Combined Synopsis W91151-22-Q-0042-0001 MHE.docx

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

This is a Request for Quote (RFQ) and the solicitation number is W91151-22-Q-0042-0001.

This acquisition is Set Aside 100% for Small Business. The North American Industry Classification System (NAICS) code is 532490 and the associated size standard is $35,000,000.

This combined synopsis-solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2022-02, effective 14 January 2022, and Defense Federal Acquisition Regulation Supplement (DFARS) DPN 20211230.

This combined synopsis-solicitation incorporates one or more provisions or clauses by reference, with the same force and effect as if they were given in full text. The full text of any provision or clause may be accessed electronically at https://www.acquisition.gov/browse/index/far.

The Government will award a contract resulting from this combined synopsis-solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The contractor shall provide the following Service:

CLIN 1: MHE NTC 22-05 POP: 14 FEB 22 – 28 FEB 22

The following equipment with operators:

3 - 4K Forklifts 3 - 10K Forklifts 1 - 30K Forklift 1 - 80 Ton-crane 1 - 100 Ton-crane

The Service shall be performed on Fort Hood.

The contractor shall provide a quote with operators and without operators and a price break down.

The contractor shall comply with the following performance work statement:

PERFORMANCE WORK STATEMENT

Armored Brigade Combat Team Material Handling Equipment (MHE) Support (1CD Sustainment Readiness Order 22L3-032) for 1st Calvary Division (1CD) in Fort Hood, TX (Includes associated Performance Requirements Summary (PRS) (Prepared 3 November 2021)

PART 1

GENERAL INFORMATION

1. GENERAL INFORMATION: This is a service contract with personnel to provide 2x-4,000 (4K) pound forklifts, 1x-10,000 (10K) pound forklift, 1x-30,000 (30K) pound forklift, 1x-80-ton crane and 1x-100-ton crane in support of the 1st Cavalry Division operations. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

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 services and capabilities as defined in this Performance Work Statement. The contractor shall perform to the standards in this contract.

1.2. Background: 1st Calvary Division requires a material handling equipment (MHE) contract to support 1/1 CD operations and modernization and 2/1 CD and 3/1 CD National Training Center (NTC) rotations. A Division-level order for coordination is vital due to unit requirements coinciding, ensuring efficient use of contracted equipment.

1.3. Objectives: To fulfill the U.S. Governments repetitive need for material handling equipment in Fort Hood. Obtain efficient, cost-effective services by providing a quantity of 2x-4,000 (4K) pound forklifts, 1x-10,000 (10K) pound forklift, 1x-30,000 (30K) pound forklift, 1x-80-ton crane and 1x-100-ton crane.

1.4. Scope: The contractor shall provide a quantity of 2x-4,000 (4K) pound forklifts, 1x-10,000 (10K) pound forklift, 1x-30,000 (30K) pound forklift, 1x-80-ton crane and 1x-100-ton crane to be delivered to Fort Hood, TX to unload/upload containers, tracks, and wheeled vehicles in support of 1/1 CD operations and modernization, 2/1 CD and 3/1 CD National Training Center (NTC) rotations. The contractor is responsible for all maintenance the equipment might need that is not considered damage due to negligence, and in the event of an emergency maintenance requirement lasting more than eight (8) hours to repair shall be prepared to swap out the vehicle. The government will provide fuel for the duration of the contract and delivery/pick-up costs are included in the price. The contractor shall have a company representative on call to respond to equipment operability issues with full telephone coverage and authority to make decisions on behalf of the company. The time starts for a required maintenance call when the Government calls or texts the company representative. The contractor shall have a functioning voicemail. Lack of telephonic capabilities by the contractor does not relieve the contractor of liability for required timeframe to make equipment operational.

1.5. Period of Performance: The period of performance shall be as follows:

a. See CLIN 1 and CLIN 2.

1.6. Quality Control: Quality Control is the responsibility of the contractor. The contractor is responsible for the delivery of quality services/supplies to the Government (see FAR 52.212-4, Contractor Terms and Conditions – Commercial Items). A formal Quality Control Plan (QCP) is not required for this commercial service. However, the contractor shall maintain an inspection system commensurate with commercial practices to ensure the Contractor only tenders for acceptance those items or services that conform to the requirements of this contract.

