W911YU-17-R-0005_PWS.pdf

(Ver. Jun 2014)

ABOUT PERFORMANCE WORK STATEMENTS (PWS) (Ver. Jun 2014)

1. IMPORTANCE OF THE PWS:

a. A PWS, not a Statement of Work (SOW), is required for services acquisition and is the most essential document in the Procurement Requirements Package (PRP) because it forms the basis of the contract. While it is the customers’ responsibility to prepare the PWS, they should contact NGB-AQ if assistance is needed. Having a draft reviewed early in the process can be helpful in developing the PRP.

b. All other actions in the process stem from defining the requirement - the purpose of a PWS. It must be written so that technical and non-technical readers can understand it during the solicitation and administration phases of the process. Remember, contractors first see the PWS during the solicitation phase of the process and this is what they use to formulate their proposals (manpower, equipment, costs, etc). And, the Contracting Officer (KO) must understand the requirement in order to enforce contractor performance. When developing a PWS, think like the contractor - would you be able to calculate how many people you would need to perform the services or what your costs would be based on what is in the PWS? Ensuring a well written PWS will:

(1) Enable offerors to clearly understand the services required;

(2) Allow offerors to more accurately price their proposals and submit higher quality technical proposals;

(3) Provide a baseline for the development ofother parts of the solicitation, particularly the evaluation criteria and technical proposal instructions.

(4) Minimize the need for future modifications which can increase the price and delay completion;

(5) Allow both the Government and contractor to assess performance; and,

(6) Reduce the possibility of a protest before or after award and reduce claims and disputes under the contract.

c. Because the PWS forms the contract, it is subject to contract law. A fundamental legal principle is that because the Government is the drafter, any ambiguity usually is construed against the Government by the courts; that is, when two reasonable interpretations are possible, the court will generally find in favor of the contractor. The interpreter must look to what the contract actually says not what the Government meant to say or would like to have said.

2. FORMAT OF A PWS: Some language is required in every PWS; some only if it relates to a specific acquisition. The following are key paragraphs in the format. See the sample format below to determine what information and language should be included for your specific acquisition. This is the required format for any PWS submitted to NGB- AQ effective 15 April 2014. NOTE: The blue text is for informational purposes only and should be removed before submitting your PRP.

1.0 General

2.0 Definitions and Acronyms

3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S)

4.0 Contractor Furnished Property, Materials, and Equipment (CFP/M/E)

5.0 Requirements

6.0 Applicable Publications

TECHNICAL EXHIBIT 1 - Performance Requirements Summary (PRS) TECHNICAL EXHIBIT 2 - Deliverables Schedule TECHNICAL EXHIBIT 3 - Estimated Workload Data

3. Performance Based Services Acquisition (PBSA):

a. A PWS defines the services the contractor must perform to meet the Government’s needs. Over 15 years ago, DoD mandated that services contracts be written in terms of the results required by the contractor’s performance rather than specifying the methods the contractor uses to perform. Using a performance based PWS is beneficial because:

(1) The focus is on the intended results, not the process used to perform services,

(2) No detailed specifications or process descriptions are needed,

(3) The contractor has flexibility in proposing the solution. As a subject matter expert in a particular industry, the contractor should know the most cost effective innovations and best practices used by that industry, and

(4) The contractor has buy-in and shared interests.

b. Federal Acquisition Regulation (FAR) 37.102(a)(1) states “When acquiring services…..agencies must use performance-based acquisition methods to the maximum extent practicable.”

c. A performance based services contract requires more targeted oversight by the Government to ensure the contractor’s best practices are providing the required results.

ADDITIONAL CONSIDERATIONS WHEN DEVELOPING A PWS

1. Use simple words, phrases, and sentences for clarity. Be concise, precise, and consistent. Careful and exact descriptions will avoid misunderstandings before and during the life of a contract. Avoid jargon whenever possible.

2. Avoid ambiguities. An ambiguity is a word or phrase that can have more than one meaning or interpretation. For instance, “support” is an ambiguous term. What specific type(s) of support do you require from the contractor?

3. To reduce the possibility of misinterpretation, terminology must be consistent. The same words and phrases must be used when describing the same requirement. It is confusing if a hole is referred to as an "orifice" and later called a "void."

