PWS Waste Collection Talleyrand Depot.pdf

PERFORMANCE WORK STATEMENT

Waste Collection and Disposal at USACE Talleyrand Depot

Version 02/12/2021

1. GENERAL INFORMATION

1.1 Description of Services:

This is a non-personal services contract to provide waste collection and disposal at the Talleyrand Depot. The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items to perform all services as defined in this Performance Work Statement except for those items specified as government furnished.

1.2 Background:

The Talleyrand Depot is a facility for the U.S. Army Corps of Engineers that serves as a warehouse and base operations for the Hydrographic Surveying Jacksonville Field Office.

1.3 Objective:

The objective of this service contract is to procure waste collection and disposal services for the 6-yard closed top dumpster and the 20-yard open top, roll-off dumpster.

1.4 Restrictions:

1. Personal Services: The Government shall neither supervise contractor employees nor control the method by which the contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual contractor employees. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the contractor's responsibility to notify the Procuring Contracting Officer (PCO) immediately.

2. Inherently Governmental: Avoidance of Performance Closely Associated with Inherently Governmental

Functions. Task orders issued under this IDIQ Contract will receive special consideration to avoid inclusion of services which are considered closely associated with inherently governmental functions. Under no circumstances will this IDIQ Contract be utilized in a manner which would require the Contractor to manage another contractor, nor in manner such as where the Contractor might influence official evaluations of other contractors; neither directly nor indirectly.

3. Brooks-Act Prohibition: Under this contract, the Contractor is prohibited from performing architect-engineer type services which require a registration by state law. The Contractor is prohibited from performing architect-engineer type services, associated with the design or construction of real property (land and structures).

The Contractor is prohibited from performing ancillary architect-engineer type services, which require supervision by a registered professional. The Contractor is prohibited from performing survey or mapping services associated with architect-engineer type planning, development construction, design, or alteration of real property.

1.5 Scope:

The contractor shall furnish all materials, equipment, supplies, personnel, and all other services required to perform the environmental services and Sustainment, Restoration and Modernization support outlined in this statement of work and as specifically identified in the individual task orders.

The scope of work includes commercial collection of the contents of a 6-yard closed top dumpster and 20-yard open top roll-off dumpster as well as disposal in an approved dump per local and national code including but not limited to Resource Conservation and Recovery Act (RCRA). Services include a weekly collection of the 6-yard closed top dumpster and a monthly collection of the 20-yard open top roll-off dumpster.

1.6 Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and four (4) 12-month option years. The Period of Performance reads as follows:

Base Year

Option Year I

Option Year II

Option Year III

Option Year IV

1.7 Place of Performance:

The work to be performed under this contract will be performed at 3077 Talleyrand Avenue Jacksonville FL 32206.

1.8 Recognized Holidays:

The contractor is not required to perform services on recognized holidays.

New Year’s Day Labor Day

Martin Luther King Jr.’s Birthday Columbus Day

President’s Day Veteran’s Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

2. CONTRACTOR ADMINISTRATION AND MANAGEMENT

2.1 Business Relations:

The contractor shall successfully integrate and coordinate all activity needed to execute the requirement. The contractor shall manage the timeliness, completeness, and quality of problem identification. The contractor shall provide corrective action plans, proposal submittals, timely identification of issues, and effective management of subcontractors. The contractor shall seek to ensure customer satisfaction and professional and ethical behavior of all contractor personnel.

2.2 Contractor Personnel, Disciplines, and Specialities:

2.3 Key Personnel:

The follow personnel are considered key personnel by the government: Contract manager andAlternate contract manager. The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 9:00 a.m. to 3:00 p.m. (local time) Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons. Qualifications for all key personnel are listed below:

2.4 Identification of Contractor Employees:

All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. Contractor personnel will not be required to obtain and wear badges in the performance of this service.

2.5 Subcontract Management:

The contractor shall be responsible for any subcontract management necessary to integrate work performed on this requirement and shall be responsible and accountable for subcontractor performance on this requirement. The prime contractor will manage work distribution to ensure there are no Organizational Conflict of Interest (OCI) considerations. Contractors may add subcontractors to their team after notification to the KO or Contracting Officer

Representative (COR).

2.6 Contractor Travel:

Reserved

3. SECURITY

3.1 Security Requirements:

Contractor personnel performing work under this contract must adhere to the requirements below.

3.2 Antiterrorism/Operation Security (AT/OPSEC) Requirements:

1. Reserved

2. Access and General Protection/Security Policy and Procedures - All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office.

Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition

(FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

3. Reserved

4. Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say

Something) - The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

5. Reserved

6. Reserved

7. OPSEC Training - All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. OPSEC awareness training is available at the following websites:

https://www.iad.gov/ioss/ or http://www.cdse.edu/catalog/operations-security.html

8. Reserved

9. Reserved

10. Reserved

11. Reserved

12. Reserved

13. Escort Requirements: All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

14. Contractor Company to obtain a Facility Clearance and individual clearances at the appropriate level:

The Prime Contractor Company must have (or will have) a Facility Clearance (FCL) at the appropriate level (IAW the NISPOM DOD 5220.22‐M and AR 380‐49) prior to the start of the contract awarded period of performance.

Contractor personnel performing work under this contract must have the required security clearance, per AR 380‐67, at the appropriate level at the start of the period of performance. Security Clearances and FCL requirements are required to be maintained for the life of the contract IAW the DD254 attached to the contract. If no FCL, the supporting Government Contracting Activity will sponsor the prime contract company in obtaining the FCL.

15. Pre‐screen candidates using E‐Verify Program: The Contractor must pre‐screen Candidates using the

E‐verify Program (http://www.dhs.gov/E‐Verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to ensure the correct information is entered into the E‐verify system. An initial list of verified/eligible

Candidates must be provided to the COR no later than 3 business days after the initial contract award." *When contracts are with individuals, the individuals will be required to complete a Form I‐9, Employment Eligibility

Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

3.3 Physical Security:

The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

3.4 Key Control:

Key control will not be granted to the contractor. In order for the waste collection technician to gain access to the facility, the operator shall press the button on the intercom pedestal located directly in front of the sliding gate. A

USACE employee will open the gate contingent upon visual inspection of the waste collection transportation vehicle. Should the button at the intercom pedestal be non-functional, then the contractor shall call the phone number listed on the signage posted at the sliding gate.

https://www.iad.gov/ioss/ http://www.cdse.edu/catalog/operations-security.html

3.4.1 Lost Keys:

Reserved.

3.4.2 Keys issued to Contractor:

3.4.3 Lock Combinations

4. QUALITY

4.1 Quality Control:

The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. The QCP is to be delivered within 30 days of request by COR. After acceptance of the quality control plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system.

4.2 Quality Assurance:

The government shall evaluate the contractor’s performance under this contract in accordance with the Performance

Requirement Summary (PRS). Additionally, the Government will use a Quality Assurance Surveillance Plan

(QASP), in the inspection of the services. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

4.3 Quality Assurance Surveillance Plan (QASP):

The Government shall monitor the Contractors performance under this Task/Delivery Order in accordance with the

Governments QASP.

4.4 Performance Requirements Summary:

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

5. GOVERNMENT CONTRACT ADMINISTRATION

5.1 Post Award Conference/Periodic Progress Meetings:

The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the

Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues.

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

5.2 Contracting Officer Representative (COR):

The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

5.3 Contractor Performance Assessment Reporting System (CPARS):

This contract requires reporting in the Contractor Performance Assessment Reporting System (CPARS). Any task order awarded under this contract that is valued at greater than $1,000,000.00 will also be subject to reporting in

CPARS. The contractor is responsible for providing and maintaining a representative in CPARS who has the authority to review and accept performance reports on behalf of the contractor.

6. OTHER REQUIREMENTS AND INFORMATION

6.1 Hours of Operation:

The contractor is responsible for conducting business, between the hours of 9:00 am – 3:00 pm (local time) Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this

PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

6.2 Other Direct Costs:

6.3 Data Rights:

6.4 Organizational Conflict of Interest:

Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The

Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such

OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may effect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

6.5 Phase In/Phase Out:

7. DEFINITIONS AND ACRONYMS

7.1 Definitions:

CONTRACTOR. A supplier or vendor having a contract to provide specific supplies or service to the government.

The term used in this contract refers to the prime.

CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the

Performance Work Statement.

DELIVERABLE. All goods, out-puts, end products, services, work, work product, items, materials and property to be created, developed, produced, delivered, performed or provided by or on behalf of, or made available through, Contractor (or any agent, contractor or subcontractor of the contractor) in connection with this contract. Most deliverables take the form of a tangible product (hardware, software, data, written report, completed installation, etc.), but some can also be less tangible (meeting facilitator or custodial services).

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.

PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

QUALITY ASSURANCE Surveillance plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

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

WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

WORK WEEK. Is defined as Monday through Friday, unless specified otherwise.

7.2 Acronyms:

ACOR Alternate Contracting Officer's Representative

AFARS Army Federal Acquisition Regulation Supplement

AR Army Regulation

CCE Contracting Center of Excellence

CFR Code of Federal Regulations

CONUS Continental United States (excludes Alaska and Hawaii)

COR Contracting Officer Representative

COTR Contracting Officer's Technical Representative

COTS Commercial Off the Shelf

DA Department of the Army

DD250 Department of Defense Form 250 (Receiving Report)

DD254 Department of Defense Contract Security Requirement List

DFARS Defense Federal Acquisition Regulation Supplement

DMDC Defense Manpower Data Center

DOD Department of Defense

FAR Federal Acquisition Regulation

HIPAA Health Insurance Portability and Accountability Act of 1996

KO Contracting Officer

OCI Organizational Conflict of Interest

OCONUS Outside Continental United States (includes Alaska and Hawaii)

ODC Other Direct Costs

PIPO Phase In/Phase Out

POC Point of Contact

PRS Performance Requirements Summary

PWS Performance Work Statement

QA Quality Assurance

QAP Quality Assurance Program

QASP Quality Assurance Surveillance Plan

QC Quality Control

QCP Quality Control Program

8. GOVERNMENT FURNISHED PROPERY, EQUIPMENT, SERVICES AND MATERIALS

8.1 Property. Reserved

8.2 Equipment. Reserved

8.3 Services. Reserved

8.4 Materials. Reserved

9. CONTRACTOR REQUIREMENTS

9.1 Contractor Furnished Items. The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

9.2 Submittals. Quality Control Plan

9.3 Contract Requirements. Quality Control Plan will be submitted per requirements listed in 4.1.

10. PERFORMANCE REQUIREMENTS

10.1 Basic Services:

10.1. Basic Services. The contractor shall provide services for waste collection and disposal.

10.2. Task: The contractor shall furnish one (1) 6-yard closed top dumpster as a lease to the government. The furnished dumpster shall have no holes greater than 0.25 inches and shall be free of larvae or miscellaneous debris.

The placement location of the dumpster within the facility shall be coordinated with the COR after contract award.

10.2.1 Standard: The contractor’s waste removal technician shall furnish the dumpster on schedule. The schedule will be coordinated with the COR after award.

10.3. Task: The contractor shall collect the contents of the leased 6-yard closed top dumpster on a weekly basis. The specific date shall be coordinated with the COR after contract award. No debris shall be left on the facility ground as a result of the waste collection process.

10.3.1 Standard: The contractor’s waste removal technician shall be prompt, professional, and courteous while performing the task in 10.3

10.4 Task: The contractor shall furnish one (1) 20-yard open top, roll-off dumpster as a lease to the government.

The furnished dumpster shall have no holes greater than 0.25 inches and shall be free of larvae or miscellaneous debris. The placement location of the dumpster shall be coordinated with the COR after contract award.

10.4.1 Standard: The contractor’s waste removal technician shall be prompt, professional, and courteous while performing the task in 10.4.

10.5 Task: The contractor shall collect the contents of the leased 20-yard open top, roll-off dumpster on a monthly basis. The specific date and time shall be coordinated with the COR after contract award. No debris shall be left on the facility ground as a result of the trash/collection process.

10.5.1 Standard: The contractor’s waste removal technician shall be prompt, professional, and courteous while performing the task in 10.5.

10.6. CONTRACTOR MANAGEMENT REPORTING (CMR): Reserved

11. REGULATIONS AND PUBLICATIONS

The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures.

Technical Publications: All work performed under this contract shall be in accordance with the following publications, and contractor's personnel shall be familiar with and comply with same. Publications may found at http://140.194.76.129/publications/.

• Corps of Engineers Manual EM 385-1-1 - Safety and Health Requirements Manual.

• Corps of Engineers, Labor Relations Manual ER 1180-1-8.

• Resource Conservation and Recovery Act (RCRA)

12. CONTRACTOR MANPOWER AND REPORTING

13. EXHIBITS AND ATTACHMENTS

13.1 Exhibit A – Performance Requirements Summary

13.2 Exhibit B – Deliverables

13.3 Exhibit C – Diagrams, Pictures and Special Requirement Specifications, etc.

13.4 Exhibit D – Wage Determinations

13.5 Attachment 1 - Employees in the Government workplace

13.6 Attachment 2 - Estimated Workload Data

13.7 Attachment 3 – Quality Assurance Surveillance Plan (QASP).

EXHIBIT A

Performance Requirements Summary

Performance Objective

(The Service required— usually a shall statement)

Standard Performance Threshold

(This is the maximum error rate. It could possibly be

“Zero deviation from standard”)

Method of

Surveillance

PRS # 1.

