PWS Snow Removal for Mills 2021.docx

WY-WCF-Snow Removal for Mills Solicitation Number 140R6021Q0006

PERFORMANCE WORK STATEMENT

PROJECT TITLE: SNOW REMOVAL, Wyoming Area Office Complex, Mills, Wyoming

1. SECTION C-1 - GENERAL

1.1. BACKGROUND.

Reclamation anticipates award a purchase order for snow removal services at the Wyoming Area Office Complex, located in Mills, Wyoming.

The work required under the purchase order is to 1) remove snow from the main entrance and parking lot, warehouse parking lot and the area connecting the two parking lots, an eight foot wide path from west gate to the warehouse parking lot, and mobile maintenance and stack in a designated area. 2) Salt/sand or de-ice parking lot. 3) Remove snow from sidewalks and salt (or de-ice). The government is estimating 10 callouts per line item to complete the base year contract. The contractor must recognize that the timely and accurate performance of these services is a vital and mandatory requirement of the purchase order.

1.2. SCOPE OF WORK.

The contractor shall furnish all labor, materials, transportation, sand, de-icer, salt, equipment, and supervision to satisfactorily perform snow removal services as specified. The contractor shall perform in accordance with the standards as defined in Section C-5 of this Performance Work Statement (PWS).

1.2.1. ESTIMATED SQUARE FOOTAGE. The Government has estimated the number of square feet of parking lot and gravel areas and the contractor shall make no claim against the Government for any excess or deficiency therein. There is a total of approximately 103,600 square feet of parking lot and 6,365 sq ft of sidewalk. Below are the estimated square footages of the areas to be serviced:

Main Office & Warehouse

103,600 square feet parking lot and gravel areas

6,365 square feet of sidewalk

1.3. CONTRACTOR PERSONNEL.

1.3.1. CONTRACTOR’S ADMINSTRATION PERSONNEL. The contractor’s administration personnel shall have the authority to act for the contractor on all matters relating to daily operation of the resultant purchase order. The contractor’s representative shall be able to read, write, speak, and understand the English language.

1.3.2. EMPLOYEES. The contractor shall furnish qualified, experienced, drug-free, and safety-oriented personnel to perform the services under this purchase order. Employees shall promptly correct unsafe working conditions or report them to the Contracting Officer (CO), Quality Assurance Evaluator (QAE), or other proper authority. Employees shall report all accidents or injuries, no matter how minor they may seem.

Additionally, this requirement is subject to the applicable Department of Labor wage rates under the Service Contract Act of 1965. If Reclamation exercises any option periods, the CO will furnish updated wage determinations issued by the Wage and Hour Division at the beginning of each renewal option period. The contractor shall be responsible for paying employees under this contract the required minimum monetary wages and fringe benefits.

1.4. SAFETY AND HEALTH REQUIREMENT.

The contractor shall comply with the safety and health requirements of Reclamation Clause WBR 1452.223-81. The contractor shall develop and submit a comprehensive and site-specific safety plan to the Government for review within 10 calendar days after purchase order is awarded. At a minimum, the contractor’s safety plan shall address the following:

· Statement of Contractor Safety and Health Responsibilities – Acceptance that the contractor shall be responsible for the safety and health of their employees.

· Plan of Compliance with Regulations, Standards, and Codes – The contractor’s commitment and methods to comply with safety regulations, standards, and codes.

· Plan of Compliance for use of Sub-Contractors – The contractor’s commitment and methods to ensure that sub-contractors are working safely.

· Plan of Procedure for Safety Inspection of Equipment – The contractor’s method of inspecting equipment to ensure that the equipment does not pose a hazard to employees.

1.5. SECURITY OR ACCESS REQUIRMENT.

The contractor shall comply with the security requirements of GP-7 Clause. As such, at least 10 days after award the contractor shall submit a list of names of all contractor and subcontractor employees that will be working under the purchase order. Additionally, the contractor shall submit a list of all contractor vehicles and equipment that the contract will bring to the worksite. For each vehicle, the list shall include the year, make, model, color, license plate number, and state of issuance.