1.6.1. 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 a government only document primarily focused on what the Government must do to assure that the contractor has performed in accordance with the requirements of the contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. Non-conforming services shall be re-performed at no increase in contract price. If non-conforming services are recurring, cannot be re-performed, or the services fail to achieve the Performance Requirements Summary (PRS), the Government may reject the nonconforming service(s) and document the contractor’s performance record accordingly. The Government may also issue a Contract Discrepancy Report (CDR) in which the contractor will be required to respond with the development of a corrective action plan (CAP) which identifies the root cause, corrective action (CA) for the root cause, CA for the specific nonconformance, and the date the CAs will be complete. The Government may also reduce the payment to the contractor IAW the PRS, or reduce payment to reflect the value of the services performed, or may perform the services and charge the Contractor for any related cost incurred and/or may terminate this contract for cause.

1.6.1.1. Non-conforming Supplies or Services: When a contractor’s performance does not meet contract requirements and/or approved work schedules and/or timeframes it is considered non-conformance. Non-conformance shall be classified in one of three categories: Level I (Minor), Level II (Major) or Level III (Critical). The Government may re-inspect work designated for re-performance or late performance.

1.6.1.1.1. Level I (Minor) Non-conformance: defined as not likely to materially reduce the usability of the supplies or services for their intended purpose or is a departure from established standards having little bearing on the effective use or operation of the supplies or services. Minor non-conformance usually can be corrected on the spot, where no further corrective action (CA) response is necessary and can be issued by the COR to the contractor either through a verbal or written non-conformance report. Minor non-conforming services shall be re-performed within a specified time frame at no increase in contract price. If minor non-conformance violations are recurring or re-performance is not completed in full and within the specified time a Level II non-conformance may be issued to the contractor by the Contracting Officer (KO).

1.6.1.1.2. Level II (Major) Non-conformance: defined as likely to result in failure of the supplies or services or to materially reduce the usability of the supplies or services for their intended purpose. Recurring Minor non-conformances, or a non-responsive contractor, indicating a trend or failure of the contractor’s quality control, can also be classified as a Major non-conformance. Major non-conformance violations shall result in the issuance of a written CDR from the KO to the contractor requiring the development of a CAP by the contractor which identifies the root cause, CA for the root cause, CA for the specific non-conformance and the date CAs will be completed.

1.6.1.1.3. Level III (Critical) Non-conformance: defined as likely to result in hazardous or unsafe conditions for individuals using, maintaining, or depending upon the supplies or services; is likely to prevent performance of a vital agency mission; is for a repeated or uncorrected level II CDRs; or is for a non-responsive contractor to a level II CDR. Critical non-conformance violations shall result in the issuance of a written CDR to the contractor requiring the development of a CAP by the contractor which identifies the root cause, CA for the root cause, CA for the specific non-conformance and the date CAs will be completed.

1.6.2. Federal Government Holidays: The contractor is not required to perform services on any Federal holiday.

NOTE: If these holidays fall on Saturday, the preceding Friday will be observed. If these holidays fall on Sunday, the following Monday will be observed. If a holiday falls on a regular workday, routine services shall be rescheduled to ensure mission requirements are met.

1.6.3. Hours of Operation: The contractor is responsible for conducting business, between the hours of 0730 and 1530 Eastern Standard 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 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.

1.6.4. Place of Performance: The work performed under this contract will be at locations supporting the three ABCTs to include but not limited to include motor pools, Supply Support Activities (SSAs), and Company Operating Facilities (COFs). No other location is authorized.

1.6.5. Type of Contract: The government will award a Firm-Fixed Price Contract in support of qualified requirements.

1.6.6. Security.

1.6.6.1. Identification of Contractor Employees: Contractor's personnel performing work under this contract must be cleared through Fort Hood Post security systems and/or procedures at time of the proposal submission and must maintain the level of security required for the life of the contract. The Contractor (to include subcontractors) shall provide each employee an Identification (ID) Badge, which includes at a minimum, the Company Name, Employee Name and a color photo of the employee. ID Badges for Key Personnel shall also indicate their job title. ID Badges shall be always worn during which the employee is performing work under this contract. Each Contractor (to include subcontractors) employee shall wear the ID Badge in a conspicuous place on the front of exterior clothing and above the waist except when safety or health reasons prohibit. The Contractor (to include subcontractors) shall be responsible for collection of ID Badges upon completion of the contract or termination of employee. A listing of issued identification cards shall be furnished to the Contracting Officer (KO) and COR prior to the contract performance date and updated as needed to reflect Contractor and Subcontractor personnel changes. 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.

