(PWS) Frozen Evidence Storage V1.pdf

PERFORMANCE WORK STATEMENT (PWS)

Frozen Storage

Part 1

General Information

The Department of Interior (DOI), United States Fish and Wildlife Service (USFWS), Office of Law Enforcement (OLE) Elizabeth, NJ, is in custody of a large quantity of frozen goods that are part of a criminal investigation. DOI/USFWS/OLE requires the logistics, manpower, transport and eventual destruction/disposal of these goods from their current secured, cold storage facility in Elizabeth, NJ to the awardee’s secure, cold storage facility for long-term storage.

1. GENERAL: This is a non-personnel services contract to provide logistical services and frozen storage.

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 any other items of non-personal services necessary to perform the movement and long term frozen storage capabilities as defined in this Performance Work Statement. The contractor shall perform all services to the standards identified.

1.2 Background: The current contract for frozen storage services is expiring 11/30/2020. The need for frozen storage is expected to last one or more years dependent upon the length of the prosecutorial phase of the case. The requirements identified in the PWS are for the services necessary to pick up, transport, store and destroy/dispose of the large quantities of frozen evidence currently being stored at a facility in Elizabeth, NJ.

1.3 Objectives: Contractor to provide the following:

• Transportation, logistics and man power to move frozen goods from current storage facility to awardee’s storage facility

• Sustained long term cold storage ( -18 degrees)

• Security of frozen goods

• Accountability of frozen goods

• Destruction / disposal of frozen goods

1.4 Scope: DOI/USFWS/OLE requires the man power, logistics and transportation to move nine, forty foot shipping containers worth of frozen goods weighing approximately 136,400 kilograms, from its current location in Elizabeth, NJ to the contractor’s (awardee’s) secure, frozen facility for long term storage. Authorized FWS Special Agents will be present at the time of loading/transport/unloading. The storage facility shall be located within a 15 mile radius from the New Jersey Elizabeth Seaport. All goods shall be maintained at a constant temperature of -18 degrees and have redundant refrigeration / power source(s) to ensure its frozen state. The storage facility needs to have standard physical security measures in place (such as exterior gated security, chain linked interior caging, access control, escort requirements) in order to prevent unauthorized access to goods. Upon request, the contractor will provide confirmation of temperature readings/logs and inventory count of stored goods in a format acceptable to DOI/FWS/OLE. Access to the frozen goods shall be controlled and provided to approved DOI/OLE/FWS staff in order to perform scheduled and unscheduled physical inspections. At the conclusion of the prosecutorial phase of the investigation, the destruction/disposal of the frozen good may be required.

Destruction/disposal will only take place at the direction of DOI/FWS/OLE. Authorized FWS Special Agents will be present at the time of loading/transport/destruction/disposal.

Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and two

(2) 12-month option years. The Period of Performance reads as follows:

Base Year 12/1/2020 - 11/30/2021 Option Year I 12/1/2021 - 11/30/2022 Option Year II 12/1/2022 - 11/30/2023

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.

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 Recognized Holidays: Contract management is not required to be available on recognized 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

1.6.4 Hours of Operation: The contractor is responsible for conducting business, between the hours of 0800 A.M -4:30 P.M. Monday thru Friday except Federal holidays or when the Government facilities are closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must at all times maintain services and 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 work to be performed under this contract will be performed at the contractor’s facility.

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

1.6.7 Security Requirements: NOT APPLICABLE

1.6.7.1 PHYSICAL Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided to the contractor.

1.6.7.2 Key Control. NOT APPLICABLE

1.6.7.3 Lock Combinations: The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Contractor’s Quality Control Plan.

1.6.8 Special Qualifications: NOT APPLICABLE

1.6.9 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, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues.

These meetings shall be at no additional cost to the government.

1.6.10 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.

1.6.11 Key Personnel: The follow personnel are considered key personnel by the government: Contract manager and alternate contract manager. 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 8:00 a.m. to 4:30p.m. Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons.

1.6.12 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. 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.

1.6.13 Contractor Travel NOT APPLICABLE

1.6.14 Other Direct Costs NOT APPLICABLE

1.6.15 Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.6.16 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.

1.6.17 PHASE IN /PHASE OUT PERIOD : NOT APPLICABLE

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 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-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. 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.

2.1.12. WORK WEEK. 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: NOT APPLICABLE

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.

4.2 Secret Facility Clearance NOT APPLICABLE

4.3. Materials: The Contractor shall provide materials as stated in the performance work statement.

4.4. Equipment: The Contractor shall provide equipment as stated in the performance work statement.

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services. The contractor shall provide services stated in the Performance Requirements Summary: TECHNICAL EXHIBIT 1

5.2. Task Heading.

Contractor shall refer to TECHNICAL EXHIBIT 1

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS) NOT APPLICABLE

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. Attachment/Technical Exhibit List:

7.1. Attachment 1/Technical Exhibit 1 – Performance Requirements Summary

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 transport frozen evidence from current storage location to contractor’s storage facility.

The contractor maintained evidence in a consistently frozen state and transported it from current storage location to contractor’s facility without loss, damage or degradation.

Zero deviation from standard

Direct observation;

random selection;

review of inventory records

PRS # 2

The contractor shall provide consistent frozen storage

The contractor maintained evidence in a consistently frozen state.

Zero deviation from standard

Direct observation;

review of temperature logs/records

PRS # 3

The contractor shall provide sufficient physical security to limit access to stored evidence

Evidence is maintained in a controlled area without damage or tampering

Zero deviation from standard

Direct observation;

random selection

PRS # 4

The contractor shall maintain accountability of stored evidence

Quantity of stored evidence is consistent with FWS inventory records

Zero deviation from standard

Direct observation;

random sample or 100% inspection

PRS # 5

The contractor shall provide disposal or destruction of evidence at the direction of FWS representative Amy Snyder

The contractor will provide evidence disposal/ destruction only upon request of Amy Snyder.

Zero deviation from standard

Direct observation;

eye witness