Reclamation may have onsite representation throughout the duration of the purchase order. As such, Reclamation has determined the Personal Identity Verification (PIV) is not applicable to this requirement.

1.6 CONTRACTOR QUALITY CONTROL.

1.6.1 QUALITY CONTROL PLAN. The contractor and not the Government are responsible for the management and quality control actions necessary to meet the quality standards set forth by the purchase order. As such, the contractor shall establish and maintain a Quality Control Plan (QCP) to ensure they achieve the requirements of the purchase order.

The contractor shall furnish one copy of the contractor’s QCP to the CO within 10 days after the purchase order is awarded. The QCP shall be a specific plan for the services required under the purchase order. At a minimum, the contractor’s QCP shall address the following items:

· Methods - The methods for identifying and preventing deficiencies in the quality and timeliness of services performed before the level of performance becomes unacceptable.

· Performance Inspections - An inspection system to cover all the services listed in the Performance Requirements Summary Table (PRST). The inspection system must specify if the contractor will inspect the task activities on a scheduled or unscheduled basis, how frequently the contractor will accomplish the inspections, and the title(s) of the individual(s) who will perform the inspections.

· Records - Written or electronic database records of all inspections conducted by the contractor and any necessary corrective actions taken. The records shall be made available to the CO, as requested, during the term of the purchase order.

1.6.1. GOVERNMENT REVIEW OF QCP. The contractor shall develop and submit the QCP for Government review and acceptance. The Government’s acceptance of the QCP does not relieve the contractor of their responsibility to perform services that conform to the purchase order requirements.

If the Government finds the contractor's plan to be adequate, the Government will accept the plan. The contractor then uses their QCP to guide and document the implementation of the required management and quality control actions to achieve the specified results.

If the Government finds the contractor's plan to be inadequate as submitted, the Government will identify the deficiencies to the contractor in writing. The contractor shall correct all identified deficiencies and submit a revised contractor QCP.

1.7. GOVERNMENT’S QUALITY ASSURANCE SURVEILLANCE PLAN.

Reclamation has developed a Quality Assurance Surveillance Plan (QASP) for the services required under this PWS, as required by FAR Subpart 37.6. The primary intent of this plan is to provide the Government’s Quality Assurance Evaluator (QAE) a basis for evaluating the quality of performance the contractor provides during the life of the purchase order. The QASP is not a part of the purchase order nor is it intended to duplicate the contractor’s QCP. The Government has provided an informational copy of the QASP under Appendix A of this PWS. The Government is providing this copy to support the contractor’s efforts in developing a QCP and is providing the contractor an opportunity to comment and propose innovative solutions for the Government’s QASP. The QASP is to be a living document that the Government should revise or modify, as circumstances warrant.

1.7.1 QUALITY ASSURANCE EVALUATOR (QAE). Prior to the commencement of onsite work, the CO will designate the QAE in writing to act as the authorized representative that assists in the technical administration of the purchase order. The CO will not authorize the QAE to make any contractual commitments, or to authorize any contractual changes on the Government’s behalf. If any doubt exists as to the extent of the authority of the QAE, the contractor shall contact the CO for guidance before taking action on the matter.

Reclamation QAE shall conduct unscheduled inspections of the work performed as part of this purchase order. Deficiencies with snow removal shall be documented by Reclamation’s QAE and a written report shall be submitted to the CO.

1.8. PERIOD OF PERFORMANCE.

The Government anticipates that the term of the contract shall take place from February 2021 thru December 31, 2021, plus four (4) 1-year option periods. Reclamation will exercise such option periods at the Government’s discretion.

1.8.1. NORMAL HOURS. Snow removal service on the parking lot will be required when it is anticipated that there will be accumulation of two or more inches. The Control Center at the Wyoming Area Office will call the Contractor whenever the snow removal service is required. The time that the Control Center will place the call will be coordinated with the Contractor. All snow is to be removed from the parking lot and piled up at a designated area. All snow is to be removed prior to 6:30 a.m. Monday through Sunday, however, the above hours may be flexible due to weather conditions and at the discretion of the CO or their designated QAE.