1.6.6.2. 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.

1.6.6.3. Key Control: The Contractor shall establish and implement methods of ensuring that all keys issued to the Contractor by the Government are not lost, or misplaced, and are not used by unauthorized persons. 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. In the event a key becomes misplaced, lost or stolen the incident will be reported to the COR and the 88th Readiness Division (RD) Directorate of Emergency Services (DES) NLT the beginning of the next business day.

1.6.7. 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, Post Award Orientation. The Contracting Officer, 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.

1.6.8. 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, and specifications; monitor Contractor's performance and notify 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.

1.6.9. Key Personnel: The follow personnel are considered key personnel by the government: Point of Contact (POC) and Alternate POC (APOC). The Contractor shall provide a Point of Contact (POC) at each location covered in this contract that shall be responsible for the competent performance of the work required under the specifications of this contract. The name and contact information of the POC and an alternate, who shall act for the contractor when the POC is absent, shall be designated in writing to the Contracting Officer (KO) and COR. The name and contact information for the POC for each location shall be provided to the KO and COR. The POC or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. Contractor shall furnish the COR a list of telephone numbers where the Contractor or his authorized representative may be contacted, between the hours of 0730 and 1530 Monday thru Friday except Federal holidays. The list shall be provided NLT 2 days prior to the start of the contract and as changes occur. The POC and Alternate POC shall be able to read, write, speak and understand English.

1.6.10. 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.

1.6.11. Sexual Assault and Sexual Harassment Policy. The Contractor shall ensure all employees comply with the Sexual Assault and Sexual Harassment Policy outlined below.

1.6.11.1 Sexual Harassment Policy Compliance: The Contractor shall certify that all employees performing work under this contract have been fully trained per the requirements below. The COR shall be provided with the following information at a minimum: employee’s name, civil identification number and date trained. Proof of Sexual Harassment Policy Compliance is due within five (5) days after initial contract award and within 48 hours after arrival of new personnel on site.

1.6.11.2 The Contractor shall conduct training of all employees annually to prevent sexual assault and sexual harassment. This training must, at a minimum, ensure that all the Contractor employees understand the definitions and policy outlined below.

1.6.11.3 Each employee shall be in compliance with the training requirement and shall be reported to the Contracting Officer Representative prior to the employee being allowed access to the worksite."

1.6.11.4 Sexual Assault and Sexual Harassment Policy Definitions. As used in this policy – “Sexual Assault” means – A crime defined as intentional sexual contact, characterized by use of force, physical threat or abuse of authority or when the victim does not or cannot consent. Sexual assault includes rape, nonconsensual sodomy (oral or anal sex), indecent assault (unwanted, inappropriate sexual contact or fondling), or attempts to commit these acts. Sexual assault can occur without regard to gender or spousal relationship or age of victim. “Consent” will not be deemed or construed to mean the failure by the victim to offer physical resistance. Consent is not given when a person uses force, threat of force, or coercion or when the victim is asleep, incapacitated, or unconscious.

1.6.11.4.1 Sexual Harassment” means – Gender discrimination that involves unwelcomed sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature between the same or opposite sex genders when such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creates an intimidating, hostile, or offensive working environment. Categories of sexual harassment are:

1.6.11.4.2 Verbal – Examples include telling sexual jokes; using sexually explicit profanity, threats, sexually oriented cadences, or sexual comments; whistling in a sexually suggestive manner; and describing certain attributes of one’s physical appearance in a sexual manner.

1.6.11.4.3 Nonverbal – Examples include staring at someone, blowing kisses, winking, or licking one’s lips in a suggestive manner. The term may also include printed material (for example, displaying sexually oriented pictures or cartoons); using sexually oriented screen savers on one’s computer; or sending sexually oriented notes, letters, faxes or email.