The contractor shall provide the service stated

10. PERFORMANCE

REQUIREMENTS

The contractor adhered to the standard stated in 10. PERFORMANCE

REQUIREMENTS

No more than one customer complaint per report.

Validated

Customer

Complaint received by

COR.

EXHIBIT B

Deliverable Schedule

Deliverable Frequency

# of Copies Medium/For mat Submit To

Safety and health plan

Within a 7 working day period after a written request from COR

1 Electronic

Copy

Digital MS

Word, Excel

Spreadsheet

CONTRACTING OFFICER, CLIENT

REPRESENTATIVE AND CONTRACTING

OFFICER’S REPRESENTATIVE

Quality Control /

Work Plan / Quality

Assurance

Surveillance Plan

Within a 7 working day period after a written request from COR

1 Electronic

Copy

Digital MS

Word, Excel

Spreadsheet

CONTRACTING OFFICER, CLIENT

REPRESENTATIVE AND CONTRACTING

OFFICER’S REPRESENTATIVE

EXHIBIT C

Diagrams, Pictures and Special Requirement Specifications

EXHIBIT D

Wage Determination

ATTACHMENT 1

Non-Disclosure Statement

CONTRACTOR EMPLOYEES IN THE GOVERNMENT WORKPLACE

a. The Contractor shall ensure that any employee (including employees of subcontractors) who attends meetings, answers Government telephones, or otherwise works in a situation where the employee’s actions could be construed as official Government acts, identifies himself or herself as a Contractor employee at the earliest opportunity.

b. If performance of this contract requires that Contractor employees have access to sensitive information, the

Contractor may be required to sign a non-disclosure agreement similar to the following:

SAMPLE NON-DISCLOSURE AGREEMENT

For the United States Army Corps of Engineers (USACE)

USACE Office: Jacksonville District

Contract Number:

Contractor:

Contracting Officer:

Whereas Contractor is performing work for the USACE under the above contract, and, in connection with this contract, is being given access to information that is sensitive or related to critical financial matters as defined by the terms of the contract, Contractor agrees:

1. That when provided information that is sensitive or related to critical financial matters, the

Contractor will use reasonable care (the same being not less than that used by the Contractor to protect the Contractor’s own information that is sensitive or related to critical financial matters) to protect the information against unauthorized use or disclosure.

2. Contractor will share information that is sensitive or related to critical financial matters only with those employees, subcontractors or agents who need to know the information in order to perform the contract.

3. Contractor will inform employees, subcontractors or agents having access to information that is sensitive or related to critical financial matters of the sensitive nature of the information.

4. Any copies or reproductions of information that is sensitive or related to critical financial matters must include the notices of its sensitive nature that are contained in the original.

5. Contractor, upon completion of the contract, or upon demand of the Contracting

Officer, whichever is earliest, must return to the Contracting Officer any and all copies of information that is sensitive or related to critical financial matters.

6. Contractor immediately will notify the Contracting Officer in writing if Contractor learns that one of

Contractor’s current or former employees, subcontractors or agents has made unauthorized use or disclosure of information that is sensitive or related to critical financial matters.

7. Contractor agrees that the use or disclosure of information that is sensitive or related to critical financial matters in a manner inconsistent with this contract will cause irreparable harm to

USACE and the Government of the United States, and that USACE has the right to take any action deemed appropriate to prevent unauthorized disclosure.

Signatures:

Contractor: Date:

Contracting Officer: Date:

(End of paragraph number 999.237-4000)

ATTACHMENT 2

Estimated Workload Data

ITEM

NAME

ESTIMATED QUANTITY

1 Waste collection transportation vehicle technician assigned to 6-yard dumpster

4 Days per month

2 Waste collection transportation vehicle technician assigned to 20-yard dumpster

1 Day per month

ATTACHMENT 3

Quality Assurance Surveillance Plan

Contract Number:

Contractor:

Description/Scope of Work:

1. PURPOSE.

This Quality Assurance Surveillance Plan (QASP) provides a systematic method to evaluate performance for the stated contract. This QASP explains the following:

• What will be monitored?

• How monitoring will take place?

• Who will conduct the monitoring?

• How monitoring efforts and results will be documented?

This QASP does not detail how the contractor accomplishes the work. Rather, the QASP is created with the premise that the contractor is responsible for management and quality control actions to meet the terms of the contract. The intent is to ensure that the Contractor performs in accordance with the performance standards and acceptable quality levels contained in the Performance Work Statement; that the Government receives the quality of services called for in the contract; and, that the Government only pays for the acceptable level of services received. Additionally, it is the Government’s responsibility to be objective, fair, and consistent in evaluating performance.

It is important to understand the responsibilities of the parties and distinguish between the quality control plan and the QASP. The contractor is responsible for managing and developing a quality control plan to meet the quality standards established in the performance work statement (PWS). The QASP is put in place to provide the

Government surveillance and oversight of the contractor’s efforts in fulfilling the terms of the contract. The QASP is not part of the contract nor is it intended to duplicate the Contractor’s quality control plan. The Government may provide the Contractor with an information copy of the QASP to support the Contractor’s efforts in developing a quality control plan that will interrelate with the QASP.

2. Government Roles and Responsibilities.

The following personnel shall oversee and coordinate surveillance activities. All personnel by name will be addressed in the contract.

a. Contracting Officer - The Contracting Officer shall ensure performance of all necessary actions for effective contracting, ensure compliance with the contract terms, and shall safeguard the interests of the United States in the contractual relationship. The Contracting Officer shall also assure that the contractor receives impartial, fair, and equitable treatment under this contract. The Contracting Officer is ultimately responsible for the final determination of the adequacy of the contractor’s performance and is the only individual that can make changes to the contract.

b. Technical Point of Contact (TPOC):

c. Contract Specialist/Administrator: The Specialist/Administrator is responsible for the day to day administration of the contract and assures that all the terms and conditions of the contract are being met. The

Specialist/Administration will coordinate actions with the Contracting Officer. Additionally, they assure that receipt of all proper Government surveillance documentation is received and in the file from the Contracting Officer’s

Representative (COR).

d. Contracting Officer’s Representative (COR) - The COR is responsible for technical administration of the contract and shall assure proper Government surveillance of the contractor’s performance. The COR shall keep a quality assurance file. At the conclusion of the contract or when requested by the KO, the COR shall provide documentation to the KO. The COR 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 they deem may affect contract price, terms, or conditions to the KO for action.

4. Methods of Surveillance:

100% Inspection: Using 100% Inspection is the method to evaluate the contractor when required by the contract

Performance Requirements Summary (PRS) as noted in Exhibit A. Using this method of inspection, utilizes a zero deviation to the standards set forth in the contract. All services or requirements are monitored for evaluation. Such performance requirements covers all aspects of the services in order to meet the specification outlined in the PWS.

Note: using a zero deviation or tolerance can be prohibitively expensive.

Customer feedback: Customer feedback is firsthand information from the actual users of the service. It should be used to supplement other forms of evaluation and assessment, and it is especially useful for those areas that do not lend themselves to the typical forms of assessment. However, customer feedback information should be used prudently. Sometimes customer feedback is complaint-oriented, likely to be subjective in nature, and may not always relate to actual requirements of the contract. Such information requires thorough validation.

5. ACCEPTABLE QUALITY LEVELS (AQLs):

The requirement can also establish an AQL for the task, if appropriate. The AQL is a recognition that unacceptable work can happen, and that in most cases zero tolerance is prohibitively expensive. In general, the AQL is the minimum number (or percentage) of acceptable outcomes that the government will permit. An AQL is a deviation from a standard. For example, in a requirement for taxi services, the performance standard might be "pickup the passenger within five minutes of an agreed upon time." The AQL then might be 95 percent; i.e., the taxi must pick up the passenger within five minutes 95 percent of the time. Failure to perform at or above the 95 percent level could result in a contract price reduction or other action. Monthly surveillance documentation and reports prepared by the COR will be maintained in the COR file. The COR file will also contain a copy of the contract, all modifications, appointment letter and all surveillance reports to include any contract discrepancy report (CDR)

6. SURVEILLANCE FORMS:

This Quality Assurance Surveillance Plan uses specific forms to detail performance and will substantiate the government’s position in case the government seeks monetary deduction from the contractor for poor performance.

