PWS RTS Gravel BLANKET PURCHASE AGREEMENT.pdf

Ver. October 2022

PERFORMANCE WORK STATEMENT (PWS)

FOR

GRAVEL DELIVERY

1.0 General:

1.1 Scope: The contractor shall provide all personnel, equipment, tools, materials, supervision, and quality control necessary, except as specified in Paragraph 3.0 as Government Furnished, to perform Gravel Delivery Services, as defined in this PWS.

1.2 Background: Provide timely delivery of gravel/crushed stone to the 188th Wing, CES/RTS, and Regional Training Site Fire Pit, Fort Smith AR.

1.3 Period of Performance (PoP): The Period of Performance shall be 1 Base Year of 12 months and four (4) 12-month option years.

1.4 General Information:

1.4.1 Place and Performance of Services: The contractor shall provide services between the hours of 0630-1630 on Monday through Thursday, except on recognized US holidays. The contractor shall at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the work force are essential. The required distance should be no greater than 30 minutes from the 188th Wing and within the Fort Smith Metropolitan Statistical Area.

1.4.1.1 Telework: Reserved

1.4.1.2 Unscheduled gate closures by the Security Police may occur at any time causing all personnel entering or exiting a closed installation to experience a delay. This cannot be predicted or prevented. Contractors are not compensated for unexpected closures or delays. Vehicles operated by contractor personnel are subject to search pursuant to applicable regulations. Any moving violation of any applicable motor vehicle regulation may result in the termination of the contractor employee’s installation driving privileges.

1.4.1.3 The contractor’s employees shall become familiar with and obey the regulations of the installation; including fire, traffic, safety and security regulations while on the installation. Contractor employees should only enter restricted areas when required to do so and only upon prior approval. All contractor employees shall carry proper identification with them at all times, and shall be subject to such checks as may be deemed necessary. The contractor shall ensure compliance with all regulations and orders of the installation, which may affect performance. The Government reserves the right to direct the removal of an employee from Government property or revoke access to Government systems for misconduct, security reasons, or any overt evidence of communicable disease. Removal of contractor employees for reasons stated above does not relieve the Contractor from responsibility for total performance of this contract.

1.4.2 Recognized Holidays: The following are recognized United States (US) holidays.

The contractor shall not perform services on these days:

1.4.2.1 New Year’s Day: January 1st

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 National Independence Day: June 19th

1.4.2.6 Independence Day: July 4th

1.4.2.7 Labor Day

1.4.2.8 Columbus Day

1.4.2.9 Veteran’s Day: November 11th

1.4.2.10 Thanksgiving Day

1.4.2.11 Christmas Day: December 25th

1.4.3 Quality Control (QC): Reserved

1.4.4 Quality Assurance (QA): The Government will 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 will 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) or defect rate(s).

1.4.5 Access and General Protection/Security Policy and Procedures. The contractor shall comply with all applicable installation/facility access and local security policies and procedures, which may be obtained from the Contracting Officer’s Representative (COR). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by the local installation’s Security Forces, Director of Emergency Services or local Security Office. The contractor shall ensure compliance with all personal identity verification requirements as directed by DoD, Headquarters Air Force (HAF) and/or local policy. Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes.

1. The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.

2. The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver s license, current vehicle registration, valid vehicle insurance certificate, and [insert any additional requirements to comply with local security procedures] to obtain a vehicle pass.

3. During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

4. Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

5. Failure to comply with these requirements may result in withholding of final payment.

1.4.5. Communications Security/Information Technology (COMSEC/IT) Security. All communications with DoD organizations are subject to COMSEC review. All telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. DoD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DoD organizations. Therefore, the contractor is advised that any time contractor personnel place or receive a call they are subject to COMSEC procedures. The contractor shall ensure wide and frequent dissemination of the above information to all employees dealing with DoD information. The contractor shall abide by all Government regulations concerning the authorized use of the Government's computer network, including the restriction against using the network to recruit Government personnel or advertise job openings.