4. Use the active voice. Instead of saying “The contractor is responsible for a report.” or “A report shall be prepared by the contractor” say “The contractor shall prepare a report.” Remember, the contractor always “shall” and the Government “will.” “Shall” is an imperative in contract terminology that means the contractor absolutely must do this.

Also, “should” or “may” gives the contractor the choice whether to do it.

5. Avoid words like “and/or,” “etc.,” and “including but not limited to.” “And/or” implies the contractor has a choice between the two. Contractors are not required to deliver items that are not specifically mentioned. The use of the word “including,” followed by a list only obligates the contractor to provide those items specifically listed. And, how does a contractor estimate costs or resources for “etc” or “…including but not limited to?”

6. Vague or inexact words and generalizations are open to so many interpretations that they become meaningless. Phrases such as "securely mounted," "properly assembled," "carefully performed," “as necessary,” “to all intents and purposes,” and “insofar as possible” are all examples of unenforceable language. Remember, contract terms must be enforceable to be valid.

7. Do not use phrases such as “the contractor shall assist…” or “as directed.” “Assist” and “directed” imply personal services which require statutory authority to enter into.

Contractors do not “assist” nor are they “directed” by Government personnel, except the KO. Contractors work independently without direct supervision from the Government.

Contractors are not employees.

8. Spell out abbreviations or acronyms when you use them the first time. After that, use the abbreviation or acronym throughout the rest of the PWS. In include them in Paragraph 2.0.

9. Don’t duplicate information in the PWS that will be included in other parts of the contract. For instance, payment and invoicing procedures will be included in clauses or in other sections of the solicitation and contract so they don’t need to be incorporated into the PWS. If you are not sure what should be included, ask the KO.

10. Common industry or in-house terminology is not always as universally defined as might be assumed. Technical terms must be specifically defined since judges settling disputes lean toward the "ordinary and usual" meaning and usually interpret the meaning against the drafter (the Government). For instance, “technical services” encompasses a broad area of expertise. What results do you desire from the services?

Remember, if it’s not spelled out in the contract, the contractor will probably prevail in the event of dispute or claim against the Government.

11. Punctuation. A comma in the wrong place in a contract can make a difference.

12. PWS Paragraph Numbering. Numbering of PWS paragraphs should be as follows.

Don’t go beyond 5 levels of numbers because it gets too confusing. After the 5th level, use the standard a., b., c., (1), (2), (3) tabbing.

3.0 Requirements:

3.1 Subparagraph

3.1.1

3.1.1.1

3.1.1.1.0

1.

a.

(1)

MANDATORY FORMAT FOR

PERFORMANCE WORK STATEMENT (PWS)

FOR

Environmental Consulting Services

1.0 General:

1.1 Scope: The Contractor will provide a comprehensive range of hazardous materials and waste related service including operations planning, related documentation and reporting, regulatory agency communications with thoroughly trained experienced personnel in proper management of hazardous materials and waste to ensure compliance of all applicable Federal and Local Environmental Laws.

1.2 Background: Hazardous Materials management has taken on an ever-increasing importance in industry and in the government as regulatory controls have become more defined and costs of procuring and disposing of hazardous material have risen dramatically. The concept of a management plan and service to the Guam Army National Guard will represent a structured, proven means and establish controls while enhancing compliance with regulations and promoting safety.

1.3 Period of Performance (PoP): The Period of Performance shall be one Base Year of 12 months and ___2___- 12-month option years.

1.4 General Information:

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

1.4.2 Recognized Holidays: The following are recognized US holidays. The contractor shall not perform services on these days:

1.4.2.1 New Year’s Day: January 1st

1.4.2.2 Martin Luther King, Jr.’s Birthday

1.4.2.3 President’s Day

1.4.2.4 Memorial Day

1.4.2.5 Independence Day: July 4th

1.4.2.6 Labor Day

1.4.2.7 Columbus Day

1.4.2.8 Veteran’s Day: November 11th

1.4.2.9 Thanksgiving Day

1.4.2.10 Christmas Day

1.4.3 Place and Performance of Services: The contractor shall provide services between the hours of 0800-1700 on Monday through Friday, excluding Saturday, Sunday and US holidays. Work outside regular working hours requires Contracting Officer approval. Coordinate all work outside regular working hours with the Contracting Officer five (5) days in advance to allow arrangements to be made by the Government for the area to be available for necessary work and for inspecting the work in progress.

