PWS_INDUSTRIAC S9X3000 Emergency Repair.pdf

PERFORMANCE WORK STATEMENT (PWS)

INDUSTRIAC S9X3000 X-RAY MACHINE NDT SERVICE

LETTERKENNY MUNITIONS CENTER (LEMC)

1.0 General: This is a requirement to have an INDUSTRIAC S9X3000 located at LEMC, Chambersburg PA, serviced (repaired) as described within this Performance Work Statement.

1.1 Scope: The contractor shall provide all personnel, equipment, tools, materials, supervision, quality control and other items and non-personal services necessary to perform repairs to an

INDUSTRIAC S9X3000 X-Ray machine as defined in this PWS, except as specified in

Paragraph 3.0 as Government Furnished. The contractor shall perform to the standards in this contract and may use subcontracting opportunities. All repairs will be documented and sent via e-mail to the Contract Officer’s Representative (COR) Monica Dean, 717-267-9577, monica.r.dean.civ@army.mil, or Jason Straley, 717-267-5241, jason.w.straley@army.mil, and to the Technical Point of Contact (TPOC), Tyler Crotsley, 717-267-5401, tyler.d.crotsley.civ@army.mil, within 24 hours of the action of a repair.

1.2 Background: Letterkenny Munitions Center (LEMC), on or around March 2010, purchased an INDUSTRIAC S9X3000 X-Ray Machine. This machine has exceeded the warranty period.

The machine is currently non-operational and is exhibiting evidence of mechanical malfunction or failure.

1.3 Period of Performance (PoP): The Period of Performance shall be until the unit is fully operational.

1.4 General Information:

1.4.1 Quality Control (QC): The contractor shall develop and maintain an effective QC 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 QC program is how it assures itself that its work complies with the requirements of the contract. As a minimum, the contractor shall develop QC procedures that address the areas identified in Technical Exhibit 1, Performance Requirements Summary which refers to the requirements listed in 5.3.

1.4.2 Quality Assurance (QA): The Government shall evaluate the contractor’s performance under this contract. TECHNICAL EXHIBIT 1 defines how the performance standards will be applied, the frequency of surveillance, and acceptable quality level(s) (defect rate(s)).

1.4.3 Recognized Holidays: The following are recognized US holidays. The contractor shall not perform services on these days:

1.4.3.1 New Year’s Day

1.4.3.2 Martin Luther King, Jr.’s Birthday

1.4.3.3 President’s Day

1.4.3.4 Memorial Day

mailto:monica.r.dean.civ@army.mil mailto:jason.w.straley@army.mil mailto:tyler.d.crotsley.civ@army.mil

1.4.3.5 Independence Day

1.4.3.6 Juneteenth Day

1.4.3.7 Labor Day

1.4.3.8 Columbus Day

1.4.3.9 Veteran’s Day

1.4.3.10 Thanksgiving Day

1.4.3.11 Christmas Day

1.4.4 Place and Performance of Services: The contractor shall provide services between the hours of 0730 and 1530 on Monday through Thursday, and even potentially Friday, except 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 shall be at building 5250 inside LEMC monitored by the COR or the TPOC. The contractor shall always 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 are essential. Also, while on site at LEMC, the contractor is responsible for the performance and conduct of his employees.

1.4.5 Security Requirements: Contractor personnel performing work under this contract are required to have a specific security level. The contractor personnel will be escorted and always monitored while at LEMC by the COR or TPOC.

1.4.6 Physical Security: The contractor shall safeguard all Government property that is being diagnosed or repaired. At the close of each work period, Government facilities, equipment and materials shall be secured.

1.4.7 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 KO. 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.

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, 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 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 if 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 and includes 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 a product or service shall meet contract requirements.

2.1.11 SUBCONTRACTOR. One that enters a contract with a prime contractor. The

Government does not have privities of contract with the subcontractor.

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

2.1.13 WORK WEEK. Monday through Friday, unless specified otherwise.

2.2 ACRONYMS:

AFARS Army Federal Acquisition Regulation Supplement

AR Army Regulation

CAAA Crane Army Ammunition Activity

CFR Code of Federal Regulations

CONUS Continental United States (excludes Alaska and Hawaii)

COR Contracting Officer 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

DOD Department of Defense

FAR Federal Acquisition Regulation

KO Contracting Officer

LEMC Letterkenny Munitions Center

NDT Non-Destructive Testing

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

TPOC Technical Point of Contact

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. While in this workspace the contractor will be escorted and monitored while completing the actions outlined in this PWS.

3.2 Utilities: The Government will provide the contractor with access to basic utilities, including electricity and lighting. The contractor shall instruct employees in utilities conservation practices.

3.3 Equipment: The Government will NOT provide any equipment, tools, or services to assist in the repairs or the replacement of parts during the repairs.

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

4.1 General: 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.

4.2 Contact: The contractor shall provide an e-mail address, name and telephone number for repair assistance and scheduling during regular business hours and for phone technical support and troubleshooting suggestions.

4.3 Tools/Equipment: The contractor shall provide all test equipment, tools, and other special equipment necessary to repair or install replacement parts on the INDUSTRIAC 9X3000. When parts are installed then re-calibration will be necessary according to the original equipment manufacturer.

5.0 Requirements:

5.1 Service Call: The contractor shall provide on-site technical support services within 5 calendar days of contract award for troubleshooting, diagnosing, and resolving equipment malfunctions.

Service includes travel costs, labor for inspection, and submission of a service report within 24 hours of completion. All service calls should be resolved on the same day to the maximum extent practicable.

5.2 Over and Above (O&A) Work:

5.2.1 General.

The Contractor shall be responsible for identifying to the Contracting Officer, work that is over and above the service call 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.

5.2.2 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.

5.2.3 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.

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).

PWS Paragraph

Task

Performance Standard

Acceptable

Quality

Levels

(AQL)

Surveillance Method / By

Whom

5.1 The contractor

shall perform service calls within the established timeframes.

The contractor shall perform the service call within the established timeframes 100% of the time.

100% compliance

100% inspection by the

TPOC

5.2 The contractor will

complete the over and above work.

The contractor will restore the unit to a 100% operational condition with zero defects.

100% compliance

100% inspection by the

TPOC

TECHNICAL EXHIBIT 2

Deliverables Schedule

Deliverable Frequency Number of

Copies

Medium

/Format

Submit To

5.1 Service Report Once 1 TPOCs

E-Mail tyler.d.crotsley.civ@army.mil monica.r.dean.civ@army.mil jason.w.straley.civ@army.mil

5.2 Work Request Prior to initiating over

and above work

1 KO

and

TPOCs

E-Mail tyler.d.crotsley.civ@army.mil monica.r.dean.civ@army.mil jason.w.straley.civ@army.mil thomas.c.hall111.civ@army.mil

5.2 Quote Upon request from the

Contracting Officer, or within 7 days of completed over and above work

1 TPOCs and KO

E-Mail tyler.d.crotsley.civ@army.mil monica.r.dean.civ@army.mil jason.w.straley.civ@army.mil thomas.c.hall111.civ@army.mil mailto:tyler.d.crotsley.civ@army.mil mailto:monica.r.dean.civ@army.mil mailto:tyler.d.crotsley.civ@army.mil mailto:monica.r.dean.civ@army.mil mailto:thomas.c.hall111.civ@army.mil mailto:tyler.d.crotsley.civ@army.mil mailto:monica.r.dean.civ@army.mil mailto:thomas.c.hall111.civ@army.mil