1.4.6 Protection of Sensitive Personally Identifiable Information (SPII) and Personally Identifiable Information (PII). The contractor shall protect all SPII/PII encountered in the performance of services in accordance with Controlled Unclassified Information Standards per as authorized by National Authorities 18 USC 3486(e),18 USC 4247(e), 38 USC 5705, 38 USC 7332(a), 42 USC 242m(d), 42 USC 1320d-2(d)(2) and note(b), (Public Law 104-191 Section 264), 42 USC 15044(c), 42 USC 290dd-2(a), 29 CFR 1630.16(c)(3), 42 CFR 2.1(a), 42 CFR 2.2(a), 42 CFR 2.12(a), 42 CFR 2.13(c), 42 CFR 2.16(a), 42 CFR 2.21(b), 45 CFR 164.306(a), 45 CFR 164.502(a), and 45 CFR 164.508(a) and Defense Federal Acquisition Regulation Supplement (DFARS) 224.103 Personally Identifiable Information and Department of Defense Directive (DoDD) 5400.11, Department of Defense Privacy Program, and DoD 5400.11-R. Information will also be protected under the Privacy Act of 1974 as amended by 5 U.S.C. § 552a, and not released to any party except those identified in the contract without proper documentation even in reference to the Freedom of Information Act, 5 U.S.C. § 552, without alerting both parties through official request. If a SPII/PII breach results from the contractor’s violation of the aforementioned policies, the contractor shall bear all notification costs, call-center support costs, and credit monitoring service costs for all individuals whose SPII/PII has been compromised.

1.4.7 Requirement for OPSEC Training. In accordance with AFI 10-701, Operations Security, OPSEC PMs/Signature Managers/Coordinators will provide OPSEC training or training materials to contract employees within 30 days of employees’ initial assignment to the contract and prior to having access to any critical information (CI) and annually thereafter. General organizational orientations may need to be supplemented by duty-related orientations in the work center targeted toward specific critical information and vulnerabilities associated with the work. Initial training (OPSE 1301 - OPSEC Fundamentals) is located on the ADLS website and refresher OPSEC training is conducted annually (at Commander's Call). The contractor shall submit certificates of completion for each contractor employee to the COR within 15 calendar days after completion of training.

1.4.8 Physical Security. The contractor shall safeguard all Government property provided for contractor use. At the close of each work period, Government facilities, equipment and materials shall be secured.

1.4.8.1 Key Control NOTE: RESERVED

1.4.9 Special Qualifications: The contractor shall ensure all employees possess all required licenses used in the performance of this contract. This does not include education or other qualifications for the position in which the contractor employee is performing, dress codes, or other information. (NOTE: The Government does not provide training to contractors. Contractors must ensure that any personnel performing under a contract are fully trained, licensed, certified, and otherwise qualified to provide services.)

1.4.10 Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the KO in accordance with FAR 42.5.

The KO, COR and other Government personnel, as appropriate, may meet periodically with the contractor to review the contactor’s performance. At these meetings, the KO will apprise the contractor of how the Government views the contractor’s performance and the contractor shall apprise the Government of problems, if any, being experienced.

The contractor shall resolve outstanding issues raised by the Government. Contractor attendance at these meetings shall be at no additional cost to the Government.

1.4.11 Contract Manager (CM): The contactor shall designate 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. The CM shall work through the COR to resolve issues, receive technical instructions, and ensure adequate performance of services. The CM shall ensure that contractor employees do not perform any services outside the scope of the contract without an official modification issued by the KO. The CM shall ensure contractor employees understand that services performed outside the scope of the contract are performed wholly at the expense of the contractor.

1.4.11.1 The contractor shall retrieve all identification media (including vehicle passes) from its employees who depart employment for any reason. The contractor shall return all identification media (i.e., badges and vehicles passes) to the KO within 14 days of an employee’s departure.

2.0 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 Defective Service: A service output that does not meet the standard of performance associated with the PWS.

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

2.1.4 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 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.

2.1.5 Physical Security: Actions that prevent the loss or damage of Government property.

2.1.6 Quality Assurance: The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.7 Quality Assurance Surveillance Plan (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.8 Quality Control: All necessary measures taken by the Contractor to ensure that the quality of an end product or service shall meet contract requirements.