Performance shall be at All Guam Army National Guard (GUARNG) facilities to include Barrigada Readiness Complex and Fort Juan Muna, Guam. The contractor shall at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS when the Government facility/installation is not closed for the above reasons. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the work force are essential. Telecommuting is not authorized.

1.4.3.1 Unscheduled gate closures by the Security Police may occur at any time causing all personnel entering or exiting a closed installation to experience a delay. This cannot be predicted or prevented. Contractors are not compensated for unexpected closures or delays. Vehicles operated by contractor personnel are subject to search pursuant to applicable regulations. Any moving violation of any applicable motor vehicle regulation may result in the termination of the contractor employee’s installation driving privileges.

1.4.3.2 The contractor’s employees shall become familiar with and obey the regulations of the installation; including fire, traffic, safety and security regulations while on the installation. Contractor employees should only enter restricted areas when required to do so and only upon prior approval. All contractor employees shall carry proper identification with them at all times. The contractor shall ensure compliance with all regulations and orders of the installation which may affect performance.

1.4.4 Security Requirements. The contractor shall comply with all applicable installation/facility access and local security policies and procedures, which may be obtained from the Contracting Officer’s Representative (COR). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. The contractor shall ensure compliance with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes.

1.4.5 Special Qualifications: The contractor shall be licensed and registered to do business in the United States and territories. The contractor shall have a valid certification in hazardous material (HAZMAT) and hazardous waste (HAZWASTE). The contractor shall be equipped with a Department of Transportation (DOT) certification in order to transport and dispose of HAZMAT/HAZWASTE materials.

1.4.6 Contract Manager (CM): The contactor shall designate a CM who shall ensure performance under this contract. The name of this person, and an alternate who shall act for the contractor when the CM is absent, shall be designated in writing to the KO.

The CM or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The CM shall work through the COR, (or the KO if a COR is not assigned), to resolve issues, receive technical instructions, and ensure adequate performance of services. The CM shall ensure that contractor employees do not perform any services outside the scope of the contract without an official modification issued by the KO. The CM shall ensure contractor employees understand that services performed outside the scope of the contract are performed wholly at the expense of the contractor.

1.4.7 Identification of Contractor Employees: All contractor personnel will be required to obtain an identification badge at all times while in the Guam Army National Guard (GUARNG) facilities. Upon contractor personnel departure from GUARNG facilities, identification badge shall be returned back to the security on the same day.

1.4.8. Combating Trafficking in Persons: The United States Government has adopted a zero tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not engage in severe forms of trafficking in persons during the period of performance of the contract; procure commercial sex acts during the period of performance of the contract; or use forced labor in the performance of the contract. The Contractor shall notify its employees of the United States Government’s zero tolerance policy, the actions that will be taken against employees for violations of this policy. Such actions may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment. The Contractor shall take appropriate action, up to and including termination, against employees or subcontractors that violate the US Government policy as described at FAR 22.17.

1.4.9 Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the KO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.4.10 Organizational Conflicts of Interest (OCI): The contractor and subcontractor personnel performing services 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 OCIs, as defined in FAR Subpart 9.5. The contractor shall notify the KO 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 KO to avoid or mitigate any such OCI. The contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO and in the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO 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.

2.0 Definitions and Acronyms:

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

2.1.2 CONTRACTING OFFICER (KO). 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.

2.1.3 CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government designated by the KO to monitor contractor performance. 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.

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

2.1.5 DELIVERABLE. Anything that can be physically delivered and includes non-manufactured things such as meeting minutes or reports.

2.1.6 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.

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

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

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

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

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

2.1.12 WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.13 WORK WEEK. Monday through Friday, unless specified otherwise.

2.2 ACRONYMS:

AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation AT/OPSEC Antiterrorism/Operational Security CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DOD Department of Defense FAR Federal Acquisition Regulation GFP/M/E/S Government Furnished Property/Material/Equipment/Services IA Information Assurance IS Information System(s) KO Contracting Officer OCI Organizational Conflict of Interest ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit HAZMAT Hazardous Material HAZWASTE Hazardous Waste

3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S):

The Government will provide the property, material, equipment, and/or services listed below solely for the purpose of performance under this contract:

3.1 Property: NONE

3.2 Materials: Training aids

3.3 Equipment: Environmental Spill Kits

3.4 Services: NONE

3.5 Utilities: All utilities in the facility will be available for the contactor’s use in the performance of this contract. The contractor shall instruct employees in utilities conservation practices. The contractor shall operate under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount.