1.8.2. RECOGNIZED HOLIDAYS. The contractor is required to provide service on recognized Federal holidays established by Federal law (5 U.S.C. 6103). The contractor can find a schedule of the recognized holidays at the following: http://www.calendar-12.com/Federal_holidays/2021

1.8.3. SPECIAL EVENT(S)/EMERGENCIES. On occasion, the contractor may be required to provide additional or limited services as a result of an unforeseen circumstance or combination of circumstances. Section C-5 describes the contractor’s responsibilities for such services.

1.9. DOCUMENTATION AND RECORDS.

All documentation, records, and schedules as described in this PWS that are the responsibility of the contractor, are the property of the Government. The contractor shall turn over such documentation to the Government upon completion or termination of the purchase order. All records are subject to the Freedom of Information and Privacy Acts. As such, the Government will handle any requests for release of any records accordingly.

2. SECTION C-2 - DEFINITIONS

2.1.1. 100% INSPECTION. A method of surveillance the Government may use in the administration of the Government’s Quality Assurance Surveillance Plan. Under this level of monitoring, the Government will prepare documentation on all service outputs in a surveillance period (i.e. the Government will evaluate every task every time the contractor performs the task).

2.1.2 AS DIRECTED, AS REQUIRED, AS PERMITTED, APPROVAL, ACCEPTANCE. Terms that indicate that direction, requirement, permission, approval or acceptance by the Contracting Officer are intended unless stated otherwise.

2.1.3 SNOW REMOVAL PARKING LOT. Snow removal service on the parking lot will be required when it is anticipated that there will be accumulation of two or more inches. The Control Center at the Wyoming Area Office will call the Contractor whenever the snow removal service is required. The time that the Control Center will place the call will be coordinated with the Contractor. Snow removal services will include all of the following: Main entrance and parking lot, warehouse parking lot and the area connecting the two parking lots, and an eight-foot-wide path from the west gate to the warehouse parking lot. The area is approximately 103,600 sq. ft. of paved and gravel surface and 6,365 sq. ft. of sidewalk. All snow is to be removed from the parking lot and piled up at a designated area. All snow is to be removed prior to 6:30 a.m. Monday through Sunday. Snow removal procedures shall comply with the Reclamation Construction Safety Standards. All snow is to be removed to the maximum level without damaging the surface of the parking lot. Any damage to the parking lot, curbs, and lawn area during snow removal will be repaired at the Contractor’s expense. The snow should be removed by hand around the automatic gate prior to opening the gates or clearing the lot. This will prevent damage to the gate when there is a large accumulation of snow and it has drifted to the extent that it is above the bottom of the gate. Any damage to the gate due to improper snow removal will be repaired at the contractor’s expense.

2.1.4 DE-ICE, SALT, AND SAND. The parking lot and the main entrance must be de-iced or salted and sanded on the days that it snows throughout the day or when there is a large accumulation of ice on the parking lot. Road salt is not to be used to melt the snow or ice.

2.1.5 SNOW REMOVAL FROM SIDEWALKS. The sidewalks around the main building and warehouse should have the snow removed and ice melt shall be applied to areas to prevent slips.

2.1.6 CONTRACTING OFFICER (CO). A duly appointed person with the authority to enter into, administer or terminate contracts, and to make findings and determinations on behalf of the United States Government. This is the only individual authorized to change the purchase order or any of the requirements stated herein.

2.1.7 CONTRACTOR. The individual, partnership, company or corporation responsible for the duties and responsibilities under the purchase order. The term also covers requirements for any subcontractor. The contractor is ultimately responsible for ensuring that all subcontractors comply with the terms and conditions of the purchase order.

2.1.8 CUSTOMER FEEDBACK. A method of surveillance the Government may use in the administration of the Government’s Quality Assurance Surveillance Plan. Under this level of monitoring, the Government reviews firsthand information from the actual users of the service. The Government will use feedback to supplement other forms of evaluation and assessment.

2.1.9 DEFICIENCY. A shortcoming in the quality or state of services performed.

2.1.10 DEFECTIVE SERVICE. A unit of service which contains one or more defects, or non-conformance with specified requirements.