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

2.2 Acronyms:

AEI Army Enterprise Infostructure AR Army Regulation AT/OPSEC Antiterrorism/Operational Security BI Background Investigation CM Contract Manager COR Contracting Officer Representative DA Department of the Army DD254 Department of Defense Contract Security Classification Specification DFARS Defense Federal Acquisition Regulation Supplement DoD Department of Defense DSCA Defense Counterintelligence and Security Agency FAR Federal Acquisition Regulation GFP/M/E/S Government Furnished Property/Material/Equipment/Services HQDA Headquarters, Department of the Army HSPD Homeland Security Presidential Directive IA Information Assurance IS Information System(s) KO Contracting Officer NGB National Guard Bureau OCI Organizational Conflict of Interest PII Personally Identifiable Information PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program SCR Service Contract Reporting SPII Sensitive Personally Identifiable Information SSN Social Security Number TE Technical Exhibit USD(I) Under Secretary of Defense for Intelligence

3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S):

The Government will provide the property, material, equipment, and/or services listed below solely for the purpose of performance under this contract: none

4.0 Contractor Furnished Property, Materials, and 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.

5.0 Requirements: The contractor shall:

5.1 Deliver the requested weight of crushed stone or gravel to the designated location within the time frame agreed upon.

5.1.1 Submit a detailed invoice, within 14 calendar days, for payment to the Base Contracting Office, 188.wg.contracting.org@us.af.mil , robin.swaim-cherry@us.af.mil

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

Publication (Chapter/Page)

Date of Publication

Mandatory or Advisory

Website

Federal Acquisition Regulation https://www.acquisition.gov/?q=browsefar

Defense Federal Acquisition Regulation Supplement http://www.acq.osd.mil/dpap/dars/dfarspgi/current/in dex.html or https://www.acquisition.gov/dfars

Joint Travel Regulation (JTR) https://www.defensetravel.dod.mil/site/travelreg.cfm

DoDM 1000.13-M-V1 DoD Identification (ID) Cards (Enclosure 2, paragraph 3.b)

01/23/2014 (Change 1:

07/28/2020) http://www.esd.whs.mil/Directives/issuances/dodm

Federal Information Processing Standards (FIPS) Publication 201-2 Personal Identity Verification (PIV) of Federal Employees and Contractors

(paragraph 9)

August 2013 http://nvlpubs.nist.gov/nistpubs/FIPS/NIST.FIPS.201 -2.pdf

DoDM 5200.2 Procedures for the DoD Personnel Security Program

(PSP)

04/03/2017 https://www.esd.whs.mil/Directives/issuances/dodm/

DoDI 5200.46 DoD Investigative and Adjudicative Guidance for Issuing the Common

Access Card (CAC)

09/09/14 (Change 1:

05/04/2018) https://www.esd.whs.mil/Directives/issuances/dodi/

Homeland Security Presidential Directive (HSPD)-12

Policy for a Common Identification Standard for Federal Employees and

Contractors

08/27/2004 https://www.dhs.gov/homeland-security-presidential-directive-12

DoDI 5400.11 Department of Defense Privacy and

Civil Liberties Programs

01/29/2019 https://www.esd.whs.mil/Directives/issuances/dodi/

DoD 5400.11-R Department of Defense Privacy

Program

05/14/2007 https://www.esd.whs.mil/Directives/issuances/dodm/

DoDD 8140.01 Cyberspace Workforce Management

10/05/2020 https://www.esd.whs.mil/Directives/issuances/dodd/

DoD 8570.01-M Information Assurance Workforce

12/19/2005 (Change 4:

https://www.esd.whs.mil/Directives/issuances/dodm/ mailto:188.wg.contracting.org@us.af.mil mailto:robin.swaim-cherry@us.af.mil https://www.acquisition.gov/?q=browsefar http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html https://www.acquisition.gov/dfars http://www.esd.whs.mil/Directives/issuances/dodm http://nvlpubs.nist.gov/nistpubs/FIPS/NIST.FIPS.201-2.pdf http://nvlpubs.nist.gov/nistpubs/FIPS/NIST.FIPS.201-2.pdf https://www.esd.whs.mil/Directives/issuances/dodm/ https://www.esd.whs.mil/Directives/issuances/dodi/ https://www.dhs.gov/homeland-security-presidential-directive-12 https://www.dhs.gov/homeland-security-presidential-directive-12 https://www.esd.whs.mil/Directives/issuances/dodi/ https://www.esd.whs.mil/Directives/issuances/dodd/