1.6.11.4.4 Physical Contact – Examples include touching, patting, pinching, bumping, grabbing, cornering, or blocking a passageway; kissing; and providing unsolicited back or neck rubs.

1.6.11.4.5 Policy: The Department of Defense has adopted a policy to prevent sexual assault and sexual harassment. Contractors and contractor employees in the Area of Responsibility (AOR) shall not –

1.6.11.4.5.1 Commit acts of sexual assault against any person on any camp, post, installation, or other United States enclave within the AOR; or

1.6.11.4.5.2 Sexually harass any person on any camp, post, installation, or other United States enclave within the AOR.

1.6.12 Sex Offenders. A sex offender is defined as any person, including but not limited to a Service member, Service member’s Family member, civilian employee, civilian employee’s family member, or contractor, who either is registered or required to register as a sex offender by any law, regulation or policy of the United States, the Department of Defense, the Army, a State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, America Samoa, The Northern Mariana Islands, the U.S. Virgin Islands, or a federally recognized Indian tribe. This definition is not limited to persons convicted for felony sex offenses but includes all persons who are registered or required to register as a sex offender regardless of the classification of their offenses, including felonies, misdemeanors, and offenses not classified as a felony or misdemeanor.

1.6.12.1 All sex offenders shall register in accordance with the Sex Offender Notification Act and shall register with the local Installation, Base, or Camps Provost Marshal Office.

1.6.12.2 Registrants will produce evidence of the qualifying conviction or the sex offender registration paperwork, to include the state/sovereign in which the sex offender was convicted, date of conviction, and results of conviction, to include length of time required to register and any specific court ordered restrictions.

1.6.12.2.1 Persons who are sex offenders include those convicted by a foreign government of an offense equivalent or closely analogous to a covered offense under the Uniform Code of Military Justice as provided in AR 27-10. See 42 USC 16911(5)(B) and U.S. Department of Justice, Office of the Attorney General, The National Guidelines for Sex Offender Registration and Notification, Final Guidelines, 73 FR 38030, 38050-1 (July 2, 2008) for guidelines and standards

1.7. Antiterrorism (AT) and Operations Security (OPSEC).

1.7.1. AT Level I Training. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date, new employee hire, 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 60 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

1.7.2. Access and general protection/policy and procedures. The contractor and all associated sub-contractor employees shall provide all information required for background checks necessary to meet installation access requirements. These checks will be accomplished by the installation Provost Marshal Office, Director of Emergency Services or Security Office. The contractor and all associated sub-contractors shall obtain background checks per 1.7.2.1 when unescorted access is required for employees without a CAC and associated background investigation. 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. Contractor employees who will be entering Army-controlled installations or facilities and who do not possess a valid CAC, including subcontractor employees, must present a Federal personal identity verification card or authorized identification issued by state, or local governments.

1.7.2.1. The contractor shall request via COR, a background check for all contractor employees, including subcontractor employees, requiring unescorted access to government facilities. Contractors shall use 88th RD Forms 451 and 452 in excel format when requesting the background checks. The background checks must include a check of the National Crime Information Center Interstate Identification Index (NCIC-III) and, when available, Terrorist Screening Database (TSDB).

1.7.2.1.1. Upon contract award, the MICC will provide 88th RD Forms 451 and 452 to the Contractor POC in excel format.

a. COR receives completed 88th RD Forms 451 and 452 from Contractor POC in excel format. Note: No PDF or scanned documents will be accepted.

b. CORs will verify Form 451 / 452 are properly completed.

c. Requesting Directorate will each appoint one COR POC to act as their representative to submit Forms 451 and 452 to Fort McCoy NCIC-III POC via USARMY Ft McCoy DES IMCOM Central Mailbox.

d. Fort McCoy conducts NCIC-III check and returns Form 452 to CORs.

e. COR notifies Contractor POC that personnel have been vetted and cleared for unescorted access to 88th RD facilities.

f. COR will forward Form 452 to designated AFOS / FOS for unescorted contractor access. Note: Form 452 can be used as a facility access roster.

