Draft_Animal_Control_PWS.docx

Performance Work Statement (PWS) Animal Control Fort Carson, CO

PART 1

GENERAL INFORMATION

1.0. General: This is a non-personal services contract to provide Animal Control services. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. 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 Animal Control at Fort Carson, Colorado as defined in this Performance Work Statement (PWS) except for those items specified as Government furnished property and services. The Contractor shall perform to the standards in this contract.

1.2. Background: The Fort Carson military community has a responsibility to maintain order and protect personnel living on the Installation. Stray domestic animals running loose present a human health and safety hazard; however, the Installation does not have the personnel available to collect or transport these strays during duty hours, nor does it have facilities to house or care for domestic stray, abused or relinquished animals.

1.3. Objectives: The services of the Contractor are needed to collect and remove and temporarily care for stray domestic animals from the installation.

1.4. Scope: This contract includes all functions, tasks and responsibilities normally performed by an animal control service. The Contractor shall be responsible for the collection, removal, and transport of animals to a kennel to temporarily shelter, care for, and dispose of these animals. The Contractor is responsible only for the collection and transporting animals that are already confined and not to chase or capture animals that are running loose on the installation.

1.4.1. The historical number of animals collected from Fort Carson averages 1 per day. The Contractor shall comply with all applicable laws and regulations, including but not limited to Federal Law, Colorado State Law, and Army and installation regulations.

1.5. Hours of Operation:

1.5.1. Normal Duty Hours - Contractor Collection and Transportation: At the request of the Fort Carson Emergency Dispatch or the Contracting Officer Representative (COR), the Contractor shall provide collection and transportation services from Fort Carson to their kennel facility Monday through Friday from 7 am until 4 pm, except on Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. 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.

1.5.2. Fort Carson Police/Provost Marshal Division (P/PMD) Animal Delivery: The Contractor shall have the capability to accept animals delivered to their facility from the P/PMD 24 hours a day, 365 days a year, which includes local, State and Federal holidays.

1.5.3. Federal Government Holidays.

1.6. Place of Performance: The work to be performed under this contract will be performed at various sites on Fort Carson for animal pickup as requested by Fort Carson P/PMD Emergency Dispatch or the COR and the Contractor’s off post kennel facility.

1.7. General Information:

1.7.1.. Period of Performance: The period of performance shall be for one 12 month base year starting 1 January 2015 through 31 December 2015 and four 12 month option years.

1.7.2. Type of Contract. The Government will award a Firm Fixed Price purchase order.

1.7.3. 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.

1.7.4. Quality Assurance: The government will evaluate the contractor’s performance under this contract in accordance with the Performance Requirements Summary (PRS). 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 shall 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 shall 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.

1.7.5. 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.

1.7.5.1. Level I (Minor) non-conformance: is defined as a non-conformance that is 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 CA response is necessary, and can be issued by the Contracting Officer Representative 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-conformances 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).

1.7.5.2. Level II (Major) non-conformance: is defined as a non-conformance, other than critical, that is 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’s shall result in the issuance of a written Contract Discrepancy Report from the KO to the contractor requiring the development of a Corrective Action Plan 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.

1.7.5.3. Level III (Critical) non-conformance: is defined as a non-conformance that is 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-conformances 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.

1.7.5.4. Inspection Results: The contractor will be notified of Government inspection results. The contractor shall acknowledge receipt of the inspection results. The contractor may be notified of inspection results verbally. Verbal notifications of defective work will be confirmed in writing. When Government inspectors are unable to contact the contractor to notify the contractor of inspection results, acceptance or rejection of work will be made on the basis of the initial inspection.

1.7.6. 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 (FAR) Subpart 42.5, Post Award Orientation. The Contracting Officer or COR may meet periodically with the contractor to review the contractor's performance. At these meetings the Contracting Officer or COR will apprise the contractor of how the government views the contractor's performance and the contractor shall apprise the Government of problems, if any, being experienced. The contractor shall not take any action as a result of these meetings without written authorization from the Contracting Officer. The contractor shall provide the Contracting Officer a written notification if there is an additional price or cost associated with any proposed change or action related to the contract. Upon Contracting Officer notification, appropriate action shall be taken to resolve outstanding issues as soon as possible. These meetings shall be at no additional cost to the Government and the use of conference calls is acceptable methods to conduct these meetings.