2.1.11 FREQUENCY OF SERVICE. The minimum intervals for each of the described tasks in Section C-5.

· A minimum of 8 call-outs are anticipated for the purpose of removing snow, applying ice melt or sand and salt. Each item shall be bid separately. The government may call-out one of the services or all three services at one time. For example, snow removal may be needed for the parking lot, but not the sidewalks.

2.1.12 INSPECTION. The critical examination of a facility, system or procedure to discover and remedy discrepancies and inefficiencies.

2.1.13 MAJOR DEFICINCY. Any service feature which would cause the contractor to be determined unacceptable.

2.1.14 PERFORMANCE REQUIREMENTS. Tasks to be performed by the contractor.

2.1.15 PERFORMANCE REQUIREMENTS SUMMARY TABLE (PRST). An outline of purchase order requirements that identifies the key service outputs that will be inspected or surveyed by the Government, and related performance standards and method(s) of performance assessment and surveillance.

2.1.16 PERFORMANCE STANDARD. The desired results, expressed by the Government, expected from performance of contract services, to satisfy the requirement.

2.1.17 PURCHASE ORDER DISCREPANCY REPORT. A formal letter produced by the CO upon receipt of a Quality Assurance Surveillance Checklist that documents defective services are being provided by the contractor. The letter will indicate if the Government will affect the price computation system in accordance with the Performance Requirements Summary Table and the Inspection of Services Clause in the purchase order.

2.1.18 QUALITY ASSURANCE. Those actions taken by the Government to assure services meet the requirements established in the Performance Work Statement (PWS).

2.1.19 QUALITY ASSURANCE EVALUATOR. A Government person designated by the CO, with authority to act within the scope of the delegated authority, including but not limited to, the surveillance and inspection of the contractor’s performance.

2.1.20 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized, written, “living” document outlining the Government’s methodology for monitoring contractor performance.

2.1.21 QUALITY CONTROL. Those actions taken by a contractor to ensure that contractor performance meets the requirements of the purchase order.

2.1.22 QUALITY CONTROL PLAN. An organized, written document outlining the contractor’s methodology for ensuring contractor performance.

2.1.23 RANDOM SAMPLING. A method of surveillance the Government may use in the administration of the Government’s Quality Assurance Surveillance Plan. Under this level of monitoring, the Government prepares documentation on a regular and continual basis to assess the contractor's ongoing performance.

3. SECTION C-3 - GOVERNMENT-FURNISHED REQUIREMENTS

3.1. GENERAL.

The Government shall provide, without cost, the facilities, equipment, materials, and information listed below. The contractor shall be liable for any loss or damage to Government property while in their possession and shall be responsible for any damage to Government buildings or equipment occurring as a result of performance of the purchase order. The contractor shall understand that in the performance of the purchase order, the contractor is an independent contractor, and not an agent or employee of the United States.

3.2. SITE VISIT.

The Government strongly urges offerors to inspect the site where offerors are to perform the required services, and to satisfy themselves regarding all general and local conditions that may affect the cost of performance. In no event shall failure to inspect the site constitute grounds for a claim after award.

Offerors interested in scheduling a site visit shall contact Tonya A. Browning 307- 261-5631.

3.3. GOVERNMENT-FURNISHED PROPERTY AND MATERIALS.

Not Applicable

3.4. POST AWARD CONFERENCE.

In accordance with Reclamation Clause WBR 1452.242-80, the Government will hold a post award conference within 10 calendar days after award of the purchase order and prior to the beginning of any onsite work. The purpose of the post award conference will be to review the purchase order, the work to be performed, established safety requirements and procedures, and to clarify the work areas.

3.5. PERFORMANCE EVALUATION MEETINGS.

The contractor’s administration personnel may be required to meet with the QAE, as determined necessary, to discuss the contractor’s performance, to include actual or potential problems. All parties shall make a mutual good faith effort to resolve any issues. All parties to the discussion shall review and sign written minutes of the meeting. Should the contractor not concur with the minutes, the contractor shall state any areas of non-concurrence in writing to the CO within seven business days of receipt of the minutes. Whenever the CO issues a Purchase Order Discrepancy Report, the QAE will hold a meeting if the contractor requests such a meeting.

