TAB E - PWS XRF ORBIS System Service Agreement.pdf

PWS

PERFORMANCE WORK STATEMENT (PWS)

U.S. Criminal Investigation Laboratory Center EDAX Service Agreement

Part 1 General Information

1. GENERAL: This is a non-personnel services contract to perform routine maintenance.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform a required routine maintenance and on-site repairs to any malfunctioning equipment or parts to include replacement parts.

1.2 Background: EDAX Inc. is the manufacturer of the Orbis Micro-EDXRF system for X-ray analysis. EDAX is the sole source provider of field service, various parts and assemblies for repair, service, and maintenance for the EDAX Orbis EDXRF analysis system.

1.3 Objectives:

* To perform routine maintenance actions on the Orbis Micro-EDXRF system

* To perform on-site visits to repair any malfunctioning equipment or parts, to include the replacement parts

1.4 Scope: This is a service agreement to perform routine maintenance actions on the Orbis Micro-EDXRF system. This will include on-site visits to repair any malfunctioning equipment or parts, to include the replacement parts.

1.5 Period of Performance: The period of performance shall be for one (1) Base Year and two (2) Option Years.

Base year: 14 JAN 2025 – 13 JAN 2026 Option year 1: 14 JAN 2026 – 13 JAN 2027 Option year 2: 14 JAN 2027 – 13 JAN 2028

1.6 General Information: The Orbis Micro-EDXRF is a highly complex, proprietary system for which no one other than the manufacturer supplies parts or maintenance.

1.6.1 Quality Control: The contractor shall engage in an effective quality control program to ensure services are performed in accordance with this PWS. 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 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. A copy of the Contractor’s basic Quality Control Plan shall be provided to the Contracting Officer for approval not later than 10 calendar days after receipt of award. An updated copy shall be provided to the Contracting Officer and COR as changes occur.

1.6.2 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the quality assurance surveillance plan. These standards primarily focus on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. The standards define how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.3 Federal Government Holidays:

The contractor is not required to perform services on holidays.

New Year’s Day 1st day of January Martin Luther King Jr.’s Birthday 3rd Monday of January President’s Day 3rd Monday of February Memorial Day last Monday of May Juneteenth 19th day of June Independence Day 4th day of July Labor Day 1st Monday of September Columbus Day 2nd Monday of October Veteran’s Day 11th day of November Thanksgiving Day 4th Thursday of November Christmas Day 25th day of December

1.6.4 Hours of Operation: The contractor is responsible for conducting business, between the hours of 0800-1700 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 always 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.

1.6.5 Place of Performance: The work to be performed under this contract will be performed at the United States Army Criminal Investigation Laboratory, Forest Park, GA.

1.6.6 Type of Contract: This is a sole source contract.

1.6.7 Security Requirements: Contractor personnel will perform services under this PWS at their location.

1.6.7.1 Installation Access: Contractor and all associated subcontractor employees shall provide all information required for background checks to meet installation 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 individual facility or installation change, the Government may require changes in contractor security matters or processes.

1.6.7.2 AT Level 1 Training. All contractor employees, to include subcontractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT Level I Awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 30 calendar days after completion of training by all employees and subcontractor personnel. AT level I Awareness training is available at the following website: http://jko.jten.mil.

1.6.7.3 For contractors that do not require CAC but require access to a DoD facility or installation: Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative);

1.6.7.4 iWATCH Training: The contractor and all associated sub-contractors shall brief all employees on the local iWATCH Army program (training standards provided by the requiring activity ATO). This local 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 COR. This training shall be completed within 30 calendar days of contract award and within calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award.

1.6.7.5 For contracts that require OPSEC Training: Per AR 530-1, Operations Security, the contractor employees must complete Level I OPSEC Awareness training. New employees must be trained within 30 calendar days of their reporting for duty and annually thereafter.

1.6.7.6 Threat Awareness Reporting Program: For all contractors with security clearances. Per AR 381-12 Threat Awareness and Reporting Program (TARP), contractor employees must receive annual TARP training by a CI agent or other trainer as specified in 2-4b.

1.6.7.7 Physical Security: N/A.

1.6.7.8 Key Control: N/A.

1.6.7.9 Lock Combinations. N/A.

1.6.7.10 Training. N/A.

1.6.8 Special Qualifications: N/A.

1.6.9 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.

1.6.10 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 regarding 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.

1.6.11 Key Personnel: The follow personnel are considered key personnel by the government: Contract manager/Alternate 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 8:00 a.m. to 5:00 p.m., Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons.

1.6.12 Identification of Contractor Employees: N/A.

1.6.13 Contractor Travel: N/A.

1.6.14 Other Direct Costs: NA

1.6.15 Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer.

All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.6.16 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 affect 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.

1.6.17 PHASE IN /PHASE OUT PERIOD: NA

1.6.18 Supervision of Contractor Employees: The Government will not exercise any supervision or control over Contractor or subcontractor employees while performing work under the contract. Such employees shall be accountable solely to the Contractor, not the Government. The Contractor, in turn, shall be accountable to the Government for Contractor or subcontractor employees.

