PWS Equipment Rental.pdf

PERFORMANCE WORK STATEMENT (PWS)

USACE Sault Ste. Marie Project Office Operations & Maintenance Equipment Rental

April 2022

Part 1

General Information

1 GENERAL: This is a non-personal services contract to provide various construction-related equipment and scaffolding systems. 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 the equipment rental and scaffold system as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2 Background: The United States Army Corps of Engineers (USACE) Detroit District (LRE) requires contractor furnished rental equipment within the Sault Ste Marie Project Office (SPO) area of responsibility. Rental equipment will be used for various work projects and shall be operated by Govenm1ent employees.

1.3 Objectives: The contractor shall provide rental equipment as outline within this PWS within the SPO area responsibilities. The Contractor is responsible for providing rental equipment to the SAO that is maintained to the manufacturer's standards, in good working order, and free of fluid leaks. Any and all maintenance requirements are the responsibility of the contractor.

1.3.1 The SPO is a facility over 600 acres in size with navigation locks, hydroelectric power plants, piers, channels, dikes, dam, buildings, structures, similar civil works features, equipment and plant, personnel, and parks and visitor center open to the public.

1.4 Scope: The Contractor shall provide fully functional equipment as outlined within this PWS to provide continuous, responsive, uninterrupted, and well maintained rental equipment within the framework of this PWS. The Contractor shall configure its resources such that there are no gaps in rental requirements. For the duration of the contract, the potential exists for additional equipment requirements that are not identified, but within the same equipment classes than the Government's current projections. The Contractor shall have the option for the execution of additional rental equipment requirements al the direction of the Government.

All equipment shall meet all OSHA safety and EM 385-1-1 requirements to include all required annual inspections be complete before delivery dates. Cranes shall not require annual inspection during the period that it remains onsite under rental. All safety lock-outs and devices shall be functioning as intended by the manufacturer and come complete with all necessary documentation, operation manuals and certifications where applicable.

Supplemental information will be provided at the delivery order level pertaining to the requirements of each individual delivery order.

Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and four (4) 12-month option years. Due to the nature of construction and staging, the required rental periods may vary slightly. Rental costs will be based on a prorated basis should equipment be returned earlier than stated rental period. The contractor shall provide a weekly rate which will be credited to the government for each full week following the government’s notification that equipment is no longer necessary. For delivery orders less than 1 month (4 weeks), contractor shall prorate the partial week at the weekly rate. Formulas for calculating prorated amounts are shown below:

Monthly Prorate = �𝑀𝑀𝑀𝑀𝑀𝑀𝑀𝑀ℎ𝑙𝑙𝑙𝑙 𝑅𝑅𝑅𝑅𝑀𝑀𝑅𝑅

20 𝐷𝐷𝑅𝑅𝑙𝑙𝐷𝐷

� x (𝑁𝑁𝑁𝑁𝑁𝑁𝑁𝑁𝑁𝑁𝑁𝑁 𝑜𝑜𝑜𝑜 𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷)

Weekly Prorate = �𝑊𝑊𝑅𝑅𝑅𝑅𝑊𝑊𝑙𝑙𝑙𝑙 𝑅𝑅𝑅𝑅𝑀𝑀𝑅𝑅

5 𝐷𝐷𝑅𝑅𝑙𝑙𝐷𝐷

� x (𝑁𝑁𝑁𝑁𝑁𝑁𝑁𝑁𝑁𝑁𝑁𝑁 𝑜𝑜𝑜𝑜 𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷)

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. A written quality control plan is to be provided to the government for review 14 days after award in accordance with deliverable Appendix A.

1.6.2 Quality Assurance: The government shall 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 must do to ensure the Contractor has performed in accordance with the performance standards. It defines how the performance standard will be applied, the frequency surveillance, and the minimum acceptable defect rate(s).

1.6.3 Recognized Holidays: The recognized federal holidays are noted at 5 U.S. Code § 6103 - Holidays, and the Contractor shall not perform services on these days.

1.6.4 Hours of Operation: The contractor is responsible for conducting business, between the hours of 0800-1500 Monday thru Friday except Federal holidays or when the Government 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 Government 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.