1.7.7. 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. 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. The COR is not authorized to change any of the terms and conditions of the resulting order, direct action that changes the negotiated price of the contract (either increase or decrease) or changes delivery dates.

1.7.8. Key Personnel: 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 and alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

1.7.9. 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 and subcontractor employees’ performance.

1.7.10. Safety: The Contractor shall comply with all Federal, State and local safety rules, regulations, laws and court orders.

1.7.10.1. The Contractor shall immediately correct all safety deficiencies upon notification of the deficiencies by the KO or COR, and shall notify the KO or COR of the corrective action to be taken.

1.7.10.2. The Contractor will maintain vehicle insurance, and personal liability insurance for their employees.

1.7.11. Tobacco Use and Drug Free Work Place Act of 1988: The Contractor shall comply with Fort Carson policies for controlling tobacco use in Government buildings, vehicles, and facilities (AR 600-63 Army Health Promotion). Although the State of Colorado has legalized the use and possession of marijuana, the Contractor shall comply with the Drug Free Workplace Act of 1988(48 C.F.R. §§ 52.223-6 and 252.223-7004), which requires contractors to develop and maintain drug-free workplace programs. Such programs must include, among other features, disciplinary action or rehabilitation following a criminal drug conviction and a prohibition on the possession or use of controlled substances in the workplace. This includes marijuana, a Schedule I controlled substance under the Controlled Substances Act of 1970. See 21 U.S. C. § 812.

1.7.12. Contractor Manpower Reporting: The contractor will report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Department of the Army via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil, and then click on “Department of the Army CMRA” or the icon of the DoD organization that is receiving or benefitting from the contracted services.

1.7.12.1. 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 of each calendar year, beginning with 2015. Contractors may direct questions to the help desk by clicking on “Send an email” which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Component’s CMR website at http://www.ecmra.mil. The required data fields include:

(1) Contracting Office, Contracting Officer, Contracting Officer's Technical Representative;

(2) Contract number, including task and delivery order number;

(3) Beginning and ending dates covered by reporting period;

(4) Contractor 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 Product Service Code (PSC)/Federal Service Code (FSC) reflecting services provided by contractor (and separate predominant PSC/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 Supported Activity (the Army Supported 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 will also provide the estimated total cost (if any) incurred to comply with this reporting requirement.

PART 2

DEFINITIONS

2.0. Definitions:

2.1. Police/Provost Marshal Division (P/PMD) Representatives – Officials of the Fort Carson P/PMD, to include Conservation Law Enforcement Officers, Military Policemen and Department of the Army Civilian Police.

2.2. Domestic Animal – Any species of animal that has been kept as a pet and is unable to care for itself in a natural environment. This includes, but is not limited to, dogs, cats, birds, snakes, iguanas, fish, turtles, rabbits, guinea pigs, hamsters, and ferrets.

2.3. Stray Animals – Domestic animals that are found running loose outside the control of its owner.

2.4. Relinquished Animals - Domestic animals for which the owners no longer want or are unable to care for, and may be placed immediately up for adoption or disposed of.

2.5. Business Day – The days between and including Monday to Friday, excluding Federal holidays.

PART 3

GOVERNMENT FURNISHED PROPERTY (GFP), EQUIPMENT, AND SERVICES

3.0. Government Furnished Property and Services:

3.1. The Contractor will be notified telephonically by the Fort Carson Emergency Dispatch or the COR when and where there is an animal requiring collection and transportation.

3.2. The COR will arrange for all necessary gate passes to allow access to the installation.

3.3. Representatives of the P/PMD may transport stray, abused or relinquished animals from Fort Carson to the Contractor’s facility after hours.

3.4. Representatives of the P/PMD will inform the Contractor of any animal that has been involved in a bite or abuse incident and may require special handling or quarantine.

3.5. The Government may provide the Contractor a release, signed by the animal’s owner, for any animal that is relinquished to the P/PMD.

3.6. The Government is not responsible to provide the Contractor with any other property or services.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4.0. Contractor Furnished Items and Services:

4.1. General: The Contractor shall furnish all licenses, insurance, supplies, equipment, facilities, and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.2 At the request of the Fort Carson Emergency Dispatch or the COR, the Contractor will provide collection and transportation services from Fort Carson to their kennel facility Monday through Friday from 7 am until 4 pm, Federal holidays excluded.