4. SECTION C-4 – CONTRACTOR-FURNISHED REQUIREMENTS

4.1. GENERAL.

Except for those items or services specifically stated to be Government-furnished in Section C-3, the contractor shall furnish all items (equipment, materials, snow de-icing or salt/sand supplies, incidentals, etc.) required to perform the tasks identified in this purchase order. All equipment used in the performance of the purchase order shall be of the type and durability used by professional snow removal companies and in good working condition.

All equipment used by the contractor, or his/her employees, shall meet all applicable safety requirements. The equipment must operate at full-rated performance levels. It shall be the responsibility of the contractor to prevent the operation or attempted operation of equipment, or combinations of equipment, in an unsafe manner.

4.2. PRICING INFORMATION.

The contractor shall not include any allowance for contingencies that cover increased costs for adjustments contained in FAR Clause 52.222-41, Service Contract Act of 1965.

The contractor shall price the four (4) one year option-years period by assuming the minimum hourly wages and fringe benefits established by the Administrator, Wage and Hour Division, U.S. Department of Labor, for the base period of performance would equally apply to the one option period. The Government has incorporated the base period minimum wage rates and fringe benefits.

If Reclamation exercises any option periods, the CO will furnish updated wage determinations at the beginning of each renewal option period to the contractor. The contractor shall be responsible for paying employees under this purchase order the required minimum monetary wages and fringe benefits. Additionally, the contractor shall notify the CO of any claimed increase in the purchase order price, purchase order unit price, or fixed hourly labor rates within 30 days after received the new wage determination. Such notice shall contain a statement of the amount claimed and any relevant supporting data that reflect the contractor's actual increase or decrease in applicable wages and fringe benefits, including payroll records. Any adjustment will be limited to increases or decreases in wages and fringe benefits and the accompanying increases or decreases in social security and unemployment taxes and workers’ compensation insurance, but shall not include any amount for general and administrative costs, overhead, or profit.

5. SECTION C-5 - SPECIFIC TASKS / SERVICES REQUIRED

5.1. GENERAL.

The specified frequency requirements are the minimum intervals for each of the described tasks.

The contractor shall indemnify, save, and keep harmless, the Government against any or all loss, cost, damage, claim, expense, or liability whatsoever, because of accident or injury to persons or property of others occurring in connection with operations under the purchase order. The contractor agrees to comply with the workmen's compensation law of the state of Wyoming and to secure public liability insurance with companies satisfactory to Reclamation. The contractor further agrees to exonerate, indemnify, and hold harmless the United States from and against, and shall assume the responsibility for payment of all federal, state, and local taxes or contributions imposed or required under employment insurance, social security, income tax laws, and workmen's compensation law, with respect to the contractor's employees engaged in the performance of this purchase order.

The contractor shall provide experienced and qualified professional personnel to provide the services to include, but not limited to the tasks identified below. Throughout the life of the purchase order, the contractor is encouraged to continuously seek ways to incorporate innovative and emerging technologies that in the most economic and efficient manner improve mission performance.

The contractor must recognize that the timely and accurate performance of these services is a vital and mandatory requirement of the purchase order. Therefore, on-time performance of this work is required. The Government will allow the contractor to use a limited amount of emergency personal time for unforeseen events such as personal illness, immediate family member illness, etc. If the contractor needs to use emergency personal time, then they must contact the CO or the QAE as soon as possible, but no later than sixty minutes after the start of their shift. Failure to notify the Government may result in payment deductions as specified in Section C-5.7.

5.2. CONSTRAINTS.

The contractor shall comply with the rules and regulations governing public buildings and grounds and the following constraints:

· All contractor personnel shall be safety-oriented and familiar with general safety and health guidelines.

· All de-icing and salt and sand shall have MSDS Sheets turned into CO

· Sand for sanding parking lot and sidewalks shall be similar to playground sand

5.3. PERFORMANCE CRITERIA.

The QAE will document acceptable and unacceptable purchase order performance. When the QAE considers the contractor's performance to be unsatisfactory, the QAE will report the information to the CO along with the recommendation of any applicable payment deductions.