1.6.5 Place of Performance: The requirements under this contract will be performed for the Sault Ste Marie Project Office in Sault Ste Marie, MI.

1.6.6 Type of Contract: The government will award a Fixed-Firm Priced Contract

1.6.7 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 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.

1.6.8 Security Requirements: All Contractor and all associated sub-contractor’s employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The Contractor shall also provide all information required for background checks to meet installation/facility 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 installation or facility change, the Government may require changes in Contractor security matters or processes.

1.6.8.1 The Contractor shall prevent the unauthorized release of sensitive and/or classified information in accordance with communications security (COMSEC) and operations security (OPSEC), and information system security (INFOSYEC) by all employees. The contractor shall develop and submit for Government approval an information protection plan incorporating COMSEC, OPSEC, and INFOSYEC protection measures per CDRL A003.

1.6.8.2 The Contractor shall not release to anyone outside the Contractor’s organization any unclassified information, regardless of medium (e.g. film, tape, document, etc.), pertaining to any part of this contract or any program related to this contract, unless the Contracting Officer (KO) provides prior written approval or if the information is otherwise in the public domain before the date of release.

Request for approval shall identify the specific information to be released, the medium to be used, and the proposed date for the release. The Contractor agrees to include a similar requirement in each subcontract under this contract. Subcontractors shall submit requests for authorization to release through the prime Contractor to the KO.

1.6.8.3 Contractor and all associated sub-contractor’s 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/AR190-13), applicable installation, facility, and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

1.6.8.4 The Contractor must pre-screen candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible candidates must be provided to the COR no later than 3 business days after the initial contract award. *When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

1.6.9 Reserved

1.6.10 Reserved

1.6.11 Reserved

1.6.12 Contracting Officer Representative (COR): The (COR) will be identified by separate letter. 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.

1.6.13 Key Personnel: The following personnel are considered key personnel by the government: The contractor shall provide a contract manager who shall be responsible for the performance of the work. 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 contracting officer. 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 between 0700 and 1500 EST, Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons.

1.6.14 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 (FAR) Subpart 42.5. The KO, COR and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor’s performance. At these meetings, the KO will apprise the contractor of how the Government views the contractor’s performance and the contractor will apprise the Government of problems, if any, being experienced. The contractor will also notify the KO, in writing, of any work being performed that the contractor considers over and above the requirements of the contract. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

http://www.uscis.gov/e-verify

1.6.15 Reserved

1.6.16 Reserved

1.6.17 Reserved

PART 2

DEFINITIONS & ACRONYMS

2 DEFINITIONS AND ACRONYMS:

2.1 DEFINITIONS:

2.1.1 CONTRACTOR. A supplier or vendor having 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 only individual who can legally bind the government.

2.1.3 CONTRACTING OFFICER'S REPRESENTATIVE (COR). 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-physical things such as meeting minutes.

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

2.1.13 WORK WEEK. Is defined as Monday through Friday, unless specified otherwise.

2.2 ACRONYMS:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial Off the Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center

DOD Department of Defense FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO 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

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3 GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1 Services: The Government may aid with the loading and unloading of equipment and scaffold system at the designated job site and will state aid intent with individual scopes of work.

3.2 Facilities: The Government will provide a secure location for the equipment and scaffold system to be delivered and stored.

3.3 Reserved

3.4 Equipment: The Government will provide qualified operators for each piece of equipment while it is under contract to the

Government. Basic operator instructions may be required for specialized equipment as identified in individual delivery orders.

3.5 Reserved

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4 CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES

4.1 General: The Contractor shall furnish all supplies, equipment, facilities, and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.1.1 Licenses/Certifications. The Contractor shall obtain any and all Federal/state/local licenses/certifications required for the purpose of fulfilling the requirements of this contract.

4.1.2 The Government shall not be responsible, in any way, for damage to the Contractor's supplies, materials, equipment, or employees;

personal belongings brought into the building or onto the grounds damaged due to fire, theft, accident, or other disasters.

4.2 Consumables: The contractor shall be responsible for procuring and supplying generally available consumables including, but not limited to the following: appropriate grease, oil, and lubricants. The contractor will provide equipment fully fueled. The government will not provide fuel for equipment prior to it being returned.

