A07_PWS_FBO_MTSExtended_Warranty_Mark_Up.docx

U.S. Army Aeromedical Research Laboratory (USAARL)

PERFORMANCE WORK STATEMENT

for MTS 370 Landmark System Extended Warranty

1. General: This is supply contract to provide an extended warranty for base year and four (4) option periods for a MTS 370 Landmark System currently within the U.S. Army Aeromedical Research Laboratory (USAARL) which is located in Fort Rucker, AL; and is a subordinate research laboratory command under the U.S. Army Medical Research and Materiel Command, located in Frederick, MD at Fort Detrick. The Government shall not exercise any supervision or control over the contractor. Such contract service and or supplies providers shall be accountable solely to the Contractor who, in turn is responsible to the Government

1.1. Description of Supplies/Introduction: The contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the extended warranty for base year and four (4) option periods to maintain the MTS 370 Landmark System as defined in this Performance Work Statement. The contractor shall perform all the standards in this contract.

1.2. Background: USAARL procured a 370 MTS Landmark System load frame in 2008. Since original purchase, USAARL has maintained a contract for annual calibration and maintenance of the load frame and load cells, as well as a contract for extended warranty of the Flex Test 60 controller, hydraulic power unit (HPU), and load frame. USAARL aims to provide medical research in the military operations environment to sustain the Warfighter’s performance by delivering medical research, developing, testing, and evaluating solutions to air and ground Warriors. USAARL conducts medical research to develop and provide the biomedical basis for countermeasures that prevent and mitigate Warrior injury. Specifically, the Lab’s research includes developing return-to-duty standards for Soldiers suffering from neurosensory injuries, mild traumatic brain injuries, determining the effectiveness of life support equipment, and preventing and mitigating ground- and air-crew biomechanical injuries.

Today, USAARL’s mission has expanded to cover research preventing and mitigating aviator and ground warrior injuries. However, the mission would not be accomplished without USAARL’s team of physicians, engineers, scientists, psychologists, pilots, and administrators. USAARL applies its medical, psychological, and physiological knowledge and skills to optimize systems for the end user – the U.S. Army Warfighter. In doing so, the Laboratory has had an immeasurable effect on improving Army systems and has helped save countless lives.

1.3. Objectives: The contractor shall provide extended warranty of the Flex Test 60 controller, HPU, and load frame to include: onsite calibration, fluid assessment, technical support, replacement of parts, MTS Routine Maintenance, MTS Fluid Care Program, and to provide optimized product performance and efficiency. The purpose of this procurement is to obtain continued extended warranty of the Flex Test 60 controller, HPU, and load frame.

1.4. Scope: Contractor Tasks/Requirement shall be as follow:

Task 1: Contractor technicians shall be factory trained, or equivalent, in the servicing of this equipment.

Task 2: The Contractor shall provide extended warranty of the 370 MTS Landmark load frame, HPU, and controller that covers failures due to poor workmanship, specifically the electronics and load unit, HPU, load cell(s), grip(s), LVDT(s), and RVDT(s).

Task 3: In the event a failure of the system occurs, the contractor shall inspect the system and shall provide a “failure” report AND a written estimate of cost (i.e. quote) for any repair/replacement of parts to the COR within 15 calendars days of inspection and/or calibration. The Contractor shall wait for COR instruction/approval prior to taking any action regarding the repair or replacement of any part. The COR will provide direction to the Contractor with 15 calendars days of receipt of quote.

Deliverable 1: In the event a failure of the system occurs, the Contractor shall provide a written failure report and a price quote associated with the cost of repair or replacement for any equipment that does not meet manufacturer specification of operational performance to the COR within 15 calendars days of calibration. After repair/replacement written documentation shall state, at a minimum, each system is within manufacturer specification of operational performance.

Deliverable 2: The Contractor shall report contract‐related information in accordance with the Contractor Manpower Reporting (CMR) clause by 31 October of each year to the CMR website at: https://cmra.army.mil.

1.5. Place of Performance: The extended warranty for the supplies/services shall be delivered to the U. S. Army Aeromedical Research Laboratory (USAARL) located at Building 6901, Ferrell Road, Fort Rucker, AL 36362-0577. Preventive maintenance and calibration shall be performed on the installation at Fort Rucker, AL.

1.6. General Information

1.6.1. Quality Control (QC): The contractor shall develop and maintain an effective quality control program to (QCP) ensure services are performed in accordance to 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 assures that work complies with the requirement of the contract. QCP is to be delivered 30 days after contract award. After acceptance of the QCP the contractor shall receive the contracting officer’s acceptance in writing of any proposal change to the QC.