The CO may require the contractor to explain, in writing, the cause of the poor performance, any corrective actions the contractor has already taken to obtain an acceptable level and any future corrective actions the contractor will utilize to prevent unacceptable performance. Unacceptable performance may result in payment deductions as specified in Section C-5.7.

5.4. PERFORMANCE REQUIREMENTS.

Throughout the life of this purchase order, the contractor is encouraged to continuously seek ways to incorporate innovative and emerging technologies that in the most economic and efficient manner improves mission performance.

5.5. TASK NO. 1 – SNOW REMOVAL PARKING LOT

5.5.1. AS NEEDED. The contractor shall perform the following task on an as needed basis with a minimum of twelve callouts at Wyoming Area Office Complex:

Snow removal service on the parking lot will be required when it is anticipated that there will be accumulation of two or more inches. The Control Center at the Wyoming Area Office will call the Contractor whenever the snow removal service is required. The time that the Control Center will place the call will be coordinated with the Contractor. Snow removal services will include all of the following: Main entrance and parking lot, warehouse parking lot and the area connecting the two parking lots, and an eight-foot-wide path from the west gate to the warehouse parking lot. The area is approximately 103,600 sq. ft. of paved and gravel surface and 6,365 sq. ft. of sidewalk. All snow is to be removed from the parking lot and piled up at a designated area. All snow is to be removed prior to 6:30 a.m. Monday through Sunday. Snow removal procedures shall comply with the Reclamation Construction Safety Standards. All snow is to be removed to the maximum level without damaging the surface of the parking lot. Any damage to the parking lot, curbs, and lawn area during snow removal will be repaired at the Contractor’s expense. The snow should be removed by hand around the automatic gate prior to opening the gates or clearing the lot. This will prevent damage to the gate when there is a large accumulation of snow and it has drifted to the extent that it is above the bottom of the gate. Any damage to the gate due to improper snow removal will be repaired at the contractor’s expense.

5.5.1.1 STANDARD. The contractor uses the appropriate equipment and tools that are in good operational condition for completing the required services in a satisfactory manner.

5.5.2. TASK NO. 2 – DE-ICE, SALT AND SAND. AS NEEDED. The contractor shall perform the following task on an as needed basis with a minimum of twelve callouts at Wyoming Area Office Complex:

The parking lot and the main entrance must be de-iced or salted and sanded on the days that it snows throughout the day or when there is a large accumulation of ice on the parking lot. Road salt is not to be used to melt the snow or ice.

5.5.2.1 STANDARD. The contractor uses the appropriate equipment and tools that are in good operational condition for completing the required services in a satisfactory manner.

5.5.3 TASK NO. 3 – SNOW REMOVAL FROM SIDEWALKS. The sidewalks around the main building and warehouse should have the snow removed and ice melt shall be applied to areas to prevent slips.

5.5.3.1 STANDARD. The contractor uses the appropriate equipment, tools, and chemicals that are in good operational condition for completing the required services in a satisfactory manner.

Because of the nature of the project and in order to keep employees safe, the contractor cannot miss any call-outs due to emergency personal time as addressed in tasks 1,2, and 3.

No more than three (3) tasks per year shall result in the need for service re-performance.

5.5.4 SPECIAL EVENT(S)/EMERGENCIES. The Government may undertake or award other purchase orders for additional work at the Wyoming Area Office Complex. The contractor shall fully cooperate with the other contractors and with Reclamation employees to adapt scheduling and performing the work under this purchase order. Such coordination may require limited services or additional work. The contractor shall not commit or permit any activities that will interfere with the performance of work by any other contractors or Reclamation employees.

5.5.5 CONTRACTOR’S RESPONSIBILITIES. On occasion, the contractor may be required to provide additional or limited services as a result of an unforeseen circumstance or combination of circumstances. The CO will direct the contractor’s responsibilities for such services. In accordance with Clause 52.212-4, any resultant changes in the terms and conditions of this purchase order, including equitable adjustments, will be made by written agreement of both parties.

5.6. PERFORMANCE REQUIREMENTS SUMMARY TABLE (PRST).

The following table summarizes the tasks, the performance standard, monitoring method and disincentives for not meeting performance standards.

Wyoming Area Office

The contractor misses no call-outs due to emergency personal time as addressed in C-5.1.

No more than three (3) tasks per month shall result in the need for service re-performance.

Random Sampling

Customer Feedback

100% Inspection

(1) Rework at contractor’s expense

(2) Payment deductions as specified in C-5.7.

The contractor misses no call-outs due to emergency personal time as addressed in C-5.1.

No more than three (3) tasks per month shall result in the need for service re-performance.

Random Sampling

Customer Feedback

100% Inspection

(1) Rework at contractor’s expense

The contractor misses no call-outs due to emergency personal time as addressed in C-5.1.

No more than three (3) tasks per month shall result in the need for service re-performance.

Random Sampling

Customer Feedback

100% Inspection

(1) Rework at contractor’s expense

5.7. GOVERNMENT REMEDIES.

All work shall be subject to inspection, approval, and acceptance by the Government. The Government will compare the contractor's performance to industry standards and will not exclude common sense considerations as applied by the QAE. The CO will follow the requirements of FAR Clause 52.212-04 and 52.246-04 for the contractor’s failure to correct nonconforming services. The Government will consider work incomplete when any one of the following conditions exits:

1. The contractor did not perform any or all the tasks.

1. The contractor did not use the appropriate equipment, tools, and chemicals or the equipment was not in good operational condition for completing the requirement in a timely and satisfactory manner.

If the performance of any required service is unsatisfactory, and poor performance is clearly the fault of the contractor, the Government may reduce the purchase order price to reflect the reduced value of defective services; provided that the Government gives the contractor a written Purchase Order Discrepancy Report prior to executing such payment deductions.

The CO will determine the payment deduction amount by calculating the percentage of acceptable services performed by the contractor. The Government will use the total number of deficiencies found to determine the percentage found unacceptable. The percentage found unacceptable subtracted from 100 percent will determine the percentage acceptable.

1. For example - During the month, the contractor was required to complete 10 service tasks. By the last calendar day of the month and after Government surveillance was completed, the Government determined that two of the service tasks were deficient. Two tasks out of 10 results in a 20% unacceptable rate. Twenty percent subtracted from 100% is 80% acceptable. Therefore, the CO may pay for 80% of the contractor’s monthly invoice.

The mentioned deductions will in no way affect the Government’s right under the “Default” clause of the purchase order. The Government explicitly reserves the unilateral right to apply any of the above payment provisions and to deduct any appropriate amounts from contractor’s submitted invoices prior to payment of such invoices.

6. SECTION C-6 - SUBMITTALS

6.1. REQUIRED SUBMITTALS.

Submittals from the contractor are required during the term of the purchase order to ensure quality and safe work under the purchase order. Required submittals are as follows:

RSN

Clause Or Section Title

1452.228-70

GP-7

52.223-03 Alt I

52.204-10

6.2. REVIEWER ADDRESSES. Submittals shall be provided to the following addresses/individuals:

· Contracting Officer (CO): Tonya A. Browning at TABrowing@usbr.gov

APPENDIX A

QUALITY ASSURANCE SURVEILLANCE PLAN

Purpose The Government has developed this Quality Assurance Surveillance Plan (QASP) to implement a quality surveillance strategy for snow removal services at the Wyoming Area Office Complex. The primary intent of this plan is to provide the Quality Assurance Evaluator (QAE) a basis and systematic method to evaluate the services the contractor is required to furnish and not the details of how the contractor accomplishes the work.

Oversight of the contractor's performance will ensure purchase order quality. The plan will afford the QAE a proactive mechanism to preclude major deficiencies in the performance of services and provide for evaluation of the contractor's performance.

As it pertains to services, a concept of "fully compliant" shall be the basis used in reference to where there has been no willful departure from the terms of the purchase order and no omission of essential work. The contractor has performed the required work honestly and faithfully and the only variance consists of infrequent minor omissions or deficiencies. In general, work is substantially complete when the contractor has successfully performed 90 percent or more of the required tasks.

Authority Section E - Inspection and Acceptance, provides the authority for issuance of this QASP. This authority provides for the Contracting Officer's, or his duly authorized representative's, inspection and acceptance of the articles, services, and documentation called for in the purchase order.

Scope In order to understand the roles and the responsibilities of the parties, it is important to first define the distinction in terminology between the Quality Control Plan and the Quality Assurance Surveillance Plan. The contractor, and not the Government, is responsible for management and quality control actions necessary to meet the quality standards set forth by the purchase order. The contractor develops and submits his Quality Control Plan (QCP) for Government acceptance. Once accepted, the contractor then uses the QCP to guide and to document the implementation of the required management and quality control actions to achieve the specified results.

On the other hand, the Government puts the QASP into place to provide Government surveillance oversight of the contractor's quality control efforts to assure that they are timely, effective, and are delivering the results specified in the purchase order. The QASP is not a part of the purchase order nor is it intended to duplicate the contractor's QCP. The Government will periodically evaluate the contractor’s performance. Therefore, the Government has provided the contractor an informational copy of the QASP as an appendix to the PWS to support the contractor's efforts in developing a QCP and for providing the contractor an opportunity to comment and propose innovative solutions for the Government's QASP.

Government Resources & Responsibilities The following definitions for Reclamation resources are applicable to this plan:

Contracting Officer (CO) - A duly appointed person with the authority to enter into, administer, or terminate contracts, and to make findings and determinations on behalf of the United States Government. This is the only individual authorized to change the purchase order or any of the requirements stated herein.

Quality Assurance Evaluator (QAE) - A Government person designated by the Contracting Officer, with authority to act within the scope of the delegated authority, including but not limited to, the surveillance and inspection of the contractor’s performance.

The Government resources shall have responsibilities for the implementation of this QASP as follows:

The CO ensures performance of all necessary actions for effective contracting, ensures compliance with the terms of the purchase order, and safeguards the interests of the United States in the contractual relationship. The CO ensures the purchase order receives impartial, fair, and equitable treatment under the purchase order. The CO is ultimately responsible for the final determination of the adequacy of the contractor's performance.

The QAE is responsible for technical administration of the project and assures proper Government surveillance of the contractor's performance. The QAE is not empowered to make any contractual commitments or to authorize any contractual changes on the Government's behalf. The contractor shall refer any changes that may affect price, terms, or conditions to the CO for action.

Performance Indicators/Measures The QAE will determine whether the contractor has consistently satisfied the expected quality level as per the contractual requirements. Section C-5 of the Performance Work Statement identifies the performance standards for all services that the contractor shall perform.

Frequencies - The QAE will determine whether tasks and frequencies conform to the tasks and frequency requirements accepted as a part of the contractor's offer.

Management Responsiveness - The QAE will determine whether the contractor provides satisfactory project management, adequate timely response to customer complaints, the quality of the management of customer complaints, quality accountability of complaints, the quality of the reporting of complaints, and conformity to the contractor's final Quality Control Plan.

Methods of Surveillance The below listed method of surveillance shall be used in the administration of this QASP. In addition to specific instructions, the QAE will use the standardized Surveillance Activity Checklist, which is contained in this document, to document QAE surveillance.

100% Inspection - A method of surveillance the Government may use in the administration of the Government’s Quality Assurance Surveillance Plan. Under this level of monitoring, the Government will prepare documentation on all service outputs in a surveillance period (i.e. the Government will evaluate every task every time the contractor performs the task).

Customer Feedback - A method of surveillance the Government may use in the administration of the Government’s Quality Assurance Surveillance Plan. Under this level of monitoring, the Government reviews firsthand information from the actual users of the service. The Government will use feedback to supplement other forms of evaluation and assessment.

Random Sampling - A method of surveillance the Government may use in the administration of the Government’s Quality Assurance Surveillance Plan. Under this level of monitoring, the Government prepares documentation on a regular and continual basis to assess the contractor's ongoing performance.

Documentation In addition to providing documentation to the CO, the QAE will maintain a complete Quality Assurance file onsite. The file will contain copies of all reports, evaluations, recommendations, and any actions related to the Government's performance of the quality assurance function, including the originals of all Surveillance Activity Checklists. The Government will retain all such records for the life of this purchase order. The QAE shall forward these records to the CO at termination or completion of the purchase order.