancy disclosed, the specific location of the discrepancy, and the estimated labor hours and material required to correct the discrepancy.

(e) Data shall be sufficient to satisfy contract requirements and obtain the authorization of the Contracting Officer to perform the proposed work; however, proposals shall not be submitted until specifically requested by the Contracting Officer.

(f) Upon receipt of a work request, the Government TPOC will verify the proposed work is required and not covered under the basic contract line item(s) and verify the proposed corrective action is appropriate. The Contracting Officer (KO) will review and either approve or deny the over and above work in an expeditious manner. If approval is granted, the KO will follow with an email and notification to the TPOC(s).

(g) Upon request from the Contracting Officer, or within 7 days, the Contractor shall submit a proposal for the over and above work. The Government and Contractor will then negotiate a settlement for the over and above work. Contract modifications will be executed to definitize all over and above work.

(h) Failure to agree on the price of over and above work shall be a dispute within the meaning of the Disputes clause of this contract.

(i) Over and above work requests are within the scope of the contract. Therefore, procedures in DFARS Subpart 217.74, Undefinitized Contractual Actions, do not apply.

(j) To the maximum extent practicable, over and above work shall be negotiated prior to performance of the work.

(k) The Government reserves the right to issue a blanket work request authorization in the form of a letter or contract modification.

6.0 Safety Standards:

6.1 The contractor shall perform all work in a safe and professional manner, complying with all applicable Federal, State, local, and Letterkenny Army Depot (LEAD) safety, environmental, and occupational health regulations (including the LEAD-R 385-1 Safety Program and OSHA standards). The contractor is responsible for ensuring that all personnel are familiar with and adhere to these standards.

6.2 Equipment servicing, calibrations, and repairs shall be conducted strictly in accordance with Original Equipment Manufacturer (OEM) specifications. The contractor shall ensure that all service technicians are fully trained, qualified, and certified by the OEM to perform work on the cold spray systems. Under no circumstances shall contractor personnel request that LEAD staff bypass any machine safety device or violate any depot safety standard.

6.3 While performing work on-site at Letterkenny Army Depot, contractor personnel shall wear appropriate personal protective equipment (PPE) per LEAD-R 385-1 at all times when inside industrial buildings, test facilities, or active production areas.

6.4 The contractor shall immediately report any injuries, near misses, equipment damage, or environmental hazards to the TPOC. In the event of a mishap, the contractor shall not move any involved equipment or materials unless they present an immediate hazard. All waste generated during maintenance activities shall be cleaned up and disposed of in accordance with depot environmental policies.

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

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)

29 CFR 1910, Occupational Safety and Health Standards (Copies may be obtained at www.osha.gov)

LETTERKENNY ARMY DEPOT (LEAD)

LEAD-R 385-1, Safety and Occupational Health Program (Copies may be obtained from LEAD Directorate of Contracting)

TECHNICAL EXHIBIT 1

Performance Requirements Summary

This Performance Requirements Summary includes performance standards. The Government will use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL).

100% inspection by TPOC

100% completion by TPOC

100% inspection by TPOC

100% inspection by TPOC

100% inspection by TPOC

100% inspection by TPOC

5.7

Warranty of Parts/Materials

100% inspection by TPOC

TECHNICAL EXHIBIT 2

Deliverables Schedule

E-Mail joshua.r.mowery.civ@army.mil

E-Mail joshua.r.mowery.civ@army.mil

E-Mail joshua.r.mowery.civ@army.mil

E-Mail joshua.r.mowery.civ@army.mil

E-Mail joshua.r.mowery.civ@army.mil

E-Mail joshua.r.mowery.civ@army.mil bobie.j.burkett.civ@army.mil

E-Mail bobie.j.burkett.civ@army.mil