1.7.2.1.2. If derogatory information is contained in the background check, unescorted access may be denied in accordance with Army Directive 2014-05 (Policy Implementation Procedures for Common Access Card Credentialing and Installation Access for Uncleared Contractors).

a. COR will notify 88th RD DES of individuals who have been denied access.

b. 88th RD DES will complete Access Denial Letter and forward to COR along with Access Control Denial Waiver Package.

c. COR provides Access Denial Letter and Access Control Denial Waiver Package to Contractor POC.

1.7.3. In cases where an uncleared Contractor employee, including any subcontractor employee, is denied access based on derogatory information, the individual may request a waiver.

a. Contractor POC informs COR that employee desires to submit an Access Control Waiver Denial Application.

b. COR, will forward the individual’s completed packet to 88th RD DES for review.

c. 88th RD DES will review members' Access Control Denial Waiver Application in consultation with Fort McCoy Access Control NCIC-III POC.

d. 88th RD DES provides recommendation to 88th RD Senior Leadership.

e. 88th RD Senior Leadership or designee makes final fitness determination.

f. 88th RD DES will notify COR of final fitness determination.

g. If waiver is granted, 88th RD DES will provide Access Approval Letter to COR. COR will then provide copy of Access Approval Letter to Contractor POC, AFOS/FOS for facility access and retain copy for COR files.

1.7.4. Individuals may be denied unescorted access if derogatory information includes, but is not limited to, the following:

1. The NCIC-III contains criminal information about the individual that causes the Senior Commander to determine that the individual presents a potential threat to the good order, discipline, or health and safety of the installation.

2. The installation is unable to verify the individual's claimed identity based on the reasonable belief that the individual has submitted fraudulent information concerning his or her identity in the attempt to gain access.

3. The individual has a current arrest warrant in NCIC, regardless of the offense or violation.

4. The individual is currently barred from entry or access to a federal installation or facility.

5. The individual has been convicted of crimes encompassing sexual assault, armed robbery, rape, child molestation, production or possession of child pornography, trafficking in humans, drug possession with intent to sell or drug distribution.

6. The individual has a U.S. conviction of espionage, sabotage, treason, terrorism, or murder.

7. The individual is a registered sex offender.

8. The individual has been convicted of a felony within the past 10 years, regardless of the offense or violation.

9. The individual has been convicted of a felony firearms or explosives violation.

10. The individual has engaged in acts or activities designed to overthrow the U.S. Government by force.

11. The individual is identified in the Terrorist Screening Data Base (TSDB) as known to be suspected of being a terrorist or belonging to an organization with known links to terrorism or support of terrorist activity. When this capability becomes available to DoD, security personnel performing installation access control personnel will strictly follow the Federal Bureaus on Investigation’s published engagement protocols.

1.7.5. iWATCH Training. All Contractor employees, including subcontractor employees, to be briefed on the local iWATCH program (training standards provided by the requiring activity Anti-terrorism Officer (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 to be completed within 30 calendar days of Award and within 30 calendar days of new employees commencing performance with the results reported to the COR no later than 60 calendar days after Award.

1.7.6. Activity Regulations for Contractor Access and Use of Premises

1. Follow all current Army Security Regulations concerning strict visitor control and preservation of all Government assets. Immediately report all security concerns to the COR, who will notify the Security Office.

2. The Contractor shall adhere to requirements as directed in Federal Acquisition Regulation – 52.222-54; Employment Eligibility Verification. Contractors shall be enrolled in the Department of Homeland Security E-Verify Program. Information on registration for and use of the E-Verify program can be obtained via the Internet at the Department of Homeland Security Web site: http://www.dhs.gov/E-Verify.

3. The Contractor shall ensure that its employees entering Army-controlled installations or facilities have obtained access badges and passes in accordance with facility regulations and that these badges and passes are obtained in advance so as not to delay the accomplishment of contracted services.

4. The Contractor shall return within two business days all issued U.S. Government Common Access Cards, installation badges, and/or access passes to the COR or DR when the contract is completed or when a Contractor employee no longer requires access to the installation or facility. In the event a Key (or Key Card) or Access Card/Badge/Pass has been misplaced, lost, or stolen the incident will be reported to the COR and 88th RD DES NLT the beginning of the next business day.

5. The Contractor shall comply with all personnel identity verification procedures. Employees must be always accompanied by an authorized Government employee while providing services in secure areas.