4.3. The Contractor will furnish all equipment necessary to safely collect and transport an animal from Fort Carson to their kennel facility. This includes, but is not limited to, vehicles, noose poles, nets, travel crates, cages, gauntlets and other personal protective equipment.

PART 5

SPECIFIC TASKS

5.0. SPECIFIC TASKS:

5.1. The Contractor shall arrive at the designated address or site within one hour of being called (or one hour and 15 minutes if the road conditions on Fort Carson are amber) by the Emergency Dispatch.

5.2. The Contractor may not carry or bring firearms, animal control tranquilizers or pharmaceuticals, capsaicin solutions, or tasers/stun guns onto the installation. The COR or a Fort Carson Conservation Law Enforcement Officer (through Emergency Dispatch) will be notified when an animal is encountered that is deemed to be too aggressive to be safely handled.

5.3. The Contractor is only authorized to transport or handle domestic animals as defined above. A Conservation Law Enforcement Officer will be contacted through the Emergency Dispatch for wildlife related issues.

5.4. The Contractor shall transport obviously sick or injured stray animals to the Fort Carson Veterinary Clinic at Building 6190 for treatment prior to being taken to the kennel.

5.5. Owners on Fort Carson that relinquish their pet to the Contractor will be required to sign a Contractor generated relinquishment form that contains the owner’s name, address, date, signature and a brief explanation of why the animal is being relinquished.

5.6. The Contractor shall maintain a kennel facility within 15 miles of Fort Carson. Animals shall be accepted from the P/PMD by the Contractor 24 hours a day, 365 days a year. Domestic animals collected by or brought to the Contractor shall be provided appropriate care until claimed by the pet’s owner or for five days, after which the animal may be placed for adoption or humanely disposed of in accordance with the American Veterinary Medical Association Guidelines on Euthanization, June 2007. The only exception allowed involves a 10 day quarantine required for bite or abuse cases.

5.7. The Contractor shall provide adequate care for animals collected from or provided by Fort Carson as defined by the Pet Animal Care and Facilities Act (PACFA), Colorado Revised Statutes 35-80-101, and Colorado Department of Agriculture Code of Colorado Regulations 8 CCR 1201-11, Rules and Regulations Pertaining to the Administration and Enforcement of the PACFA.

5.8. Each animal collected shall be scanned for an implanted microchip within 24 hours. If a transponder is found, efforts will be made to contact the registered owner of the animal.

5.9. Within 24 hours of intake, the Contractor shall digitally photograph the stray and post the picture, along with a brief description of the animal and the date and location from where it was picked up, on a Contractor-generated website to help pet owners reclaim their lost animals.

5.10. To allow pet owners to reclaim their animals, the facility shall be open year-round for at least eight hours a day, Monday through Friday, federal holidays excluded. The Contractor shall verify the claimant is actually the owner of the animal either through descriptions, photographs, animal behavior or other evidence; disputes shall be referred to the COR for resolution.

5.11. Three days after an animal arrives at the Contractor’s facility, or immediately if an animal has been relinquished, the contractor may contact adoption or fostering agencies for final disposition. Unless relinquished, the animal shall not be released from the facility to an adoption agency until after the fifth day.

5.12. The Contractor shall provide the care of a licensed veterinarian to any animal that becomes injured while in its custody. The contractor is responsible for any costs associated with the treatment of the injury. Ailments requiring medical attention include (but are not limited to) cuts, lacerations or open sores; broken bones or teeth; or skin lesions. Animals presented to the contractor with any of the above ailments will not be accepted for intake until after the animal has been treated by a veterinarian. The Contractor shall notify the COR if any animal becomes seriously sick. Ailments requiring the COR to be notified include (but are not limited to) fever; vomiting; or obvious signs that the animal is in physical distress. The COR will arrange for veterinary care for the sick animal, if necessary.

5.13. After five days, the Contractor may humanely dispose of any animal that is deemed unadoptable in accordance with American Veterinary Medical Association Guidelines, June 2007. Euthanization shall only be performed by a licensed veterinarian. A licensed veterinarian may also immediately euthanize any animal that is experiencing extreme pain or suffering due to illness or injury. The COR may authorize the euthanization of any animal deemed dangerous to the Contractor. The Contractor shall provide for the appropriate disposal of animal carcasses.

5.14. The Government will not be responsible for damage due to fire, theft, accident, or any other cause to Contractor supplies, materials, and equipment or the Contractor employees’ personal belongings as a result of caring for domestic animals received from Fort Carson.