4.3 Materials: The Contractor shall furnish materials, supplies, and equipment necessary to meet the requirements under this PWS.

4.4 Equipment: The Contractor shall furnish equipment to meet the requirements under this PWS.

4.4.1 Equipment is to arrive fully fueled. The Government will not provide fuel for each piece of equipment before it is returned.

4.4.2 The contractor shall be responsible for procuring and supplying generally available consumables including, but not limited to the following: appropriate grease, oil, and lubricants.

4.4.3 The Contractor shall proactively maintain and replace all equipment to provide for the un-interrupted rental of equipment.

Knowingly providing or allowing the use of non-functioning or unserviceable equipment may present a grave risk to all personnel in the work area. The COR has the authority to identify the equipment as unserviceable.

4.4.4 The Contractor shall provide all resources required to setup and tear down any individual piece of equipment that is requested by the government. This shall be included in the price associated for that piece of equipment and shall not be separately invoiced.

PART 5

SPECIFIC TASKS

5 SPECIFIC TASKS:

5.1 Basic Services: The Contractor should provide services for construction equipment rental and scaffold system.

5.2 Construction Equipment Specifications:

5.2.1 This equipment will be used to support work in and around a lock and dam structure and may be used in a lock that has been dewatered. The equipment shall be equipped with engineering lifting points capable of supporting the fully assembled and fueled unit with a crane. The equipment shall be capable of operating on concrete or grass surfaces in winter conditions, including extreme cold, ice, and snow. All combustion engine powered equipment shall be equipped with a cold starting package, including engine block heater and battery warmer and shall be able to start and operate at temperatures as low as -20 degrees F.

5.2.2 The rental equipment type, salient characteristics, and specifications will be provided with each delivery order. Proposed equipment shall be consistent with identified salient features in the table and primarily includes reach capabilities, load capacities, physical weight, dimensions, pump operating capacity and pump flow capacity. Any equipment falling outside of these specifications must be approved as a variance of spec by the designated Government Technical Point of Contact.

5.2.3 Rental costs will be paid on a prorated basis, should the equipment be returned earlier than the stated rental period.

5.2.4 The rental period shall commence on the first full regular workday, Monday through Friday, excluding weekends and Federal

Holiday, following the day of delivery. Delivery orders placed during the final ordering period may require performance beyond expiration of final ordering period.

5.3 Scaffold Equipment System (Example Scope):

The contractor shall provide one tube and clamp scaffold structure approximately 60’ high and wide enough to allow safe and easy access to the bottom of lock floor. Scaffolding layout and anchoring shall be designed by a licensed professional engineer with sealed calculations provided by the Government.

Along with the proposal, the bidder shall submit the following information that will be used to determine contractor responsibility for award: 1. Listing of the following tasks and whether a subcontractor or the bidder’s own forces will perform the work. Identify subcontractor to be used for each task, including the city and state in which the main office is located.

a. Work Plan

b. Engineering and installation plan of scaffold/enclosure

c. Engineering of heating/ventilation system

d. Erection plan

5.4 Routine Maintenance and Emergency Repairs: Any routine equipment maintenance or any repairs required shall be furnished and installed by a qualified person supplied by the contractor. Daily equipment checks (supplied with equipment) will be completed by the Government Operator. Any deficiencies noted will be promptly reported to the contractor who will have six (6) hours from the time of notification to correct the deficiency to include nights, weekends, and federal holidays. If the nonoperational equipment cannot be repaired within 24 hours, the contractor shall be required to replace the equipment in kind within 36 hours of the initial notification. Emergency contact number shall be provided to the government representative for each delivery order.

5.5 Inspection, testing, and acceptance: All equipment shall arrive in fully functional condition, meet all OSHA safety and EM 385-1-1 requirements to include all required annual inspections be complete before equipment arrives onsite. Cranes shall not require annual inspection during the period that it remains onsite under rental. All safety lock-outs and devices shall be functioning as intended by the manufacturer and come complete with all necessary documentation and certifications where applicable. The contractor shall send necessary certificates of compliance to the COR prior to delivery. Once the equipment is delivered, USACE personnel shall inspect, test, and operate the equipment. Any safety or contract deficiencies found during the rental period shall be corrected within 2 hours after notification of the deficiencies. The equipment rented shall meet all requirements of applicable ASCE and ANSI standards, Scaffold Industry Association, Corps of Engineers EM 385-1-1, and local municipalities. The government technical representatives for this inspection and testing will be provided at time of award.