1.6.19 Safety: Contractors will be expected to conform to the USACIL requirements for employee safety including, but not limited to, OSHA, post fire safety requirements, general laboratory safety protocols, etc.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1 DEFINITIONS:

2.1.1 ASCLD-LAB. American Society of Criminal Laboratory Directors- Laboratory Accreditation Board. The certifying board under which the U.S. Army Criminal Investigation Laboratory maintains certification.

2.1.2 CONTRACT ADMINISTRATOR. The official Government representative delegated authority by the Contracting Officer to administer a contract. This individual is normally a member of the appropriate Contracting/Procurement career field and advises on all technical contractual matters.

2.1.3 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.

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

2.1.5 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 if that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

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

2.1.7 DELIVERABLE. Anything that can be physically delivered but may include non-physical things such as meeting minutes.

2.1.8 GOVERNMENT-FURNISHED PROPERTY (GFP) OR GOVERNMENT PROPERTY (GP).

Property in the position of, or directly acquired by, the Government and subsequently made available to the Contractor.

2.1.9 ISO. Certifying body under which the laboratory has certification.

2.1.10 KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.11 N.I.S.T. National Institute of Standards and Technology.

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

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

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

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

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

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

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

2.2. ACRONYMS:

AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CCE Contracting Center of Excellence CFR Code of Federal Regulations CMR Contract Manpower Reporting CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DNA Deoxyribonucleic Acid 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 PM Preventative Maintenance POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Service: N/A.

3.2 . Facilities: N/A.

3.3 . Utilities: N/A.

3.4 . Equipment: N/A.

3.5 . Materials: N/A.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1. General: The Contractor shall provide a Project Manager (PM) who shall be responsible for the performance of the work. The name of this person and alternate who shall act for the Contractor when the manager is absent shall be designated in writing to the contracting officer. The PM or alternate shall have full authority to act for the Contractor on all contract matters relating to daily services as defined in this PWS.

Contract manager or alternate shall be available 8:00 a.m. through 4:30 p.m., Monday thru Friday except Federal holidays or when the Government facility is closed for administrative reasons.

4.1.1. The contractor shall provide all necessary trained experienced technical personnel, software updates, and licenses.

4.1.2. The Contractor shall provide the Contracting Officer and the Contracting Officer’s Representative a list of telephone numbers where the primary service representative may be contacted during normal working hours and for emergency service calls. The Contractor shall have communication services with his/her own Contractor’s service representative, the COR and ACOR at all times.

4.1.3. The contractor shall furnish the Contracting Officer’s Representative (COR) a signed copy of helpdesk support, software updates, and license support.

4.2. Secret Facility Clearance: N/A

4.3. Materials: N/A.

4.4. Equipment: N/A

PART 5 SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services. The contractor shall perform routine maintenance actions on the Orbis Micro-EDXRF system. This will include on-site visits to repair any malfunctioning equipment or parts, to include the replacement parts.

5.2. Task Heading:

5.2.1 The contractor shall respond to unlimited emergency service calls within 48 hours (excluding weekends and federal holidays) to perform software support. This applies software updates and licenses support.

5.3 CONTRACTOR MANAGEMENT REPORTING (CMR): The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the Contractor shall report ALL Contractor manpower (including subcontractor manpower) required for performance of this contract. The Contractor shall completely fill in all the information in the format using the following web address https://beta.SAM.gov The required information includes: (1) Contracting Office, Contracting Officer, Contracting Officer’s Technical Representative (COTR) or also known as the Contracting Officer’s Representative (COR); (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor's name, address, phone number, e-mail address, identity of Contractor employee entering data; (5) Estimated direct labor hours (including sub-Contractors); (6) Estimated direct labor dollars paid this reporting period (including sub-Contractors); (7) Total payments (including sub-Contractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by Contractor (and separate predominant FSC for each sub- Contractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the Contractor with its UIC for the purposes of reporting this information); (11) Locations where Contractor and sub-Contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language; and (13) Number of Contractor and sub-Contractor employees deployed in theater this reporting period (by country). As part of its submission, the Contractor shall provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period shall be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a Contractor’s system to the secure website without the need for separate data entries for each required data element at the website. The specific formats for the XML direct transfer may be downloaded from the website.

PART 6 APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

6.1. The Contractor must abide by all DoD, Army, CIDC and DFSC applicable regulations, publications, manuals, and policies and procedures when performing all services pursuit to this PWS and contract.

NUMBER DATE DESCRIPTION MANDATORY

AR 200-1 Dec 07 Environmental

Protection X

AR 385-10 Nov 13 Army Safety Program X EM-385-1-1 Aug 11 Safety and Health X Requirements Manual OSHA All OSHA guidelines X

PART 7 ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. Attachment/Technical Exhibit List:

7.1. Attachment 1/Technical Exhibit 1 – Performance Requirements

7.2. Attachment 2/Technical Exhibit 2 – Deliverables Schedule

TECHNICAL EXHIBIT 1

Performance Requirements Metrics

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.

Performance Objective STANDARDS PERFORMANCE

THRESHOLD

Method of Surveillance

Incentive (Positive and/or Negative)

PRS #1. The contractor shall perform routine maintenance on the Orbis Micro-EDXRF system

On-site visits to repair any malfunctioning equipment or parts, to include the replacement parts

100% Inspection

Final Inspection

Contractor performance will be documented in

CPARS.

Monthly Rate.

TECHNICAL EXHIBIT 2 DELIVERABLES SCHEDULE