1.6.2. Quality Assurance: The Government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standard will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.3. Recognized Holidays: Contractor not required to provide service(s) on these days:

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

1.6.4. Hours of Operation: The contractor is responsible for conducting business, between the hours of 0730 - 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, and on Saturdays when needed. 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.

1.6.5. Type of Contract: The Government will award a firm fixed price (FFP) contract.

1.6.6. Security Requirements: The Contractor shall ensure all personnel performing under this contract have a favorable National Agency Check with Written Inquires (NACI), which must be coordinated with the USAG Security Office for submission within three business days prior to performance start date. The security requirements must be maintained for the life of the contract, and citizenship will be verified by the Security Office on all contract personnel.

1.6.7. Security Training: The following training associated to Anti-Terrorism and Operational Security (AT/OPSEC) will be required of all contractors associated to this PWS at the Government’s expense (numbering matches original Antiterrorism/Operations Security Review Cover Sheet clauses that are required for this work):

AT Level I Training. This provision/contract text is for contractor employees with an area of performance within an Army controlled installation, facility or area. 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 5 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: https://atlevel1.dtic.mil/at.

· Access and General Protection/Security Policy and Procedures. This standard language text is for contractor employees with an area of performance within an Army controlled installation, facility or area. 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 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 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. Personnel Security: IAW Army Regulations 380-67, and 25-2 all Contractor (s), performing under this contract will have a favorably completed National Agency Check with written Inquires (NACI), which must be coordinated with the U.S. Army Garrison (USAG) Security Office for submission within five (5) business days following the performance start date. If the contract employee has an investigation that is ongoing (open), the contract employee must bring with them at the time of in processing a copy of that SF85 for review by the USAG security office. At the time of in processing citizenship will be verified by presenting an original birth certificate or a US Passport or the original Naturalization Certificate to the USAG Security Office for all contract personnel assigned to the contract. Appointments will be made by the Government Contract Officer Representative (COR) or Program Manager (PM). The security requirements must be maintained for the life of the contract. In order to maintain the security requirements any derogatory information, to include law enforcement issues, mental health issues, or alcohol/drug related issues must be reported to the Government COR or PM who will notify the Unites States Army Garrison (USAG) Security Office. If unfavorable/derogatory information is found or reported, the contractor must remove the individual from this contract.

16.7.3. 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.

1.6.7.4. Key Control: The Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the Contracting Officer.

1.6.7.4.1 In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.

1.6.7.4.2. The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer.

1.6.7.5. Lock Combinations . The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Contractor’s Quality Control Plan.

1.6.6. Special Qualifications: The contractor is responsible for ensuring all employees possess and maintain current Information Assurance Technician (IAT) Level I professional certification during the execution of this contract.

1.6.7. 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 will be required to wear federal contractor identification badge.

1.6.8. 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.

2. SECURITY AND SAFEGUARD METHODS

2.1. Access and general Protection/Security Policy and Procedures: Contractor and all associated sub-contractors employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshall Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements Federal Acquisition Regulation (FAR Clause 52.204-9, Personal Identity Verification of Contract 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.

2.2. For contractors that do not require CAC, but require access to DoD facility or installation: Contractor and all associated sub-contractor employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 201-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by the Government Point of Contract), or, at OCONCUS locations, in accordance with status of forces agreements and other theater regulations.

a) The Contractor shall establish appropriate administrative, technical, and physical safeguards to protect any and all Government data. The Contractor shall ensure the confidentiality, integrity, and availability of Government data is in compliance with all applicable laws and regulations, including data breach reporting and response requirements, in accordance with DFARS Subpart 224.1 (Protection of Individual Privacy), which incorporates by reference DoD 5400.11, “DoD Privacy Program,” May 8, 2007, and DoD 5400.11-R, “DoD Privacy Program,” May 14, 2007. The Contractor shall also comply with federal laws relating to freedom of information and records management.

b) The Contractor must provide analyzed data within the established timeframe.

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP):

The QASP is a tool used by the Government (i.e. COR) as a way to assess Contractor performance. The following items will be monitored under this QASP and shall be uploaded to the Virtual Contractor Enterprise (VCE) at https://cor.army.mil:

See attachment – Quality Assurance Surveillance Plan

TRAVEL:

None.

PERIOD OF PERFORMANCE:

The period of performance shall be one (1) calendar year from the date of contract award with four (4) twelve (12) Month options.

CONTRACTOR MANPOWER REPORTING:

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.