PWS.pdf

PERFORMANCE WORK STATEMENT

INSPECTION OF CRANES AND HOISTS

PART 1

GENERAL INFORMATION

1.0 GENERAL: This is a non-personal services contract to annually inspect and service cranes and hoists.

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, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform crane and hoist service and inspections, as defined in this Performance Work Statement (PWS), Section 3.0 except for those items specified as government furnished property and services. The Contractor shall perform to the standards of this PWS. All performance times referred to in this PWS are calendar days, unless otherwise specified.

1.2 Background: The USDA-ARS National Bio and Agro-Defense Facility (NBAF) is in Manhattan Kansas. Annual crane and hoist inspection requirements are governed by OSHA.

1.3 Objectives: The objective of this contract is to ensure the cranes within NBAF are serviceable and meet the annual OSHA inspection requirements.

1.4 Scope: The Contractor shall perform crane service and annual inspection on one (1) Shaw-Box 5-ton wire rope hoist and six (6) Demag 4,400 lb. capacity Electric Chain Hoists, annually.

1.5 Licenses, Permits and Bonds: The Contractor shall provide at his own expense all licenses, permits and bonds as required by the State, Counties and Municipalities where they will operate in the transport and disposal of the solid waste removed under the terms of this contract. Refer to 1.15.2 as well.

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

Base Year 30 September 2021 – 29 September 2022 Option Year I 30 September 2022 – 29 September 2023 Option Year II 30 September 2023 – 29 September 2024 Option Year III 30 September 2024 – 29 September 2025 Option Year IV 30 September 2025 – 29 September 2026

1.7 Hours of Operation: The Contractor is responsible for providing services between the hours of 8:00 a.m. to 4:00 p.m. , Monday through Friday except Federal holidays or when the USDA-ARS facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the USDA-ARS facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.8 Federal Observed Holidays:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

1.9 Quality Control Program (QCP): N/A

1.10 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).

1.11 Type of Contract: The Government will award a firm fixed price contract.

1.12 Contracting Officer’s Representative (COR): 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, and specifications; monitor Contractor's performance and notifies both the CO and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.13 Personnel

1.13.1 Contractor Key Personnel: The Contractor shall provide a contract manager who shall be responsible for the performance of the work and shall be the central point of contact with the Government. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the CO. The contract manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available from 8:00 a.m. to 4:00 p.m., Monday through Friday except Federal holidays or when the USDA- ARS facility is closed for administrative reasons. Since this is a performance-based contract, the manpower and labor mix of employees to perform this contract remain the discretion of the Contractor for all services specified in this PWS.

1.13.2 Special Qualifications: The Contractor and their inspector/technicians shall be certified at the state or federal level to conduct crane services and inspections where required. All work shall be performed with, and under the supervision of, skilled and experienced crane inspector who is directly employed by the Contractor. Contractor’s certificates shall be submitted within 30 days of contract award. Recertifications shall be submitted within 30 days of them being acquired.

1.13.3 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 USDA/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.

1.13.3.1 Rosters: For NBAF Facility security purposes, the Contractor shall provide the CO a list of all employees who will perform work under this contract. The list shall include name and work assignment of each employee. The Contractor shall maintain revisions and updates to this list and submit them to the COR monthly.

1.13.3.2 Employee Badges: The Contractor shall furnish each employee a contract identification badge that shall be conspicuously displayed when working. The ID badge shall include the full name of the employee, company name, a badge serial number and the employee’s picture.

1.13.4 Contractor Personnel Conduct: Contractor personnel’s conduct shall not reflect discredit upon USDA-ARS. The Contractor shall ensure that personnel present a professional appearance. The Contractor’s employees shall observe and comply with all local policies and procedures concerning fire, safety, environmental protection, sanitation, security, and possession of firearms or other lethal or illegal weapons or substance. The Contractor is responsible for ensuring that any contractor employees providing services under this contract conduct themselves and perform services in a professional, safe, and responsible manner. The Contractor shall remove from the job site any employee for reasons of misconduct or security.

Particular attention should be paid to acceptance of gifts/ gratuities, and on non-disclosure of sensitive or classified information. The Contractor shall ensure employee conduct complies with 41 USC 423 relative to release of acquisition related information, or actions or discussions which may prejudice future competitions. The Contractor shall ensure no contractor employees conduct political related activities or events on the NBAF premises.

1.14 Payments: Payments for the services specified in the PWS shall be submitted upon completion of the service to include submission of the crane inspections and service completion report.

1.15 Environment and OSHA: The Contractor shall comply with all local, state, and Federal environmental and occupational safety laws, rules, and regulations. Any apparent conflict between compliance with such local, state and Federal laws, rules and regulations, and compliance with the requirements of the contract shall be immediately brought to the attention of the CO and/or the COR for final resolution. The Contractor shall notify the CO and COR in writing in addition to any verbal notification of such conflicts within 24 hours of occurrence. The Contractor shall be liable for all fines, penalties, and costs which result from violations of, or failure to comply with, all such local state, or Federal laws, rules, and regulations. All unsafe acts or conditions fostered by the Contractor or Contractor personnel may be grounds for the CO or COR, to halt all Contractor performance with a commensurate deduction of monies due the Contractor until such unsafe conditions are corrected. The Contractor shall take due caution not to endanger personnel during performance of this contract. Upon discovery of any hazard such as, but not limited to, fire, or large fuel spill, the Contractor shall immediately notify the CO or COR.

1.16 Security Requirements: Personnel employed by the Contractor or any representative of, or agent of the Contractor, entering this facility shall conform to the facility security regulations. Each person accessing the site will be required to provide personal details, (full name, DOB, SSN, DL#) and will undergo a routine background check, such as a National Agency Check with additional inquiries, which may include a criminal and credit check. Details required for the check should be submitted to the security office NLT 5 days prior to the visit. Results of this check may return earlier.