6. During Force Protection Conditions (FPCON) Charlie and Delta, services are discontinued, and services shall resume when the FPCON level is reduced to level Bravo or lower.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. 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.

2.1.2. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or services to the government. The term used in this contract refers to the prime.

2.1.3. 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.

2.1.4. 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.

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

2.1.6. DELIVERABLE. Anything that can be physically delivered but may include non-manufactured things such as meeting minutes or reports.

2.1.7. GOVERNMENT-FURNISHED PROPERTY (GFP) OR GOVERNMENT PROPERTY (GP). Property in the possession of, or directly acquired by, the Government and subsequently made available to the Contractor.

2.1.8. 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.

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

2.1.10. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are acceptable in accordance with established standards and requirements of this contract.

2.1.11. QUALITY ASSURANCE SPECIALIST. An official Government representative concerned with matters pertaining to the contract administration process and quality assurance/quality control. Acts as technical advisor to the Contracting Officer in these areas.

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

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

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

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

2.1.16. WORK WEEK. Monday through Friday, except for Federal holidays unless specified otherwise.

2.2. ACRONYMS:

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. General: The Government will not provide any services, equipment, or materials required to complete the work under this contract with the exception listed in 3.3.

3.2. Facilities: N/A

3.3. Utilities: The Government will provide refueling of the MHE for the duration of the period of performance. The ABCTs are responsible to provide and pay for all refueling requirements.

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 furnish all personnel, supplies, equipment, materials, transportation, tools, and services required to perform work under this contract that are not listed under Section 1.3-1.4 of this PWS.

4.2. Secret Facility Clearance: N/A

4.3. Materials: N/A

4.4. Vehicles and Equipment: The Contractor shall provide a quantity of 2x-4,000 (4K) pound forklifts, 1x-10,000 (10K) pound forklift, 1x-30,000 (30K) pound forklift, 1x-80-ton crane and 1x-100-ton crane to be delivered to Fort Hood, TX to unload/upload containers, tracks, and wheeled vehicles in support of 1/1 CD operations and modernization, 2/1 CD and 3/1 CD National Training Center (NTC) rotations. All contractor provided vehicles and equipment shall have the company name prominently displayed on both sides of the vehicle and equipment and present a neat, professional appearance. Contractor’s vehicles and equipment used in the performance of this contract shall meet all local traffic, safety, and environmental requirements. Vehicles and equipment found to be unsafe shall be removed from the installation and replaced. The Contractor shall not use any Government-owned tools, materials, or parts to maintain Contractor vehicles and equipment without prior written approval of the Contracting Officer. The COR may inspect the Contractor’s vehicles and equipment at any time.

4.5. Background Checks: The Contractor shall provide Background Checks in accordance with this PWS and as determined by the Government.

PART 5

SPECIFIC TASKS

5. SPECIFIC TASKS:

5.1. Basic Services: The Contractor shall provide all equipment, supplies, tools, materials, supervision, and other items necessary to perform this prescribed project as defined in this PWS to meet the performance requirements, except for those items specified as Government services.

5.1.1. The contractor shall provide a quantity of 2x-4,000 (4K) pound forklifts, 1x-10,000 (10K) pound forklift, 1x-30,000 (30K) pound forklift, 1x-80-ton crane and 1x-100-ton crane.

5.1.2. The Contractor is responsible for forklift maintenance issues and in the event of an emergency maintenance requirement lasting more than eight (8) hours to repair the Contractor must replace the vehicle at no additional cost to the Government.

5.1.3. The Contractor shall coordinate with the COR to assure all delivery confirmations prior to arrival. At time of delivery the Contractor shall complete a joint pre-inspection with the COR verifying that the forklifts are operational, and drivers are licensed.

5.1.4. The Government reserves the right to vary quantities by +/- 30%, and to make increases or decreases to the period of performance due to operational requirements. In the event changes occur, the Contracting Officer (KO) will notify the Contractor within 24 hours to make the adjustment accordingly. The Government shall not be charged for decreasing quantities or period of performance due to changes in operational requirements. Any changes shall be prorated at the calculated daily amount to adjust for increasing or decreasing requirements.