5.6 Delivery and Pickup: The transportation and delivery costs of all rental equipment and associated materials to and from the job site at 119 East Water St., Sault Ste. Marie, MI 49783 is the responsibility of the contractor throughout the term of the contract. The rental equipment shall be onsite on or before the date stated in the delivery schedule. Delivery shall be coordinated with a designated Government representative and shall be scheduled to arrive at the job site Monday through Friday between 0700 and 1500 EST, excluding Federal holidays. Coordination with the Government representative for a firm delivery time shall be made at least four (4) hours prior to delivery. Alternative delivery times must be approved on a case-by-case basis by the designated Government representative.

5.7 Equipment Setup and Teardown: The Contractor shall provide all resources required to setup and teardown any individual piece of equipment that is requested by the government. This shall be included in the fixed price associate for that piece of equipment and shall not be separately invoiced.

5.8 Work Plan: A work plan will be submitted 14 days after award for each delivery order that requires scaffolding equipment systems.

1. Project schedule: Include delivery of materials to the facility, construction of stair scaffolding erection of gate scaffolding, enclosure of scaffolding, installation of heating and ventilating system, and remainder of appurtenances.

Include the removal of all items. Schedule shall be on a calendar day basis and shall include the following milestones:

2. Logistics Plan: Include a drawing of the staging areas, crane positioning, and connection points to Government utilities. Provide heating and ventilation system information (system design basis, list of units with size, weight, output, and utility connection needs.) Identify load handling equipment (for both ground level and lock floor operations.) Identify the number of workers on each crew. Identify Government-provided equipment or resources needed.

3. Accident Prevention Plan (APP): Identify hazards associated with activities on site, how the hazards will be mitigated, who will be responsible, and the training of the persons involved. Minimum items to addressed include fall protection, load handling equipment, rigging, and scaffolding. The scaffold erector shall provide documentation of an ANSI Z359.2-compliant Comprehensive Managed Fall Protection Program with designation of authorized, competent, and qualified persons and program administrator. A project-specific fall protection plan including rescue plans shall be included in the APP.

PART 6

APPLICABLE PUBLICATIONS

6 APPLICABLE PUBLICATIONS

6.1 The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures. To include, but not limited to:

6.1.1 ASCE/SEI 7 – Minimum Design Loads for Buildings and Other Structures

6.1.2 EM 385-1-1 – USACE Safety and Health Requirements Manual

6.1.3 OSHA 1926 Subpart L – Scaffolds

1 TECHNICAL EXHIBIT 1

2 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

Standard

Performance Threshold

Method of Surveillance

PRS # 1.

Contractor shall supply all personnel, equipment, supplies, facilities, transportation, tools, materials, maintenance, and repairs associated with any equipment rented.

Compliance with performance work statement requirements.

No more than 5% deviation from the standard.

100% Inspection and quality assurance

PRS # 2

The contractor must ensure all personnel servicing equipment on site comply and meet all required security requirements prior to needing site access.

Compliance with Section 1.6.8

No deviation from the standard.

100% Inspection for Security Checks for Site Access

2.1 TECHNICAL

EXHIBIT 2

DELIVERABLES

SCHEDULE

Deliverable Frequency Required Submission Date

Medium/Format Submit To

Quality Control Plan

Once 14 days after award Electronic file by COR e-mail as a pdf attachment.

Key Personnel:

Designated primary and alternate contract manager

Base Contract & Each Delivery Order

14 days after award [Same as above.] Contracting Officer

Delivery Order Submittal: Work Plan

Each Delivery Order that requires Scaffolding System Equipment

14 days after award [Same as above.] COR

E-verify Candidate List

Once No later than 3 business days after award

[Same as above.] COR

2.2 ACRONYMS: