PWS Tiger Dam Transportation Service Contract.pdf

PERFORMANCE WORK STATEMENT

FOR TRANSPORTATION OF TIGER DAM CONTAINERS

1.0 General Statement

a. The contractor shall provide all personnel, equipment, tools, materials, supervision, and other items and services necessary to perform movement of Government property by truck and trailer as defined in this Performance Work Statement (PWS). The Contractor shall perform to the standards in the contract and comply with all Local, State, and Federal regulations during the services performed.

b. This contract is for all labor and equipment to facilitate the loading, offloading and transportation of (6) standard 40’x8’x8’-6” High containers, approximately 30,000 pounds each.

From: 1921 South Conway Avenue, Mission, Tx 78572 To: 1801 N. Mill Street, Lewisville, TX 75057 Period of Performance: 14 days from award of contract

c. Bid Items:

CLIN 0001 Transport 6 Containers from McAllen Tx to Lewisville, Tx

Period of Performance - Within 14 days from award of contract.

2.0 Definitions. Throughout this contract terms are defined as follows:

a. Contracting Officer (CO): The Government employee who is authorized to enter into, administer, and/or terminate contracts and make related determinations and findings.

b. Contracting Officers Representative (COR): The Government employee who has been authorized in writing as the contracting officer’s representative, acting within the limits of their authority.

c. Quality Assurance Evaluator (QAE): The Government employees responsible for checking contractor performance.

d. Contract Discrepancy Report (CDR): A written record of unsatisfactory performance by the contractor as observed by the Quality Assurance Evaluator (QAE).

e. Material Safety and Data Sheet (MSDS)

3.0 Contractor Shall Furnish

a. The Contractor shall furnish all labor, equipment, and materials necessary to perform the work described herein. A copy Commercial Driver’s License (CDL) shall be submitted to the Government’ COR prior to commencement of this contract. Upon completion, contractor shall submit a copy of the Bill of Lading.

4.0 Performance Standards and Guideline Requirements (Also see Paragraph 6)

a. The contractor shall supply the necessary trucks and trailers along with qualified operators transport 6 specified containers.

b. Vendor to supply their personnel with all applicable Personal Protective Equipment (PPE).

c. Performance shall be based on the Contracting Officer’s or their designated Representative’s evaluation of performance and quality results, not the frequency or method of performance.

5.0 Performance Requirements Summary. It is intended to ensure that the Government receives the services for which it contracted for. The Government will only pay for services received. The Performance Requirement Summary (PRS) determines if the contractor meets the performance standards of the contract, as well as provides guidelines for how and when surveillance will be performed. The PRS ensures timeliness, effectiveness, and that the contractor is delivering the results specified in the contract. Government contract quality assurance will be performed at such times and/or places as may be necessary to determine the services conform to contract requirements.

a. If the Contractor fails to perform at any time and the work is deemed critical by the COR, Government forces may be assigned to perform the work. If this occurs, the Contractor shall be required to reimburse the Government for the full costs of the work performed including labor, materials, transportation, and supervision.

b. Performance Requirements Summary. These are the criteria against which the performance will be evaluated. Work shall be considered not to have been performed when any one of the following conditions exists in accordance to the Quality Assurance Surveillance Plan

(QASP).

PERFORMANCE REQUIREMENTS SUMMARY

Performance Objective

Performance Standard

Allowed Number of Discrepancies

Surveillance Validated

Complaints

Tiger Dam Provide truck and trailer services 0 per trip Each service No more than 1 per trip

Trucks, trailers, and operators as required to perform the described service safely and without damage to the cargo being transported within the period of performance.

will be inspected by onsite technical POCs.

c. Surveillance. Visual inspection of truck and trailer service provided and damage to property for contract compliance and will serve as the surveillance method. If the COR discovers deficiencies and/or receives complaints, the COR will pass them on to the contractor's Quality Control Inspector (QCI) for correction.

d. Quality Control. The contractor, not the government is responsible for quality control actions necessary to meet the quality standards set forth by the contract. Quality Assurance (QA) is the Government process that ensures the contractor delivers quality service. The Government reserves the right under the Contract Terms and Conditions—Commercial Items (FAR 52.212-4) to inspect and test the services called for by the contract, to the extent practicable at all times and places during the term of the contract. Non-conforming services shall be rejected.

e. Unacceptable Performance. When performance is determined unacceptable, as defined in the

Performance Requirements Summary, the Government Quality Assurance Evaluator (GQAE) will inform the contractor’s on-site representative that performance is unacceptable and provide written documentation by use of the form DD 2772, Contract Discrepancy Report. By initialing and dating the form, the contractor is only acknowledging notification of unacceptable performance. Disputes in surveillance should be referred to the contracting officer.

f. The GQAE will notify the COR and the Contracting Officer of less than acceptable performance.

If any of the services do not conform to contract requirements, the government may require the Contractor to perform the services again in conformity with the contact requirements, at no increase in contract amount. When the defect(s) in services cannot be corrected by re-performance, the government may:

1) Require the Contractor to take necessary action to ensure future performance conforms to contract requirements.

2) Reduce the contract price to reflect the reduced value of the services performed.

3) If the Contractor fails to promptly re-perform the services, or to take the necessary action to ensure future performance in conformity with contract requirements, the government may:

a) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the government that is directly related to the performance of such service or

b) Issue Cure Notice

c) Terminate the contract for government convenience

d) Terminate the contract for Cause.

g. Correction of Non-Performance of Work. The Contractor shall employ an adequate quantity of personnel to ensure that any area found to be not in compliance and therefore not acceptable, shall be made acceptable by the performance or re-performance of the work, where such re-performance is possible, during the first business day after non-compliance has been observed by or reported to and verified by the COR.

h. Standard. Recurring defects are not permitted for any of the above service items. For example, if the COR discovers damage covered under the contract, the contractor is required to correct the defect through re-performance. No defect is recorded against the contractor's performance.

However, if this same situation occurs again during the contract period, a defect will be recorded and reported to the Contracting Officer for appropriate action in accordance with FAR 52.212.4, Contract Terms and Conditions-Commercial Items (May 1997).

i. Work Scheduling. Work performed under this contract shall be during the normal working days and hours of the Operating Project to include Monday through Thursday, 0700 -1700 hours with the exclusion of Federal holidays.

j. Verification of Work. If the Contractor performs work other than at the scheduled time, the

Contractor must notify the COR of completion to secure any payment. Work performed at times other than posted on the schedule and not coordinated with the COR shall be considered not completed. After the work schedule has been approved, a copy of it shall be posted in the various places that the Contractor shall be working. The Contractor shall initial this work schedule each day to show the specific items of work that were accomplished.

k. Damages Caused by the Contractor. The Contractor shall be held accountable and liable to the

Government for any damages to Government Property caused by the Contractor employees.

6.0 General

The onsite Technical Representative is Mr. Ulysses Gracia, 817-886-1911, Ulysses.l.gracia@usace.army.mil, who will coordinate the onsite access, security and safety requirements.

Environmental Compliance. All vendor vehicles to be carrying hazardous material spill containment for prevention of possible oil and fuel spills from their vehicles into water ways.

6.1 Contract Changes. Changes in scope, time, or deliverables can only be authorized by the Contracting Officer. The contractor shall notify the Contracting Officer immediately if they have received direction to perform work outside the scope of the contract. Changes in scope will be negotiated and a written modification issued, before proceeding with the work.

6.2 Points of Contacts

Contracting Officer: Robin Prince, 817-357-7073, robin.g.prince2@usace.army.mil Contracting Officer’s Representative: Ulysses Gracia, 817-886-1911 Ulysses.l.gracia@usace.army.mil Contract Specialist: Donald C. Sumner, (503) 808-4628, donald.c.sumner@usace.army.mil USACE Project Manager: CPT Patrick Couch, 405-819-0113, Patrick.d.couch@usace.army.mil

6.3 Walsh-Healey Public Contracts Act or the McNamara-O'Hara Service Contract Act (SCA).

Every employer performing work covered by the Walsh-Healey Public Contracts Act or the McNamara- O'Hara Service Contract Act (SCA) is required to post a notice of the compensation required (including, for service contracts, any applicable wage determination) in a prominent and accessible location at the worksite where it may be seen by all employees performing on the contract. A copy of the poster is available in two versions at the following DOL website:

http://www.dol.gov/whd/regs/compliance/posters/sca.htm. The rest of the content is subjective to each location needs.

6.4 Veterans Employment Emphasis for U.S. Army Corps of Engineers Contracts. USACE contractors and sub-contractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE Contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE Contractors in their outreach efforts:

• Federal Veteran employment information at http://www.fedshirevets.gov/index.aspx mailto:Ulysses.l.gracia@usace.army.mil mailto:Ulysses.l.gracia@usace.army.mil mailto:donald.c.sumner@usace.army.mil mailto:Patrick.d.couch@usace.army.mil http://www.dol.gov/whd/regs/compliance/posters/sca.htm http://www.fedshirevets.gov/index.aspx

• Department of Labor Veterans Employment Assistance at http://www.dol.gov/vets/

• Department of Veterans Affairs-VOW to Hire Heroes Act at http://benefits.va.gov/vow

• Army Wounded Warrior Program at http://wtc.army.mil/modules/employers/index.html

• U.S. Chamber of Commerce Foundation – Hiring Our Heroes:

http://www.hiringourheroes.org/

• Guide to Hiring Veterans:

www.whitehouse.gov/sites/default/files/docs/white_house_business_council_- _guide_to_hiring_veterans_0.pdf

6.5 Work Scheduling. The Contractor is not required to perform services on the following recognized Federal holidays: New Year’s Day, Labor Day, Martin Luther King Day, Columbus Day, President’s Day, Thanksgiving Day, Independence Day, Christmas Day, Memorial Day, and Veteran’s Day.

6.6 Insurance. The Contractor shall, at its own expense, provide and maintain during the entire performance period of this contract, at least the kinds and minimum amounts of insurance required by the applicable FAR Clause as follows:

TYPE AMOUNT

Workman's Compensation and Employer's

As legally required by the State wherein the work

Liability (including Federal Longshoremen and Harbor Worker's Insurance)

As is being performed

Comprehensive General Liability Insurance Personal Injury Liability: $1 million per person $1 million per occurrence

Property Damage (may be included in general aggregate limits or combined single unit coverage): $1 million per occurrence

Automobile Liability Personal Injury Liability:

$1 million per person $1 million per occurrence

Property Damage (may be included in general aggregate limits or combined single unit coverage):

$1 million per occurrence

8. Invoice Submittals. Invoice(s) shall be prepared in accordance with FAR clause 52.212-4(g) and submitted electronically via email to:

Submit an Electronic PDF Invoice to the USACE Finance Center via email address:

CEFC-M2invoices@usace.army.mil

Electronic Copy to: Contracting Officer’s Representative: Ulysses Gracia, 817-886-1911 Ulysses.l.gracia@usace.army.mil

For Invoice receipt verification or for a vendor's Payment problem, the vendor may http://www.dol.gov/vets/ http://benefits.va.gov/vow http://wtc.army.mil/modules/employers/index.html http://www.hiringourheroes.org/ http://www.whitehouse.gov/sites/default/files/docs/white_house_business_council_-mailto:CEFC-M2invoices@usace.army.mil mailto:Ulysses.l.gracia@usace.army.mil contact the USACE Finance Center at Phone Number (901) 873-9077.

9. Coordination.

a. General. Coordination of project activities is critical to the successful completion of the activity.

Every effort shall be made to resolve critical issues in a timely manner before they become problems. Communication by telephone and email is strongly encouraged.

b. Contractor’s Point-of-Contact (POC). Upon contract award the contractor shall assign a Project

Manager to act as a primary point of contact. The contractor shall furnish the name and contact information of that individual to the Government.

c. Government’s Point-of-Contact. The Government’s technical point of contact for this solicitation is CPT Patrick Couch. He can be reached as follows:

US Army Corps of Engineers Fort Worth District Phone: 405-819-0113 Email: Patrick.d.couch@usace.army.mil

10. Additional Services. The Contractor shall not perform any services under this contract which are considered by the Contractor to be a change in work or services required by this agreement without the written prior approval of the Contracting Officer.

11. FORMS.

Contractor Discrepancy Form:

http://www.esd.whs.mil/Portals/54/Documents/DD/forms/dd/dd2772.pdf mailto:Patrick.d.couch@usace.army.mil http://www.esd.whs.mil/Portals/54/Documents/DD/forms/dd/dd2772.pdf