Improvement Program 11/10/2015)

DoD 5220.22-M National Industrial Security Program

Operating Manual (NISPOM)

02/28/2006 (Change 2:

05/18/2016)

AFI 10-245

Antiterrorism

03/28/2013 (Certified current

03/30/2017) https://www.e-publishing.af.mil/Product- Index/#/?view=pubs&orgID=10141&catID=1&series

=-1&modID=449&tabID=131

AFI 31-101

Security Forces Standards and

Procedures

08/18/2020 https://www.e-publishing.af.mil/Product- Index/#/?view=pubs&orgID=10141&catID=1&series

=-1&modID=449&tabID=131

AFMAN 31-113

Security Forces Standards and

Procedures

03/05/2013 Change 1:

12/02/2015 https://www.e-publishing.af.mil/Product- Index/#/?view=pubs&orgID=10141&catID=1&series

=-1&modID=449&tabID=131

AFPD 17-1

Information Dominance Governance and Management

04/12/2016 https://www.e-publishing.af.mil/Product- Index/#/?view=pubs&orgID=10141&catID=1&series

=-1&modID=449&tabID=131

AFMAN 17-1301

Computer Security (COMPUSEC)

02/12/2020 https://www.e-publishing.af.mil/Product- Index/#/?view=pubs&orgID=10141&catID=1&series

=-1&modID=449&tabID=131

AFI 10-701

Operations Security

7/24/2019 (Change 1:

06/09/2020) https://www.e-publishing.af.mil/Product- Index/#/?view=pubs&orgID=10141&catID=1&series

=-1&modID=449&tabID=131

DOD Instruction 5200.48 Controlled Unclassified Information (CUI)

3/6/2020 https://www.esd.whs.mil/Portals/54/Documents/DD/i ssuances/dodi/520048p.PDF

18 USC 3486(e) https://www.govinfo.gov/content/pkg/USCODE- 2017-title18/pdf/USCODE-2017-title18-partII-chap223-sec3486.pdf

18 USC 4247(e) https://www.govinfo.gov/content/pkg/USCODE- 2017-title18/pdf/USCODE-2017-title18-partIII-chap313-sec4247.pdf

38 USC 5705 https://www.govinfo.gov/content/pkg/USCODE- 2017-title38/pdf/USCODE-2017-title38-partIV-chap57-subchapI-sec5705.pdf

38 USC 7332(a) https://www.govinfo.gov/content/pkg/USCODE- 2017-title38/pdf/USCODE-2017-title38-partV-chap73-subchapIII-sec7332.pdf

42 USC 242m(d) https://www.govinfo.gov/content/pkg/USCODE- 2017-title42/pdf/USCODE-2017-title42-chap6A-subchapII-partA-sec242m.pdf

42 USC 1320d-2(d)(2) and note(b)(Public Law 104-191 Section

264) https://www.govinfo.gov/content/pkg/USCODE- 2017-title42/pdf/USCODE-2017-title42-chap7-subchapXI-partC-sec1320d-2.pdf

42 USC 15044(c) https://www.govinfo.gov/content/pkg/USCODE- 2017-title42/pdf/USCODE-2017-title42-chap144-subchapI-partC-sec15044.pdf

42 USC 290dd-2(a) https://www.govinfo.gov/content/pkg/USCODE- 2017-title42/pdf/USCODE-2017-title42-chap6A-subchapIII-A-partD-sec290dd-2.pdf