4.0 Contractor Furnished Property, Materials, and Equipment (CFP/M/E):

4.1 General: Except for those items specifically stated to be Government-Furnished in Paragraph 3.0, the contractor shall furnish everything required to perform these services as indicated in Paragraph 1.1.

5.0 Requirements: The contractor shall:

5.1 Provide a Work Plan in compliance with environmental regulations where needed or requested i.e. spill training, UECO training, hazardous material/waste training. The contractor will deliver a draft in thirty (30) days and in its final thirty (30) days thereafter upon receiving its review and approval from the Environmental Program Manager

(EPM).

5.1.1 Hazardous materials and waste management plan

Current plan update for FY18

5.1.2 Hazardous materials commodity flow analysis

Only if requested by GUARNG CFMO

5.1.3 Hazardous materials site investigation

To include sampling and analysis of up to 3 samples

Barrigada Readiness Complex, BLDG 810

For Juan Muna, Barrigada, BLDG 46

5.1.4 Investigation-derived waste (IDW) characterization & disposal

Investigation to include sampling and analysis of up to 3 samples

Disposal cost per 55-gallon drum based on contamination found

5.1.5 Industrial waste collection and disposal

To include all petroleum, oil filters, waste rags:

cost per 55-gallon drum for each (note for FY17 utilized 6 to 8- 55 gallon drums for above items, mainly petroleum)

Used oil / fuels- cost per gallon

For waste not listed, please provide cost based on type of waste per 55-gallon drum

5.1.6 Hazardous waste packaging, shipping and disposal

Paints and solvent- per 55 gallon drum (note for FY17 utilized 3 to 5- 55 gallon drums)

Batteries (NiCad, Alkaline, Zinc Alkaline)- cost per pound

5.1.7 Hazardous Material and Hazardous Waste Services and Supplies

Oil Absorbent Pads- Cost for 15-20 bales

Oil Absorbent Booms- Cost for 10-15 bales

Dry Sweep- Cost for 25- 20 pound bags

5.2.1 Conduct training for Unit Environmental Compliance Officers (UECO).

Minimum 20 personnel (once a year)

5.2.2 Conduct hazardous material / waste training.

Minimum 20 personnel (once a year)

5.2.3 Conduct emergency spill response training.

Minimum 20 personnel (once a year)

5.2.4 Recommend, implement, and facilitate corrective actions

Please provide cost estimate prior to initiation of services.

Subject to specific recommendation cost of implementation and facilitation.

5.X Contractor Manpower Reporting Application (CMRA):

5.X.1 The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Guam Army National Guard via a secure data collection site.

5.X.2 The contractor shall completely fill in all required data fields using the following web address: http://www.ecmra.mil/. Reporting inputs shall be for the labor executed during the period of performance during each Government fiscal year (FY), which runs http://www.ecmra.mil/

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, beginning with 2013. Contractors may direct questions to the help desk at http://www.ecmra.mil.

TECHNICAL EXHIBIT 1

Performance Requirements Summary

This Performance Requirements Summary includes performance standards. The Government will use these standards to determine contractor performance and will compare contractor performance to the Acceptable Quality Level (AQL).

PWS Paragraph Task Performance

Standard Acceptable

Quality Levels

(AQL)

Surveillance Method / By Whom

5.1 The contractor

shall provide a Work Plan in compliance with environmental regulations within the established timeframe

The contractor shall deliver Work Plan and schedule within the established timeframe and implement 98% of the time each month.

2% failure to perform implementation of the Work Plan schedule within the established timeframes each month.

Periodic Inspection - COR will review monthly work order logs.

http://www.ecmra.mil/

5.2 The contractor

shall provide Environmental Compliance training.

The contractor shall perform Environmental Compliance training within the established timeframes 98% of the time each month.

2% failure to perform Environmental Compliance training within the established timeframes each month.

Periodic Inspection - COR will review monthly work order logs.

TECHNICAL EXHIBIT 2

Deliverables Schedule

(Deliverables must be identified in the PWS and then summarized here. See examples below)

PWS Reference / Deliverable Title

Frequency Number of Copies

Medium/Format Submit To

5.1 Environmental

Consultant Service

Work Plan

Provide draft within 30 days and in its final 30 days thereafter upon receiving review and approval from

EPM

2 Electronic Submission and Hard Copy

COR