5.2. Service Contract Reporting

5.2.1 System for Award Management (SAM) Service Contract Report (SCR, ( if required)): The Contractor shall report ALL Contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the 1st Calvary Divsion via a secure data collection site. The Contractor is required to completely fill in all required data fields through the following web address: www.SAM.gov. Reporting inputs will be for the labor executed during the period of performance during each Government FY, which runs from October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk by clicking “View Assistance for SAM.gov” which is located at the top of the SAM.gov website. From there, you can the select “Contact Our Service Desk” which will allow you to contact SAM.gov directly. If contract period of performance ends prior to September 30, the Contractor has 30 calendar days from end date of the contract to complete the SAM SCR requirement.

5.2.2 Steps for Submitting a Service Contract Report (SCR)

Go to www.sam.gov and log in.

Select Entity Registrations and then select Service Contract Reporting.

SAM displays your entities which have service contracts and meet the reporting criteria. Select View by entity to see the service contracts for each entity.

Next, select Add for the service contract against which you want to create a Service Contract Report. Each service contract which meets the FAR Subpart 4.1703 reporting thresholds is displayed.

You will be taken to the Complete Service Contract Report page. SAM displays the contract details and allows you to report. You are required to enter the following information:

Total Amount Invoiced: Total dollar amount invoiced for services performed during the previous Government fiscal year under the contract (this amount should include the prime and any subcontract amount).

Prime Contractor Hours Expended: Prime contractor direct labor hours expended on the services performed during the previous Government fiscal year. The amount you enter is automatically divided by 2,080 hours to calculate a Full Time Employee (FTE) equivalent, displayed under the Prime Contractor Hours Expended as Prime Contractor FTEs.

Report any required Tier 1 subcontractor information by selecting the Add Tier 1 Subcontract Information button.

When you are ready to submit the report, select Submit. This saves your report and returns you to the Select Service Contract page where you can create other SCRs or edit an existing SCR.

5.2.3 Steps for Editing a Submitted Report

Follow steps 1-4 above. Any previously submitted SCR will have a View/Edit button instead of an Add button.

Select View/Edit. You will be able to view the current SCR, edit available fields, and resubmit the record. You can also delete previously entered information altogether.

STD: All information provided by the Contractor shall be accurate, complete, and not exceed suspense dates noted in corresponding paragraph above.

AQL: 100% Compliant

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

APPLICABLE PUBLICATIONS

6.1. The Contractor (to include subcontractors) must provide and abide by all applicable regulations, publications, manuals, and local policies and procedures.

PART 7

TECHNICAL EXHIBITS AND ATTACHMENTS

7.1. Attachment 1- 1CD Sustainment Readiness Order 22L3-032 ABCT Material Handling Equipment (MHE) Support

7.2. Attachment 2- DIV MHE Requirements 30NOV21

7.3. Attachment 3- ABCTs Contract Officer Representative Point of Contacts Roster

7.4. Attachment 4- Material Handling Equipment Visual Guide

7.5. Attachment 5- Material Handling Equipment Quad Chart

7.6. Attachment 6- Wales Crane Rigging Service

7.7. Attachment 7- Letter of Justification (LOJ)

7.8 Attachment 8- Material Handling Equipment Quality Assurance Surveillance Plan (QASP)

7.9 Attachment 9- Request For Service Contract Approval Form

The following FAR and DFARS clauses and provisions are incorporated by reference:

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-20 Predecessor of Offeror AUG 2020 52.212-1 Instructions to Offerors--Commercial Products and Commercial Services DEC 2021 52.212-2 Evaluation - Commercial Items DEC 2021 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services DEC 2021 52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services DEC 2021 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals -- Representation. DEC 2016 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2021 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors FEB 2019 252.204-7008 Compliance With Safeguarding Covered Defense Information Controls OCT 2016 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting DEC 2019 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support MAY 2016 252.204-7016 Covered Defense Telecommunications Equipment or Services – Representation DEC 2019 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services – Representation MAY 2021 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services JAN 2021 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.204-7023 Reporting Requirements for Contracted Services. JUL 2021 252.211-7003 Item Unique Identification and Valuation MAR 2016 252.223-7999 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (Deviation 2021-O0009) OCT 2021 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. FEB 2016 252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations OCT 2010

The following FAR and DFARS clauses and provision are incorporated by full text:

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.