29 CFR 1630.16(c)(3) https://www.govinfo.gov/content/pkg/CFR-2018-title29-vol4/pdf/CFR-2018-title29-vol4-sec1630-

16.pdf

42 CFR 2.1(a) https://www.govinfo.gov/content/pkg/CFR-2016-title42-vol1/pdf/CFR-2016-title42-vol1-sec2-1.pdf

42 CFR 2.2(a) https://www.govinfo.gov/content/pkg/CFR-2016-title42-vol1/pdf/CFR-2016-title42-vol1-sec2-2.pdf

42 CFR 2.12(a) https://www.govinfo.gov/content/pkg/CFR-2018-title42-vol1/pdf/CFR-2018-title42-vol1-sec2-12.pdf

42 CFR 2.13(c) https://www.govinfo.gov/content/pkg/CFR-2018-title42-vol1/pdf/CFR-2018-title42-vol1-sec2-13.pdf

42 CFR 2.16(a) https://www.govinfo.gov/content/pkg/CFR-2018-title42-vol1/pdf/CFR-2018-title42-vol1-sec2-16.pdf

42 CFR 2.21(b) https://www.govinfo.gov/content/pkg/CFR-2018-title42-vol1/pdf/CFR-2018-title42-vol1-sec2-21.pdf

45 CFR 164.306(a) https://www.govinfo.gov/content/pkg/CFR-2018-title45-vol1/pdf/CFR-2018-title45-vol1-sec164-

306.pdf

45 CFR 164.502(a) https://www.govinfo.gov/content/pkg/CFR-2018-title45-vol1/pdf/CFR-2018-title45-vol1-sec164-

502.pdf

45 CFR 164.508(a) https://www.govinfo.gov/content/pkg/CFR-2018-title45-vol1/pdf/CFR-2018-title45-vol1-sec164-

508.pdf

Privacy Act of 1974, 5 U.S.C. § 552a 10/4/2022 https://www.govinfo.gov/content/pkg/USCODE- 2018-title5/pdf/USCODE-2018-title5-partI-chap5-subchapII-sec552a.pdf

The Freedom of Information Act, 5 U.S.C. § 552

6/30/2016 https://www.congress.gov/114/plaws/publ185/PLAW -114publ185.pdf

6.1 Applicable Forms: Forms applicable to the PWS are listed below:

Form Date Website

DD 1172-2

Application for Identification

Card/DEERS Enrollment

Mar 2017 http://www.dtic.mil/whs/directives/forms/index.htm

I-9 Employment Eligibility Verification

10/21/2019 https://www.uscis.gov/sites/default/files/files/form/i-9.pdf

DD 441

Department of Defense Security

Agreement

Feb 2020 http://www.dtic.mil/whs/directives/forms/dd/ddforms0001- 0499.htm

DD 250

Material Inspection and Receiving

Report

Aug 2000 https://www.esd.whs.mil/Directives/forms/dd0001_0499/ http://www.dtic.mil/whs/directives/forms/forminfo/forminfopage2479.html http://www.dtic.mil/whs/directives/forms/forminfo/forminfopage2479.html http://www.dtic.mil/whs/directives/forms/index.htm https://www.uscis.gov/sites/default/files/files/form/i-9.pdf http://www.dtic.mil/whs/directives/forms/dd/ddforms0001-0499.htm http://www.dtic.mil/whs/directives/forms/dd/ddforms0001-0499.htm https://www.esd.whs.mil/Directives/forms/dd0001_0499/

TECHNICAL EXHIBIT 1

Performance Requirements Summary (PRS)

This PRS includes performance objectives the Government will use to determine contractor performance and will compare contractor performance to the Acceptable Quality Level (AQL).

Performance Objective

Performance Standard Acceptable

Quality Levels (AQL)

Surveillance Method/By

Whom

5.1

The contractor will deliver the requested weight of crushed stone or gravel to the designated location.

100%

188 RTS CADRE

receiving delivery

5.11

The contractor will submit a detailed invoice monthly for requesting payment to the 188 MDG Purchasing Agent within 14 business days

100% Random inspection/COR

TECHNICAL EXHIBIT 2

Deliverables Schedule

PWS Reference / Deliverable

Title Frequency

Number of Copies

Medium Format

Submit To

1.4.3Quality Control Plan

(QC)

Provide a final QCP NLT 10 days after the contract award

Electronic Submission

COR

1.4.7 OPSEC

Training

Certificates

Provide within 15 calendar days after employee completes training

Electronic

Submission

COR