DA Form 5475 – COR Surveillance Schedule (Attachment 1)

DA Form 5481 - Tally Checklist (Attachment 2)

DA Form 5477 – Customer Complaint Record (Attachment 3)

DA Form 5479 – Contract Discrepancy Report (Attachment 4)

7. CONTRACT DEFICIENCY REPORT

If the sampling results are that the number of defects exceed the Acceptable Quality Level (AQL), the services outlined in the PWS will be considered unsatisfactory for the particular requirement under surveillance. If government action or lack of action caused the unsatisfactory performance, the defects will not be counted. A memorandum will be prepared by the COR explaining the government’s action and submitted with the monthly report to the Contracting Officer.

Unsatisfactory contract performance will be reported on DA Form 5479, Contract Discrepancy Report

(CDR). This form is used to notify the contractor of discrepancies found by the COR. This is where the contractor is allowed to answer how the discrepancy will be corrected and how reoccurrence will be avoided. If unsatisfactory performance occurs in an area based on the COR’s sampling, the contractor will be given a CDR. This completed and signed CDR along with the Sampling Guide and supporting documentation will be forwarded to the Contracting

Officer for disposition if not corrected in a timely manner by the Contractor. A copy will be maintained in the COR file.

8. EXAMPLE 1:

The Performance Requirements Summary Matrix, EXHIBIT A in the Performance Work Statement includes performance standards. The Government shall use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL).

PRS # 1: The contractor shall provide sampling services.

PRS # 2: The contractor shall provide laboratory services from qualified laboratories.

PRS # 3: The contractor shall summarize the QC provided by the laboratories.

PRS # 4: The contractor shall provide comparisons of soils, sediments and water values with the appropriate standards.

Incentives: (Not Applicable)

Methods of QA Surveillance.

The COR shall use the surveillance methods listed below in the administration of this QASP.

a. 100% INSPECTION. The Government shall evaluate the documents and reports are received on schedule and according to the PWS.

The contractor shall follow FDEP SOPs.

The contractor shall check if laboratory is NELAP certified.

The contractor shall QC the laboratory data and clarifies.

The contractor shall provide the charts requested.

Performance Objective

(The Service required—usually a shall statement)

Standard Performance Threshold

(This is the maximum error rate. It could possibly be

“Zero deviation from standard”)

Method of

Surveillance

PRS # 1.

The contractor shall provide the service stated in 10.

PERFORMANCE

REQUIREMENTS

The contractor adhered to the standard stated in 10.

PERFORMANCE

REQUIREMENTS

No more than one customer complaint per report.

Validated

Customer

Complaint received by

COR.

Surveillance results may be used as the basis for actions (to include payment deductions) against the contractor. In such cases, the Inspection of Services clause in the Contract becomes the basis for the Contracting Officer’s actions.

Ratings.

Metrics and methods are designed to determine if performance exceeds, meets, or does not meet a given standard and acceptable quality level. A rating scale shall be used to determine a positive, neutral, or negative outcome. The following ratings shall be used:

A numerical scale with numbers 1 through 10 where 1 is poor and 10 is excellent.

DOCUMENTING PERFORMANCE.

a. Acceptable Performance.

The Government shall document positive performance. A report template is attached. Any report may become a part of the supporting documentation for fixed fee payments, award fee payments, or other actions.

b. Unacceptable performance.

When unacceptable performance occurs, the COR shall inform the contractor. This will normally be in writing unless circumstances necessitate verbal communication. In any case the COR shall document the discussion and place it in the COR file.

When the COR determines formal written communication is required, the COR shall prepare a Contract

Discrepancy Report (CDR), and present it to the contractor's task manager or on-site representative. A CDR template is attached to this QASP.

The contractor shall acknowledge receipt of the CDR in writing. The CDR will specify if the contractor is required to prepare a corrective action plan to document how the contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the contractor has to present this corrective action plan to the COR. The Government shall review the contractor's corrective action plan to determine acceptability.

Any CDRs may become a part of the supporting documentation for contract payment deductions, fixed fee deductions, award fee nonpayment, or other actions deemed necessary by the KO.

Frequency of Measurement.

a. Frequency of Measurement.

During contract/order performance, the COR shall take periodic measurements, one visit every task order as specified in the AQL column of the Performance Standards Summary Matrix, and shall analyze whether the negotiated frequency of measurement is appropriate for the work being performed.

b. Frequency of Performance Assessment Meetings.

The COR shall meet with the contractor once to assess performance and shall provide a written assessment.

Contracting Officer Representative