Performance Work Statement Amendment 1.docx

PERFORMANCE WORK STATEMENT

Dump Truck with Backhoe and Trailers

September 2, 2025 REQUIREMENT: The contractor shall provide Two (2) Dump Trucks & Two (2) Backhoe with Trailer of Dump Truck & Backhoe with Trailers for each location, as outlined in this Performance Work Statement.

Dump Trucks must meet these specifications:

Payload capacity – 10-14 cubic yards Weight capacity – 10 tons Bed Volume – 10-25 cubic yards One front and one rear axel Backhoes with Trailers must meet these specifications:

Digging depth – 15-22 feet Bucket capacity - 10-16 cubic yards Trailer – 10-14 feet

1.0 Maintenance.

1.1 Maintenance Recovery.

NOTE: The government reserves the right to turn in equipment early by advanced notice of 24 hours to the contractor. Advanced notice and subsequent early turn in shall be done at no additional expense to the government. Only a warranted contracting officer may make changes to this contract that would cause the contractor to increase work levels or costs.

2.0 SCOPE.

2.1 The contractor shall be responsible for furnishing all materials, labor and equipment necessary to deliver, set-up, maintain, tear down, and remove Dump Trucks & Backhoes with Trailers at Fort Irwin, CA. Prior to arrival, coordinate with Government Representative.

2.2 The Contractor shall ensure Dump Trucks & Backhoes with Trailers are delivered with all necessary original equipment parts IAW the operator’s manual and have a full tank of fuel. All parts must be fully functional IAW the operator’s manual. All Dump Trucks & Backhoes with Trailers are to be delivered to designated locations inside training areas. The Contracting Officer Representative (COR) will provide the contractor each location.

2.3 The Contractor shall deliver the type and quantity two (2) Dump Truck and two (2) Backhoe with Trailer for the dates required. All additional components of the vehicle must be operational in accordance with the vehicles manual. The Government reserves the right to extend or curtail the lease/rental for each Dump Truck & Backhoe with Trailers and the COR will notify the Contractor within 24 hours if such a requirement is needed.

2.4 Diesel Operated power, equipment must be compatible with ULSD fuel. Government will provide ULSD fuel. The contractor shall label each piece of equipment next to the fuel tank with the wording “Diesel Fuel Only”. Failure to label accordingly will invalidate contractor claims regarding use of incorrect fuel.

2.5 The dump trucks and backhoes with trailers service package will include: equipment will have a full tank of fuel upon initial delivery and all necessary equipment essential to the dump trucks and backhoes with trailers; however, the government will not be responsible for returning the equipment with a full fuel tank or paying to refuel the equipment at the end of the Period of Performance. The Contractor shall respond to all maintenance calls within 6 hours and repair or replace the vehicle within 12 hours. All repairs or replacements for the leased equipment not completed within 12 hrs will not be charged to the U.S. Government. All equipment shall operate on Unleaded Fuel or Ultra Low Sulfur Diesel fuel and be capable of operating in rough terrain. All repairs and replacement costs are included in the price. Delivery/pick-up costs are included in the price

2.6 Contractor’s Representatives and Supervisors.

2.6.1 The contractor shall have a company representative on call to respond to maintenance requests 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 functioning voicemail. Lack of receiving capabilities by the contractor does not relieve contractor of liability for required timeframe to make equipment operational.

2.6.2 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 Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

2.7 Claims.

2.7.1 If a claim is submitted, it will require the joint pre-and post- inspection/acceptance sheets to accompany the claim form. Both must be provided to the Contracting Officer at the time of claim submission. The pre-and post- inspection/acceptance sheets must be signed by the authorized receiving representative that is indicated in the contract. Inspection/acceptance sheets must be signed and dated. Both parties’ names must be printed legible and signed. In the event that the contractor is not available for a joint inspection, to include when the Government shortens the length of the Period of Performance, the Government will conduct its inspection unilaterally and submit the inspection to the contractor as evidence that the Government’s Period of Performance is complete. The contractor shall adjust the invoice in accordance with the adjusted Period of Performance.

2.7.2 If a claim is submitted without the pre-and post-inspection/acceptance sheets, the claim is subject to be denied.

The contractor claim must include the following information:

3.0 TERMS.

3.1 Delivery Instructions.

3.1.1 Delivery must be made at the agreed upon time by the Government between the hours of 0800-1000 on the first day of the period of performance. All set up must be complete and equipment ready for use at that time.

3.1.2 The contractor shall coordinate with the COR at each site to assure placement at correct locations. At time of delivery, the contractor shall complete a joint pre- inspection with the Government Representative verifying that items have been delivered, are in the correct location, and are operational in accordance with the contract. The contractor shall also provide a post inspection sheet. The contractor must stand by until these inspections are complete. Items may require relocation within the same general area. Unit may or may not relocate as required. If items cannot be relocated by unit then the contractor is responsible for relocating items within the same general area.