5.15. SPECIAL REQUIREMENTS:

5.15.1. The Contractor shall notify the COR telephonically within 24 hours when a Fort Carson claimant retrieves a dog breed that is banned from Fort Carson or the dog has demonstrated a propensity for aggressive behavior while held by the Contractor. Banned breeds include Pit Bulls (American or English Staffordshire Bull Terriers), Rottweilers, Doberman Pinschers, Akitas, Mastiffs, Chows and wild canid hybrids.

5.15.2. The Contractor shall notify the COR within 24 hours of any Fort Carson animal that is suspected of having been neglected or abused.

5.15.3. For accounting purposes, each animal picked up or provided to the contractor shall be given a sequential number, beginning with 001, followed by the last two digits of the current year, ie. 001-12. This number shall be recorded on an intake form, along with the species of the animal, breed and color. The intake form shall also contain the following information:

· The Computer Automated Dispatch (CAD) number telephonically provided by the Dispatcher for animals that are collected and transported by the contractor.

· Date and printed name of the P/PMD representative who dropped off the animal, along with the location where the animal was found.

· Date, printed name, address, telephone number, sponsor’s unit and signature of pet owners who reclaim an animal.

· Date released, printed name, telephone number and adoption agency for animals that are being adopted or fostered for adoption.

· Name of veterinarian and date of euthanization.

On the reverse side of the form the Contractor will detail their efforts made to contact the registered owner of an animal if a scanned transponder is found. The intake form may contain any other information the Contractor deems appropriate. Copies of the intake forms shall be made available to the COR upon request. Relinquishment forms and applicable documentation shall be maintained with the corresponding intake form. Intake and relinquishment forms and applicable documentation shall be maintained by the Contractor throughout the life of the contract and shall be turned over to the COR upon termination of the contract.

5.15.4. The Contractor shall allow, at the Government’s convenience, inspection of intake forms, relinquishment forms and applicable documentation, and the facility housing of Fort Carson strays for cleanliness, overall treatment of the animals and compliance with PACFA. The Government will perform quality assurance inspections in accordance with the Performance Requirements Summary (PRS).

5.15.5. Post Access: The Contractor and contractor employees are required to obtain a vehicle pass in order to access the Post. Contractor shall be required to coordinate this effort with the COR. The Contractor shall ensure that all its employees comply with the local installation requirements for vehicle registration passes and operation on the military facility. Fort Carson military installation is a limited access post with controlled gate openings and closures. Unscheduled gate closures by the Military Police may occur at anytime and all personnel entering or exiting the installation may experience a delay in doing so due to vehicle inspections, registrations, wearing of seat belts, etc. Contractor shall not be entitled to a price adjustment or claim were unexpected and/or exceptional delays caused at access controls or due to post closures. All vehicles and personnel are subject to search and seizure of contraband and/or unauthorized Government property. Contractor vehicles (Contractor-owned and personal), Contractor employees, and their personal property shall be subject to searches upon entering or leaving the Installation.

5.15.6. . iWATCH and/or CorpsWatch Training: The Contractor and all associated sub‐contractors shall brief all employees on the local iWATCH, Corps Watch, or See Something, Say Something program (training standards provided by the requiring activity ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after contract award.

APPENDIX A

PERFORMANCE REQUIREMENTS SUMMARY

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

1. The purpose of this section is to:

a. List the contract requirements considered most critical to acceptable contract performance.

b. Show the maximum allowable degree of deviation from perfect performance for each requirement.

2. The Government's primary quality assurance procedures are based on customer complaints, spot inspections of the recurring critical services, and planned scheduling. Some contract requirements will be surveyed by use of contractor reports.

3. The criteria for acceptable and unacceptable performance are as follows:

a. When the number of defects exceeds the acceptable level or trends in non-performance appear, the KO or COR may complete a Contractor Discrepancy Report (CDR). The CDR requires the Contractor to explain, in writing, why performance was unacceptable, how performance will be returned to acceptable levels and how recurrence of the problem will be prevented in the future. The written response to a CDR is due to the COR and KO within 3 business days from issuance of the CDR

4. The contractor will be notified of any deficiency from the PRS and shall take appropriate corrective action to bring performance into compliance with contract specifications and standards at no additional cost to the government.

Table 1: Performance Requirement Summary Obj.

Number

Meets standard 100 % of the time.