However, it should not be planned to have results earlier than 5 days. If, while on site the contractor/vendor will have access to sensitive information, they must complete a National Disclosure Agreement, along with the required training. This training will most likely be completed by reviewing a series of slides covering the topics of the definition of controlled unclassified information (CUI), access, handling, distribution, storage and destruction of CUI. Each person will acknowledge receiving and understanding the training on the NDA. The process should not exceed two hours. Acknowledgement and completion of the NDA will be turned in with the form required for the background check. Results will be returned through the Contracting Officer or Contracting Officer Representative.

1.17 Physical Security: The Contractor shall safeguard all USDA-ARS equipment, information and property provided for Contractor use. At the close of each work period, USDA-ARS facilities, equipment, and materials shall be secured.

PART 2

CONTRACTOR FURNISHED ITEMS AND SERVICES

2. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES

2.1 General: The Contractor shall furnish all equipment, materials, supplies, services and employee training required to achieve the quality performance standards of the work in this contract, unless otherwise specified herein.

PART 3

SPECIFIC TASKS

3. SPECIFIC TASKS: The Contractor shall be responsible for an annual inspection and service for a total of five (5) overhead cranes. Work shall be performed in such a matter to meet the performance requirements stated herein.

3.1 Inspection: Cranes shall be tested and inspected once annually, on a date that will ensure they do not come out of compliance, with OSHA requirements.

3.1.1 The contractor shall provide reports identifying all points of inspection. The report shall recommend actions to take to get any failed points of inspection back in compliance. A copy of the field inspection reports shall be provided the same day as the inspection. Any final reports shall be submitted NLT 14 days prior to payment request.

3.1.2 The government will provide either a Skyjack SJIII 3219 or Ballymore BMVL-30 lift for use by the contractor. The hoist locations require use of a lift for inspections. The contractor shall submit proof of training in writing to operate the lift NLT 30 days prior to inspection dates.

3.2 Service: Cranes including ropes where applicable shall be lubricated. Any loose fasteners on the cranes identified during their inspections shall be tightened. Actions completed during the service shall be included on the individual crane inspection forms.

3.3 Cleanup: All trash and debris generated during the performance of this contract will be cleaned up and disposed of by the contractor.

3.4 Contractor Responsibility: The Contractor shall be responsible for giving immediate notice to the

CO and/or COR of any condition that is discovered that may present a hazard to either the equipment or passengers. The Contractor shall be responsible for notifying the CO or COR in writing, of the existence or development of any defects in, or repairs required to, the cranes which they do not consider to be their responsibility under the terms of the contract. Repairs expected to exceed 32 hours shall be reported to the COR.

3.5 Contractor Negligence or Omission: The Contractor, at no additional cost to the Government, shall accomplish all repairs resulting from prior acts of negligence on his part, or the part of his employees and agents, or omission in performing maintenance or repairs required in this contract. Should the Contractor and the CO be unable to agree as to whether particular damage was caused by a negligent act or omission of the Contractor, such dispute shall be settled pursuant to FAR 52.212-4 Contract Terms and Conditions – Commercial items, Disputes.

3.6 Repairs Necessitated by Other than Fair Wear and Tear: The Contractor shall immediately notify the COR whenever they find evidence that repairs are required due to other than fair wear and tear.

This includes fire, theft, vandalism, negligent acts, misuse, or abuse by anyone other than the Contractor, his agents or employees. Should USDA-ARS deem a criminal investigation warranted due to the evidence, the Contractor shall provide any technical information needed by the law enforcement agency performing the investigation. The Contractor shall not be required by this contract to make renewals or repairs necessitated by proven negligence or misuse of the equipment by persons other than the Contractor, their representative and employees, or by reason of any other proven cause except for normal wear and tear, beyond the control of the Contractor. The CO reserves the right to make the final determination concerning the responsibility for such defects, corrections or repairs.

PART 4

DELIVERABLES SCHEDULE

Deliverable

PWS

Paragraph Frequency Submit To

Contractor Certificates 1.13.2 Within 30 of contract award CO & COR

Employee Roster 1.13.3.1 Prior to beginning work on this PWS /

Monthly Updates

CO & COR

Written Notification of Conflict with Environmental & Occupational Safety Laws, Rules and Regulations

1.15 Within 24 hours of occurrence CO & COR

Personnel Details 1.16 NLT 5 days prior to visit COR

Inspection Reports 3.1.1 Day of Inspection & NLT 14 days prior to payment request

COR

Lift Training Certificates 3.1.2 NLT 30 days prior to inspection date COR

PART 5

APPLICABLE PUBLICATIONS

5. APPLICABLE PUBLICATIONS (CURRENT EDITIONS): The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures. Any Contractor provided publications are to be procured and maintained at Contractor’s expense.

Number

Title

FAR 52.212-4 Contract Terms and Conditions for Commercial Items for Inspection / Acceptance

FAR Subpart 42.5 Post Award Orientation

DOD Directive 5500.7-R Joints Ethics Regulation

41 USC 423 Restrictions on Disclosing and Obtaining Contractor Bid or Proposal

FAR Subpart 9.5 Organizational and Consultant Conflicts of Interest

AR 530-1 Operations Security

AR 310-25 Dictionary of United States Army Terms

FAR 37.102 Service Contracting – General – Policy

FMR 107-71.20 (41 CFR 102-71.20) What Definitions Apply to GSA’s Real Property Policies

PART 6

TECHNICAL EXHIBIT LISTING

6. TECHNICAL EXHIBIT LIST – N/A