NOTE: Increased security may delay contractor’s delivery time. It is the contractors’ responsibility to plan and prepare prior to the beginning of the period of performance to gain access to the installation.

3.2 Removal of Equipment.

3.2.1 The contractor shall remove all contracted/leased equipment from the specified locations within 48 hours after the period of performance ends. Should contracted/leased equipment remain in place beyond 48 hours or after the post-inspection (whichever comes first), the Government is not liable for usage, theft, loss, damages, or replacement cost due to contractor's negligence to take possession of owned items. Failure to pick up equipment can also result in a bar from Fort Irwin and/or Government Contracts. If for some reason the contractor is unable to pick-up the equipment, the contractor shall notify the Contracting Specialist and Contracting Officer in writing of when equipment will be removed.

3.2.2 All pre- and post-inspection/acceptance sheets must be provided to the COR.

4.0 FUEL

4.1 All internal combustion equipment supplied under this contract must operate on IAW California Code of Regulations Title 13, Section 2477, Airborne Toxic Control Measure for In-Use Diesel-Fueled Transportation Refrigeration Units (TRU) and TRU Generator Sets, and Facilities Where TRUs Operate.

4.2 It is the responsibility of the Government to provide Low Sulfur Diesel Fuel to the leased equipment.

4.4 The contractor shall label their equipment near the fuel tank with the wording “Diesel Fuel Only.” Failure to label accordingly will invalidate contractor claims regarding use of incorrect fuel.

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

4.5.1 Recognized Holidays:

Juneteenth

4.6 HOURS OF OPERATION: The contractor is responsible for conducting business, between the hours of 8:00 a.m. through 5:00 p.m., Pacific Standard Time. The Contractor shall plan to operate uninterrupted, including holidays and weekends during the established period of performance, and 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.

4.7 PLACE OF PERFORMANCE: The work to be performed under this contract will be performed in the NTC foot print located on Fort Irwin, CA.

Quantity, Locations and period of performance:

Quantity: Two (2) Dump Trucks & Two (2) Backhoe with Trailer Delivery Location: LSA Warrior (RUBA)

Period of Performance: 17SEP to 02NOV 2025

5.0 TYPE OF CONTRACT: The government will award a Fixed-Firm-Price contract.

5.1 SPECIAL QUALIFICATIONS: Contractor employees shall be trained, qualified, certified and/or licensed under the requirements specified in this contract prior to starting work. The contractor shall maintain records of training qualifications, certifications, and licenses and provide them to the Contracting Officer upon request. The Contractor shall ensure that the employees remain fully qualified to perform work under this contract. The Contractor shall maintain the work force in such a manner as to ensure that the employees remain fully qualified. The Contractor shall only employ persons able to speak, read, write, and understand English for those positions interacting with Government personnel, and where English is used or essential to provide the information, or service. Contractor personnel shall be physically capable of performing work under all climatic conditions.

5.1.1 AT Level I training. This standard language 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 Level I AT 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. Training will be conducted annually thereafter, if applicable. AT Level I awareness training is available at the following website: http://jko.jten.mil.

5.1.2 For contractors that do not require CAC, but require access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

5.1.3 Per AR 530-1 Operations Security, contract employees must complete the initial OPSEC Level I Awareness training and annually thereafter. OPSEC training is available at: https://securityawareness.usalearning.gov/opsec/index.htm.

5.1.4. 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 Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

5.2 POST AWARD CONFERENCE: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer (KO), Government Representative, and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings, the Contracting Officer will apprise the contractor of how the Government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

5.3 CONTRACTING OFFICER REPRESENTATIVE (COR):

COR: 1/1 AD, AS4

Name: CPT Christopher Campbell Email: christopher.o.campbell5.mil@army.mil Phone: (901) 240-0405

5.4 KEY PERSONNEL: The following personnel are considered key personnel by the Government: Contract Manager/Alternate Contract Manager. The contractor shall provide a contract manager who shall be responsible for the delivery of all equipment. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the Contracting Officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 8:00 a.m. to 5:00p.m., Monday thru Sunday to include Federal holidays except when the government facility is closed for administrative reasons. Qualifications for all key personnel are listed below: Contract Manager and Alternate must have sound knowledge of: Load and unloading cargo from rail loading docks, delivery trucks, storage areas, and production areas. Operate various machinery including backhoes with trailers and dump trucks to handle materials and inventory.

5.5 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.

5.6 CONTRACTOR TRAVEL: Contractor will be required to travel throughout Fort Irwin, CA during the performance of this contract to load and unload equipment. The contractor is not required to travel to off-site locations.

6.0 ORGANIZATION CONFLICT OF INTEREST: Contractor and

subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.